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Board of Adjustments Minutes Page 2 <br />December 17, 2019 <br />----------------------------- <br />owner only demolished the house and rebuilt on the existing foundation, the <br />variance would still be valid. <br /> <br />Chair Johnson opened the public hearing. <br /> <br />Aaron Brixius, the applicant, was present to answer any questions. <br /> <br />Commissioner Larson-Vito asked Mr. Brixius if he had any issues with the <br />conditions as outlined. <br /> <br />Mr. Brixius indicated he had no concerns with the conditions as outlined. <br /> <br />There being no one else to speak, Chair Johnson closed the public hearing. <br /> <br /> Moved by Commissioner Larson-Vito and seconded by Commissioner Jordan <br />to approve the variance request by Aaron Brixius for a 20’ setback variance <br />from the Ordinary High Water Mark to Lake Orono on the property located at <br />1904 Main St. NW for the following reasons: <br />1. With limited encroachment and implementation of storm water <br />treatment features, the general purpose and intent of the ordinance <br />are met. <br />2. The property has a land use of residential and the use is consistent <br />with the Comprehensive Plan. <br />3. With limited encroachments and implementation of storm water <br />treatment features, the applicant proposed to use the property in a <br />reasonable manner. <br />4. The plight of the petitioner, shorter than required lot depth, is due <br />to circumstances unique to the property not a consequence of the <br />petitioner’s own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br /> <br />And with the following conditions: <br />1. House additions and deck shall be limited to the locations as <br /> shown on the exhibit dated 12/11/2019. <br /> 2. House additions and the deck shall not be closer than 30’ to the <br /> Ordinary High Water (OHW) mark. <br /> 3. The applicant shall work with city staff to implement necessary <br /> storm water treatment features. <br /> 4. No more than 25% of the subject parcel can be covered with <br /> impervious surfaces. <br /> 5. The existing and proposed improvement are required to meet <br /> Division 11. – Floodplain Management of the city ordinance. <br /> 6. The proposal must also meet all applicable Minnesota Department <br /> of Natural Resources and Federal Emergency Management Agency <br /> regulations for the 100-year floodplain. <br /> 7. If the existing home and foundation are removed, the variance shall <br /> become void. <br /> <br />