4.1. BOA DRAFT MINUTES 06-28-2022

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Board of Adjustments Minutes Page 5 May 24, 2022 ----------------------------- 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner’s own action or inaction. 5. The variance will not alter the essential character of the locality. and with the following conditions: 1. Future off-premises signage (billboard) on the site shall be limited to 30 feet tall and 300 square. 2. All required setbacks and standards shall otherwise comply with city standards. 3. The property shall be re-zoned to C-3 Highway Commercial. Motion carried 6-1 with Commissioner Mauren opposing. Any appeals to this variance approval need to be turned in by June 3, 2022, to be reviewed at the Monday, June 20, 2022, City Council meeting. 5.4 Karin Filip – 15488 Fillmore St. NW, Case No. V 22-07  Setback Variance to build a pool (20’ river setback from the Ordinance High Water Mark) Mr. Leeseberg presented the staff report. He explained because the property is in the Mississippi floodway, the applicant is required to complete a Letter of Map Amendment (LOMA) through FEMA to determine if structures can be built in the floodway. The city cannot approve the request, with or without a variance, a structure in the floodway. Chair Larson-Vito opened the public hearing. Karen Filip, 15488 Fillmore St. NW, is the applicant and stated they had a Certificate of Elevation completed stating the location would not be in the floodway. She couldn’t recall the year that it was completed. Mr. Leeseberg indicated he had emailed her the most recent LOMA earlier today which was completed in 2011. There being no one else to speak, Chair Larson-Vito continued the public hearing to the June 28, 2022, Planning Commission meeting. 6. Adjournment There being no further business, Chair Larson-Vito adjourned the meeting of the Elk River Board of Adjustments at 7:00 p.m.