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Board of Adjustments Minutes Page 5 <br />May 24, 2022 <br />----------------------------- <br />3. The proposed use is reasonable and is permitted in the zoning <br />ordinance. <br />4. The plight of the petitioner is due to circumstances unique to the <br />property not a consequence of the petitioner's own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br />and with the following conditions: <br />1. Future off -premises signage (billboard) on the site shall be limited to 30 <br />feet tall and 300 squafe. <br />2. All required setbacks and standards shall otherwise comply with city <br />standards. <br />3. The property shall be re -zoned to C-3 Highway Commercial. <br />Motion carried 6-1 with Commissioner Mauren opposing. <br />Any appeals to this variance approval need to be turned in by June 3, 2022, to be <br />reviewed at the Monday, June 20, 2022, City Council meeting. <br />5.4 Karin Filip — 15488 Fillmore St. NW, Case No. V 22-07 <br />• Setback Variance to build a pool (20' river setback from the <br />Ordinance High Water Mark) <br />Mr. Leeseberg presented the staff report. He explained because the property is in the <br />Mississippi floodway, the applicant is required to complete a Letter of Map <br />Amendment (LOMA) through FEMA to determine if structures can be built in the <br />floodway. The city cannot approve the request, with or without a variance, a <br />structure in the floodway. <br />Chair Larson -Vito opened the public hearing. <br />Karen Filip, 15488 Fillmore St. NW, is the applicant and stated they had a <br />Certificate of Elevation completed stating the location would not be in the floodway. <br />She couldn't recall the year that it was completed. <br />Mr. Leeseberg indicated he had emailed her the most recent LOMA earlier today <br />which was completed in 2011. <br />There being no one else to speak, Chair Larson -Vito continued the public hearing to <br />the June 28, 2022, Planning Commission meeting. <br />6. Adjournment <br />There being no further business, Chair Larson -Vito adjourned the meeting of the <br />Elk River Board of Adjustments at 7:00 p.m. <br />PO1EAEA <br />N81 <br />AWVR <br />