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WHEREAS, the Applicant and all others wishing to speak were given the <br />opportunity to present testimony to the Board of Adjustments and City Council; and <br />WHEREAS, the City Council, at the conclusion of its December 15, 2024, public <br />hearing on the Application, directed staff to prepare a resolution making findings of <br />fact denying the Application as the request does not satisfy City Code § 30-635 (c) <br />(2), required for issuance of a variance. <br />NOW, THEREFORE, the City Council of the City of Elk River make the following: <br />FINDINGS <br />1. The Application requested a variance to allow construction of 2.0 parking <br />stalls per residential unit. <br />2. The request is below the 2 �h parking stalls per residential unit for multifamily <br />projects required in § 30-903 (2) (a). <br />City Code § 30-903. Minimum number of parking spaces. (2) Dwellings: <br />a. Multiple -family dwelling, including attached townhouses over two units <br />and townhomes: 2Y2 parking spaces per dwelling unit, one space of which <br />must be completely enclosed. <br />3. The Application also requested a variance to allow a portion of the <br />multifamily building to encroach up to six feet into the 20-foot wetland buffer <br />setback. <br />4. City Code § 30-1852 (b) prohibits principal structures and all other <br />impervious surfaces within the wetland buffer setback. <br />City Code § 30-1852. - Performance standards. <br />(b) Wetland buffer strip setback. A minimum 20-foot setback from wetland <br />buffer strips is hereby established by the city. <br />i. No principle or accessory structures, patios, paving, or other <br />impervious surface shall be located within this setback. <br />5. Upon reviewing the Application and receiving testimony during the <br />December 15, 2025, public hearing, the City Council found that the plight is <br />due to the Applicant's action. Furthermore, the property can be reasonably <br />used without a reduction to the parking requirements in Sec. 30-903 or <br />reducing the wetland buffer setback noted in Sec. 30-1852. <br />6. The Applicant's statement that the existing ingress/egress easement limits <br />the development potential of the property, requiring approval of the <br />INATUREJ <br />