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(i) The petitioner proposes to use the property in a reasonable manner not <br />permitted by the zoning ordinance; <br />While the size of the Water -Oriented Structure exceeds the allowed <br />amount, the overall amount of accessory structure square footage is not <br />exceeded. <br />(2) The plight of the petitioner is due to circumstances unique to the <br />property not a consequence of the petition's own action or inaction; and <br />The unique circumstances are topography, wetlands, and the distance <br />from the lake to buildable areas on the property is a great distance. <br />(3) The variance, if granted, will not alter the essential character of the <br />locality. <br />The proposed structure would not alter the essential character of the <br />area as there are other water -oriented structures on the lake. <br />2. Taking into consideration all the testimony and evidence received, including <br />statements from the applicant, staff reports, and the findings of the Board of <br />Adjustments, the City Council finds that the Applicant's proposal meets the intent <br />of the ordinance and would not alter the essential character of the locale. <br />DECISION <br />NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK <br />RIVER, MINNESOTA, based upon the information received and the above Findings, the <br />City Council of the City of Elk River hereby approves the Variance Application V 25-18 to <br />exceed the allowed square footage of a Water -Oriented Structure at 13640 Island View <br />Dr NW, Elk River NW, Elk River, MN. <br />Passed and adopted this 201h day of January 2026. <br />YDietz ayor <br />ATTEST: <br />�k <br />Jolen Ri ter, Deputy Clerk <br />p I V E I t I 11 <br />NATURE <br />