5.1 BAM 02-24-2015 DRAFTDRAFT
Meeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, February 24, 2015
Members Present: Chair Eric Johnson, Commissioners Jeremy Johnson, Jill Larson -Vito, Mark
Konietzko and Thomas Petschl
Members Absent: Commissioners Andrew Cook and Mike Keller
Staff Present: Park Planner /Planner Chris Leeseberg, Planner Zack Carlton, and City Clerk
Tina Allard
1. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River Board of Adjustments
was called to order at 6:30 p.m. by Chair Johnson.
2. Pledge of Allegiance
The Pledge of Allegience was recited.
3. Consider 02/24/15 Agenda
Moved by Commissioner Johnson and seconded by Commissioner Konietzko to
approve the February 24, 2015 Board of Adjustments agenda. Motion carried 5 -0.
4.1 Request by Dave /Denise Langlais for 13 ft. Front Yard Setback Variance,
12880 196"' Lane NW, Case No. V 15 -03 — Public Hearing
Mr. Leeseberg presented the staff report.
Chair Johnson opened the public hearing.
Jesse Hartung, Modern Construction, 621 Main Street, stated he is the builder for the
landowners and he would like an additional 1 -2 feet (from the 13 foot front yard setback as
proposed in the staff report) for wiggle room for the final house plan. He stated the variance
should be granted because the Comprehensive Plan allows setback variances in order to
support green building techniques, which he will be utilizing on this house build.
Chair Johnson closed the public hearing.
Chair Johnson noted the Commission is required to deny the variance if any of the five
criteria for a variance, as outlined in city code are not met. He stated he has an issue with
Criteria #4 because the setbacks have not been changed since the applicant has been the
owner of the property and the applicant is not prevented from building a different style of
home. He further noted there are no homeowner association restrictions that would prevent
the applicant from building another style of a home.
Commissioner Petschl concurred.
Commissioner Larson -Vito concurred and further expressed concern about setting
precedent for future variances.
Mr. Hartung stated Criteria #4 may not meet the variance requirements clearly but it sets a
great precedence that the city is willing to allow a variance for this type of house because of
the green building and the city supporting environmentally friendly housing and being
powered by nature. He stated this corner lot is not squared off like other corner lots in the
plat.
Mr. Hartung explained some of the restrictions in place by the development and noted the
road was not paved when the lot was purchased. He referred back to the Comprehensive
Plan which states the Commission has administrative flexibility for variances if certain green
building techniques are utilized.
Commissioner Konietzko stated he believes all 5 requirements for the variance are being met
and there seems to be no objections from the neighborhood.
Commissioner Johnson concurred and felt there is a unique shape to the lot.
The Commission reviewed the other lots in the Prestigious Woodland Hills plat. It was
noted there is one area with three lots that were combined.
Commissioner Konietzko stated any of the lots in this development would be a challenge to
build upon.
Chair Johnson stated he would be comfortable with Criteria #4 if the 13 foot setback
remains in place.
Moved by Commissioner Johnson and seconded by Commissioner Konietzko to
approve Variance, Case No. V 15 -03, for a 13 foot front yard variance setback in order
to construct a new single- family dwelling. Motion carried 3 -2. Commissioners Petschl
and Eric Johnson opposed.
S. General Business
There was no general business.
6. Announcements
There were no announcements.
7. Adjournment
There being no further business, Chair Eric Johnson adjourned the meeting of the Elk River
Board of Adjustments at 6:59 p.m.
Eric Johnson
Planning Commission Chair
Tina Allard, City Clerk