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10-28-1997 BA MIN AppErawEii • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 28, 1997 Members Present: Chair Anderson, Commissioners Mesich, Minton, Sullivan and Thompson. Commissioner Cote arrived at 6:38 p.m. Commissioner Kuester arrived at 6:40 p.m. Members Absent: None Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner; Debbie Kleckner, Recording Secretary 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 Anderson. 2. Consider 10/28/97 Board of Adjustments Agenda COMMISSIONER MINTON MOVED TO APPROVE THE OCTOBER 28, 1997 BOARD OF • ADJUSTMENTS AGENDA. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 9/30/97 Bard of Adjustments.Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE SEPTEMBER 30, 1997, BOARD OF ADJUSTMENTS MINUTES AS AMENDED. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Commissioner Mesich abstained. 4.1. David Tollefson Request for Variance Public Hearing Case No.V 97-16:, Staff report by Scott Harlicker. David Tollefson, 17713 Cleveland Street, is requesting a 15 foot variance to the required 20 foot side yard setback in order to construct a 24'x27' detached garage. Staff recommends denial of the variance based on the findings in the staff report. Chair Anderson opened the public hearing. David Tollefson, 17713 Cleveland Street, applicant, explained his reasons for the request. He presented pictures of the property indicating the location of the proposed building. He stated he approached his neighbor to purchase additional property but was not able to meet their price. The proposed building will be used for storage of a boat and other personal property. There being no comments from the public, Chair Anderson closed the public • hearing. Board of Adjustments Minutes October 28, 1997 Page 2 • COMMISSIONER THOMPSON MOVED DENIAL THE REQUEST BY DAVID TOLLEFSON FOR A VARIANCE, PUBLIC HEARING CASE NO. V 97-16, BASED ON THE FOLLOWING FINDINGS: 1. THE APPLICANT DID NOT SHOW THAT THE LITERAL ENFORCEMENT OF THE VARIANCE WOULD CAUSE UNDUE HARDSHIP. 2. THE LITERAL APPLICATION OF THE ORDINANCE WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE NEIGHBORHOOD. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-1. Commissioner Mesich opposed. 4.2, Art Johnson Request for Variance, Public Hearing Case No V 97-17 Art and Deborah Johnson, 9956 153rd Avenue NW, have requested a 23 foot front setback variance in order to build a 24'x30' detached garage. Chair Anderson opened the public hearing. Art Johnson, applicant, distributed photos of his property. He reviewed his reasons for the request as explained in his letter attached to the staff report. Mr. Johnson felt the proposed location of the garage would be the least obtrusive to the neighborhood. He noted the new garage would be accessed from the existing • driveway. There being no other comments from the public, Chair Anderson closed the public hearing. The Commissioners discussed other alternatives for locating the proposed garage. Mr. Johnson was opposed to the suggested proposed by the Commission and staff. COMMISSIONER MINTON MOVED DENIAL OF THE VARIANCE REQUEST BY ART AND DEBORAH JOHNSON, PUBLIC HEARING CASE NO. V 97-17, BASED ON THE FACT THERE WAS NO HARSHIP. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 43. Janice Olson Request for Variance, Public Hearing Case No V 97-18 Staff report by Scott Harlicker. Janice Olson is requesting a 20' front yard setback variance from 6th Street in order to construct a new home in the same location as her existing home. The proposed new home will not be any closer to the street than the existing home. Staff supports granting the variance based on the findings in the staff report. Chair Anderson opened the public hearing. Janice Olson,538 Jackson Avenue, applicant,was present to answer questions. • Board of Adjustments Minutes October 28, 1997 Page 3 . There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MINTON MOVED APPROVAL OF THE VARIANCE REQUEST BY JANICE OLSON, PUBLIC HEARING CASE NO. V 97-18, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT THE BY REQUIRING THE APPLICANT TO COMPLY WITH THE EXISTING FRONT YARD SETBACK THE APPLICANT WILL ONLY BE ABLE TO CONSTRUCT A 26 FOOT WIDE HOUSE. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. OTHER PROPERTIES IN THE NEIGHBORHOOD HAVE SIMILAR SETBACKS AS THE ONE REQUESTED BY THE APPLICANT. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.THE NEED TO REPLACE THE HOUSE AND FOUNDATION IS DUE TO AGE OF THE STRUCTURE AND WAS NOT CAUSED BY ANYTHING THE APPLICANT DID OR DID NOT DO. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL IN KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4:4, E& 0 Tool :Plastics Reauest for Variance, Publi :Hearing Case..No V.97-19; Staff report by Steve Ach. E & 0 Tool and Plastics is requesting a 6 foot variance to the parking and driveway setback to expand their existing driveway in conjunction with a building addition. Steve explained the proposed location of the addition. Staff recommends approval based on the findings in the staff report. Commissioner Cote questioned whether there might be any drainage problems. Chair Anderson opened the public hearing.There being no comments from the public, Chair Anderson closed the public hearing. Commissioner Kuester questioned the lack of green space on the site. Steve explained E & 0 Tool is considering expanding the green space east of the building, adjacent to Industrial Boulevard, but they do not want to lose any of the parking stalls in that location. Board of Adjustments Minutes October 28, 1997 Page 4 410 COMMISSIONER MINTON MOVED APPROVAL OF THE VARIANCE REQUEST BY E& 0 TOOL AND PLASTICS, PUBLIC HEARING CASE NO. V 97-19, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL PREVENT THE EXTENSION OF A DRIVEWAY WHICH IS ALREADY BUILT IN SOME LOCATIONS CLOSER TO THE PROPERTY LINE THAN THE ORDINANCE ALLOWS. 2. THE SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THIS PROPERTY RELATE TO THE PREVIOUS STANDARDS UNDER WHICH THE BUILDING WAS BUILT AND PORTIONS OF THE DRIVEWAY INSTALLED. 3. LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES WITH SIMILAR CIRCUMSTANCES WHERE PARKING AND DRIVEWAYS WERE BUILT CLOSER TO THE PROPERTY LINE AND THEN REQUESTED TO BE EXPANDED. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONERS ACTION OR INACTION. 5. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE ADJACENT BUSINESSES AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6. Adjournment There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. he meeting of the Elk River Board of Adjustments adjourned at 7:20 p.m. Respectfully submitted, /1)111(1V1 Debbie Kleckner Recording Secretary