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09-30-1997 BA MIN APPWOVELI • SPECIAL MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, SEPTEMBER 30, 1997 Members Present: Chair Anderson, Commissioners Cote, Minton, Sullivan and Thompson. Commissioner Kuester arrived at 6:45 p.m. Members Absent: Commissioner Mesich Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner; Debbie Kleckner, Recording Secretary .1 Cail Meetiria To.OYder, 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 °Cc nsicier9130/97 Beard of Adjuttrenfs.Agenda.,.3 COMMISSIONER MINTON MOVED TO APPROVE THE SEPTEMBER 30 1997 BOARD OF • ADJUSTMENTS AGENDA WITH THE FOLLOWING AMENDMENT: ITEM 5.2. - WITHDRAWN COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Goriside 4/22676oard o fAdt stni6nts Minutes'.,.,: COMMISSIONER MINTON MOVED TO APPROVE THE 7/22/97 BOARD OF ADJUSTMENTS MINUTES WITH THE FOLLOWING CORRECTIONS: ITEM 3.1. - PARAGRAPH 4, SECOND SENTENCE- CHANGE TO COMMISSIONER SULLIVAN ITEM 2. - WHERE COMMISSIONER'S NAME IS OMITTED, CHANGE TO "IT WAS MOVED AND SECONDED" COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4, Cons det,8/ 6197 ocir l ot;4di s#merits Min to .,;3". COMMISSIONER THOMPSON MOVED TO APPROVE THE 8/26/97 BOARD OF ADJUSTMENTS MINIUTES. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. • .1. . ' Gary and LvnnGodacz:Reauest:for Variance,Pul ii hearing Board of Adjustments Minutes September 30, 1997 Page 2 • _ W Gary and Lynn Godacz, 19764 York Street, have requested an 8 ft.side yard variance and 8 ft. front yard setback variance in order to add a garage and heated recreational area attached to their existing garage. Gary Godacz, 19764 York Street, applicant,indicated he needs the garage space for storage of 2 cars, a boat and a camper. The recreational space will be used for woodworking, equipment storage and training space for their children. Mr. Godacz explained that due to the unique orientation of their home, a steep hill in the back yard, a well in the front yard and extensive retaining walls and landscaping, the opportunities for expansion are limited. Commissioner Kuester arrived at this time(approximately 6:45 p.m.) Chair Anderson opened the public hearing. Phil Johnson, 19796 York Street, neighbor to the applicant, requested some type of a natural buffer be planted between his property and Mr. Godacz's, due to the close proximity of the proposed structure to his home. Commissioner Cote questioned how far Mr. Johnson's property would be from the proposed building. Mr. Johnson indicated his garage is 30-40 ft.from the property line. Commissioner Sullivan questioned if Mr. Johnson would be willing to work with Mr. Godacz on planting a buffer, rather than the Planning Commission placing conditions on the variance. Commissioner Sullivan questioned in Mr. Johnson would be willing to plant trees on his property to screen it. Mr. Johnson • indicated he would. Mr. Godacz indicated the distance from his garage to Mr. Johnson's is approximately 115 feet, and that he would be willing to plant some small pine trees and deciduous seedlings as a buffer, but he would not plant mature trees. There being no further public comment, Chair Anderson closed the public hearing. Commissioner Minton asked why the addition could not be built on the south side of the home. Mr. Godacz indicated there is a retaining wall and deck on the south side, as well as the septic system and a number of mature trees. Also, the utility box which serves 5 or 6 homes would need to be moved to get a driveway back to the garage. Commissioners Minton and Thompson expressed support for the request for buffering. Mr. Johnson indicated he would allow trees to planted on his property for buffering, since the five foot setback on Mr. Godacz's property would not accommodate any plantings. COMMISSIONER MINTON MOVED TO APPROVE THE REQUEST BY GARY AND LYNN GODACZ FOR A VARIANCE, PUBLIC HEARING CASE NO. V 97-11, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNNECESSARY • HARDSHIP IN THAT THE APPLICANT NEEDS THE STORAGE SPACE FOR 2 CARS, A CAMPER, A BOAT AND ATHLETIC EQUIPMENT. Board of Adjustments Minutes September 30, 1997 Page 3 • 2. THE HARDSHIP IS CAUSED BY CONDITIONS UNIQUE TO THIS LOT DUE TO ORIENTATION OF HOME, SLOPES, WELL LOCATION AND AMOUNT OF LANDSCAPING. 3. LITERAL APPLICATION OF THIS ORDINANCE WOULD DEPRIVE THE APPLICANTS OF RIGHTS ENJOYED BY NEIGHBORING PROPERTY OWNERS. 3. THE SPECIAL CIRCUMSTANCES ARE NOT A RESULT OF PETITIONERS' OWN ACTION(S) OR INACTION(S),AS THEY PURCHASED THE PROPERTY WITH THE HOUSE ALREADY BUILT. 4. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH,SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. THE NEAREST ADJACENT PROPERTY OWNER IS SCREENED FROM VIEW BY DISTANCE,TREES AND A GRADE CHANGE,AND THE ADJACENT PROPERTY OWNERS AND NEIGHBORS HAVE SIGNED A PETITION IN SUPPORT OF GRANTING THE VARIANCE. ALSO, THE PROPOSED ADDITION IS FAR SHORT OF THE 2,500 SQ. FT. OF GARAGE ALLOWED IN THE R1A ZONING DISTRICT; WITH THE CONDITION THAT SOME TYPE OF BUFFERING AGREEMENT BE NEGOTIATED BETWEEN Mr. GODACZ AND MR. JOHNSON AND APPROVED BY STAFF. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioners Cote and Sullivan opposed. • 5.3. Beaudry Oil Co./Weicht&Assoc: Request for Variance Public Heanng Case No V 97-12 Staff report by Steve Ach. Beaudry Oil Company and John Weicht&Associates are requesting a variance to the building setback and parking requirements to construct a canopy over the existing fuel pumps at 335 Lowell Avenue. Steve indicated staff supports the variance with three findings in the report. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. Commissioner Minton questioned Mr. Beaudry's future plans for the facility. Mr. Beaudry indicated he plans to operate the station long term. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION APPROVE THE REQUEST BY BEAUDRY OIL COMPANY AND WEICHT&ASSOC. FOR A VARIANCE, PUBLIC HEARING CASE NO. V 97-12, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT WOULD CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT WOULD NOT BE ABLE TO MAKE THE IMPROVEMENTS REQUESTED BY TEXACO THEREBY PRESUMABLY DAMAGING RELATIONS. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS PECULIAR TO THIS LOT • SUCH AS SIZE AND SHAPE,AND ORIENTATION TO THE HIGHWAY. Board of Adjustments Minutes September 30, 1997 Page 4 S 3. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD, AS THE FUEL PUMPS ALREADY EXIST IN THE PRESENT LOCATION AS DOES THE BUILDING AND PARKING LOTS. THE VARIANCE IS NECESSARY PURELY FOR IMPROVEMENTS. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.4. Central Lutheran Church Reau st:for Variance, Public Hearing Case No.,V:97 14 Staff report by Steve Ach. Central Lutheran Church is requesting a 7 foot variance to the 10 foot parking setback requirement along Lions Park Drive. Existing condition. Staff supports the variance request based on the five findings listed in the staff report. Commissioner Minton questioned if there was some type of agreement between the City and Central Lutheran for use of the park parking lot for overflow parking. Steve Ach indicated there is an understanding but there is no written agreement to his knowledge. Chair Anderson opened the public hearing. There being no comment from the public, Chair Anderson closed the public hearing. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY CENTRAL LUTHERAN CHURCH FOR A VARIANCE, • PUBLIC HEARING CASE NO. V 97-14, BASED ON THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, AND BASED ON THE FOLLOWING FINDINGS: 1. THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE AN UNDUE HARDSHIP UPON THE CHURCH BY REQUIRING THEIR PARKING AREA AND BUILDING PLANS TO BE ADJUSTED. 2. THE HARDSHIP CAUSED BY THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE PECULIAR TO PIECES OF PROPERTY WHICH MAY HAVE BEEN DEVELOPED UNDER PREVIOUS CODES AND ORDINANCES AND NOW ARE TRYING TO MEET THE INTENT OF THE ORDINANCE. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE CHURCH OF THE RIGHTS ENJOYED BY OTHER EXISTING FACILITIES THAT HAVE EXPANDED AND REQUIRED VARIANCES. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION. 5. THE VARIANCE IS ALONG A PROPERTY LINE WHICH, FOR THE MOST PART, ABUTS A PUBLIC PARK AND WOULD CAUSE NO ADVERSE AFFECT ON THE HEALTH, SAFETY OR WELFARE OF THE ADJACENT RESIDENTS. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5,5. John Paul Request for,Variance, Public Hearing Case No..V 97-15 Board of Adjustments Minutes September 30, 1997 Page 5 411 John Paul, 18714 Twin Lakes Road, has requested a variance to the maximum total square footage for accessory buildings and to the architectural standards for accessory buildings. The applicant proposes to construct 30'x36'steel sided addition to an existing detached garage. With the proposed addition, the applicant will exceed the maximum accessory building space by 1,368 sq. ft. Staff recommends denial of the request, as the applicant has not demonstrated he meets the criteria necessary to grant a variance. Chair Anderson opened the public hearing. John Paul, 18714 Twin Lakes Road, applicant, explained he uses 3/4 of the existing detached garage for woodworking. The addition would be used to store boats, snowmobiles, and other equipment. Mr. Paul indicated he has a five acre lot and did not feel the proposed building will be visible to neighbors. Mr. Paul stated several residences in the neighborhood have the same type of building. Mr. Paul felt the addition would benefit neighborhood since he would be able to store items currently stored outside. The existing detached structure has masonite siding and he proposes to match the color with steel siding on the proposed building. The applicant felt the drainage ditch and adjacent row of trees created a natural buffer on the west side, and did not feel the lowland on the other side of the ditch was suitable for home construction. He noted there is a natural buffer on the east side of the property as well. Mr. Paul submitted a written list of conditions in support the variance. Commissioner Minton did not feel he could support the variance since there was • no hardship. The applicant asked for a definition of hardship. Steve explained the metal buildings Mr. Paul was referring to were used for agricultural uses. Mr. Paul indicated there was also a Quonset building and Industrial Hardfacing's metal building in the neighborhood. Mr. Paul felt his request for a metal building was reasonable since the building would not be visible to neighboring residences. Commissioner Sullivan explained the ordinance prohibits metal buildings because of the potential for development in the area and due to the zoning. Steve Ach suggested Mr. Paul reconsider his request since he is currently requested twice what the ordinance allows. Chair Anderson suggested the applicant work with staff to downsize the request and the Board of Adjustments could waive the fees to reconsider his request. There being no other comments from the public, Chair Anderson closed the public hearing. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION DENY THE VARIANCE REQUEST BY JOHN PAUL, PUBLIC HEARING CASE NO. V 97-15, BASED ON THE FOLLOWING FINDINGS: 1. THE APPLICANT DID NOT SHOW THAT THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. Board of Adjustments Minutes September 30, 1997 Page 6 2. THE APPLICANT DID NOT SHOW THAT 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 APPLICANT DID NOT SHOW THAT ANY SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. Commissioner Kuester explained the Planning Commission has had similar requests which were denied, and felt she could not support the variance in order to be consistent. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Other Business„ Steve Ach suggested staff review the section of the ordinance related to accessory structure area for possible modification. 7. Adjournment There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Board of Adjustments adjourned at 7:23 p.m. Respectfully submitted, Debbie Kleckner Recording Secretary