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08-26-1997 BA MIN LIPPnowEil • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 26, 1997 Members Present: Chair Anderson, Commissioners Cote, Kuester, Mesich, Minton, Sullivan and Thompson Members Absent: None Staff Present: Scott Harlicker, Assistant Planner;Terry Maurer, City Engineer; Debbie Kleckner, Recording Secretary all 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 8/26/97 Board of,Adjustments Agenda ;,,;': COMMISSIONER THOMPSON MOVED TO APPROVE THE AUGUST 26, 1997 BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER MINTON SECONDED THE MOTION. THE • MOTION CARRIED 7-0. 41 Grea Peferson Request for Valance,Public'Hearing Case No.V 974; Staff report by Scott Harlicker. Greg Peterson has requested a variance to the maximum area for accessory buildings. The subject property is located at 14270 191St Avenue, Lot 13, Block 1 ,Village Estates. The applicant proposes to construct a 30'x 40' (1,200 sq. ft.) detached garage which would exceed the maximum area allowed by 768 sq.ft. Chair Anderson opened the public hearing. Greg Peterson, applicant,stated he would like to use the proposed building for storage and for his hobbies. He submitted pictures of his neighbor's garage which is very similar to the one he is proposing to build. There being no other comments from the public, Chair Anderson closed the public hearing. Scott noted the applicant submitted a petition from his neighbors supporting the proposal for the garage. COMMISSIONER MINTON MOVED TO DENY THE REQUEST FOR VARIANCE BY GREG PETERSON, PUBLIC HEARING CASE NO. V 97-6 BASED ON THE FINDING THAT THE • REQUEST DOES NOT MEET THE FIVE CONDITIONS FOR GRANTING A VARIANCE. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-1. Commissioner Mesich opposed. Board of Adjustments Meeting Minutes August 26, 1997 Page 2 4,2. Neil Buelowi Reauest for Setback Variance, Public Hearing Case No. V 97-7 Staff report by Scott Harlicker. Neil Buelow is requesting a 6 foot variance to the 100 foot setback requirement for the Mississippi River in order to construct a 3- season porch. The property is located at 9988 153rd Avenue. Staff recommends approval based on the findings in the staff report. Neil Buelow, applicant, indicated the proposed 3-season porch would be less obtrusive to the neighboring residences than the suggested alternative. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER COTE MOVED APPROVAL OF THE VARIANCE REQUEST BY NEIL BUELOW, PUBLIC HEARING CASE NO. V 97-7, WITH THE FOLLOWING CONDITION: 1. THAT THE APPLICANT HOLD THE CITY HARMLESS IF THE PROPERTY IS FLOODED AS RESULT OF THE ENCROACHMENT. APPROVAL IS BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY HARDSHIP BY NOT ALLOWING THE APPLICANTS TO CONSTRUCT A PORCH IN A REASONABLE LOCATION ON THE PARCEL. • 2. SPECIAL CONDITIONS SUCH AS SIZE AND SHAPE OF THE LOT AND ORIENTATION OF THE RIVER ARE PECULIAR TO THIS PARTICULAR LOT. 3. LITERAL APPLICATION OF THIS ORDINANCE WOULD DEPRIVE THE APPLICANTS OF RIGHTS ENJOYED BY NEIGHBORING PROPERTY OWNERS,MANY OF WHOM CURRENTLY OWN STRUCTURES SET BACK A SIMILAR DISTANCE, AND IN SOME CASES CLOSER TO THE ORDINARY HIGH WATERMARK THAN THE APPLICANTS' EXISTING HOME. 4. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONERS' ACTION BUT DUE TO THE CONSTRUCTION OF THE HOME BY PREVIOUS OWNERS. 5. GRANTING OF THIS VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED,AS OTHER HOMES IN THE AREA ARE SET BACK A SIMILAR DISTANCE FROM THE RIVER. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4.3. Mark and Penny Leadens Reauest for Variance, Public Hearing Case No.,V,97-8 Staff report by Scott Harlicker. Mark and Penny Leadens have requested a 10 foot variance to the required 30 foot front yard setback. The subject property is located at 1918 Vale Avenue; Lot 4, Block 1, Meadowvale Oaks. The applicants 110 would like to build a garage addition and convert the existing garage to living space. The proposed garage addition would encroach 10 feet into the 30 foot Board of Adjustments Meeting Minutes August 26, 1997 Page 3 • front yard setback. Staff recommends approval of the request based on the five findings in the staff report. Commissioner Minton questioned where the new driveway would be. Scott explained the layout. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. Mark Leadens, applicant, explained the reasons for his request. Commissioner Minton questioned why garage addition could not be perpendicular to the house and why the existing driveway could not be used. Mr. Leadens explained that the angle of approach would be too severe. The Planning Commissioners discussed alternatives for placement for the addition. Steve Stewart, Ogden Street resident, expressed his support for the request. COMMISSIONER THOMPSON MOVED APPROVAL OF THE VARIANCE REQUEST BY MARK AND PENNY LEADENS, PUBLIC HEARING CASE NO. V 97-7, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT BY NOT ALLOWING THE 10 FOOT VARIANCE, EITHER THE ADDITION WOULD HAVE TO BE CONSTRUCTED IN A LESS COST EFFECTIVE MANNER OR THE APPLICANT WILL BE FORCED TO RELOCATE. 2. THE LOCATION OF THE HOUSE IN THE NORTHWEST CORNER OF THE PROPERTY PROHIBITS THE CONSTRUCT OF AN ADDITION IN ANY LOCATION EXCEPT OFF OF THE SOUTH SIDE OF THE EXISTING GARAGE.THE HOUSE WAS IN THIS LOCATION WHEN IT WAS PURCHASED BY THE APPLICANT. 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 BECAUSE OTHER HOUSES IN THE AREA ARE MORE CENTRALLY LOCATED ON THEIR LOT AND HAVE ROOM FOR EXPANSIONS. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. 5. 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. LANDSCAPING AND DESIGN FEATURES CAN BE USED TO SOFTEN THE VISUAL IMPACTS ON THE NEIGHBORHOOD. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4.4 Tim Smith Reauest for Variance. Public Hearing Case No,V 97 Board of Adjustments Meeting Minutes August 26, 1997 Page 5 • AND,THE PLANNING COMMISSION RECOMMENDS THE VARIANCE APPLICATION FEES BE APPLIED TOWARD A REZONING APPLICATION, IF THE APPLICANT CHOOSES TO PROCEED WITH SUCH A REQUEST. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4.5. Barry Brooks Request for Variance, Public Hearing Case No V 97-10 Scott indicated Barry Brooks, 19215 Tyler Street, has requested a variance to allow more than 2 detached accessory structures and to exceed the maximum square feet allowed for accessory structures by 2,232 square feet. Approval of Mr. Brooks' request would allow the construction of a 60' x 30' greenhouse. This request came as a result of a complaint by a neighbor who was concerned the applicant would be operating a commercial greenhouse business. Chair Anderson opened the public hearing. Barry Brooks, applicant, indicated the greenhouse will only be used for growing plants and there will be no on-site sales. Mr. Brooks indicated he has spoken with his neighbors and only one neighbor has expressed an objection. Marcia Moen, 19227 Tyler Street, expressed her objection to the greenhouse. Ms. Moen stated she would like the neighborhood to remain residential only and felt the placement of the greenhouse affected her view. The applicant indicated a new home is under construction which will be located between Ms. Moen's property and the greenhouse. Discussion followed regarding whether the greenhouse should be considered a temporary structure or a permanent structure. It was the consensus of the Commissioners and staff it should be considered permanent, since the poles would be cemented in place, and would be served by water and electricity. COMMISSIONER SULLIVAN MOVED APPROVAL OF THE VARIANCE REQUEST BY BARRY BROOKS, PUBLIC HEARING CASE NO. V 97-10, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT NEEDS THE GREENHOUSE TO HAVE A SUCCESSFUL OPERATION. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS IN THE SAME AREA. BECAUSE THE SIZE OF THE LOT IS SUCH THAT THE APPLICANT COULD NOT BREAK EVEN WITHOUT THE GREENHOUSE 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.THERE ARE OTHER AGRICULTURAL USES IN THE AREA, Board of Adjustments Meeting Minutes August 26, 1997 Page 6 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.THE APPLICANT BOUGHT THE PROPERTY BELIEVING THAT NO VARIANCE WOULD BE NEEDED FOR THE GREENHOUSE. 5. 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 GREENHOUSE SHOULD NOT BE VISIBLE FROM THE ROAD AND WOULD NOT BE OUT OF CHARACTER WITH THE NEIGHBORHOOD. COMMISSIONER COTE SECON DED THE MO TION. THE MOTION CARRIED 4-3. Commissioners opposed. i n r Mesich, Minton and Kuester o osed. 6. Adjournment. There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Board of Adjustments adjourned a 7:50 p.m. Respectfully submitted, e,fifice. Debbie Kleckner Recording Secretary S