05-27-1997 BA MIN MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, MAY 27, 1997
Members Present: Commissioners Cote, Kuester, Mesich, Minton, and Thompson
Members Absent: Chair Anderson and Commissioner Sullivan
Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner;
Debbie Kleckner, Recording Secretary
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 Commissioner Thompson.
COMMISSIONER MINTON MOVED TO APPOINT COMMISSIONER THOMPSON ACTING
CHAIRPERSON. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION
CARRIED 4-0-1. COMMISSIONER THOMPSON ABSTAINED.
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COMMISSIONER MINTON MOVED TO APPROVE THE MAY 27, 1997 BOARD OF
ADJUSTMENTS AGENDA. COMMISSIONER MESICH SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
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COMMISSIONER MINTON MOVED TO AMEND THE APRIL 222 1997 BOARD OF
ADJUSTMENTS MINUTES. COMMISSIONER MESICH SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
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Case No, V
Michael Cloutier has requested a 2 foot variance to the required 5 foot side yard
setback to allow the reconstruction of his snow damaged detached garage.
Chair Thompson opened the public hearing. There being no comments from the
public, Chair Thompson closed the public hearing.
COMMISSIONER KUESTER MOVED APPROVAL OF THE VARIANCE REQUEST BY
MICHAEL CLOUTIER, PUBLIC HEARING CASE NO. V 97-4, BASED ON THE FOLLOWING
FINDINGS:
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Board of Adjustments Minutes
May 27, 1997
Page 2
Ill ~Y� 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP
IN THAT THE BY REQUIRING THE APPLICANT TO COMPLY WITH THE EXISTING
SIDE YARD SETBACK THE APPLICANT WILL HAVE TO EXCAVATE INTO THE
HILLSIDE, REMOVE A PORTION OF THEIR PATIO AND DEMOLISH PART OF THE
EXISTING GARAGE FOUNDATION.
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.THE NEIGHBORING
PROPERTY HAS A GARAGE WITH A SIMILAR SETBACK 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
GARAGE'S COLLAPSE WAS CAUSED BY THE HARSH WINTER 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
0 WITH SPIRIT AND INTENT OF THE ORDINANCE.
COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0.
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There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE
MEETING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED
5-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:40 p.m.
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Res ectfully submitted,
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Debbie Kleckner
Recording Secretary
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