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• MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, APRIL 22, 1997
Members Present: Chair Anderson, Commissioners Cote, Kuester, Mesich, Minton,
and Thompson
Members Absent: Commissioner Sullivan
Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner;
Steve Rohlf, Building &Zoning Administrator; Debbie Kleckner,
Recording Secretary
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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.
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COMMISSIONER MINTON MOVED TO APPROVE THE APRIL 22, 1997 BOARD OF
III ADJUSTMENTS AGENDA. COMMISSIONER THOMPSON SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
3.1, est -. . Fro d for Vari•n e to •lfow more a 4 500 10 f ss
Staff report by Scott Harlicker. Dan Frojd, 22362 Jarvis Street, has requested a
2,687 sq. ft.variance to the 4,500 sq. ft. maximum allowed for accessory buildings.
The variance will allow the replacement of a deteriorated garage with a larger
metal building. Scott noted the applicant would still need a variance to replace
the garage with a structure the same size,since he already exceeds the
maximum for accessory structures. Staff recommended denial based on the
findings in the staff report.
Chair Anderson opened the public hearing. There being no comments from the
public, Chair Anderson closed the public hearing.
COMMISSIONER MINTON MOVED THE BOARD OF ADJUSTMENTS DENY THE REQUEST
BY DAN FROJD FOR A VARIANCE, PUBLIC HEARING CASE NO. V 97-1, BASED ON THE
FOLLOWING FINDINGS:
1. THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE
HARDSHIP IN THAT THE APPLICANT CURRENTLY EXCEEDS 4500 SQUARE FOOT
MAXIMUM ALLOWED FOR ACCESSORY STRUCTURES BY 2081 SQUARE FEET.
• 2. THE APPLICANT MUST SHOW THAT THE SPECIAL CONDITIONS AND
CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN
Board of Adjustments Minutes
April 22, 1997
Page 2
• ACTION OR INACTION. IN THIS CASE IT IS THE APPLICANT'S CHOICE NOT TO
MAINTAIN THE EXISTING GARAGE BUT TO REPLACE WITH A LARGER
BUILDING. IT IS HIS DECISION TO REPLACE THE EXISTING GARAGE WITH A
LARGER BUILDING THAT IS TRIGGERING THE NEED FOR A VARIANCE.
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 APPLICANT HAS
FAILED TO SHOW THAT HE WILL BE DENIED RIGHTS ENJOYED BY OTHER
PROPERTIES IN THE AREA IF HE IS UNABLE TO REPLACE THE EXITING GARAGE
WILL A LARGER BUILDING.
4. THE APPLICANT COULD MAINTAIN THE EXISTING GARAGE WITHOUT THE NEED
FOR A VARIANCE.
COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Steve Ach noted this request will automatically be forwarded to the City Council
for appeal at the May 19th City Council meeting.
3 2�5„. Request by 1 Scoff LaPlannte for Variorce to Rear and et c ck eub Imo, a
Staff report by Scott Harlicker. Scott LaPlante, 13104 180th Lane NW, has
requested a 5 foot variance to the required 20 foot rear yard setback in order to
• construct a 14' x 14' porch. When the home was constructed, the minimum rear
yard setback was 10' but was later increased to 20'.
Chair Anderson opened the public hearing. There being no comments from the
public, Chair Anderson closed the public hearing.
COMMISSIONER MINTON MOVED APPROVAL OF THE REQUEST BY SCOTT LAPLANTE
FOR A FIVE FOOT REAR YARD SETBACK VARIANCE, PUBLIC HEARING CASE NO. V 97-
2, BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP
IN THAT THE HOUSE WAS CONSTRUCTED WHEN THE REAR YARD SETBACK WAS
10 FEET.THE HOUSE WAS SETBACK FURTHER THAN IT HAD TO BE AND COULD
HAVE COMPLIED WITH THE REAR SETBACK REQUIREMENTS APPLICABLE AT THE
TIME THE HOUSE WAS CONSTRUCTED. IF THE HOUSE WAS BUILT AT THE
MINIMUM FRONT YARD SETBACK,THE HOME, INCLUDING THE PROPOSED
DECK, COULD MEET THE REAR YARD SETBACK CURRENTLY IN EFFECT.
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.THE PROBLEM IS PECULIAR TO THIS LOT IN
THAT THE OTHER HOMES ON THIS CUL DE SAC THAT HAVE DECKS HAD THE
DECKS CONSTRUCTED AT THE TIME THE HOME WAS BUILT AND WERE BUILT ON
LOTS THAT ARE DEEPER THAN THE APPLICANT'S.
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Board of Adjustments Minutes
April22, 1997
Page 3
• 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. OF THE 7 OTHER
HOMES ON THIS CUL DE SAC, 6 OF THEM HAVE DECKS/PORCHES ATTACHED
TO THE REAR OF THE HOUSE.
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.THE
HOUSE WAS LOCATED ON THE LOT IN SUCH A WAY THAT IT WOULD COMPLY
WITH THE SETBACK REQUIREMENTS IN EFFECT AT THE TIME THE HOUSE WAS
CONSTRUCTED. AFTER THE HOME WAS CONSTRUCTED,THE CITY INCREASED
THE REAR YARD SETBACK.
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 COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0.
3 �" • y L&4tas rt d Ll*pity C fore lance it cturat tQndcrO an
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Staff report by Steve Ach. L&W Limited Liability Company has requested a
• variance to the commercial architectural standards and the 10 foot parking
setback requirement. Commercial performance standards require 75%of
approved materials and the building as proposed has approximately 20%of the
approved materials. The required 10 foot parking setback was approved on the
site plan two years ago and staff feels conditions have not changed to justify a
variance.
Chair Anderson opened the public hearing.
Paul Bell, owner of the Bridgeman's Restaurant at 17323 Highway 10, explained
problems with a drainfield easement between his property and the L&W site.
Steve Ach noted resolving of the easement issues could be addressed as a
condition for approval of the conditional use permit.
There being no further comments from the public, Chair Anderson closed the
public hearing.
Commissioner Kuester felt the architectural standards for the west side of the
proposed building facing the adjacent restaurant should be upgraded and
additional overstory trees be required as a buffer between the two buildings.
Commissioner Mesich and Chair Anderson expressed their agreement the style of
the proposed building could be similar to the existing structure, but felt the
commercial architectural standards should be applied to the building exterior.
The Board discussed the Comprehensive Plan's goals to enhance the standards
• along east Highway 10. Therefore, they felt the building should meet the current
architectural standards.
Board of Adjustments Minutes
April 22, 1997
Page 4
IIICOMMISSIONER MESICH MOVED THE BOARD OF ADJUSTMENTS DENY THE REQUEST
BY L&W LIMITED LIABILITY FOR A VARIANCE TO THE ARCHITECTURAL STANDARDS
AND,TO DENY THE REQUEST FOR A 7 FOOT VARIANCE TO THE 10 FOOT PARKING
SETBACK REQUIREMENT BASED ON THE FOLLOWING FINDINGS:
1. THE PREVIOUS APPROVED PLANS INDICATED THE 10' PARKING SETBACK MUST
BE MET AS PART OF THE UPGRADING OF THE PARKING LOT.
2. THERE ARE NO SPECIAL CONDITIONS OR CIRCUMSTANCES ON SITE WHICH
WOULD PREVENT THE PARKING SETBACK FROM BEING ESTABLISHED.
3. THE APPLICANT WOULD NOT BE DEPRIVED ANY REASONABLE USE OF THE
PROPERTY IF THE PARKING SETBACK IS MAINTAINED.
4. OTHER PROPERTIES MAKING SIMILAR EXPANSION ARE REQUIRED TO MEET THE
10 FOOT SETBACK REQUIREMENTS.
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
This request will automatically be forwarded to the City Council for appeal at the
May 19th City Council meeting.
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III 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 7:00 p.m.
Res ectfully submitted,
JAE
Debbie Kleckner
Recording Secretary
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