10-27-1998 BA MIN DRAFT
• MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, OCTOBER 27, 1998
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Members Present: Chair Mesich, Commissioners Chambers, Cote, Kuester, Morris,
and Thompson. Commissioner Schuster arrived at 6:35 p.m.
Members Absent: None
Staff Present: Scott Harlicker, Assistant Planner; Steve Wensman, Planner; Debbie
Huebner, 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 Mesich.
2. Consider 10/27/98 Board of Adjustments Agenda
• COMMISSIONER COTE MOVED TO APPROVE THE OCTOBER 27, 1998, BOARD OF
ADJUSTMENTS AGENDA. COMMISSIONER THOMPSON SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
2. Consider 9/29/98 Board of Adjustments Minutes
COMMISSIONER THOMPSON TO APPROVE THE SEPTEMBER 29, 1998, BOARD OF
ADJUSTMENTS MINUTES. COMMISSIONER COTE SECONDED THE MOTION. THE
MOTION CARRIED 5-0-1. CHAIR MESICH ABSTAINED.
4.1. Request by Rich and Tammi Schmidt for Side Yard Setback Variance, Public
Hearing Case No. V 98-12
Staff report by Steve Wensman. Rich and Tammi Schmidt, 11265 192nd Avenue
have requested a 5 ft. side yard setback variance from the 10 ft. required
setback in order to construct a deck 12 ft. deep by 29' wide. Since the home is
located 17'4" from the property line, the ordinance only allows them to construct
a 7 ft. deep deck. Steve noted that the side yard setback in Deerfield 3rd
Addition was changed in 1996 from 5 ft. to 10 ft. , before the applicant purchased
the home. Steve reviewed the findings for granting a variance and explained
why four of the five criteria cannot be met. Staff recommended denial of the
variance request.
Chair Mesich opened the public hearing.
Rich Schmidt, applicant, asked if the deck were not attached to the house, could
he build it 1 ft. high off the ground with a 5 ft. setback. Steve indicated that the
Board of Adjustments Minutes
October 27, 1998
Page 2
• deck would be considered a structure and would then need to be placed 5 feet
away from the house. Steve suggested the applicant construct a concrete or
brick patio, which could be placed 5 ft. from the property line.
There being no one else wishing to speak on this issue, Chair Mesich closed the
public hearing.
COMMISSIONER TOMPSON MOVED DENIAL OF THE SIDE YARD SETBACK VARIANCE
REQUESTED BY RICH AND TAMMI SCHMIDT, PUBLIC HEARING CASE NO. V 98-12,
BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE HARDSHIP
BECAUSE THE APPLICANTS WISHES FOR A LARGER DECK DOESN'T CONSTITUTE A
HARDSHIP. A DECK CAN STILL BE BUILT. FURTHERMORE,THE SLIDING DOOR IS
ONLY A FEW FEET OFF THE GROUND AND THE APPLICANT COULD BUILD STEPS
OFF THE SLIDING DOOR TO A PATIO RATHER THAN A DECK AND NOT HAVE TO
WORRY ABOUT SETBACKS. A GROUND LEVEL PATIO MIGHT OFFER MORE
PRIVACY AS WELL. STAFF CANNOT ACCOUNT MISINFORMATION GIVEN AS IT IS
UNDOCUMENTED. FINANCIAL HARDSHIP IN THIS CASE DOES NOT CONSTITUTE A
HARDSHIP.
2. THE HARDSHIP IS NOT 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. OTHER PROPERTIES IN THE AREA HAVE THE SAME
SETBACKS AND SIMILAR HOUSE PLANS. THE APPLICANTS CAN BUILD A DECK OR
A PATIO, JUST NOT TO THEIR DESIGNS.
3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD NOT
DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME
DISTRICT UNDER THE TERMS OF THIS ORDINANCE. OTHER PROPERTY OWNERS
HAVE TO ADHERE TO THE NEW SETBACKS AND MAKE ADJUSTMENTS TO PLANS TO
ACCOMMODATE THEM.THE SETBACKS WERE PUBLIC INFORMATION WHEN THEY
PURCHASED THEIR HOME.
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF
THE PETITIONER'S OWN ACTION OR INACTION. AGAIN,THE SETBACKS WERE
PUBLIC INFORMATION AT THE TIME THE PETITIONERS BOUGHT THEIR HOME. THEY
ARE STILL ABLE TO UTILIZE THE SLIDING DOOR WITH A DECK OR PATIO.
COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0-1.
Commissioner Schuster abstained, as he was not present for the full discussion of
this item.
Chair Mesich indicated that this item will be considered by the City Council at the
November 16, 1998, Council meeting.
6. Adiournment
There being no further business, COMMISSIONER COTE MOVED TO ADJOURN THE
MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION
• CARRIED 7-0.
Board of Adjustments Minutes
October 27, 1998
Page 3
• The meeting of the Elk River Board of Adjustments adjourned at 6:45 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary
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