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• MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, JULY 28, 1998
Members Present: Chair Mesich, Commissioners Chambers, Cote, Kuester, Morris,
Schuster and Thompson
Members Absent: None
Staff Present: Scott Harlicker, Planning Assistant;Steve Wensman, Planner;
Peter Beck, City Attorney; Debbie Huebner, Recording Secretary
• ,,,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 n28/98 Board of Adjustments Agenda
COMMISSIONER THOMPSON MOVED TO APPROVE THE JULY 28, 1998 BOARD OF
ADJUSTMENTS AGENDA. COMMISSIONER COTE SECONDED THE MOTION. THE
MOTION CARRIED 7-0.
• 3. Consider'6/23/98 Board of Adjustments Minutes
COMMISSIONER THOMPSON TO APPROVE THE JUNE 23, 1998, BOARD OF
ADJUSTMENTS MINUTES. COMMISSIONER COTE SECONDED THE MOTION. THE
MOTION CARRIED 7-0.
41. Request for Variance by Irwin&Margaret Olson,Public Hearing Case„No.V 486
Irwin and Margaret Olson of 19761 Gary Street have requested a variance from
the minimum lot size requirements in the R 1 a zone (Countryside Acres). The
Olson's previously combined Lots 4, 5 and 6 for tax purposes and now they wish to
sell Lots 4 and 5 as one parcel (approximately 2.5 acres), and sell Lot 6 (1.6 acres)
as a separate buildable lot. Lot 6 does not meet the City's current standards for
minimum lot size in the R 1 a zoning district. Scott noted that zoning was changed
to R 1 a after Countryside Acres was subdivided.
Chair Mesich opened the public hearing.
Irwin Olson, applicant, indicated he felt it would be a hardship to find a buyer for
the four acre lot, since the other lots in Countryside Acres are smaller. He
explained that he was told by the County that there would be no problem selling
off any of the lots separately,when he previously combined the lots for tax
purposes.
• There being no further public comment, Chair Mesich closed the public hearing.
Board of Adjustments Minutes
July 28, 1998
Page 2
• Commissioner Schuster questioned when the zoning was changed. Scott stated
the zoning was changed after Mr. Olson combined the parcels, but that Mr.
Olson was not likely to have been notified individually of the zone change. Mr.
Olson stated he was not aware that the zoning of his property had been
changed.
Commissioner Thompson indicated she did not feel the request meets the five
findings for granting a variance.
Commissioner Schuster indicated he felt a hardship did exist.
Commissioner Morris indicated he felt the Planning Commission needs to interpret
each request for a variance individually.
Chair Mesich expressed support for approval of the variance and felt the
neighborhood would be improved by having a home built on Lot 6, rather than
having an empty lot.
COMMISSIONER COTE MOVED TO APPROVE THE REQUEST FOR A VARIANCE BY
IRWIN AND MARGARET OLSON, PUBLIC HEARING CASE NO.V 98-6, BASED ON THE
FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP.
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.
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 THE NEIGHBORHOOD
WHERE THE PROPERTY IS LOCATED AND WILL IN KEEPING WITH SPIRIT AND INTENT
OF THE ORDINANCE.
COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 7-0.
5. Adioumme t
There being no further business, COMMISSIONER COTE MOVED TO ADJOURN THE
MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION 7_-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:52 p.m.
Repectfully submitted,
•
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Debbie Huebner, Recording Secretary