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04-28-1998 BA MIN ,,E MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 28, 1998 Members Present: Commissioners Kuester,Thompson, Chambers, Morris and Schuster Commissioner Cote arrived at approximately 6:15 p.m. Chair Mesich arrived at approximately 6:20 p.m. Members Absent: None Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner; Debbie Huebner, Recording Secretary 1. Call Meetina 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 Acting Chair Kuester. 2. Consider:=4/281.98 Board Adjustments Agenda • COMMISSIONER THOMPSON MOVED TO APPROVE THE APRIL 28, 1998, BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 3/24/98 Board of Adjustments Minutes COMMISSIONER THOMPSON TO APPROVE THE MARCH 24, 1998, BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Tim Smith Request'.for Accessory Structure Setback Variance,Public Hearing Case No.V 98-3 Staff report by Scott Harlicker, Planning Assistant. Tim Smith, 13192 192nd Avenue, has requested a variance to the 75 foot shoreline setback requirement in order to construct a 44'x80' pole building and attached lean-to. Because the applicant has 35 acres on which to place the pole building, staff did not believe that a hardship existed. Scott indicated the proposed location is within the 100 year flood plain and that the building site is 5 feet below the base flood elevation (877 ft.) In order to meet the Flood Plain Ordinance, the building floor must be elevated to 878 feet and an area extending out 15 feet from the building must be elevated to 877 feet . The extent of fill would be within 5 feet of the stream. Scott indicated the DNR has not responded to the notification of this request. Staff recommends denial of the request based on the findings in the staff report. • Acting Chair Kuester opened the public hearing. Board of Adjustments Minutes April28, 1998 Page 2 • Tim Smith, applicant, thanked Commissioners Schuster, Kuester and Chambers for visiting the site prior to the meeting. He explained that the building framing is already in place and was raised 2 feet on the inside, not the outside. He proposed to address staff's concerns as follows: - Placing a small berm around the building and forcing the water to run to a holding pond. -A class 5 driveway to the building will be installed, and there will be ample area for maneuvering a large truck into the ditch easement since he owns the property on both sides of the easement. - Placement of a plastic mat underneath the floor of the building to prevent contamination of the stream in case of spills. Commissioner Thompson questioned why Mr.Smith started construction of the building without a permit. Mr. Smith indicated that the City Council approved a variance for the building size last fall, and he was aware he needed a variance for the location but he chose to go ahead anyway. Commissioner Schuster questioned when the lagoon was put in. Mr.Smith stated the lagoon was put in approximately 7 years and was used for watering by the Browns for their produce farming. Commissioner Chambers asked when the City could expect a response from the DNR. Scott Harlicker explained that the City routinely informs the DNR of requests O for variances to the shoreland ordinance, but staff has received no comments on this issue at this time. There being no other comments from the public, Chair Mesich closed the public hearing. Scott Harlicker indicated Mr. Smith is aware he will need to apply for an easement vacation, but that he wanted to go through the variance process first. COMMISSIONER THOMPSON MOVED TO DENY THE REQUEST BY TIM SMITH FOR A VARIANCE TO THE SHORELAND SETBACK, BASED ON THE FOLLOWING FINDINGS: 1. THE APPLICANT DID NOT SHOW THAT HE WOULD SUFFER ANY HARDSHIP BY STRICT APPLICATION OF THE ZONING ORDINANCE. 2. THE APPLICANT HAS REASONABLE USE OF THE PROPERTY WITHOUT THE GRANTING OF THE VARIANCE. THE BUILDING COULD BE CONSTRUCTED IN ANOTHER LOCATION NOT IN THE FLOOD PLAIN. 3. THE PROPOSED LOCATION IS WITHIN THE FLOOD PLAIN AND WOULD REQUIRE RAISING THE BUILDING FLOOR ELEVATION BY 6 FEET,THEREBY INCREASING THE POSSIBILITY OF IMPACT UPON THE DNR PROTECTED STREAM. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 4-2-1. Commissioners Chambers and Schuster opposed. Chair Mesich abstained. 4.2. Chip Martin Martin Plaza) Request for Parking Lot Setback Variance,Public Hearina Case No V 98-4 Board of Adjustments Minutes April 28, 1998 Page 3 • Staff report by Scott Harlicker. Edmund (Chip) Martin, owner of Martin Plaza, has requested a parking lot setback variance so that he may extend the paved parking area in front of his building over his property line onto property leased from MN/DOT along Highway 10. Scott reviewed three options with the Commissioners to deal with this request: 1) deny the variance request; 2) approve the alternate plan proposed by staff; and, 3) approve the variance request as proposed by the applicant. Chair Mesich opened the public hearing. Chip Martin, applicant, reviewed improvements that have been made to the property in the past 20 years. Mr. Martin expressed concern regarding staff's proposal to have parking in front of the building next to the sidewalk. He felt bumpers of vehicles may encroach over the sidewalk, thereby limiting the handicap accessibility. He expressed support for the one-way traffic through the site. Commissioner Kuester asked if Mr. Martin would consider combining the east access with the Hunt's Feed access. Mr. Martin felt the existing access is necessary for right turns into the site off of Highway 10. Chair Mesich questioned why the area to the west is not used for parking. Mr. Martin explained that a previous city commission did not feel people should be • expected to walk that far, and requested he provide parking in front of the building. Mr. Martin indicated an application will be submitted to allow a small used car sales operation in the area west of the building. There being no other public comments, Chair Mesich closed the public hearing. Commissioner Mesich questioned in the parking lot would interfere with plans for the trail corridor from the downtown. Steve Ach, City Planner, stated the Commission needs to consider the long term use of the property. He indicated a trail is proposed to go on the south side of Highway 10 to Lake Orono. Commissioner Kuester suggested plantings be placed along Highway 10 and that the dumpster be enclosed. She expressed support for the alternate plan proposed by staff. Discussion followed regarding location of the parking stalls and the affect on the sidewalk. Commissioner Cote suggested stops be placed at the parking stalls to prevent vehicles from encroaching over the sidewalk. Chair Mesich indicated he could support the variance since the situation of the parking at the site is unique and could be considered "grandfathered" in. Commissioner Morris also felt the site was unique and is designed to serve small businesses. i Board of Adjustments Minutes April28, 1998 Page 4 • COMMISSIONER COTE MOVED TO APPROVE THE VARIANCE REQUEST BY CHIP MARTIN, PUBLIC HEARING CASE NO. V 98-4, WITH THE ALTERNATIVE LAYOUT PROPOSED BY STAFF, BASED ON THE FOLLOWING FINDINGS: 1. THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE THE APPLICANT UNDUE HARDSHIP IN THAT THE APPLICANT WILL NOT BE ABLE TO PROVIDE ADEQUATE PARKING AND ACCESS IN A CONVENIENT LOCATION FOR HIS CUSTOMERS. 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 NARROWNESS OF THE LOT DOES NOT ALLOW 3. THE PROPERTY IS UNIQUE IN THAT IT IS LONG AND NARROW.THE IS PROPERTY IS ABOUT 75 FEET DEEP WHICH DOES NOT LEAVE ADEQUATE SPACE TO PROVIDE BOTH PARKING AND A DRIVE AISLE BETWEEN THE BUILDING AND THE FRONT PROPERTY LINE.THE SPECIAL AND UNIQUE CIRCUMSTANCES RELATE TO THE PROPERTY AND ARE NOT A RESULT OF THE APPLICANT'S ACTIONS. 4. MOST COMMERCIAL STRIP CENTERS HAVE PARKING IN FRONT OF THE STORES. WITHOUT THIS VARIANCE THE APPLICANT WOULD NOT BE ABLE TO PROVIDE PARKING IN FRONT OF THE STORES.THERE WOULD BE SPACE ENOUGH FOR A ONE-WAY DRIVE AISLE. WITH THE VARIANCE THERE WOULD BE ROOM ENOUGH FOR A 24 FOOT WIDE DRIVE AISLE AND PARKING. S5. THE GRANTING OF THE VARIANCE WOULD ALLOW A BOULEVARD OF BETWEEN 24' AND 14' BETWEEN THE EDGE OF THE PAVEMENT AND THE HIGHWAY,WHICH IS SLIGHTLY LESS THAN WHAT IS TYPICALLY FOUND.THE DISTANCE IS SIMILAR TO OTHER BUSINESS ALONG THIS SECTION OF HIGHWAY 10. WITH THE FOLLOWING CONDITIONS: 1. IN ORDER TO MINIMIZE THE VARIANCE NEEDED, PARKING SHALL BE PROVIDED FACING THE BUILDING AND SHALL NOT FACE HIGHWAY 10 AND THE DRIVE AISLE ACCESSING THESE SPACES SHALL BE ONE WAY. 2. THE DRIVE AISLE IN FRONT OF THE PLAZA SHALL NOT EXCEED 12 FEET IN WIDTH AND THE PARKING STALLS SHALL BE 27 FEET LONG AT A 45 DEGREE ANGLE PER CITY ORDINANCE. 3. CURB AND GUTTER SHALL BE PROVIDED PER CITY ORDINANCE. 4. PROVISION SHALL BE MADE IN THE SITE PLAN TO PROVIDE ADEQUATE PEDESTRIAN ACCESS TO THE SHOPS. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0 Board of Adjustments Minutes April28, 1998 Page 5 • 6. Adjournment There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Board of Adjustments adjourned at 7:35 p.m. Respectfully submitted, Lkee(e.e Debbie Huebner Recording Secretary II •