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01-27-1998 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, JANUARY 27, 1998 Members Present: Chair Mesich, Commissioners Anderson, Cote, Kuester, Morris and Thompson Members Absent: None Staff Present: Steve Ach, City Planner; Scott Harlicker, Assistant Planner; Terry Maurer, City Engineer; Debbie Huebner, Recording Secretary Also Present: Larry Kramka, DNR Area Hydrologist I 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 Chair Mesich. Consider 1/23/97 Board of-Adjustments Agendq • COMMISSIONER THOMPSON MOVED TO APPROVE THE JANUARY 27, 1998, BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider.12/23/97 Board of Adjustments Minutes COMMISSIONER ANDERSON MOVED TO APPROVE THE DECEMBER 23, 1997, BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Guardian Angels:of Elk River,Inc.Request for Public Hearing Case 33 No..V,97 Staff report presented by Steve Ach, City Planner. Guardian Angels of Elk River is requesting the following variances: A. Variance to exceed the allowable density within the Shoreland District by allowing six additional units for a multi-story assisted living facility. (Tier 2) B. Variance to the maximum allowable impervious surface coverage of 25%. Steve indicated staff supports the density variance based on the findings in the staff report. He suggested no action be taken on the impervious coverage variance until a specific site plan is submitted for the commercial area. Or, the • Commission may chose to approve a variance at this time for a specific amount, such as an additional 5%over the required 25%. Board of Adjustments Minutes • January 27, 1998 Page 2 Chair Mesich opened the public hearing. Cindi Edwards-Plant, 13184 Island View Drive, requested the Planning Commission deny the variance request to exceed the amount of impervious area, citing that the increased runoff would mean more pollutants will enter Lake Orono. She was also concerned there will be more erosion and sedimentation where the storm sewers from the project enter the lake. Larry Kramka, Area Hydrologist, explained the Guardian Angels PUD is unique and the Shoreland Ordinance does not specifically address this type of PUD. He stated the Planning Commission needs to take a hard look at all of the city's ordinances and make a decision which balances the needs of the community and the need to protect the shoreland and lake. Mr. Kramka supported staff's recommendation to put off action on the impervious area variance for the commercial area, but cautioned that it may be even more difficult to address later. Mr. Kramka explained the purpose of the Shoreland Ordinance is to balance, enhance and protect the shoreland as well as water quality, vegetation and recreational uses. He felt the city needs to look at the significance of this project as it relates to the entire Watershed District of which Elk River is a part. Michael Trossen, Trossen Wright Architects, indicated 14 months have gone by since Guardian Angels approached the City with their project and urged the Commissioners to take action on the entire project, not just a portion of it. He felt the requested variances meet the city's criteria for approval. • Discussion followed regarding how the need for the density and impervious area variances was determined. Carol Mills, Guardian Angels, asked Terry Maurer, City Engineer, to explain how the storm water drainage plan proposed for the project meets the city's requirements. Ms. Mills explained the changes that were made from their original plans to meet the city's requirements. She complimented staff on their efforts to resolve issues associated with this complex project. The Commissioners discussed whether or not to hold off on addressing the impervious area variance for tiers 2 and 3 until a specific site plan is submitted. Ms. Mills indicated the commercial component is crucial and that Guardian Angels' Board of Directors could not risk moving ahead with the project without resolving the commercial issue. She urged the Commissioners to take action at this meeting. Chair Mesich asked Mr. Kramka if he felt allowing the variance for the increased impervious area would cause problems. Mr. Kramka stated he could not answer that question, but noted the city engineer has stated the drainage calculations meet the city's standards. There being no further public comment on this issue, Chair Mesich closed the public hearing. • COMMISSIONER ANDERSON MOVED TO DELAY ACTION ON THE VARIANCE REQUESTS BY GUARDIAN ANGELS OF ELK RIVER, INC. UNTIL THE PLANNING Board of Adjustments Minutes January 27, 1998 Page 3 • COMMISSION REVIEWS THE APPLICATIONS FOR LAND USE PLAN AMENDMENT, REZONING, PRELIMINARY PLAT AND CONDITIONAL USE PERMIT. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER ANDERSON MOVED TO RECESS AT THIS TIME(7:15 P.M.). COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The Board of Adjustments reconvened at 10:15 p.m. COMMISSIONER ANDERSON MOVED TO DENY THE REQUEST BY GUARDIAN ANGELS OF ELK RIVER, INC. FOR A VARIANCE TO EXCEED THE ALLOWABLE DENSITY WITHIN THE SHORELAND DISTRICT, PUBLIC HEARING CASE NO. V 97-21. The motion died for lack of a second. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GUARDIAN ANGELS OF ELK RIVER, INC. FOR A VARIANCE TO EXCEED THE ALLOWABLE DENSITY WITHIN THE SHORELAND DISTRICT BY ALLOWING SIX ADDITIONAL ASSISTED LIVING UNITS, PUBLIC HEARING CASE NO. V 97-21, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE SHORELAND ORDINANCE WOULD CAUSE AN • UNDUE HARDSHIP, GIVEN THE BUILDING FOOTPRINT WILL BE LARGE ENOUGH TO ACCOMMODATE A TOTAL OF 80 UNITS. THEREFORE, WHETHER THE STRUCTURE HAS 74 OR 80 UNITS WILL NOT HAVE ANY ADDITIONAL EFFECT ON THE LAKE. 2. THE PROJECT IS A MIXED PLANNED UNIT DEVELOPMENT WHICH HAS UNIQUE AND FLEXIBLE STANDARDS. 3. THROUGH NUMEROUS MODIFICATIONS TO THE DEVELOPMENT PLANS,THE VARIANCE REQUEST FOR SIX(6) ASSISTED LIVING UNITS HAS BEEN MINIMIZED. 4. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF ADJACENT RESIDENTS OR THE NEIGHBORHOOD IN WHICH THE DEVELOPMENT IS TO OCCUR. 5. ASSISTED LIVING IS A UNIQUE TYPE OF FACILTIY MUCH DIFFERENT THAN ANY OTHER RESIDENTIAL DEVELOPMENT ADJACENT TO THE DNR WATERS. THE IMPACT FROM THE ASSISTED LIVING UNITS ONTO LAKE ORONO WILL BE VIRTUALLY UNOTICEABLE COMPARED TO OTHER TYPES OF RESIDENTIAL DEVELOPMENT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Anderson opposed. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY • GUARDIAN ANGELS OF ELK RIVER, INC. FOR A VARIANCE NOT TO EXCEED THIRTY Board of Adjustments Minutes January 27, 1998 Page 4 • PERCENT(30%) IMPERVIOUS SURFACE COVERAGE IN TIERS 2 AND 3, CASE NO. V 97- 21, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMEN TOF THE SHORELAND ORDINANCE WOULD CAUSE UNDUE HARDSHIP ON DEVELOPMENT OF THE PROPERTY. 2. THE PROPERTY HAS SOME UNIQUE CHARACTERISTICS IN THAT IT IS BOARDERED BY A STATE HIGHWAY(10)AND IS ENTIRELY WITHIN THE SHORELAND DISTRICT. THE VARYING SHORELAND ALSO CONTRIBUTES TO THE SPECIAL CONDITIONS WHICH APPLY TO THE PROPERTY. 3. OTHER EXISTING COMMERCIAL ESTABLISHMENTS WHICH ARE SANDWICHED BETWEEN STATE HIGHWAY 10 AND LAKE ORONO HAVE RIGHTS THAT WOULD NOT BE ENJOYED BY GUARDIAN ANGELS IF A VARIANCE WAS NOT GRANTED. 4. THE AMOUNT OF THE VARIANCE IS MINIMIZED BY CONSTRUCTING A MULTI- STORY BUILDING TO REDUCE THE AMOUNT OF IMPERVIOUS AREA. FURTHERMORE,THE IMPERVIOUS AREA WHICH EXCEEDS THIS ORDINANCE IS OCCURRING AS FAR AWAY FROM THE LAKE AS POSSIBLE. 5. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF RESIDENTS. THE USE OF STORM WATER MANAGEMENT PONDS WILL TREAT THE RUNOFF PRIOR TO DISCHARGE INTO LAKE ORONO. 111 COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioners Anderson and Kuester opposed. 6. Adjournment There being no further business, COMMISSIONER ANDERSON MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. he meeting of the Elk River Board of Adjustments adjourned at 10:30 p.m. Respectfully submitted, Debbie Huebner Recording Secretary •