03-23-1999 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, MARCH 23, 1999
Members Present: Chair Cote, Commissioners Chambers, Kuester, Mesich,
Schuster and Thompson
Members Absent: Commissioner Morris
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 Cote.
2. Consider 3/23/99 Board of Adjustments Agenda
COMMISSIONER THOMPSON MOVED TO APPROVE THE MARCH 23, 1999 BOARD OF
ADJUSTMENTS AGENDA. COMMISSIONER MESICH SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
• 3. Consider 2/23/99 Board of Adjustments Minutes
COMMISSIONER MESICH TO APPROVE THE FEBRUARY 23, 1999, BOARD OF
ADJUSTMENTS MINUTES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
4.1. Consider Request by Gopher State Mini Storage for Setback Variance, Public
Hearing Case No. V 99-2
Staff report by Steve Wensman. Gopher State Mini Storage has requested a
variance from the required building and parking setbacks in order to construct an
additional min-storage building in the McChesney Industrial Park. Steve
indicated staff supports the 5 foot building setback variance. He explained that
staff does not support the 9 foot parking setback variance because of concerns
expressed by the fire chief related to emergency access to the back of the
building.
Chair Cote opened the public hearing. There being no comments from the
public, Chair Cote closed the public hearing.
Commissioner Mesich asked if were possible for the mini storage owner to acquire
railroad property to meet the required setback. Steve stated that it was not
possible. Steve explained that the applicant has the option of making the
building one-sided.
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Board of Adjustments Minutes
March 23, 1999
Page 2
IPCommissioner Kuester questioned how the new building would affect emergency
access to the existing buildings. Steve indicated that some adjustments could be
made to make access possible. Commissioner Kuester also expressed her
concern that such a large portion of the site would be covered with either
buildings or asphalt.
Arnie Mach, applicant, explained his reasons why he did not want to construct a
one-sided building.
Commissioner Mesich stated that the Planning Commission could not grant a
variance if the fire chief cannot accept the proposal.
COMMISSIONER MESICH MOVED TO DENY THE REQUEST BY GOPHER STATE MINI
STORAGE FOR A BUILDING SETBACK VARIANCE AND A PARKING SETBACK
VARIANCE BECAUSE THE FIVE CONDITIONS NECESSARY FOR GRANTING A
VARIANCE CANNOT BE MET. COMMISSIONER CHAMBERS SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
4.2. Consider Request by Union Congregational Church for Variance, Public Hearing
Case No. V 99-3
Staff report by Steve Wensman. Union Congregational Church, 1118 4th Street,
has requested a 5 foot variance from the parking setbacks. Steve explained that
the church has submitted an application for a conditional use permit to expand
their existing church. The variance is necessary in order to widen an access drive
• which is already nonconforming and extends 3 feet into the setback. Staff
recommends approval of the request based on the findings in the staff report.
Chair Cote opened the public hearing. There being no comments from the
public, Chair Cote closed the public hearing.
COMMISSIONER THOMPSON MOVED TO APPROVE THE VARIANCE REQUEST BY
UNION CONGREGATIONAL CHURCH, PUBLIC HEARING CASE NO. V 99-2, CITING
THRE WAS NO OPPOSITION DURING THE PUBLIC HEARING, AND 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.
COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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Board of Adjustments Minutes
March 23, 1999
Page 3
• 6. Adjournment
There being no further business, COMMISSIONER MESICH 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 6:50 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary
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