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04-27-1999 BA MIN Appapri • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 27, 1999 Members Present: Vice Chair Mesich, Commissioners Chambers, Kuester and Morris Members Absent: Chair Cote, Commissioners Thompson and Schuster 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 Vice Chair Mesich. 2. Consider 4/27/99 Board of Adjustments Agenda COMMISSIONER KUESTER MOVED TO APPROVE THE APRIL 27, 1999, BOARD OF ADJUSTMENTS AGENDA WITH THE FOLLOWING CHANGE: • ITEM 4.1.-REQUEST BY BRADLEY JOHNSON FOR SIDE YARD VARIANCE, PUBLIC HEARING CASE NO. V 99-4-POSTPONED TO 5/25/99 COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 3/23/99 Board of Adjustments Minutes COMMISSIONER KUESTER MOVED TO APPROVE THE MARCH 23, 1999, BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.2. Request by John Weicht & Associates for Variance, Public Hearing Case No. V 99-5 Staff report by Steve Wensman. Steve explained that a proposed expansion of Furniture and Things requires a variance to allow parking stalls adjacent to truck loading docks and, a variance to allow a drive aisle within the 10 foot setback from the property line. Steve reviewed the reasons why the applicant feels the variance is necessary. Commissioner Kuester asked if the parking stalls on the north side of the building are needed. Steve indicated that the stalls are required by city ordinance. Steve explained that the truck driveway to the loading docks has a lower grade than the vehicle parking area, so that the trailer bed is level with the warehouse floor. He indicated there is a retaining wall with a railing located between the Board of Adjustments Minutes April27, 1999 Page 2 • parking area and the loading docks, which does provide some separation between the parking and truck loading area. Terry Maurer noted that the property owner will be required to hook up to city sewer and water as soon as it becomes available. Vice Chair Mesich opened the public hearing. John Weicht, 13330 Island View Drive, representing the applicant, explained that the fire chief has indicated he would accept the narrower drive aisle around the building, since the landscaped area adjacent to the drive aisle could be driven on, in the event of an emergency. Mr. Weicht indicated that vehicle traffic at the warehouse is very minimal. He felt the difference in grade between the loading docks and parking area created a physical separation. Mr. Weicht noted that extensive landscaping is planned for the site. There being no comments from the public, Vice Chair Mesich closed the public hearing. Commissioner Kuester indicated that she felt the parking issue could be worked out but she was concerned about the fire lane drive aisle. Commissioner Morris asked if the variance would still be needed if the size of the building were reduced. Mr. Weicht indicated that a variance would still be needed for the conflicting truck/auto movements. 1111 Discussion followed regarding the parking adjacent to the loading doors. It was the consensus of the Commissioners that the variance for the parking was not necessary, since the retaining wall and railing provided separation between the truck and vehicle traffic. COMMISSIONER KUESTER MOVED TO DISMISS THE PORTION OF THE PORTION OF THE REQUEST BY JOHN WEICHT AND ASSOCIATES FOR A VARIANCE FROM THE OFF- STREET LOADING AND OVERHEAD DOOR ACCESS REQUIREMENTS, BASED ON NEW INFORMATION RECEIVED DURING THE PLANNING COMMISSION REVIEW, AND,TO DENY THE REQUEST FOR A VARIANCE FROM THE DRIVE AISLE PROPERTY SETBACK, PUBLIC HEARING CASE NO. V 99-5, PART A, BASED ON THE FOLLOWING FINDINGS: 1. STAFF BELIEVES THAT THE LITERAL ENFORCEMENT WILL NOT CAUSE UNDO (UNNECESSARY, UNAVOIDABLE, EXTREME) HARDSHIP. THE APPLICANT AT PRESENT HAS A REASONABLE USE OF THE SAID PROPERTY AND IS ABLE TO ADD ON, ALTHOUGH NOT TO THE EXTENT BEING PROPOSED. 2. STAFF BELIEVES THAT THE HARDSHIP IS NOT CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY OR STRUCTURE INVOLVED BECAUSE WITH A SMALLER BUILDING A VARIANCE WOULD NOT BE REQUIRED. 3. STAFF BELIEVES THAT THERE ARE NO SPECIAL CONDITIONS AND CIRCUMSTANCES AND THAT THE NEED FOR A VARIANCE IS A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION BECAUSE A SMALLER ADDITION, ALTHOUGH NOT • Board of Adjustments Minutes April27, 1999 Page 3 FULLY MEETING THE APPLICANTS IMMEDIATE NEEDS, CAN BE BUILT AND COMPLY WITH CITY ORDINANCES. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION 4-0. 4.3. Request by Mel Beaudry for a Front Yard Setback Variance, Public Hearing Case No. V 99-6 Staff report by Steve Wensman. Mel Beaudry has requested a variance from the front yard setback requirements in order to construct a home closer to the street than allowed by ordinance. Vice Chair Mesich opened the public hearing. Mel Beaudry, applicant, reviewed his reasons for requesting the variance. He stated that two of the three homes on this street have less than the required 50 foot setback. Chair Mesich questioned why a different septic system will be required if he is required to meet the 50 foot setback. Mr. Beaudry explained that the soils change, and a mound system would be required because of the mottled soils further back on the site. Commissioner Morris asked if the area is fully developed. Mr. Beaudry indicated he is not aware of any other lots left in the Greenhead Acres 3rd Addition subdivision. Commissioner Morris questioned why the other two homes were allowed to be placed at less than 50 feet from the right of way. Scott Harlicker, Planning Assistant, indicated that it is likely a 35 foot setback was required at the time the subdivision was platted. There being no further comments from the public, Vice Chair Mesich closed the public hearing. Vice Chair Mesich indicated he did not feel the applicant can meet the criteria for granting a variance. Commissioner Kuester agreed that the variance should be denied. COMMISSIONER KUESTER MOVED DENIAL OF THE REQUEST BY MEL BEAUDRY FOR A FRONT YARD SETBACK VARIANCE, PUBLIC HEARING CASE NO. V 99-5, BASED ON THE FOLLOWING FINDINGS: 1. STAFF BELIEVES THAT THE LITERAL ENFORCEMENT WILL NOT CAUSE UNDO (UNNECESSARY, UNAVOIDABLE, EXTREME) HARDSHIP. THE APPLICANT KNEW THE SETBACKS PRIOR TO BUILDING HIS HORSE BARN AND HAS THE CHOICE OF SETTING THE HOUSE BACK FROM THE ROAD TO CONFORM WITH CITY ORDINANCES. 2. STAFF BELIEVES THAT THE HARDSHIP IS NOT CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY OR STRUCTURE INVOLVED BECAUSE THE HOUSE CAN BE BUILT AT THE PROPER SETBACKS. 3. STAFF BELIEVES THAT THERE ARE NO SPECIAL CONDITIONS AND CIRCUMSTANCES AND THAT THE NEED FOR A VARIANCE IS A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION THE APPLICANT HAS KNOWN THE SETBACKS ALL ALONG • AND PROVIDED THE CITY WITH A SITE PLAN CONFORMING TO THE SETBACKS. THE Board of Adjustments Minutes April27, 1999 Page 4 • APPLICANT HAD AN OPPORTUNITY TO RESEARCH THE COSTS ASSOCIATED WITH THE SPECIFIC SEPTIC OR CONSTRUCTION NECESSARY TO BUILD HIS HOUSE. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 3-1. Commissioner Morris opposed. 6. Adjournment There being no further business, COMMISSIONER KUESTER MOVED TO ADJOURN THE MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River Board of Adjustments adjourned at 7:24 p.m. Respectfully submitted, liZtel W(-661/-'teJ Debbie Huebner Recording Secretary • •