05-25-1999 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, MAY 25, 1999
Members Present: Chair Cote, Commissioners Kuester, Mesich, Thompson and
Schuster
Members Absent: Commissioners Chambers and Morris
Staff Present: Michele McPherson, Director of Planning;Scott Harlicker, Assistant
Planner;Steve Wensman, Planner;Terry Maurer, City Engineer;
Peter Beck, City Attorney; 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 5/25/99 Board of Adjustments Agenda
COMMISSIONER THOMPSON MOVED APPROVAL OF THE MAY 25, 1999, BOARD OF
• ADJUSTMENTS AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
3. Consider 4/27/99 Board of Adjustments Minutes
COMMISSIONER KUESTER MOVED TO APPROVE THE APRIL 27, 1999, BOARD OF
ADJUSTMENTS MINUTES. COMMISSIONER MESICH SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
4. Request by Bradley Johnson for Side Yard Setback Variance and Shoreline
Setback Variance, Public Hearing Case No. V 994
Staff report by Scott Harlicker. Bradley Johnson, 1209 Main Street, has requested
a 3 foot variance to the required 5 foot side yard setback and a 29 foot variance
to the required 30 foot bluff setback to rebuild a detached garage.
Chair Cote opened the public hearing. There being no comments from the
public, Chair Cote closed the public hearing.
Commissioner Mesich asked if DNR approval is also necessary. Scott explained
that the information has been submitted to the DNR and the DNR has indicated if
the Planning Commission can make the necessary findings to support the
variance, they will approve the request, as well.
COMMISSIONER MESICH MOVED APPROVAL OF THE REQUEST BY BRADLEY
• JOHNSON FOR A THREE FOOT(3') VARIANCE TO THE REQUIRED FIVE FOOT SIDE
Board of Adjustments Minutes
May 25, 1999
Page 2
O YARD SETBACK, AND A 29 FOOT VARIANCE TO THE REQUIRED 30 FOOT BLUFF
SETBACK, PUBLIC HEARING CASE NO. V 99-4, BASED ON THE FOLLOWING
FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN
THAT THE APPLICANT WILL NOT BE ABLE TO CONSTRUCT A GARAGE.
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. OTHER PROPERTIES IN THE
DISTRICT HAVE GARAGES THAT DO NOT COMPLY WITH CURRENT SETBACK
REQUIREMENTS
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE
OF THE PETITIONER'S OWN ACTION OR INACTION.THE SPECIAL CONDITIONS
ARE A RESULT OF THE PLACEMENT OF THE HOUSE ON THE PROPERTY.
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
O OF THE ORDINANCE.
6. THE ZONING CODE REQUIRES A GARAGE WITH NEW SINGLE FAMILY. IT IS STAFF'S
BELIEF THAT A GARAGE IS NEEDED FOR REASONABLE USE OF THIS PROPERTY.
7. THE VARIANCE IS NOT BEING REQUESTED SOLELY ON THE BASIS OF ECONOMIC
CONSIDERATIONS.THE APPLICANT, AS WELL AS MOST RESIDENTS IN SINGLE
FAMILY HOMES, HAVE A NEED FOR A GARAGE.
8. THE PROPOSED GARAGE WOULD BE IN CHARACTER WITH THE SURROUNDING
PROPERTIES.
COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6. Adjournment
There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE
MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:40 p.m.
zR ectffully^^submitted,
• Debbie Huebner
Recording Secretary