07-27-1999 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, JULY 27, 1999
Members Present: Chair Cote, Commissioners Chambers, Kuester,Thompson and
Schuster
Members Absent: Commissioner Mesich
Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior
Planner; Stephen 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 7/27/99 Board of Adjustments Agenda
COMMISSIONER THOMPSON MOVED TO APPROVE THE JULY 27, 1999, BOARD OF
• ADJUSTMENTS AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
3.a. Consider Consent Agenda
COMMISSIONER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
REQUEST BY UNITED POWER ASSOCIATION FOR TOWER HEIGHT, CASE NO. V 99-9 -
WITHDRAWN
COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0.
3.b. Consider 6/22/99 Board of Adjustments Minutes
COMMISSIONER THOMPSON TO APPROVE THE JUNE 22, 1999, BOARD OF
ADJUSTMENTS MINUTES. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
4.1. Request by Gerald Sneft for Lot Size Variance, Public Hearing Case No. V 99-8
Staff report presented by Stephen Wensman. Gerald Sneft has requested a .56
acre variance and a 3.28 acre variance from the minimum lot area requirements
in the A 1 zoning district in order to subdivide an 18.27 acre parcel into two lots.
Mr. Wensman reviewed his analysis of the request and history of Mr. Sneft's
• previous lot splits. He recommended approval of the variance request, based on
the findings outlined in the staff report to the Commission dated July 27, 1999.
• Chair Cote asked if the County has requested additional right-of-way. Mr.
Wensman stated that they will be sent a copy of the proposed administrative
subdivision if the variance is approved. He did not anticipate that the County
would ask for additional right-of-way, since they have not asked for any with Mr.
Sneft's previous splits. Mr. Wensman noted that if it is determined the wetland on
the proposed Lot B is over one acre, the wetland cannot be included as lot area
calculation and the amount of the acreage for the variance would increase.
Commissioner Kuester suggested that if there are other properties in the area with
similar circumstances, that an ordinance amendment may be appropriate to
avoid the need for variances. Mr. Wensman stated that staff has discussed the
idea and they will address the issue during the recodification process.
Chair Cote opened the public hearing.
Tom HeIs, 9731 221st Avenue, property owner adjacent to the subject property,
had a number of questions which staff responded to as follows:
1. The request is being made in order to sell Lot B
2. The zoning of the property will remain Al (Agricultural) with a minimum lot size
of 10 acres(or 4 lots per 40 acres).
3. The setbacks and maximum accessory structure regulations for the A 1 district
will apply.
4. A future home on Lot B may face any direction the owner chooses.
5. Whether the driveway access will be on 221St or County Road 33 will be
• determined by the future property owner, subject to County approval.
6. Distance between driveways on a county road is regulated by the County.
7. Soil testing will be done to determine what type of septic system will be
required.
The Commissioners and staff discussed the impact on the variance request, if the
wetland on Lot B is determined to be larger than 1 acre.
There being no other comments from the public, Chair Cote closed the public
hearing.
COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY GERALD SNEFT FOR
A.56 ACRE VARIANCE AND A 3.28 ACRE VARIANCE OR, AS REVISED SUBJECT TO
REVIEW BY THE DNR, FROM THE MINIMUM LOT AREA REQUIREMENTS IN THE Al
(AGRICULTURAL) ZONING DISTRICT, PUBLIC HEARING CASE NO. V 99-8, 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.
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 BE IN KEEPING WITH SPIRIT AND
INTENT OF THE ORDINANCE.
COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6. Adjournment
There being no further business, COMMISSIONER KUESTER 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 6:55 p.m.
Respectfully submitted,
Debbie Huebner
/0,71/1-t,
Recording Secretary
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