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11-23-1999 BA MIN ptifiTniovp 6 MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 23, 1999 Members Present: Chair Mesich, Commissioners Chambers, Kuester, Thompson. Commissioner Schuster arrived at 6:33 p.m. Members Absent: None 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 Mesich. 2. Consider 11/23/99 Board of Adiustments Agenda COMMISSIONER THOMPSON MOVED TO APPROVE THE NOVEMBER 23, 1999, • BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 9/28/99 Board of Adiustments Minutes COMMISSIONER THOMPSON TO APPROVE THE SEPTEMBER 28, 1999, BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Chair Mesich abstained. 4.1. Request by Gary and Shelle Perleberg for Variance, Public Hearing Case No. V99-15 Staff report by Steve Wensman. Gary and Shelle Perleberg have requested a seven foot variance from the 10 foot minimum parking/driveway setback from the property line in order to access an existing garage and create off-street parking. Their property, located at 817 Main Street, is the site of Natural Expressions floral shop, The Nook gift shop, and a residential apartment. They currently have no off-street parking for their floral delivery van, which is essential to their business, or for the residents. The applicants have tried, without success, to rent or use parking space from nearby businesses. Staff recommends approval of the request based on the findings in the staff report dated November 23, 1999. Chair Mesich opened the public hearing. Shelle Perleberg, applicant, expressed her appreciation for staff's help with their • request. She asked that the Commission approve their request. DRAFT • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 23, 1999 Members Present: Chair Mesich, Commissioners Chambers, Kuester, Thompson. Commissioner Schuster arrived at 6:33 p.m. Members Absent: None 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 Mesich. 2. Consider 11/23/99 Board of Adjustments Agenda COMMISSIONER THOMPSON MOVED TO APPROVE THE NOVEMBER 23, 1999, BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 9/28/99 Board of Adjustments Minutes COMMISSIONER THOMPSON TO APPROVE THE SEPTEMBER 28, 1999, BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Chair Mesich abstained. 4.1. Request by Gary and Shelle Perlebera for Variance, Public Hearing Case No. V99-15 Staff report by Steve Wensman. Gary and Shelle Perleberg have requested a seven foot variance from the 10 foot minimum parking/driveway setback from the property line in order to access an existing garage and create off-street parking. Their property, located at 817 Main Street, is the site of Natural Expressions floral shop, The Nook gift shop, and a residential apartment. They currently have no off-street parking for their floral delivery van, which is essential to their business, or for the residents. The applicants have tried,without success, to rent or use parking space from nearby businesses. Staff recommends approval of the request based on the findings in the staff report dated November 23, 1999. Chair Mesich opened the public hearing. Shelle Perleberg, applicant, expressed her appreciation for staff's help with their • request. She asked that the Commission approve their request. Board of Adjustments Minutes November 23, 1999 Page 2 • There being no further public comment, Chair Mesich closed the public hearing. Chair Mesich asked where the closest handicap spaces were located. Ms. Perleberg stated that there is a handicap space directly in front of their building. COMMISSIONER MOVED APPROVAL OF THE REQUEST BY GARY AND SHELLE PERLEBERG FOR A SEVEN FOOT VARIANCE FROM THE TEN FOOT MINIMUM PARKING/DRIVEWAY SETBACK FROM THE PROPERTY LINE BASED ON THE FOLLOWING FIVE 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. E AFFECT THE HEALTH THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY 5. CE OT OUS HEALTH, • SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Request by Robert and Linda Harris for Variance from City's Building Standards for Accessory Structures, Case No. V 99-16 Staff report by Scott Harlicker. Robert and Linda Harris, 18003 Queen Street, have requested a variance to allow metal exterior on a proposed 18'X 28' accessory storage building on their.77 acre lot. The zoning code states that no metal exterior buildings are allowed on parcels less than five acres in this area. Staff recommends denial of the variance based on the findings in the staff report to the Commission dated November 23, 1999. Chair Mesich opened the public hearing. Linda Harris, applicant, explained that when she called about constructing a storage building, she was not told the exterior could not be metal. The building will be maintenance-free and will match the color of their existing home. She felt that a financial hardship exists, since they have already purchased the building components, and an emotional hardship, since they will be unable to store their • belongs indoors. Board of Adjustments Minutes November 23, 1999 Page 3 • Commissioner Kuester asked if residents are typically told that no metal exterior is allowed. Mr. Harlicker explained that the Planning Department and Building Department get a number of phone calls each day asking a variety of questions about accessory structures. He stated that he could not comment on what the Harris' were told, since staff was not aware who talked to them. Commissioner Chambers asked if the majority of the building could be metal, and the remainder was constructed of other materials. Mr. Harlicker stated that the ordinance does not define a percentage. Chair Mesich asked the applicant if it would be possible to construct the building with an exterior material that meets the city ordinance. Mr. Robert Harris stated that he has no options, since the specifications for the building were customized, the kit has already been paid for, and it is sitting in his yard. He felt the city should take some responsibility, since he should have been told about the metal exterior restriction. Chair Mesich explained that State Statutes require the city to enforce its ordinance, unless all five of the findings can be met which are listed in the staff report. There being no further comments from the public, Chair Mesich closed the public hearing. • COMMISSIONER KUESTER MOVED DENIAL OF THE REQUEST BY ROBERT AND LINDA HARRIS FOR A VARIANCE TO ALLOW METAL EXTERIOR ON A RESIDENTIAL ACCESSORY STRUCTURE, PUBLIC HEARING CASE NO. V 99-16, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE HARDSHIP. THE HARDSHIP IS STRICTLY ECONOMIC. ACCORDING TO STATE STATUTE, ECONOMIC CONSIDERATIONS ALONE SHALL NOT CONSTITUTE AN UNDUE HARDSHIP IF REASONABLE USE FOR THE PROPERTY EXISTS UNDER THE TERMS OF THE ORDINANCE. A REASONABLE USE OF THE PROPERTY, DOES EXIST UNDER THE TERMS OF THE ORDINANCE. 2. THE HARDSHIP IS NOT CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY. THE HARDSHIP IS UNRELATED TO PROPERTY AND IS CAUSED BY A PURCHASING DECISION MADE BY THE APPLICANT. 3. THE LITERAL APPLICATION OF THE ORDINANCE WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT. A DRIVE THROUGH OF THE NEIGHBORHOOD IDENTIFIED ONE SMALL PORTABLE METAL STORAGE BUILDING. METAL EXTERIOR ACCESSORY BUILDINGS ARE ALLOWED AS LONG AS THEY ARE SMALLER THAN 120 SQUARE FEET. THERE ARE SEVERAL OTHER PROPERTIES IN THE AREA WHICH HAVE LARGE ACCESSORY STRUCTURES THAT DO NOT HAVE A METAL EXTERIOR. 4. ANY SPECIAL CONDITIONS OR CIRCUMSTANCES ARE A CONSEQUENCE OF THE PETITIONER'S OWN ACTIONS. Board of Adjustments Minutes November 23, 1999 Page 4 5. THE PROPOSED METAL EXTERIOR IS NOT IN KEEPING WITH THE STRUCTURES ON ADJACENT PROPERTIES AND THEREFORE CAUSES ADVERSE IMPACTS TO AESTHETICS. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Commissioner Schuster opposed. 6. Adjournment There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Board of Adjustments adjourned at 6:52 p.m. Respectfully submitted, Debbie Huebner Recording Secretary •