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04-28-2015 BA MINMeeting of the Elk River Board of Adjustments Held at the Elk River City Hall Tuesday, April 28, 2015 Members Present: Chair Eric Johnson, Commissioners Garrett Christianson, Jill Larson -Vito and Brad Thiel Members Absent: Commissioners Crook and Konietzko Staff Present: Park Planner /Planner Chris Leeseberg, Planner Zack Carlton and Sr. Administrative Assistant Debbie Huebner 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 Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 04/28/15 Agenda Moved by Commissioner Johnson and seconded by Commissioner Thiel to approve the April 28, 2015 Board of Adjustments agenda. Motion carried 5 -0. 4.1 Consider 03/24/2015 Board of Adjustments Minutes Motion by Commissioner Johnson and seconded by Commissioner Thiel to approve the March 24, 2015 Board of Adjustments Minutes. Motion carried 5 -0. 5.1 Request by Mathew Mellenthin for a 5 -foot wise yard setback variance to construct garage at 14148 202nd Ave. NW, Case No. V 15 -05 — Public Hearing Mr. Leeseberg presented the staff report and reviewed the findings provided by the applicant. Chair Johnson opened the public hearing. Mathew Mellethin, applicant, stated that he was available to answer questions. There being no one to speak to this issue, Chair Johnson closed the public hearing. Board of Adjustments Minutes Page 2 April 28, 2015 The Board of Adjustments reviewed the five criteria as follows: 1. Is in harmony with the general purpose and intent of the ordinance. Motion by Commissioner Johnson and seconded by Commissioner Christianson that the request does not meet Criteria #1. Motion carried 5 -0. 2. Is consistent with the City of Elk River comprehensive plan. Motion by Commissioner Johnson and seconded by Commissioner Larson - Vito that the request meets Criteria #2. Motion carried 5 -0. 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance Motion by Commissioner Johnson and seconded by Commissioner Christianson that the request meets Criteria #3. Motion carried 5 -0. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction. Motion by Commissioner Johnson and seconded by Commissioner Christianson that the request meets Criteria #4. Motion carried 5 -0. 5. The variance, if granted, will not alter the essential character of the locality. Motion by Commissioner Christianson and seconded by Commissioner Johnson that the request meets Criteria #5. Motion carried 5 -0. Motion by Commissioner Larson -Vito and seconded by Commissioner Christianson to approve the request by Mathew Mellenthin for a 5 -foot side yard setback variance, based on the finding that all five criteria can be met. Motion carried 5 -0. 5.2 Request by GATR Truck Center for a 20 -foot sign height variance to allow a 50 -foot high pylon sign, Case No. V 15 -06 — Public Hearing The staff report was presented by Zack Carlton. He noted that he did not receive comments from the applicant on the five criteria that must be met to approve the variance. Chair Johnson asked what was the height of the Cornerstone Auto and the Kia signs. Mr. Carlton stated the signs are 30 feet high. Chair Johnson opened the public hearing. Tom Bruce, Winkleman Building Corporation, stated that he was representing the applicant, GATR Truck Center. Mr. Bruce noted that GATR Truck Center has other properties with taller signs. He stated that the St. Cloud site has a sign 70 feet in height and the Des Moines sign is 100 ft. tall. He stated that this is a large site and there will only be one sign. Mr. Bruce discussed why they felt the five criteria can be met. Board of Adjustments Minutes Apri 28, 2015 Page 3 Tim Decklan, Decklan Group, stated that other buildings in the area will be approximately 30 feet in height and a 30 -foot sign would be masked by the buildings, reducing visibility. Mr. Carlton noted that billboards are limited to 35 feet in height. He also noted that the applicant will also be having a monument sign and two wall signs. There being no other comment, Chair Johnson closed the public hearing. 1. Is in harmony with the general purpose and intent of the ordinance. Motion by Commissioner Johnson and seconded by Commissioner Christianson that the request does not meet Criteria #1. Motion carried 5 -0. 2. Is consistent with the City of Elk River comprehensive plan. Motion by Commissioner Johnson and seconded by Commissioner Larson - Vito that the request does not meet Criteria #2. Motion carried 5 -0. 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance Motion by Commissioner Johnson and seconded by Commissioner Larson - Vito that the request does not meet Criteria #3. Motion carried 5 -0. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction. Motion by Commissioner Johnson and seconded by Commissioner Thiel that the request does not meet Criteria #4. Motion carried 5 -0. 5. The variance, if granted, will not alter the essential character of the locality. Motion by Commissioner Johnson and seconded by Commissioner Larson - Vito that the request does not meet Criteria #5. Motion carried 5 -0. Motion by Commissioner Larson -Vito and seconded by Commissioner Johnson to deny the request by GATR Truck Center for a 20 -foot sign height variance, based on the finding that none of the five criteria for granting a variance can be met. Motion carried 5 -0. 6. General Business — There was no general business. 7. Announcements There were no announcements. 8. Adjournment Board of Adjustments Minutes April 28, 2015 Page 4 There being no further business, Chair Eric Johnson adjourned the meeting of the Elk River Board of Adjustments at 7:05 p.m.