05-26-2015 BA MINMeeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, May 26, 2015
Members Present: Chair Eric Johnson, Commissioners Jeremy Johnson, Jill Larson -Vito, Nark
Konietzko and Brad Thiel
Members Absent: Commissioners Crook and Christianson
Staff Present: Park Planner /Planner Chris Leeseberg, Planner Zack Carlton and Sr.
Administrative Assistant Debbie Huebner
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 5126115 Agenda
Moved by Commissioner Johnson and seconded by Commissioner Konietzko to
approve the May 26, 2015 Board of Adjustments agenda. Motion carried 5 -0.
4.1 Consider 4/28/2015 Board of Adjustments Minutes
Motion by Commissioner Larson -Vito and seconded by Commissioner Johnson to
approve the April 28, 2015 Board of Adjustments Minutes. Motion carried 5 -0.
5.1 Request by Washington Street Investors /Judith Hidde for 8 -ft. wetland
setback (rear yard) Variance to construct deck, 14243 183rd Lane NW, Case
No. V 15 -07 — Public Hearing
Zack Carlton presented the staff report.
Commissioner Konietzko asked where the back property line was located. Mr. Carlton
reviewed the location. Commissioner Theel asked if the property owner would be able to
mow the area under the deck. Mr. Carlton stated that no mowing is allowed in the wetland
setback area.
Commissioner Larson -Vito asked if the units will have a walkout. Mr. Carlton stated yes,
but that they cannot encroach into the wetland beyond the 4 ft. concrete pad. Commissioner
Board of Adjustments Minutes Page 2
May 26, 2015
Larson -Vito asked if the new units recently approved in this same area will have decks. Mr.
Carlton stated that no variance will be required for those lots and decks have been included
in the plans submitted.
Commissioner Konietzko asked if the plans for these lots complied with the setbacks when
they were first submitted. Mr. Carlton stated that there have been no changes to the lot sizes
since they were platted in 2004. He explained that the ordinance establishing the wetland
buffers was adopted in 2006, so a variance would not have been required in 2004.
Chair Johnson opened the public hearing.
Kate Hanson, 14255 183`d Lane NW, stated she spoke with the city's environmental
technician, Kristin Mroz, about seepage of sand into the wetland and damage to the oak
trees during development, and the potential for further impacting the wetlands. She stated
she would like the new decks to match the existing white decks, but they are now building
brown ones.
Barbara Brown, 14247 183`d Lane NW, applicant for Item 5.2, stated that she was told she
could have a deck when she purchased her home and was not aware of any potential
problems. She stated that she plgnts in pots and will not be planting in the buffer area.
Judith Ndde, applicant, stated that she worked with the U.S. Fish & Wildlife to restore
wetlands on her former 80 -acre property and has no intention of disturbing the wetland.
Roger Derrick, Washington Street Investors (co- applicant), stated that Mroz explained to
him that no maintenance meant no mowing, cutting, or applying fertilizers and pesticides.
Mr. Derrick explained that the reason more extensive excavation was done during
development was because of the buckthorn removal and the need to get rid of the roots. He
stated that the back yards are currently not much more than dirt 15 to 20 feet back and he
would like to plant native grasses and plantings. He stated that the variance will allow
construction of a 12 ft. by 16 ft. deck with three supporting posts. He stated he would like
to be able to put in a 9 -ft. patio slab with approximately 3 ft. of crushed rock around the
patio. He stated that natural grasses he proposes would not be mowed. Mr. Derrick stated
he would request his landscaper to meet with city staff to determine appropriate plantings.
Mr. Carlton stated he did not believe Ms. Mroz was aware of Mr. Derrick's plan for the
patios and crushed rock area.
Ms. Hidde stated that she agreed the new decks being constructed are not white like the
existing ones, but that the new ones are dark brown with metal railings and are not obtrusive
and blend in well with the neighborhood.
There being no further public comment, Chair Johnson closed the public hearing.
Commissioner Konietzko questioned whether or not the patio mentioned by Mr. Derrick
should be considered with this variance. Commissioner Theil stated that this request is only
for the 3 posts. Chair Johnson stated that they should act on the request as submitted. Mr.
Derrick stated that the board could act on this request and he could submit a plan for the
patio. Mr. Carlton stated that an additional variance would likely be needed for the patio.
Board of Adjustments Minutes Page 3
May 26, 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 Larson Vito
that the request meets 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.
The petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance
Motion by Commissioner Larson -Vito and seconded by Commissioner Johnson
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 Larson -Vito and seconded by Commissioner Larson-
Vito 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 Larson -Vito and seconded by Commissioner Johnson
that the request meets Criteria #5. Motion carried 5 -0.
Motion by Commissioner Johnson and seconded by Commissioner Larson -Vito to
approve the request by Washington Street Investors /Judith Hidde for an 8 -ft.
wetland setback (rear yard) Variance to construct deck, 14243 183`a Lane NW, Case
No. V 15 -07, based on the finding that all five criteria can be met, with the following
conditions:
1. The area beneath the deck and within the 25 -foot setback is not to be maintained
as yard area (no mowing, no planting, no landscaping) and must be left to grow
naturally.
2. The 25 -foot buffer area must be signed to identify the buffer edge and note that
maintenance is not permitted within the area.
Motion carried 5 -0.
5.2 Request by Washington Street Investors /Barbara Brown for 8 -ft. wetland
setback (rear yard) Variance to construct deck, 14247 183rd Lane NW —
Public Hearing — Case No. V 15 -08
Board of Adjustments Minutes Page 4
May 26, 2015
Chair Johnson opened the public hearing. There being no public comment, Chair Johnson
closed the public hearing.
Motion by Commissioner Johnson and seconded by Commissioner Larson -Vito to
approve the request by Washington Street Investors /Barbara Brown for an 8 -ft.
wetland setback (rear yard) Variance to construct a deck, 14247 183a Lane NW, Case
No. V 15 -08, based on the finding that all five criteria can be met, as determined in
Item 5.2, with the following conditions:
1. The area beneath the deck and within the 25 -foot setback is not to be
maintained as yard area (no mowing, no planting, no landscaping) and must
be left to grow naturally.
2. The 25 -foot buffer area must be signed to identify the buffer edge and note
that maintenance is not permitted within the area.
Motion carried 5 -0.
6. General Business — There was no general business.
7. Announcements
There were no announcements.
8. Adjournment
There being no further business, Chair Eric Johnson adjourned the meeting of the Elk River
Board of Adjustments at 7:10 p.m.
Eric Johnson
Planning Commission Chair
Tina Allard, City Clerk