06-27-2000 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, JUNE 27, 2000
Members Present: Chair Mesich, Commissioners Baker, Chambers, Kuester, Morphew,
Pederson. Commissioner Schuster arrived at approximately 6:45
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 6/27/00 Board of Adjustments Agenda
COMMISSIONER CHAMBERS MOVED TO APPROVE THE JUNE 27, 2000, BOARD OF
ADJUSTMENTS AGENDA. COMMISSIONER MORPHEW SECONDED THE MOTION. THE
• MOTION CARRIED 6-0.
3. Request by Ridgewood Homeowner's Association for sign setback variance,
Public Hearing-Case No. V 00-2
Ridgewood Homeowner's Association has requested a variance to reduce the
required sign setback from a property line from 10 feet to zero feet in order to
reinstall the Ridgewood development sign. Ms. McPherson explained that a sign
was originally installed without a permit and on the property line which was
knocked down by a car in the winter of 1999. Staff recommended approval of
the variance, citing the findings listed in the staff report, and added a condition
that an easement for the sign be obtained from the property owner.
Commissioner Baker asked if the sign would be in the same location. Ms.
McPherson stated that it would be.
Commissioner Chambers asked if the sign would be changed. Ms. McPherson
stated that it would be the same sign which was up previously.
Chair Mesich opened the public hearing. There being no comments from the
public, Chair Mesich closed the public hearing.
Chair Mesich stated that he did not feel the finding could be met regarding
depriving the applicant of rights enjoyed by others, since the other development
sign referred to does meet the city's setback requirements. Also, he felt there
• were no special conditions since there are other monument style signs in the
neighborhood which likely required removal of the vegetation to maintain. He
Board of Adjustments Minutes
June 27,2000
1 Page 2
• questioned the finding that the variance would not be injurious since a car has hit
the sign in that location.
Gene Wipf, Director of the Ridgewood Homeowner's Association, explained that
in order to meet the 10 foot required setback, a number of large oak trees would
have to be removed. He noted that the previous Ridgewood sign was in that
location for 20 years, and the most recent one, for 5 years, and was only hit the
one time.
Commissioner Schuster arrived at this time (approximately 6:45 p.m.)
COMMISSIONER MORPHEW MOVED APPROVAL OF THE REQUEST BY RIDGEWOOD
HOMEOWNER'S ASSOCIATION FOR A VARIANCE TO THE SIGN SETBACK
REQUIREMENTS, CASE NO. V 00-2,WITH THE CONDITION THAT AN EASEMENT FOR
THE SIGN IS GRANTED TO THE HOMEOWNER'S ASSOCIATION, AND 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
III
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 PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0-1.
Commissioner Schuster abstained.
5. Adjournment
There being no further business, COMMISSIONER CHAMBERS MOVED TO ADJOURN
THE MEETING. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:46 p.m.
Re ectfully submitted,
k'�J4 qt.c
III Debbie Huebner
Recording Secretary