11-14-2000 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, NOVEMBER 14, 2000
Members Present: Chair Mesich, Commissioners Baker and Kuester. Commissioner
Chambers arrived at 6:45 p.m. Commissioner Schuster arrived at
7:10 p.m.
Members Absent: Commissioner Pederson
Staff Present: Steve 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 6:45 p.m. by Chair Mesich.
2. Consider 11/14/00 Board of Adjustments Agenda
COMMISSIONER KUESTER MOVED TO APPROVE THE NOVEMBER 14,2000, BOARD
• OF ADJUSTMENTS AGENDA. COMMISSIONER CHAMBERS SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
3.1. Request by Paul & Michelle Welinski for Setback Variance, Public Hearing-Case
No. V 00-4
Staff report by Steve Wensman. Paul and Michelle Welinski request an 18 foot
variance to the 150 foot shoreline setback from West Twin Lake in order to
construct a deck. Mr. Wensman explained that the original house on the
property was constructed prior to the shoreline ordinance in 1973. That house
was destroyed by fire in 1996. A building permit was issued in 1997 to rebuild the
house in its original location, and included sliding glass doors and a deck on the
rear of the house facing the lake. The deck was not constructed at that time,
however, and when the applicant applied for a deck permit this summer, they
were informed that they would need a shoreline setback variance. Staff feels
that the five findings necessary for granting a variance can be met and
recommends approval based on the findings listed in the staff report.
Chair Mesich opened the public hearing. There being no comments from the
public, Chair Mesich closed the public hearing.
Chair Mesich asked if the DNR has reviewed the variance request. Steve
Wensman stated that staff will verify DNR approval of the variance.
COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY PAUL AND
• MICHELE WELINSKI FOR A SHORELINE SETBACK VARIANCE, CASE NO. V 00-4, BASED
ON THE FOLLOWING FINDINGS:
Board of Adjustments
November 14,2000
Page 2
• 1. THE APPLICANT'S HARDSHIP IS THAT THE CITY ALLOWED THEM TO REBUILD ON
THE ORIGINAL FOUNDATION AND THE BUILDING PERMIT ISSUED IN 1997
INCLUDED A DECK IN THE SAME LOCATION THAT IS CURRENTLY BEING
PROPOSED.THE APPLICANT FEELS THEY HAD A REASONABLE EXPECTATION THAT,
EVEN THOUGH THE DECK WAS NOT CONSTRUCTED AT THE SAME TIME AS THE
HOUSE,THEY COULD BUILD A DECK AT A FUTURE DATE AS SHOWN ON THE
APPROVED BUILDING PERMIT. IF THEY WOULD HAVE CONSTRUCTED THE DECK AT
THE SAME TIME AS THE HOUSE,THEY WOULD NOT BE BEFORE THE BOARD OF
ADJUSTMENT WITH THIS VARIANCE REQUEST.
2. THE HARDSHIP IS PECULIAR TO THIS PROPERTY IN THAT NO OTHER PROPERTIES IN
THIS AREA ARE IN THE SAME SITUATION AS THIS ONE, IN THAT THE HOUSE WAS
DESTROYED AND THEY WERE ALLOWED TO REBUILD ON THE ORIGINAL
FOUNDATION.
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. IT IS NOT UNUSUAL, IN FACT IT
IS QUITE COMMON, FOR LAKESHORE HOMES TO HAVE DECKS FACING THE LAKE.
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE
OF THE PETITIONER'S OWN ACTION OR INACTION. IT IS A CONSEQUENCE OF
RELYING ON A PREVIOUS BUILDING PERMIT ISSUED BY THE CITY.
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 IN KEEPING WITH SPIRIT AND INTENT
OF THE ORDINANCE.
6. THE GRANTING OF THE VARIANCE IS NEEDED FOR REASONABLE USE OF THE
PROPERTY.
7. THE VARIANCE IS NOT BEING REQUESTED SOLELY ON THE BASIS OF ECONOMIC
CONSIDERATIONS.
8. THE PROPOSED HOUSE WOULD BE IN CHARACTER WITH THE SURROUNDING
PROPERTIES.
AND, WITH THE FOLLOWING CONDITION:
1. THE PROPERTY OWNER SHALL BE RESTRICTED FROM ENCLOSING THE DECK OR
CONVERSION OF THE DECK TO A THREE OR FOUR-SEASON PORCH.
COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6. Adjournment
There being no further business, COMMISSIONER KUESTER MOVED TO ADJOURN THE
MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
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Board of Adjustments
November 14,2000
Page 3
• The meeting of the Elk River Board of Adjustments adjourned at 6:56 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary
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