01-23-2001 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, JANUARY 23, 2001
Members Present: Chair Mesich, Commissioners Baker, Chambers, Johnson, Pederson
and Ropp
Members Absent: Commissioner Schuster
Staff Present: Michele McPherson, Director of Planning;Scott Harlicker, Assistant
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 1/23/01 Board of Adjustments Agenda
COMMISSIONER PEDERSON MOVED TO APPROVE THE JANUARY 23,2001, BOARD
OF ADJUSTMENTS AGENDA. COMMISSIONER BAKER SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
• 3.1. Request by Moldenhauer Custom Homes for Variance to Maximum Driveway
Width, Public Hearing-Case No. V 01-01
Staff report by Scott Harlicker. Moldenhauer Custom Homes requests an 8'
variance to the maximum driveway width of 30 feet at the front property line for
property located at 17833 Concord Street (Lot 13, Block 3, Mississippi Oaks 2nd
Addition). Mr. Harlicker reviewed the five findings required for granting a
variance. A letter from the applicant was distributed to the Commission which
stated the applicant's case for hardship. Staff recommends denial of the
variance based on findings listed in the staff report dated January 23, 2001.
Commissioner Baker asked if a 30 foot driveway was shown on the building plans.
Mr. Harlicker stated that it was shown as 30 feet, and that the building inspector
noticed that it was wider than 30 feet when he was doing his inspection.
Commissioner Ropp asked if the driveway was already installed. Mr. Harlicker
stated that it was completed. Commissioner Ropp asked if the garage was larger
than normal. Mr. Harlicker stated that the garage doors and the garage were
sized larger. Commissioner Pederson asked if there were any other over-size
driveways in the neighborhood. Mr. Harlicker stated that he was not aware of
any others.
Chair Mesich opened the public hearing.
Gordon Moldenhauer, applicant,stated that he was not aware of the maximum
driveway width when he installed the driveway. He explained that the
homeowner requested the additional width because he entertains quite a bit
and needs the additional parking area. Also, he felt it was safer to back out of
• the driveway straight onto the street, rather than trying to follow a curve. He felt it
would be a tremendous burden to change the driveway at this point.
Chair Mesich asked if Mr.Moldenhauer was aware that a 30 foot driveway was
shown on the building plan. Mr. Moldenhauer stated he was not aware of the
size of the driveway on the building plan.
Commissioner Pederson asked how long Mr. Moldenhauer has been building in
Elk River. Mr. Moldenhauer stated that he has been building in Elk River for three
years. Commissioner Pederson asked if this was the first time he has encountered
this problem. Mr. Moldenhauer stated that this is the first time he had a request
for a 38 foot driveway and was not aware of the City's 30 foot limit. Mr.
Moldenhauer stated that he is asking for the Board's approval, since the
driveway is already in place, and because of the fact that this lot is wider than
the other lots in this area.
Commissioner Baker stated that although he could empathize with the
applicant's dilemma, he did not fee the request meets the findings necessary for
granting a variance.
Mr. Moldenhauer stated that he would be willing to sign a document which states
he will not allow this situation to happen again.
Chair Mesich stated that he agreed the request did not meet the variance
• standards for approval and that it is the Board's responsibility to enforce the
ordinance. Chair Mesich noted that if the Planning Commission denied the
variance, it would be automatically forwarded to the City Council for appeal.
Commissioner Johnson stated that he felt a 30 foot driveway is a large enough
opening onto a public street and that is why the ordinance was established. Mr.
Moldenhauer stated that this is a very large house (over$600,000) and is
proportional to the driveway.
There being no further public comment, Chair Mesich closed the public hearing.
Commissioner Chambers asked if this request would be handled differently if Mr.
Moldenhauer had asked for the additional driveway width before constructing it.
Mr. Harlicker stated that the variance process would be the same. Commissioner
Chambers asked if pavers could be installed where the additional concrete were
removed. Mr. Harlicker stated that pavers would be considered a driveway
surface.
Commissioner Pederson stated that he felt the same standards should apply,
whether it was a $50,000 home or a $600,000 home.
COMMISSIONER BAKER MOVED DENIAL OF THE REQUEST BY MOLDENHAUER
CUSTOM HOMES FOR A VARIANCE TO THE MAXIMUM DRIVEWAY WIDTH BASED ON
THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE
• HARDSHIP.
• 2. THERE IS NO HARDSHIP NOR ARE THERE ANY 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
NOT DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN
THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE.
4. THERE ARE NO SPECIAL CONDITIONS AND CIRCUMSTANCES. THE NEED FOR
THIS VARIANCE IS SOLELY A CONSEQUENCE OF THE PETITIONER'S OWN
ACTION.
5. THE VARIANCE WOULD BE DETRIMENTAL TO THE NEIGHBORHOOD IN THAT
OVER 1/3 OF THE FRONT YARD WIDTH WOULD BE PAVED, WHICH IS EXACTLY
WHY THE MAXIMUM DRIVEWAY WIDTH WAS ADOPTED.THE VARIANCE IS
NOT IN KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE.
COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
6. Adjournment
There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN THE
MEETING. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:55 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary
•