Loading...
02-27-2001 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 27, 2001 Members Present: Chair Mesich, Commissioners Baker, Chambers, Johnson, Pederson, Ropp and Schuster Members Absent: None 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 2/27/01 Board of Adjustments Agenda COMMISSIONER PEDERSON MOVED TO APPROVE THE FEBRUARY 27, 2001, BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 7-0. • 3. Consider 1/23/01 Board of Adjustments Minutes COMMISSIONER PEDERSON TO APPROVE THE JANUARY 23, 2001, BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4.1. Request by Clifford Lundberg for Appeal of Administrative Denial of Request to Replace Nonconforming Garage Structure, Case No. V 01-02 Staff report by Michele McPherson. Clifford Lundberg is requesting that the Board of Adjustments overturn staff's denial to allow him to replace a garage structure at 624 Jackson Avenue. The property is located in the C 1 (Central Business) zoning district. Ms. McPherson explained staff's interpretation of the request and basis for denial. She noted that the intent of the district is to promote commercial use and staff feels approval of the request would be encouraging a nonconforming use to exist, even though the request is for garage, not a residence. Cliff Lundberg,400 Jackson Avenue,stated that he feels staff is being unduly restrictive in interpreting the ordinance. He stated a home is nearly uninhabitable without a garage in this climate. Mr. Lundberg explained that the subject property (624 Jackson) has been used as a residence for approximately 70 years. Mr. Lundberg questioned whether his home is in the Cl district. He did not feel the map would have been drawn to include a single family home in commercial district. He felt the ordinance allows alterations of a nonconforming residence when improving its livability, provided that it does not include the number of Board of Adjustments Minutes February 27,2001 Page 2 • dwelling units. He stated that the existing garage structure is not large enough to handle today's size car, especially not the van that he drives. The existing garage, lean-to, and two storage sheds will be removed and replaced with a garage that will take up approximately the same footprint. Mr. Lundberg stated that he feels a garage would be an accessory use in the Cl district. He asked that the Commission allow him reasonable use of his property and approve his request to construct a garage. Chair Mesich asked what uses are allowed in the C2 office district. Ms. McPherson read the uses from the ordinance. Commissioner Baker asked what a garage would be considered. Ms. McPherson stated that a garage would be considered a residential accessory use. Chair Mesich asked Mr. Lundberg if the home was his personal residence and if he had office space there. Mr. Lundberg stated that he rented out the house in the past, but that he is currently living in there himself, but he does not have office space there. Commissioner Baker asked if Mr. Lundberg felt the garage should be allowed as an alteration to an existing residential home, or, as an accessory use in a C2 zoning district. Mr. Lundberg stated that he felt it could be either. Commissioner Pederson asked where the house is located on the property. Mr. Lundberg stated that the house faces 4th Street with a driveway adjacent to it, then a three foot wall, and next to that is the office building. Commissioner Schuster stated that he agreed with Mr. Lundberg that this is an odd property to be in the Cl district. He supported alterations to improve the property and felt the variance hardship standards do apply. Chair Mesich stated that the applicant is not requesting a variance. Mr. Lundberg stated that he would request a variance if the Commission agrees with staff's interpretation that it cannot be allowed under the current ordinance. Commissioner Pederson stated that he felt a new garage would be a dramatic improvement to the property. He felt that the existing vacant Cl and C2 space on Jackson would be more desirable than this property off of 4th Street. He did not feel the request would intensify the residential use and would simply make it more livable. Commissioner Baker questioned what "more livable" means. Ms. McPherson stated that she would interpret more livable to mean bringing a dwelling unit up to current code, or some interior alterations to make it more comfortable for the people living there. Commissioner Baker asked if,when a property becomes nonconforming, is the intent to try to motivate a change to a conforming use. Ms. McPherson stated that she was not aware of the circumstances surrounding the zone change. Typically,when a zone change is implemented, a city has different goals in mind for the ultimate use of a property,while allowing an existing use to continue. Commissioner Baker stated that he would interpret that improvement of a • nonconforming use works against a city's desire for the highest and best use of a property. Ms. McPherson added that by allowing new investment in the property, Board of Adjustments Minutes February 27,2001 Page 3 • the value of the property goes up and it becomes more expensive to redevelop the property as a permitted use. Ms. McPherson noted that all the residential properties along 4th Street in this area are zoned C2, as well. Commissioner Ropp stated that it appears the subject property is the only residence along 4th Street included in the Cl zoning district. He agreed that a new garage would be an improvement to what is there now and he felt having a place to park a vehicle in the winter time makes a home more livable. Chair Mesich stated that if the applicant chose to move his office to front of the residence and live in the back, it would become a conforming use and the garage would be allowed. He stated he supported the request. City Attorney Peter Beck suggested that the Commission include findings for their decision when a motion is made. COMMISSIONER PEDERSON MOVED TO APPROVE THE REQUEST BY CLIFFORD LUNDBERG TO APPEAL THE ADMINISTRATIVE DENIAL OF HIS REQUEST TO REPLACE A NONCONFORMING GARAGE STRUCTURE AT 624 JACKSON AVENUE BASED ON THE FOLLOWING FINDINGS: - LACK OF OFF STREET PARKING ON THE SITE COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-1. Commissioner Baker opposed. • 5. Adjournment There being no further business, COMMISSIONER CHAMBERS MOVED TO ADJOURN THE MEETING. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Board of Adjustments adjourned at 6:57 p.m. Respectfully submitted, I ? � - ill 12. __ Debbie Huebner Recording Secretary •