06-26-2001 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY,JUNE 26, 2001
Members Present: Chair Pederson,Commissioners Franz,Mesich,Ropp and Schuster
Members Absent: Commissioner Baker
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 Pederson.
2. Consider 6/26/01 Board of Adjustments Agenda
COMMISSIONER MESICH MOVED TO APPROVE THE JUNE 26, 2001,
BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER FRANZ
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
3. Consider Request by Joe and Linda Miske for Variance,Public Hearing—Case No.V 01-03
Staff report by Michele McPherson. The applicants request a variance to reduce the side
yard setback for an accessory structure from 20'to 13',in order to construct a 10'addition
to an existing detached accessory structure in the Meadowvale Forest subdivision. Ms.
McPherson explained that the property line runs at an angle,the building was not set back
parallel from the lot line and currently does not meet the current setback requirements for
this zoning district. She noted that the request was generated by a neighbor complaining
about Mr.Miske's motor home being parked outside. The proposed addition will allow the
applicant to park his motor home inside. Ms.McPherson reviewed the location of existing
structures on the site and the proposed addition,noting that there is adequate separation
between the buildings. A video of the site was shown at this time. Staff recommends
approval of the side yard setback variance from20'to 13'to allow a 10'addition to the front
of the existing accessory structure. Ms. McPherson reviewed the criteria for granting a
variance.
Commissioner Mesich asked what the maximum height restriction is in this district. Ms.
McPherson stated that the limit is 35 feet,and that the proposed addition would be well
under that restriction.
Chair Pederson opened the public hearing.
Joe Miske,20431 Meadowvale Road,applicant,stated that the adjacent lot was originally
part of his property and was split,which is the reason the accessory structure is not parallel
to the lot line and does not meet the setbacks. He stated that the roof of the addition will
• only be five feet higher than the existing structure.
Board of Adjustments Minutes
June 26,2001
Page 2
411 There being no further public comment, Chair Pederson closed the public hearing.
Commissioner Franz asked if the Miske's have spoken with the neighbors. Mr.Miske noted
that his neighbors have stated they have no problem with the variance,if the Board of
Adjustments approves it.
COMMISSIONER FRANZ MOVED APPROVAL OF THE REQUEST BY JOE
AND LINDA MISKE FOR A 7'SIDE YARD SETBACK VARIANCE,CASE NO.V
01-03, BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD PREVENT AN
ADDITION TO THE DETACHED ACCESSORY STRUCTURE. HOWEVER,
THERE IS ADEQUATE SPACE ON THE SITE AT THIS TIME AND THE
ADDITION IS PROPOSED IN ORDER TO RESOLVE A COMPLAINT FROM
AN ADJACENT PROPERTY OWNER.
2. THE HARDSHIP CAN BE CONSIDERED THE SKEW OF THE PROPERTY
LINE AND THE LOCATION AND THE PLACEMENT OF THE GARAGE IN
RELATIONSHIP TO THE PROPERTY LINE. THE DETACHED
STRUCTURE WAS CONSTRUCTED BY A PREVIOUS OWNER NOT IN
COMPLIANCE WITH THE SETBACK REQUIREMENTS. THE LOCATION
OF THE STRUCTURE IS NOT THE FAULT OF THE APPLICANT.
3. THE LITERAL APPLICATION OF THE ORDINANCE WOULD REQUIRE
THE APPLICANT TO DETERMINE AN ALTERNATE LOCATION FOR THE
PROPOSED ADDITION, OR TO REMOVE THE ACCESSORY STRUCTURE
ENTIRELY AND REPOSITION IT ON THE SITE TO COMPLY WITH THE
• SETBACK REQUIREMENTS. THE STRUCTURES ON SITE FAR EXCEED
THE REMAINING SETBACK REQUIREMENTS FOR THE R1A DISTRICT.
4. THE SPECIAL CIRCUMSTANCES WERE CAUSED BY THE PREVIOUS
OWNER'S CHOICE OF LOCATION FOR THE DETACHED STRUCTURE.
5. GRANTING THE VARIANCE WOULD NOT ADVERSELY AFFECT THE
ADJACENT PROPERTY OWNER TO THE SOUTH,AS THE DETACHED
STRUCTURE IS LOCATED SLIGHTLY IN FRONT OF THE ADJACENT
GARAGE,THE CLOSEST STRUCTURE. THERE IS ADEQUATE
SEPARATION BETWEEN STRUCTURES FOR FIRE PREVENTION
PURPOSES.
COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
5. Adjournment
There being no further business, COMMISSIONER MESICH MOVED TO
ADJOURN THE MEETING. COMMISSIONER FRANZ SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:44 p.m.
Respectfully submitted,
• Debbie Huebner
Recording Secretary