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08-28-2001 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 28, 2001 Members Present: Chair Pederson,Commissioners Baker,Franz,Mesich,Ropp and Schuster Members Absent: None Staff Present: Michele McPherson,Director of Planning;Charlie Wilson,City Attorney Representative, Terry Maurer, City Engineer; Scott Harlicker, Senior Planner; Chris Leeseberg, Park Planner/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 8/28/01 Board of Adjustments Agenda COMMISSIONER BAKER MOVED TO APPROVE THE AUGUST 28,2001, • BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 7/24/01 Board of Adjustments Minutes COMMISSIONER FRANZ TO APPROVE THE JULY 24,2001,BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4.1. Request by Henry and Shirley Hansen for Shoreland Setback Variance,Public Hearing- Case No. V 01-16 Staff report by Director of Planning Michele McPherson.The applicants request that the setback from the bluff line of the Elk River be reduced from the Shoreland Ordinance requirement of 30 feet down to 10 feet to allow construction of a walkout rambler at 18897 Waco.The applicants propose to remove the existing cabin and construct the new home in approximately the same location. The main structure will be 26 feet from the bluff and the 16'x 16'porch will be 10 feet from the bluff. Since the porch will be attached to the home and is required to have frost footings,it is considered part of the structure. Ms.McPherson reviewed each of the five conditions in the City's ordinance which must be met in order to grant a variance. Staff feels that the property is large enough(10 acres)that the home could be constructed in the open area in the northwest corner of the property without a basement and would meet many of the applicants'desires, especially for light. While staff is sympathetic to the Hansen's situation,they do not feel that the request meets the standards • necessary for granting a variance and recommends denial. Board of Adjustments Minutes August 28,2001 Page 2 • Commissioner Mesich asked who administers the Shoreland Ordinance. Ms.McPherson stated that the City of Elk River,by adopting the ordinance,takes on the responsibility of administering it. The DNR generally respects the City's interpretation of the ordinance and does not override their decision. Commissioner Franz asked if the home could be placed further back in order to be in compliance. Ms.McPherson stated that the house could be set back or,placed on the open space suggested by staff. Chair Pederson opened the public hearing. Shirley Hansen,applicant,stated that they plan to use the open space for a family hobby farm operation, and they did not want to construct their home in this location. She explained that if the house were constructed at the 30 foot setback,they would need to clear- cut a large number of trees, since space is needed for a large crane to setup the modular home. She felt their plan would cause the least amount of damage to the environment. Mrs. Hansen also explained that there is a foot trail down to the river and that the soil is mostly sugar sand and has never eroded. She added that there will be a 23 foot wide buffer of large trees left below the home on the bluff line to the river. Mrs.Hansen explained the health issues she and Mr.Hansen are dealing with which require that they build the type of house they are proposing. Mrs.Hansen read a portion of the Americans with Disabilities Act,stating that she felt their request meets ADA regulations. • There being no further public comment, Chair Pederson closed the public hearing. City Attorney,Charlie Wilson,explained that the Americans with Disabilities Act generally applies to public spaces and employment,not to residential homes. He stated that the Act was designed to prevent adverse impacts on the disabled. Commissioner Mesich expressed support the variance request,citing reasons including the necessity of this type of home for healthy living,minimal impacts on the property,and the need for a basement in Minnesota for safety reasons. He stated that a maintained yard on the bluff will help prevent erosion. Commissioner Baker opposed the variance,stating that given the health concerns of the applicants,they likely would not be able to access a basement in the future anyway. Commissioner Franz asked if the existing home was nonconforming. Ms.McPherson stated that it was. Commissioner Franz stated that he did not feel the request would cause a problem and supported the variance. Commissioner Pederson did not feel the condition of hardship could be met,since there are other possible locations for the home on the property. He did not feel that the applicants need for sunlight would be met by building the home in the trees. He did not feel the applicants would be deprived of rights enjoyed by others. Commissioner Mesich stated that it appears from the aerial photo that there are other homes • in the area which are closer than 30 feet to the shoreland. He asked City Engineer Terry Maurer if he would be able to estimate the distance of the other homes.Mr.Maurer stated that he could not make that determination from the aerial photo presented. Board of Adjustments Minutes August 28,2001 Page 3 Commissioner Franz stated he visited the site and that there are a number of trees in the northwest portion of the property as well,which would need to be removed to construct a home. Commissioner Ropp felt that since the house foundation was 26 feet from the bluff,it was only 4 feet from meeting the ordinance and could support the request. Ms.McPherson restated that the porch is considered part of the structure according to the building code. COMMISSIONER MESICH MOVED APPROVAL OF THE REQUEST BY HENRY AND SHIRLEY HANSEN FOR A VARIANCE TO THE SHORELAND SETBACK, CASE NO. V 01-06, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. THE HANSEN'S WOULD NOT ABLE TO BUILD THE TYPE OF HOME THEY NEED FOR HEALTHY LIVING,AND THAT A BASEMENT IS NECESSARY FOR LIVING IN THE AREA. 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,AS FOLLOWS: • - POSITIONING OF THE HOME ON THE PROPERTY IS RELATED TO THE ELEVATION OF THE PROPERTY. -THE LOCATION CHOSEN BY THE APPLICANT FOR PLACEMENT OF THE HOME PROVIDES MINIMAL IMPACT ON THE SHORELAND. -THE MAJOR PORTION OF THE HOME WILL BE LOCATED AT A 26 FOOT SETBACK. 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. THERE APPEAR TO BE AT LEAST TWO OTHER HOMES IN THIS AREA WHICH HAVE SIMILAR SETBACKS. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE PROPERTY HAS BEEN OWNED THE APPLICANTS FOR 50 YEARS, AND THE EXISTING HOME WAS CONSTRUCTED BEFORE THE CURRENT ORDINANCE WAS IN EXISTENCE. 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. Board of Adjustments Minutes August 28,2001 Page 4 COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 4-2. 6. Adjournment There being no further business,COMMISSIONER BAKER MOVED TO ADJOURN THE MEETING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Board of Adjustments adjourned at 7:09 p.m. Respectfully submitted, Debbie Huebner Recording Secretary • 41110