09-25-2001 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, SEPTEMBER 25, 2001
Members Present: Chair Pederson, Commissioners Baker,Franz and Ropp
Commissioner Schuster arrived at 6:34 p.m.
Members Absent: Commissioner Mesich
Staff Present: Michele McPherson,Director of Planning;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 9/25/01 Board of Adjustments Agenda
COMMISSIONER BAKER MOVED TO APPROVE THE SEPTEMBER 25,2001,
BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER FRANZ
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
411 3.1. Consider 8/28/01 Board of Adjustments Minutes
COMMISSIONER BAKER MOVED TO APPROVE THE AUGUST 28,2001
MINUTES WITH THE FOLLOWING CHANGES:
-ITEM 4.1. PAGE 2. -ADD THE FOLLOWING: COMMISSIONER BAKER
STATED THAT HE FELT THE APPLICANT HAD OTHER OPTIONS FOR
LOCATING THE HOME ON THE PROPERTY.
-ITEM 4.1. PAGES 3. AND 4. - COMMISSIONER MESICH MOVED
APPROVAL.... COMMISSIONER FRANZ SECONDED THE MOTION.
COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
4.1. Request by Jamie and Sandy Slocum for a Variance,Public Hearing-Case No.V 01-06
Staff report by Chris Leeseberg. Jamie and Sandy Slocum, 20020 Gary Street,have
requested a variance to the 20 foot side yard setback in order to construct a 14 foot wide
addition to their existing attached garage. The minimum lot size in this zoning district is 2'/
acres,however,the Countryside Acres subdivision was approved with average lots sizes of
one acre prior to the adoption of the Rla zoning. The proposed garage addition would be
10 feet from the adjacent property line.Typically,one-acre lots in the City have a garage side
setback of 5 feet. Staff feels that the applicant meets the five findings necessary for granting
• a variance. Mr. Leeseberg reviewed these findings.
Board of Adjustments Minutes
September 25,2001
Page 2
Commissioner Schuster arrived at this time (7:34 p.m.)
• Commissioner Franz asked when Countryside Acres was platted. Ms.McPherson stated that
it was platted sometime before the City and Township were consolidated in 1978.
Chair Pederson opened the public hearing.
Robert Kampa, 13273 200th Avenue NW,asked for clarification as to which setback the
variance would affect. He expressed his concern that locating the addition closer to the
street would affect site lines,and any future street improvements. Mr.Leeseberg explained
that the applicant proposed to construct an addition to the side of his existing garage and the
front setback would remain the same.
There being no further public comment, Chair Pederson closed the public hearing.
Chair Pederson asked how close the neighboring home is to the property line. Mr.Slocum
stated that the home is 36 feet from the property line and that there is approximately 50 feet
between the two homes.
COMMISSIONER BAKER MOVED APPROVAL OF THE REQUEST BY JAMIE
AND SANDY SLOCUM FOR A VARIANCE TO THE 20 FOOT SIDE YARD
SETBACK, CASE NO.V 01-06, BASED ON THE FOLLOWING FINDINGS:
1. THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE
UNDUE HARDSHIP IN THAT THE ADDITIONAL GARAGE SPACE IS
NEEDED IN ORDER TO CLEAN UP THE PROPERTY AND PROVIDE
• INDOOR STORAGE OF PERSONAL POSSESSIONS.THE CODE ALLOWS
UP TO 2,000 SQUARE FEET OF ACCESSORY BUILDING AREA, WITH
THE PROPOSED ADDITION THE APPLICANT WILL HAVE 1,148
SQUARE FEET OF ACCESSORY BUILDING AREA, WELL UNDER THE
2,000 SQUARE FEET ALLOWED BY CODE.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND
CIRCUMSTANCES THAT ARE PECULIAR TO THE LAND IN THAT THE
TERRAIN,THE WETLAND,LOCATION OF THE SEPTIC SYSTEM AND
EXISTING VEGETATION LIMIT POSSIBLE LOCATIONS FOR A
STORAGE BUILDING.
3. OTHER LOTS IN THE AREA DO NOT HAVE THE SAME
CHARACTERISTICS THAT LIMIT THE LAND THAT IS AVAILABLE TO
CONSTRUCT ADDITIONAL GARAGE SPACE.
4. THE SPECIAL CONDITIONS ARE NOT A CONSEQUENCE OF THE
APPLICANT'S ACTIONS OR INACTION.THE SPECIAL CONDITIONS
RELATE TO THE PHYSICAL CHARACTERISTICS OF THE SITE AND
THE LOCATION OF THE HOUSE.
5. THE GRANTING OF THIS VARIANCE WOULD NOT ADVERSELY
AFFECT THE HEALTH,SAFETY OR WELFARE OF THE RESIDENTS OF
THE CITY OR THE NEIGHBORHOOD.
• COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION
CARRIED 4-1. Commissioner Franz opposed.
Board of Adjustments Minutes
September 25,2001
Page 3
• 6. Adjournment
There being no further business,COMMISSIONER BAKER 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 6:49 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary
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