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01-29-2002 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, JANUARY 29, 2002 Members Present: Chair Pederson, Commissioners Baker,Franz,Mesich, and Ropp Commissioner Schuster arrived at 6:35 p.m. Members Absent: None Staff Present: Michele McPherson,Director of Planning;Peter Beck,City Attorney;Terry Maurer,City Engineer;Scott Harlicker,Assistant Planner;Debbie Huebner, Recording Secretary Also Present: Commissioners-Elect Jenson and Anderson 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 1/29/02 Board of Adjustments Agenda COMMISSIONER MESICH MOVED TO APPROVE THE JANUARY 29,2001, • BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Request by Mark Person for Variance to Reduce Front Yard Setback,Public Hearing-Case No. V 02-01 Staff report by Chris Leeseberg. Mark Person, 13726 189th Avenue (Camp Cozy 5th Addition),requests a variance to allow a house and garage addition to be built within the 35- foot front yard setback. Mr. Leeseberg reviewed the existing site conditions,proposed location of the addition,and the five findings necessary for granting a variance. Staff does not feel the five findings can be met and recommends denial of the variance request. Commissioner Franz asked why a.34 acre lot is located in the R1b District. Scott Harlicker, Planner,explained that the lot was established before the current zoning was adopted and that the lot was grandfathered in. Commissioner Baker asked if the home had a basement now. Mr. Leeseberg stated that there is no basement now. Mr.Leeseberg noted that a smaller basement could be built as shown in the alternative design suggested by staff,but that the applicant did not feel the size would meet their needs. Commissioner Mesich asked if staff felt the proposed addition would fit in with the other homes along 189th Avenue. Mr.Leeseberg stated the photos presented by the applicant do show homes and garages close to the street. • Board of Adjustments Minutes January 29,2002 Page 2 • Y _ Chair Pederson asked if staff was aware of any variances that were granted along 189th. Mr. Leeseberg stated that he did not find any on record,but there are obviously some structures that are within the setback. Discussion followed regarding possible alternatives for the addition. Commissioner Ropp asked when the current septic system was put in. Mr.Leeseberg stated that a new system was installed prior to the current owner purchasing the property and that it meets the City's size requirements for the proposed addition. Commissioner Franz asked if the applicant or staff had considered moving the septic system. Ms.McPherson,Director of Planning,stated that the system had to be placed where it was in order to meet building code setbacks,and that there really is no other suitable location for the septic system. Chair Pederson opened the public hearing. Mark and Leonora Person, applicants, reviewed their request. Mr. Person stated that they have signed petitions from the 6 other property owners on 189th Avenue,stating that they have no objection to the proposed addition and their request for a variance. Mr.Person discussed why he did not feel the alternatives proposed by staff would work for them. He noted that even though the proposed addition would only be 11 feet from the right-of-way, it would be 24— 25 feet from the actual roadway. Commissioner Baker asked if the Person's existing home is setback the farthest along 189th Avenue. Mr. Person stated that it was. • There being no further public comment, Chair Pederson closed the public hearing. Commissioner Baker did not feel there was sufficient evidence of hardship,but he agreed that the other findings can be met. Commissioner Ropp expressed his agreement. Commissioner Franz felt it was difficult to meet the finding for hardship. He did not feel that ignorance was an excuse and if the applicants had known what the setback requirements were when they purchased their home,they could have made more informed decision whether or not to buy. Commissioner Franz stated that the ordinance does not require a basement and that if the applicants needed more living space, he suggested some of the garage space be utilized. Commissioner Mesich stated that there are properties such as this one which were placed in a zoning district where they do not fit. He felt they need to look at variances for these areas and that this request meets the criteria for granting a variance. Commissioner Schuster agreed and stated that he felt the request meets the intent of the ordinance. Mr.Leeseberg noted that if the variance is granted,the addition must meet the building code setback from the septic system,and would mean that the addition must be setback 2 feet further than what is shown on the plans. Mr.Person stated that the additional 2 feet could be added on the opposite side in order to meet the septic system setback. Chair Pederson agreed that the request meets the findings for granting a variance and the fact that there are existing lots in this district that don't meet the zoning requirements. He felt that the proposed addition would greatly enhance the property. Board of Adjustments Minutes January 29,2002 Page 3 • COMMISSIONER BAKER MOVED TO APPROVE THE REQUEST BY MARK PERSON FOR A VARIANCE TO THE FRONT YARD SETBACK,CASE NO.V 02-01, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. 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. 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. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. 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. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Franz opposed. 4. Other Business-None 5. Adjournment There being no further business,COMMISSIONER BAKER MOVED TO ADJOURN THE MEETING. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Board of Adjustments adjourned at 7:05 p.m. Respectfully submitted, Debbie Huebner Recording Secretary