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03-26-2002 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 26, 2002 Members Present: Chair Pederson,Commissioners Baker,Franz,Jenson,Mesich and Ropp. Commissioner Anderson arrived at 6:35 p.m. Members Absent: None Staff Present: Michele McPherson,Director of Planning;Scott Harlicker,Senior Planner;Chris Leeseberg,Planner;Terry Maurer,City Engineer;Peter Beck, City Attorney; 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 3/26/02 Board of Adjustments Agenda COMMISSIONER FRANZ MOVED TO APPROVE THE MARCH 26, 2002, BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER MESICH • • SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3.1. Request by Ken&Tami Turner for Side Yard Setback Variance,Public Hearing—Case No. V 02-02 Staff report by Planner Chris Leeseberg. The applicants request that a variance be granted to reduce the side yard setback from five feet to zero feet to allow a garage addition at 557 7th Street. There is an existing 14 foot wide garage and the applicant is proposing a 14 foot addition. The applicant also plans to raise and widen the driveway to relieve drainage issues. Mr.Leeseberg reviewed building code and drainage issues,and the five findings necessary for granting a variance. Staff recommends denial of the variance request to build within the five foot setback, as there is an alternative design that could work within the required setbacks. Commissioner Baker arrived at this time (6:35 p.m.) Chair Pederson opened the public hearing. Ken Turner,applicant,557 7th Street,stated that a 10 foot addition would not be adequate and explained his reasons why. He stated that he would be willing to reduce the addition from 14 feet to 12 feet in width. Russ Anderson, 640 Irving Avenue, stated that he owns the vacant lot adjacent to the subject property. He stated that the vacant lot is a separate 60'wide buildable lot from the one on which his home is located. He stated that the trees on the property line would need • Board of Adjustments Minutes March 26,2002 Page 2 to be removed in order for Mr.Turner to build an addition. Mr.Anderson also noted that • he was concerned about drainage onto his property if the addition were built on the lot line. There being no further public comment, Chair Pederson closed the public hearing. Chair Pederson stated that most of the homes in this neighborhood have single car garages. He expressed his concern for removal of the trees and drainage onto Mr.Anderson's lot. Commissioner Franz concurred with Chair Pederson's comments and did not feel a hardship could be established. Commissioner Mesich stated that it appears a garage was constructed on or near the lot line on the other side of Mr. Turner's property. Mr.Turner stated that his neighbor's garage is approximately 2 feet away from the property line. He explained that his lot is 80 feet wide which is wider than most of the lots in his neighborhood. He assumed when he bought the property that he would be able to add an additional garage stall. COMMISSIONER BAKER MOVED TO RECOMMEND DENIAL OF THE REQUEST BY KEN AND TAMI TURNER FOR A SIDE YARD SETBACK VARIANCE, CASE NO. V 02-02, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT WOULD REQUIRE THE APPLICANT TO BUILD AN ADDITION THAT MAY NOT SUIT THEIR NEEDS. • 2. THERE ARE NO SPECIAL CONDITIONS PECULIAR TO THE PROPERTY. THERE IS ADEQUATE ROOM TO BUILD A TWO-CAR GARAGE THAT COMPLIES WITH THE SETBACK REQUIREMENTS. IN ADDITION,THE GARAGE COULD BE DEEPENED TO PROVIDE ADDITIONAL STORAGE AREA IF REQUIRED. 3. LITERAL APPLICATION OF THE ORDINANCE PROVISIONS WOULD NOT DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. THE APPLICANT HAS AN OPTION TO COMPLY WITH THE SETBACK REQUIREMENT OR TO REDUCE THE LEVEL OF ENCROACHMENT. 4. THE APPLICANT WAS AWARE OF THE GARAGE SIZE AT THE TIME OF PURCHASE. 5. THE REQUEST COULD ADVERSELY IMPACT OTHER PROPERTIES IN THE VICINITY. DRAINAGE,NORMALLY WITHIN THE FIVE FOOT SETBACK AREA, WOULD BE ON THE NEIGHBOR'S PROPERTY. TREES ALONG THE PROPERTY LINE WILL BE ADVERSELY AFFECTED DUE TO CONSTRUCTION, REGARDLESS OF WHICH PROPERTY THEY ARE LOCATED ON. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION 411 CARRIED 6-1. Commissioner Mesich opposed. Board of Adjustments Minutes March 26,2002 Page 3 3.2. Request by Beth and Mike Willoughby for Side Yard Setback Variance,Public Hearing- • Case No. V 02-03 Staff report by Chris Leeseberg. Beth and Mike Willoughby,19619 Tyler Street,request that a variance be granted to allow a pottery shed/studio to be within the 35 foot front yard setback and within the 20 foot side yard setback. Mr.Leeseb erg presented a video of the property, explaining that the property is very unique. He reviewed the location and construction of the proposed 12'x 16'pottery shed. He noted that the peak of the shed will be approximately at grade level of Tyler Street. Mr.Leeseberg reviewed the five findings necessary for granting a variance,and why staff felt each of the findings can be met in this case. Staff recommends approval of the variance. Chair Pederson opened the public hearing. Commissioner Mesich asked how much of a variance is being requested. Mr. Leeseberg explained that the variance would be for 8 feet from the side yard setback and 26 feet from the front yard setback. Mike Willoughby,applicant,19619 Tyler Street,explained the terrain of the site and why the site was chosen. Mr.Willoughby stated that his wife has health concerns that would make it difficult for her to navigate the steep slope if the shed where placed closer to the house. Commissioner Baker stated that he concurred that the applicant has very few options for placement of the shed and he is in agreement with staff's recommendation for approval. • Chair Pederson stated that he feels the lay of the land constitutes a hardship and felt is was appropriate to support the variance. Commissioner Franz stated that he did not support the finding of a hardship and felt that grading and excavation could resolve the issues with the steep slope. Chair Pederson felt grading of the site would create a significant impact on the site and the trees. Mr. Willoughby stated that he did consider excavation and ruled it out because of the location of the septic system and well head,and possible damage to the foundation of his home, if he excavated to the south. Commissioner Franz asked how high the peak of the roof would be beyond the guard rail on Tyler Street. Mr.Willoughby stated that the peak would be approximately 1 foot above the rail. Chair Pederson asked if there was an erosion problem. Mr.Willoughby stated that the area where the drainfield is was constructed has some minimal erosion but when the vegetation is re-established,the erosion will be eliminated. There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER BAKER MOVED TO APPROVE THE REQUEST BY BETH AND MIKE WILLOUGHBY FOR A VARIANCE TO REDUCE THE SIDE YARD • SETBACK FROM 35 FEET TO 9 FEET,AND TO REDUCE THE FRONT YARD Board of Adjustments Minutes March 26,2002 Page 4 SETBACK FROM 20 FEET TO 12 FEET, CASE NO. V 02-03, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT WOULD REQUIRE THE APPLICANT TO BUILD A SHED IN A LOCATION THAT IS NOT ACCESSIBLE OR WOULD CREATE AESTHETIC IMPACTS TO THE SUBJECT OR NEIGHBORING PROPERTIES. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES, WHICH ARE PECULIAR TO THE PROPERTY. DUE TO STEEP,VEGETATED SLOPES AND WETLAND AREAS,THE SITE HAS FEW BUILDABLE AREAS. 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. OTHER PROPERTIES HAVE BEEN ABLE TO CONSTRUCT ACCESSORY STRUCTURES AS ALLOWED BY THE ORDINANCE. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE HOUSE WAS PLACED WHERE IT IS BY A PREVIOUS OWNER. • 5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER PROPERTIES IN THE VICINITY. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Other Business- None 5. Adjournment There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE MEETING. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Board of Adjustments adjourned at 7:10 p.m. Respectfully submitted, U,Uth Debbie Huebner Recording Secretary •