11-26-2002 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, NOVEMBER 26, 2002
Members Present: Chair Pederson,Commissioners Anderson,Franz,Jenson,Lemke,
Offerman and Ropp
Members Absent: None
Staff Present: Peter Beck,City Attorney;Scott Harlicker,Senior Planner;Chris Leeseberg,
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 11/26/02 Board of Adjustments Agenda
COMMISSIONER FRANZ MOVED TO APPROVE THE NOVEMBER 26,2002
BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER JENSON
SECONDED THE MOTION. THE MOTION CARRIED 7-0.
• 3. Consider 10/22/02 Board of Adjustments Minutes
COMMISSIONER JENSON TO APPROVE THE OCTOBER 22,2002 BOARD
OF ADJUSTMENTS MINUTES. COMMISSIONER ROPP SECONDED THE
MOTION. THE MOTION CARRIED 7-0.
4. Request by Pat and Lou Peril for Variance,Public Hearing—Case No.V 02-08
Staff report by Chris Leeseberg.Lou and Pat Peril request a variance to allow construction
of a detached garage within the 35 foot front yard setback at 19796 Lowell Street. Mr.
Leeseberg noted that the house is located on a corner lot and must meet 2 front yard setback
requirements. He reviewed the site conditions and provided photographs. He then
reviewed the five findings which must be met in order to grant a variance. Staff
recommends approval of the variance.
Commissioner Franz asked how staff determines whether a variance poses a safety issue is
this instance. Mr.Harlicker stated that there is 45 feet from the proposed structure to the
edge of the street pavement.
Commissioner Anderson asked how long the resident has lived at this location. Mr.
Leeseberg stated that the Peril's have lived there two years.
Commissioner Ropp asked if a variance would still be required with staff's alternative
suggestion. Mr.Leeseberg explained that a variance would still be required on one side.
• Commissioner Ropp asked if staff there was a safety issue with either option. Mr.Leeseberg
stated no.
Board of Adjustments
November 26,2002
Page 2
Commissioner Jenson stated that he felt the criteria presented for meeting the five findings
was weak,especially Item #3. He did not feel that significant tree removal was more
important than meeting the setback requirements. Commissioner Jenson felt that since the
applicants already have a 2-car garage,there was no hardship issue.
Chair Pederson asked what the width was of the existing garage. Mr.Leeseberg stated that it
was likely to be 26'-28'wide.
Commissioner Anderson concurred with Commissioner Jenson that the five findings were
not as viable as they were in other variance which were granted in the past.
COMMISSIONER JENSON MOVED DENIAL OF THE REQUEST BY LOU
AND PAT PERTL FOR A VARIANCE TO REDUCE THE FRONT YARD
SETBACKS,CASE NO.V 02-08,BASED ON THE FOLLOWING FINDINGS:
1. THE CRITERIA FOR THE FIVE FINDINGS NECESSARY FOR
GRANTING A VARIANCE CANNOT BE MET AS FOLLOWS:
THAT LITERAL ENFORCEMENT OF THE ORDINANCE DOES NOT
DEPRIVE THE PETITIONERS OF RIGHTS ENJOYED BY OTHER
PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS
ORDINANCE, SINCE THE PETITIONERS CAN STILL BUILD A SECOND
GARAGE,BUT WOULD REQUIRE THEM TO BUILD A SMALLER
STRUCTURE AND NOT IN THE LOCATION THEY HAVE CHOSEN.
• COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION
CARRIED 6-1. Commissioner Lemke opposed.
5. Adjournment
There being no further business,COMMISSIONER ANDERSON MOVED TO
ADJOURN THE MEETING. COMMISSIONER JENSON SECONDED THE
MOTION. THE MOTION CARRIED 7-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:45 p.m.
Respectfully,,submitted,
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£� 7
Debbie Huebner
Recording Secretary