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08-20-2003 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL WEDNESDAY, AUGUST 20, 2003 Members Present: Chair Pederson,Commissioners Anderson,Lemke,Offerman and Ropp Members Absent: Commissioner Franz Staff Present: Michele McPherson,Director of Planning: 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 Board of Adjustments Agenda COMMISSIONER ANDERSON MOVED TO APPROVE THE AUGUST 20,2002, BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Request by Miles Knutsen for Setback Variance,Public Hearing—Case No.V 03-01 Staff report by Senior Planner Scott Harlicker. Miles Knutsen requests a 10-foot variance to the required 75-foot shoreline setback for property at 13631 186th Avenue.Mr.Knutsen requests the variance in order to modernize his home by constructing a 340 square foot addition. The proposed expansion would not be any closer to the shoreline than the existing house,which is set back 65 feet from the shoreline. Staff recommends approval of the request,since the applicant has demonstrated that the five findings required for granting a variance can be met. Chair Pederson opened the public hearing. Miles Knutson, 136531 186th Avenue, the applicant, noted that the septic system was updated within the past three years. He stated that there will be no excavation, since the addition will be constructed on a slab. Commissioner Anderson asked how long the applicant has lived at the residence. Mr. Knutsen stated that he has lived in his home since 1971. Commissioner Anderson asked if Mr.Knutsen was planning to build a deck. Mr.Knutsen stated that he did not wish to build a deck. There being no further public comment,Chair Pederson closed the public hearing. Chair Pederson stated that he felt the request meets the five findings for granting the variance. Commissioner Anderson concurred. COMMISSIONER OFFERMAN MOVED TO APPROVE THE REQUEST BY MILES KNUTSON FOR A SETBACK VARIANCE,CASE NO.V 03-01 BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT WOULD NOT ALLOW THE APPLICANT TO • MODERNIZE HIS HOME. 2. THE HOUSE WAS ORIGINALLY CONSTRUCTED IN 1971 PRIOR TO THE CURRENT SETBACK REQUIREMENT. 3. OTHER RESIDENCES HAVE THE ABILITY TO PROVIDE MODERN, HEATED LIVING SPACES. 4. THE PLACEMENT OF THE HOUSE 65 FEET FROM THE SHORELINE WAS NOT AN ACTION OF THE PETITIONER. 5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER PROPERTIES IN THE VICINITY. AND THE FOLLOWING FINDINGS RELATING TO SHORELAND VARIANCES: 1. THE DENIAL OF THIS VARIANCE WOULD NOT ALLOW THE APPLICANT TO MODERNIZE HIS RESIDENCE. 2. THE GRANTING OF THIS VARIANCE WOULD NOT BE HARMFUL TO THE SHORELINE IN THAT THE ADDITION WOULD NOT BE ANY CLOSER TO THE SHORELINE THAN THE EXISTING HOUSE. 3. THE HOUSE WAS CONSTRUCTED IN 1971 PRIOR TO THE CURRENT SHORELINE SETBACK REQUIREMENTS. 4. THE GRANTING OF THIS VARIANCE WILL NOT ALLOW A USE THAT IS NOT CURRENTLY ALLOWED IN THIS ZONING DISTRICT. 5. THE GRANTING OF THIS VARIANCE WILL NOT ALTER THE CHARACTER OF THIS NEIGHBORHOOD. • COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Request by July 7th Investments,LLC for a Parking Lot Setback Variance,Public Hearing— Case No.V 03-02 Staff report by Planner Chris Leeseberg. July 7th Investments requests a variance to reduce the driveway setback from ten feet to three feet in order to provide the required parking for a C2,Office District use. Mr.Leeseberg reviewed the five findings that must be met in order for approval of a variance,and explained how the applicant's request meets those five findings. Staff recommends approval of the request. Chair Pederson asked what the required rear setback would be. Mr.Leeseberg stated that a 10-foot setback is required. Chair Pederson opened the public hearing. Don Parson,applicant,stated that the parking area would be well within the required setback. Chair Pederson asked how many cars would be parking at the site. Mr.Parson stated that in the worst-case scenario,there would be six cars. Chair Pederson stated that he observed four cars in the driveway and four cars on the street earlier today. Mr.Parson stated that two brokers from other offices were there today,which does not happen on a normal day. Commissioner Ropp asked what type of business was located at the site. Mr.Parson stated that his office is a branch of Allied Home Mortgage. Commissioner Ropp asked if clients come into the office. Mr.Parson stated that they meet with most of their clients at their • homes. Commissioner Anderson asked what the hours of operation were. Mr.Parson stated that normal business hours are 9 a.m.—6 p.m. Commissioner Anderson asked what the garage is used for. Mr.Parson stated that it is used for parking and storage. Stan Wheaton,313 3rd Street,resident of the townhomes to the east of the site,asked if the zoning of the property had been changed. Director of Planning Michele McPherson stated that the zoning has been C2,Office District for a number of years. Mr.Wheaton stated that he felt the lot was too small for the amount of parking they were trying to accommodate. Mr.Wheaton also stated that he felt the street was too narrow to allow parking and that there must be a better for location for the business. There being no further public comment,Chair Pederson closed the public hearing. Discussion followed regarding the types of businesses/uses of the surrounding properties. Commissioner Offerman stated that the off-street parking area being requested would help the parking situation. He suggested shifting the driveway closer to the house. Chair Pederson stated that having the driveway too close to the house would create snow removal/snow storage problems.Commissioner Offerman stated that the request is reasonable since the property is zoned C2 and recommended approval. COMMISSIONER LEMKE MOVED TO APPROVE THE REQUEST BY JULY 7TH INVESTMENTS,LLC FOR A DRIVEWAY SETBACK VARIANCE,CASE NO.V 03-02,BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT WOULD NOT ALLOW THE APPLICANT TO PROVIDE PARKING IN ACCORDANCE WITH THE ZONING CODE. 2. THE PROPERTY WAS ORIGINALLY A SMALL RESIDENTIAL LOT WHICH NOW HAS DIFFERENT REQUIREMENTS AS A RESULT OF REZONING TO C-2,OFFICE DISTRICT. 3. OTHER COMMERCIAL PROPERTIES HAVE THE ABILITY TO PROVIDE REQUIRED PARKING FOR A COMMERCIAL PROPERTY. 4. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER PROPERTIES IN THE VICINITY. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Chair Pederson and Commissioner Anderson opposed. 4. Adjournment There being no further business,COMMISSIONER ANDERSON MOVED TO ADJOURN THE MEETING. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Board of Adjustments adjourned at 7:06 p.m. Respectfully submitted, Xakti • Debbie Huebner Recording Secretary