10-28-2003 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY,OCTOBER 28,2003
Members Present: Chair Pederson,Commissioners Anderson,Franz,Lemke,Offerman,Ropp
and Stevens
Members Absent: None
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 10/28/03 Board of Adjustments Agenda
COMMISSIONER ANDERSON MOVED TO APPROVE THE OCTOBER 28,
2002,BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER LEMKE
SECONDED THE MOTION. THE MOTION CARRIED 7-0.
• 3. Consider 9/23/03 Board of Adjustments Minutes
COMMISSIONER FRANZ MOVED TO APPROVE TH SEPTEMBER 23,2002,
BOARD OF ADJUSTMENTS MINUTES. COMMISSIO ER ANDERSON
SECONDED THE MOTION. THE MOTION CARRIE) 7-0.
4.1. R-•uest • Russ M. 's Farm Service for Variances P blic Hearin. -Case No.V
03-04
Staff report was submitted by Chris Leeseberg. Russ Marty is r•questing a front yard
setback,side yard setback,rear yard setback,and parking setbac. variances in order to
construct a 2,047 square foot addition to his existing business at 345 Jackson Avenue.Mr.
Leeseberg reviewed the current setback requirements,C3 zonin;, requirements,layout of the
proposed addition,parking and circulation,and the findings req ' ed for granting a variance.
Staff feels that the request meets the five criteria and recommen.s approval of the variance.
Mr.Leeseberg noted that staff feels the property would be mor- appropriately zoned C1.
Commissioner Anderson asked if staff knew the location of the :urlington Northern right-
of-way. Mr.Leeseberg stated that staff does not have that info ation. Commissioner
Anderson asked if the three parking stalls shown on the site pl. were within the property
line. Mr.Leeseberg stated that all three of the parking stalls we - slightly in the street.
Commissioner Anderson asked if the parking requirements wo I d change if the property
were rezoned to Cl. Mr.Leeseberg stated that the amount of p: king would not change,but
that there would be no parking setback required.
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Board of Adjustments Minutes
October 28,2003
Page 2
• Chair Pederson opened the public hearing.
Gary Harding,manager of the business west of Marty's Farm Service,stated that he had no
�Y g g �'
objection to the variance,but he was concerned that the property line be established. He
stated that when the property was platted in 1996,no monuments were placed.
There being no further public comment,Chair Pederson closed the public hearing.
Commissioner Lemke asked how long the business has been at this location. Russ Marty,
applicant stated that he has been in business 22 years.
Commissioner Anderson asked if the applicant was interested in a rezoning. Mr.Leeseberg
stated that Mr.Marty is requesting the variances as presented,and that rezoning of the
property was brought up by staff for possible future discussion.
COMMISSIONER STEVENS MOVED TO APPROVE THE REQUEST BY RUSS
MARTY(MARTY'S FARM SERVICE) FOR THE FOLLOWING VARIANCES:
1. REDUCE THE FRONT YARD SETBACK FROM 25-FEET TO ONE FOOT
2. REDUCE THE SIDE YARD SETBACK FROM 30-FEET TO ONE FOOT
3. REDUCE THE REAR YARD SETBACK FROM 40-FEET TO ONE FOOT
4. REDUCE THE PARKING SETBACK FROM 10-FEET TO ZERO FEET
BASED ON THE FOLLOWING FINDINGS:
• 1. LITERAL ENFORCEMENT WOULD CAUSE UNDUE HARDSHIP,AS IT
WOULD NOT ALLOW FOR ANY EXPANSIONS TO HELP MODERNIZE
THE STRUCTURE.
2. THE SPECIAL CONDITIONS ARE THE NARROWNESS OF THE
PROPERTY AND THAT CURRENT ZONING RENDERS IT
UNBUILDABLE.
3. LITERAL ENFORCEMENT WOULD NOT ALLOW ANY EXPANSIONS
TO HELP MODERNIZE THE STRUCTURE.
4. THEY ARE NOT A CONSEQUENCE OF THE PETITIONERS OWN
ACTIONS.
5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER
PROPERTIES IN THE VICINITY.
COMMISSIONER OFFERMAN SECONDED THE MOTION.
Commissioner Anderson stated that he did not feel expanding the business at this location
was appropriate given the limited space and the number of large trucks coming to a from the
site. He felt that this section of Railroad Drive should eventually be closed so that traffic
would access this area via the street by the Fire Department. He stated that he felt the
applicant should look for another site for his business.
THE MOTION CARRIED 6-1. Commissioner Anderson opposed.
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Board of Adjustments Minutes
October 28,2003
Page 3
4.2. Request by Bakken Building&Remodeling for a Variance,Public Hearing-Case No.V 03-
. 05
Staff report presented by Scott Harlicker. Mr.Harlicker reviewed the request by Bakken
Building&Remodeling for a 2-foot variance to the 15-foot side yard setback requirement
for property located at 913 Main Street. Bakken proposes to remove a deck on the rear of
the existing house and replacing it with an addition. Mr.Harlicker reviewed current zoning,
site plan,and findings required for granting a variance. He noted that staff feels that the
request meets the five criteria and recommends approval of the variance.
Chair Pederson opened the public hearing.
Phil Hals,931 Main Street,property owner to the west of the subject site,stated that he is
not concerned about the location of the proposed addition,but that he has concerns
regarding the 11-inch setback of the existing building and the nothing can be done to
provide screening for his property.
There being no further public comment,Chair Pederson opened the public hearing.
Commissioner Anderson asked if there were any landscape requirements. Mr.Harlicker
stated that the applicant will be required to seed or sod the disturbed areas when
construction is completed.
COMMISSIONER STEVENS MOVED TO APPROVE THE 2-FOOT SIDE
YARD SETBACK VARIANCE REQUEST BY BAKKEN BUILDING&
• REMODELING,CASE NO.V 03-05,BASED ON THE FOLLOWING
FINDINGS:
1. LITERAL ENFORCEMENT WOULD NOT ALLOW THE APPLICANT TO
BUILD THE ADDITION AND PROVIDE NEEDED INTERIOR SPACE.
THE IMPROVEMENT IS ALSO NEEDED TO PROVIDE A REAR
ENTRANCE ADJACENT TO AND ACCESSIBLE FROM THE REAR
PARKING AREA.
2. THE PROPOSED ADDITION IS SEPARATED FROM THE WEST
PROPERTY LINE BY A PORTION OF THE EXISTING BUILDING. EVEN
THOUGH THE IMPROVEMENT DOES NOT MEET THE REQUIRED 15-
FOOT SETBACK,IT IS SETBACK FURTHER THAN THE EXISTING
BUILDING AND BEHIND THE EXISTING BUILDING.
3. THE ADJACENT COMMERCIAL PROPERTY HAS A REAR ENTRANCE
ACCESSIBLE FROM THE REAR PARKING LOT. THE VARIANCE WILL
ALSO ALLOW THE APPLICANT TO FILL IN OR SQUARE OFF THE
BACK OF THE BUILDING,SIMILAR TO THE NEIGHBORING OFFICE
BUILDING.
4. THE LAYOUT AND PLACEMENT OF THE BUILDING EXISTED WHEN
THE APPLICANT PURCHASED THE BUILDING.
5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER
PROPERTIES IN THE VICINITY.
COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
411 5. Other Business
Board of Adjustments Minutes
October 28,2003
Page 4
• There was no other business.
6. Adjournment
There being no further business,COMMISSIONER ANDERSON MOVED TO
ADJOURN THE MEETING.
The meeting of the Elk River Board of Adjustments adjourned at 6:59 p.m.
Respectfully submitted,
Q •''`G`[C Lc
Debbie Huebner
Huebner
Recording Secretary
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