11-25-2003 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT LIONS PARK CENTER
TUESDAY,NOVEMBER 25,2003
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 11/25/03 Board of Adjustments Agenda
COMMISSIONER ANDERSON MOVED TO APPROVE THE NOVEMBER 25,
2002,BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER OFFERMAN
SECONDED THE MOTION. THE MOTION CARRIED 7-0.
• 3. Consider 10/28/03 Board of Adjustments Minutes
COMMISSIONER ANDERSON MOVED TO APPROVE THE OCTOBER 28,
2003 BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER STEVENS
SECONDED THE MOTION. THE MOTION CARRIED 7-0.
4.1. Request by Don Parson for Variance,Public Hearing- Case No.V 03-06
The staff report for this item was presented by Planner Chris Leeseberg. Don Parson has
requested a variance to reduce the driveway setback at 312 Main Street(the northwest corner
of Evans and Main Street) from 10 feet to 4 feet. Mr.Leeseberg reviewed the location,
zoning,and land use of the property and the existing site conditions. The five findings
necessary for granting a variance were reviewed. Mr.Leeseberg stated that staff
recommends approval of the variance,stating that the application meets the five findings.
One condition of approval was noted.
Commissioner Franz asked if on-street parking was available. Mr.Leeseberg stated that
parking is not allowed on this section of Main Street.
Chair Pederson asked if the applicant would be using the driveway. Mr.Leeseberg asked the
applicant if the driveway would be used for parking.
Commissioner Stevens asked if the Commission could recommend that the driveway be
vacated.
• Chair Pederson opened the public hearing.
Board of Adjustments Minutes
November 25,2003
Page 2
• Don Parson,applicant,stated that he did not intend to use the driveway for customer
parking. Mr.Parson explained that last month he requested a parking setback variance for
another property,and since had acquired the subject property. He felt this property was a
better location for his business. He stated that he had five employees that would be parking
in the new parking area,and that if he expanded his offices to include the garage area,there
was room to add additional parking in the rear of the property.
There being no further public comment,Chair Pederson closed the public hearing.
Commissioner Anderson stated that he would support vacating the existing driveway.
Chair Pederson stated that he was not in favor of two access points onto Main Street. He
also stated that he would prefer Option #2,which was supported by City staff.
Commissioner Franz also expressed support for vacating the existing driveway access.
COMMISSIONER STEVENS MOVED TO APPROVE THE VARIANCE
REQUEST BY DON PARSON TO REDUCE THE PARKING SETBACK FROM
10 FEET TO 4 FEET, BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT WOULD NOT ALLOW THE APPLICANT TO
PROVIDE PARKING IN ACCORDANCE WITH THE ZONING CODE NOR
WOULD IT ALLOW USING THE PROPERTY FOR COMMERCIAL
PURPOSES AS ALLOWED BY THE ZONING DISTRICT C2,OFFICE.
2. THE PROPERTY WAS ORIGINALLY A SMALL RESIDENTIAL LOT
WHICH NOW HAS DIFFERENT REQUIREMENTS AS A RESULT OF
THE REZONING TO C-2,OFFICE DISTRICT.
3. OTHER COMMERCIAL PROPERTIES HAVE THE ABILITY TO
PROVIDE PARKING REQUIRED BY THE ORDINANCE.
4. THE REZONING OF THE PROPERTY WAS NOT AN ACTION OF THE
PETITIONER
5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER
PROPERTIES IN THE VICINITY.
AND WITH THE FOLLOWING CONDITION:
1. IF A RETAINING WALL IS CONSTRUCTED, IT SHALL NOT BE
ANY CLOSER THAN FOUR FEET TO THE EAST PROPERTY
LINE.
2. THE EXISTING DRIVEWAY ACCESS SHALL BE VACATED.
COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
5. Other Business-None
•
Board of Adjustments Minutes
November 25,2003
Page 3
6. Adjournment
• There being no further business,COMMISSIONER LEMKE MOVED TO ADJOURN
g � J
THE MEETING. COMMISSIONER ANDERSON SECONDED THE MOTION.
THE MOTION CARRIED 7-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:48 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary