02-24-2004 BA MIN MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT LIONS PARK CENTER
TUESDAY, FEBRUARY 24, 2004
Members Present: Chair Pederson,Franz,Lemke,Offerman,Ropp and Stevens
Commissioner Anderson arrived at 6:30 p.m.
Members Absent: None
Staff Present: Scott Harlicker,Senior Planner;Chris Leeseberg,Planner;Terry Maurer,
City Engineer;Debbie Huebner,Recording Secretary
1. Ca11 Meeting To Order
Pursuant to due call and notice thereof,the meeting of the Elk River Board of Adjustments
was called to order at 6:28 p.m.by Chair Pederson.
2. Consider 2/24/04 Board of Adjustments Agenda
MOVED BY COMMISSIONER FRANZ AND SECONDED BY
COMMISSIONER ROPP TO APPROVE THE FEBRUARY 24,2004 BOARD OF
ADJUSTMENTS AGENDA. MOTION CARRIED 6-0.
• Commissioner Anderson arrived at this time.
3. Request by Mikhail Epshteyn for Front Yard Setback and Shoreline Setback Variance,Public
Hearing—Case No.V 04-01.
Senior Planner Scott Harlicker presented the staff report for this request. The applicant
requests a variance to the 30-foot front yard setback to allow a setback of 10.5 feet from the
right-of-way for 189th Avenue. He also requests a variance to the 50-foot setback from Lake
Orono to allow a setback of 39 feet. Mr.Harlicker reviewed the site conditions and reason
for the request. He explained that even though the application does not meet the criteria,
that the setback is being applied to a street right-of-way that will never be constructed. Mr.
Harlicker then reviewed the five conditions that must be met in order to grant a variance.He
noted that the Building and Environmental Department recommends granting the variance
to the 50-foot shoreline setback.
Commissioner Franz asked what the reason is for having the 50-foot shoreline setback
requirement.Mr.Harlicker explained that shoreline setbacks are established to prevent
pollution and the reduce impacts from high water levels. He stated that a large amount of
grading and fill will be required to build on the lot.
Commissioner Offerman asked if the shoreline setback had anything to do with screening.
Mr.Harlicker stated,no and explained that the part of the shoreline for which the variance is
required is actually man-made; originally there was no water in this location and 189th
Avenue and another street actually intersected at this point.
• Chair Pederson opened the public hearing.
Mikhail Epshteyn,applicant,explained that the proposed home will not be any closer to
• the street than any of the other homes in this location,and that it will be 75 feet from the
actual body of Lake Orono. He explained that the channel was made to allow storm water
to outlet into the lake from a storm water pipe built under 189th Avenue right-of-way. Mr.
Epshteyn noted that a similar variance was also granted for a neighboring residence in the
past.
Stephen Rohlf,Building and Environmental Administrator,concurred that a similar
variance was granted,and that he felt approval of both the side yard setback variance and the
shoreline setback variance was appropriate.
There being no further public comment,Chair Pederson closed the public hearing.
MOTION BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER ANDERSON TO APPROVE/DENY THE REQUEST BY
MIKHAIL EPSHTEYN FOR A SIDE YARD AND SHORELAND SETBACK
VARIANCE,CASE NO.V 04-01,BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE
UNDUE HARDSHIP.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND
CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND
CHARACTERISTIC OF,OR APPLICABLE TO,OTHER LANDS OR
STRUCTURES.
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.
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.
5. THE VARINACE WILL NOT BE INJURIOUS TO OR ADVERSELY
AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF
THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS
LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND
INTENT OF THE ORDINANCE.
MOTION CARRIED 7-0.
6. Adjournment
There being no further business,MOVED BY COMMISSIONER ANDERSON AND
SECONDED BY COMMISSIONER ROPP TO ADJOURN THE MEETING.
MOTION CARRIED 7-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:40 p.m.
Respectfully submitted,
e YVIezirtA-t-
Debbie Huebner
• Recording Secretary