04-27-2004 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY,APRIL 27, 2004
Members Present: Chair Pederson,Commissioners Anderson,Curtis,Lemke,Offerman,Ropp
and Stevens
Members Absent: None
Staff Present: 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 4/27/04 Board of Adjustments Agenda
MOVED BY COMMISSIONER PETERSON AND SECONDED BY
COMMISSIONER LEMKE TO APPROVE THE APRIL 27,2004 BOARD OF
ADJUSTMENTS AGENDA. MOTION CARRIED 7-0.
• 3.1. Request by Olson General Contractors,Inc.for a Variance to the City Code Section 30-934
-Landscaping Requirements,Case No.V 04-02
Commissioner Stevens excused himself from discussion on this item due to a conflict of
interest.
Senior Planner Scott Harlicker reviewed the request by Olson General Contractors for a
variance to the landscape ordinance. The applicant proposes to construct a 12,000 square
foot building for a masonry contractor with accessory outdoor storage. The property is
located on Lot 2,Block 1,Cascade Industrial Park.
Mr.Harlicker reviewed the five conditions that must be met in order to grant a variance.
Staff recommends that the Board of Adjustments deny the request for a variance based on
the findings stated in the staff report.
Chair Pederson opened the public hearing.
Russ Eros, architect for the project,stated that they would be developing 3/ of the
property and that trees will be placed on the front two-thirds of the site. He feels that the
number of trees they have proposed will be adequate.
Robert Peterson,Andover,MN,adjacent property owner to the north,stated that he
also will be required to plant 40 plus trees on his site. He stated that he felt there is not
adequate space to plant this number of trees. He questioned the intent of requirement,since
industrial property owners do not wish to screen their property from one another. He stated
• that he could understand the screening requirement if they were located next to a residential
development,but he stated this property is in view of the pipe yard.
Board of Adjustment Minutes
April 27,2004
Page 2
• There being no further public comment,Chair Pederson closed the public hearing.
Commissioner Curtis asked if some of the trees could be planted in the western portion of
the property that is not proposed to be developed at this time. Mr.Harlicker stated that this
would be an option. Chair Ropp asked if the additional landscaping could be required when
this portion of the property is developed. City Attorney Peter Beck stated that if the
variance is approved,only a total of 33 trees could be required. An alternative would be to
deny the variance and allow the applicant to phase in the planting of the last 11 trees when
the remainder of property is developed. He stated that this could be discussed as part of the
conditional use permit review.
Commissioner Curtis asked what the remainder of the property could be used for. Mr.
Harlicker stated that it could be used to expand the outdoor storage.
City Attorney Beck asked if the drainfield and drainage pond was currently in this area. Mr.
Mr.Harlicker stated yes.
Commissioner Offerman asked if the required 44 trees includes screening the undeveloped
area. Mr.Harlicker stated no. He explained that an amendment to the conditional use
permit would be required to expand into this area and additional screening would likely be
required at that time.
Commissioner Lemke asked how many trees are required by the ordinance. Mr.Harlicker
stated that 44 trees are required.
• Commissioner Pederson stated that he opposed granting the variance since the request does
not meet the five findings required in the ordinance.
Commissioner Anderson stated that he was also not in favor of granting the variance. He
felt that there were other areas on the site to plant trees and that the applicant does not need
to try and squeeze all the required trees on the sides of the building.
Chair Ropp concurred with comments expressed by Commissioners Anderson and
Pederson.
MOTION BY COMMISSIONER PEDERSON AND SECONDED BY
COMMISSIONER ANDERSON TO DENY THE REQUEST BY OLSON
GENERAL CONTRACTORS FOR A VARIANCE TO THE CITY'S LANDSCAPE
ORDINANCE,CASE NO.V 04-02,BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT
CAUSE UNDUE HARDSHIP. THERE IS SUFFICIENT SPACE ON
THE SITE TO PLANT THE REQUIRED NUMBER OF TREES.
THE APPLICANT COULD REDUCE THE NUMBER OF
REQUIRED TREES BY PLANTING LARGER TREES AND
RECEIVING CREDIT.
2. THE PROPERTY IS SIMILAR IN SIZE TO THE OTHER LOTS TO
• THE NORTH AND SOUTH. THE DIMENSIONS OF THIS LOT
ARE NOT PECULIAR OR SPECIAL BUT ARE CHARACTERISTIC
Board of Adjustment Minutes
April 27,2004
Page 3
OF TWO OTHER ADJACENT LOTS. THE APPLICANT COULD
• PLANT TREES AROUND THE DETENTION POND AT THE WEST
SIDE OF THE PROPERTY,WITHIN THE 10' SETBACK ALONG
THE SIDE LOT LINE AND IN THE FRONT YARD.
3. THE LITERAL APPLICATION OF THIS ORDINANCE WOULD
NOT DEPRIVE THE APPLICANT OF RIGHTS ENJOYED BY
OTHER PROPERTIES IN THIS AREA. THE LOT TO THE SOUTH,
DEVELOPED AS A MINI-STORAGE FACILITY,HAS AN
APPROVED LANDSCAPE PLAN THAT COMPLIES WITH THE
ORDINANCE.
4. THERE ARE NO SPECIAL CIRCUMSTANCES UNIQUE TO THIS
PROPERTY
5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER
PROPERTIES IN THE VICINITY.
THE MOTION CARRIED 6-0. Commissioner Stevens abstained.
4. Adjournment
There being no further business,MOVED BY COMMISSIONER ANDERSON AND
SECONDED BY COMMISSIONER CURTIS TO APPROVE ADJOURN THE
• MEETING. MOTION CARRIED 7-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:51 p.m.
Respectfully submitted,
,ta 7�Ydu.�irw
Debbie Huebner
Recording Secretary