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06-22-2004 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY,JUNE 22, 2004 Members Present: Chair Ropp,Commissioners Curtis,Lemke,Offerman and Pederson Members Absent: Commissioners Anderson and Stevens Staff Present: Michele McPherson,Director of Planning: Scott Harlicker,Senior Planner; Chris Leeseberg,Planner;Terry Maurer,City Engineer;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 Ropp. 2. Consider 6/22/04 Board of Adjustments Agenda MOVED BY COMMISSIONER PEDERSON AND SECONDED BY COMMISSIONER CURTIS TO APPROVE THE JUNE 22,2004 BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 5-0. • 3. Consider 5/25/04 Board of Adjustments Minutes MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER PEDERSON TO APPROVE THE MAY 25,2004, BOARD OF ADJUSTMENTS MINUTES. MOTION CARRIED 5-0. 4.1. Request by Lafayette Woods Homeowners Association for Variance to Allow Second Development Sign,Public Hearing-Case No.V 04-05 A request by Lafayette Woods Homeowners Association for a variance to allow a second development sign was presented by Planner Chris Leeseberg. Mr.Leeseberg explained that the City's ordinance only allows one development identification sign per development. He reviewed the five findings which must be met in order to approve a variance. Staff does not feel this request meets these requirements and recommends denial of the variance. Commissioner Curtis asked why the Association feels they need an additional sign. Mr. Leeseberg stated that they feel that the Upland Street entrance is confusing since it is located near businesses and the sign would help identify the residential area. He noted that the applicant was present to explain the reason for their request. Chair Ropp opened the public hearing. Nancy Clusiau, 19557 Vernon Street,stated that the entrance is confusing to drivers attempting to access the commercial area,and trucks end up coming into Lafayette Woods. She stated that speeding is also a problem in the neighborhood and felt that identifying the • area as residential may encourage drivers to slow down. Ms.Clusiau stated that the monument sign would be landscaped and taken care of by the homeowners association. She Board of Adjustments Minutes Page 2 June 22,2004 noted that the original buyers in this portion of Lafayette Woods were told by the developer • that there would be a identification sign in this location. There being no further public comment,Chair Ropp closed the public hearing. Commissioner Curtis asked if there were other ways to address the speeding,such as posting speed limit signage. Mr.Leeseberg stated that speed limit signs are generally not posted within residential developments in the City. City Engineer Terry Maurer stated that in working with the Police Department on this issue in other neighborhoods,they usually find that the speeders live within the neighborhoods where they are speeding. Chair Ropp asked if there are other developments which are posted. Mr.Leeseberg stated that City received complaints on speeding in Trott Brook Farms,but that the Police Department has determined that posting signs does not usually work and that patrolling the area is more effective. Mr.Maurer noted that it has been their experience that posting signs works for the first few days,and then the signs are ignored. Commissioner Lemke stated that there seems to be two separate issues;the truck traffic confusion and the speeding. Mr.Maurer stated that this is the first time he was aware of the confusion,but that he felt the situation could be remedied by having the Street Department make and install signs to identify where the commercial truck traffic should turn. Commissioner Lemke stated that he felt there should be a better means to control traffic • than by installing a development identification sign. Commissioner Pederson stated that the request does not meet the findings necessary for granting a variance,nor would the City want to allow a development sign on every corner. MOTION BY COMMISSIONER PEDERSON AND SECONDED BY COMMISSIONER CURTIS TO DENY THE REQUEST BY LAFAYETTE WOODS HOMEOWNERS ASSOCIATION FOR A VARIANCE TO ALLOW A SECOND DEVELOPMENT SIGN,CASE NO.V 04-05,BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT CAUSE UNDUE HARDSHIP. 2. THERE ARE NO SPECIAL CONDITIONS OR CIRCUMSTANCES. 3. LITERAL APPLICATION OF THE ORDINANCE WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE AREA. 4. THERE ARE NO SPECIAL CIRCUMSTANCEES UNIQUE TO THIS PROPERTY. THE MOTION CARRIED 5-0. 5. Other Business -None 6. Adjournment • Board of Adjustments Minutes Page 3 June 22,2004 There being no further business,MOVED BY COMMISSIONER PEDERSON AND • SECONDED BY COMMISSIONER CURTIS TO APPROVE ADJOURN THE MEETING. MOTION CARRIED 5-0. The meeting of the Elk River Board of Adjustments adjourned at 6:44 p.m. Respectfully submitted, Debbie Huebner Recording Secretary r 411