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10-26-2004 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 26, 2004 Members Present: Chair Ropp,Commissioners Anderson,Lemke,Offerman,Scott,Stevens and Westgaard Members Absent: None 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 10/26/04 Board of Adjustments Agenda MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE OCTOBER 26,2004 BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 7-0. • 3. Consider 9/28/04 Board of Adjustments Minutes MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE SEPTEMBER 28,2004,BOARD OF ADJUSTMENTS MINUTES. MOTION CARRIED 7-0. 4.1. Request by John Plaisted for Lot Width and Building Setback Variance,Public Hearing— Case No.V 04-07 Director of Planning Michele McPherson stated that John Plaisted is requesting a lot width variance to reduce the lot width from 80 feet to 77 feet,and to grant a building setback variance from 10 feet to 0 feet to allow the construction of two zero lot line dwellings at 18860 Concord Street. She stated that there is an existing home on the 1.66-acre parcel. Ms. McPherson reviewed the five findings which must be met in order to grant a variance. Staff recommends approval of the lot width variance of 3 feet,but recommends denial of the zero setback variance, stating that constructing two custom-designed homes would better fit the topography and vegetation on the site,as opposed to a twin home. Chair Ropp opened the public hearing. Ross Abel of John Oliver&Associates,representative for the applicant—Stated that they feel a twinhome would have the least impact on the lot,as far as tree removal and fill replacement are concerned. There being no further comments from the public,Chair Ropp closed the public hearing. Board of Adjustment Minutes October 26,2004 Page 2 Commissioner Anderson stated that he agreed with staff's recommendation to approve the • lot width variance and deny the setback variance. He felt two custom-designed homes would have less impact on the topography and vegetation. Commissioner Stevens concurred, stating that he felt the applicant should be able to work within the lot lines of each lot to construct a home. Chair Ropp stated that he would recommend denial of the setback variance, since Condition #4 cannot be met. Commissioner Lemke asked why zero lot line setbacks have been allowed in the past,and where. Ms.McPherson stated that an example would be in the R2 zoning district where a property owner wanted to sell one-half of a duplex and an administrative subdivision was granted to split the property. Commissioner Offerman stated that he was sympathetic to the applicant,given the significant grade issues on the site,but that he did not support the setback variance. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO APPROVE THE 3-FOOT LOT WIDTH VARIANCE, BUT TO DENY THE ZERO SETBACK VARIANCE. MOTION CARRIED 7-0. 5. Adjournment There being no further business,MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE ADJOURN THE MEETING. MOTION CARRIED 7-0. The meeting of the Elk River Board of Adjustments adjourned at 6:44 p.m. Respectfully submitted, ,fie Debbie Huebner Recording Secretary •