11-09-2004 BA MIN 1111 SPECIAL MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, NOVEMBER 9, 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 Board of Adjustments Agenda
MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER LEMKE TO APPROVE THE NOVEMBER 9,2004 BOARD
OF ADJUSTMENTS AGENDA. MOTION CARRIED 7-0.
• 3. Consider 10/26/04 Board of Adjustments Minutes
MOVED BY COMMISSIONER ANDERSON AND SECONDED BY
COMMISSIONER LEMKE TO APPROVE OCTOBER 26,2004 BOARD OF
ADJUSTMENTS MINUTES. MOTION CARRIED 7-0.
4. Request for Lot Area Variance by Vance Zehringer on Behalf of Habitat for Humanity,
Public Hearing—Case No.V 04-08
Staff report was presented by Scott Harlicker. Habitat for Humanity requests a variance to
the minimum lot size requirement to allow a.79-acre lot located at 171st Avenue and Yale
Street. He noted that the applicant is also requesting a land use amendment,rezoning and
preliminary plat. Mr.Harlicker explained that an existing 3.63 acre lot is proposed to be
subdivided into a 2.84 acre lot and a .79 acre lot. An existing mini-storage facility would be
located on the 2.84-acre lot. Mr.Harlicker reviewed the adjacent land uses,layout of the
site, and lot sizes of the surrounding residential lots. He noted that the proposed.79 acre lot
would be compatible with these adjacent lots.
Mr.Harlicker reviewed the five findings that must be met in order to grant a variance. Staff
recommends approval of the request based on the findings and one condition listed in the
staff report dated November 9,2004.
Commissioner Stevens asked if the 2.84-acre lot would be consistent with the Highway
Business zoning. Mr.Harlicker stated yes.
• Chair Ropp opened the public hearing.
Board of Adjustments Minutes
November 9,2004 Page 2
• Vance Zehringer, 18920 Concord Street,Vice President of the Sherburne Chapter of
Habitat for Humanity-Reviewed the history of Habitat for Humanity and the Sherburne
County Chapter founded in 2002. He noted that they built their first home in 2003. Mr.
Zehringer explained that the proposed lot is being donated by Jerry and Thiry Minor. They
are proposing a 1,200 square foot,walk-out rambler style home for the site,which will blend
in well with the generally modest neighboring residences.
Tami Hanenburg, 16864 Yale Street-Asked if the street would be opened up in
Mississippi Ridge. Director of Planning Michele McPherson stated that there is no right-of-
way for a street. Ms.Hanenburg asked how many homes are being proposed. Mr.
Zehringer stated that only one home is being proposed. She asked if the people to occupy
the home would be working. Mr.Zehringer stated yes,and that they would have a mortgage
payment of approximately$500 per month.
Jeanine Ryther, 16971 Yale Street-Stated that her home was not modest,and was 1,500
square feet on one floor. She stated that there is a$600,000 home down the block from her
home.
Commissioner Offerman asked if the proposed Habitat for Humanity home was 1,200 feet
on one level. Mr.Zehringer stated yes.
There being no further public comment,Chair Ropp closed the public hearing.
Commissioner Anderson asked if Habitat for Humanity was requesting the variance. Ms.
• McPherson stated yes and explained that the property owners have consented to the
application.
Commissioner Offerman stated that he has looked at the property and feels the home would
be a good fit in the neighborhood. He stated that he could see no problem with the request.
Chair Ropp concurred that it was a good use for the property,and agreed that affordable
lots for this use are hard to find in Elk River.
MOTION BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER LEMKE TO APPROVE THE REQUEST FORA VARIANCE
TO THE 2.5 ACRE MINIMUM LOT SIZE TO ALLOW A.79 ACRE WITH THE
FOLLOWING CONDITION:
1. THE APPLICANT SHALL PROVIDE THE CITY WITH TEST BORINGS
SHOWING THAT THERE ARE SUITABLE LOCATIONS FOR PRIMARY
AND SECONDARY SEPTIC SYSTEMS AND A WELL.
AND,BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE
HARDSHIP.
LITERAL ENFORCEMENT WOULD NOT ALLOW THE APPLICANT TO
SUBDIVIDE THE PARCEL AND CONSTRUCT A SINGLE FAMILY
RESIDENCE. IF THE 3.63-ACRE PARCEL WAS UNDEVELOPED,THERE
• WOULD NOT BE A NEED FOR THE VARIANCE. THE APPLICANT
Board of Adjustments Minutes
November 9,2004 Page 3
COULD CREATE A 2.5-ACRE LOT FOR THE RESIDENCE AND LEAVE A
• 1.13 ACRE COMMERCIAL LOT.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND
CIRCUMSTANCES,WHICH ARE PECULIAR TO THE PROPERTY AND
THE STRUCTURE INVOLVED AND WHICH ARE NOT
CHARACTERISTIC OF,OR APPLICABLE TO,OTHER LANDS OR
STRUCTURE IN THE SAME AREA.
THE PROPOSED LOT IS SIMILAR IN SIZE TO THE OTHER LOTS IN
MISSISSIPPI HEIGHTS HOWEVER, WHAT IS UNIQUE ABOUT THIS
PROPERTY IS THE FACT THAT THE IT IS CURRENTLY PART OF A
COMMERCIAL LOT WITH LIMITATIONS ABOUT HOW THE LOT CAN
BE SUBDIVIDED. THE EXISTING BUILDING RESTRICTS HOW THE
LOT CAN BE SPLIT AND PREVENTS THE PROPOSED LOT FROM
COMPLYING WITH THE 2.5-ACRE MINIMUM LOT SIZE.
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.
THE LITERAL APPLICATION OF THIS ORDINANCE WOULD DEPRIVE
THE APPLICANT OF RIGHTS ENJOYED BY OTHER PROPERTIES IN
THIS AREA.OTHER LOTS OF SIMILAR SIZE AND DIMENSIONS HAVE
BEEN DEVELOPED.
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.
THE SPECIAL CIRCUMSTANCE UNIQUE TO THIS PROPERTY IS THE
FACT THAT THE LOT IS PART OF AN ODD SHAPED COMMERCIAL
LOT WITH A BUILDING ON IT. BECAUSE OF THE EXISTING
BUILDING,THE LOT CANNOT BE SUBDIVIDED IN A MANNER THAT
WILL COMPLY WITH THE 2.5-ACRE MINIMUM LOT SIZE
REQUIREMENT.
5. THE VARIANCE 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 SPIRIT AND INTENT OF
THE ORDINANCE.
THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER
PROPERTIES IN THE VICINITY.
MOTION CARRIED 7-0.
5. Other Business - None
• 6. Adjournment
Board of Adjustments Minutes
November 9,2004 Page 4
There being no further business,MOVED BY COMMISSIONER ANDERSON AND
• SECONDED BY COMMISSIONER OFFERMAN TO APPROVE ADJOURN
THE MEETING. MOTION CARRIED 7-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:52 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary