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05-24-2005 BA MIN . MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, MAY 24, 2005 Members Present: Chair Anderson,Commissioners Offerman,Ropp,Scott,Stevens and Westgaard Members Absent: Lemke Staff Present: Michele McPherson,Director of Planning: Scott Harlicker,Senior 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 Anderson. 2. Consider 5/24/05 Board of Adjustments Agenda MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER SCOTT TO APPROVE THE MAY 24,2005 BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 6-0. 3. Consider Request by Michael Sizen for 3-Foot Sideyard Setback Variance Senior Planner Scott Harlicker stated that Michael Sizen has requested a 3-foot variance to construct an 8-foot wide deck at 12526 194th Lane. Mr. Harlicker provided information regarding the location and zoning of the property, staff's suggestion for an alternative placement of the deck (Option A), and photographs of the existing conditions. Mr. Harlicker reviewed the five conditions which must be met in order to grant a variance. Staff recommends denial of the variance based on the fact that Condition #3 cannot be met. Commissioner Westgaard asked for clarification on the existing side yard setback where Mr. Sizen is proposing to construct the deck. Ms.McPherson stated that the setback varies from 4.9 feet to 5.5 feet along the length of the house, since the property line is skewed. Commissioner Westgaard asked the applicant, Mr. Sizen, if the photograph shows a gas fireplace vent in the location of the Option A placement for the deck. Mr. Sizen stated yes. Commissioner Westgaard asked if the Building Code would allow construction over a gas fireplace vent. Mr. Harlicker stated that staff would need to check with the Building Department on that question. Commissioner Westgaard asked why the applicant was not aware of the setback issue, since a proposed deck is shown on the survey. Ms. McPherson stated that the deck location was added to the survey for this application and was not part of the original survey when the home was built. Commissioner Stevens asked if Mr. Sizen was the original owner of the home. Mr. Sizen stated yes. Commissioner Stevens asked if the setbacks have changed since the home was • built. Mr.Harlicker stated no. Board of Adjustments Minutes May 24,2005 Page 2 Chair Anderson opened the public hearing. Mike Sizen, 12546 194th Lane, applicant - Stated that he had two concerns with Option A. First,was the location of the gas fireplace vent. He felt this was a safety issue and was probably not allowed by Code. He stated that they use the fireplace extensively in the winter. Second, he felt the cost to construct a deck according to Option A would be substantially more expensive because of the siding removal, relocating the ledger board, and the increased height of the deck. There being no one else to speak to this issue,Chair Anderson closed the public hearing. Commissioner Westgaard asked if the other vent shown on the photograph was a dryer vent. Mrs.Sizen stated no,that she believed it was a cold air return vent. Commissioner Stevens stated that although he could understand the applicant's dilemma,he felt that setbacks are established for a reason. He stated that he would approve the request with Option A. Ms. McPherson stated that no variance is required for Option A and the applicant could simply apply for a building permit if he so desired. Commissioner Offerman stated that he concurred with Commissioner Stevens, but he felt that Condition #2 regarding hardship could also not be met. He stated that since the applicant had the home built himself and did not purchase the home after the fact,he should have been aware of the setbacks and foreseen and issue with a future deck. Commissioner Offerman stated that based on his experience building decks,he did not feel it would be that much of a hardship to install the ledge board in the location proposed in Option A. He Sstated he would recommend denial of the variance. Commissioner Westgaard stated that he did not agree with Commissioners Stevens and Offerman. He stated that if the deck cannot be constructed over the gas fireplace vent, Option A would no longer be possible. He stated that the builder should have made the homeowner aware of the situation with a future deck. Chair Anderson stated that the Commission is only looking at the variance request, and that the issue with the vent will be checked out by staff. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO DENY THE REQUEST BY MICHAEL SIZEN FOR A 3-FOOT SIDEYARD VARIANCE BASED ON THE FOLLOWING: 1. THE REQUEST DOES NOT MEET CONDITION #3 - LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAM EDISTRICT UNDER THE TERMS OF THIS ORDINANCE. 2. THE REQUEST DOES NOT MEET CONDITION #2 -THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES,WHICH ARE PECULIAR TO THIS PORPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF,OR S APPLICABLE TO,OTHER LANDS OR STRUCTURES IN THE SAME AREA. Board of Adjustments Minutes May 24,2005 Page 3 MOTION CARRIED 4-2. Commissioners Ropp and Westgaard opposed. 4. Adjournment There being no further business,MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ROPP TO APPROVE ADJOURN THE MEETING. MOTION CARRIED 6-0. The meeting of the Elk River Board of Adjustments adjourned at 6:52 p.m. Respectfully submitted, Debbie Huebner Recording Secretary • •