07-26-2005 BA MIN MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY,JULY 26, 2005
Members Present: Chair Anderson,Commissioners Lemke,Offerman,Ropp,Scott,Stevens
and Westgaard
Members Absent: None
Staff Present: Michele McPherson,Director of Planning: Scott Harlicker,Senior Planner;
Terry Maurer,City Engineer;Peter Beck,City Attorney;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 7/26/05 Board of Adjustments Agenda
MOVED BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER WESTGAARD TO APPROVE THE JULY 26,2005 BOARD OF
ADJUSTMENTS AGENDA. MOTION CARRIED 7-0.
i3. Consider 5/24/05 Board of Adjustments Minutes
MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER SCOTT TO APPROVE MAY 24,2005,BOARD OF
ADJUSTMENTS MINUTES. MOTION CARRIED 7-0.
4. Request for Lot Size Variance by A&R Land Development Related to Simple Plat,Public
Hearing—Case No.V 05-02
Senior Planner Scott Harlicker stated that A&R Land Development has requested a
variance to the required lot size in the Al Agricultural Conservation zoning district. The
applicant proposes to subdivide 31.73 acres into three lots. Sherburne County requires that
the applicant provide 2.24 acres of right-of-way for future road improvements and off-street
trail corridors,leaving the applicant with 29.49 acres to subdivide. The proposed plat would
create three 9.83-acre lots,and the minimum lot size in the Al District is 10 acres.
Mr.Harlicker explained the property line dispute with the neighbors,Mr.and Mrs.Stadden.
He noted that this dispute has no impact on the variance request,since the applicant will still
have 30-plus acres. Mr.Harlicker reviewed the five findings for granting a variance. Staff
recommends approval of the variance,since the request meets all five of the findings.
Chair Anderson opened the public hearing.
David Stadden,22577 147th Street—Discussed the history of his property(100 year family
S farm) and maintenance of the drainage ditch. He reviewed his issue regarding the property
line dispute with the owner of the subject property. Mr.Stadden stated it has been
Board of Adjustments Minutes
July 26,2005 Page 2
suggested that an easement could be granted,which would allow him to clean out the ditch,
when necessary.
There being no further public comment,Chair Anderson closed the public hearing.
Commissioner Stevens stated that although he could appreciate Mr.Stadden's concerns,the
issue does not appear to affect the applicant's request and that it is a civil matter to be
worked out by the concerned parties.
Commissioner Offerman concurred with Commissioner Stevens,and asked if it was a
private ditch or a County ditch. Mr.Stadden stated that it is privately owned and
maintained.
Commissioner Westgaard asked how much land is involved in the property line dispute.Mr.
Harlicker stated that it is approximately one-third acre.
Commissioner Lemke asked if the drainage easement would become part of the plat,and if
Mr.Stadden could still maintain it. Mr.Maurer stated,yes,that it would be,and the it would
be shown on the plat,as would the other drainage and utility easements and delineated
wetlands.
MOTION BY COMMISSIONER LEMKE AND SECONDED BY
COMMISSIONER STEVENS TO APPROVE THE VARIANCE REQUEST BY A
&R LAND DEVELOPMENT,CASE NO.V 05-02,BASED ON THE
FOLLOWING FINDINGS:
• 1. LITERAL ENFORCEMENT WOULD REDUCE THE NUMBER OF
LOTS ABLE TO BE CREATED TO TWO. THIS MAY CREATE AN
ECONOMIC HARDSHIP FOR THE APPLICANT, BUT THIS CANNOT
BE THE SOLE HARDSHIP FOR GRANTING THE VARIANCE.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS
PARTICULAR TO THE PROPERTY. THE PROPERTY IS BOUND BY
TWO COUNTY ROADS AND THE COUNTY IS REQUIRING
ADDITIONAL RIGHT-OF-WAY IN FEE TITLE AS A CONDITION OF
APPROVAL. IF THE COUNTY WERE TO REQUEST THE
ADDITIONAL RIGHT OF WAY AS AN EASEMENT, THE MINIMUM
LOT AREA OF 10 ACRES WOULD BE MET AS THE APPLICANT
WOULD STILL OWN THE LAND UNDERLYING THE EASEMENT.
3. OTHER PROPERTIES THAT HAVE 30+ACRES WITHOUT THE
NEED TO PROVIDE ADDITIONAL RIGHT-OF-WAY HAVE THE
ABILITY TO DEVELOP THE LAND INTO THREE PARCELS.
4. THE SPECIAL CONDITIONS WERE NOT CREATED BY THE
PETITIONER;THEY WERE CREATED BY SHERBURNE COUNTY
REQUIRING ADDITIONAL RIGHT-OF-WAY.
5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER
PROPERTIES IN THE VICINITY,AS THE REQUESTED
4110 REDUCTION IN LOT AREA IS NOT SIGNIFICANT(LESS THAN 2%)
Board of Adjustments Minutes
July 26,2005 Page 3
AND THIS AREA WILL SEE LOT AREA MINIMUMS OF 21/2 ACRES IN
• LESS THAN FIVE YEARS.
MOTION CARRIED 7-0.
5. Other Business -None
6. Adjournment
There being no further business,MOVED BY COMMISSIONER WESTGAARD 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 6:48 p.m.
Respectfully submitted,
Debbie Huebner
Huebner
Recording Secretary
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