08-23-2005 BA MIN MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY,AUGUST 23, 2005
Members Present: Chair Anderson,Commissioners Lemke,Offerman,Ropp,Scott,Stevens
and Westgaard
Members Absent: None
Staff Present: Michele McPherson, Director of Planning; Chris Leeseberg, 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 8/23/05 Board of Adjustments Agenda
MOVED BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER LEMKE TO APPROVE THE AUGUST 23,2005 BOARD OF
ADJUSTMENTS AGENDA. MOTION CARRIED 7-0.
3. Consider 7/26/05 Board of Adjustments Minutes
MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER WESTGAARD TO APPROVE THE JULY 26,2005,BOARD OF
ADJUSTMENTS MINUTES. MOTION CARRIED 7-0.
4. Consider Lot Area and Lot Width Variance Requested by Jimmy Raivala,Public Hearing-
Case No.V 05-03
Director of Planning Michele McPherson reviewed the request by Jimmy Raivala for a
variance to reduce the required lot width from 100 feet to 45 feet,and a lot area variance to
reduce the required lot area from 11,000 square feet to 10,330 square feet. Ms.McPherson
noted that the variances are required in order for the applicant to split his property at 441
Upland Avenue into two lots due to pending assessments for street improvements. One lot
is required to have 15,000 square feet and the other is required to have 11,000 square feet.
The removal of the needed right of way for Upland Avenue reduces the applicant's property
to 25,330 square feet. This includes a portion of the 5th Street right of way,which the City is
proposing to vacate as part of the subdivision request.
Ms.McPherson reviewed the five findings which must be met in order to grant a variance.
Staff recommends approval of the request.
Chair Anderson opened the public hearing.
Ben Kratzke, 1707 5th Street-Stated that his home is directly west of Mr.Raivala. Mr.
• Kratzke was not in favor of a two or three-story home on the new lot,as he would no longer
be able to see the sun. He had no objection to the variance request.
Board of Adjustments Minutes
August 23,2005 Page 2
Commissioner Stevens asked for clarification on the hardship finding relating to an auditor's
subdivision. Ms.McPherson explained that in past history,the auditor could arbitrarily split
a parcel of property and there were few restrictions or laws as to how this was done.
Commissioner Stevens stated that he had no objection to the variance request and supported
staff's recommendation.
MOTION BY COMMISSIONER OFFERMAN, SECONDED BY
COMMISSIONER STEVENS TO APPROVE THE REQUEST BY JIMMY
RAIVALA FOR THE FOLLOWING VARIANCES:
A. VARIANCE TO REDUCE THE REQUIRED LOT WIDTH FROM 100 FEET TO
45 FEET;
B. LOT AREA VARIANCE TO REDUCE THE REQUIRED LOT AREA FROM
11,000 SQUARE FEET TO 10,330 SQUARE FEET; BASED ON THE
FOLLOWING FINDINGS:
1. THE LITERAL ENFORCEMENT OF THIS ARTICLE WOULD CAUSE
UNDUE (UNNECESSARY,UNAVOIDABLE, EXTREME) HARDSHIP.
WITHOUT GRANTING THE VARIANCE,THE APPLICANT WOULD BE
UNABLE TO SUBDIVIDE HIS PROPERTY. OTHER PROPERTIES OF
SIMILAR SIZE IN THE SAME GENERAL VICINITY HAVE BEEN
GRANTED A SUBDIVISION FOR TWO LOTS,THE MOST RECENT OF
WHICH WAS LOCATED AT THE INTERSECTION OF TIPTON AND
• UPLAND AVENUES SOUTH OF HIGHWAY 10.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND
CIRCUMSTANCES WHICH ARE PECULIAR TO THE LAND AND
STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF
OR APPLICABLE TO OTHER LANDS OR STRUCTURES IN THE SAME
DISTRICT.
THE APPLICANT'S PROPERTY IS UNIQUELY SHAPED AS A RESULT OF
ITS BEING AN AUDITOR'S ADDITION AS WELL AS THE LOCATION OF
UPLAND AVENUE,WHICH CREATES A NARROW LOT WIDTH AT THE
INTERSECTION OF 5TH STREET. IN ADDITION,THE NEED FOR THE
CITY TO ACQUIRE ADDITIONAL RIGHT OF WAY FOR THE
RECONSTRUCTION OF UPLAND AVENUE CONTRIBUTES TO THE
LOT'S SIZE.
3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ARTICLE
WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY
OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS
OF THIS ARTICLE.
LITERAL APPLICATION OF THE DIMENSIONAL REQUIREMENTS
WOULD DEPRIVE THE APPLICANT OF THE OPPORTUNITY TO
SUBDIVIDE HIS PROPERTY, SIMILAR TO OTHER PROPERTIES IN
THIS SAME GENERAL NEIGHBORHOOD. AGAIN,STAFF REFERS TO
• THE RECENTLY APPROVED SUBDIVISION AT TIPTON AND UPLAND
AVENUES.
Board of Adjustments Minutes
August 23,2005 Page 3
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.
THE CITY,WHILE HAVING PRESCRIPTIVE RIGHTS,DOES NOT HAVE
THE NECESSARY EASEMENTS REQUIRED FOR UPLAND AVENUE.
THE NEED FOR THE CITY TO ACQUIRE THE RIGHT OF WAY FROM
THE APPLICANT IS A CONDITION BEYOND THE APPLICANT'S
CONTROL AND CONTRIBUTES TO THE NEED FOR THE VARIANCES.
IN ADDITION,THE APPLICANT WAS NOT RESPONSIBLE FOR
CREATING THE SHAPE OF THE PARCEL. THIS WAS A RESULT OF
PAST AUDITOR'S SUBDIVISION ACTIONS.
5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY
AFFECT THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS
OF THE CITY OR THE NEIGHBORHOOD WHEREIN THE PROPERTY
IS SITUATED AND WILL BE IN KEEPING WITH THE SPIRIT AND
INTENT OF THIS ARTICLE.
THE RESULTING LOT AREA FOR THE SECOND LOT WILL BE JUST
SLIGHTLY UNDER THE 11,000 SQUARE FOOT MINIMUM LOT
REQUIREMENT. IN ADDITION,BY GRANTING THE LOT WIDTH
VARIANCE,A STANDARD SIZE SINGLE FAMILY HOME CAN STILL BE
CONSTRUCTED ON THE SITE AS NOTED ON THE DRAWING
PREPARED BY STAFF.
411 MOTION CARRIED 7-0.
6. Adjournment
There being no further business,MOVED BY COMMISSIONER STEVENS AND
SECONDED BY COMMISSIONER SCOTT 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,
ZQ
Debbie Huebner
Recording Secretary
•