09-27-2005 BA MIN MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, SEPTEMBER 27, 2005
Members Present: Chair Anderson,Commissioners Lemke,Offerman,Ropp,Stevens and
Westgaard
Members Absent: Commissioner Scott
Staff Present: Scott Clark,Community Development Director;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 Anderson.
2. Consider 9/27/05 Board of Adjustments Agenda
MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER WESTGAARD TO APPROVE THE SEPTEMBER 27,2005
BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 6-0.
• 3. Consider 8/23/05 Board of Adjustments Minutes
MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY
COMMISSIONER LEMKE TO APPROVE THE AUGUST 23,2005,BOARD OF
ADJUSTMENTS MINUTES. MOTION CARRIED 6-0.
4. Consider Request by Phillip Osberg for Lot Area Variance,Public Hearing-Case No.V 05-
04
Planner Chris Leeseberg stated that the applicant is requesting a variance to the required lot
size in the A-1 zoning district in order to split a 19.74-acre parcel into two lots. The
minimum lot size in this district requires a lot size of 10 acres. He explained that 1.96 acres
of right-of-way is required for future road improvements and off-street trail corridors,
leaving the applicant 17.78 acres of land to subdivide. Lot 1 will be 8.76 acres and Lot 2 will
be 9.03 acres. Mr.Leeseberg reviewed the five findings that must be met in order to
approve a variance. Staff recommends approval of the request.
Chair Anderson opened the public hearing. There being no public comment,Chair
Anderson closed the public hearing.
Commissioner Westgaard asked if the County has reviewed the access.
Phillip Osberg, applicant-Stated that the County has given approval for a shared
driveway and that the existing access will be eliminated.
Board of Adjustments Minutes
September 27,2005 Page 2
• Commissioner Stevens asked if the property could be further subdivided. Mr.Leeseberg
stated yes.
Commissioner Westgaard asked if it was necessary to require the shared driveway as a
condition of approval. City Engineer Terry Maurer stated no,that this will be a condition of
approval for the administrative subdivision.
MOTION BY COMMISSIONER STEVENS, SECONDED BY COMMISSIONER
OFFERMAN TO APPROVE THE REQUEST BY PHILLIP OSBERG FOR A
LOT AREA VARIANCE,CASE NO.V 005-04, BASED ON THE FOLLOWING
FINDINGS:
1. LITERAL ENFORCEMENT WOULD REDUCE THE NUMBER OF LOTS
ABLE TO BE CREATED TO ONE. 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 CITY AND
COUNTY ROADS REQUIRING ADDITIONAL RIGHT-OF-WAY IN FEE
TITLE AS A CONDITION OF APPROVAL.
3. OTHER PROPERTIES THAT HAVE 20+ACRES WITHOUT THE NEED
TO PROVIDE ADDITIONAL RIGHT-OF-WAY HAVE THE ABILITY TO
DEVELOP THE LAND INTO TWO PARCELS.
• 4. THE SPECIAL CONDITIONS WERE NOT CREATED BY THE
PETITIONER.
5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER
PROPERTIES IN THE VICINITY,AS THE REQUESTED REDUCTION IN
LOT AREA IS NOT SIGNIFICANT(LESS THAN 2%)AND THIS AREA
WILL SEE LOT AREA MINIMUMS OF 2 '/z ACRES IN LESS THAN FIVE
YEARS.
MOTION CARRIED 6-0.
6. Adjournment
There being no further business,MOVED BY COMMISSIONER STEVENS AND
SECONDED BY COMMISSIONER LEMKE TO APPROVE ADJOURN THE
MEETING. MOTION CARRIED 6-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:40 p.m.
Respectfully submitted,
£J ' -
Debbie Huebner
Recording Secretary
•
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