01-10-2006 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY,JANUARY 10, 2006
Members Present: Chair Anderson, Commissioners Lemke,Offerman,Ropp,Scott,Stevens
and Westgaard
Members Absent: None
Staff Present: Scott Clark, Community Development Director;Scott Harlicker,Senior
Planner;Chris Leeseberg,Planner;Terry Maurer, City Engineer;Tina
Allard,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 Board of Adjustments Agenda
MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER WESTGAARD TO APPROVE THE JANUARY 10,2006
BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED-0.
1110 3. Consider 12/13/05 Board of Adjustments Minutes
MOVED BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER SCOTT TO APPROVE DECEMBER 13,2005,BOARD OF
ADJUSTMENTS MINUTES. MOTION CARRIED 7-0.
4. Request by Hearthstone Builders for a Side Yard Setback Variance
Planner Chris Leeseberg reviewed the request by Hearthstone Builders to allow a deck to
encroach four feet into the 10-foot required side yard setback. Mr.Leeseberg explained the
homeowner's desire to allow a secondary exit point at street grade. He noted that the deck
was constructed prior to a building permit being issued,due to a miscommunication
between the applicant and the construction crew. Mr.Leeseberg reviewed the five findings
which 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 comments, Chair
Anderson closed the public hearing.
Chair Anderson asked if Hearthstone Builders was aware of the setbacks when they
constructed the deck. Mr.Leeseberg stated that he was not sure of the communication
between the homeowner and the builder.
Commissioner Offerman stated that he visited the site and did not have a problem with the
• request. He stated that there was considerable open area between the home and the adjacent
home and recommended approval of the variance.
Chair Anderson asked if the variance would stay in place if the house was sold. Mr. •
Leeseberg stated yes.
Commissioner Westgaard stated that since the home was custom-built and constructed right
up to the lot line,he did not understand how setback details were overlooked. In addition,
the utilities were run on that side of the house. He felt that the owner and builder should
have been aware of the situation. Commissioner Westgaard stated that the Commission
denied a similar request,but felt in that instance there was an alternative option. He
questioned how the three steps could be navigated with a wheelchair. He also was
concerned that the deck was constructed prior to obtaining a building permit.
Commissioner Stevens asked if there may be code issues with the gas and electric meter
locations. Mr.Leeseberg stated that the Building Department will consider these issues as
part of the building permit review. Commissioner Stevens concurred that the situation
lacked proper planning.
MOTION BY COMMISSIONER STEVENS, SECONDED BY COMMISSIONER
OFFERMAN TO APPROVE THE REQUEST TO ALLOW A 6-FOOT SIDE
YARD SETBACK,AS REQUESTED BY HEARTHSTONE BUILDERS.
MOTION CARRIED 7-0.
6. Adjournment
There being no further business,MOVED BY COMMISSIONER WESTGAARD AND
SECONDED BY COMMISSIONER STEVENS TO APPROVE ADJOURN THE
MEETING. MOTION CARRIED 7-0. •
The meeting of the Elk River Board of Adjustments adjourned at 6:45 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary
•