08-08-2006 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, AUGUST 8, 2006
Members Present: Chair Lemke, Commissioners Anderson,Offerman,Ropp,Scott and
Westgaard
Members Absent: Commissioner Stevens
Staff Present: Jeremy Barnhart,Planning Manager;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 Lemke.
2. Consider Board of Adjustments Agenda
MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER WESTGAARD TO APPROVE THE AUGUST 8,2006 BOARD
OF ADJUSTMENTS AGENDA. MOTION CARRIED 6-0.
3. Consider Request by Cemstone Products Company for 10-ft.Building Height Variance,
• Public Hearing—Case No.V 06-04
Planning Manager Jeremy Barnhart explained that Cemstone is requesting a variance to allow
their existing 66-foot tall plant to be enclosed with a structure that is 70 feet tall. He noted
that the maximum height allowed in the I-2 zoning district is 60 feet. He stated that
enclosing the facility will help to address noise and dust issues. The existing structure was
approved in 2005 and staff feels there has been no extreme impact on neighboring
properties,and that the additional 10 feet in height would create no additional impacts,and
that the additional height was consistent with the intent of the ordinance. Staff recommends
approval of the request with the two conditions listed in the staff report.
Commissioner Westgaard asked if the applicant is agreeable to Condition#1 which required
the precast concrete panels to be integrally colored and or exposed. Mr.Barnhart stated that
he is not aware of an objection.
Commissioner Offerman asked why two choices are offered. Mr.Barnhart stated that the
applicant can chose which option is most economical. Commissioner Westgaard explained
the difference in the two finishes.
Chair Lemke opened the public hearing.
Ken Kuhn,Cemstone Products,Inc.—Provided photographs of a site in East Bethel as
an example of what they are planning for the Elk River location. Commissioner Offerman
asked if Cemstone was agreeable to the condition regarding the exterior finish. Mr. Kuhn
stated yes.
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Commissioner Westgaard stated that he felt it would visually improve the site to enclose the
facility,as well as improve the noise levels. •
MOTION BY COMMISSIONER WESTGAARD,SECONDED BY
COMMISSIONER ROP TO APPROVE THE REQUEST BY CEMSTONE
PRODUCTS, INC. FOR A 10-FOOT BUILDING HEIGHT VARIANCE,CASE
NO.V 06-04,BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT WOULD CAUSE UNDUE HARDSHIP,AS
THE APPLICANT WOULD NOT BE ABLE TO ENCLOSE THEIR
STRUCTURE IN A REASONABLE MANNER. THE EXISTING
STRUCTURE EXCEEDS THE HEIGHT LIMITS AND THE ADDITION IS
INTENDED TO CLEAN UP THE APPEARANCE.
2. THE HARDSHIP IS CAUSED BY THE SPECIAL CONDITIONS PECULIAR
TO THE SITE, WHICH IS THAT THE EXISTING STRUCTURE IS
ALREADY NON-CONFORMING.
3. THE SPECIAL CONDITIONS ARE NOT A CONSEQUENCE OF THE
PETITIONER'S OWN ACTION,AS THE STRUCTURE WAS IN
EXISTENCE WHEN THE APPLICANT PURCHASED THE PROPERTY.
4. THE APPLICANT WOULD NOT BE ABLE TO PROTECT THEIR
INVESTMENT WITH A STRUCTURE AS OTHER PROPERTIES IN THE
AREA WOULD BE ABLE TO.
5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER •
PROPERTIES IN THE VICINITY. IT WILL IMPROVE THE WELFARE
OF NEIGHBORS BY REDUCING NOISE AND DUST.
AND WITH THE FOLLOWING CONDITIONS:
1. THE BUILDING SHALL NOT EXCEED 70 FEET IN HEIGHT.
2. THE PRECAST CONCRET PANELS SHALL BE INTEGRALLY COLORED
AND/OR EXPOSED.
MOTION CARRIED 6-0.
6. Adjournment
There being no further business,MOVED BY COMMISSIONER OFFERMAN AND
SECONDED BY COMMISSIONER ROPP TO ADJOURN THE MEETING.
MOTION CARRIED 6-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:45 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary •