12-12-2006 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, DECEMBER 12, 2006
Members Present: Chair Lermke,Offerman,Ropp,Scott,Stevens and Westgaard
Members Absent: Commissioner Anderson
Staff Present: Scott Clark,Community Development Director; Sheila Cartney,Senior
Planner;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 Lemke.
2. Consider Request by Elk River Investments, LLC for a 201 Foot Frontage Variance, Public
Hearing-Case No.V 06-06
Planning Manager Jeremy Barnhart explained that the applicant is requesting a variance to
allow the subdivision of land with a lot frontage dimension less than 300 feet,as required by
ordinance. The applicant intends to consolidating four existing parcels into three new
parcels,retaining the intent of larger lots. He stated that one the proposed three lots,Outlot
• C,does not meet the frontage requirements.Mr.Barnhart reviewd the five criteria for
granting a variance, stating that staff feels the standards for a variance have been met and
recommends approval of the request with the two conditions noted in the staff report. Mr.
Barnhart noted that approval of the variance will allow the applicant to sell the property to
adjacent land owners.
Commissioner Stevens asked if the land use will be changing. Mr.Barnhart stated no.
Chair Lemke opened the public hearing. There being no public comment,Chair Lemke
closed the public hearing.
MOVED BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER SCOTT TO APPROVE THE REQUEST BY ELK RIVER
INVESTMENTS FOR A 201-FOOT FRONTAGE VARIANCE,CASE NO.V 06-06,
BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT WOULD LIKELY CAUSE UNDUE
HARDSHIP,AS THE REGULATIONS IN PLACE MAY BE
INCONSISTENT WITH THE COMPREHENSIVE PLAN FOR THE
PROPERTY.
2. THE HARDSHIP IS CREATED BY THE ORDINANCE NOT
PRESCRIBING REQUIREMENTS THAT APPEAR TO BE
INCONSISTENT WITH THE COMPREHENSIVE PLAN. THIS IS
• UNIQUE.
• 3. BECAUSE NO REGULATION HAS BEEN ESTABLISHED BY THE CITY
TO GOVERN THE SUBJECT PROPERTY,THE PROPERTY OWNER IS
IN LIMBO WITH REGARD TO HIS PLANS FOR THE PROPERTY. THE
PROPERTY OWNER HAS AGREED TO ACCEPT CERTAIN CONDITIONS
THAT FURTHER THE GOALS OF THE DISTRICT,WHILE ALLOWING
FOR THE SALE AND SUBDIVISION OF THE LAND.
4. THE APPLICANT IS NOT PERMITTED TO SUBDIVIDE THE PROPERTY
BECAUSE NO MINIMUM STANDARDS FOR LOT SIZE HAVE BEEN
ESTABLISHED. OTHER PROPERTIES IN THE CITY COULD
SUBDIVIDE, PROVIDED THEIR SUBDIVISION MEETS ESTABLISHED
CRITERIA.
5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER
PROPERTIES IN THE VICINITY. THE VARIANCE AS APPROVED WILL
REDUCE THE NONCONFORMITY,AND PRESERVE THE GOALS
ESTABLISHED BY THE COMPREHENSIVE PLAN.
AND WITH THE FOLLOWING CONDITION:
1. ALL LOTS CREATED SHALL BE DESIGNATED AS OUTLOTS,
PERMITTING NO PRINCIPLE BUILDINGS,UNLESS THE CITY
COUNCIL APPROVES A REPLAT OF THE SUBJECT AREA.
2. ONLY THREE LOTS SHALL BE CREATED,TWO LOTS TO BE TEN
ACRES WITH 300 FEET FRONTAGE,AND ONE LOT SHALL BE AT
• LEAST 70 ACRES.
Commissioner Offerman asked if this property would be subject to the 2 1/2-acre rezoning
phasing. Mr.Barnhart stated no,that the property is in the Commercial Reserve District.
MOTION CARRIED 6-0.
3. Adjournment
There being no further business,MOVED BY COMMISSIONER STEVENS TO
ADJOURN THE MEETING.
The meeting of the Elk River Board of Adjustments adjourned at 6:40 p.m.
Respectfully submitted,
Ze:A( ' X14
Debbie Huebner
Recording Secretary
•