4.1 BASR 09-22-2015 DRAFT MINUTES ED � n FT Item 4.1
City of
ElkMeeting of the Elk River Board of Adjustments
River Held at the Elk River City Hall
Tuesday, August 25, 2015
Members Present: Chair Eric Johnson, Commissioners Jeremy Johnson,Jill Larson-Vito,Mark
Konietzko and Brad Thiel
Members Absent: Commissioners Garrett Christianson Andrew Crook
Staff Present: Park Planner/Planner Chris Leeseberg,Planner Zack Carlton and Sr.
Administrative Assistant Debbie Huebner
I. 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 Johnson.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider August 25, 2015 Agenda
Moved by Commissioner Johnson and seconded by Commissioner Konietzko to
approve the August 25, 2015, Board of Adjustments agenda. Motion carried 5-0.
4.1 Request by Washington Street Investors for wetland setback Variance to
construct home, Lot 10, Block I, West Oaks Third Addition, Case No. V 15-
10— Public Hearing
4.2 Request by Washington Street Investors for wetland setback Variance to
construct home, Lot I I, Block I, West Oaks Third Addition, Case No. V I5-
I I — Public Hearing
4.3 Request by Washington Street Investors for wetland setback Variance to
construct home, Lot 22, Block I, West Oaks Third Addition, Case No. V 15-
12 — Public Hearing
Zack Carlton presented the staff report for the three variance requests. He stated that the
applicant is proposing to build townhomes on these lots. Mr. Carlton reviewed the lots
impacted by the wetlands. He noted that West Oaks Third Addition was platted and the
townhome lots were fully developed prior to the wetland buffer ordinance being enacted.
Mr. Carlton reviewed each of the five criteria that must met in order to grant a variance.
Chair Johnson asked if the Environmental Technician was comfortable with the variances.
Mr. Carlton stated yes.
Board of Adjustments Minutes Page 2
August 25,2015
Chair Johnson opened the public hearing for the three requests by Washington Street
Investors. No one appeared for or against the requests. Chair Johnson closed the public
hearing.
The Board of Adjustments reviewed the five criteria as follows:
1. Is in harmony with the general purpose and intent of the ordinance.
Motion by Commissioner Larson-Vito and seconded by Commissioner Johnson
that the request meets Criteria#1. Motion carried 5-0.
2. Is consistent with the City of Elk River comprehensive plan.
Motion by Commissioner Johnson and seconded by Commissioner Konietzko
that the request meets Criteria#2. Motion carried 5-0.
3. The petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance
Motion by Commissioner Johnson and seconded by Commissioner Konietzko
that the request meets Criteria#3. Motion carried 5-0.
4. The plight of the petitioner is due to circumstances unique to the property not a
consequence of the petition's own action or inaction.
Motion by Commissioner Konietzko and seconded by Commissioner Johnson
that the request meets Criteria#4. Motion carried 5-0.
5. The variance,if granted,will not alter the essential character of the locality.
Motion by Commissioner Johnson and seconded by Commissioner Konietzko
that the request meets Criteria #5. Motion carried 5-0.
Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to
approve the request by Washington Street Investors for a 6-ft.wetland setback
variance to construct a home on Lot 10, Block 1,West Oaks Third Addition, Case
No.V 15-10,based on the finding that all five criteria can be met,with the following
conditions:
1. The area around the home within the 25-foot setback is not to be maintained as
yard area (no mowing, no planting, and no landscaping) and must be left to grow
naturally.
2. The 25-foot buffer area must be signed to identify the buffer edge and note that
maintenance is not permitted within the area.
3. Drainage from all structures shall be directed away from the wetlands when
possible.
Motion carried 5-0.
Board of Adjustments Minutes Page 3
August 25,2015
Motion by Commissioner Konietzko and seconded by Commissioner Johnson to
approve the request by Washington Street Investors for a 3-ft.wetland setback
variance to construct a home on Lot 12, Block 1,West Oaks Third Addition, Case
No.V 15-12, based on the finding that all five criteria can be met,with the following
conditions:
1. The area around the home within the 25-foot setback is not to be maintained as
yard area (no mowing, no planting, and no landscaping) and must be left to grow
naturally.
2. The 25-foot buffer area must be signed to identify the buffer edge and note that
maintenance is not permitted within the area.
3. Drainage from all structures shall be directed away from the wetlands when
possible.
Motion carried 5-0.
Motion by Commissioner Johnson and seconded by Commissioner Thiel to approve
the request by Washington Street Investors for a 12-ft.wetland setback variance to
construct a home on Lot 11, Block 1,West Oaks Third Addition, Case No.V 15-12,
based on the finding that all five criteria can be met,with the following conditions:
1. The area around the home within the 25-foot setback is not to be maintained as
yard area (no mowing, no planting, and no landscaping) and must be left to grow
naturally.
2. The 25-foot buffer area must be signed to identify the buffer edge and note that
maintenance is not permitted within the area.
3. Drainage from all structures shall be directed away from the wetlands when
possible.
Motion carried 5-0.
5. General Business—There was no general business.
6. Announcements
There were no announcements.
7. Adjournment
There being no further business, Chair Eric Johnson adjourned the meeting of the Elk River
Board of Adjustments at 7:10 p.m.
Eric Johnson Tina Allard
Planning Commission Chair City Clerk