4.1B PCSR 11-24-2015 DRAFT MIN Item 4.1b
Elk •••..r. Meeting of the Elk River Board of Adjustments
River Held at the Elk River City Hall
Tuesday, October 27, 2015
Members Present: Chair Eric Johnson,Commissioners Garrett Christianson,Andrew Crook,Jill
Larson-Vito,Mark Konietzko and Brad Thiel
Members Absent: Commissioner Jeremy Johnson
Staff Present: Planning Manager Zack Carlton,Senior Planner Chris Leeseberg 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 October 27, 2015 Agenda
Moved by Commissioner Larson-Vito and seconded by Commissioner Konietzko to
approve the October 27,2015, Board of Adjustments agenda. Motion carried 6-0.
4.1 Consider September 22, 2015 Board of Adjustments Minutes
Motion by Commissioner Konietzko and seconded by Commissioner Crook to
approve the September 22,2015 Board of Adjustments Minutes with the following
change:
- Commissioner Brad Thiel was absent
Motion carried 6-0.
5.1 Request by Brent and Teresa Christenson for encroachment of a single-
family home and driveway into wetland buffer setbacks, 19338 Carson Circle
NW, Case No. V 15-14— Public Hearing
Chris Leeseberg presented the staff report.
Chair Johnson opened the public hearing.
Board of Adjustments Minutes Page 2
October 27,2015
Brent Christenson,applicant,explained why it was not possible to move the house location,
due to the unique site constraints,including elevations,trees,and wetlands,which impacted
the primary and secondary septic locations and location of the driveway.
Chair Johnson closed the public hearing.
The Board of Adjustments reviewed the five criteria for the driveway variance as follows:
1. Is in harmony with the general purpose and intent of the ordinance.
Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that
the request meets Criteria#1. Motion carried 6-0.
2. Is consistent with the City of Elk River comprehensive plan.
Motion by Commissioner Konietzko and seconded by Commissioner
Christianson that the request meets Criteria#2. Motion carried 6-0.
3. The petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance
Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that
the request meets Criteria#3. Motion carried 6-0.
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
Christianson that the request meets Criteria#4. Motion carried 6-0.
5. The variance,if granted,will not alter the essential character of the locality.
Motion by Commissioner Larson-Vito and seconded by Commissioner Crook
that the request meets Criteria#5. Motion carried 6-0.
The Board of Adjustments reviewed the five criteria for the single-family home variance as
follows:
1. Is in harmony with the general purpose and intent of the ordinance.
Motion by Commissioner Konietzko and seconded by Commissioner
Christianson that the request meets Criteria#1. Motion carried 6-0.
2. Is consistent with the City of Elk River comprehensive plan.
Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that
the request meets Criteria#2. Motion carried 6-0.
Board of Adjustments Minutes Page 3
October 27,2015
3. The petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance
Motion by Commissioner Konietzko and seconded by Commissioner
Christianson that the request meets Criteria#3. Motion carried 6-0.
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
Christianson that the request meets Criteria#4. Motion carried 6-0.
5. The variance,if granted,will not alter the essential character of the locality.
Motion by Commissioner Christianson and seconded by Commissioner
Konietzko that the request meets Criteria#5. Motion carried 6-0.
Motion by Commissioner Christianson and seconded by Commissioner Larson-Vito
to approve the request by Brent and Teresa Christenson for encroachment of a
single-family home and driveway into the wetland buffer setbacks, 19338 Carson
Circle NW, Case No.V 15-14,based on the finding that all five criteria can be met,
and the following reasons:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of residential and the proposed residential
driveway use is consistent with the comprehensive plan.
3. The proposed driveway use is reasonable and is permitted in the zoning
ordinance.
4. Due to topography and proximity to wetlands,the proposed location is likely
the only option and is preferred to the existing driveway location as it has less
wetland impact.
5. The variance will not alter the essential character of the locality.
Motion carried 6-0.
5. General Business—There was no general business.
6. Announcements-None
7. Adjournment
There being no further business,Chair Eric Johnson adjourned the meeting of the Elk River
Board of Adjustments at 6:55 p.m.
Board of Adjustments Minutes Page 4
October 27,2015
Minutes prepared by Debbie Huebner.
Eric Johnson Tina Allard
Planning Commission Chair City Clerk