12-22-2015 BA MIN ity of
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1 Meeting of the Elk River Board of Adjustments
River Held at the Elk River City Hall
Tuesday, December 22, 2015
Members Present: Chair Eric Johnson, Commissioners Jeremy Johnson,Jill Larson-Vito,Mark
Konietzko and Brad Thiel
Members Absent: Commissioner Garrett Christianson and Andrew Crook
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 December 22, 2015 Agenda
Moved by Commissioner Konietzko and seconded by Commissioner Thiel to
approve the October 27,2015,Board of Adjustments agenda. Motion carried 5-0.
4.1 Request by Elk River Independent School District#728 for a Variance to
encroach into the wetland buffer and setback areas to construct an addition
at 900 School Street NW, Case No. V 15-15 — Public Hearing
Chris Leeseberg presented the staff report.
Chair Johnson asked if the environmental team has reviewed the request. Mr. Leeseberg
stated yes,all departments are represented at the staff site plan review meeting,and that
Kristin Mroz and Brandon Wisner have been working the school district since the beginning
of the planning stages of this project. Chair Johnson asked if there would be any filling of
the wetlands. Mr. Leeseberg stated no. Chair Johnson asked if any of the current buildings
on the campus are non-conforming. Mr. Leeseberg stated that he did not measure them,but
he was not aware of any encroachment of other buildings into the wetland setbacks.
Chair Johnson opened the public hearing.
Harold Williams, 11936 190th Circle NW, School View First Addition,asked where the extra
parking located on this site will go. Mr. Leeseberg stated that the area in front of the ice
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December 22,2015
arena will be striped for 90 parking stalls. Mr. Williams asked if the walking path near his
property will be kept open. He stated that he approached the city to install an actual trail but
was told they could not because of the wetlands. He questioned if it would be allowed now,
since they are going to allow the proposed gym to encroach into the wetland setbacks. Mr.
Leeseberg stated Mr.Williams should forward this request to the Parks &Recreation staff.
Valerie Williams, 11936 190th Circle NW,asked if the small holding pond would have to be
filled in,and if so,where would the drainage go. She noted that the water table is high in
this area and most of the homes in her development do not have basements.
Robert Sehm,Wold Architects&Engineers,representing the applicant, stated that they have
reviewed the calculations and there will not be an increase in the runoff. He noted that they
will be adding green space in the design of the west parking lot. Mr. Sehm explained that
there will be no additional hard surface and the runoff will be the same as it is now.
There being no further public comment, Chair Johnson closed the public hearing.
The Board of Adjustments reviewed the five criteria for the variance requests as follows:
1. Is in harmony with the general purpose and intent of the ordinance.
Motion by Commissioner Konietzko 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 Thiel 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 Larson-Vito and seconded by Commissioner Johnson
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 Johnson and seconded by Commissioner Konietzko
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 Larson-Vito and seconded by Commissioner Johnson
that the request meets Criteria#5. Motion carried 5-0.
Motion by Commissioner Konietzko and seconded by Commissioner Thiel to
approve the request by ISD #728, Case No.V 15-15 for a 17-foot variance to the
wetland buffer strip and a 20-foot variance to the wetland buffer strip setback for the
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December 22,2015
building,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 Public/Institutional and the proposed
institutional use is consistent with the comprehensive plan.
3. The proposed institutional use is reasonable and is permitted in the zoning
ordinance.
4. The uniqueness of the property is the location of the existing school,parking,
arena and wetland. These issues are not a consequence of the petition's own
action or inaction.
5. The variance will not alter the essential character of the locality.
Motion carried 5-0.
Motion by Commissioner Johnson and seconded by Commissioner Larson-Vito to
approve the request by ISD #728, 25-foot variance to the wetland buffer strip and a
20-foot variance to the wetland buffer strip setback for the sidewalk,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 Public/Institutional and the proposed
institutional use is consistent with the comprehensive plan.
�.. 3. The proposed institutional use is reasonable and is permitted in the zoning
ordinance.
4. The uniqueness of the property is the location of the existing school,parking,
arena and wetland. These issues are not a consequence of the petition's own
action or inaction.
5. The variance will not alter the essential character of the locality.
Motion carried 5-0.
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.
Minu es prepared by Debbie Huebner.
c Johnson Tina Allard
Planning Commission Chair City Clerk