4.1 BASR 06-28-2016 DRAFT MIN Item 4.1
City
Elk Meeting of the Elk River Board of Adjustments
River Held at the Elk River City Hall
Tuesday, May 24, 2015
Members Present: Chair Eric Johnson,Commissioners Alexander Feinstein,Mark Konietzko,
Jill Larson-Vito,Michael Nicholas and Brad Thiel
Members Absent: Commissioner Andrew Crook
Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg and Sr.
Administrative Assistant Debbie Huebner
Also Present: Councilmember Barb Burandt,Council liaison
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 May 24, 2016, Agenda
Moved by Commissioner Larson-Vito and seconded by Commissioner Nicholas to
approve the May 24,2016, Board of Adjustments agenda. Motion carried 6-0.
4.1 Daryl Hartman— 1 302 5th Street NW
Front Yard Setback Variance, Case Np/V 16-03
Chris Leeseberg presented the staff report. Staff recommended approval of the request,
based on the findings listed in the staff report.
Chair Johnson opened the public hearing.
Sture Forsell,1232 5th Street NW—Stated he was a neighbor of the applicant and was in
favor of the variance.
Korrin Kaufmann,12215th Street NW-Stated she was also a neighbor and would like the
Board to approve the variance. She stated she felt the addition would enhance the
neighborhood.
There being no further public comment,Chair Johnson closed the public hearing.
Board of Adjustments Minutes Page 2
May 24,2016
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 Feinstein
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 Nicholas
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 Konietzko 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 Larson-Vito and seconded by Commissioner Konietzko
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 Konietzko and seconded by Commissioner Thiel that
the request meets Criteria#5. Motion carried 6-0.
Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to
approve the request by Daryl Hartman, Case No.V 16-03,for a 10-foot front yard
setback variance to reduce the setback from 30 feet to 20 feet,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 use is consistent with the
comprehensive plan.
3. The proposed use is reasonable and is permitted in the zoning ordinance.
4. The plight of the petitioner is due to circumstances unique to the property not
a consequence of the petitioners own action or inaction.
5. The variance will not alter the essential character of the locality.
and,with the following condition:
1. The front yard setback shall be reduced to 20 feet on the 5d'Street side of the
subject property.
Motion carried 6-0.
Board of Adjustments Minutes Page 3
May 24,2016
4.2 Franklin Outdoor Advertising—Waco Street & V.S. Highway I 0 (Outlot A—
Elk Path Business Center)
• Variance to wetland buffer setback, Case No. V 16-04
The staff report was presented by Zack Carlton. Staff recommended approval of the request
based on the findings listed in the staff report.
Chair Johnson opened the public hearing.
Steve Anderson of Franklin Outdoor Advertising—stated the new location will be safer
to access and out of the wetland.
Keith Franklin of Franklin Outdoor Advertising—stated that when they originally
purchased the property,Waco Street was a dirt road and there was no wetland. He stated
that it had been a good experience working with the planning staff.
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 Nicholas
that the request meets Criteria#1. Motion carried 6-0.
2. Is consistent with the City of Elk River comprehensive plan.
Motion by Commissioner Nicholas and seconded by Commissioner Thiel 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 Feinstein and seconded by Commissioner Larson-Vito
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 Larson-Vito and seconded by Commissioner Thiel 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 Konietzko and seconded by Commissioner Thiel that
the request meets Criteria#5. Motion carried 6-0.
Motion by Commissioner Nicholas and seconded by Commissioner Larson-Vito to
approve the request by Franklin Outdoor Advertising for Variance encroach 20 feet
into the required 20-foot wetland buffer setback,based on the following findings:
Board of Adjustments Minutes Page 4
May 24,2016
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of residential and the use is consistent with the
comprehensive plan.
3. The proposed use is reasonable and is permitted in the zoning ordinance.
4. The plight of the petitioner is due to circumstances unique to the property not a
consequence of the petitioners own action or inaction.
5. The variance will not alter the essential character of the locality.
and,with the following conditions:
1. Approval of the Preliminary and Final Plats for KAF Acres.
2. Construction activities shall not impact the 25 foot wetland buffer area as
described in sec. 30-1852.
3. Vegetation within the 20 foot wetland buffer setback(structures) shall be
returned to their original condition after construction.
4. Paving (class V,bituminous, or other) shall not be permitted within the 20 foot
wetland buffer area.
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 6:50 p.m.
Minutes prepared by Debbie Huebner.
Eric Johnson Tina Allard
Planning Commission Chair City Clerk