3.1 PCSR 07-26-2016Meeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, June 28, 2016
Members Present: Chair Eric Johnson, Commissioners Alexander Fei
Mike Nicholas and Brad Thiel
Members Absent: Commissioner Mark Konietzko
Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Planner
BrieAnna Simon and Sr. Administrative Assistant Debbie Huebner
Also Present: Councilmember Barb Burandt, Council Liaison
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 Johnson.
2.Pledge of Allegiance
The Pledge of Allegiance was recited.
3.Consider June 28, 2016, Agenda
Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to
approve the June 28, 2016, Board of Adjustments agenda. Motion carried 6-0.
4.Consider May 24, 2016 Minutes
Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to
approve the May 24, 2016 Planning Commission minutes. Motion carried 6-0.
5.1 Justin Werk Ï 18681 Ulysses Street NW
Wetland Buffer Setback Variance, Case No. V 16-05
BrieAnna Simon 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. There being no further
Johnson closed the public hearing.
The Board of Adjustments reviewed the five criteria for the variance requests as follows:
Board of Adjustments Minutes Page 2
June 28, 2016
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1.Is in harmony with the general purpose and intent of the ordinan
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 Nicholas and seconded by Commissioner Crook 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 t
consequence of the petition's own action or inaction.
Motion by Commissioner Feinstein and seconded by Commissioner Larson-Vito
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.
Motion by Commissioner Larson-Vito and seconded by Commissioner Crook to
approve the request by Justin Werk, Case No. V 16-05, for a 10.5 foot wetland buffer
setback variance, 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 conditions:
1.The area within the 25 foot wetland buffer strip 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 wetland buffer strip area must be signed to identify the buffer
edge and note that maintenance is not permitted within the area.
Motion carried 6-0.
Board of Adjustments Minutes Page 3
June 28, 2016
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5.2 Thomas and Kristin Gannon Ï 17875 Concord Street NW
Variance to wetland buffer setback, Case No. V 16-07
The staff report was presented by BrieAnna Simon. Staff recomme
request based on the findings listed in the staff report.
Chair Johnson opened the public hearing. There being no commen
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 ordinan
Motion by Commissioner Feinstein and seconded by Commissioner Larson-Vito
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.
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 t
consequence of the petition's own action or inaction.
Motion by Commissioner Larson-Vito and seconded by Commissioner Nicholas
hat 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 Thiel and seconded by Commissioner Nicholas that
the request meets Criteria #5. Motion carried 6-0.
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Motion by Commissioner Larson-Vito and seconded by Commissioner Crook to
approve the request by Thomas and Kristin Gannon for Variance encroach 13 feet
into the required 45-foot wetland setback, based on the following findings:
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.
Board of Adjustments Minutes Page 4
June 28, 2016
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and, with the following conditions:
1.The area within the 25 foot wetland buffer strip 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 wetland buffer strip area must be signed to identify the buffer edge
and note that maintenance is not permitted within the area.
Motion carried 6-0.
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Thomas Gannon, applicant, stated he objected to the signage requirement. Mr. Carlton
stated that the Board of Adjustments could amend their motion if they wished to remove
the requirement. Chair Johnson stated that the requirement was consistent with other
approvals and felt it should remain.
5.3 Church of St. Andrews Ï 524 and 534 Fourth Street NW
Variance for number and size of accessory structures, Case No. V
The staff report was presented by Chris Leeseberg. Staff recomm
request based on the findings listed in the staff report.
Chair Johnson opened the public hearing. There being no commen
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 ordinan
Motion by Commissioner Thiel 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 Feinstein and seconded by Commissioner Crook 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 t
consequence of the petition's own action or inaction.
Board of Adjustments Minutes Page 5
June 28, 2016
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a. Size of Accessory Structures
Motion by Commissioner Larson-Vito and seconded by Commissioner Nicholas
that the request meets Criteria #4. Motion carried 6-0.
b.Number of Accessory Structures
Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that
the request does not meets Criteria #4. Motion carried 6-0.
5.The variance, if granted, will not alter the essential character of the locality.
Motion by Commissioner Nicholas and seconded by Commissioner Feinstein
that the request meets Criteria #5. Motion carried 6-0.
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Motion by Commissioner Nicholas and seconded by Commissioner Larson-Vito to
approve the request by Church of St. Andrews for Variance to the maximum size of
accessory structures, based on the following findings:
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:
th
1.The total allowed square footage for the combined subject properties (534 4
th
Street & 524 4 Street) shall not exceed 1,700 square feet.
2.The total number of detached accessory structures for the combined subject
properties (534 4th Street & 524 4th Street) shall not exceed two (2).
3.The demolition permit for the home at 524 4th Street shall not be approved until
the two parcels are combined.
Motion carried 6-0.
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Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to deny
the request by Church of St. Andrews for Variance to the maximum number of
accessory structures, based on the following findings:
1.The plight of the petitioner is due to circumstances unique to the property but is
a consequence of the petitioners own action or inaction.
Motion carried 6-0.
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Mr. Leeseberg noted that the denial of the second portion of the
automatically appealed to the City Council at their July 18, 2016, meeting.
Board of Adjustments Minutes Page 6
June 28, 2016
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6. General Business Ï
There was no general business.
7. Announcements
- None
8. Adjournment
There being no further business, Chair Eric Johnson adjourned th
Board of Adjustments at 6:55 p.m.
Minutes prepared by Debbie Huebner.
____________________ ______________________
Eric Johnson Tina Allard
Planning Commission Chair City Clerk