4.1 PCSR 08-23-2016 DRAFT MIN Item 4.1
iik ,. Meeting of the Elk River Board of Adjustments
Ri ver Held at the Elk River City Hall
Tuesday,July 26, 2016
Members Present: Chair Eric Johnson,Commissioners Alexander Feinstein,Mark Konietzko,
Jill Larson-Vito,Mike Nicholas and Brad Thiel
Members Absent: Commissioner Crook
Staff Present: Planning Manager Zack Carlton,Planner BrieAnna Simon 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 July 26, 2016, Agenda
Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to
approve the July 26,2016, Board of Adjustments agenda. Motion carried 6-0.
4. Consider June 28, 2016 Minutes
Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to
approve the June 28,2016, Planning CommissionBoard of Adjustments minutes.
Motion carried 6-0.
5.1 Adam Pramann — 18514 Olson 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 asked if the buffer strip is currently being mowed. Ms. Simon stated yes,but
the applicant is now aware that the strip can no longer be mowed and signage for buffer area
is included as a condition.
Board of Adjustments Minutes Page 2
July 26,2016
Chair Johnson opened the public hearing.
Adam Pramann, 18514 Olson Street NW, applicant—introduced himself. Chair Johnson
asked him if he had any concerns with the conditions. Mr. Pramann stated that the
conditions were acceptable.
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 Larson-Vito 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 Konietzko 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 Larson-Vito and seconded by Commissioner Nicholas
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 Feinstein
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 Konietzko and seconded by Commissioner Larson-Vito to
approve the request by Adam Pramann, Case No.V 16-05,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.
Board of Adjustments Minutes Page 3
July 26,2016
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.
5.2 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
Zack Carlton stated that the applicant has re-evaluated the originally proposed sign after the
July 20, 2016,City Council meeting and has decided the to relocate the sign. He noted that a
public hearing had been advertised,but no action is needed, since no additional variance is
neededrequired.
6. General Business —There was no general business.
7. Announcements - None
8. Adjournment
There being no further business, Chair Eric Johnson adjourned the meeting of the Elk River
Board of Adjustments at 6:37 p.m.
Minutes prepared by Debbie Huebner.
Eric Johnson Tina Allard
Planning Commission Chair City Clerk