10-25-2016 BA MINMeeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, October 25, 2016
Members Present: Chair Eric Johnson, Commissioners Alexander Feinstein, Mark Konietzko,
Mike Nicholas, Jill Larson -Vito, Robert Rydberg and Brad Thiel
Members Absent: None
Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg and Sr.
Administrative Assistant Debbie Huebner
Also Present: Councilmember Barb Burandt, Council Liaison
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 25, 2016, Agenda
Moved by Commissioner Larson -Vito and seconded by Commissioner Nicholas to
approve the October 25, 2016, Board of Adjustments agenda. Motion carried 7-0.
3.1 Consider September 27, 2016 Board of Adjustments Minutes
Motion by Commissioner Larson -Vito and seconded by Commissioner Thiel to
approve the September 27, 2016 Board of Adjustments Minutes. Motion carried 7-0.
4.1 Progressive Builders — 10844 Twin Lakes Parkway NW
Wetland Setback Variance, Case No. V 16-11
Chris Leeseberg presented the staff report. Staff recommended approval of the variance
request based on the findings listed in the staff report.
Commissioner Thiel asked if the deck was built without a permit. Mr. Leeseberg stated yes.
Commissioner Thiel also asked if the concrete pad underneath the deck was in the buffer
strip. Mr. Leeseberg indicated yes, it was.
Board of Adjustments Minutes
October 25, 2016
Page 2
Chair Johnson opened the public hearing. There being no public comment, Chair Johnson
closed the public hearing.
The Commissioners discussed the criteria for granting a variance. It was the consensus of
the Board of Adjustments that the request meets all five criteria.
Motion by Commissioner Konietzko and seconded by Commissioner Feinstein to
approve the request by Progressive Builders for a 12 -foot wetland setback variance,
Case No. V 16-11, 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, 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 5-0.
4.2 Michael and Rosie Reger - 19538 Albany Street NW
• Side Yard Setback Variance, Case No. V 16-13
The staff report was presented by Chris Leeseberg. Staff recommended denial of the request
based on the finding that #1, 3 and 4 of the criteria for granting a variance cannot be met.
Chair Johnson asked if staff had discussed the criteria with the applicant. Mr. Leeseberg
stated that he discussed the wetland setback regulations and process, but not the specific
criteria.
Chair Johnson opened the public hearing. There being no public comment, Chair Johnson
closed the public hearing.
It was the consensus of the Board of Adjustments that Criteria 1, 3, 4 and 5 cannot be met.
Motion by Commissioner Konietzko and seconded by Commissioner Larson -Vito to
deny the request by Michael and Rosie Reger, Case No. V 16-13, based on the
finding that the criteria cannot be met. Motion carried 7-0.
Board of Adjustments Minutes Page 3
October 25, 2016
4.3 Gayle Murray — 19261 Ogden Street NW
Wetland Setback Variance, Case No. V 16-14
Chris Leeseberg introduced this item. The staff report was presented by Kristin Mrotz-
Risse. Staff recommended approval with the eight conditions listed in the staff report.
Chris Murray, 19262 Ogden St. NW, applicant — stated he was present to answer questions.
Chau Johnson asked if he was ok with the conditions. Mr. Murray stated yes.
There being no other comments, Chau Johnson closed the public hearing.
Motion by Commissioner Konietzko and seconded by Commissioner Nicholas to
approve the variance request by Gayle Murray, 19261 Ogden Street NW, to encroach
45 feet into the 45 -foot wetland setback, based on 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, 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.
3. No animals will be permitted within the wetland while surface water is present.
4. All conditions and best practices outlined by the Wetland Conservation Act —
Technical Evaluation Panel decision shall be met.
5. A manure management plan is required to be completed following the Minnesota
Pollution Control Agency Technical Guidelines for Manure Management and
Applications.
6. All standards described in Section 30-803 — Animals of the city code must be
achieved for the 2.32 acres of fenced pasture land.
7. If the number of agricultural animals exceeds the permitted number of animal
units for 2.32 acres of fenced pasture land, the variance will not be recorded until
a Conditional Use Permit is obtained. Compliance shall be established, or a
permit applied for no later than November 29, 2016.
8. If there is a change to the configuration of the fenced pasture land, a new plan is
required, and must be approved by the city.
Motion carried 7-0.
Board of Adjustments Minutes
October 25, 2016
S. Adjournment
Page 4
There being no further business, Chau Eric Johnson adjourned the meeting of the Elk River
Board of Adjustments at 6:58 p.m.
Minutes prepared by Debbie Huebner
Tina Allard
City Clerk
Enc Johnson
Planning Commission Chau