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4.1 PCSR 01-24-2017 BA DRAFT MIN Meeting of the Elk River Board of Adjustments Held at the Elk River City Hall Tuesday, December 27, 2016 Members Present: Chair Eric Johnson, Commissioners Alexander Fei Mike Nicholas, Jill Larson-Vito, Robert Rydberg and Brad Thiel Members Absent: None Staff Present: Planning Manager Zack Carlton, Planner BrieAnna 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 December 27, 2016, Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Nicholas to approve the December 27, 2016, Board of Adjustments agenda. Motion carried 7-0. 4.1 Renae Hauge Ï 479 Upland Avenue NW Front Yard and Rear Yard Setback Variances, Case No. V 16-16 Zack Carlton presented the staff report. Staff recommended appr request based on the findings listed in the staff report, and wi Chair Johnson opened the public hearing. th Delores Kratzke, 1707 5 Street NW Ï expressed her opposition to the variance request. She presented various documents to support her position (included in the official record of the meeting). Renae Hauge, applicant, stated that her offer to purchase the property is contingent up approval of the variance. She stated she is not planning to construct a 10 foot deck, nor a two-story home. She stated that she is looking a modest home th Board of Adjustments Minutes Page 2 December 27, 2016 ----------------------------- Hauge stated she was surprised to see staffÔs recommendation for an 8-foot high fence, as that was not discussed and she was unsure why it was proposed. Steve Schwartz, 511 Upland Ï stated he was a neighbor to the north of the subject property. Mr. Schwartz stated that he did not feel there was any way a driveway could be th placed on 5 Street for this property. He stated that he felt a standard si 24-ft. by 40-ft. rambler, would not present the need for a varia been water issues in the area, due to a possible artesian aquife Mr. Carlton stated that those issues would be addressed at the time of the building permit application, as well as the amount of impervious surface. He noted that the request is not for a subdivision, since the subdivision was approved in 2005. raised by Ms. Kratzke would not pertain to the request at hand. There being no further public comment, Chair Johnson closed the public hearing. Discussion followed regarding the setbacks and location of the a th Upland Avenue or 5 Street. It was the consensus of the Commission to strike condition #2 for the 8-foot fence, since the applicant did not wish to have a fence, nor was the neighbor in favor of the fence. The Commission consensus was that the five criteria necessary for granting a variance are met. Motion by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend approval of the request by Renae Hauge for a 15-foot front yard setback variance, based on the following criteria: 1.The general purpose and intent of front yard setbacks is to provide a uniform/controlled look to the front of structures. The general purpose and intent of rear and side yard setbacks is to keep structures reasonably separated from one another. The purpose and intent of these setbacks is in harmony with the ordinance. 2.The comprehensive plan guides this property as Residential. The proposed residential use is consistent with the Comprehensive Plan. 3.Building a residential home on a city approved parcel with setbacks that are more compliant then neighboring properties is using the property in a reasonable manner. 4.The plight of the property is that it received variances for lot size and lot width in 2005, prior to the applicant purchasing it. A front yard setback variance was anticipated when the property was platted. 5.The character of the locale is one of varying front yard setbacks and approving these variances will not alter that character. and with the following conditions: 1.No principal structure can be closer than 20 feet to the south property line. 2.The variance does not apply to accessory structures. Board of Adjustments Minutes Page 3 December 27, 2016 ----------------------------- Motion carried 7-0. ----------------- Motion by Commissioner Larson-Vito and seconded by Commissioner Konietzko to recommend approval of the request by Renae Hauge for a 10-foot rear yard setback variance, based on the previous approved criteria and conditions. Motion carried 6-1. Commissioner Thiel opposed. 5. Adjournment There being no further business, Chair Eric Johnson adjourned th Board of Adjustments at 7:82 p.m. Minutes prepared by Debbie Huebner. _______________________ Tina Allard City Clerk _______________________ Eric Johnson Planning Commission Chair