4.2 BASR 08-22-2017 DRAFT MIN Item 4.2
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City of
Elk Meeting of the Elk River Board of Adjustments
River Held at the Elk River City Hall
Tuesday,July 25, 2017
Members Present: Chair Eric Johnson,Commissioner Jill Larson-Vito, Mark Konietzko,Robert
Rydberg,Alexander Feinstein and Brad Thiel
Members Absent: Commissioner Mike Nicholas
Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, and
Planner BrieAnna Simon,Recording Secretary Debbie Huebner
Also Present: Councilmember Jennifer Wagner, 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 July 25, 2017, Agenda
Moved by Commissioner Konietzko and seconded by Commissioner Feinstein to
approve the July 25, 2017, Board of Adjustments agenda. Motion carried 6-0.
4.1 James Witzman — 550 Jefferson Lane NW
• Variance to reduce the front yard setback in order to construct a deck, Case No. V
17-03
Chris Leeseberg presented the staff report. Staff recommended approval of the request with
the five conditions listed in the staff report.
Chair_Johnson opened the public hearing. There being no comments, Chair Johnson closed
the public hearing.
Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to
approve the Variance request by James Witzman, 550 Jefferson Lane NW,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.
Board of Adjustments Minutes Page 2
July 25,2017
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.
Motion carried 6-0.
4.2 Emmanuel Lutheran Church/John Norgren — 1 506 Main Street NW
• Variance to exceed the maximum allowable impervious surface area; and Variance to
allow existing structures to remain in the Elk River/Lake Orono Drainage District,
Case No. V I7-04
The staff report was presented by Chris Leeseberg. Staff recommended approval of the
request with the findings and conditions listed in the staff report.
Commissioner Rydberg asked staff to describe what a rain garden is. Mr. Leeseberg
explained that a rain garden is engineered to collect runoff from the paved surfaces and treat
it in the garden, keeping the water on the property longer. Commissioner Rydberg asked
how it is constructed. Mr. Leeseberg explained. Commissioner Rydberg asked if the
applicant had any issues with the rain garden. Mr. Leeseberg stated he has not expressed any
concerns,but that a representative from church was present to speak.
Chair Johnson opened the public hearing.
John Norgren, Chairman of the trustees for Emmanuel Lutheran Church—he stated that a
new storm sewer system was put in about 10 years ago. He stated that it would not be
possible to direct water toward the area that staff was recommending for the rain garden due
to the slopes. Mr. Norgren pointed out the only possible location for a rain garden. He
stated that the building will have gutters which will drain toward the west. He stated that
they have had no problems with runoff onto Main Street or 5th Street.
Wayne Becklin, 1516 5th Street—stated he is against the construction of a storage building
location because it will be directly across the street from him and he will have to look at it.
He stated he believes there are other options.
Susan Blomquist, 1522 5t'—stated she says "ditto" to everything Mr. Becklin said.
Mr. Norgren stated the building will have 10-foot sidewalls which is the same as a residential
garage and will not stand out. He noted that the building will blend in with the back of the
church. He stated that location was chosen for two reasons;one,it is close to the electrical
connection;and two, they will be using the building for storage of items that they will use in
the church on a consistent basis. He stated that the current storage building is 150 feet away
from the church. Mr. Norgren explained that if the structure were built to the east as
suggested by Mr. Becklin, they will not have electrical available and would require removing
critical parking spaces.
There being no further public comment, Chair Johnson closed the public hearing.
Board of Adjustments Minutes Page 3
July 25,2017
Commissioner Rydberg asked for clarification on the proposed building location. Mr.
Leeseberg explained. Chair Johnson asked if the building location would be coming back to
the Planning Commission. Mr. Leeseberg stated no, that only a building permit is required
for the structure.
Discussion followed regarding the rain garden (condition #4).
Chair Johnson stated that the request meets the five criteria required to approve a variance.
Councilmember Wagner asked if the city has required rain gardens in the past. Mr.
Leeseberg stated that it is not a requirement;it is a suggestion. Councilmember Wagner
stated that she felt sometimes the aesthetics of rain gardens are not the best. She stated that
they may not solve a problem in requiring a rain garden,but create a new one.
Mr. Carlton explained that a rain garden is being proposed as an opportunity for the
applicant to mitigate stormwater runoff. He stated that rain gardens may be constructed
using turf grass with structured soils,gravel,or elaborate plantings and gave the example of
the rain garden across the street at the library. He stated that maintenance is an issue. Mr.
Carlton explained that rain gardens are a storm water mitigation piece of infrastructure. He
stated that curb cuts are put in where possible, and that the intent is to take the sediment out
of the runoff before going into the storm sewer. He stated that staff would be working with
the applicant to figure out what is feasible.
It was the consensus of the Planning Commission to revise condition #4 to state that the
applicant shall work with staff regarding storm water mitigation.
Mr. Becklin stated that when it rains hard, the water can go to the top of the curb and run
over. Commissioner Rydberg stated that the request is only for a shed and that the water in
the street is another problem.
Mr. Norgren stated that the building is proposed to be 30 ft. by 40 ft. and will be located
approximately where the playground is now. He noted that the fence will be moved to the
west to create a new playground area.
Motion by Commissioner Larson-Vito and seconded by Commissioner Konietzko to
approve the variance request by Emmanuel Lutheran Church based on the following
findings:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use designation 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 Simple Plat, Emmanuel Lutheran Church Addition.
Board of Adjustments Minutes Page 4
July 25,2017
2. Lot 2, Block 1, Emmanuel Lutheran Church Addition,shall be allowed to
construct an accessory structure that meets ordinance requirements.
3. With the exception of an accessory structure on Lot 2, Block 1, Emmanuel
Lutheran Church Addition, no additional impervious surfacing shall be created
on the subject parcels.
4. The applicant shall work with city staff on storm water mitigation.
The motion carried 6-0.
4.3 Michael Swanson — 21310 Brook Road NW
• Variance to permit the keeping four additional animal units, Case No. V 17-05
The staff report was presented by BrieAnna Simon. Staff recommended approval of the
request with the findings and conditions listed in the staff report.
Chair Johnson opened the public hearing. There being no further public comment, Chair
Johnson closed the public hearing.
Motion by Commissioner Feinstein and seconded by Commissioner Rydberg to
approve the request by Michael Swanson,21310 Brook Road NW, for a variance,
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:
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. All conditions and best practices outlined by the Wetland Conservation Act—
Technical Evaluation Panel decision shall be met.
3. All standards described in Section 30-803—Animals of the city code must be
achieved for the 10.06 acres of fenced pasture land.
4. If the Conditional Use Permit (CU 17-09) expires the variance permitting 22
animal units will also expire.All variances for animal units shall be recorded
with the approved Conditional Use Permit for an increase in animal units.
5. The property owner must remain in compliance with all the conditions
outlined in the Conditional Use Permit (CU 17-09).
Motion carried 6-0.
S. Adjournment
There being no further business, Chair Johnson adjourned the meeting of the Elk River
Board of Adjustments at 6:59 p.m.
Board of Adjustments Minutes Page 5
July 25,2017
Minutes prepared by Debbie Huebner.
Tina Allard
City Clerk
Eric Johnson
Planning Commission Chair