08-22-2017 BA MIN ./
.ity of1( -
oft, Meeting of the Elk River Board of Adjustments
River Held at the Elk River City Hall
Tuesday, August 22, 2017
Members Present: Chair Eric Johnson, Commissioners Jill Larson-Vito,Mark Konietzko,
Robert Rydberg,Alexander Feinstein,Brad Thiel,and Mike Nicholas
Members Absent: None
Staff Present: Senior Planner Chris Leeseberg,Planner BrieAnna Simon,Environmental
Coordinator Amanda Bednar and Sr. Administrative Assistant/Recording
Secretary Debbie Huebner
Also Present: Councilmember Jennifer Wagner, 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 Anderson.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider August 22, 2017, Agenda
Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to
approve the August 22,2017,Board of Adjustments agenda. Motion carried 7-0.
4.1 June 27, 2017 Board of Adjustments Minutes
Moved by Commissioner Konietzko and seconded by Commissioner Feinstein to
approve the June 27,2017, Board of Adjustments minutes. Motion carried 7-0.
4.2 July 25, 2017 Board of Adjustments Minutes
Moved by Commissioner Konietzko and seconded by Commissioner Rydberg to
approve the July 25,2017, Board of Adjustments minutes. Motion carried 7-0.
5.1 Parent Builders— 10396 221St Avenue NW
â– 45 ft. wetland setback variance for driveway, Case No. V 17-06
The staff report was presented by Amanda Bednar. Staff recommended approval of the
request based on the findings and with the conditions listed in the staff report.
Board of Adjustments Minutes Page 2
August 22,2017
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 Thiel to
approve the request by Parent Builders for variance to allow a driveway to encroach
24 feet into the required 45-foot wetland setback for 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. All areas within the 25 foot wetland buffer strip and 20 foot wetland buffer strip
setback that are notpdriveway art of the or side slope shall not to be maintained
as yard area (no mowing,no planting,no landscaping) and must be left to grow
naturally.
2. All conditions and best practices outlined by the Wetland Conservation Act via
the Technical Evaluation Panel decision shall be met.
Motion carried 7-0.
5. Adjournment
There being no further business, Chair Johnson adjourned the meeting of the Elk River
Board of Adjustments at 6:38 p.m.
Minutes j epared b I ebbie Huebner.
Tina Allard
Ci Jerk
E ohnson
Planning Commission Chair