4.1. BA DRAFT MINUTES 11-28-2017
Meeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, September 26, 2017
Members Present: Chair Eric Johnson, Commissioners Jill Larson-Vito, Mark Konietzko,
Robert Rydberg, Alexander Feinstein and Mike Nicholas
Members Absent: Commissioner Brad Thiel
Staff Present: Planning Manger Zack Carlton, Senior Planner Chris Leeseberg and Sr.
Administrative Assistant/Recording Secretary Debbie Huebner
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 September 26, 2017, Agenda
Moved by Commissioner Feinstein and seconded by Commissioner Konietzko to
approve the September 26, 2017, Board of Adjustments agenda. Motion carried 6-0.
4.1 August 22, 2017 Board of Adjustments Minutes
Moved by Commissioner Konietzko and seconded by Commissioner Feinstein to
approve the August 22, 2017, Board of Adjustments minutes. Motion carried 6-0.
th
5.1 Tim Smith – 13349 190 Avenue NW
Wetland setback variance for driveway, Case No. V 17-07
The staff report was presented by Zack Carlton. Staff recommended approval of the request
based on the findings and with the conditions listed in the staff report.
Chair Johnson opened the public hearing.
Vern Draxler, Island View Drive resident – asked what staff means by “package”. Mr.
Carlton explained that the applicant is also requesting a road right-of-way vacation and
approval of a simple plat.
Board of Adjustments Minutes Page 2
September 26, 2017
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There being no further 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 Larson-Vito and seconded by Commissioner Nicholas to
approve the request by Tim Smith 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. A right-of-way easement vacation for 190th Ave NW must be approved by City
Council.
2. The plat of Island View Sixth Addition must be approved by City Council and
recorded with Sherburne County.
3. The applicant shall work with staff for an on-site review of the driveway
location prior to beginning construction activities.
4. All areas within the 25 foot wetland buffer strip and 20 foot wetland buffer
strip setback that are not part of the driveway or side slope shall not to be
maintained as yard area (no mowing, no planting, no landscaping) and must
be left to grow naturally.
5. All conditions and best practices outlined by the Wetland Conservation Act
via the Technical Evaluation Panel decision shall be met.
Motion carried 6-0.
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 prepared by Debbie Huebner.
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Tina Allard
City Clerk
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Eric Johnson
Planning Commission Chair