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4.2. BA DRAFT MINUTES 12-19-2017 Meeting of the Elk River Board of Adjustments Held at the Elk River City Hall Tuesday, November 28, 2017 Members Present: Chair Eric Johnson, Commissioners Jill Larson-Vito, Robert Rydberg, Alexander Feinstein, and Brad Thiel Members Absent: Commissioners Mark Konietzko and Mike Nicholas Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Sr. Administrative Assistant/Recording Secretary Jennifer Green 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:31 p.m. by Chair Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider November 28, 2017, Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the November 28, 2017, Board of Adjustments agenda. Motion carried 5-0. 4. Consider September 26, 2017, Board of Adjustment Minutes Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the September 26, 2017, regular Board of Adjustment meeting minutes. Motion carried 5-0. th 5.1 Peter Hasselquist – 13349 190 Avenue NW  933 sq. ft. of additional accessory structure area variance, Case No. P 17-08 Mr. Leeseberg presented the staff report. He stated staff recommended denial of the request based upon the findings listed in the staff report. He noted additional information received earlier that day revealed an addition chicken coop and 2 sheds that increased the request for a variance to 933 sq. ft. Chair Johnson opened the public hearing. Board of Adjustments Minutes Page 2 November 28, 2017 ----------------------------- Eric Finch, the general contractor for the applicant, indicated the purpose for this additional accessory structure area is for indoor hay storage, which currently doesn’t exist in the building. He felt the applicant’s request of additional 933 sq. ft. seemed to be a reasonable request and there would be no exterior changes. Peter Hasselquist, the applicant, stated one wouldn’t notice aesthetically the difference in the additional square footage. He stated he didn’t anticipate rescue donkeys eating more food than he imagined, and his goal is to avoid having to park equipment outdoors and have them covered with tarps. There being no one else to speak, Chair Johnson closed the public hearing. The Board reviewed the 5 criteria and noted Criteria 1 and 4 were not satisfied in order to grant a variance. Commissioner Thiel agreed with staff’s recommendation. Commissioner Rydberg agreed based on the 40 acre parcel, asked questions regarding the number of structures on 40 acres and noted if there was more than 40 acres the applicant could have in excess of 16,000 square feet of accessory structures. Mr. Hasselquist asked whether or not any other variances to exceed the allowed amount of accessory square footage were ever approved by the city. Mr. Leeseberg stated he looked back at the city’s history of approving variances and he believed there were a few in the 1980s. He stated it is difficult to meet the criteria to receive approval of a variance. It was the consensus of the Board of Adjustments that criteria 1 and 4 are not met. Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend denial of the request by Peter Hasselquist, Case No. V 17-08, for 640 sq. ft. of additional accessory structure area variance based upon finding criteria 1 and 4 are not met. Motion carried 5-0. th 5.2 Dan Weinmann – 13825 214 Avenue NW  Wetland setback variance to construct a deck, Case No. V 17-09 Mr. Leeseberg presented the staff report. He stated staff is recommending denial for the wetland setback variance due to 3 of the 5 criteria not being satisfied in order to grant a variance. It was noted the applicant submitted a building permit for a deck at the subject property and upon city review, was notified that he could not construct the deck in the proposed location. He was informed the building permit could not be issued. The applicant proceeded to construct the deck without a permit. On October 31, 2017, the city issued a stop work order on the deck construction. Board of Adjustments Minutes Page 3 November 28, 2017 ----------------------------- Chair Johnson opened the public hearing. Dan Weinmann – the applicant, discussed the septic system located in the back yard. He said he felt the constructed deck would slow down rain runoff and prevent it from seeping too rapidly into the wetland. He explained the 2010 visit by previous city employee Nikki Blake-Bradley where she indicated his mulch area was a foot too far into the wetland and he corrected it. He stated almost 90% of the homes in his development have decks constructed off the back of the house and if he was required to build on the side of his home would cause problems with resale and property value. He discussed water runoff affecting the footings and requested he be grandfathered into the pre-2006 ordinance the rest of the neighborhood is complying with. th John Kitzrow – 13815 214 Avenue NW, is the applicant’s next door neighbor and stated a deck built on the side of the applicant’s yard would look ridiculous and any impact on the applicant’s property value would decrease his own. He stated he didn’t think a deck would have an impact on rain water runoff and wondered if a study was done to prove any impact. Mr. Leeseberg stated no study was done but a deck is considered an impervious surface shedding runoff to the the wetland quicker. There being no one else to speak, Chair Johnson closed the public hearing. Chair Johnson stated the drain field and septic are in the setback. He stated he has a hard time with denying this variance if the drain field and septic are located in the setback. Mr. Leeseberg stated staff struggles with rule changes also and stated the septic tank is below grade and is not considered impervious. Commissioner Larson-Vito asked if there were other houses in the neighborhood that also encroach or any other neighborhood variances granted. Mr. Leeseberg stated he wasn’t aware of any other variance requests in the neighborhood. Commissioner Rydberg asked if the variance is only related to city ordinances or are they state/county guidelines and rules. Mr. Carlton indicated the city’s environmental coordinator worked with state and outside agencies when the city’s regulations changed in 2006. Commissioner Thiel stated he supports staff’s conclusion. Board of Adjustments Minutes Page 4 November 28, 2017 ----------------------------- Chair Johnson discussed footing locations for a deck located in the alternate location. Councilmember Wagner stated she was not aware impervious surfaces includes surfaces located above the ground. Chair Johnson stated he realized the alternate deck location is not desirable but that it is an alternative option for the applicant. It was noted other variances have been denied by the City Council based on the ability to move the deck and comply with the setbacks. It was the consensus of the Board of Adjustments that criteria 1, 3, and 4 are not met. Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend denial of the approval of the request by Dan Weinmann, Case. V 17-09 , for a wetland setback variance request based upon the findings that criteria 1, 3, and 4 are not met. Motion carried 5-0. 6. Adjournment There being no further business, Chair Johnson adjourned the meeting of the Elk River Board of Adjustments at 7:16 p.m. Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk ___________________ Eric Johnson Planning Commission Chair