11-25-2014 BA MIN
Meeting of the Elk River Boards of Adjustments
Held at the Elk River City Hall
Tuesday, November 25, 2014
Members Present: Chair Eric Johnson, Commissioners Andrew Crook, Jeremy Johnson, Mike
Keller, Jill Larson-Vito, Mark Konietzko and Thomas Petschl
Members Absent: None
Staff Present: Community Operations and Development Deputy Director Jeremy Barnhart,
Park Planner/Planner Chris Leeseberg, Planner Zack Carlton
Also Present: Councilmember Burandt
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 11/25/14 Agenda
Moved by Commissioner Jeremy Johnson and seconded by Commissioner Keller to
approve the November 25, 2014 Board of Adjustments agenda. Motion carried 7-0.
4.1 Consider Request by Reg Powell for Minimum Lot Depth Variance, Case No.
V 14-02 – Public Hearing
Zack Carlton presented the staff report. He noted that the new lot and the existing
remaining lot meet the 11,000 square foot minimum lot size. He reviewed each of the criteria
for granting a variance and discussed why staff feels the application meet the criteria. He
noted the location of five other lots in the neighborhood that did not meet the minimum lot
depth requirement. Staff outlined the Commission’s actionable options; approve, approve
with conditions, or deny the application. He noted that a denial must include specific
reasons stated.
Commissioner Konietzko asked if both lots will meet the minimum lot size. Mr. Carlton
stated yes. Commissioner Konietzko asked if there was a homeowner’s association and if so,
did the lots meet their specifications. Mr. Carlton stated that the property was formerly
zoned rural residential and staff was not aware of any homeowner’s association.
Chair Johnson asked if the other lots that did not meet minimum depth were legal when they
were platted. Mr. Carlton stated he was not sure what the requirements were back then, but
they now are legal non-conforming lots. Chair Johnson asked if the lots were split, would
they be smaller than others in the neighborhood. Mr. Carlton stated they would be smaller
than most at .3 acres each, with the rest of the neighborhood at about .6 acres each.
Chair Johnson opened the public hearing.
Kendra Lindahl, 19358 Norfolk Avenue, neighbor to the adjacent subject property, stated
that the proposed lot split was not consistent with the neighborhood, since most of the lots
were 30,000 square feet. She stated that the city’s comprehensive plan states the intent is to
preserve the character of neighborhoods. Mrs. Lindahl stated that staff was using the
variance standards from one section of the city code and that she did not feel the request
met the standards listed in another part of the code. Mrs. Lindahl stated she did not believe
the request met the standards for granting a variance, noting the proposed lot would be too
small, would alter the neighborhood and would requiring destroying most of the trees. She
stated that she and her husband were opposed to the variance.
Ryan Schneider, 12104 Highland Road, neighbor across the street from the subject property,
stated that he bought his home because of the large lots and mature trees and did not
support the variance.
Commissioner Jeremy Johnson asked for clarification on the two sets of variance criteria
mentioned by Mrs. Lindahl. Mr. Carlton noted that the standards are found in both Sections
30-635 and 30-325. Staff feels that the request meets the 5 criteria.
Chair Johnson stated that he had a problem with the request not meeting #4 and #5 of the
criteria. He stated that the lot was existing and nothing has changed. He felt that splitting
the lot was out of character for the neighborhood. Commissioner Jeremy Johnson agreed.
Commissioner Konietzko asked what size the smallest lot in the neighborhood was. Mr.
Carlton stated that the smallest lot appears to be .6 acres. Commissioner Konietzko noted
that the smallest he found on Beacon was .57 acres.
Commissioner Keller stated that he agreed with Chair Johnson that splitting the lot and
building a smaller home would change the character of the neighborhood.
Commissioner Petschl asked the Lindahls what was the footprint size of their home. Mr.
Lindahl stated that it was approximately 1,200 square feet, but it was a split level. Mrs.
Lindahl stated that most of the other homes in the neighborhood were similar in size and
style. Mr. Petschl stated that he felt the home proposed by Mr. Powell would fit in, since a
1,200 square foot footprint was not that large.
Commissioner Jeremy Johnson stated that since there was not a specific need to split the lot
and that the city did not do anything to require a variance, he did not support the variance.
There being no further public comment, Chair Johnson closed the public hearing.
Motion by Commissioner Jeremy Johnson and seconded by Commissioner Keller to
deny the request by Reg Powell for a minimum lot depth variance, based upon the
finding that the following criteria for granting a variance cannot be met:
1. The plight of the petitioner is due to circumstances unique to the property not a
consequence of the petitioner’s own action or inaction.
2. The variance, if granted, will not alter the essential character of the locality.
Motion carried 6-1. Commissioner Petschl opposed.
6. Adjournment
There being no further business, Commissioner Jeremy Johnson moved to adjourn the
meeting of the Elk River Board of Adjustments at 6:53 p.m.
Minutes prepared by Debbie Huebner.
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Eric Johnson
Planning Commission Chair
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Tina Allard, City Clerk