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01-14-2014 BA MIN Meeting of the Elk River Board of Adjustments Held at the Elk River City Hall Tuesday, January 14, 2014 Members Present: Chair Anderson, Commissioners Eric Johnson, Jeremy Johnson, Mike Keller, Mike Keefe, Mark Keller and Chad Westberg Members Absent: None Staff Present: Planner/Park Planner Chris Leeseberg, Planner Zack Carlton and Recording Secretary Debbie Huebner Also Present: Councilmember Barb 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 Anderson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 1/14/14 Agenda Moved by Commissioner Eric Johnson and seconded by Commissioner Jeremy Johnson to approve the January 14, 2014, Board of Adjustments agenda. Motion carried 7-0. 4.1 Consider 11/12/13 Board of Adjustments Motion by Commissioner Eric Johnson and seconded by Commissioner Mike Keller to approve the November 12, 2013, Board of Adjustments minutes. Motion carried 7-0. 4.2 Consider 12/10/13 Board of Adjustments Motion by Commissioner Jeremy Johnson and seconded by Commissioner Eric Johnson to approve the December 10, 2013, Board of Adjustments minutes. Motion carried 7-0. 5.1 Request by Cornerstone Auto for Variance to allow reduced lot size, Case No. V 14-01 – Public Hearing The staff report was presented by Zack Carlton. Board of Adjustments Minutes Page 2 January 14, 2014 ----------------------------- Commissioner Konietzko asked what staff’s opinion was on the variance. Mr. Carlton stated that staff could see both sides of the argument. Commissioner Konietzko asked if staff could see any issues if the variance were approved. Mr. Carlton stated no. Chair Anderson opened the public hearing. Steve Rohlf, 17219 Highway 10, representative for Cornerstone Auto Resource – stated it was not their intent to create a variance situation when they purchased the property and if they had known they needed one full acre, they could have purchased the additional 0.05 acre. He stated that Cornerstone has spent tens of thousands of dollars to have plans drawn and to have new plans drawn at this point would create a huge financial burden. There being no one else to speak to this issue, Chair Anderson closed the public hearing. Commissioners Jeremy Johnson and Eric Johnson expressed support for approval of the variance. Motion by Commissioner Chad Westberg and seconded by Commissioner Eric Johnson to approve Cornerstone Auto Resource request for a variance from the minimum one acre lot size in the C3 zoning district to allow a 0.95 acre lot, based on the finding that the request meets the five criteria for granting a variance. Motion carried 7-0. 5.2 Request by BWB Holdings, LLC for Variance to reduce the minimum lot size, Case No. V 13-10 – Public Hearing The staff report was presented by Chris Leeseberg. Mr. Leeseberg explained that approval of a variance for both the size and frontage requirements is required for both outlots B and C in order to plat the property as proposed by the applicant. He stated that six parcels are being reconfigured as Aggregate Commercial Second Addition and will result in the same number of lots. Commissioner Westberg asked where the access for Outlot C will be to Highway 169. Mr. Leeseberg explained where the existing access is located and stated that it will remain in this location, per MnDOT’s requirements. Chair Anderson opened the public hearing. Brent Hislop, Synergy Land Company, representing the applicant – stated he was present to answer questions. There being no further public comment, Chair Anderson closed the public hearing. Board of Adjustments Minutes Page 3 January 14, 2014 ----------------------------- Commissioner Eric Johnson stated that it appears the criteria for granting a variance is met. Motion by Commissioner Jeremy Johnson and seconded by Commissioner Chad Westberg to approve the request for a variance to the minimum lot size of 20 acres and minimum lot frontage of 300 feet, to allow: Outlot B – 3 acres with 277 ft. of frontage Outlot C – 2 acres with 120 ft. of frontage Motion carried 7-0. 6. Adjournment There being no further business, Commissioner Eric Johnson moved to adjourn the meeting of the Elk River Board of Adjustments at 6:50 p.m. Minutes prepared by Debbie Huebner. ___________________ Dana Anderson Planning Commission Chair _____________________ Tina Allard, City Clerk