08-13-2013 BA MIN
SPECIAL MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, AUGUST 13, 2013
Members Present: Chair Anderson, Commissioners Eric Johnson, Jeremy Johnson, Keefe,
Keller, Konietzko and Westberg
Members Absent: None
Staff Present: Deputy Director, Community Operations & Development Jeremy
Barnhart, Planner/Park Planner Chris Leeseberg, Planning Intern Zach
Carlton, and Recording Secretary Debbie Huebner
Also Present: City Attorney Peter Beck, 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. Consider 8/13/2013 Board of Adjustments Agenda
MOVED BY COMMISSIONER ERIC JOHNSON AND SECONDED BY
COMMISSIONER WESTBERG TO APPROVE THE AGENDA. MOTION
CARRIED 7-0.
3.1 Consider June 10, 2013 Board of Adjustments Minutes
MOTION BY COMMISSIONER ERIC JOHNSON AND SECONDED BY
COMMISSIONER JEREMY JOHNSON TO APPROVE THE JUNE 10, 2013
BOARD OF ADJUSTMENTS MINUTES. MOTION CARRIED 7-0.
3.2 Consider July 9, 2013 Board of Adjustments Minutes
MOTION BY COMMISSIONER ERIC JOHNSON AND SECONDED BY
COMMISSIONER WESTBERG TO APPROVE THE JULY 9, 2013 BOARD OF
ADJUSTMENTS MINUTES. MOTION CARRIED 7-0.
4.1 Consider Appeal Request by Decklan Group/Granite Shores regarding the interpretation of
sign regulations for free-standing sing in DD District (633 Main Street), Case No. V 13-04 –
Public Hearing
The staff report was presented by Chris Leeseberg. Staff recommended denial of the request
based on the three findings in the staff report to the Board of Adjustments.
Chair Anderson opened the public hearing. There being no one to speak to this issue, Chair
Anderson closed the public hearing.
Board of Adjustments Minutes Page 2
August 13, 2013
Commissioner Westberg stated that he felt the proper channel for this request would be an
ordinance amendment. He stated he did not have a problem with the request, but he
concurred with staff’s interpretation that the use was not allowed under the current zoning.
Commissioner Konietzko and Chair Anderson concurred.
MOTION BY COMMISSIONER ERIC JOHNSON AND SECONDED BY
COMMISSIONER KONIETZKO TO DENY OF THE APPEAL REQUEST BY
DECKLAN GROUP/GRANITE SHORES REGARDING THE
INTERPRETATION OF SIGN REGULATIONS IN DD DISTRICT. MOTION
CARRIED 7-0.
4.2 Request by RJ Ryan/Preferred Powder Coating for Variance for Dumpster location, Case
No. V 13-07 – Public Hearing
The staff report was presented by Jeremy Barnhart. He reviewed the findings which
supported approval of the request by staff.
Commissioner Westberg asked if a landscaping plan was included when the Planning
Commission reviewed their Conditional Use Permit. Mr. Barnhart stated yes, and that staff
felt the dumpster would be adequately screened.
Chair Anderson opened the public hearing. There being no public comment, Chair
Anderson closed the public hearing.
MOVED BY COMMISSIONER WESTBERG AND SECONDED BY
COMMISIONER ERIC JOHSON TO APPROVE THE REQUEST BY RJ
RYAN/PREFERRED POWDER COATING FOR A VARIANCE TO ALLOW A
REFUSE ENCLOSURE TO BE LOCATED IN A FRONT YARD. MOTION
CARRIED 7-0.
4.3 Request by Howard Abel for Variance to allow construction of a deck, Case No. V 13-08 –
Public Hearing
The staff report was presented by Zach Carlton. He reviewed the findings which supported
approval of the request.
Chair Anderson opened the public hearing. There being no public comment, Chair
Anderson closed the public hearing.
MOVED BY COMMISSIONER ERIC JOHNSON AND SECONDED BY
COMMISIONER KEEFE TO APPROVE THE REQUEST BY HOWARD ABEL
FOR A VARIANCE TO ALLOW A ZERO (0) FOOT SIDE YARD SETBACK IN
ORDER TO BUILD A DECK. MOTION CARRIED 7-0.
4.4 Request by Karl Mortensen for Variance from the side yard setback for a garage, Case No. V
13-06 – Public Hearing
Zach Carlton presented the staff report. Mr. Carlton explained that Mr. Mortensen received
a variance in 1999, but since he never completed the project, the variance expired. Mr.
Carlton reviewed the five criteria which supported staff’s recommendation of approval of
the request.
Board of Adjustments Minutes Page 3
August 13, 2013
Chair Anderson opened the public hearing. There being no public comment, Chair
Anderson closed the public hearing.
MOVED BY COMMISSIONER JEREMY JOHNSON AND SECONDED BY
COMMISIONER ERIC JOHNSON TO APPROVE THE REQUEST BY KARL
MORTENSEN FOR A VARIANCE REDUCING THE FRONT YARD SETBACK
FROM 30 FEET TO 15 FEET IN ORDER TO BUILD A GARAGE. MOTION
CARRIED 7-0.
5. General Business
There was no General Business.
6. Adjournment
There being no further business, MOVED BY COMMISSIONER ERIC JOHNSON
TO APPROVE ADJOURNING THE MEETING.
The meeting of the Elk River Board of Adjustments adjourned at 7:04 p.m.
Minutes prepared by Debbie Huebner.
____________________________
Tina Allard
City Clerk
____________________________
Chad Westberg, Vice Chair
Board of Adjustments