05-22-2018 BA MINMeeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, May 22, 2018
Members Present: Chair Eric Johnson, Commissioners Jill Larson -Vito, Mike Nicholas,
Robert Rydberg, Alexander Feinstein, John Jordan, and Brad Thiel
Members Absent: None
Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, and
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 6:30 p.m. by Chair Johnson.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider May 22, 2018, Board of Adjustments Agenda
Moved by Commissioner Larson -Vito and seconded by Commissioner Thiel
to approve the May 22, 2018, Board of Adjustments agenda.
Motion carried 7-0.
4. Consider April 24, 2018, Board of Adjustments Minutes
Moved by Commissioner Thiel and seconded by Commissioner Nicholas to
approve the April 24, 2018, Board of Adjustments minutes.
Motion carried 7-0.
5.1 Jessica Allen — 17815 Concord Ct. NW NW - Case No. V 18-03
Appeal of Zoning Decision
Mr. Carlton presented the staff report stating the applicant had withdrawn her
application. He requested the public hearing be closed.
Chair Johnson closed the public hearing.
Board of Adjustments Minutes Page 2
May 22, 2018
5.2 Jessica Allen — 17815 Concord Ct. NW NW - Case No. V 18-04
■ Wild and Scenic River Setback Variance to Allow Installation of
a Pool
Mr. Carlton presented the staff report.
Commissioner Larson -Vito asked about enforcing state rules and if the city has the
ability to for deviation to them.
Mr. Carlton stated the city adopted the state regulations for the Wild and Scenic
River Ordinance, Division 6105, and the city administers this on behalf of the state
rules. He stated the Minnesota Department of Natural Resources (DNR)
recommended opposing the variance but will support whichever way the city votes.
Chair Johnson opened the public hearing.
Jessica Allen, 17815 Concord Ct., was the applicant and available to answer
questions. She pointed out the DNR's letter does not recommend denial of her
variance request, and stated the letter affirms the city's interpretation of whether or
not the pool is a structure. She indicated she had no problems with the proposed
conditions that staff has outlined.
Terry Tigges, 17827 Concord Ct., lives next door to the applicant and had no
objection to the construction of a swimming pool. He indicated he spends a lot of
time on the Mississippi River kayaking and doesn't see most of the homes along the
rivet because of the high banks. He didn't feel this pool wouldn't cause visual
disturbances to the river.
Shasta Rueckert, 17812 Concord Ct. noted the area of the river that their
properties are located is on an inlet and not on main part of river; there is an island.
She stated anyone on the main part of the Mississippi River wouldn't see the
swimming pool and she had opposition to it being constructed.
Dave Rueckert, 17812 Concord Ct., stated he has zero concerns for the installation
of the swimming pool.
Dan representing Ament Spas & Pools, St. Cloud, stated he would be installing the
swimming pool for the applicant and stated it would be an in -ground pool, below the
surface of the ground, and unable to be viewed from the river.
Mike Ring, 17830 Concord Ct., was a neighbor to the applicant and had no
opposition to the installation of the swimming pool. He noted it wouldn't be seen
from the river.
There being no one further to speak, Chair Johnson closed the public hearing.
JN'"A'460IE
Board of Adjustments Minutes Page 3
May 22, 2018
r1-----------------------------
Commissioner Thiel asked about fencing requirements. He asked about the other
structure on the applicant's property that was located closer to the river as it
appeared on the aerial map.
Mr. Carlton stated the applicant is required to either install a fence or a pool cover.
He stated the other structure was an uncovered deck and no permit was required for
it.
Commissioners Larson -Vito and Nicholas expressed concerns with visibility and
runoff requirements but felt the conditions cover those concerns.
Moved by Commissioner Larson -Vito and seconded by Commissioner Thiel
to recommend approval of the variance request by Jessica Allen to encroach
55 feet into the 100 foot Wild and Scenic River setback, with the below
conditions, as all five requirements for approval for a variance are satisfied:
1. Environmental staff must approve the staking of the pool location and
pool overflow location prior to excavation.
2. Silt fence shall be installed prior to excavation, and shall not be
removed until vegetation has been established.
3. The pool deck/patio shall be constructed of permeable pavers.
4. The pool deck closest to the Mississippi River must include
landscaping that will limit runoff and slow the flow of water to the
river.
5. The overflow from the pool must discharge into a landscaped area, not
directly into the Mississippi River.
Motion carried 7-0.
5.3 Bryan Provo — 19383 Zumbro Ct. NW - Case No. V 18-05
■ Wetland Setback Variance to Allow Construction of a Pool
Mr. Carlton presented the staff report.
Chair Johnson opened the public hearing.
Bryan Provo, 19383 Zumbro Ct. NW, stated he was the applicant and available to
answer any questions. He indicated the swimming pool would have both a cover and
be fenced.
There being no one else to speak, he closed the public hearing.
Commissioner Larson -Vito stated she visited Mr. Provo's property and appreciated
that he was giving a lot of priority to the wetland considerations.
Commissioner Jordan stated it looked like a tight squeeze to position a pool in the
applicant's back yard.
II
P 0 1 E 0 E 0 1 1
NATURE
Board of Adjustments Minutes
May 22, 2018
Commissioner Larson -Vito agreed it was a tight squeeze.
Page 4
Moved by Commissioner Larson -Vito and seconded by Commissioner
Rydberg to recommend approval of the variance request by Bryan Provo to
encroach 37 feet into the 45 foot wetland setback and buffer, with the
following conditions as all five requirements for approval of a variance are
satisfied:
1. The encroachment into the setback area is limited to three feet behind
the existing detached garage.
2. All retaining walls must include at least 12 inches of clear backfill
material directly behind the wall. The clear backfill material must be
separated from the adjacent soils with landscape fabric.
3. Existing vegetation beyond the 37 foot variance shall not be removed
or altered in any way. Due to the proximity to the wetland edge, any
work beyond this area may be considered wetland impacts and subject
to the Wetland Conservation Act regulations requiring mitigation.
4. An easement vacation, applied for by the applicant, must be approved
by the City Council and recorded with Sherburne County to allow
placement of the pool, retaining walls, and landscaping within the
existing easement area.
Motion carried 7-0.
6. Adjournment
There being no further business, Chair Johnson adjourned the meeting of the Elk
River Board of Adjustments at 6:48 p.m.
Minutes prepared by Jennifer Green.
Tina Allard
City Clerk
ohnson
Planning Commission Chair
P 0 1 E D E O B 1
��ru��