09-25-2018 BA MINMeeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, September 25, 2018
Members Present: Chair Eric Johnson, Commissioners Jill Larson -Vito, Mike Nicholas,
Robert Rydberg, Alexander Feinstein, and John Jordan
Members Absent: Commissioner Brad Thiel
Staff Present: Planning Manager Zack Carlton and Administrative
Assistant/Recording Secretary Jennifer Green
I . 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 September 25, 2018, Board of Adjustments Agenda
Moved by Commissioner Larson -Vito and seconded by Commissioner
Nicholas to approve the September 25, 2018, Board of Adjustments agenda.
Motion carried 6-0.
4. Consider May 22, 2018, Board of Adjustments Minutes
Moved by Commissioner Larson -Vito and seconded by Commissioner
Feinstein to approve the May 22, 2018, Board of Adjustments minutes.
Motion carried 6-0.
5.1 Mississippi Oaks Development Corp. Inc. — PID# 75-556-0010 - Case
No. V 18-08
■ Lot depth and read setback variances
Mr. Carlton presented the staff report. He noted a correction to the staff report that
the property is actually zoned R1b, not R1c. The minimum lot depth in this zoning
district is 135 feet and the applicant is proposing a 95 foot setback. The minimum
rear yard setback is 25 feet and the applicant is requesting at 15 foot rear yard
setback. The rest of the setbacks are being maintained.
Chair Johnson opened the public hearing.
Board of Adjustments Minutes
September 25, 2018
Page 2
Jim Hecker, 13196 Mississippi Rd. NW — lives west of the outlot and stated he
didn't have big concerns but did have concerns with the changes to the
neighborhood's atmosphere of a nice open outlot entering the development. He
asked questions regarding his water line, which runs through the outlot and stated
when it was installed, the shut off for his waterline is on the outlot property. He
would want to clarify that if a new property owner took ownership.
Mr. Carlton explained the 10' easement is used for maintenance of those utilities and
would remain but would make sure the 10' easement covered the utilities. A change
would need to be addressed with the plat.
Mr. Hecker asked about the current monument on the oudot and would it be kept.
Mr. Carlton stated with the current application there are no proposals for the current
monument. He stated it would be sold with the land and the buyer would do with
the monument what they wish. He stated in this case there isn't a protective
easement for the monument.
Deborah Vaughan, 18056 Fresno St. NW — stated she built her home over 22 years
ago and has assisted with the mowing on the outlot but is sad that it will no longer
remain and the beautiful monument gone. She asked where the driveway would be
placed and had concerns with driving safety as well as the loud construction that will
affect her family and the loss of trees. She asked if the monument be placed into an
easement.
Gentleman in the audience (boyfriend of Debra)- stated the monument is a
stamp of the neighborhood and turning this lot into a home site is a gross sign of
overpopulation. He didn't agree with the variance process.
Gwen Smith, the applicant, explained she inherited the lot from her father and
developer, Gordy Moldenhauer, and her brother, Iry Moldenhauer. She agreed it's a
beautiful lot but she has spent a lot of time and money maintaining it since her
brother passed away. She said her father lost a lot of money in Mississippi Oaks
during the downturn of the economy and while she would prefer to keep the
monument, she felt it was better to turn the piece of property into a buildable home
site.
Mr. Carlton stated that the monument can be placed into a private easement which
would be contingent between the applicant and the purchasing property owner.
There being no one else to speak, Chair Johnson closed the public hearing.
Commissioner Larson -Vito stated the variance criteria have to be met in order for
the Planning Commission to approve the variance, and appreciated the comments
from the neighbors.
P A if E R EI I T
NATURE
Board of Adjustments Minutes
September 25, 2018
Page 3
Moved by Commissioner Larson -Vito and seconded by Commissioner Jordan
to approve the variance request by Mississippi Oaks Development Corp Inc.
for a single-family parcel less than the required 135 foot lot depth, and a 10
foot reduction from the required 25 rear yard setback as all five criteria
required for approval of the variance are met.
Motion carried 6-0.
Mr. Carlton stated formal appeals to the Board of Adjustments' approval of the
variance need to be in writing and filed at city hall within the next 10 days. If no
appeal is made, the variance will be granted.
5.2 Jacob and Christine Bernier — 9607 201 n Ave. NW - Case No. V 18-07
Twin Lake structure setback variance
Mr. Carlton presented the staff report.
Chair Johnson opened the public hearing.
Jacob Bernier, the applicant, indicated he appreciated the presentation and was
happy to answer any questions.
There being no one else to speak, Chair Johnson closed the public hearing.
Moved by Commissioner Larson -Vito and seconded by Commissioner
Nicholas to approve the request by Jacob and Christine Bernier for a variance
allowing construction of a structure up to 18 feet into the 150 foot setback
from Twin Lake with the condition that a silt fence shall be installed prior to
excavation, and shall not be removed until vegetation has been established.
Motion carried 6-0.
6. Adjournment
There being no further business, Chair Johnson adjourned the meeting of the Elk
River Boaadjustments at 5:58 p.m.
Min pr areclrbbyr.ennifer Green.
Tina Allard
Ci _lerk
o nson
Planning Commission Chair
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