05-28-2019 BA MINMeeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, May 28, 2019
Members Present: Chair Eric Johnson, Commissioners Alexander Feinstein, Jill Larson -
Vito, Robert Rydberg, and Brad Thiel
Members Absent: Commissioners Perry Beise and John Jordan
Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, and
Sr. Administrative Assistant/Recording Secretary Jennifer Green
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 May 28, 2019, Board of Adjustments Agenda
Moved by Commissioner Larson -Vito and seconded by Commissioner Thiel
to approve the May 28, 2019, Board of Adjustments agenda.
Motion carried 5-0.
4. Consider January 29, 2019, Board of Adjustments Minutes
Moved by Commissioner Feinstein and seconded by Commissioner Thiel to
approve the January 29, 2019, Board of Adjustments minutes.
Motion carried 5-0.
5.1 Scott Lillestrand, 12426 193rd Lane NW
■ 2.S' side yard setback variance to construct a deck, Case
No. V 19-02
Mr. Leeseberg presented the staff report.
Chair Johnson opened the public hearing.
Scott Lillestrand, the applicant, spoke to the Board of Adjustments about his
request, explaining a side yard deck would maintain views of the wildlife and wetland
Board of Adjustments Minutes
May 28, 2019
Page 2
behind his property and from his patio window. He felt the proposed deck is less of
an encumbrance than what the garage would be and stated it would be more
appealing. He disagreed garages are not habitable and that he spends a lot of time in
his garage. He indicated there are no utilities below where he would be building the
deck.
Commissioner Larson -Vito asked why building a deck 2.5' smaller isn't an option for
the applicant.
Mr. Lillestrand indicated, based on his blue prints, that placement of a grill, patio
table, and chairs wouldn't be possible if the deck was 2.5' smaller, and therefore he
would have to reconfigure the plans.
Commissioner Thiel stated since he's been on the Board of Adjustments there was a
very similar request by another resident. He wondered why Mr. Lillestrand couldn't
choose to move the deck over 2.5 feet and therefore not require a variance.
Mr. Lillestrand stated that would cause a roofline issue with that suggested proposal
and explained he felt limited by the current roofline and window placement.
Commissioner Feinstein wondered why the applicant couldn't reposition his grill in a
different area.
Mr. Lillestrand felt this would be tight quarters for grilling.
Commissioner Rydberg asked about the location of the deck in relation to the
garage.
Mr. Lillestrand stated the deck portion is behind the garage and the 3 -season porch
portion is directly behind the house. He stated he would hate to give up the view
from his picture window of the wetland and wildlife behind his house by moving the
deck and three season porch to the side of the house.
Commissioner Feinstein discussed some less obtrusive handrail and stair rail options.
Chair Johnson asked about another option by repositioning the staircase to give him
more space on the deck and obstruct his view, which in turn wouldn't require a
variance. He stated he understands his request but felt there were other options
available that wouldn't require a variance.
There being no one else to speak, Chair Johnson closed the public hearing.
Commissioner Larson -Vito asked if the next door neighbor requested a similar
variance, how far apart would that put the structures.
Mr. Leeseberg stated it would be 15' between decks. He noted there are homes in the
city that are 10' apart.
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Board of Adjustments Minutes
May 28, 2019
Page 3
Commissioner Larson -Vito explained her concerns about the reasons for having
setbacks, and having flammable grills being close to neighboring structures. She
stated her initial thought is to deny the request, noting there seems to be more
options available and didn't feel this was unique to the property. She also indicated
concerns with setting precedence.
Commissioner Thiel stated he supports a denial as well, noting the commission has
denied similar requests in the past and had concerns with setting precedence.
Chair Johnson stated he agreed with the others and noted in order to approve the
variance, the five criteria would have to be met.
Moved by Commissioner Larson -Vito and seconded by Commissioner
Feinstein to deny the variance request by Scott Lillestrand for a 2.5' side yard
setback to construct a deck as the following standard, required for approval of
a variance, is not satisfied:
4. The plight of the petitioner is due to circumstances unique to the
property not a consequence of the petitioners own action or inaction.
Motion carried 5-0.
Mr. Leeseberg stated because of the denial, the City Council will automatically review
this variance denial at their June 17, 2019, meeting.
6. Adjournment
There being no further business, Chair Johnson adjourned the meeting of the Elk
River Board of Adjustments at 6:46 p.m.
Minutes pre pr by Jennifer Green.
Tina Allard
City Clerk
ohnson
Planning Commission Chair
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