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06-25-2019 BA MINCity of Elk---[� River Members Present: Members Absent: Also Present: Meeting of the Elk River Board of Adjustments Held at the Elk River City Hall Tuesday, June 25, 2019 Chair Eric Johnson, Commissioners Perry Beise, Alexander Feinstein, John Jordan, Jill Larson -Vito, Robert Rydberg, and Brad Thiel None City Councilmember Nate Ovall Staff Present: Senior Planner Chris Leeseberg and Sr. 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 June 25, 2019, Board of Adjustments Agenda Moved by Commissioner Feinstein and seconded by Commissioner Thiel to approve the June 25, 2019, Board of Adjustments agenda. Motion carried 7-0. 4. Consider May 28, 2019, Board of Adjustments Minutes Moved by Commissioner Thiel and seconded by Commissioner Feinstein to approve the May 28, 2019, Board of Adjustments minutes. Motion carried 7-0. 5.1 Cara Lange - 13411 180' Ave. NW ■ Side Yard Setback Variance to Allow Installation of a Screen Porch, Case No. V 19-04 Mr. Leeseberg presented the staff report. Commissioner Thiel asked for confirmation if there was a deck on the property before. Board of Adjustments Minutes Page 2 June 25, 2019 Mr. Leeseberg stated there was a deck and it did comply with the setbacks. Commissioner Larson -Vito asked for clarification of Mr. Leeseberg's comments that if the applicant wanted to install a patio, there wouldn't be a need for a variance because there would be no footings and roof. Mr. Leeseberg stated that was correct. Commissioner Beise asked if fill and pavers would be allowed in the drainage and utility easement. Mr. Leeseberg stated the city engineering department would need to be consulted to determine if bringing fill in would affect water drainage in and around buildings. Commissioner Rydberg asked if there were any utilities located in the easement. The applicant did not know if anything was present. Chair Johnson opened the public hearing. There being no one to speak, Chair Johnson closed the public hearing. Commissioner Larson -Vito discussed one of the main points presented tonight of altering the character of locality based upon the expectation of privacy. She stated the applicant could construct a porch or patio without the need for a variance, with no difference in privacy; however to her, a screened in porch would be more private than a patio. The Planning Commission has approved similar things in the past. She is in support of approving this request because the property is unique with limited options of where to place the porch. Chair Johnson agreed with Commissioner Larson -Vito, stated he was in support of approving the request and noting the corner lot location and proposed spot is located in the most private area. He didn't think it was feasible to put a patio there due to the land slope. Commissioner Larson -Vito stated a 6' deck isn't much of a deck and it could be done but she didn't feel it would be allowing the applicant to have full use of their own property in a reasonable manner. Commissioner Thiel stated the commission has been consistent about being true to setbacks and noted that's the only struggle he has with approving this request. The Planning Commission discussed alternatives of where the porch could go. Commissioner Rydberg stated he is struggling too but sees alternatives such as steps down to a patio, etc. He also pointed out they may move and the neighbors may not be living there in the future. BE .......I........ P I N E t Y NATURE Board of Adjustments Minutes June 25, 2019 Page 3 Commissioner Perry agreed and stated what was decided today is fixed and that's why you set up the rules and setbacks. He stated the closer you put houses together, the easier it would be for a fire to spread. Commissioner Rydberg asked if prior exceptions have been made that would require the commission to approve this request. Mr. Leeseberg stated state statute requires commissions to review each request individually on its own with no precedence set. Councilmember Ovall agreed and each situation stands on its own, noting the council just approved a variance request the Planning Commission previously denied. Commissioner Jordan stated he could see the arguments against this request but doesn't see a good alternative and agreed with Commissioner Larson-Vito's statements. Commissioner Rydberg asked if any utilities were located underground in the area where the porch will be located and expressed concerns with any damage that could be done during construction inside the easement. Chair Johnson commented the submitted plans don't enter the drainage and utility easement so there shouldn't be any issues with that. He stated there are no requirements for easement setbacks and people build up to the easement all the time so there shouldn't be any issues in this situation. A building permit will be required and the building inspectors will ensure any utilities are not disturbed. Commissioner Feinstein agreed with the comments of Commissioner Thiel and Rydberg. Commissioner Larson -Vito asked to those opposed to the variance what the reason for denial would be as she doesn't feel the 3 reasons listed in the staff report are reasons to support a denial. Chair Johnson reviewed the conditions for denial. Mr. Leeseberg stated the porch could become a living space. Commissioner Thiel stated he feels that applicable regulation 3 and 4 aren't met for this variance. Moved by Commissioner Jordan and seconded by Commissioner Larson -Vito to approve the variance request by Cara Lange for a side yard setback to allow installation of a screen porch with the following condition: 1. The screen porch shall not be converted into habitable living space. Board of Adjustments Minutes Page 4 June 25, 2019 Motion carried 5-2 with Commissioner Beise and Thiel opposing the approval. Any appeals to this variance approval need to be turned in by July 5 to be reviewed at the July 15, 2019, City Council meeting. 5.2 Brian Copeland — 18378 Boston St. NW ■ Lot Coverage Variance, Case No. V 19-05 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Bob Dilly, 12943 Orono Road, stated he lives behind of the subject property and asked the Planning Commission questions regarding a recent survey he received showing a different lot line than was previously was surveyed, losing 4-5 feet of his property and asked if a property line can be changed after 54 years. Chair Johnson said the Planning Commission and city staff can't get involved in this type of civil matter and a private surveyor would need to determine Mr. Dilly's answer. Mr. Dilly asked what the size of the building being proposed. Mr. Leeseberg stated the garage is proposed to be 26' x 48' and cannot exceed the limit of what is allowed in this neighborhood. There being no one else to speak, Chair Johnson closed the public hearing. Chair Johnson asked about the current garage. Mr. Leeseberg stated the small garage will be removed and the applicant will work with city staff to mitigate stormwater runoff with rain gardens. Commissioner Rydberg asked about Mr. Dilly's point regarding the property lines changing. Mr. Leeseberg stated the city reviews surveys that are turned in by the applicant, noting property line disputes are civil matters to be worked out by the property owners. Moved by Commissioner Feinstein and seconded by Commissioner Jordan to approve the lot coverage variance by Brian Copeland for the following reasons: Approve, by motion, the lot coverage variance for the following reasons: IP ­77 R I I I T NATURE Board of Adjustments Minutes June 25, 2019 m 1. With implementation of storm water treatment features, the general purpose and intent of the ordinance are met. 2. The property has a land use of residential and the use is consistent with the comprehensive plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner, smaller than required lot size, is due to circumstances unique to the property not a consequence of the petitioners own action or inaction. 5. The variance will not alter the essential character of the locality. and with the following conditions: 1. Hardcover/impervious surfacing shall not exceed 45% lot coverage. 2. The applicant shall work with city staff on a plan to add rain gardens and/or other methods to keep stormwater on site and reduce increased water leaving the parcel to the greatest extent possible. The plan shall be approved by city staff prior to issuance of a building permit for the home. Motion carried 7-0. Any appeals need to be turned in by July 5, 2019, to be reviewed at the July 15, 2019, City Council meeting. 5.3 Valentine & Michelle Mattsen-Kraljic — 17863 Concord St. NW ■ 30' Bluff Setback Variance for the Wild & Scenic Rivers Act to Allow Installation of a Deck, Case No. V 19-03 Mr. Leeseberg presented the staff report. He handed out a comment letter received from the Minnesota Department of Natural Resources (DNR). Chair Johnson opened the public hearing. There being no one present to speak, Chair Johnson closed the public hearing. Commissioner Thiel asked how much weight should be given regarding the DNR's comment letter. Mr. Leeseberg stated it's not uncommon to receive this this type of professional opinion but the DNR leaves the final decision up to the city. Commissioner Thiel asked what was under the neighboring deck. Mr. Leeseberg stated it was probably gravel or rock and he will ask the applicant to work with environmental staff to determine what type of surface they can install under the deck so runoff can be maintained. PD�EREI 11 NATURE Board of Adjustments Minutes June 25, 2019 Page 6 Moved by Commissioner Rydberg and seconded by Commissioner Thiel to approve the variance request by Valentine & Michelle Mattsen-Kraljic for a 10' bluff setback variance to allow installation of a deck for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of residential and the use is consistent with the comprehensive plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioners own action or inaction. 5. The variance will not alter the essential character of the locality. and with the following conditions: 1. The deck shall not be converted to a structure with a roof. 2. No impervious surfacing shall be installed on the ground below the deck. Motion carried 7-0. Any appeals need to be turned in by July 5, 2019, to be reviewed at the July 15, 2019, City Council meeting. 6. Adjournment There being no further business, Chair Johnson adjourned the meeting of the Elk River Board of Adjustments at 7:11 p.m. Minutes prepared by Jennifer Green. �.......All...._..........�..._........................... Tina and City Clerk 4rlohnson Planning Commission Chair F 0118..II I Y