08-27-2019 BA MINElk
River
Members Present:
Members Absent:
Also Present:
Meeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, August 27, 2019
Chair Eric Johnson, Commissioners Jill Larson -Vito, Robert
Rydberg, and Brad Thiel
Commissioners Perry Beise, Alexander Feinstein, and John Jordan
City Councilmember Nate Ovall
Staff Present: Planning Manager Zack Carlton, Planning Intern George Brenzel,
and Sr. Admin. 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 August 27, 2019, Board of Adjustments Agenda
Moved by Commissioner Thiel and seconded by Commissioner Larson -Vito
to approve the August 27, 2019, Board of Adjustments agenda.
Motion carried 4-0.
4. Consider July 23, 2019, Board of Adjustments Minutes
Moved by Commissioner Thiel and seconded by Commissioner Jordan to
approve the July 23, 2019, Board of Adjustments minutes.
Motion carried 4-0.
5.1 Sergey Vainelovich — 20020 Vance St. NW
■ Front Yard Setback Variance, Case No. V 19-08
Mr. Brenzel presented the staff report.
Commissioner Larson -Vito asked if the applicant can build a detached garage on the
property or are they already over the limit for accessory structures.
Board of Adjustments Minutes
August 27, 2019
Page 2
Mr. Brenzel stated the applicant has 2,000 sq. ft. accessory structure area to build but
they would have to tear one down to build another larger one.
Commissioner Rydberg asked if staff met with or discussed these options with the
applicant.
Mr. Brenzel stated they sent the applicant two concepts for them to consider that
wouldn't require a variance and haven't yet received any feedback from them.
Councilmember Ovall asked about the driveway location on Vance but the property
has a Ulysses Street address.
Mr. Brenzel explained houses on corner lots are considered to have two front yards
so they wouldn't have two front yard setbacks if they weren't on a comer lot.
Chair Johnson opened the public hearing.
Unidentified property owner two houses away indicated there is a `for sale' sign on
this property and asked why. He also asked if there is more than one family living in
the house.
Chair Johnson stated his concerns don't pertain or affect tonight's request for a
variance.
Svedana Vainelovich, the applicant's wife, spoke and stated only she, her husband,
and their seven children live at the property. She explained they own two vehicles,
and sometimes there will be other vehicles there when family visits. She stated
they've had their home on the market for some time but have been unable to sell it,
and they cannot find a big enough house for their family at the right price, so they
are choosing to stay in the home and remodel it.
Chair Johnson asked if they had reviewed the two concepts the city provided, either
by making the garage smaller or repositioning it to fit into the setbacks or modifying
their current accessory structures to build a detached garage.
Ms. Vainelovich stated they would like to think about it as their large van is tall and
doesn't fit into a regular -sized garage.
There being no one to speak, Chair Johnson closed the public hearing.
Commissioner Larson -Vito stated she couldn't support approving the variance in
good faith based upon Condition 4, noting there seem to be several other options
available that could be explored that will meet the zoning code and does not require
a variance.
Commissioner Thiel echoed Commissioner Larson-Vito's comment.
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Board of Adjustments Minutes
August 27, 2019
Page 3
Chair Johnson stated he agrees with those comments as well and while he
understands the budget constraints of moving utilities as not appealing, he felt the
applicant had other options available such as expanding the home to the west or
shrinking the garage by 10' and losing the third stall to meet the zoning code.
Commissioner Larson -Vito Jill stated the job of the Board of Adjustments reviews
the property as a whole, not what fits into a garage or the layout of a home.
Moved by Commissioner Larson -Vito and seconded by Commissioner Thiel
to deny the front yard setback variance request by Sergey Vainelovich for the
following reason:
1. The plight of the petitioner is due to circumstances unique to the
property not a consequence of the petition's own action or inaction.
Motion carried 4-0.
Unless the applicant withdraws their request, their request will be reviewed at the
September 16, 2019, City Council meeting.
5.2 Auto-Rec Bodyworks Inc. — 21475 US Highway 169
■ 20' Side Yard Setback, Case No. V 19-07
Mr. Carlton presented the staff report.
Chair Johnson opened the public hearing.
Rick Haugland, the applicant, stated he was looking to expand his business.
There being no one else to speak, Chair Johnson closed the public hearing.
Chair Johnson stated he felt because of the topography of the lot; it doesn't provide
for many options and feels all five criteria has been met.
Commissioner Larson -Vito agreed and was a good fit in the area.
Moved by Commissioner Larson -Vito and seconded by Commissioner
Rydberg to approve the 10' side yard setback variance 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 petitioner's own action or inaction.
5. The variance will not alter the essential character of the locality.
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Board of Adjustments Minutes
August 27, 2019
and with the following condition:
Page 4
1. The Conditional Use Permit (CU 19-14) shall be approved by the City
Council and recorded prior to the variance being recorded.
Motion carried 4-0.
Any appeals to this variance approval need to be turned in by September 6 to be
reviewed at the September 16, 2019, City Council meeting.
5.3 Church of St. Andrew — 566 4' St. NW
■ Variance for Square Footage and Quantity of Signs, Case No. V
19-09
Mr. Carlton presented the staff report.
Commissioner Rydberg asked if staff had received any objections from anyone in the
neighborhood.
Mr. Carlton stated staff had received no objections.
Commissioner Larson -Vito asked what was unique about this request that the city
would make an exception for this church that the city hasn't for other churches.
Mr. Carlton explained a recent variance case regarding Central Lutheran Church who
had two different uses on their property — a church and a daycare - and they wanted
to advertise two different entrances independently, directing traffic to two locations.
Chair Johnson opened the public hearing. There being no one to speak, Chair
Johnson closed the public hearing.
Chair Johnson understood the uniqueness of these five parcels and the desire to have
all existing signage legal conforming is appealing while adding an additional
freestanding sign.
Commissioner Larson -Vito agreed and felt there was a need with a site this large to
have a sign for some type of identification, especially seeing the dual use viewpoint,
she approves allowing an additional sign along Gates Ave. NW.
Moved by Commissioner Larson -Vito and seconded by Commissioner Thiel
to approve the variance request by The Church of St. Andrew for a variance to
allow four (4) freestanding and three (3) wall signs not to exceed 415 square
feet total for the following reasons:
1. The general purpose and intent of the ordinance is met.
2. The property has a land use of residential and the use is consistent
with the Comprehensive Plan.
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Board of Adjustments Minutes Page 5
August 27, 2019
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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 nota consequence of the petitioner's own action or inaction.
5. The variance will not alter the essential character of the locality.
Motion carried 4-0.
Any appeals to this variance approval need to be turned in by September 6 to be
reviewed at the September 16, 2019, City Council meeting.
6. Adjournment
There being no further business, Chair Johnson adjourned the meeting of the Elk
River Board of Adjustments at 7:03 p.m.
Minutes prepared by Jennifer Green.
Tina Allard
City Clrk
o inson
Planning Commission Chair
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