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4.1. DRAFT BA MINUTES 07-28-2020 WA City of Elk -� Weer Meeting of the Elk River Board of Adjustments Held at Elk River City Hall Tuesday,June 23, 2020 Members Present: Chair Jill Larson Johnson, Commissioners Perry Beise,Alexander Feinstein, Eric Johnson,John Jordan, and Brad Thiel Members Absent: Commissioner Robert Rydberg 4 Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, and Sr. Admin. Assistant/Recording Secretary Jennifer Green I. Call Meeting to Order Pursuant to due call and notice thereof, `'e meeting of the Elk XRiver Board of Adjustments was called to order at 6:30 p.m. by Chair Johnson. 2. Pledge of Allegiance *'I The Pledge of Allegiance was recited. 3. Consider June 23, 2020, Board of Adjustments Agenda Moved by Commissioner Jordan and seconded by Commissioner Johnson to approve the June 23, 2020, Board of Adjustments agenda. Motion carried 6-0,, 4. Consider April 28, 2020, Board of Adjustments Minutes Moved by Commissioner Thiel and seconded by Commissioner Feinstein to approve the April 28, 2020, Board of Adjustments minutes. Motion carried 6-0. 5.1 Timothy Thomsen — 11631 219`" Ave. NW ■ Accessory structure size variance- 2618 square feet, Case No. V 20-02 Mr. Leeseberg presented the staff report. Commissioner Jordan asked if there were another location on the property the applicant could build to address the future Highway 169 public roadway Board of Adjustments Minutes Page 2 June 23,2020 ----------------------------- infrastructure interchange on and around the subject parcel as outlined in the Gravel Mining Plan. Mr. Leeseberg stated relocation of the proposed structure further north on the applicant's property may be possible but stated it is not a unique situation and staff s viewpoint would not change. He stated the future interchange plans are not set in stone and may change in the future. Commissioner Beise asked if a smaller building could be proposed. Mr. Leeseberg stated the applicant would be allowed to build up to approximately a 1500 sq. ft. building without a variance and that optio discussed with the applicant Chair Larson-Vito opened the public hearin Tim Thomsen— 11631 219`'Ave NW aI ed he was the applicant"and explained he has no garage on his property to st , 'a car in winter or any other items. He has tractors and trailers stored outdoors and noted it would be nice to secure his equipment. He stated one shed is used mainly for the dog kennel business but needs more storage space. He indicated he had the support from the neighboring businesses by submitting a letter of support from Greenscape Companies and noted Plaisted's were also in support of the variance There being no one to speak, Ch ``'arson= ito the public hearing. Mr. Leeseberg explained to the Commission that Mr. Thomsen experiences racetrack dust from activity from ERX and would also like the accessory structure to prevent the dust from cav ri his item Chair Larson-Vito indicated she felt the property itself was not necessarily unique, but the surrounding business and circumstances made this a unique situation and she did not feel the request was a huge overage. She stated she knows as a board they prefer to keep things stored inside to keep agricultural properties tidy. Commissioner Johnson agreed with Chair Larson-Vito and noted having ERX next door as a neighbor was not typical and felt it creates uniqueness. He stated securing equipment on your property seemed necessary for running a business and he was open to approving the request. He was concerned that the amount of square footage exceeding what is allowed in that district was high. Commissioner Thiel asked how the Board has approved a variance overage like this historically and noted this request seems excessive. Mr. Leeseberg indicated in the almost 20 years he has been reviewing these types of cases, there was only one other similar request and it involved squaring off a building for 1000 sq. ft. over the allowed square footage. He recalled the Board of UREI Board of Adjustments Minutes Page 3 June 23,2020 ----------------------------- Adjustments denying the request and the City Council ultimately approving it. He stated the request was squaring off the corner of a building to store hay. He indicated another similar variance request would also be reviewed this evening and questioned if the ordinance should be adjusted for future requests. Commissioner Johnson stated when running the numbers by eliminating the 320 sq. ft. structure, the applicant's request is close to what they have approved in the past and he would not be opposed to approving a smaller shed. He indicated there were more business uses on the property than agricultural uses. Commissioner Beise agreed with Commissioner Johnson and felt the overage was a bit much. He stated that operating another business on a residential property was a personal choice and he was more inclined to appro e>v riance request for a smaller amount of square footage. Commissioner Feinstein agreed with Commissioner Johnson an se's comments and would be more inclined to approve a smaller variance request. Commissioner Jordan stated he disagreed with the comments and had no problem with approving this request. He stated he did not compare variance requests to each other but rather individually on their own merit. He felt because of the uniqueness of both the location of the property and requiring protection both from dust and for security,he would be in favor of approving the applicant's request. Chair Larson-Vito``as e`"if this request should beta' ed to allow the applicant to amend their request. She stated she did not know if the Board had the authority to modify the applicant's request. Mr. Leeseberg stated conditions are allowed on variances and if the Board so chose, they could,add a condition that the structure not exceed 1000 square feet, for example. Commissioner Jo�`nson st fter hearing Commissioner Jordan's comment,he felt more inclined to approve the applicant's original request of an accessory structure size variance of 2,618 sq. ft. instead of making restrictions trying to make it fit as he didn't feel they would be doing the applicant justice. Moved by Commissioner Jordan and seconded by Commissioner Johnson to approve the variance request by Timothy Thomsen for an accessory structure size variance of 2,618 square feet on the property located at 11631219'Ave. NW, for the following reasons: 1. The petitioner proposes to use the property in a reasonable manner. 2. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petitioner's own action or inaction. 3. The variance will not alter the essential character of the locality. UREJ Board of Adjustments Minutes Page 4 June 23,2020 ----------------------------- Motion carried 4-2 with Commissioners Beise and Thiel opposing. Any appeals to this variance approval need to be turned in by July 3, 2020, to be reviewed at the July 20, 2020, City Council meeting. 5.2 Mathew James - 21272 Elk Lake Rd. NW ■ Accessory structure size variance- 275 square feet, Case No. V 20-03 Mr. Leeseberg presented the staff report. Chair Larson-Vito opened the public hearing. Aot There being no one present to speak, Chair Larson-Vito closed the public hearing. Moved by Commissioner Beise and seconded by Commissioner Thiel to approve the variance request by Mathew James for an accessory structure size variance of 275 square feet on the property located at 21272 Elk Lake Rd. NW, 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. Motion carried 6-0, Wr'4'Any appeals to this variance approval need to be turned in by July 3, 2020, to be reviewed at the July 20, 2020, City Council meeting. 5.3 Eric Flahave - 21445 Kennedy St. NW ■ Side Yard Setback Variance from 20' to 10' - Case No. V 20-04 Mr. Leeseberg presented the staff report. Commissioner Johnson asked if the applicant had any concerns with the requirement of having the property line surveyed. Mr. Leeseberg stated the applicant had no issue with that condition. Chair Larson-Vito opened the public hearing. NATURE] Board of Adjustments Minutes Page 5 June 23,2020 ----------------------------- There being no one to speak, Chair Larson-Vito closed the public hearing. Commissioner Thiel stated he understood the need to avoid the septic line but did not feel avoiding a sprinkler line was a reason for a variance. He asked if there was some way to move the structure to somewhere within the 20' setback and still avoid the septic setback. Mr. Leeseberg stated he believed so but was not sure how close it would be to the septic and drainfield as the drawing submitted was not an official survey. Moved by Commissioner Johnson and seconded by Commissioner Jordan to approve the side yard setback variance request by Eric Flahave for a side yard setback variance of 20' to 10' at 21445 Kennedy St. NW 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. Motion carried 6-0. q%, Any appeals to this variance approval need to be turned in by July 3, 2020, to be reviewed at the July 20, 2020, City Council meeting. 6. eThere ' urnment ,'it", being no further business, Chair Johnson adjourned the meeting of the Elk Board of Adjustments at 6:59 p.m. Minutes prepared by Jennifer Green. 'AN Tina Allard City Clerk Eric Johnson Planning Commission Chair p 0 W I R 1 9 ® Y NATURE