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4.1. DRAFT BA MINUTES 08-25-2020 WA City of Elk -� Weer Meeting of the Elk River Board of Adjustments Held at Elk River City Hall Tuesday,July 28, 2020 Members Present: Chair Jill Larson Johnson, Commissioners Perry Beise,Alexander Feinstein, Eric Johnson,John Jordan, Robert Rydberg, and Brad Thiel Members Absent: None -At' Staff Present: Planning Manager Zack Carlton and Senior Planner Chris Leeseberg I. Call Meeting to Order Pursuant to due call and notice thereof, the meetmg`6 'the Elk River Board of Adjustments was called to order at 6:30 p.m. by Chair Larson-Vito. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider July=Board of Adjustments Agenda Moved by Commissioner Beise and seconded by Commissioner Johnson to approve the July 28, 2020, Board of Adjustments agenda. Motion carried 7-0. 4. Consider June 23, 2020, Board of Adjustments Minutes Moved by Commissioner Thiel and seconded by Commissioner Johnson to approve the June 23, 2020, Board of Adjustments minutes. Motion carried 7-0. 5.1 Adam Brodal - 18197 Concord Circle NW ■ 4' Rear Property Setback Variance, Case No. V 20-08 Mr. Leeseberg indicated the applicant has requested his application be withdrawn. Board of Adjustments Minutes Page 2 July 28,2020 ----------------------------- 5.2 Rich Bengston — 9700 215`" Avenue NW ■ Accessory Structure Size Variance- 1,268 square feet, Case No. V 20-09 Mr. Leeseberg presented the staff report. He discussed an alternative to subdividing the property,but applicant wished to avoid this approach due to cost and time along with possible future concerns with a shared driveway. He noted the shared driveway could be managed by adding a condition for a sunset date. Chair Larson-Vito opened the public hearing. Richard Bengston, 19190 Hoover St. NW, outlined the reasons to apply for a variance to avoid the costly route of a property split and would cause a two-month delay. He stated the timeline for approval is now, explaining his wife grew up on the property,they are outgrowing their current home, and the home on this property is a one-bedroom and very small. He stated they have received bids from contractors and to keep on their timeline before winter, the time to begin this remodel is now. Commissioner Beise asked when this planning start. Mr. Bengston stated the process began three years ago when they began discussing this remodel, explaining his father-in-law began slipping in health and they now make daily visits to the property. He stated this,approval will allow the parents to remain on the property they have owned. .` There being no one else p; `°'ent to speak, Chair Larson-Vito closed the public hearing. Commissioner Rydberg stated he has a problem with trying to fit this request into the existing zoning. He explained this is an existing farm,but the city overlaid the zoning on this and without a variance would force them to divide this 8-acre parcel. He felt to remodel an existing building on the inside would not affect the neighbors or the environment and understood the family need to address senior housing. He suggested reviewing the zoning ordinance to allow more flexibility. He would like to see this variance approved. Commissioner Johnson stated he agreed with Commissioner Rydberg and said when they passed the accessory dwelling unit ordinance,it was geared towards a smaller property adding an extra garage with a mother-in-law suite. He feels the criteria are met,not adding any new buildings, not adding any additional square footage. Expanding the livable space that exists inside the building. In favor of approving the variance. He can see the different criteria,but he feels he can justify where he feels it would be reasonable and fit within the guidelines of the criteria. Commissioner Thiel stated this is a tough one but agreed with city staff as he felt an accessory structure is meant to be a barn. He stated if there were no other alternatives, then look at a variance for a solution,but felt splitting the property P 0 W I R I D 9 Y otmaA UREJ Board of Adjustments Minutes Page 3 July 28,2020 ----------------------------- would be the proper way to do it with the current zoning ordinance. He would not be in support of the variance request. Commissioner Johnson stated he initially felt subdivision was a better option but after reviewing this particular request,he felt since they're not building a new building, he still feels that with the zoning in place, characteristics, and area with the larger lot,to approve the variance. Commissioner Rydberg stated he takes issue with the city creating a problem with the zoning as he felt it cuts back on their ability to use the property and felt this was a very reasonable use. Chair Larson-Vito clarified that this parcel was zoned agricultural and would not have allowed an additional home on the property. She stated she did not feel a zone change was the issue here. She stated the city created accessory dwelling units to allow these types of uses in areas where they previously were not permitted. Commissioner Rydberg stated this unit is pre-existing. Commissioner Johnson stated what's existing today would fit in the current ordinance,but when the city created the ordinance, the intent was not meant for a scenario like this. He felt an exce tion in this case could be made as they are not creating anything new. Commissioner Rydberg stated he recalle ailing r that you can have an accessory structure on the property that can be habitable, and felt the only thing being asked is a larger size unit. Commissioner Johnson stated he agreed from a city staff perspective that the applicant is requesting more than double the occupancy size when the ordinance states no more than 1,000 square feet. He stated he looked at it differently if they were to create an office space instead,it would be allowed with a conditional use permit. He felt this request situation had the uniqueness that would allow for a variance, noting this was not the type of scenario he thought of when this ordinance was approved. Mr. Leeseberg stated the city has received two or three ADUs since the ordinance was adopted and they have all been on large lots and all approved. Commissioner Feinstein stated due to the size of the lot and the fact that they are improving the interior,he would support this request. Commissioner Jordan stated initially he was not sure if he would approve this request particularly if the lot were smaller but in this case,he does not have a problem with it. UREJ Board of Adjustments Minutes Page 4 July-28,2020 ----------------------------- Chair Larson-Vito stated she also was not sure how to proceed with this. She stated they could explore the ordinance as it relates to lot size to create some flexibility especially if these types of requests continue to show up. She would support this application. Moved by Commissioner Johnson and seconded by Commissioner Feinstein to approve the variance request by Rich Bengston for an accessory structure size variance of 1,268 square feet on the property located at 9700 215"Avenue 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 6-1 with Commissioner Thiel opposing. Any appeals to this variance approval need to be turned in by August 7,2020, to be reviewed at the August 17, 2020, City Council meeting. :' 6. Adjournmen There being no further%business, Chair Johnson adjourned the meeting of the Elk River Board of Adjustments at 6:51 p.m-----,. Minutes reparedby ennifer Green. Tina Allard' City Clerk Jill Larson-Vito Planning Commission Chair p 0 W I R 1 9 ® Y NATURE