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08-25-2020 BA MINMeeting of the Elk River Board of Adjustments Held at Elk River City Hall Tuesday, August 25, 2020 Members Present: Chair Jill Larson Johnson, Commissioners Perry Beise, Eric Johnson, John Jordan, Robert Rydberg, and Brad Thiel Members Absent: Commissioner Alexander Feinstein Staff Present: Senior Planner Chris Leeseberg 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 Larson -Vito. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider August 25, 2020, Board of Adjustments Agenda Moved by Commissioner Beise and seconded by Commissioner Rydberg to approve the August 25, 2020, Board of Adjustments agenda. Motion carried 6-0. 4. Consider July 28, 2020, Board of Adjustments Minutes Moved by Commissioner Thiel and seconded by Commissioner Beise to approve the July 28, 2020, Board of Adjustments minutes. Motion carried 6-0. 5.1 Eric Toth — 12824 Orono Rd. ■ Lot Size Variance — 3,388 sq. ft. less than required 11,000 sq. ft., Case No. V 20-10 Mr. Leeseberg presented the staff report. He explained new information has been presented from the applicant to address the condition of creating a non -conforming lot, the applicant will request a deed restriction be placed on the parcel to prohibit Board of Adjustments Minutes August 25, 2020 Page 2 anything being built on the parcel. He stated it would be filed against the parcel and follow it even if someone else were to purchase the parcel. Commissioner Thiel asked if there was an alternative process the applicant could take. Mr. Leeseberg stated the applicant would have to plat the property and explained the process, noting the applicant said it was time consuming and quite a bit more expensive than going through a variance. Chair Larson -Vito opened the public hearing. Eric and Elizabeth Toth, 1023 Manor Place, thanked staff for helping them find the best means to achieve their desired outcome. He stated their intention is not to ever build on the newly created parcel and accepts that it would not conform to the zoning district requirements. He explained the Stritesky parcel, for whatever reason, was not included when the parcels surrounding them were originally platted. He stated after he and his wife purchased this parcel, the Stritesky's approached them and asked about purchasing part of this vacant parcel. To keep costs and time at a minimal, they would prefer to request the variance as the platting process is pretty extensive and can take 6-18 months due to the administrative process with cost about 1/3 the cost to purchase the property. He stated he understands if a variance were approved, there would be covenants following it. He stated an Administrative Subdivision by Simple Plat process is not allowed by state and county authorities. He requested for approval of a lot size variance less than the required standard with a covenant to record a deed restriction stating the platted parcel is not buildable unless the subdivided property is platted as a conforming lot with the adjacent parcel. He felt this process would protect the property from being built on and would meet the variance requirements as presented in the staff report. Commissioner Beise asked if restrictions could be placed on the Stritesky property to prevent the vacant lot from being unkempt. Mr. Leeseberg stated Gary and Diane Stritesky would still be the owners of the vacant lot even if they sell their main property and would be required to maintain the vacant lot following city ordinance. He was not sure if a deed restriction could be placed on the Stritesky property and would have to talk to the city attorney. Commissioner Rydberg asked if this parcel has lake access. Mr. Toth stated it does not have lake access. Commissioner Thiel asked if the lot as it sits is buildable. Mr. Leeseberg stated it is buildable. Mr. Toth stated it always has been a buildable lot since 1960 when it was platted. P 0 1 E B E I B Y NATURE Board of Adjustments Minutes Page 3 August 25, 2020 Mr. Leeseberg indicated it was stubbed in for sewer and water at that time. Ms. Toth asked when the Stritesky's sold their home, would they be required to go through a platting process. Mr. Leeseberg stated it would not be required when selling their home. There being no one else to speak, Chair Larson -Vito closed the public hearing. Commissioner Johnson stated he was in favor of passing the variance and felt it was no fault to the owner of the lot that it was never platted. He agrees it would be much cleaner to plat but is comfortable with the deed restriction and felt the criteria would be met. Chair Larson -Vito asked if there was anything that could undo the deed restriction or cause future problems for the Planning Commission. She referenced a similar situation on Upton Avenue. Mr. Leeseberg stated he would have to check but felt there would be mechanisms available to undo the deed restriction in a similar way as an easement vacation. Commissioner Beise asked how small the lot would have to be to make it non - buildable. Mr. Leeseberg stated he and Mr. Carlton reviewed that approach, noting the lot would have to be 3 feet smaller to make it non -buildable but that a future owner could request a setback variance to allow building a smaller sized home. Commissioner Rydberg stated he opposed the request and felt the Planning Commission should envision the future of what could be requested if they were to grant the variance today. He stated he does not see an impetus to make this decision today and suggested the proper process should be followed. Commissioner Thiel agreed with Commissioner Rydberg, also opposing the request, noting they would be eliminating a buildable lot and felt the Planning Commission should think about the future. He felt a buffer space is already there with the empty parcel and they should follow the proper process to plat the Stritesky lot to allow a property line adjustment. Commissioner Johnson asked what the rational for denial would be. Commissioner Rydberg stated leaving a remnant lot. Commissioner Thiel stated changing the character of the neighborhood and creating a non -buildable lot, even with the deed restriction. PONER1081' NATUREI Board of Adjustments Minutes August 25, 2020 Page 4 ----------------------------- Moved by Commissioner Beise and seconded by Commissioner Rydberg to deny the variance request by Eric Toth for a lot size variance of 3,388 sq. ft. less than required 11,000 sq. ft. on the property located at 12824 Orono Rd., for the following reasons: 1. Is not in harmony with the general purpose and intent of the ordinance. 2. The plight of the petitioner is not due to circumstances unique to the property. 3. The variance will alter the essential character of the locality. Motion carried 5-1 with Commissioner Johnson opposing. Because this request was denied, it will be reviewed at the September 21, 2020, City Council meeting. Adjournment There being no further business, Chair Larson -Vito adjourned the meeting of the Elk River Board of Adjustments at 7:01 p.m. ute;repaxe Jennifer Green. Tina Allard City Clerk Jill arson -Vito Planning Commission Chair IP0*EaEI O1 IATUR�