Loading...
05-24-2022 BA MINOf ver Meeting of the Elk River Board of Adjustments Held at Elk River City Hall Tuesday, May 24, 2022 Members Present: Chair Jill Larson -Vito, Commissioners Perry Beise, Dennis Booth, Eric Johnson, Craig Keisling, Tony Mauren, and Rob Rydberg Members Absent: None Also Present: Councilmember/Liaison Mike Beyer Staff Present: Community Development Director 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, 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 May 24, 2022, Board of Adjustments Agenda Moved by Commissioner Booth and seconded by Commissioner Mauren to approve the May 24, 2022, Board of Adjustments agenda. Motion carried 7-0. 4. Consider March 22, 2022, Board of Adjustments Minutes Commissioner Mauren asked to be added to the list of members present on the March 22, 2022, minutes. Moved by Commissioner Booth and seconded by Commissioner Mauren to approve the March 22, 2022, Board of Adjustments minutes with the above addition. Motion carried 7-0. 5.1 Steve Rust — 21562 Elk Lake Rd. NW, Case No. V 22-03 ■ Lot Width and Lot Size Variance Mr. Leeseberg presented the staff report. Board of adjustments Minutes May 24, 2022 Page 2 Chair Larson -Vito opened the public hearing. There being no one to speak, Chair Larson -Vito continued the public hearing to June 28, 2022. 5.2 Hillside Heights Limited Partnership — 17451 Twin Lakes Rd. NW, Case No. V 22-05 Front Yard Setback and Parking Variance Mr. Carlton presented the staff report. Commissioner Johnson asked if the other apartments have seen any issues with the parking ratio adjustments to 2:1 Mr. Carlton stated he can think of only one apartment unit that has some issues but with this one with the proof of parking there shouldn't be a concern. Chair Larson -Vito opened the public hearing. Mitch Sparger, 10714 175`' Avenue NW, expressed concerns with drag racing occurring at this intersection and asked for police to monitor the area. He had no comments with the applicant's request. There being no one else to speak, Chair Larson -Vito closed the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Keisling to approve the request by Hillside Heights Limited Partnership for a Front Yard Setback and at 17451 Twin Lakes 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. and with the following condition: 1. The front yard setback shall be 15 feet along the curved property line only, all other setback standards shall be satisfied. Motion carried 7-0. Moved by Commissioner Johnson and seconded by Commissioner Beise to approve the request by Hillside Heights Limited Partnership for a Parking Variance at 17451 Twin Lakes Rd. NW for the following reasons: 1. The general purpose and intent of the ordinance are met. 1 09 E R E I ® 1 NATURE Board of adjustments Minutes May 24, 2022 Page 3 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. and with the following condition: 1. A proof of parking agreement shall be approved by the City Council prior to issuing the building permit. Motion carried 7-0. Any appeals to this variance approval need to be turned in by June 3, 2022, to be reviewed at the Monday, June 20, 2022, City Council meeting. 5.3 Franklin Outdoor Advertising — 75-701-0010, Case No. V 22-06 ■ Variance Permitting the Platting of a Substandard Parcel Mr. Carlton presented the staff report. He noted the applicant emailed him earlier today to request a change to the conditions and is requesting a 35' sq. ft. sign and the full 400' sq. foot billboard signage, which is what the C3 district would allow, and wouldn't require a size or height variance. The signage would be two tiers, 20' wide, and two 200' size signs on both sides. Chair Larson -Vito opened the public hearing. Dan Franklin, Franklin Outdoor Advertising, 8065 Hunter Lake Drive, Clear Lake, requested Condition 1 be modified to allow the full 400 square foot billboard signage. He explained the 200-foot signs are more affordable for local advertisers. He stated he has pre -sold a few businesses already. He stated any smaller is too difficult to be seen from the road. Commissioner Rydberg asked Mr. Franklin what type of sign they would be installing. He stated he would understand if people objected to an electronic sign due to the brightness. Mr. Franklin indicated a standard wrap sign would be constructed. There being no one else to speak, Chair Larson -Vito closed the public hearing. Chair Larson -Vito stated she would be in favor of removing the size restrictions. Commissioner Rydberg agreed. rB N E B E B B I ATU E Board of Adjustments Minutes May 24, 2022 Page 4 Commissioner Johnson stated he would like to keep Condition #1 for a 300 square feet and 30 feet tall sign. He indicated the sign will alter the current character of the neighborhood and the apartment building wasn't anticipating a larger sign on this parcel. He felt it was a want, not a need, for a larger sized sign. Commissioner Mauren agreed with Commissioner Johnson. Commissioner Rydberg disagreed with Commissioner Johnson and didn't think the view from the apartments facing the highway and the mundane retail across the highway would mind a little larger sign in this location. He indicated the parcel is unusable and the tax coming in almost negligible. He supported an opportunity to improve the parcel in a commercial zone and allow local businesses an affordable advertising opportunity. Commissioner Johnson stated he felt that even with the condition, the parcel is still usable, with one sign 30' high and 300 square feet. He felt the lot could also be absorbed buy an adjoinng lot. He stated it could set a precedence with other sign requests. Commissioner Rydberg disagreed and stated he was told the adjoining parcel has no desire to absorb that lot. Mr. Franklin stated when he purchased the property, he planned so with the intent to build a 400 square foot sign, not knowing it was an outlot that had restrictions. Commissioner Mauren asked how many signs would be allowed with 300 feet. Mr. Franklin stated one sign would be allowed but would rather have two. Commissioner Johnson asked if there's anything stopping this sign from converting to a digital copy sign in the future. Mr. Carlton stated the applicant would need to apply for a Conditional Use Permit if they were ever to change over to digital changeable copy sign over 30 square feet. Commissioner Johnson asked what the size was of other changeable copy signs in the city. Mr. Carlton stated the signs are maximized at 400 square feet. Moved by Commissioner Rydberg and seconded by Commissioner Beise to approve the request by Franklin Outdoor Advertising for a Variance Permitting the Platting of a Substandard Parcel allowing for replacement of an outdoor sign at 75-701-0010 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. PINEIEI I NATUREI Board of Adjustments Minutes Page 5 May 24, 2022 ----------------------------- 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. and with the following conditions: 1. Future off -premises signage (billboard) on the site shall be limited to 30 feet tall and 300 squafe. 2. All required setbacks and standards shall otherwise comply with city standards. 3. The property shall be re -zoned to C-3 Highway Commercial. Motion carried 6-1 with Commissioner Mauren opposing. Any appeals to this variance approval need to be turned in by June 3, 2022, to be reviewed at the Monday, June 20, 2022, City Council meeting. 5.4 Karin Filip — 15488 Fillmore St. NW, Case No. V 22-07 • Setback Variance to build a pool (20' river setback from the Ordinance High Water Mark) Mr. Leeseberg presented the staff report. He explained because the property is in the Mississippi floodway, the applicant is required to complete a Letter of Map Amendment (LOMA) through FEMA to determine if structures can be built in the floodway. The city cannot approve the request, with or without a variance, a structure in the floodway. Chair Larson -Vito opened the public hearing. Karen Filip, 15488 Fillmore St. NW, is the applicant and stated they had a Certificate of Elevation completed stating the location would not be in the floodway. She couldn't recall the year that it was completed. Mr. Leeseberg indicated he had emailed her the most recent LOMA earlier today which was completed in 2011. There being no one else to speak, Chair Larson -Vito continued the public hearing to the June 28, 2022, Planning Commission meeting. 6. Adjournment There being no further business, Chair Larson -Vito adjourned the meeting of the Elk River Board of Adjustments at 7:00 p.m. PO1EAEA N81 AWVR Board of Adjustments Minutes May 24, 2022 -------------------------- Minutes prepared by Jennifer Green. Tina Allard City Clerk 6"-t�4,n� Jill L4son-Vito Planning Commission Chair Page 6 rI a w E A E o B NATURET)