10-09-2007 BA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, OCTOBER 9, 2007
Members Present: Chair Stevens, Commissioners Anderson, Lemke, Scott, Staul and
Westgaard
Members Absent: Commissioner Austad
Staff Present: Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney,
Recording Secretary Debbie Huebner
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 Stevens.
2. Consider Board of Adjustments Agenda
MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY
COMMISSIONER LEMKE TO APPROVE THE OCTOBER 9, 2007 BOARD OF
ADJUSTMENTS AGENDA. MOTION CARRIED 6-0.
3. Consider September 11, 2007 Board of Adjustments Minutes
MOVED BY COMMISSIONER ANDERSON AND SECONDED BY
COMMISSIONER STAUL TO APPROVE THE SEPTEMBER 11, 2007, BOARD
OF ADJUSTMENTS MINUTES. MOTION CARRIED 6-0.
4. Request by Ross Hjermstad for a Corner Lot Setback Variance for Accessory Structure. Case
No. V 07-08 -Public Hearin
Senior Planner Sheila Cartney reviewed the applicant's request for a variance to construct
and addition to an existing garage. Since the property is a corner lot, the front yard setback
requirement must be met on both sides of the property with street frontage. The applicant
proposes to encroach into the 35-foot required setback by 15 feet. Ms. Cartney reviewed the
five findings which must be met in order to grant a variance. She stated it is staffs
interpretation that there is no hardship, since the application still has reasonable use of his
property, and recommended denial of the request.
Chair Stevens opened the public hearing. There being no public comment, Chair Stevens
closed the public hearing.
Commissioner Staul stated he would abstain from voting on this matter, since he is an
adjacent property owner.
Commissioner Westgaard stated it would be difficult for him to approve the variance. Chair
Stevens concurred. Commissioner Scott stated he also supported staffs recommendation
for denial. Commissioner Anderson stated that he also did not feel there was any hardship.
MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY
COMMISSIONER SCOTT TO DENY THE REQUEST BY ROSS HJERMSTAD
FOR A CORNER LOT SETBACK VARIANCE, CASE NO. V 07-08, BASED ON
THE FOLLOWING:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE
UNDUE HARDSHIP.
MOTION CARRIED 5-0-1. Commissioner Staul abstained.
Mr. Barnhart noted that the request will automatically be appealed to the City Council on
Monday, October 15, 2007.
5. Adjournment
There being no further business, MOVED BY COMMISSIONER SCOTT TO
APPROVE ADJOURN THE MEETING.
The meeting of the Elk River Board of Adjustments adjourned at 6:37 p.m.
Respec/~rt/fully su1/bmitted,
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Debbie Huebner
Recording Secretary