09-11-2007 BA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT THE ELK RIVER CITY HALL
TUESDAY, SEPTEMBER 11, 2007
Members Present: Chair Stevens, Commissioners Austad, Lemke, Scott, Staul and Westgaard
Commissioner Anderson arrived at 6:32 p.m.
Members Absent: None
Staff Present: Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Street
Superintendent Phil Hals; Recording Secretary Debbie Huebner
1. 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 September 11.2007 Board of Adjustments Agenda
MOVED BY COMMISSIONER LEMKE AND SECONDED BY
COMMISSIONER AUSTAD TO APPROVE THE SEPTEMBER 11, 2007,
PLANNING COMMISSION AGENDA AS PRESENTED. MOTION CARRIED
6-0.
3.1. Consider August 14, 2007 Board of Adjustments Minutes
MOTION BY COMMISSIONER LEMKE AND SECONDED BY
COMMISSIONER STAUL TO APPROVE THE AUGUST 14, 2007 BOARD OF
ADJUSTMENTS MINUTES. MOTION CARRIED 6-0.
4. Request by Dwight and Jane Kirkeidi to Expand aNon-Conforming Use. Case No. V 07-07
- Public Hearin
Ms. Cartney explained that the home on the subject property was built in 1983 and is
presumed it was a permitted use at that time. The property was later rezoned to C-3,
Highway Commercial. She noted that the property currently does not have a garage. The
applicant proposed to construct a 1,792-square foot garage with a 495-foot gazebo attached.
Staff recommends approval of the request with the three conditions listed in the staff report
dated September 11, 2007.
Chair Stevens opened the public hearing. There being no public comment, Chair Stevens
closed the public hearing.
Commissioner Anderson questioned why the request would also be heard by the City
Council, whether or not the Board of Adjustments approved the request. Mr. Barnhart
explained that request is not a variance, and since there is no history of this type of request,
the City Attorney has advised that the City Council also act on the request.
MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY
COMMISSIONER ANDERSON TO MOVE APPROVAL OF THE REQUEST BY
Board of Adjustments
September 11, 2007
Pale 2
DWIGHT AND JANE KIRKEIDE TO EXPAND ANON-CONFORMING USE,
CASE NO. V 07-07 BASED ON THE FOLLOWING CRITERIA:
(1) THE COST OF THE EXPANSION IS NOT IN EXCESS OF 25 PERCENT
OF THE ASSESSED VALUE OF THE IMPROVEMENTS ON THE
PROPERTY. THE GARAGE AND GAZEBO ADDITION DO NOT EXCEED
25 PERCENT OF THE ASSESSED VALUE OF THE IMPROVEMENTS TO
THE PROPERTY.
(2) THE EXPANSION WILL NOT MAKE THE PROPERTY ANY LESS
COMPATIBLE WITH ADJACENT PROPERTIES. THE ADJACENT
PROPERTIES ARE RESIDENTIAL USES ALONG THE RIVER AND THE
MAJORITY OF THEM HAVE A GARAGE STRUCTURE AND OTHER
ACCESSORY STRUCTURES. THE EXPANSION WILL NOT MAKE THE
PROPERTY ANY LESS COMPATIBLE WITH ADJACENT PROPERTIES.
AND SUBJECT TO THE FOLLOWING CONDITIONS:
1. ALL COMMENTS AND CONDITIONS OF THE ENVIRONMENTAL
ADMINISTRATOR'S MEMO DATED AUGUST 14, 2007 SHALL BE
ADDRESSED.
2. ALL COMMENTS AND CONDITIONS OF THE PLANS EXAMINER'S
MEMO DATED AUGUST 7, 2007 SHALL BE ADDRESSED.
3. ALL APPLICABLE BUILDING CODES AND PERMITS APPLY.
MOTION CARRIED 7-0.
Other Business -None
6. Adjournment
There being no other business, MOVED BY COMMISSIONER LEMKE AND
SECONDED BY COMMISSIONER AUSTAD TO ADJOURN THE METING.
MOTION CARRIED 7-0.
The meeting of the Elk River Board of Adjustments adjourned at 6:38 p.m.
Submitted by,
Debbie Huebner
Recording Secretary