01-09-2007 BA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, JANUARY 9, 2007
Members Present: Chair Lemmke, Commissioners Anderson, Offerman, Ropp, Scott, Stevens
and Westgaard
Members Absent: None
Staff Present: Jeremy Barnhart, Planning Manager; Sheila Cartney, Sexuor Planner; Chris
Leeseberg, Planner; Terry Maurer, City Engineer; Debbie Huebner,
Recording Secretary
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 Lemke.
2. Consider 1/9/07 Board of Adjustments Agenda
MOVED BY COMMISSIONER SCOTT AND SECONDED BY
COMMISSIONER STEVENSTO APPROVE THE JANUARY 9, 2007 BOARD OF
ADJUSTMENTS AGENDA. MOTION CARRIED 7-0.
3. Consider 12/12/06 Board of Adjustments Minutes
The December 12, 2006 Board of Adjustments minutes will be considered at the February
13, 2007 Board of Adjustments meeting.
Consider Variance Request by John Weicht and Associates LLP (Deano's/Precision Frame)
Public Hearing -Case No. V 07-01
Planner Chris Leeseberg presented the request by John Weicht and Associates for a variance
to allow a building addition to be within the 40-foot rear yard setback (a 20-foot variance).
He provided information regarding the location of the property, reason for the request, and
reviewed the five criteria to be considered in granting a variance. He stated that staff is
recommending approval of the variance, although Item # 4 cannot be met, since the request
is consistent with the intent of the district.
Chair Lemke opened the public hearing. There being no public comment, Chair Lemke
closed the public hearing.
MOTION BY COMMIISSIONER STEVENS AND SECONDED BY
COMMISSIONER WESTGAARD TO APPROVE THE VARIANCE REQUEST
BY JOHN WEIGHT AND ASSOCIATES, LLC, CASE NO. V 07-O1, BASED ON
THE FOLLOWING FINDINGS:
1. ALTHOUGH AN ADDITION OF APPROXIMATELY 18-FEET WOULD
MEET THE ZONING REQUIREMENTS, LITERAL ENFORCEMENT
WOULD NOT ALLOW THE APPLICANT TO CONSTRUCT A
STRUCTURE ON THE NORTH SIDE OF THE EXISTING BUILDING TO
AN APPROPRIATE SIZE NEEDED TO SUSTAIN THEIR BUSINESS.
ALTERNATE LOCATIONS OF A BUILDING ADDITION WOULD
INTERFERE WITH VEHICULAR CIRCULATION.
2. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT
PECULIAR TO THE PROPERTY AND THE STRUCTURE. THE
CIRCUMSTANCE THAT IS CAUSING THE NEED FOR A VARIANCE IS
THE SETBACK REQUIREMENTS ON A CORNER LOT. THE
DETERMINATION OF WHICH IS THE REAR LOT ON A CORNER LOT
IS BY THE ADDRESS OF THE PROPERTY AS REAR LOT LINES ARE
OPPOSITE THE ADDRESS SIDE. IF THIS BUILDING WOULD HAVE
BEEN ADDRESSED OFF OF VANCE STREET, THIS ADDITION WOULD
MEET THE SETBACK REQUIREMENT FOR THE NORTH SIDE AND A
VARIANCE WOULD NOT BE NEEDED FOR THIS SIDE. THE
REQUIREMENT OF A "REAR" YARD FOR A CORNER LOT CREATES A
UNIQUENESS THAT IMPOSES GREATER HARDSHIP.
3. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION
AS THE CODES REGARDING SETBACKS AND YARD CLASSIFICATIONS
ARE DRIVEN BY THE
CITY. HOWEVER, THE INITIAL DEVELOPMENT OF THE SITE
CAUSES SOME EXPANSION OESTACLES NOT CONSIDERED AT THE
TIME.
4. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS
ORDINANCE WOULD NOT DEPRIVE THE PETITIONER OF RIGHTS
ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRIC'~ AS AN
ADDITION OF APPROXIMATELY 18-FEET WOULD MEET THE
ZONING REQUIREMENTS.
5. THE VARIANCE WOULD NOT BE INJURIOUS TO OR ADVERSELY
AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF
THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY.
AND WITH THE FOLLOWING CONDITION:
1. A VARIANCE OF 20-FEET SHALL BE GRANTED AS INDICTED ON THE
SITE PLAN DATED 10/30/2006.
MOTION CARRIED 7-0.
5. Adjournment
There being no further business, MOVED BY COMMISSIONER STEVENS TO
ADJOURN THE MEETING.
The meeting of the Elk River Board of Adjustments adjourned at 6:38 p.m.
Respectfully submitted,
,cQ~~ ~~
Debbie Huebner
Recording Secretary