12-11-2007 BA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, DECEMBER I i, 2007
Members Present: Chair Stevens, Commissioners Austad, Lemke, Scott, Staul and Westgaard
Members Absent: Coinnussioner Anderson
Staff Present: Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Park
Planner/Planner Chris Leeseberg, 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 Board of Adjustments Agenda
MOVED BY COMMISSIONER SCOTT AND SECONDED BY
COMMISSIONER WESTGAARD TO APPROVE THE DECEMBER 11, 2007
BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED -0.
3. Consider October 9, 2007 Board of Adjustments Minutes
MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY
COMMISSIONER AUSTAD TO APPROVE THE OCTOBER 9, 2007, BOARD OF
ADJUSTMENTS MINUTES. MOTION CARRIED 6-0.
4. Request by Loucks Associates for Setback Variance for Sonic Restaurant, Public Hearing -
Case No. V 07-09
Ms. Cartney presented the staff report. The applicant proposes a Sonic restaurant on the
former Burger Time site on Main Street and Carson Street. She provided a brief overview of
the project. Ms. Cartney noted that alive-foot setback variance is being requested for the
drive aisle on the west side of the proposed building, which is consistent with what was in
place for the former Burger Time. She stated that staff feels the criteria has been met for
granting a variance and recommends approval.
Chair Stevens opened the public hearing. There being no public comment, Chair Stevens
closed the public hearing.
Commissioner Westgaard stated he had no issues with the request. Chair Stevens concurred.
MOTION BY COMMISSIONER LEMKE AND SECONDED BY
COMMISSIONER STAUL TO APPROVE THE REQUEST BY LOUCKS
ASSOCIATES FOR AFIVE-FOOT SETBACK VARIANCE FROM THE DRIVE
AISLE, CASE NO. V 07-09, BASED ON THE FOLLOWING FINDINGS:
1. THE SITE AFTER PLATTING THE RIGHT OF WAY FOR MAIN STREET
WILL BE .87 ACRES, WHICH IS A SMALLER THAN THE SITE BURGER
TIME DEVELOPED ON DUE TO PLATTING, AND SMALLER THAN
Board of Adjustments Minutes
December 11, 2007
Page 2
THE REQUIRED 1 ACRE IN THIS DISTRICT. LITERAL
ENFORCEMENT WOULD CREATE HARDSHIP DUE TO THE CITY
IMPOSED REDUCTION OF LOT SIZE, LIMITING THE AMOUNT OF
USABLE SPACE.
2. AS NOTED ABOVE, THE SITE IS SMALLER THAN ALLOWED BY
ORDINANCE, MAKING IT UNIQUE IN THE DISTRICT. THE EXISTING
DEVELOPMENT HAS A DRIVE AISLE SETBACK OF FIVE FEET, THE
APPLICANT IS NOT REQUESTING TO DECREASE THIS SETBACK, BUT
IS REQUESTING TO MAINTAIN THE FIVE FOOT SETBACK. THIS IS
CONSISTENT WITH PRESENT CONDITION OF THE SITE.
3. THE CITY REQUIRES THE ADDITIONAL RIGHT OF WAY, MAKING
THE LOT UNIQUE IN SIZE.
4. THE EXISTING USE HAS A FIVE FOOT SIDE YARD SETBACK AND HAS
SET THE PRECEDENT FOR THIS AREA. A SONIC RESTAURANT, DUE
TO THE BUILDING SIZE, IS UNIQUELY APPROPRIATELY SUITED FOR
THE LOT, IF THE VARIANCE WAS NOT GRANTED THE SITE MIGHT
NOT BE DEVELOPED TO THE HIGHEST INTENSE USE FOR THIS
LOCATION.
5. THE VARIANCE WILL NOT ALTER THE CHARACTER ALREADY
ESTABLISHED IN THIS AREA.
AND WITH THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED
DECEMBER 4, 2007 SHALL BE ADDRESSED.
2. APPROVAL OF A CONDITIONAL USE PERMIT FOR SONIC.
MOTION CARRIED 6-0.
Other Business -There was no other business.
6. Adjournment
There being no further business, MOVED BY COMMISSIONER WESTGAARD
MOVED TO ADJOURN THE MEETING.
The meeting of the Elk River Board of Adjustments adjourned at 6:33 p.m.
Minutes prepared by Debbie Huebner.
Tina Allard, Ciry Clerk