03-11-2008 BA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, MARCH I I, 2008
Members Present: Chair Scott, Commissioners Anderson, ,Austad, Lemke, Staul and
Westberg
Members Absent: Commissioner Westgaard
Staff Present: Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Planner
Chris Leeseberg, 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 Scott
2. Consider Board of Adjustments Agenda
MOVED BY COMMISSIONER ANDERSON AND SECONDED BY
COMMISSIONER AUSTAD TO APPROVE THE MARCH 11, 2008 BOARD OF
ADJUSTMENTS AGENDA. MOTION CARRIED 6-0.
3.1. Request by Thomas Bamford for a Variance to the Maximum Allowable Accessory Structure
Standards. Case no. V 08-03 -Public Hearin
Staff report presented by Mr. Leeseberg. He provided background information regarding
the subject property which was the result of a parcel being subdivided into the 9.83 acre
parcels. Mr. Bamford inquired how many square feet of accessory structure he was allowed
to build on 10 acres. Since the property is actually less than 10 acres, a variance is required
in order to construct the buildings Mr. Bamford has purchased materials for (6,100 square
feet). Staff feels that the request does not meet #1 and #4 of the standards for granting
variance and recommends denial.
Chair Scott opened the public hearing.
Tom Bamford, 22600 Meadowvale, applicant -Stated that he was hoping the city would
consider the parcel as 10 acres.
Commissioner Anderson asked when the materials were purchased. Mr. Bamford stated
that he purchased the materials after inquiring from staff what the maximum allowed square
footage was fora 10-acre parcel.
Commissioner Austad stated that he could understand the applicant was not aware of the
difference it made being the property was slightly less than 10 acres, but that he concurred
with staff that the request did not meet #1 and #4 of the findings. He stated the applicant
still has the opportunity to appeal the Board of Adjustments' decision at the City Council
meeting.
Commissioner Anderson stated that he felt it was necessary to say no in this instance, in
order to uphold the integrity of the ordinance, and recommended denial.
Commissioner Lemke stated that he had concerns that the city granted a variance for the
9.38 acre lots, which essentially is acceptance of the lots as 10 acre lots. He noted that the
lots would be 10-acre lots, except for the required additional right of way by the county.
Mr. Barnhart stated that staff struggled with this request, since there would be no impact on
the neighborhood.
Commissioner Westberg stated that he calculated the amount of square footage of accessory
structure allowed for the 10-acre lots is 1.8 percent of the lot coverage; and that the
requested amount is 1.4 percent of the lot. He added that a 20-acre lot is allowed
approximately 1.8 percent, and 40 acres is allowed roughly 2 percent of the lot size in
accessory structures. He felt that what is being proposed is within those guidelines, and is
something the Ciry Council may be able to consider.
Commissioner Staul stated that he is aware the applicant has already purchased the materials,
but that the Board of Adjustments does not have the authority to change the ordinance.
Chair Scott stated that this is a case where one variance impacts another. He stated that he
did not feel the former property owner should have been allowed to advertise the lot as a 10-
acre lot.
There being no further public comment, Chair Scott closed the public hearing.
MOTION BY COMMISSIONER ANDERSON AND SECONDED BY
COMMISSIONER STAUL TO DENY THE REQUEST BY THOMAS BAMFORD
FOR A VARIANCAE TO THE MAXIMUM ALLOWABLE ACCESSORY
STRUCTURE IN THE R1A ZONING DISTRICT, BASED ON THE FINDING
THAT THE REQUEST DOES NOT MEET CRITERIA #1 AND #4 IN THE
STANDARDS FOR GRANTING A VARIANCE. MOTION CARRIED 4-2.
Commissioners Lemke and Austad opposed.
6. Adjournment
There being no further business, MOVED BY COMMISSIONER LEMKE TO
ADJOURN THE MEETING.
The meeting of the Elk River Board of Adjustments adjourned at 6:52 p.m.
Respectfully submitted,
~~~~~~
Debbie Huebner
Recording Secretary
Tina Allard
City Clerk