05-13-2008 BA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, MAY 13, 2008
Members Present: Chair Westgaard, Commissioners Austad, Lemke, Scott, and Westberg
Members Absent: Commissioners Anderson and Staul
Staff Present: Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, 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 Westgaard.
2. Consider February 12. 208 2008 Board of Adjustments Minutes
MOVED BY COMMISSIONER SCOTT AND SECONDED BY
COMMISSIONER AUSTAD TO APPROVE THE FEBRUARY 12, 2008 BOARD
OF ADJUSTMENTS AGENDA. MOTION CARRIED 5-0.
3. Consider March 11, 2008 Board of Adjustments Minutes
MOVED BY COMMISSIONER LEMKE AND SECONDED BY
COMMISSIONER AUSTAD TO APPROVE THE MARCH 11, 2008, BOARD OF
ADJUSTMENTS MINUTES. MOTION CARRIED 5-0.
4.1. Request by Raymond Christensen for Variance to the Lot Size Requirement Public Hearing
Case No. V 08-04
Staff report presented by Senior Planner Sheila Cartney. The applicant requests a variance to
the lot size requirements in order to subdivide Lots 4 and 5, Block 6 Westwood Subdivision
into two separate lots. The property currently has one PID number, as the parcels were
combined in 1988. The property is also now subject to the Shoreland Ordinance which
requires lots abutting Lake Orono, to be a minimum of 15,000 square feet. Ms. Cartney
noted that other properties of similar size in this vicinity have been granted a subdivision for
two lots, and that smaller lots are not out of character for this neighborhood.
Chair Westgaard opened the public hearing.
Ray Christensen, applicant -asked for clarification on the proceedings.
There being no further public comment, Chair Westgaard closed the public hearing.
MOTION BY COMMISSIONER AUSTAD AND SECONDED BY
COMMISSIONER LEMKE TO MOVE APPROVAL OF THE REQUEST BY
RAYMOND CHRISTENSEN FOR A LOT SIZE VARIANCE FOR LOTS 4 AND 5
BLOCK 6 WESTWOOD SUBDIVISION; LOT 4 WILL BE 8,129 SQUARE FEET
AND LOT 5 WILL BE 9,748 SQUARE FEET; AND A VARIANCE TO THE
Board of Adjustments Minutes Pagc 2
May 13, 2008
SHORELAND REQUIREMENT TO ALLOW THE LOTS TO BE LESS THAN
15,000 SQUARE FEET. MOTION CARRIED 5-0.
4.2. Reau~est by HJ Development for a Front Yard Setback Variance Public Hearing Case No
V 08-05
Planner Chris Leeseberg reviewed background information regarding the setback dimensions
in the Carson Business Park approval documents. Staff supports the request for the variance
request, as well as a variance for the north side of the building.
Chair Westgaard opened the public hearing. There being no public comment, Chair
Westgaard closed the public hearing.
Chair Westgaard stated that since the building is already built and the tenant is in, he
questioned what could be done, other than approve the variance. Mr. Barnhart stated that
the Commission should review the request on its own merits; regardless of the fact the
building was built. He noted that staff does support the request. Chair Westgaard
concurred.
MOTION BY COMMISSIONER SCOTT AND SECONDED BY
COMMISSIOENR LEMKE TO MOVE APPROVAL OF THE REQUEST BY HJ
DEVELOPMENT FOR A FRONT YARD SETBACK VARIANCE, CASE NO V
07-06 BASED ON THE FOLLOWING CRITERIA:
1. LITERAL ENFORCEMENT WILL CAUSE UNDUE HARDSHIP WITH
FINANCING, LEGAL DOCUMENTS AND TITLE WORK.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS, AS THE SITE
PLAN/STRUCTURE WAS APPROVED AND CONSTRUCTED WITH
INCORRECT SETBACKS.
3. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.
4. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS
ORDINANCE WOULD NOT DEPRIVE THE PETITIONER OF RIGHTS
ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT. THEY
WERE ABLE TO CONSTRUCT A STRUCTURE.
5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY
AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF
THE CITY OR THE NEIGHBORHOOD.
AND WITH THE FOLLOWING CONDITIONS:
1. THE FRONT YARD SETBACK (WEST PROPERTY LINE SETBACK)
SHALL BE 20-FEET FOR ANY PORTION OF THE EXISTING
STRUCTURE, AS CONSTRUCTED AT THE DATE OF APPROVAL OF
THIS REQUEST, WHICH LIES WITHIN THE ESTABLISHED C3
ZONING SETBACK REQUIREMENTS.
Board of Adjustments Minutes Page 3
May 13, 2008
2. THE SIDE YARD SETBACK (NORTH PROPERTY LINE SETBACK)
SHALL BE 25-FEET FOR THE EXISTING STRUCTURE, AS
CONSTRUCTED AT THE DATE OF APPROVAL OF THIS REQUEST.
3. ANY FUTURE EXPANSIONS OR NEW STRUCTURES SHALL MEET THE
ESTABLISHED C3 ZONING SETBACKS.
MOTION CARRIED 6-0.
5. 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 6:53 p.m.
Respec/G~t'/fu''lly submitted,
~i~fi~l ~/~~eS/u-~scs-e.,
Debbie Huebner
Recording Secretary