07-08-2008 BA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, JULY 8, 2008
Members Present: Chair Westgaard, Commissioners Anderson, Scott and Westberg
Commissioner Staul arrived at 6:31 p.m.
Members Absent: Commissioner Austad
Staff Present: Planning Manager Jeremy Barnhart and 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 Westgaard.
2. Consider Jules, 2008 Board of Adjustments Agenda
MOVED BY COMMISSIONER SCOTT AND SECONDED BY
COMMISSIONER LEMKE TO APPROVE THE JULY 8, 2008 BOARD OF
ADJUSTMENTS AGENDA. MOTION CARRIED 5-0.
3. Consider Tune 10. 2008 Board of Adjustments Minutes
MOVED BY COMMISSIONER SCOTT AND SECONDED BY
COMMISSIONER ANDERSON TO APPROVE THE JUNE 10, 2008, BOARD OF
ADJUSTMENTS MINUTES. MOTION CARRIED 5-0.
Commissioner Staul arrived at this time (6:31 pm).
4. Request by Christina Simon for Variance to Lot Frontage Requirements, Public
Hearing -Case No. V 08-07
Mr. Barnhart stated that the applicant purchased the subject property (11938 and 11948
192°~ Avenue NW), with the intent of subdividing and selling each unit as a single family
residence. Mr. Barnhart explained that one of the parcels, as proposed, does not meet the
minimum lot frontage and would require a variance. He explained an option for splitting the
parcel which would make a variance unnecessary (Exhibit A of staffs memo). If the
variance is approved, an Administrative Subdivision and Conditional Use Permit for zero lot
line development would be required. He noted that the other parcels referenced in the
applicant's narrative were split in the early 1980's. He stated that the request does not meet
all five of the criteria for granting a variance and therefore, staff recommends denial of the
application.
Chair Westgaard opened the public hearing.
Christina Simon, applicant -Stated that she purchased the property as an investment.
She stated that staffs option would require an easement, and she would prefer to not to
have an encumbrance on the lots. She stated that there are other lots in the neighborhood
with 70 feet of frontage.
Board of Adjustments Minutes Page 2
July 8, 2008
There being no other comments, Chair Westgaard closed the public hearing.
Commissioner Staul stated that since there is a way to split the property with out a variance,
he was in favor of denying the request. He stated he felt it was important to comply with
the ordinances as written whenever possible.
Commissioner Scott stated that if the neighboring properties had been split recently, he
would consider approving the variance. He stated he supported staff s recommendation for
an alternative to split the property without a variance. He stated that he did not feel an
easement supports a case for hardship.
MOTION BY COMMISSIONER LEMKE AND SECONDED BY
COMMISSIONER ANDERSON TO DENY THE REQUEST BY CHRISTINA
SIMON FOR A VRIANCE TO LOT FRONTAGE REQUIREMENTS, CASE NO.
V 08-07, BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT WILL NOT CAUSE UNDUE HARDSHIP AS
THE PROPERTY ALREADY HAS A VIABLE USE (A DUPLEX) ON IT
WITHOUT A VARIANCE. THE PROPERTY CAN BE SUBDIVIDED
WITHOUT A VARIANCE.
2. THERE IS NO HARDSHIP NOR SPECIAL CONDITIONS AND
CIRCUMSTANCES. THE CONDITIONS OF THE SITE EXISTED PRIOR
TO THE APPLICANT PURCHASING THE PROPERTY. THE CURRENT
CONDITIONS, LOT SIZE AND SETBACKS, MEET THE ZONING
REQUIREMENTS.
3. THE APPLICANT WAS AWARE OF THE CONDITIONS OF THE SITE
PRIOR TO PURCHASING THE PROPERTY; WHICH IS A DUPLEX ON A
SINGLE PARCEL OF LAND.
4. THE PROPERTY OWNER IS NOT BEING DEPRIVED OF ANY RIGHTS.
THE PROPERTY ALREADY HAS A VIABLE USE (A DUPLEX) ON IT
WITHOUT A VARIANCE.
MOTION CARRIED 6-0.
5. Adjournment
There being no further business, MOVED BY COMMISSIONER ANDERSON TO
ADJOURN THE MEETING.
The meeting of the Elk River Board of Adjustments adjourned at 6:44 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary