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02-10-2009 BOA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 10, 2009 Members Present: Vice-Chair Scott, Commissioners Anderson, Austad, Lemke, Staul and Westberg Members Absent: None Staff Present: Planning Manager Jeremy Barnhart, 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 Vice Chair Scott. 2. Consider February 10, 2009 Board of Adjustments Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER AUSTAD TO APPROVE THE FEBRUARY 10, 2009 BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 6-0. 3.1. Consider July 8, 2008 Board of Adjustments Minutes MOVED BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE JULY 8, 2008, BOARD OF ADJUSTMENTS MINUTES. MOTION CARRIED 6-0. 3.2. Consider August 12 2008 Board of Adjustments Minutes MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER STAUL TO APPROVE THE AUGUST 12, 2008, BOARD OF ADJUSTMENTS MINUTES. MOTION CARRIED 6-0. 4. Request by Fred McCoy ~IylcCoy's Pub) for Variance from the Shoreland Setback Regulations, and the Impervious Surface Regulations, Case No V 09 01 Public Hearing Planner Chris Leeseberg provided background information regarding approval of the conditional use permit for an addition to the existing restaurant at 651 Main Street Mr. Leeseberg explained the location of the DNR defined bluff line, noting that the proposed addition is within the setback. He stated that approximately 30 feet of the existing building is also within the setback. Mr. Leeseberg stated that the lot is approximately 5,600 square feet and the existing building with the proposed addition will be approximately 4,000 square. He explained that the ordinance states that impervious surface coverage shall not exceed 25 percent of the lot area. The existing structure plus the addition would cover approximately 70 percent of the lot. Mr. Leeseberg reviewed the five findings for granting a variance. He stated that staff recommends denial, since the request does not meet the criteria. Board of Adjustments Minutes February 10, 2009 Page 2 Vice-Chair Scott opened the public hearing. There being no public comment, Vice-Chair Scott opened the public hearing. Commissioner Staul stated that even though he did support the conditional use pern~it, he agreed with staff that the variance request does not meet the five criteria. Comrr-issioner Austad stated he supported the variance. He stated that the request is consistent with what exists behind the other businesses. Commissioner Anderson stated that he could not approve the variance, since it intrudes into the setback beyond what is acceptable, and the amount of impervious surface adds another reason for denial. He stated that it is the job of the Board of Adjustments to uphold the city's regulations. Commissioner Westberg stated he concurs with Commissioner Anderson and staff. He stated he had concems that erosion issues could compromise this property, as well as others businesses. Commissioner Austad stated that he felt the issues could be addressed, and that he would expect the property owner would take all the necessary steps to protect his property. Commissioner Staul stated that if the Board of Adjustments denies the request, the applicant would have an opportunity for review by the City Council and DNR. Councilmember Motin stated that he did not agree with staff's findings. He stated that the size and layout of the lot constitutes a hardship in expanding the business. He had concems with how the bluff line was detem~ined, and that it seems to single out this property. He stated that he felt a good argument could be made that the request does meet the criteria for granting a variance. Commissioner Anderson stated he disagreed that the criteria could be met. He stated that the bluff line was based on the natural conditions, and that the original owner chose to build in that location. He expressed concern for runoff and that approval of the variance could potentially be injurious or adversely affect the health, safety or welfare of residents of the city (Criteria #5). He stated the Board of Adjustments needs to look at the request as it applies to the city's ordinances. Commissioner Lemke stated that he was in favor of approving the request and continuing to work with the DNR to address their concerns. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER STAUL TO DENY THE REQUEST BY FRED MCCOY FOR A VARIANCE FROM THE SHORELAND SETBACK REGULATIONS, AND THE IMPERVIOUS SURFACE REGULATIONS, CASE NO. V 09-01, BASED ON THE FOLLOWING FINDINGS: 1. THE APPLICATION DOES NOT MEET VARIANCE CRITERIA 1-4 SET FORTH IN SECTION 30-635 2. THE ENTIRE PROPOSED 30 FOOT ADDITION IS WITHIN THE DNR DEFINED BLUFF LINE SETBACK Board of Adjustments Minutes Page 3 February 10, 2009 3. THE PROPOSED ADDITION AND EXISTING BUILDING WILL EXCEED THE ALLOWED IMPERVIOUS SURFACE BY APPROXIMATELY 45%. MOTION CARRIED 4-2. Commissioners Lemke and Austad opposed. 6. 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 6:48 p.m. Minutes pxepared by bie Huebner. ~~ ,~ ,,~ Tina Allard, City C ei-k Kevin Scott, Vice-Chair Board of Adjustments