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05-12-2009 BOA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, MAY 12, 2009 Members Present: Chair Scott, Commissioners Anderson, Ives, Lemke, Staul and Westberg Members Absent: None Staff Present: Planning Manager Jeremy Barnhart, Planner Chris Leeseberg, Recording Secretary Jessica Miller 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 Scott. 2. Consider May 12, 2009 Board of Adjustments Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER STAUL TO APPROVE THE MAY 12, 2009 BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 6-0. 3. Consider February 10, 2009 Board of Adjustments Minutes MOVED BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE FEBRUARY 10, 2009, BOARD OF ADJUSTMENTS MINUTES. MOTION CARRIED 6-0. 4. Request by Timothy Yaeger for Variance from shoreland Setback Regulations, Case No. V 09-02 -Public Hearin Mr. Barnhart presented the staff report. Chair Scott opened the public hearing. Timothy Yaeger, 18696 Queen Circle NW, applicant -stated his request. Steve Rohlf, 12821 188 Avenue NW -indicated that in his experience no variance ever meets all of the criteria for approval. He was in support of the variance. There being no one else to speak to this issue, Chair Scott closed the public hearing. Commissioner Ives questioned is Mr. Yaeger's neighbors have decks. Mr. Yaeger stated that many of the neighbors north along the river have decks. Commissioner Staul questioned if the other decks encroach into the shoreland. Mr. Barnhart explained that there is no record of variance requests on these properties so it is assumed they do not. He stated that staff notes that a precedent that has been established with previous shoreland variances. Board of Adjustments Minutes May 12, 2009 MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER STAUL TO APPROVE THE REQUEST BY TIMOTHY YAEGER FOR VARIANCE FROM THE SHORELAND SETBACK REGULATIONS, CASE NO. V 09-02. MOTION CARRIED 6-0. Other Business There was no other business. 6. Adjournment Page 2 There being no further business, MOVED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING. The meeting of the Elk River Board of Adjustments adjourned at 6:43 p.m. Minutes prepared by Jessica Miller. ~ /, -Z Tina Allard, Ciry Clerk lJ`~/~ Kevin Scott, Chair Board of Adjustments