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08-11-2009 BOA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST I I, 2009 Members Present: Chair Scott, Commissioners Anderson, Ives, Lemke and Westberg Members Absent: None 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 Scott. 2. Consider August 11, 2009 Board of Adiustments Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE AUGUST 11, 2009 BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 5-0. Consider Ju1y20, 2009 Board of Adjustments Minutes MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER STAUL TO APPROVE THE JULY 20, 2009, BOARD OF ADJUSTMENTS MINUTES. MOTION CARRIED 5-0. 4.1. Staff report presented by JeremyBarnhart. Mr. Barnhart stated the applicant is requesting two variances; first, to allow an additional driveway; and second, to increase the amount of impervious surface area. Mr. Barnhart explained that certain driveways are allowed to have two driveways and that the goal is to reduce the number of access points onto city streets. He stated that in this case, two are consistent with the spirit of the ordinance, and also will reduce on-street parking. He stated that the applicant has asked for a total drivewaywith of 40 feet, and that staff is not opposed to the request, as it is consistent with the ordinance. Mr. Barnhart stated that staff also supports up to 30 percent of impervious surface, provided the applicant employs a storm water plan, as described in his letter to the applicant dated August 5, 2009. Staff recommends approval of this variance as well, with the five conditions listed in the staff repon. He noted that staff will work with the applicant to address the issues in the city engineer's letter. Commissioner Anderson asked if the city engineer's comments should be listed in the conditions. Mr. Barnhart stated that staff's comment letter addresses these concerns. Chair Scott opened the public hearing. There being no comments, Chair Scott closed the public hearing. - Board of Adjusttnenu Minutes August 11, ?009 Page 2 Commissioner Westberg asked if staff was recommending a total drivewayaridth of 30 feet as stated in the conditions, or 40 feet as mentioned bystaff. Mr. Barnhan stated that staff is comfonable with 40 feet, which is consistent with the ordinance. MOTION BY WESTBERG, SECONDED BY ANDERSON TO APPROVE THE REQUEST BY JAKE NELSON FOR A VARIANCE TO ALLOW AN ADDITIONAL DRIVEWAY, WITH THE FOLLOWING CONDITIONS: 1. THE TWO DRIVEWAYS DO NOT EXCEED 40 FEET IN WIDTH. MOTION CARRIED 5-0. MOTION BY WESTBERG, SECONDED BY ANDERSON TO APPROVE THE REQUEST BY JAKE NELSON FOR A VARIANCE TO EXCEED THE MAXIMUM AMOUNT OF IPERVIOUS SURFACE REQUIREMENTS, SUBJECT TO: 1. ALL COMMENTS IN THE LETTER DATED AUGUST 5, 2009, INCLUDING: • LANDSCAPE PLAN • STORM WATER MANAGEMENT PLAN 2. MOVE PROPOSED RETAINING WALL AT LEAST 5 FEET FROM THE NORTH PROPERTY LINE. 3. MAXIMUM IMPERVIOUS SURFACE OF 30% 4. CONSOLIDATE THE TWO SUBJECT LOTS INTO 1 LOT. 5. PROVISION OF ESCROW TO GUARANTEE THE IMPROVEMENTS OUTLINED ABOVE. AMOUNT TO BE DETERMINED BY STAFF ONCE A LANDSCAPING AND STORM WATER MANAGEMENT PLAN IS APPROVED. MOTION CARRIED 5-0. 5. Other Business -None 6. Adj_ourtuizent There being no further business, MOVED BY COMMISSIONER LEMKE TO APPROVE ADJOURN THE MEETING. The meeting of the Elk River Board of Adjustments adjourned at 6:43 p.m. Minutes prepay d by Debbie Huebner. __,,+ Tina Allard, Ciry Clerk Kevu1 Scott, Board of Adjustments Chair