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10-13-2009 BOA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 13, 2009 Members Present: Chair Scott, Commissioner, Bell, Johnson, Lemke and Westberg Commissioner Ives arrived at 6:34 p.m. Member; Absent: Commissioner Anderson Staff Present: Plann'ng Manager Jeremy Barnhart; Rebecca Haug, Environmental Administrator; and 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 Scott. 2. Consider October 13, 2009 Board of Adjustments Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE OCTOBER 13, 2009 BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 5-0. 3. Consider September 15, 2009 Board of Adjustments Minutes MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE SEPTEMBER 15, 2009, BOARD OF ADJUSTMENTS MINUTES. MOTION CARRIED 5-0. 4. Request byRoben and Linda Moore for a Shoreland Setback Variance, Case No. V 090-06 - Public Hearin The staff repon was presented byJeremyBarnhart. He stated that the applicant wishes to replace his existing garage due to its deteriorating condition, and replace it with a new three- car garage. He reviewed the five criteria for granting a variance and staff's findings for suppon of the request. Commissioner Ives arrived at this time (6:34 p.m) Chair Scott opened the public hearing. Robert Moore, 18692 Yankton Street, applicant - stated theywould lose approximately 12 feet of garden area, a cedar tree and several flower beds, but he felt that the plan recommended by staff was workable. There being no one else to speak to this issue, Chair Scott closed the public hearing. Commissioners Lemke and Bell noted they had no issues with the request. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO MOVE APPROVAL OF THE REQUEST BY Board of Adjustments Minutes October 13, 2009 Page 2 ROBERT AND LINDA MOORE FOR A SHORELAND SETBACK VARIANCE OF 48.1 FEET TO ALLOW CONSTRUCTION OF A NEW GARAGE WITH THE FOLLOWING CONDITION: 1. EROSION CONTROL MEASURES SHALL BE INSPECTED BY STAFF PRIOR TO CONSTRUCTION. MOTION CARRIED 6-0. 6. 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 6:38 p.m. Minutes prepared byDebbie Huebner. ~i /- Tina Allard, City Clerk !~~-- Board of Adjustments Chair