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Elk River City Council Meeting Page 7 <br />August 18, 1997 <br /> <br />COUNCILMEMBER HOLMGREN MOVED TO APPROVE A CONDITIONAL USE PERMIT <br />FOR MINERAL EXCAVATION FOR THE TILLER CORPORATION CONTINGENT UPON THE <br />CONDITIONS STATED IN THE CONDTIONAL USE PERMIT. COUNCILMEMBER FARBER <br />SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> <br />6.2. <br /> <br />Request by Charles & Natalie Johnson for Variance, Public Hearin.cl Case No. V <br />97-5 <br /> <br />Planning Assistant Scott Harlicker indicated that Charles & Natalie Johnson of <br />14146 182nd Avenue, located in the Pinewood Subdivision, have requested a <br />variance to allow a 25 foot high net along their side property line. He indicated <br />that they're concerned regarding their safety because of the numerous golf balls <br />that are hit into their yard on a daily basis. Scott Harlicker indicated that the net <br />is considered a fence under the zoning ordinance and required a variance due <br />to the height. He stated the Board of Adjustments voted to deny the variance <br />request, based on the fact that they did not feel that the applicant met the <br />following criteria: <br /> <br />The hardship is caused by special conditions and circumstances which <br />are peculiar to the property and the structure involved and which are not <br />characteristic of, or applicable to, other lands or structure in the same <br />area. <br />The literal application of the provisions of this ordinance would deprive the <br />petitioner of rights enjoyed by other properties in the same district under <br />the terms of this ordinance. <br />The special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction. <br /> <br />Mayor Duitsman opened the public hearing. <br /> <br />Judy Thompson, 14122 182.d Avenue, indicated that she supports the request for <br />a variance. She indicated that the main concern has to do with the safety issue. <br /> <br />Ron Stricker, 14176 182.d Avenue, indicated that he lives next door to the <br />Johnson's and stated that he had no objection to the net. <br /> <br />Charlie Boerger, 14209 182n~ Avenue, indicated that he supports the request. He <br />further indicated that he has nets on two of his decks as his house frequently gets <br />hit by golf balls.. <br /> <br />Charles Johnson, the applicant, indicated that the main request for the net is <br />because of the safety issue. <br /> <br />There being no other comments, Mayor Duitsman closed the public hearing. <br /> <br />COUNCILMEMBER THOMPSON MOVED TO GRANT THE VARIANCE REQUESTED BY <br />CHARLES AND NATALIE JOHNSON TO CONSTRUCT A 25 FOOT HIGH NET ALONG <br />THEIR SIDE PROPERTY LINE WITH THE CONDITION THAT THE NET BE REMOVED DURING <br />THE WINTER OR WHEN THE GOLF COURSE IS NOT IN OPERATION, AND FURTHER, THAT <br />THE VARIANCE IS BEING GRANTED BASED ON THE FOLLOWING FINDINGS: <br /> <br />LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN <br />THAT BY NOT ALLOWING THE 25 FOOT HIGH NET THE APPLICANT WILL <br /> <br /> <br />