08-26-1997 BA MIN - Laserfiche WebLink

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Board of Adjustments Meeting Minutes August 26, 1997 Page 2 4,2. Neil Buelowi Reauest for Setback Variance, Public Hearing Case No. V 97-7 Staff report by Scott Harlicker. Neil Buelow is requesting a 6 foot variance to the 100 foot setback requirement for the Mississippi River in order to construct a 3- season porch. The property is located at 9988 153rd Avenue. Staff recommends approval based on the findings in the staff report. Neil Buelow, applicant, indicated the proposed 3-season porch would be less obtrusive to the neighboring residences than the suggested alternative. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER COTE MOVED APPROVAL OF THE VARIANCE REQUEST BY NEIL BUELOW, PUBLIC HEARING CASE NO. V 97-7, WITH THE FOLLOWING CONDITION: 1. THAT THE APPLICANT HOLD THE CITY HARMLESS IF THE PROPERTY IS FLOODED AS RESULT OF THE ENCROACHMENT. APPROVAL IS BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY HARDSHIP BY NOT ALLOWING THE APPLICANTS TO CONSTRUCT A PORCH IN A REASONABLE LOCATION ON THE PARCEL. • 2. SPECIAL CONDITIONS SUCH AS SIZE AND SHAPE OF THE LOT AND ORIENTATION OF THE RIVER ARE PECULIAR TO THIS PARTICULAR LOT. 3. LITERAL APPLICATION OF THIS ORDINANCE WOULD DEPRIVE THE APPLICANTS OF RIGHTS ENJOYED BY NEIGHBORING PROPERTY OWNERS,MANY OF WHOM CURRENTLY OWN STRUCTURES SET BACK A SIMILAR DISTANCE, AND IN SOME CASES CLOSER TO THE ORDINARY HIGH WATERMARK THAN THE APPLICANTS' EXISTING HOME. 4. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONERS' ACTION BUT DUE TO THE CONSTRUCTION OF THE HOME BY PREVIOUS OWNERS. 5. GRANTING OF THIS VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED,AS OTHER HOMES IN THE AREA ARE SET BACK A SIMILAR DISTANCE FROM THE RIVER. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4.3. Mark and Penny Leadens Reauest for Variance, Public Hearing Case No.,V,97-8 Staff report by Scott Harlicker. Mark and Penny Leadens have requested a 10 foot variance to the required 30 foot front yard setback. The subject property is located at 1918 Vale Avenue; Lot 4, Block 1, Meadowvale Oaks. The applicants 110 would like to build a garage addition and convert the existing garage to living space. The proposed garage addition would encroach 10 feet into the 30 foot