08-28-2001 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes August 28,2001 Page 2 • Commissioner Mesich asked who administers the Shoreland Ordinance. Ms.McPherson stated that the City of Elk River,by adopting the ordinance,takes on the responsibility of administering it. The DNR generally respects the City's interpretation of the ordinance and does not override their decision. Commissioner Franz asked if the home could be placed further back in order to be in compliance. Ms.McPherson stated that the house could be set back or,placed on the open space suggested by staff. Chair Pederson opened the public hearing. Shirley Hansen,applicant,stated that they plan to use the open space for a family hobby farm operation, and they did not want to construct their home in this location. She explained that if the house were constructed at the 30 foot setback,they would need to clear- cut a large number of trees, since space is needed for a large crane to setup the modular home. She felt their plan would cause the least amount of damage to the environment. Mrs. Hansen also explained that there is a foot trail down to the river and that the soil is mostly sugar sand and has never eroded. She added that there will be a 23 foot wide buffer of large trees left below the home on the bluff line to the river. Mrs.Hansen explained the health issues she and Mr.Hansen are dealing with which require that they build the type of house they are proposing. Mrs.Hansen read a portion of the Americans with Disabilities Act,stating that she felt their request meets ADA regulations. • There being no further public comment, Chair Pederson closed the public hearing. City Attorney,Charlie Wilson,explained that the Americans with Disabilities Act generally applies to public spaces and employment,not to residential homes. He stated that the Act was designed to prevent adverse impacts on the disabled. Commissioner Mesich expressed support the variance request,citing reasons including the necessity of this type of home for healthy living,minimal impacts on the property,and the need for a basement in Minnesota for safety reasons. He stated that a maintained yard on the bluff will help prevent erosion. Commissioner Baker opposed the variance,stating that given the health concerns of the applicants,they likely would not be able to access a basement in the future anyway. Commissioner Franz asked if the existing home was nonconforming. Ms.McPherson stated that it was. Commissioner Franz stated that he did not feel the request would cause a problem and supported the variance. Commissioner Pederson did not feel the condition of hardship could be met,since there are other possible locations for the home on the property. He did not feel that the applicants need for sunlight would be met by building the home in the trees. He did not feel the applicants would be deprived of rights enjoyed by others. Commissioner Mesich stated that it appears from the aerial photo that there are other homes • in the area which are closer than 30 feet to the shoreland. He asked City Engineer Terry Maurer if he would be able to estimate the distance of the other homes.Mr.Maurer stated that he could not make that determination from the aerial photo presented.