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• MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 26, 2002 Members Present: Chair Pederson,Commissioners Anderson,Franz,Jenson,Lemke, Offerman and Ropp Members Absent: None Staff Present: Peter Beck,City Attorney;Scott Harlicker,Senior Planner;Chris Leeseberg, Planner;Debbie Huebner,Recording Secretary 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 Pederson. 2. Consider 11/26/02 Board of Adjustments Agenda COMMISSIONER FRANZ MOVED TO APPROVE THE NOVEMBER 26,2002 BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. • 3. Consider 10/22/02 Board of Adjustments Minutes COMMISSIONER JENSON TO APPROVE THE OCTOBER 22,2002 BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Request by Pat and Lou Peril for Variance,Public Hearing—Case No.V 02-08 Staff report by Chris Leeseberg.Lou and Pat Peril request a variance to allow construction of a detached garage within the 35 foot front yard setback at 19796 Lowell Street. Mr. Leeseberg noted that the house is located on a corner lot and must meet 2 front yard setback requirements. He reviewed the site conditions and provided photographs. He then reviewed the five findings which must be met in order to grant a variance. Staff recommends approval of the variance. Commissioner Franz asked how staff determines whether a variance poses a safety issue is this instance. Mr.Harlicker stated that there is 45 feet from the proposed structure to the edge of the street pavement. Commissioner Anderson asked how long the resident has lived at this location. Mr. Leeseberg stated that the Peril's have lived there two years. Commissioner Ropp asked if a variance would still be required with staff's alternative suggestion. Mr.Leeseberg explained that a variance would still be required on one side. • Commissioner Ropp asked if staff there was a safety issue with either option. Mr.Leeseberg stated no.