05-24-2005 BA MIN - Laserfiche WebLink

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. MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, MAY 24, 2005 Members Present: Chair Anderson,Commissioners Offerman,Ropp,Scott,Stevens and Westgaard Members Absent: Lemke Staff Present: Michele McPherson,Director of Planning: Scott Harlicker,Senior 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 Anderson. 2. Consider 5/24/05 Board of Adjustments Agenda MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER SCOTT TO APPROVE THE MAY 24,2005 BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 6-0. 3. Consider Request by Michael Sizen for 3-Foot Sideyard Setback Variance Senior Planner Scott Harlicker stated that Michael Sizen has requested a 3-foot variance to construct an 8-foot wide deck at 12526 194th Lane. Mr. Harlicker provided information regarding the location and zoning of the property, staff's suggestion for an alternative placement of the deck (Option A), and photographs of the existing conditions. Mr. Harlicker reviewed the five conditions which must be met in order to grant a variance. Staff recommends denial of the variance based on the fact that Condition #3 cannot be met. Commissioner Westgaard asked for clarification on the existing side yard setback where Mr. Sizen is proposing to construct the deck. Ms.McPherson stated that the setback varies from 4.9 feet to 5.5 feet along the length of the house, since the property line is skewed. Commissioner Westgaard asked the applicant, Mr. Sizen, if the photograph shows a gas fireplace vent in the location of the Option A placement for the deck. Mr. Sizen stated yes. Commissioner Westgaard asked if the Building Code would allow construction over a gas fireplace vent. Mr. Harlicker stated that staff would need to check with the Building Department on that question. Commissioner Westgaard asked why the applicant was not aware of the setback issue, since a proposed deck is shown on the survey. Ms. McPherson stated that the deck location was added to the survey for this application and was not part of the original survey when the home was built. Commissioner Stevens asked if Mr. Sizen was the original owner of the home. Mr. Sizen stated yes. Commissioner Stevens asked if the setbacks have changed since the home was • built. Mr.Harlicker stated no.