05-17-1982 CC MIN - Laserfiche WebLink

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City Council Minutes May 17, 1982 Page Five indicated that he disagreed with the figures presented on the petition and further indicated that no one from the east side of Irving Avenue signed the petition. General discussion was carried regarding the people that signed the petition and where they were located. The City Administrator suggested that the City Council schedule a public meeting with residents in the area so as to explain the construc- tion and any disadvantages or advantages of the project. Councilman Duitsman indi- cated that he felt a public hearing would be of benefit to the City Council and the residents regarding the project. COUNCILMAN DUITSMAN MOVED TO APPROVE A PUBLIC HEARING TO BE SCHEDULED FOR THE JUNE 21ST CITY COUNCIL MEETING, REGARDING THE CONSTRUCTION OF THE SIDEWALK ON IRVING AVENUE. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilman Toth further indicated that people other than those living on Irving Avenue would use the sidewalk, for example, people from the Walker Addition and the Roper Addition, and therefore, should also be notified of the public hearing. 8. Anderson Variance Request ~ Public Hearing The City Administrator indicated that Mr. and Mrs. Leslie Anderson of 208 Lowell Street, have requested a setback variance from the Mississippi River ordinary high water mark for the purpose of constructing an addition to their garage. The City Administrator further indicated that the current setback standard for the Mississippi River is 75 feet, imposed upon the City by the Municipal Shoreland Management Act, and therefore, a variance is required because the proposed addition to the garage would fall in line with the current building which has a current setback of 12 feet. Mr. Martin Tracy, Chairman of the Planning Commission, indicated that the Planning Commission was not opposed to the variance request, but the five findings necessary for the City Council to grant a variance did provide some difficulty for the Planning Commission's decision. Mr. Tracy indicated that number 1 of the five findings re- garding the cause of an undue hardship was difficult for the Planning Commission to deal with. Mr. Tracy further indicated that the Municipal Shoreland Management Act is the ordinance that creates the setback standards which, therefore, creates the problem of an addition to the current building. Mayor Hinkle indicated that the Department of Natural Resources imposed the regulations of which the City was required to adopt. Mayor Hinkle opened the public hearing. Mr. Les Anderson indicated to the City Council that he is requesting the variance to put an addition onto their existing garage. Mr. Anderson indicated that the addition would be no closer to the river than the current building and that all setbacks are within the requirements of the City ordinances. Mr. Anderson indicated that he felt the denial would create a hardship to him as.he could not utilize the property. Mr. Anderson further indicated that the Department of Natural Resources has indicated that they do not feel the addition would cause a problem regarding the Municipal Shoreland Management Act. The City Administrator indicated that the Department of Natural Resources does not have jurisdiction in the City of Elk River and that the City Council has to review the variance request through the City of Elk River's variance procedures, which in- volves the five findings the City Council must make in order to grant a variance.