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<br />Planning Commission Minutes <br />October 25, 1994 <br /> <br />/:/ "'it!.. <br /> <br />Page 2 <br /> <br />. <br /> <br />condition that the garage be located a minimum of twenty-five (25) feet from <br />the ordinary high water mark. <br /> <br />Chairman Tveite opened the public hearing. <br /> <br />Chairman Tveite noted that a letter was received from a neighbor, Francis Vassar, <br />stating that she is in favor of the garage, but had a concern that her view of the <br />lake would be obstructed by a garage in the proposed location. <br /> <br />There being no comments from the public, Chairman Tveite closed the public <br />hearing. <br /> <br />Commissioner Minton questioned whether or not the fifty (50) foot shoreline <br />setback requirement was in force when Mr. Marohn purchased the property. <br />Gary Schmitz stated that the shoreland rules were established in the mid to late <br />70's. He stated that Mr. Marohn's home was likely built before that time. <br /> <br />Planning Commission discussion included: changing the location of the proposed <br />garage to accommodate the twenty-five (25) foot setback, and the affect on <br />existing trees on the property. <br /> <br />. <br /> <br />COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY <br />HARLEY MAROHN, PUBLIC HEARING, CASE NO. V 94-12, FOR A TWENTY-FIVE (25) <br />FOOT VARIANCE FROM THE SHORELAND SETBACK REQUIREMENT FROM THE <br />ORDINARY HIGH WATER MARK TO CONSTRUCT A TWENTY-SIX (26) FOOT BY THIRTY <br />(30) FOOT GARAGE, CITING STAFF'S MEMO AS FINDINGS OF FACT, AND THE DNR'S <br />VERBAL RECOMMENDATION FOR APPROVAL. APPROVAL IS RECOMMENDED FOR <br />THE FOLLOWING REASONS: <br /> <br />1. LITERAL ENFORCEMENT OF THE CODE CREATES AN UNDUE HARDSHIP ON THE <br />PROPERTY OWNER BY PREVENTING THE CONSTRUCTION OF THE GARAGE. <br /> <br />2. THE HARDSHIP IS CAUSED BY THE UNIQUE SHAPE OF THE LOT. <br /> <br />3. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE PROPERTY <br />OWNER OF THE ABILITY TO CONSTRUCT A GARAGE. OTHER PROPERTY <br />OWNERS IN THE IMMEDIATE AREA ENJOY SIMILAR ABILITY TO OWN A <br />GARAGE. <br /> <br />4. THE APPLICANT IS NOT RESPONSIBLE FOR THE UNIQUE SHAPE OF THE LOT. <br /> <br />5. THE CONSTRUCTION OF THE GARAGE WOULD NOT AFFECT THE HEALTH, <br />SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER. <br /> <br />COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> <br />........"""..........."................................................."""........,-..........-.---.-.----...................."..........."'......."...... <br />.,5.:2........ .. Q()l1sjder...a....Zone...t:h(JHge....R~gl.l~$f....6y....fH~....Qity.of.elKRiver..for...$qHdQiper..Esfafes. <br />bHdSdhdbioeHEsfdfes2HdAaamBH'Fh..JbliCHeddHQ,GaseNb..itG94--12...... ...... ... .. <br /> <br />. <br /> <br />Staff report by Gary Schmitz. The City of Elk River is requesting to rezone <br />Sandpiper Estates and Sandpiper Estates 2nd Addition from R 1 c (Single Family <br />Residential) to R 1 b (Single Family Residential). The rezoning is a result of City <br />Council adoption of Resolution 94-91 on September 19,1994, which amended the <br />