07-25-1989 PC MIN - Laserfiche WebLink

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. . . Page 8 Planning Commission Mintues 7/25/89 1. THAT THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE, UNNECESSARY, UNAVOIDABLE HARDSHIP IN CASE OF THE UTILITIES AS THEY COULD NOT PUT UP A COMPARABLE BUILDING AS TO WHAT THEY HAVE AT A REASONABLE EXPENSE. 2. THAT THIS WOULD CAUSE A HARDSHIP BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE LAND AND STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF OR APPLICABLE TO OTHER LANDS OR STRUCTURES IN THE SAME DISTRICT FOR AN EXISTING BUILDING FOR THE SAFETY OF THE CITIZENS IN ELK RIVER WHICH CONTAIN THE TRANSFORMERS AND PCB'S 3. THAT THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OR THE NEIGHBORHOOD OR THE PROPERTY SINCE THERE IS ALREADY AN EXISTING METAL SKINNED STRUCTURE ON THE LOT. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 2-3. The motion was defeated 2-3. Commissioner Kimball, Johnson and Schroeder disagree~; with the findings of fact as they did not consider this a hardship. 6. Variance Request by Bill Klemz/P.H. Steve Rohlf, Building and Zoning Administrator, indicated that Mr. & Mrs. William Klemz are requesting a variance for a 32 ft. encroachment on the 75 ft. setback required from Lake Orono to accommodate an addition to his house located at 12897 Orono Road. Chairman Kimball opened the public hearing. There being no one for or against the matter, Chairman Kimball closed the public hearing. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE VARIANCE REQUEST FOR A 32 FT. ENCROACHMENT ON THE 75 FT. SETBACK TO ACCOMMODATE AN ADDITION REQUESTED BY MR. & MRS. WILLIAM KLEMZ OF 12897 ORONO ROAD BASED UPON THE FACT THAT THE KLEMZ MET THE FIVE STANDARDS AS OUTLINED IN STAFF'S MEMO. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Past Approvals by Gary Santwire Steve Rohlf, Building and Zoning Administrator, updated the Commission on this issue as outlined in his memo dated July 25, 1989. Mr. Santwire explained the changes on the site plans from what was originally approved by the Planning Commission. Mr. Santwire indicated that the former Building Inspector authorized these changes. COMMISSIONER FUCHS MOVED TO APPROVE THE SITE PLAN AS SHOWN ON THE 10/22/87 DRAWING REQUESTED BY GARY SANTWIRE FOR PARCEL VI BARRINGTON PLACE PUD WITH THE FOLLOWING STIPULATIONS: 1. THAT EIGHT MORE TREES ARE TO BE PLANTED IN A 10 FOOT QUEN IilPAel: ALONG THE EASTERN EDGE OF THE PROPERTY BY THE SPRING OF 1990.