09-22-1987 PC MIN - Laserfiche WebLink

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. . . Page 3 Elk River Planning Commission Minutes September 22, 1987 Commissioner Fuchs concern was whether the building was going to be used for agricultural purposes and not used for storage. Commissioner Fuchs questioned Mr. Bartlow on the use of the building. Mr. Bartlow indicated the building would be used for storage of hay and cattle, as he was a farmer. He further indicated there was a swampy area in the southwest corner of his property. What he refers to as unbui1dab1e hill and leveled it off using the fill to fill in the swamp. He positioned his agricultural building to avoid building where the swamp was or his house. Chairman Wilson was for agricultural uses a free building permit. concerned about the determination of this building and what process staff goes through for granting The Building and Zoning administrator explained that there is no building code on agricultural buildings and how they are constructed, but a building permit is required. Mr. Bartlow applied for a building permit, but started work without it. He indicated that he didn't think the permit was of importance, since it was a free permit. It was because of this mix up that Mr. Bartlow started his building prior to the variance being issued. When staff realized that Mr. Bartlow was encroaching on the 300 ft. setback, his building was immediately red 'tagged. The Building & Zoning Administrator stated that Mr. Bartlow may meet the requirements for a variance due to the physical characteristics of his property. Fifty feet more or less on a 300 ft. setback from an agricultural building to another house would not be worth making Mr. Bartlow move his structure. Chairman Wilson opened the public hearing. Douglas Huberty indicated he owns land pole building and spoke in opposition building would be used for cold storage commercial operation. immediately to the east of the of the request. He felt the and office space and more of a Chairman Wilson closed the public hearing. Chairman Wilson was uncomfortable with the variance and was not sure it met the five standards for a variance.' Commissioner Kropuenske was against this matter from the start as the building was started before building permit was pulled or granted. He further indicated a precedent could be set if this variance was allowed. COMMISSIONER BARRETT RECOMMENDED THE CITY COUNCIL TO DENY THE VARIANCE REQUEST BECAUSE THEY FELT STARTING THE STRUCTURE BEFORE PICKING UP PERMIT MAKES THE NEED FOR THE VARIANCE A CONSEQUENCE OF THE PETITIONER'S OWN ACTIONS. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0.