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Planning Commission Minutes April 26, 1982 Page Eleven Commissioner Gunkel asked whether the foyer was just going to be used for seating or an entr~vay, and were there classrooms downstairs. Mr. Sundberg indicated it was an entryway to be used as fellowship, but it could be used for seating, possibly doubling the size. He further indicated that there were classrooms downstairs of the Church at the present time. Chairman Tracy asked if the Church knew about the standards that were to be en- forced in order for a variance to be granted. The question in point was would this cause a hardship and also who was creating this hardship. Mr. Sundberg indicated that the Church knew about the standards. He felt that the people of the Church were creating the hardship, stating that the Church is full. Commissioner Pearce felt that it would be difficult to approve this variance re- quest because it has to cause an undue hardship. Also, this does not have an im- pact on the City. Discussion followed regarding the hardship being caused by something the Church is doing. Setbacks were also discussed. MOTION BY COMMISSIONER PEARCE TO DENY THE VARIANCE REQUEST BY THE ELK RIVER BAPTIST CHURCH BECAUSE THE CHURCH COULD NOT MEET ALL THE STANDARDS SET FORTH FOR A VARIANCE TO BE GRANTED. SECONDED BY COMMISSIONER GUNKEL. MOTION PASSED 5-0. 7. Consider Variance Request by Mr. and Mrs. Leslie Anderson Mr. Les Anderson, 208 Lowell, presented his request for a variance to the Planning Commission. Mr. Anderson wishes to build to the east side of the building a 12 x 14 foot double garage, used to store antique cars. Mrs. Elaine Anderson stated that they live on the Mississippi River and their home is nonconforming because of the Wild and Scenic River Act. She indicated that they were not encroaching on anybody elses property. They are within the proper setbacks of the City's ordinance. Rick Breezee explained his discussion with the DNR in St. Cloud. He was first given the \ITong information regarding the requirement of the DNR in relation to the Andersons. After getting the correct information, he indicated the DNR would have no problem if the addition was parallel to the river, or going further away from the river. Because this addtion would encroach within the 75 foot setback requirement of the DNR, the City has to approach the problem through their variance procedure. Discussion followed regarding whether this was a hardship or not. The rest of the standards can be met. Also, comments regarding various ideas and thoughts regarding the do\vutown area and what granting this request could mean to the downtown area. COMMISSIONER FREDERICKSEN MOVED TO APPROVE THIS REQUEST FOR A VARIANCE BY MR. AND MRS. LESLIE ANDERSON. CO~illISSIONER KREUSER SECONDED THE MOTION. THE MOTION PASSED 3-2. CHAIRMAN TRACY AND COMMISSIONER GUNKEL VOTED NO, COMMISSIONER KREUSER, COMMIS- SIONER FREDERICKSEN, AND CO}1MISSIONER PEARCE VOTED YES.