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MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS <br />HELD AT THE ELK RIVER CITY HALL <br />TUESDAY, SEPTEMBER 11, 2007 <br />Members Present: Chair Stevens, Commissioners Austad, Lemke, Scott, Staul and Westgaard <br />Commissioner Anderson arrived at 6:32 p.m. <br />Members Absent: None <br />Staff Present: Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Street <br />Superintendent Phil Hals; Recording Secretary Debbie Huebner <br />1. Call Meeting To Order <br />Pursuant to due call and notice thereof, the meeting of the Elk River Board of Adjustments <br />was called to order at 6:30 p.m. by Chair Stevens. <br />2. Consider September 11.2007 Board of Adjustments Agenda <br />MOVED BY COMMISSIONER LEMKE AND SECONDED BY <br />COMMISSIONER AUSTAD TO APPROVE THE SEPTEMBER 11, 2007, <br />PLANNING COMMISSION AGENDA AS PRESENTED. MOTION CARRIED <br />6-0. <br />3.1. Consider August 14, 2007 Board of Adjustments Minutes <br />MOTION BY COMMISSIONER LEMKE AND SECONDED BY <br />COMMISSIONER STAUL TO APPROVE THE AUGUST 14, 2007 BOARD OF <br />ADJUSTMENTS MINUTES. MOTION CARRIED 6-0. <br />4. Request by Dwight and Jane Kirkeidi to Expand aNon-Conforming Use. Case No. V 07-07 <br />- Public Hearin <br />Ms. Cartney explained that the home on the subject property was built in 1983 and is <br />presumed it was a permitted use at that time. The property was later rezoned to C-3, <br />Highway Commercial. She noted that the property currently does not have a garage. The <br />applicant proposed to construct a 1,792-square foot garage with a 495-foot gazebo attached. <br />Staff recommends approval of the request with the three conditions listed in the staff report <br />dated September 11, 2007. <br />Chair Stevens opened the public hearing. There being no public comment, Chair Stevens <br />closed the public hearing. <br />Commissioner Anderson questioned why the request would also be heard by the City <br />Council, whether or not the Board of Adjustments approved the request. Mr. Barnhart <br />explained that request is not a variance, and since there is no history of this type of request, <br />the City Attorney has advised that the City Council also act on the request. <br />MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY <br />COMMISSIONER ANDERSON TO MOVE APPROVAL OF THE REQUEST BY <br />