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MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS <br />HELD AT ELK RIVER CITY HALL <br />TUESDAY, JANUARY 9, 2007 <br />Members Present: Chair Lemmke, Commissioners Anderson, Offerman, Ropp, Scott, Stevens <br />and Westgaard <br />Members Absent: None <br />Staff Present: Jeremy Barnhart, Planning Manager; Sheila Cartney, Sexuor Planner; Chris <br />Leeseberg, Planner; Terry Maurer, City Engineer; Debbie Huebner, <br />Recording Secretary <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 Lemke. <br />2. Consider 1/9/07 Board of Adjustments Agenda <br />MOVED BY COMMISSIONER SCOTT AND SECONDED BY <br />COMMISSIONER STEVENSTO APPROVE THE JANUARY 9, 2007 BOARD OF <br />ADJUSTMENTS AGENDA. MOTION CARRIED 7-0. <br />3. Consider 12/12/06 Board of Adjustments Minutes <br />The December 12, 2006 Board of Adjustments minutes will be considered at the February <br />13, 2007 Board of Adjustments meeting. <br />Consider Variance Request by John Weicht and Associates LLP (Deano's/Precision Frame) <br />Public Hearing -Case No. V 07-01 <br />Planner Chris Leeseberg presented the request by John Weicht and Associates for a variance <br />to allow a building addition to be within the 40-foot rear yard setback (a 20-foot variance). <br />He provided information regarding the location of the property, reason for the request, and <br />reviewed the five criteria to be considered in granting a variance. He stated that staff is <br />recommending approval of the variance, although Item # 4 cannot be met, since the request <br />is consistent with the intent of the district. <br />Chair Lemke opened the public hearing. There being no public comment, Chair Lemke <br />closed the public hearing. <br />MOTION BY COMMIISSIONER STEVENS AND SECONDED BY <br />COMMISSIONER WESTGAARD TO APPROVE THE VARIANCE REQUEST <br />BY JOHN WEIGHT AND ASSOCIATES, LLC, CASE NO. V 07-O1, BASED ON <br />THE FOLLOWING FINDINGS: <br />1. ALTHOUGH AN ADDITION OF APPROXIMATELY 18-FEET WOULD <br />MEET THE ZONING REQUIREMENTS, LITERAL ENFORCEMENT <br />WOULD NOT ALLOW THE APPLICANT TO CONSTRUCT A <br />STRUCTURE ON THE NORTH SIDE OF THE EXISTING BUILDING TO <br />AN APPROPRIATE SIZE NEEDED TO SUSTAIN THEIR BUSINESS. <br />