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MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS <br />HELD AT ELK RIVER CITY HALL <br />TUESDAY, DECEMBER I i, 2007 <br />Members Present: Chair Stevens, Commissioners Austad, Lemke, Scott, Staul and Westgaard <br />Members Absent: Coinnussioner Anderson <br />Staff Present: Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Park <br />Planner/Planner Chris Leeseberg, 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 Board of Adjustments Agenda <br />MOVED BY COMMISSIONER SCOTT AND SECONDED BY <br />COMMISSIONER WESTGAARD TO APPROVE THE DECEMBER 11, 2007 <br />BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED -0. <br />3. Consider October 9, 2007 Board of Adjustments Minutes <br />MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY <br />COMMISSIONER AUSTAD TO APPROVE THE OCTOBER 9, 2007, BOARD OF <br />ADJUSTMENTS MINUTES. MOTION CARRIED 6-0. <br />4. Request by Loucks Associates for Setback Variance for Sonic Restaurant, Public Hearing - <br />Case No. V 07-09 <br />Ms. Cartney presented the staff report. The applicant proposes a Sonic restaurant on the <br />former Burger Time site on Main Street and Carson Street. She provided a brief overview of <br />the project. Ms. Cartney noted that alive-foot setback variance is being requested for the <br />drive aisle on the west side of the proposed building, which is consistent with what was in <br />place for the former Burger Time. She stated that staff feels the criteria has been met for <br />granting a variance and recommends approval. <br />Chair Stevens opened the public hearing. There being no public comment, Chair Stevens <br />closed the public hearing. <br />Commissioner Westgaard stated he had no issues with the request. Chair Stevens concurred. <br />MOTION BY COMMISSIONER LEMKE AND SECONDED BY <br />COMMISSIONER STAUL TO APPROVE THE REQUEST BY LOUCKS <br />ASSOCIATES FOR AFIVE-FOOT SETBACK VARIANCE FROM THE DRIVE <br />AISLE, CASE NO. V 07-09, BASED ON THE FOLLOWING FINDINGS: <br />1. THE SITE AFTER PLATTING THE RIGHT OF WAY FOR MAIN STREET <br />WILL BE .87 ACRES, WHICH IS A SMALLER THAN THE SITE BURGER <br />TIME DEVELOPED ON DUE TO PLATTING, AND SMALLER THAN <br />