08-19-1996 CC MIN - Laserfiche WebLink

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Elk River City Council Meeting August 19, 1996 Page 8 o THE EAST PROPERTY LINE OF PARCEL B BE SHIFTED TO THE EAST SO THAT THERE IS A 25 FOOT SETBACK BETWEEN THE METAL BUILDING AND THE EAST PROPERTY LINE. o THE SURVEY SHOWS THE LOCATION OF THE HOUSE AND OTHER BUILDINGS LOCATED ON PARCEL A. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Scheel indicated that she was in favor of the administrative subdivision, however, wanted it on record that she was opposed to requiring the applicant to pay the surface water management fee. 8.6. Jerry Kunza Request for Variance, Public Hearin.q Case No. V 96-8 Zoning Assistant Kendra Lindahl indicated that Jerry Kunza is requesting a variance to encroach on both the front and side yard setback requirements as well as a 20 square foot variance to the maximum allowable accessory structure area on his property located at 10213 Twin Lakes Road. Kendra Lindahl indicated that the applicant is proposing to build a 1620 square foot storage building on the property. She indicated that with the addition of two existing structures, the applicant will have 2520 square feet of accessory structure area, exceeding the allowable amount by 20 square feet. Kendra Lindahl reviewed the staff report on the request for 10 foot front yard setback and 10 foot side yard setback. She indicated that staff and Planning Commission recommend approval of the front and side yard setbacks, however recommend denial of the variance to exceed the maximum accessory structure area. Mayor Duitsman opened the public hearing. Jerry Kunza informed the Council that the surrounding property owners are not in opposition of the request to exceed the accessory structure by 20 square feet. Louise Kuester, planning commission representative, indicated that the Planning Commission recommended that the variance to the accessory structure not be granted due to the fact that there was no hardship. = There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Farber indicated that the city should allow the variance due to the minimal size of the variance. Councilmember Scheel concurred. COUNCILMEMBER FARBER MOVED TO RECOMMEND APPROVAL OF THE VARIANCE REQUEST TO ALLOW A TEN FOOT FRONT YARD AND 10 FOOT SIDE YARD SETBACK AND A VARIANCE REQUEST TO EXCEED THE MAXIMUM ACCESSORY STRUCTURE AREA BY 20 SQUARE FEET BASED ON THE FOLLOWING FINDINGS AND CONDITIONS: THE LITERAL ENFORCEMENT OF THE ORDINANCE SETBACK REQUIREMENTS WOULD CAUSE UNDUE HARDSHIP BECAUSE THE APPLICANT WOULD NOT BE ABLE TO MEET SETBACKS FOR THE POLE BUILDING WITHOUT ADDING A SIGNIFICANT AMOUNT OF FILL OR CUTrlNG DOWN MATURE OAK TREES.