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MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS <br />HELD AT ELK RIVER CITY HALL <br />TUESDAY, MAY 12, 2009 <br />Members Present: Chair Scott, Commissioners Anderson, Ives, Lemke, Staul and Westberg <br />Members Absent: None <br />Staff Present: Planning Manager Jeremy Barnhart, Planner Chris Leeseberg, Recording <br />Secretary Jessica Miller <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 Scott. <br />2. Consider May 12, 2009 Board of Adjustments Agenda <br />MOVED BY COMMISSIONER LEMKE AND SECONDED BY <br />COMMISSIONER STAUL TO APPROVE THE MAY 12, 2009 BOARD OF <br />ADJUSTMENTS AGENDA. MOTION CARRIED 6-0. <br />3. Consider February 10, 2009 Board of Adjustments Minutes <br />MOVED BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER <br />LEMKE TO APPROVE THE FEBRUARY 10, 2009, BOARD OF ADJUSTMENTS <br />MINUTES. MOTION CARRIED 6-0. <br />4. Request by Timothy Yaeger for Variance from shoreland Setback Regulations, Case No. V <br />09-02 -Public Hearin <br />Mr. Barnhart presented the staff report. <br />Chair Scott opened the public hearing. <br />Timothy Yaeger, 18696 Queen Circle NW, applicant -stated his request. <br />Steve Rohlf, 12821 188 Avenue NW -indicated that in his experience no variance ever <br />meets all of the criteria for approval. He was in support of the variance. <br />There being no one else to speak to this issue, Chair Scott closed the public hearing. <br />Commissioner Ives questioned is Mr. Yaeger's neighbors have decks. Mr. Yaeger stated that <br />many of the neighbors north along the river have decks. <br />Commissioner Staul questioned if the other decks encroach into the shoreland. Mr. Barnhart <br />explained that there is no record of variance requests on these properties so it is assumed <br />they do not. He stated that staff notes that a precedent that has been established with <br />previous shoreland variances. <br />