10-27-1998 BA MIN - Laserfiche WebLink

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DRAFT • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 27, 1998 N Members Present: Chair Mesich, Commissioners Chambers, Cote, Kuester, Morris, and Thompson. Commissioner Schuster arrived at 6:35 p.m. Members Absent: None Staff Present: Scott Harlicker, Assistant Planner; Steve Wensman, Planner; Debbie Huebner, Recording Secretary 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Board of Adjustments was called to order at 6:30 p.m. by Chair Mesich. 2. Consider 10/27/98 Board of Adjustments Agenda • COMMISSIONER COTE MOVED TO APPROVE THE OCTOBER 27, 1998, BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 2. Consider 9/29/98 Board of Adjustments Minutes COMMISSIONER THOMPSON TO APPROVE THE SEPTEMBER 29, 1998, BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 5-0-1. CHAIR MESICH ABSTAINED. 4.1. Request by Rich and Tammi Schmidt for Side Yard Setback Variance, Public Hearing Case No. V 98-12 Staff report by Steve Wensman. Rich and Tammi Schmidt, 11265 192nd Avenue have requested a 5 ft. side yard setback variance from the 10 ft. required setback in order to construct a deck 12 ft. deep by 29' wide. Since the home is located 17'4" from the property line, the ordinance only allows them to construct a 7 ft. deep deck. Steve noted that the side yard setback in Deerfield 3rd Addition was changed in 1996 from 5 ft. to 10 ft. , before the applicant purchased the home. Steve reviewed the findings for granting a variance and explained why four of the five criteria cannot be met. Staff recommended denial of the variance request. Chair Mesich opened the public hearing. Rich Schmidt, applicant, asked if the deck were not attached to the house, could he build it 1 ft. high off the ground with a 5 ft. setback. Steve indicated that the