02-24-2004 BA MIN - Laserfiche WebLink

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MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT LIONS PARK CENTER TUESDAY, FEBRUARY 24, 2004 Members Present: Chair Pederson,Franz,Lemke,Offerman,Ropp and Stevens Commissioner Anderson arrived at 6:30 p.m. Members Absent: None Staff Present: Scott Harlicker,Senior Planner;Chris Leeseberg,Planner;Terry Maurer, City Engineer;Debbie Huebner,Recording Secretary 1. Ca11 Meeting To Order Pursuant to due call and notice thereof,the meeting of the Elk River Board of Adjustments was called to order at 6:28 p.m.by Chair Pederson. 2. Consider 2/24/04 Board of Adjustments Agenda MOVED BY COMMISSIONER FRANZ AND SECONDED BY COMMISSIONER ROPP TO APPROVE THE FEBRUARY 24,2004 BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 6-0. • Commissioner Anderson arrived at this time. 3. Request by Mikhail Epshteyn for Front Yard Setback and Shoreline Setback Variance,Public Hearing—Case No.V 04-01. Senior Planner Scott Harlicker presented the staff report for this request. The applicant requests a variance to the 30-foot front yard setback to allow a setback of 10.5 feet from the right-of-way for 189th Avenue. He also requests a variance to the 50-foot setback from Lake Orono to allow a setback of 39 feet. Mr.Harlicker reviewed the site conditions and reason for the request. He explained that even though the application does not meet the criteria, that the setback is being applied to a street right-of-way that will never be constructed. Mr. Harlicker then reviewed the five conditions that must be met in order to grant a variance.He noted that the Building and Environmental Department recommends granting the variance to the 50-foot shoreline setback. Commissioner Franz asked what the reason is for having the 50-foot shoreline setback requirement.Mr.Harlicker explained that shoreline setbacks are established to prevent pollution and the reduce impacts from high water levels. He stated that a large amount of grading and fill will be required to build on the lot. Commissioner Offerman asked if the shoreline setback had anything to do with screening. Mr.Harlicker stated,no and explained that the part of the shoreline for which the variance is required is actually man-made; originally there was no water in this location and 189th Avenue and another street actually intersected at this point. • Chair Pederson opened the public hearing.