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<br />c <br /> <br />c <br /> <br />o <br /> <br />ELK RIVER PLANNING COMMISSION MEETING <br />HELD AT THE ELK RIVER PUBLIC LIBRARY <br />JULY 26, 1983 <br /> <br />MEMBERS PRESENT: <br /> <br />Chairman Tracy, Commissioners Oster, Ward, Hartman, Tralle, and <br />Pearce. Commissioner Wille arrived at 8:10 p.m. <br /> <br />MEMBERS ABSENT: <br /> <br />None <br /> <br />STAFF PRESENT: <br /> <br />Rick Breezee, Building and Zoning Administrator <br /> <br />1. Call Meeting to Order <br /> <br />Chairman Tracy called the meeting to order at 7:30 p.m. <br /> <br />2. Consider Minutes of June 26, 1983, Planning Commission Meeting <br /> <br />COMMISSIONER HARTMAN MOVED TO APPROVE THE JUNE 28, 1983, PLANNING COMMISSION MINUTES. <br />COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 6-0. <br /> <br />3. <br /> <br />Consider Agenda for July 26, 1983 Planning Commission Meeting <br /> <br />Mr. Walter Piwowar was present, and requested to be added to the agenda to request <br />a zone change. Chairman Tracy stated that Mr. Piwowar could be added to the agenda <br />as Item #10. Rick Breezee informed the Commission members that a unanimous deci- <br />sion must be approved by all of the members for the item to be added. <br /> <br />The Planning Commission consented to accept the agenda as amended. <br /> <br />4. <br /> <br />Consider Variance Request by Mr. Lyman T. Marshall <br /> <br />Mr. Peter Salter was present representing Lyman T. Marshall. <br /> <br />Chairman Tracy indicated that Mr. Lyman T. Marshall, Jr., of 2170 Lester River <br />Road, Duluth, MN, has requested a variance to a sideyard setback for an accessory <br />building he owns at 379 Baldwin Avenue. Chairman Tracy further indicated that Mr. <br />Marshall would like to enlarge a detached garage for his apartment building by add- <br />ing an additional 12 feet to his garage, which would leave one foot from the prop~ <br />erty line, and as such, encroach 4 feet from the sideyard setback requirement. <br /> <br />Commissioner Hartman indicated that he felt that all the 5 standards required to <br />approve a variance are not met in Mr. Marshall's situation. Commissioner Hartman <br />further indicated that Mr. Marshall's situation definitely 'does not cause a hardship <br />and that Number iii of the five standards does not apply to Mr. Marshall's request. <br /> <br />Chairman Tracy stated that he agreed with Commissioner Hartman, and also indicated <br />that he felt Mr. Marshall has other alternatives to build the garage in SOme other <br />location. <br /> <br />COMMISSIONER HARTMAN M0VED TO RECOMMEND THAT THE CITY COUNCIL DENY THE REQUEST FOR <br />A VARIANCE TO A SIDEYARD SETBACK BY MR. LYMAN T. MARSHALL. COMMISSIONER PEARCE <br />SECONDED THE MOTION. THE MOTION PASSED 6-0. <br />