5.1. BASR 10-22-2019
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance is:
1. Is in harmony with the general purpose and intent of the ordinance, and
Yes. The general purpose and intent of the ordinance is to encourage orderly development within the city’s borders. This
variance request is in harmony with this intent.
The intent of the ordinance it to limit the overall lot coverage of a property with structures.
Approving the variance would not conflict with general purpose and intent, as only 15% of the
parcel would be covered by the principal and accessory structure.
2. Is consistent with the City of Elk River comprehensive plan.
Yes. The property for which the variance is requested is currently and continues to be guided as industrial use. The
variance request is consistent with Elk River’s comprehensive plan.
The property is guided for industrial uses, which allow accessory structures. The request is
consistent with the City of Elk River Comprehensive Plan.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties mean that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
Yes. The variance request will simply allow for an increased square footage of an accessory building on this 3 acre
industrial parcel. The request is for a variance of up-to a 8,125 square foot accessory building, city code allows for up-
to a 2,600 square foot accessory building. The accessory building is reasonable in size when compared with other
properties in the area and the properties use complies with city code.
The petitioner is proposing to use the property in a reasonable manner. The ordinance allows 40%
total lot coverage and the applicant is requesting 15% total coverage.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the
petition's own action or inaction; and
Yes. The parcel’s layout (long and narrow), combined with the primary structure’s orientation (single access point) and
the lack of city sewer and water services make the parcel difficult to work with for industrial use. The area reserved for
well, septic and drainfield inhibit a primary structure expansion that would still allow for proper yard circulation. By
building a larger accessory structure we are able to fill our “under roof” needs while still allowing for yard circulation
without adversely impacting well, septic and drainfield locations.
The unique circumstance is the building being built is considered an accessory structure, placing
regulations that are more restrictive on it. If it were considered a primary structure, it would not
require a variance.
5. The variance, if granted, will not alter the essential character of the locality.
Yes. Granting this variance will not alter the essential character of the locality. The area is zoned industrial and is a
patchwork of industrial uses with various structures and accessory structures. Both the property immediately to the
north and immediately to the south contain multiple structures and lot configurations very similar to this request. The
accessory building will be screened from public view as it is located at the rear of the parcel, putting the primary
structure between the building site and the public roadway.
The locale has several properties, which have multiple buildings on them. The property directly to
the south has eight mini-storage buildings (principle structures), all about the same size. The
property directly to the north has two buildings, both about the same size. The essential character
will not be altered.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by November 1, 2019, this item will go to the
November 18, 2019, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
Site Plan
Hemmer Properties, the property holding company related to Distinctive Iron, is seeking a
variance for relief from the city of Elk River’s code Sec 30-1312 which limits the size of an
accessory building in Industrial Districts to 20% of the principle building square footage.
Hemmer Properties proposes to build an accessory structure not to exceed 8,125 square feet
on its recently acquired 3 acre parcel, which contains a principle structure of 13,000 square feet,
at 15970 Jarvis St NW, Elk River, MN 55330.
The variance is being requested as the configuration of the lot, combined with the lack of city
sewer and water access, which requires well, septic and drainfield prohibits other building
configurations that would not require a variance.
Should the variance be granted, the proposed building will meet all other necessary setbacks
and city code requirements.
This variance is vital to the operation of Distinctive Iron’s business and its continued operation
within the city of Elk River.
A variance may be granted by the board only if it finds that:
(1) The variance is in harmony with the general purpose and intent of the ordinance.
A: Yes. The general purpose and intent of the ordinance is to encourage orderly development
within the city’s borders. This variance request is in harmony with this intent.
(2) The variance is consistent with the City of Elk River comprehensive plan.
A: Yes. The property for which the variance is requested is currently and continues to be guided
as industrial use. The variance request is consistent with Elk River’s comprehensive plan.
Variances may be granted when the petitioner establishes that there are practical difficulties in
complying with the zoning ordinance. Practical difficulties means that:
(3) The petitioner proposes to use the property in a reasonable manner not permitted by
the zoning ordinance;
A: Yes. The variance request will simply allow for an increased square footage of an accessory
building on this 3 acre industrial parcel. The request is for a variance of up-to a 8,125 square
foot accessory building, city code allows for up-to a 2,600 square foot accessory building. The
accessory building is reasonable in size when compared with other properties in the area and
the properties use complies with city code.
(4) The plight of the petitioner is due to circumstances unique to the property not a
consequence of the petition's own action or inaction;
A: Yes. The parcel’s layout (long and narrow), combined with the primary structure’s orientation
(single access point) and the lack of city sewer and water services make the parcel difficult to
work with for industrial use. The area reserved for well, septic and drainfield inhibit a primary
structure expansion that would still allow for proper yard circulation. By building a larger
accessory structure we are able to fill our “under roof” needs while still allowing for yard
circulation without adversely impacting well, septic and drainfield locations.
(5) The variance, if granted, will not alter the essential character of the locality.
A: Yes. Granting this variance will not alter the essential character of the locality. The area is
zoned industrial and is a patchwork of industrial uses with various structures and accessory
structures. Both the property immediately to the north and immediately to the south contain
multiple structures and lot configurations very similar to this request. The accessory building will
be screened from public view as it is located at the rear of the parcel, putting the primary
structure between the building site and the public roadway.
Hemmer Properties, along with Distinctive Iron, appreciate your support in granting the
proposed variance, allowing for the appropriate use of their property, as well as the continued
growth and economic impact of their business within the local economy.
Any questions for the applicant should be directed to their consultant:
Tim Dolan
Chief Strategist
Decklan Group
E: tim@decklangroup.com
P: 763-331-1923