4.1. DRAFT BA MINUTES 04-28-2020
Meeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, December 17, 2019
Members Present: Chair Eric Johnson, Commissioners Perry Beise, Alexander Feinstein,
John Jordan, Jill Larson-Vito, Robert Rydberg, and Brad Thiel
Members Absent: None
Also Present: City Councilmember Nate Ovall
Staff Present: Senior Planner Chris Leeseberg and Sr. Admin. Assistant/Recording
Secretary Jennifer Green
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 Johnson.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider December 17, 2019, Board of Adjustments Agenda
Moved by Commissioner Larson-Vito and seconded by Commissioner
Feinstein to approve the December 17, 2019, Board of Adjustments agenda.
Motion carried 7-0.
4. Consider October 22, 2019, Board of Adjustments Minutes
Moved by Commissioner Feinstein and seconded by Commissioner Thiel to
approve the October 22, 2019, Board of Adjustments minutes.
Motion carried 7-0.
5.1 Aaron Brixius – 1904 Main St. NW
Setback Variance from the Ordinary High Water Mark to Lake
Orono, Case No. V 19-12
Mr. Leeseberg presented the staff report. He noted the addition of the following
condition: If the existing home is removed, the variance shall become void. He
indicated this would need to include removing the foundation but if the property
Board of Adjustments Minutes Page 2
December 17, 2019
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owner only demolished the house and rebuilt on the existing foundation, the
variance would still be valid.
Chair Johnson opened the public hearing.
Aaron Brixius, the applicant, was present to answer any questions.
Commissioner Larson-Vito asked Mr. Brixius if he had any issues with the
conditions as outlined.
Mr. Brixius indicated he had no concerns with the conditions as outlined.
There being no one else to speak, Chair Johnson closed the public hearing.
Moved by Commissioner Larson-Vito and seconded by Commissioner Jordan
to approve the variance request by Aaron Brixius for a 20’ setback variance
from the Ordinary High Water Mark to Lake Orono on the property located at
1904 Main St. NW for the following reasons:
1. With limited encroachment and implementation of storm water
treatment features, the general purpose and intent of the ordinance
are met.
2. The property has a land use of residential and the use is consistent
with the Comprehensive Plan.
3. With limited encroachments and implementation of storm water
treatment features, the applicant proposed to use the property in a
reasonable manner.
4. The plight of the petitioner, shorter than required lot depth, is due
to circumstances unique to the property not a consequence of the
petitioner’s own action or inaction.
5. The variance will not alter the essential character of the locality.
And with the following conditions:
1. House additions and deck shall be limited to the locations as
shown on the exhibit dated 12/11/2019.
2. House additions and the deck shall not be closer than 30’ to the
Ordinary High Water (OHW) mark.
3. The applicant shall work with city staff to implement necessary
storm water treatment features.
4. No more than 25% of the subject parcel can be covered with
impervious surfaces.
5. The existing and proposed improvement are required to meet
Division 11. – Floodplain Management of the city ordinance.
6. The proposal must also meet all applicable Minnesota Department
of Natural Resources and Federal Emergency Management Agency
regulations for the 100-year floodplain.
7. If the existing home and foundation are removed, the variance shall
become void.
Board of Adjustments Minutes Page 3
December 17, 2019
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Motion carried 7-0.
Any appeals to this variance approval need to be turned in by December 27, 2019, to
be reviewed at the January 21, 2020, City Council meeting.
6. Adjournment
There being no further business, Chair Johnson adjourned the meeting of the Elk
River Board of Adjustments at 6:39 p.m.
Minutes prepared by Jennifer Green.
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Tina Allard
City Clerk
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Eric Johnson
Planning Commission Chair