4.1. BA DRAFT MINUTES 10-27-2020 VA
City of
Elk -�
Weer Meeting of the
Elk River Board of Adjustments
Held at Elk River City Hall
Tuesday, September 22, 2020
Members Present: Chair Jill Larson Johnson, Commissioners Perry Beise,Alexander
Feinstein, Eric Johnson,John Jordan, Robert Rydberg, and Brad
Thiel
Members Absent: none
Also Present: Councilmember/Liaison Nate Ovall,
Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg,
Stormwater Coordinator Brandon Wisner, and Sr. Admin.
Assistant/Recording Secretaryr Jennifer Green
I. Call Meeting to Order t
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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 Larson-Vito.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider September 22, 2020, Board of Adjustments Agenda
Moved by Commissioner Thiel and seconded by Commissioner Jordan
to approve the September 22, 2020, Board of Adjustments agenda.
Motion carried 7-0.
4. Consider August 25, 2020, Board of Adjustments Minutes
Moved by Commissioner Thiel and seconded by Commissioner Feinstein to
approve the August 25, 2020, Board of Adjustments minutes.
Motion carried 7-0.
Board of Adjustments Minutes Page 2
September 22,2020
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5.1 Charles & Kathleen Gravning- 517 Proctor Ave. NW
■ Variance for a 14' side yard setback (required 30'), Case No.
V 20-12
Mr. Leeseberg presented the staff report.
Chair Larson-Vito opened the public hearing.
There being no one to speak, Chair Larson-Vito closed the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Jordan to
approve the variance request by Charles and Kathleen Gravning for a 14' Side
Yard Setback Variance on the property located at 517 Proctor Ave. NW, for the
following reasons:
1. 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. The proposed use is reasonable and is permitted in the zoning
ordinance.
4. The plight of the petitioner 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.
Motion carried 7-0.
Any appeals to this variance approval need to be turned in by October 2,2020, to be
reviewed at the October 19, 2020, City Council meeting.
5.2 Elk River Municipal Utilities - 1643 Main St. NW
■ Variance for Impervious Surface Coverage of 65% (allowed 25%),
Case No. V 20-14
Mr.Leeseberg presented the staff report.
Chair Larson-Vito opened the public hearing.
There being no one to speak, Chair Larson-Vito closed the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Beise to
recommend approval of the request by Elk River Municipal Utilities for a
Variance to allow Impervious Surface Coverage of 65% for the following
reasons:
1. 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.
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Board of Adjustments Minutes Page 3
September 22,2020
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3. The proposed use is reasonable and is permitted in the zoning
ordinance.
4. The plight of the petitioner 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.
Motion carried 7-0.
Any appeals to this variance approval need to be turned in by October 2,2020, to be
reviewed at the October 19, 2020, City Council meeting.
5.3 City of Elk River- Public Safety Building Expansion, 13065 Orono
Parkway, Case No. V 20-13
■ Front Yard Setback Variance of 15' (required 30)
■ Drive Aisle Setback
■ Exceed 25% Hardcover Limit within the Shoreland Management
District for Lake Orono
Mr. Carlton presented the staff report.
Chair Larson-Vito opened the public hearing.
There being no one to speak, Chair Larson-Vito closed the public hearing.
Moved by Commissioner Beise and seconded by Commissioner Feinstein to
recommend approval of the 15' Front Yard Setback Variance by the City of
Elk River for the Public Safety Building Expansion, 13065 Orono Parkway
NW, for the following reasons:
1. The general purpose and intent of the ordinance are met.
1k3.
. The property has a land use of Public/Institutional and the use is
consistent with the comprehensive plan.
The proposed use is reasonable and is permitted in the zoning
ordinance.
The plight of the petitioner is due to circumstances unique to the
ww property not a consequence of the petitioner's own action or
inaction.
5. The variance will not alter the essential character of the locality.
Motion carried 7-0.
Moved by Commissioner Beise and seconded by Commissioner Rydberg to
recommend approval of the request for a Drive Aisle Setback Variance by the
City of Elk River for the Public Safety Building Expansion, 13065 Orono
Parkway NW, for the following reasons:
1. The general purpose and intent of the ordinance are met.
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Board of Adjustments Minutes Page 4
September 22,2020
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2. The property has a land use of Public/Institutional and the use is
consistent with the comprehensive plan.
3. The proposed use is reasonable and is permitted in the zoning
ordinance.
4. The plight of the petitioner 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.
Motion carried 7-0.
Moved by Commissioner Beise and seconded by Commissioner Jordan to
recommend approval of the request by the City of Elk River for a Variance
Exceeding 25% Hardcover Limit within the Shoreland Overlay District for the
Public Safety Building Expansion, 13065 Orono Parkway NW, for the
following reasons:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of Public/Institutional and the use is
consistent with the Comprehensive Plan.
3. The proposed use is reasonable and is permitted in the zoning
ordinance.
4. The plight of the petitioner 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.
Motion carried 7-0.
Any appeals to these variance approvals need to be turned in by October 2, 2020, to
be reviewed at the October 19, 2020, City Council meeting.
6. rAdjour"nme
There being no further business, Chair Larson-Vito adjourned the meeting of the
Elk River Board of Adjustments at 6:42 p.m.
Minutes prepared by Jennifer Green.
Tina Allard
City Clerk
Jill Larson-Vito
Planning Commission Chair
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