07-27-2021 BA MINMeeting of the
Elk River Board of Adjustments
Heid at Elk River City Hall
Tuesday, July 27, 2021
Members Present: Chair Jill Larson -Vito, Commissioners Perry Beise, Eric Johnson,
John Jordan, Craig Keisling, and Robert Rydberg
Members Absent: Alexander Feinstein
Also Present: Councilmember/Liaison Mike Beyer
Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg and
Sr. Admin. Assistant/Recording Secretary Jennifer Green
I . 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 Larson -Vito.
2. Consider July 27, 2021, Board of Adjustments Agenda
Moved by Commissioner Rydberg and seconded by Commissioner Beise to
approve the July 27, 2021, Board of Adjustments agenda.
Motion carried 6-0.
3. Consider February 23, 2021, Board of Adjustments Minutes
Moved by Commissioner Johnson and seconded by Commissioner Jordan to
approve the February 23, 2021, Board of Adjustments minutes.
Motion carried 6-0.
4.1 James P. Rossman — 404 Main Street NW, Case No. V 21-02
■ I' Parking Lot Setback Variance
Mr. Leeseberg presented the staff report.
Chair Larson -Vito opened the public hearing.
James Rossman, 3213 rd Street NW, Elk River, the applicant, explained how when
he built the building and completed the parking lot, he met all setback and parking
requirements. He stated at the time Main Street allowed on street parking but soon
Board of Adjustments Minutes
July 27, 2021
Page 2
after, the city installed a center turn lane on Main Street and therefore removed his
on -street parking availability. He stated he worked with a business across the street
to provide additional parking but there were concerns with pedestrian safety and
weather conditions creating slippery surfaces for pedestrians. He is requesting this
now because he felt he didn't create the problem of switching his parking and when
the city demolished the Main and Gates properties, he stated he wasn't aware he
couldn't park on the adjacent now vacant land. He felt it was in the best interest of
everyone involved and thanked the Board of Adjustments for taking his request into
consideration.
There being no one present to speak, Chair Larson -Vito closed the public hearing.
Commissioner Rydberg asked if the city owns the adjacent property and if the city
has any concerns with granting this request.
Mr. Leeseberg indicated the city does own the adjacent parcel and does not object to
the applicant's request.
Moved by Commissioner Johnson and seconded by Commissioner Rydberg
to approve the request by James P. Rossman for the request for a 1' Parking
Lot Setback Variance for the property located at 404 Main Street NW and for
the following reasons:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of Mississippi Connections, 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.
and with the following condition:
1. Any improvement located within easements are the responsibility of
the property owner.
Motion carried 6-0.
Any appeals to this variance approval need to be turned in by August 6, 2021, to be
reviewed at the Monday, August 16, 2021, City Council meeting.
5.2 Ryan Dunagan - 221 XX Grant Street NW, Case No. V 21-03
• 75' Lake Setback Variance
■ 20' Wetland Setback Variance
Mr. Leeseberg presented the staff report.
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Board of Adjustments Minutes Page 3
July 27, 2021
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Chair Larson -Vito opened the public hearing.
Ryan Dunagan, 14120 37`' Ave N., Plymouth, thanked the Board of Adjustments
for hearing his request and explained the reasons for his request. He stated he was
trying to keep his goal to build a house in as natural area as possible in a rural area
and stay in compliance with the grading concerns and property characteristics.
Commissioner Rydberg asked Mr. Dunagan if he approved of the conditions as
presented.
Mr. Dunagan stated they are running out of area to make their original plan work
and were told their plan wouldn't be approved by the DNR. He stated their original
plan was to build the house in the northern part of the property, but mainly their
desire is to build a house in a rural area, so they will stay in compliance with the
conditions and setbacks as proposed.
Commissioner Johnson asked if the applicant agreed with the conditions listed by
the DNR, specifically if in the future they wanted to add a deck, they would need to
stay within the setback.
Mr. Dunagan stated they understood the parameters and changed the position of
house to allow for the septic to have the least environmental impact. Given the
grading characteristics and setbacks, he understands that the house will have to be
placed where it is.
There being no one present to speak, Chair Larson -Vito closed the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Beise to
approve the 75' lake setback variance 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.
and with the following conditions:
1. Structures (principal or accessory) should be no further north than the
structures on the parcel directly to the west, at the time of approval.
2. A 75 -foot buffer from the Ordinary High Watermark (OHW) not
allowing any impacts, such as structures, excavation, grading and
removal of vegetation, to occur in the buffer.
3. The wetland variance includes grading and structures/driveways.
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Board of Adjustments Minutes
July 27, 2021
Motion carried 6-0.
Page 4
Moved by Commissioner Johnson and seconded by Commissioner Keisling to
approve the 20' lake setback with 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.
And with the following conditions:
1. Structures (principal or accessory) should be no further north than the
structures on the parcel directly to the west, at the time of approval.
2. A 75 -foot buffer from the Ordinary High Watermark (OHW) not
allowing any impacts, such as structures, excavation, grading and
removal of vegetation, to occur in the buffer.
3. The wetland variance includes grading and structures/driveways.
Motion carried 6-0.
Any appeals to this variance approval need to be turned in by August 6, 2021, to be
reviewed at the Monday, August 16, 2021, City Council meeting.
5. Adjournment
There being no further business, Chair Larson -Vito adjourned the meeting of the
Elk River Board of Adjustments at 6:51 p.m.
Minutes rep e Jennifer Green.
Tina Allard
City Clerk
vl�*
J' Larson -Vito
Planning Commission Chair
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