4. DRAFT BA MINUTES 10-26-2021 WA
City of
Elk -�
Weer Meeting of the
Elk River Board of Adjustments
Held at Elk River City Hall
Tuesday, September 28, 2021
Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise,Dennis Booth,
Eric Johnson,John Jordan, and Craig Keisling
Members Absent: Commissioner Rob Rydberg
Also Present: Councilmember/Liaison Mike Bey_
Staff Present: Planning Manager Zack Carlton 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 or at 6:30 p.m. by Chair Larson-Vito.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider September 28, 2021, oar d of Adjustments Agenda
Moved by Commissioner Beise and seconded by Commissioner Jordan to
approve the September 28, 2021, Board of Adjustments agenda.
Motion carried 6-0.
4. Consider July 24,2021, Board of Adjustments Minutes
Moved by Commissioner Johnson and seconded by Commissioner Keisling to
approve the July 24, 2021, Board of Adjustments minutes.
Motion carried 6-0.
5.1 Lola Larson - 19560 Vernon ST. NW, Case No. V 21-04
■ 165 sq. ft. of Additional Accessory Structure Area Variance
Mr. Carlton presented the staff report.
Chair Larson-Vito opened the public hearing.
Board of Adjustments Minutes Page 2
September 28,2021
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Lola Larson, along with her husband Dan,the applicants, spoke and stated she
didn't understand why staff was recommending denial. She stated the expansion
won't show from the road and a retaining wall removed to allow for expansion. She
noted she has run a daycare out of their home for 23 years and states she needs
additional storage for the toys. She noted both neighbors adjacent to their property
have no objections to her request.
Mr. Carlton stated under condition number 4,there needs to be some uniqueness to
the property to allow staff to support the request,and staff was unable to find
something that made their property unique. He stated the commission can consider
the impact of this request on the neighborhood. He asked if the applicant felt there
was a uniqueness to the property. He stated if the commission denies the request,he
stated a helpful piece to appeal would be to have the an h ors appear or write a
letter in support of their request.
Ms. Larson requested to distribute photos other property to the Tanning
Commission to show the location where the garage would be expanded.
Commissioner Beise noted if the applicant's request was for a smaller expansion, or
for an additional shed in the back yard,they wouldn't need to ask for a variance and
asked the applicants if they c ,u10ake the expansion smaller.
Ms. Larson stated they wanted to expansion to be built to be flush with the back part
of the home and felt that looked neater and made sense.
Commissioner Booth asked the applicant if the shed in the back yard be removed so
it would allow for the expansion.
Ms. Larson indicated Lafayette Woods development has specific covenants that
don't allow for outdoor storage of things and with the daycare business, they are
requesting additional storage space. She stated her neighbor Joe has no problems
with the extension and would have come this evening but was working.
Commissioner Johnson commented that the removal of a retaining wall would create
a significant drop and asked about the future landscaping plan.
Ms. Larson stated they hadn't thought that far ahead but would probably have to
create a smaller retaining wall.
Tim Doyle, 19567 Vernon Street, stated he lives across the street and two doors
down from the applicant and didn't feel the applicant's request would be a problem
for the neighborhood, especially since it would help them for daycare storage.
There being no one else to speak, Chair Larson-Vito closed the public hearing.
Commissioner Johnson stated since the lot was larger than a normal lot in the R1
district, he could make an adjustment to allow for the expansion request. He stated
P 0 W I R I U 0 Y
otmaA UREI
Board of Adjustments Minutes Page 3
September 28,2021
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he understands why staff is recommending denial, but he can also see if from the
fact that it would help with storage, and the expansion is out of view from the street
and neighboring properties. He stated he would support approving the variance.
Commissioner Jordan agreed and felt the request was minimal to the whole request
and appreciated the photos and exhibit with the red line to show him how the effect
of the expansion. He stated he would be in support of the request.
Commissioner Booth also agreed with the previous two commissioner's comments.
Moved by Commissioner Booth and seconded by Commissioner Jordan to
approve the request by Lola Larson for the request for a 165 sq. ft. of
Additional Accessory Structure Area Variance for the property located at 19560
Vernon St. 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 conditio
0"WW
1. Any improvement located within easements are the responsibility of
the property owner.
Motion carried 6-0. ;Or
Any appeals to this variance approval need to be turned in by October 8,2021, to be
reviewed at the Monday, October 20, 2021, City Council meeting.
6. Adjournment
There being no further business, Chair Larson-Vito adjourned the meeting of the
Elk River Board of Adjustments at 6:44 p.m.
Minutes prepared by Jennifer Green.
Tina Allard
City Clerk
Jill Larson-Vito
Planning Commission Chair
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