4.1. DRAFT BOARD OF ADJUSTMENTS MINUTES 03-22-2022 WA
City of
Elk -�
Weer Meeting of the
Elk River Board of Adjustments
Held at Elk River City Hall
Tuesday, October 26, 2021
Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise,Dennis Booth,
and Craig Keisling
Members Absent: Commissioners Eric Johnson and John Jordan
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. Pledge of Allegiance
The Pledge of Allegiance was recited.
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3. Consider October 26, 2021, Board of Adjustments Agenda
Moved by Commissioner Rydberg and seconded by Commissioner Beise to
approve the October 26, 2021, Board of Adjustments agenda.
Motion carried 5-0. 44
4. Consider September 28, 2021, Board of Adjustments Minutes
Moved by Commissioner Beise and seconded by Commissioner Keisling to
approve the September 28, 2021, Board of Adjustments minutes.
Motion carried 5-0.
5.1 Ron Touchette - 507 Oxford Ave. NW, Case No. V 2 1-05
■ Front and Side Yard Setback Variance
Mr. Carlton presented the staff report.
Chair Larson-Vito opened the public hearing.
Board of Adjustments Minutes Page 2
October 26,2021
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Ron Touchette — 18557 68t1'Place, Maple Grove,has worked with MnDOT for two
years to resolve some logistical details resulting in the US Highway 10 project and
the effects on this parcel. He felt this variance request was the best option for his
situation. He requested due to MnDOT installing the new sidewalk and driveway
incorrectly on Friday that the side yard setback be changed to 1' to allow for the
garage eaves and gutters from protruding over the property line. He indicated the
renters will probably purchase the property. He appreciated the consideration.
There being no one to speak, Chair Larson-Vito closed the public hearing.
Mr. Carlton indicated if the Board of Adjustments felt the request for a 1' setback
was appropriate, they could modify the request and approve a F setback. Staff
recommends maintaining the 2' setback to accommodate runoff, future building
maintenance, and landscaping maintenance.
Moved by Commissioner Beise and seconded by Commissioner Booth to
approve the request by Ron Touchette for a Front and Side Yard Setback
Variance for the property located at 507 Oxford 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 petitionerµisVe o"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.
nd with the following condition:
1. The front yard setback shall be reduced to one foot on the east and
two feet on the north property lines for the detached garage.
Motion carried 5-0.
Any appeals to this variance approval need to be turned in by November 5, 2021, to
be reviewed at the Monday,November 15, 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 6:41 p.m.
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NATURE
Board of Adjustments Minutes Page 3
October 26,2021
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Minutes prepared by Jennifer Green.
Tina Allard
City Clerk
Jill Larson-Vito
Planning Commission Chair
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