4.1. DRAFT BA MINUTES 07-26-2022
Meeting of the
Elk River Board of Adjustments
Held at Elk River City Hall
Tuesday, June 28, 2022
Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Dennis Booth,
Eric Johnson, Craig Keisling, Tony Mauren, and Rob Rydberg
Members Absent: None
Also Present: Councilmember/Liaison Mike Beyer
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 Larson-Vito.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider May 24, 2022, Board of Adjustments Agenda
Moved by Commissioner Johnson and seconded by Commissioner Keisling to
approve the May 24, 2022, Board of Adjustments agenda.
Motion carried 7-0.
4. Consider May 24, 2022, Board of Adjustments Minutes
Moved by Commissioner Beise and seconded by Commissioner Rydberg to
approve the May 24, 2022, Board of Adjustments minutes.
Motion carried 7-0.
5.1 Steve Rust – 21562 Elk Lake Rd. NW, Case No. V 22-03 ~ continued
from May 24, 2022
Lot Width and Lot Size Variance
Mr. Leeseberg presented the staff report.
Chair Larson-Vito opened the public hearing.
Board of Adjustments Minutes Page 2
June 28, 2022
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Steve Rust, 21562 Elk Lake Rd. NW, the applicant, stated he does not have
concerns with the proposed 120’ width driveway as there is only one approach that
the county will agree to. However, the .9 acres he agreed with the proposed shared
driveway. He stated he was aware of the concerns with supporting primary and
secondary septic. He explained where electrical power was located on the parcel and
how he proposed the driveway to follow closely to the proposed driveway. He would
like to request Lot 3 be reduced to 2.2 acres and increase Lot 2 to 1.9 acres.
He felt the parcels would perc out because the ground is sand.
There being no one else to speak, Chair Larson-Vito closed the public hearing.
Commissioner Johnson stated he was supportive to increasing Lot 2 to 1.9 acres and
reducing Lot 3 to 2.2 acres. Chair Larson-Vito and Commissioner Keisling also
agreed.
Commissioner Johnson stated Lot 2 would be a variance for the size, at 1.9 acres
with the condition that the parcel can support primary and secondary septic systems;
and lot 3 variance for the size to 2.2 acres if they increase the lot frontage to 120’.
Commissioner Beise asked if the applicant would consider moving up the north
property line of Lot 3 to provide additional acreage.
Mr. Rust indicated that location is where his own primary and secondary septic
system is located.
Moved by Commissioner Johnson and seconded by Commissioner Keisling to
approve the lot size variance for Lot 2 at 1.9 acres 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.
with the following conditions:
1. The lot shall not be less than 1.75 acres in size.
2. Survey work/soil testing will need to be completed to ensure the lot
can support primary and secondary septic systems before the
variance or plat is recorded.
Motion carried 7-0.
Board of Adjustments Minutes Page 3
June 28, 2022
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Moved by Commissioner Johnson and seconded by Commissioner Mauren to
approve the lot size variance for Lot 3 from 2.5 to 2.2 acres 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.
with the following condition:
1. Lot 3 shall not have less than 120-feet of frontage on the county
right-of-way.
Motion carried 7-0.
Moved by Commissioner Johnson and seconded by Commissioner Keisling to
approve the lot size frontage of Lot 3 from 160’ to 120’ 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.
5.2 Karin Filip – 15488 Fillmore St. NW, Case No. V 22-07 ~ continued from
May 24, 2022
Setback Variance to build a pool (20’ river setback from the
Ordinance High Water Mark)
Mr. Leeseberg presented the staff report.
Chair Larson-Vito stated the public hearing portion was still open and asked if
anyone was wishing to speak on this matter.
There being no one to speak, Chair Larson-Vito continued the public hearing to the
July 26, 2022, Board of Adjustments meeting.
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5.3 Nathan Hunter – 13099 181 Drive NW, Case No. V 22-08
Board of Adjustments Minutes Page 4
June 28, 2022
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25’ Rear Yard Setback Variance to allow installation of a
swimming pool
Mr. Leeseberg presented the staff report.
Chair Larson-Vito asked if the ordinance should be updated to address this concern
with other double-frontage homes.
Mr. Leeseberg explained it would be challenging and cautioned against pigeon-holing
certain lots in the city that a variance could address for those properties with 3
streets abutting the property.
Chair Larson-Vito opened the public hearing.
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Nathan Hunter, 13099 181 Drive NW, explained his predicament and appreciated
the board reviewing his request.
There being no one else to speak, Chair Larson-Vito closed the public hearing.
Moved by Commissioner Beise and seconded by Commissioner Johnson to
approve the request by Nathan Hunter for a 25’ Rear Yard Setback Variance
to allow installation of a swimming pool 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.
with the following condition:
1. The front yard setback, for pool and deck purposes, shall be reduced to
10 feet on the County Road 30 side of the subject property.
Motion carried 7-0.
6. Adjournment
There being no further business, Chair Larson-Vito adjourned the meeting of the
Elk River Board of Adjustments at 6:54 p.m.
Board of Adjustments Minutes Page 5
June 28, 2022
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Minutes prepared by Jennifer Green.
___________________
Tina Allard
City Clerk
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Jill Larson-Vito
Planning Commission Chair