08-23-2022 BA MINr)
Members Present:
Members Absent:
Liaison Absent:
Meeting of the
Elk River Board of Adjustments
Held at Elk River City Hall
Tuesday, August 23, 2022
Chair Jill Larson -Vito, Commissioners Perry Beise, Dennis Booth,
Eric Johnson, Craig Keisling, Tony Mauren, and Rob Rydberg
None
Councilmember/Liaison Mike Beyer
Staff Present: Community Development Director 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.
3. Consider August 23, 2022, Board of Adjustments Agenda
Moved by Commissioner Booth and seconded by Commissioner Johnson to
approve the August 23, 2022, Board of Adjustments agenda.
Motion carried 7-0.
4. Consider July 26, 2022, Board of Adjustments Minutes
Moved by Commissioner Rydberg and seconded by Commissioner Booth to
approve the July 26, 2022, Board of Adjustments minutes.
Motion carried 7-0.
5.1 Karin Filip — 15488 Fillmore St. NW— continued from July 26, 2022
■ Setback Variance to build a pool (20' river setback from the
Ordinance High Water Mark), Case No. V 22-07
Mr. Leeseberg presented the staff report.
Board of Adjustments Minutes
August 23, 2022
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 closed the public hearing.
Page 2
Moved by Commissioner Beise and seconded by Commissioner Keisling to
approve the request by Karen Filip for a 20' River Setback Variance to build a
pool at 15488 Fillmore St. NW for the following reasons:
1. The general purpose and intent of the ordinance are met.
2. The property has a residential land use that 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 James M. Barthel, Trustee of the Maxine Barthel Disclaimer Trust —
17801 Joplin St. NW
■ Front Yard and Building Setback Variance, Case No. V 22-12
Mr. Leeseberg presented the staff report. I'-)
Commissioner Booth asked if the applicant could make the area narrower and longer
to move it further away from the barn.
The applicant indicated they would then require a front yard setback.
Commissioner Mauren asked if the same type of system was being installed.
Mr. Leeseberg stated he was not sure but whatever system was installed would need
to meet building code requirements.
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 Booth to
approve the request by James M. Barthel, Trustee of the Maxine Barthel
Disclaimer Trust for a Front Yard and Building Setback Variance at 17801
Joplin St. 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.
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Board of Adjustments Minutes Page 3
August 23, 2022
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n 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. The drain field shall maintain a minimum of 5 feet from the west
property line and 4.5 feet from the detached accessory structure.
Motion carried 7-0.
5.3 Madison Jung — 13776 189" Ave. NW
■ Front Yard Setback Variance, Case No. V 22-1 1
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 Beise and seconded by Commissioner Keisling to
approve the request by Madison Jung for a Front Yard Setback Variance of 17
feet from the required front yard setback of 35 feet to construct a garage at
13776 189' 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.
5.4 Amber & Brett Steinwagner — 20835 Fresno St. NW
■ Driveway Setback Variance, Case No. V 22-07
Mr. Leeseberg presented the staff report.
Chair Larson -Vito opened the public hearing.
Steve Rohlf, 12821 188`' Avenue NW, stated he owns the property to the south of
the driveway and is in favor of the proposed driveway placement.
There being no one else to speak, Chair Larson -Vito closed the public hearing.
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Board of Adjustments Minutes
August 23, 2022
Page 4
Moved by Commissioner Keisling and seconded by Commissioner Johnson to
approve the request by Amber and Brett Steinwagner for a Variance of 4 feet
from the required side yard driveway setback of 5 feet at 20835 Fresno St. 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.
6. Adjournment
There being no further business, Chair Larson -Vito adjourned the meeting of the
Elk River Board of Adjustments at 6:49 p.m.
Minutes prepared by Jennifer Green.
4 V
Tina Allard
City Clerk
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Jill `arson -Vito
Planning Commission Chair
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