4.1. BOA DRAFT MIN 10/25/2022
Meeting of the
Elk River Board of Adjustments
Held at Elk River City Hall
Tuesday, September 27, 2022
Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Dennis Booth,
Eric Johnson, Tony Mauren, and Rob Rydberg
Members Absent: Commissioner Craig Keisling
Liaison Absent: Councilmember/Liaison Mike Beyer
Staff Present: Community Development Director Zack Carlton, 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 September 27, 2022, Board of Adjustments Agenda
Moved by Commissioner Johnson and seconded by Commissioner Beise to
approve the September 27, 2022, Board of Adjustments agenda.
Motion carried 6-0.
4. Consider August 23, 2022, Board of Adjustments Minutes
Moved by Commissioner Beise and seconded by Commissioner Mauren to
approve the August 23, 2022, Board of Adjustments minutes.
Motion carried 6-0.
5.1 Spectrum High School – 17796 Industrial Circle NW
Variance to allow expansion of a non-conforming use (parking
lot), Case No. V 22-13
Mr. Carlton presented the staff report.
Board of Adjustments Minutes Page 2
September 27, 2022
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Commissioner Mauren asked if the two egresses would be required for left and right
turns.
Mr. Carlton stated they would be requiring left lane for a left turn, right lane for a
right turn. These details would be included in the final plan application and reviewed
by the engineering department.
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 Rydberg
to approve the request by Spectrum High School for a Variance to allow
expansion of a non-conforming use (parking lot) at 17796 Industrial Circle
NW for the following reasons:
1. Approve, by motion, the expansion of a legal non-conforming use with a
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. Spectrum is responsible for locating and protecting water service valves
located on the property, including private fire hydrant isolation valves.
2. The city will allow two designated exit lanes and one entrance lane at
Industrial Circle. If a second ingress lane is desired, Spectrum will need
to provide a traffic study demonstrating an analysis of how the two
ingress lanes will function.
Motion carried 6-0.
6. Adjournment
There being no further business, Chair Larson-Vito adjourned the meeting of the
Elk River Board of Adjustments at 6:37 p.m.
Board of Adjustments Minutes Page 3
September 27, 2022
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Minutes prepared by Jennifer Green.
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Tina Allard
City Clerk
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Jill Larson-Vito
Planning Commission Chair