04-25-2023 BA MINMembers Present:
Members Absent:
Council Liaison:
Meeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, April 25, 2023
Chari Jill Larson -Vito, Commissioners Perry Beise; Dennis Booth; Eric Johnson, Tony
Mauren, and Rob Rydberg
Commissioner Craig Keisling
Councilmember Matt Westgaard
Staff Present: Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, and Sr.
Administrative As 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 Agenda
Moved by Commissioner Beise and seconded by Commissioner Booth to approve the April 25,
2023, Board of Adjustments agenda.
Motion carried 6-0.
4. Consider Minutes
Moved by Commissioner Rydberg and seconded by Commissioner Beise to approve the January
24, 2023, Board of Adjustments minutes.
Motion carried 6-0.
5.1 Ben & Ellie Meyer — 19501 York St. NW
Installation of an in -ground pool with the 30' front yard setback, Case No. V 23-02
Mr. Leeseberg presented the staff report.
Commissioner Johnson asked if any required fencing was factored into this variance request.
Mr. Leeseberg indicated the fence can be in the drainage and utility easement and is not required if the
applicant installs a pool covering.
Chair Larson -Vito opened the public hearing.
Board of Adjustments Minutes
April 25, 2023
Page 2
Ben Meyer, 19501 York Street NW, introduced himself and was available to answer questions.
Commissioner Johnson asked Mr. Meyer if he had any concerns that the decking was not allowed in the
easement area.
Mr. Meyer indicated that was not a problem.
There being no one else to speak on this issue, Chair Larson -Vito closed the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Rydberg to approve the
Variance request by Ben and Ellie Meyer at 19501 York Street NW as:
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. The variance only applies to the pool.
2. No part of the pool (including pool deck) or improvements shall be located within
drainage and utility easements.
3. Swale to convey stormwater should maintain a minimum of 2% grade to catch basir
located in the southern portion of the property.
4. Structures or improvements should not impede or affect drainage of neighboring
properties.
Motion carried 6-0.
6. Motion to Adjourn
Moved by Commissioner Johnson and seconded by Commissioner Beise to adjourn the meeting of
the Board of Adjustments.
Motion carried 6-0.
The meeting adjourned at 6:37 p.m.
Minutes prepared by Jennifer Green.
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Tina Allard, City Clerk
P O 11 E 8 E 0 / 1
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