05-23-2023 BA MINMeeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, May 23, 2023
Members Present: Chart Jill Larson -Vito, Commissioners Perry Beise, Dennis Booth, Eric Johnson, Craig
Keisling, Tony Mauren, and Rob Rydberg
Members Absent: None
Council Liaison: Councilmember Matt Westgaard
Staff Present: Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, and
Records Specialist Katie Porath
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 Rydberg and seconded by Commissioner Beise to approve the May 23,
2023, Board of Adjustments agenda as presented.
Motion carried 7-0.
4. Consider Minutes
Moved by Commissioner Johnson and seconded by Commissioner Keisling to approve the April 25,
2023, Board of Adjustments minutes.
Motion carried 7-0.
5.1 Spencer Mattson - 19562 Ulysses St. NW
■ Lot Size Variance, Case No. V 23-03
Mr. Leeseberg presented the staff report.
Chair Larson -Vito opened the public hearing.
Paul Craven, 11042 196`''Ave NW, explained that there is currently a walking trail behind the houses and
those who moved into the area expected the lots to stay 6+ acres. He commented that there was currently a
wetland in the area and the DNR would be made aware.
Bill Berscheid,11018 196" Ave NW, agreed that it was a selling point that the area had more privacy. He
was concerned about other lots wanting to subdivide.
Board of Adjustments Minutes
May 23, 2023
Page 2
Ben Paxson, 11030196" Ave NW, recently moved into the neighborhood and was drawn to the privacy
and wildlife in the area.
Spencer Mattson, applicant, explained that the property belongs to his grandfather, and he would be
building on a portion of it. His proposed site is set back from the road to allow for more privacy and to
avoid disturbing the wetland area. He will do a wetland delineation and the wetlands will not be filled in.
Mike Jackson,19594 Ulysses St NW, was undecided on the project. He appreciates the privacy of his yard
but would also be interested in the option to subdivide his own property.
Mr. Craven asked if the driveway could come from Ulysses Street. Mr. Mattson said that the former road
easement had been bought by a neighbor.
There being no one else to speak, Chair Larson -Vito closed the public hearing.
Mr. Leeseberg confirmed that a wetland delineation would be required. He explained that neighboring
properties would not be able to subdivide their property due to not having proper street frontage.
Commissioner Johnson asked who owned the narrow strip of land shown in the maps.
Mr. Leeseberg responded that it was owned by Phoenix Enterprises.
Commissioner Rydberg questioned the location of the cul-de-sac at the end of 196`' Ave.
Mr. Leeseberg explained it may have been intended as a future through -street for development.
Commissioner Rydberg did not feel like the applicant had "circumstances unique to the property not a
consequence of the petitioner's own action or inaction".
Chair Larson -Vito stated that the only reason a variance was required was so the applicant to avoid the
wetland area.
Moved by Commissioner Beise and seconded by Commissioner Booth to approve the lot size
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. Documentation be provided for each lot that primary and secondary soil treatment areas are
available on the proposed parcels.
2. The proposed Parcel -A contains a wetland which will need to be delineated prior to a buildii
permit being issues.
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Board of Adjustments Minutes
May 23, 2023
Page 3
3. Connection to city water and sewer as required.
4. Follow Minnesota Department of Health wellhead protection requirements.
Motion carried 6-1. Commissioner Rydberg opposed.
6. Motion to Adjourn
Moved by Commissioner Johnson and seconded by Commissioner Booth to adjourn the meeting of
the Board of Adjustments.
Motion carried 7-0.
The meeting adjourned at 7:10 p.m.
Minutes prepared b • Katie Porath.
Jill son -Vito, Chair
Tina Allard, City Clerk
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