4.1. DRAFT BOA MINUTES 07-25-2023
Meeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, June 27, 2023
Members Present: Chari 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 Sr.
Administrative Assistant 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 Agenda
Moved by Commissioner Rydberg and seconded by Commissioner Beise to approve the June 27,
2023, Board of Adjustments agenda as presented.
Motion carried 7-0.
4. Consider Minutes
Moved by Commissioner Beise and seconded by Commissioner Keisling to approve the May 23,
2023, Board of Adjustments minutes.
Motion carried 7-0.
5.1 ISD 728 – Handke building – 1170 Main St. NW
Front Yard Setback Variance, Case No. V 23-05
Mr. Leeseberg presented the staff report.
Commissioner Maurer asked if this addition will change the drop off and pick up procedures as only buses
are currently allowed.
Chair Larson-Vito opened the public hearing.
John Kretchmer, architect, Wold Architects - stated his understanding was there will continue to be daily,
AM & PM bus drop-offs and pick-ups utilizing the same pattern as currently done, and parents will
continue to park further down near the Handke pit.
Board of Adjustments Minutes Page 2
June 27, 2023
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Charles Maue, 1166 4 Street, Elk River – indicated there is a continuous parking problem with school
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visitors parking in front of his driveway along 4 Street. He asked that the school staff be told not to allow
their visitors to block driveways, particularly during bad weather.
There being no one else to speak, Chair Larson-Vito closed the public hearing.
Mr. Leeseberg stated he will share Mr. Maue’s feedback with the school district.
Commissioner Rydberg asked if the change of use will affect the function of the space. He indicated that the
portion of the building getting the improvements was previously used for storage of supplies. He indicated
it will now be used for childcare and wondered if it would be a new function, increasing car traffic and use,
and would staff be increased, putting more pressure on parking.
Chair Larson-Vito indicated the request before them is for the variance and she was not sure if they should
discuss the proposed use of the space during this request.
Mr. Leeseberg stated the commission can discuss that topic during the CUP application.
Moved by Commissioner Johnson and seconded by Commissioner Beise to approve the Front Yard
Setback Variance of 4 feet 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 Tavis Pike – 21850 Jarvis St. NW
Accessory Structure Size Variance, Case No. V 23-04
Mr. Carlton presented the staff report.
Commissioner Booth asked staff to allow the commission to review the ordinance for these types of
requests at a future meeting, noting the amount of work caused for both property owners and staff by such
a small acreage change. He felt like they would be reviewing more and more of these requests, specifically
for parcels with 9.5 or 4.5 acres due to various reasons because road improvements have taken away some
of their land or other reasons. He wondered if staff could make that sort of approval without bringing it to
the Planning Commission.
Mr. Carlton indicated that the commission could review the ordinance at a future meeting, even looking at
modeling it like allowing a percentage of lot area in proportion to maximum accessory structure area.
Commissioner Rydberg suggested that plans be addressed with the home occupation requirements.
Board of Adjustments Minutes Page 3
June 27, 2023
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Mr. Carlton stated a “residential use only – CUP required for home occupation” stamp is used during the
building plan review process.
Chair Larson-Vito opened the public hearing.
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 accessory
structure size variance of 1,200 square feet 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. Motion to Adjourn
Moved by Commissioner Johnson and seconded by Commissioner Keisling to adjourn the meeting
of the Board of Adjustments.
Motion carried 7-0.
The meeting was adjourned at 6:46 p.m.
Minutes prepared by Jennifer Green.
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Jill Larson-Vito, Chair
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Tina Allard, City Clerk