10-24-2023 BA MINMembers Present:
Members Absent:
Council Liaison:
Meeting of the Elk River Board of Adjustments
Held at the Elk River City Hall
Tuesday, October 24, 2023
Chair Jill Larson -Vito, Commissioners Perry Beise, Dennis Booth, Eric Johnson, Craig
Keisling, Tony Mauren, and Rob Rydberg
None
Councilmember Matt Westgaard
Staff Present: Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, and Sr.
Administrative Assistant 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.
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3. Consider Agenda
Moved by Commissioner Beise and seconded by Commissioner Rydberg to approve the October
24, 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 August
22, 2023, Board of Adjustments minutes.
Motion carried 7-0.
5.1 Mark Christofferson — 18585 Ogden St. NW
■ Front Yard Setback Variance to construct an Accessory Structure, Case No. V 23-09
Mr. Leeseberg presented the staff report.
Commissioner Mauren asked how future owners of the property become aware of being responsible to
move the structure if required.
Mr. Leeseberg stated the variance, if approved, will be recorded against the property so future owners will
be aware.
Commissioner Beise asked about the size of the shed and the requirements.
Mr. Leeseberg stated the size was 1200 sq. ft. total, which is the maximum size in the zoning district.
Board of Adjustments N inutes Page 2
October 24, 2023
Chair Larson -Vito opened the public hearing.
There being no one to speak, Chair Larson -Vito closed the public hearing.
Commissioner Beise stated he does not see the plight in the applicant's request and asked if everyone with a
corner lot would also request an adjustment.
Commissioner Johnson stated he felt the difference in this case is the corner lot is on a street that goes to
nowhere and didn't have a problem because of that. He stated the proposed location wouldn't create any
visibility issues from the street and the location was uniform with other non -conforming accessory
structures on the neighboring properties.
Chair Larson -Vito asked for clarification on visibility.
Mr. Leeseberg explained this request is more about the appearance of the structures along the property line
and street edge and not so much about the obstruction of the vision.
Moved by Commissioner Johnson and seconded by Commissioner Keisling to approve the request
by Mark Christofferson for a Front Yard Setback Variance of 15 feet for the property at 18585 Ogden
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.
And with the following condition:
1. The property owner assumes all responsibilities for the structure located in the
drainage utility easement and will be responsible for removing the structure if ever
required.
Motion carried 6-1 with Commissioner Beise opposing.
6. Motion to Adjourn Regular Meeting
Moved by Commissioner Rydberg and seconded by Commissioner Keisling to adjourn the meeting
of the Board of Adjustments.
Motion carried 7-0.
The meeting was adjourned at 6:38 p.m.
Minutes prepared by Jennifer Green.
P01ER18 !1
NATURE
Board of Adjustments Minutes
October 24, 2023
)ill son -Vito, Chair
Tina Allard, City Clerk
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