05-28-2024 BOA MIN
Meeting of the Board of Adjustments
Held at the Elk River City Hall
Tuesday, May 28, 2024
Members Present: Chair Perry Beise, Commissioner Dennis Booth, Commissioner Robert Rydberg,
Commissioner Tony Mauren, Commissioner Eric Johnson
Members Absent: Commissioner Jill Larson-Vito, Councilmember Matt Westgaard
Staff Present: Community Development Director Zack Carlton, Senior Planner Chris
Leeseberg, and Sr. Administrative Assistant/Recording Secretary Jennifer Green
1. CALL MEETING TO ORDER
Pursuant to due call and notice thereof, the meeting was called to order at 6:30 p.m.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
3. CONSIDER AGENDA
Moved by Commissioner Rydberg and seconded by Commissioner Booth to approve the
Planning Commission agenda for May 28, 2024.
Motion Carried 5-0.
4. CONSIDER MINUTES
4.1 Board of Adjustments - April 23, 2024
Moved by Commissioner Johnson and seconded by Commissioner Rydberg to approve the
Board of Adjustments meeting minutes from April 23, 2024.
Motion Carried 5-0.
5. PUBLIC HEARINGS
5.1 Variance: Wetland Setback, PID 75-00513-0320 - Laura Elkington
Mr. Leeseberg presented the staff report.
Commissioner Booth asked if there were any building plans or was this request due to an effort to sell
the property.
Board of Adjustments Minutes
May 28, 2024
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Page 2 of 5
Mr. Leeseberg stated the applicant was requesting the variance in an effort to sell the property.
Chair Beise opened the public hearing.
Annie Tevik, 19715 Polk St. NW - stated she lives south of the applicant and expressed concerns
about how close her septic system would be to the proposed driveway. She also asked about the
culvert that runs into her property to their pond and wondered if there would be a need to enlarge the
culvert.
Mr. Leeseberg used the survey to show the distance away from her septic system in relation to the
proposed driveway location. He stated the TEP panel reviewed this request and the applicant received
approval for the impacts they were making on the wetlands. Mr. Leeseberg stated they would get
answers to her culvert questions.
There being no one else to speak, Chair Beise closed the public hearing.
Commissioner Mauren asked if the city allows shared driveways.
Mr. Leeseberg stated the city does not allow shared driveways.
Moved by Commissioner Booth and seconded by Commissioner Johnson to approve a
variance reducing the driveway setback from the edge of a delineated wetland 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. Documentation that primary and secondary septic areas can be supported shall be
provided prior to the variance being recorded.
2. Construction shall meet all other standards of the ordinance (vegetation
maintenance, grading, etc.).
Motion Carried 5-0.
5.2 Variance: Required Apartment Parking, PID 75-00011-1204 - Duffy Development
Mr. Carlton presented the staff report. He indicated the applicant had requested 1.5 stalls per unit as
requested or if the board feels the 2 stalls per unit as showed with proof of parking.
Commissioner Mauren asked for more information regarding the proof of parking document.
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May 28, 2024
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Page 3 of 5
Mr. Carlton explained if the project proceeds based upon straight zoning, the developer would enter
into a Proof of Parking agreement outlining how many parking issues the project has had then allows
the city to direct the applicant to construct those parking stalls to correct the issues. If the applicant
chooses not to correct and construct the needed stalls, the city constructs them. The city council
approves the agreement.
Chair Beise opened the public hearing.
Brian Rucks –10296 209th Avenue NW - asked what kind of housing this would be as he was not
familiar with the project, and wondered how many of our tax dollars were being used.
Mr. Carlton explained the applicant will be requesting affordable housing low income tax credits from
the state. He stated it's a state-run program and doesn't include city TIF or tax abatement. If they do
decide to proceed with requesting TIF or tax abatement, it would require city council approval through
resolution.
There being no one else to speak, Chair Beise closed the public hearing.
Commissioner Johnson stated he was in favor of reducing the outdoor parking requirements to 2:1 to
align with other recently constructed properties and their parking requirements.
Mr. Carlton clarified that the total requirement would be 2 stalls per dwelling unit, 40 covered stalls
and the remaining covered would be exterior surface stalls. The commission concurred.
Moved by Commissioner Johnson and seconded by Commissioner Rydberg to approve the
variance reducing the number of required parking stalls, a reduction to 2:1 with 2 stalls
per dwelling unit, 40 covered stalls and the remaining covered stalls would be exterior
surface stalls 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 approval of the variance does not constitute final approval of the layout,
building plans, or proposed use. The applicant must submit additional applications
for all required land use, zoning, and building permit requirements.
Board of Adjustments Minutes
May 28, 2024
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Page 4 of 5
2. Final site plans must include turning radii for fire trucks, garbage trucks, and
delivery vehicles.
3. The city must approve a proof of parking agreement, and it must be signed and
recorded by the developer prior to issuance of a building permit.
Motion Carried 5-0.
5.3 Variances: Driveway Setback & Number of Trees, 17994 Zane Street NW- Les Schwab Tire
Center
Mr. Leeseberg presented the staff report.
Chair Beise opened the public hearing. There being no one present to speak, Chair Beise closed the
public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Booth to approve a
variance approving a reduced side property line driveway setback of 0.5 feet (6") from the
required 10 foot setback 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;
Moved by Commissioner Johnson and seconded by Commissioner Booth to approve a
variance approving reduced landscaping requirements from 32 trees to 14 trees 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.
Motion Carried 5-0.
6. MOTION TO ADJOURN REGULAR MEETING
Board of Adjustments Minutes
May 28, 2024
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Page 5 of 5
Moved by Commissioner Johnson and seconded by Commissioner Rydberg to adjourn the
Board of Adjustments meeting.
The meeting adjourned at 7:01 p.m.
Minutes prepared by Jennifer Green.
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Perry Beise, Chair
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Tina Allard, City Clerk