7.1 SR 06-03-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
7.2
Meeting Date
May 20, 2024
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Variance: Ivan Foxcroft - 20055 Polk Street NW
Reviewed by:
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Hold the public hearing and direct, by motion, staff to prepare a finding of fact denying the variance and return
to the next available Regular City Council Meeting.
Background/Discussion
(Case No. V 24-02)
The property is zoned Planned Unit Development (PUD) with the following setbacks from property lines:
Front: 35 feet, Side: 20 feet, and Rear: 30 feet. The applicant is requesting a variance to extend 16 feet past
the front setback and 10 feet past the side setback of the property. The attached staff report to the Board of
Adjustments outlines the five criteria for approval of a variance. The applicant’s responses are italicized with
staff’s comments after.
An initial motion was made to approve the variance that failed by a 2-3 vote. A second motion was made to
deny the variance based on setting precedence, general purpose, and intent are not met, altering the essential
charter of the locale, and an addition while smaller, could be added without a variance. The Board of
Adjustments denied the variance on April 23, 2024, by a 3-2 vote. As the variance was denied, it was
automatically appealed to the City Council for their consideration.
No one spoke against the request during the public hearing. Included with the Board of Adjustments staff
report are two letters of support, one from the property owner directly adjacent to the subject property on
the side where the encroachments would occur.
Since the Board of Adjustments meeting, the applicant shared with staff an alternative plan he will likely build if
he is not granted the variance. The new plan meets setbacks but does involve the relocation of the well.
Financial Impact
None
Mission/Policy/Goal
Page 87 of 464
▪ Help, not hinder citizens' quality of life
▪ Reflect the culture of citizens and what is important to the majority
Attachments
1. Board of Adjustments Packet 04-23-2024
2. Alternative Design
Page 88 of 464