Board of Adjustments Packet for February 25, 2025
Board of Adjustments
Regular Meeting
Agenda
Tuesday, February 25, 2025
6:30 PM
Elk River City Hall
▪ Regular meeting in Council Chambers
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. CONSIDER AGENDA
4. CONSIDER MINUTES
4.1 Draft Minutes - July 23, 2024
5. PUBLIC HEARINGS
An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments
become part of the official public record. For this reason, all comments must be made at the podium so they can be heard
and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to
questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding
additional testimony.
5.1 Variance: Front Yard Setback, 11848 193rd Lane NW, Kelly and Craig Swanson
6. MOTION TO ADJOURN REGULAR MEETING
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The 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
Board of Adjustments
Item Number
5.1
Meeting Date
February 25, 2025
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Variance: Front Yard Setback, 11848 193rd Lane
NW, Kelly and Craig Swanson
Reviewed by
Zack Carlton
Action Requested
Approve, by motion, the front yard setback variance of 10-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 otherwise 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.
Background/Discussion
The applicant is proposing to construct a 31’ x 32’ detached garage (accessory structure) and is requesting a
10-foot variance to allow the structure to be closer to the front property line.
The 1.18-acre property, zoned R1-C (Single-Family Residential), is subject to a 30-foot setback requirement
for accessory structures. The requested variance would accommodate the garage while maintaining the
residential character and adhering to the overall intent of the zoning ordinance.
Applicable Regulation
(The applicant’s responses are italicized with staff notes afterwards.)
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance is:
1. Is in harmony with the general purpose and intent of the ordinance, and
We're proposing a variance from the standard 30-foot setback requirement for our new 31x32 ft 936 sq ft detached
garage. It also includes a 120 sq ft patio.
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The intent of the city's setback requirement is to maintain a consistent appearance within neighborhoods. Our home is
on a cul-de-sac and has large expansive areas between neighboring dwellings. This currently allows for a pleasant view
regardless of uniformity.
The purpose of front yard setbacks is to prevent buildings from being constructed too close to the street,
thereby maintaining a visually cohesive and attractive streetscape. Since the property is located at the end of
a cul-de-sac, any deviation from this uniformity may not be readily apparent. The request aligns with the
general purpose and intent of the regulation.
2. Is consistent with the City of Elk River comprehensive plan.
We're committed to ensuring the garage is aesthetically pleasing and consistent with the neighborhood's character,
including additional boulder landscaping to integrate it into the surroundings.
The property is guided as Traditional Single-Family Residential, where houses and accessory structures are
anticipated. The proposal aligns with the goals of the comprehensive plan.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying with
the zoning ordinance. Practical difficulties means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
The front most post to the 120 sq ft patio (the lean-to) on the street side of the garage will be positioned 20 feet from
the property line (10 ft inside the set back), which allows us to protect the environment and save on significant grading
costs. It should be noted that the proposed front left corner of the 936 sq ft structure, not the lean-to, will be no more
than 3 feet into the set back line.
The petitioner is requesting to build an accessory structure beyond the required setback to preserve several
mature trees on the property and minimize the necessary grading. This proposal represents a reasonable use
of the property that is not permitted under the current zoning ordinance.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the
petition's own action or inaction; and
The current proposed location for the garage requires minimal grading of an existing hill, preserving the natural
topography and existing mature trees. Meeting the standard setback would necessitate extensive hill grading leading to
significant increased costs, engineered boulder retaining walls and the unnecessary removal of numerous trees, which
would significantly impact the natural beauty and ecosystem of the property.
The property’s unique characteristics include steep grades and mature trees. Meeting the setback
requirements would necessitate significant grading and the removal of several trees.
5. The variance, if granted, will not alter the essential character of the locality.
Granting this variance is not only a cost-effective solution but also an environmentally responsible decision. Our home is
situated on a cul-de-sac with homes that are not closely adjacent to one another, which means our garage will not
disrupt the visual harmony or proximity that the setback rule intends to preserve. It supports our commitment to
sustainability and community values. We're dedicated to complying with all other zoning and building codes to enhance
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our property's value and maintain the integrity of the neighborhood.
Because the property is situated at the end of a cul-de-sac, any deviation from the setback requirements
would not impact the neighborhood’s character. Granting the variance will not alter the essential character of
the area.
Financial Impact
None
Mission/Policy/Goal
Work with citizens to achieve goals.
Attachments
1. Location Map
2. Site and Building Plans
3. Images
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4040RS
81701008010080 4040RS28683'-6"10'4'10'3'-6"
15'-6"15'-6"
31'32'14'15'-8"2'-4"30'-1 1/8" x 31'-1 1/8"
936 sq ft
Attic Trusses 24" O.C. over
Design and Engineering by Supplier
NARROW WALL BRACING DETAIL
* AP R602.10 Wall Bracing Requirement Code
Attic Trusses 24" O.C. over
Design and Engineering by Supplier
Extend Top Chord for Porch Roof
2-1 3/4"x 11 7/8" LVL Header
* 2x4 Studs 16" O.C. entire Perimeter of Garage
* Corner Bracing or Rigid Sheathing on each side of
Overhead door and 4' back from each corner
* Headers over all Exterior Windows and Doors to be
2-2x10 unless Otherwise Noted on Plan
Garage
2-1 3/4"x 11 7/8" LVL Header
9'-4" Minimum Ceiling Height
2-1 3/4"x 9 1/2" LVL HeaderPage 1Main Floor
Scale 1/4"=1'-0"
Craig & Kelly 1-13-25
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1'-4"9'-3"31'
2'1'-4 1/2"8'9'-4 1/2"1'1'9'-9"22'32'29'-0" x 30'-0"
870 sq ft
Unexcavated Fill to Slab
Conc Curb Cut 3" Larger than Garage Doorfor (1) 2x4 Treated Header Bearing each sideOverhead
Gar Dr
Height
Garage
Wall
Height
* 2x6 Treated sill Plate set on Sill Sealer
* Anchor Bolts or Straps 12" from each corner
60" O.C. entire Perimeter
* 4" Poured Conc Floating Slab Foundation with
Thickened Perimeter Footing
4" Conc Slab
4" Class 5 Compacted Fill
(2) #4 Rebar
Thickened Slab Perimeter
12" Conc Footing
or Thickened
Slab for Post and
Beam Support
le Overhang
ve Overhang
h
Scale: 1/8"=1'-0"
Right-North-Hill ElevationLeft-South-Street Elevation
Rear-West Elevation
Scale 1/4"=1'-0"
Foundation Plan Page 2
Craig & Kelly 1-13-25
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4040RS
4040R
S
2868
3 '-6 "1 5 '-6 "1 5 '-6 "3 1 '14'
1
5'-8"
2'-4"30'-1 1/8" x 31 '-1 1/8 "
9 3 6 sq ftA ttic T r us s e s 2 4 " O .C . o v e r
D e s ig n a n d E n g in e e rin g b y S u p p lie rOW W A L L B R A C IN G D E T A IL
2 .10 W a ll B ra c in g R e qu ire m e n t C o d eAttic T ru ss e s 2 4 " O .C . o v e rD e s ig n a nd E n g in e e r in g b y S u p p lie r
E xte nd T o p Ch o rd fo r P o rc h R o o f
O .C . e n tir e P e rime te r o f G a ra g e
R ig id S h ea th in g o n ea c h s id e o fb a c k fr om e a c h c or n e r
W in d ow s a n d D o o r s to b e
o n P la n
G a rag e9'-4" M inim um C eiling H eightPlot Plan
Scale: 1/4"=1'-0"
Craig & Kelly 1-13-25
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* Shaded Square indicates
Proposed Position of 31'x32'
Detached Garage with 6' x20'
Porch in South East Corner
* South East Corner Post of
Porch is 10' into Easement
Double Tier Boulder wall to be
Built on UpHill side (North) of
Proposed Garage
* Proposed Boulder Wall
* Exact Specs and Install by Landscaper
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