06-24-2025 BOA MIN
Meeting of the Board of Adjustments
Held at the Elk River City Hall
Tuesday, June 24, 2025
Members Present:
Chair Perry Beise, Commissioner Eric Johnson, Commissioner Robert Rydberg,
Commissioner Dennis Booth, Commissioner James Zahler, Commissioner
Anthony Kaba, Commissioner Dornan Bland
Members Absent: None
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 Johnson and seconded by Commissioner Booth to approve the
agenda. Motion carried 7-0
4. CONSIDER MINUTES
Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the
following draft minutes as outlined in the packet. Motion carried 7-0.
4.1 Draft Minutes from May 27, 2025
5. PUBLIC HEARINGS
5.1 Variance: Wetland Setback for Driveway, David Held - 20189 Meadowvale Rd NW
Mr. Carlton presented the staff report.
Commissioner Rydberg asked if the proposed driveway to the east lot is currently dividing the wetland
or is there a culvert under it.
Mr. Carlton felt there would need to be a culvert to keep the hydrologic connection and water flow
active but will check with environmental staff.
Chair Beise opened the public hearing. There being no one to speak, Chair Beise closed the public
hearing.
Board of Adjustments Minutes
June 24, 2025
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Page 2 of 3
Moved by Commissioner Booth and seconded by Commissioner Rydberg to approve the
Variance request for David Held to allow a driveway to encroach up to 1-foot from a
delineated wetland, and into the wetland setback ordinance, 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 conditions:
1. The plat of Meadow Hills must be approved by the City Council and recorded with
Sherburne County.
3. The applicant shall work with staff for an on-site review of the driveway location prior
to beginning construction activities.
4. All areas within the 25-foot wetland buffer strip and 20-foot wetland buffer strip
setback that are not part of the driveway or side slope shall not be maintained as yard
areas (no mowing, planting, or landscaping) and must be left to grow naturally.
5. All conditions and best practices outlined by the Wetland Conservation Act via the
Technical Evaluation Panel decision shall be satisfied.
Motion Carried 7-0.
5.2 Variance: Zero Lot Line Setback, Todd Bialon with Jarvis LLC - 9672 163rd Ave. NW
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 Rydberg to approve the
parking lot east side 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 General Industrial 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.
And with the following conditions:
1. Conditional Use Permit (CU 25-06) shall be approved and recorded.
2. If the applicant wishes to construct the fence on the property line, written
permission from the adjacent property owner to the east shall be obtained and
provided to the city.
Motion Carried 7-0.
Board of Adjustments Minutes
June 24, 2025
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Page 3 of 3
6. MOTION TO ADJOURN REGULAR MEETING
Moved by Commissioner Johnson and seconded by Commissioner Booth to adjourn the
meeting. Motion carried 7-0.
The meeting adjourned at 6:42 p.m.
Minutes prepared by Jennifer Green.
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Perry Beise, Chair
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Tina Allard, City Clerk