Board of Adjustments Packet June 24, 2025
Board of Adjustments
Regular Meeting
Agenda
Tuesday, June 24, 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 from May 27, 2025
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: Wetland Setback for Driveway, David Held - 20189 Meadowvale Rd NW
5.2 Variance: Zero Lot Line Setback, Todd Bialon with Jarvis LLC - 9672 163rd Ave. NW
6. MOTION TO ADJOURN REGULAR MEETING
Page 1 of 46
Meeting of the Board of Adjustments
Held at the Elk River City Hall
Tuesday, May 27, 2025
Members Present: Chair Perry Beise, Commissioner Eric Johnson, Commissioner Robert Rydberg,
Commissioner Dennis Booth, Commissioner James Zahler, Commissioner
Anthony Kaba
Members Absent: Commissioner Dornan Bland
Also Present: Councilmember Jennifer Wagner
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 Zahler to approve the
agenda. Motion carried 6-0.
4.CONSIDER MINUTES
Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the
following consent items as outlined in their respective staff reports. Motion carried 6-0.
4.1 Draft Minutes - April 22, 2025
5.PUBLIC HEARINGS
5.1 Variance: Front Yard Setback, William Brey - 18696 Queen Circle NW
Mr. Leeseberg presented the staff report.
Chair Beise opened the public hearing.
William Brey, 18696 Queen Circle NW, stated he was the applicant and stated this request was to
accommodate his growing family. He stated his current home has no more than one bedroom on each
floor, and by doing this expansion, it will allow additional bedrooms and a front door repositioning. He
stated their home was the first built in the cul-de-sac and the front door faces the neighbor's house.
They cannot expand to the rear of the home due to the river. He commented on the 25% maximum DRAFTPage 2 of 46
Board of Adjustments Minutes
May 27, 2025
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Page 2 of 3
for impervious surfaces, and noted the current plans are at 23% impervious surface.
Dan Ganfield, 18658 Queen Circle NW, stated he was against the "easy" answer of declining this,
comparing this request to another home on Lake Orono whose owner desired expansion, receiving
variances, moving the current home off the property, and created a beautiful rebuild after moving a
home. He stated he was in support of this request and excited to see what this home expansion can
provide for the Brey family.
Katie Ganfield, 18658 Queen Circle NW, reiterated Mr. Ganfield's comments and felt the home
being on a cul-de-sac makes it less likely to change the esthetics of a neighborhood.
There being no one else to speak, Chair Beise closed the public hearing.
Commissioner Rydberg agreed that the home being located in a cul-de-sac would not change the
esthetics of the neighborhood and to him, the house was built facing the wrong way. With the
improvement to the impervious surface percentage, he was in support of granting the variance request.
Chair Beise commented that every home located in a cul-de-sac where someone is requesting a setback
variance would be subject to approval if this was approved.
Commissioner Rydberg noted the applicant didn't have any control over how the house was positioned
when it was built.
Commissioner Johnson asked if staff had received any feedback from the direct neighbors.
Mr. Leeseberg stated he has not received any feedback from any of the neighbors.
Commissioner Johnson stated he feels the home's positioning is awkward. He stated he was trying to
think of how they could meet the 5 applicable regulations to approve a variance. He felt the applicant's
request to make the expansion was reasonable given the home was built prior to him purchasing it.
Commissioner Booth asked if the applicant could expand on the garage side of the home.
Commissioner Johnson asked questions about the grade.
Mr. Leeseberg stated about 4 - 6 feet.
The Board discussed the request and reviewed the 5 applicable regulations and asked to view photos of
the property. There was consensus that the plight of the petition was an awkward-shaped lot (unique),
at the end of a cul-de-sac, with no other direction to expand the home due to the river in the rear
yard.
Moved by Commissioner Johnson and seconded by Commissioner Rydberg to approve the
front yard setback variance due to the uniqueness of the property: the river in the rear
yard, and the shape of the lot has a slope prohibiting them from expanding the house to
the east.
Motion Carried 6-0.
DRAFTPage 3 of 46
Board of Adjustments Minutes
May 27, 2025
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Page 3 of 3
6. MOTION TO ADJOURN REGULAR MEETING
Moved by Commissioner Rydberg and seconded by Commissioner Booth to adjourn the
meeting. Motion carried 6-0.
The meeting adjourned at 6:51 P.M.
Minutes prepared by Jennifer Green.
___________________
Perry Beise, Chair
___________________
Tina Allard, City Clerk
DRAFTPage 4 of 46
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
June 24, 2025
Prepared By
Zack Carlton, Community Development Director
Item Description
Variance: Wetland Setback for Driveway, David
Held - 20189 Meadowvale Rd NW
Reviewed by
Joseph Hale
Chris Leeseberg
Action Requested
Approve, by motion, 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:
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.
If the Board approves the request, staff recommend 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 to 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.
Background/Discussion
The property owner, David Held, has requested a variance to encroach into the 45-foot wetland setback to
support construction of two driveways for two new residential parcels. The applicant has also submitted an
application for a simple plat, Meadow Hills, subdividing one existing parcel into three lots. The Sherburne
County Highway department requires the two new parcels to be served by a single driveway, centrally
located between the two lot lines.
As part of the platting process, the applicant completed a wetland delineation, which was approved in 2024.
The delineated wetlands create a challenge in accessing the buildable areas of the two new lots. Due to the
central access point, one driveway will get very close to a delineated wetland; the second will go through an
Page 5 of 46
existing wetland. The applicant applied for an exemption under the Wetland Conservation Act (WCA) to
permit the impact on the existing wetland. Approval of the de minimus exemption (impact to wetlands) was
received in October 2024.
Applicable Regulations
The city ordinance identifies two wetland buffers (shown in image below): first, a 25-foot no-
mow/maintenance buffer, which prohibits alterations to the established vegetation, (red) and second, an
additional 20-foot buffer prohibiting structures (orange). The proposed driveway extends 24 feet into the
wetland setback and wetland buffer area. Section 30-1852 regulates wetland setbacks. Staff have no concerns
about issuing a variance for the driveways as the location results in the least impact on wetlands due to local
and county regulations.
Variance Requirements
A variance 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
The proposed variance is in harmony with the general purpose and intent of the ordinance in that it will
support two driveways without minimal direct impact on the surrounding natural resources. The 625 SF
impact has received approval through the appropriate state-mandated process. The impact to the wetland and
the second driveway location do impact the wetland setback and buffer, but these impacts will be minimized
during the permitting process. Staff have included conditions to ensure oversight of the construction process
and ensure compliance with the WCA approval.
2. Is consistent with the City of Elk River comprehensive plan.
The variance is consistent with the City of Elk River’s Comprehensive Plan in that it supports residential
growth while providing the best possible outcome to protect wetlands and minimize costs for future
homeowners. The variance would allow for focused development in an area that has largely been developed.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying with
the zoning ordinance. Practical difficulties mean that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;
Residential uses within an existing residential area is a reasonable use of the property. The impacts to the
wetland and buffer area have been minimized.
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 central access point between the two parcels is a requirement of the Sherburne County Highway
Department. The wetland setback variance supporting development of lot 2 would not be required if a
second access point was permitted by the county. The buildable area of lot 3 is on the opposite side of the
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wetland, which provided support for the applicant's WCA application. The approved wetland impacts do not
include a large enough area to account for the driveway and the 45-foot setback as the review process looks
to minimize impacts, ultimately requiring a variance from our setback ordinances.
5. The variance, if granted, will not alter the essential character of the locality.
The proposed variance would not alter the essential character of the locality. The lots created with the
associated plat meet the minimum area and dimension requirements of the zoning district. The driveways will
serve the legal lots and are proposed to be constructed with minimal impacts on the surrounding wetland.
If the Board of Adjustments denies the request, or an appeal is made by any interested party by July 4, 2025,
the variance will be reviewed by the City Council on Monday, July 21, at 6:00p.m.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Attachments
1. Location Map
2. Plat of Meadow Hills
3. Wetland Notice of Decision
Page 7 of 46
Page 8 of 46
MEADOWVALE ROADLot 1125411091109158E169B169B169B158B346Lot 2Lot 3Block 1∆∆NO. 32)(A.K.A.COUNTYHIGHWAY∆∆∆YsSherburne County, MNVICINITY MAPSec. 19, Twp. 33, Rng. 26 19SITEPage 9 of 46
BWSR NOD Form – November 12, 2019 1
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit: Elk River County: Sherburne
Applicant Name: David Held Applicant Representative: Bogart, Pederson & Associates (Sierra Cotter)
Project Name: Held Property LGU Project No. (if any):
Date Complete Application Received by LGU: 9/30/2024
Date of LGU Decision: 10/28/2024
Date this Notice was Sent: 10/28/2024
WCA Decision Type - check all that apply
☐ Wetland Boundary/Type ☐ Sequencing ☐ Replacement Plan ☐ Bank Plan (not credit purchase)
☐ No-Loss (8420.0415) ☒ Exemption (8420.0420)
Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☒ 8 ☐ 9
Replacement Plan Impacts (replacement plan decisions only)
Total WCA Wetland Impact Area:
Wetland Replacement Type: ☐ Project Specific Credits:
☐ Bank Credits:
Bank Account Number(s):
Technical Evaluation Panel Findings and Recommendations (attach if any)
☒ Approve ☐ Approve w/Conditions ☐ Deny ☐ No TEP Recommendation
LGU Decision
☐ Approved with Conditions (specify below)1 ☒ Approved1 ☐ Denied
List Conditions:
Decision-Maker for this Application: ☒ Staff ☐ Governing Board/Council ☐ Other:
Decision is valid for: ☒ 5 years (default) ☐ Other (specify):
1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project-
specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on
the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid.
LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1.
☐ Attachment(s) (specify):
☒ Summary: The TEP discussed this application during the 10/1/2024 TEP meeting. The application is
approved for Exemption under subpart 8.
1 Findings must consider any TEP recommendations.
Attached Project Documents
☒ Site Location Map ☒ Project Plan(s)/Descriptions/Reports (specify): Application form, memo prepared
by Bogart, Pederson & Associates dated 9/30/2024.
Appeals of LGU Decisions
Page 10 of 46
BWSR NOD Form – November 12, 2019 2
If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you
received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director
along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified
below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail.
The appeal should include a copy of this notice, name and contact information of appellant(s) and their
representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why
the decision is in error. Send to:
Appeals & Regulatory Compliance Coordinator
Minnesota Board of Water & Soils Resources
520 Lafayette Road North
St. Paul, MN 55155
travis.germundson@state.mn.us
Does the LGU have a local appeal process applicable to this decision?
☐ Yes1 ☒ No
1If yes, all appeals must first be considered via the local appeals process.
Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable)
Notice Distribution (include name)
Required on all notices:
☒ SWCD TEP Member: David Wick ☒ BWSR TEP Member: Cade Steffenson
☐ LGU TEP Member (if different than LGU contact): Zack Carlton, Chris Leeseberg (City of Elk River)
☒ DNR Representative: James Bedell
☐ Watershed District or Watershed Mgmt. Org.:
☒ Applicant: David Held ☒ Agent/Consultant: Sierra Cotter (Bogart, Pederson & Associates)
Optional or As Applicable:
☒ Corps of Engineers: Project Manager
☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only):
☐ Members of the Public (notice only): ☐ Other:
Signature: On behalf of the City of Elk River
WSB
Shawn Williams, CMWP No. 1178
Date: 10/28/2024
This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a
summary of the application to members of the public upon request per 8420.0255, Subp. 3.
Page 11 of 46
1
Shawn Williams
From:Sierra Cotter <scotter@bogart-pederson.com>
Sent:Monday, September 30, 2024 8:34 AM
To:dkheld85@gmail.com; Shawn Williams; zcarlton@ElkRiverMN.gov
Subject:Held- WCA Exemption App
Attachments:22-0486.00 Held De Minimis App.pdf
EXTERNAL EMAIL
Good Morning Shawn and Zach,
Please see the attached WCA exemption application. Can you please let David know the best way for
him to get the application fee to you?
Thanks and let me know if there is anything else you need from me.
Sierra Cotter
Bogart Pederson & Associates, Inc.
13076 First Street
Becker, MN 55308
Phone (O) 763-270-6151
E-Mail scotter@bogart-pederson.com
Page 12 of 46
Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 11
Project Name and/or Number: 22-0486.00 David Held
PART ONE: Applicant Information
If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the
applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent’s
contact information must also be provided.
Applicant/Landowner Name: David Held
Mailing Address: 20225 Meadowvale Road Elk River, MN 55330
Phone: 612-865-6622
E-mail Address: dkheld85@gmail.com
Authorized Contact (do not complete if same as above):
Mailing Address:
Phone:
E-mail Address:
Agent Name: Sierra Cotter - Bogart Pederson and Associates Inc.
Mailing Address: 13076 1st Street, Becker, MN 55308
Phone: 763-270-6151
E-mail Address: scotter@bogart-pederson.com
PART TWO: Site Location Information
County: Sherburne City/Township: City of Elk River
Parcel ID and/or Address: PID No. 75-00119-1400
Legal Description (Section, Township, Range): Section 19, Twp 33 Range 26
Lat/Long (decimal degrees): N45.336973 W93.614444
Attach a map showing the location of the site in relation to local streets, roads, highways.
Approximate size of site (acres) or if a linear project, length (feet): 10.9 Acres
If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the
names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to
your application or by using block 25 of the Application for Department of the Army permit which can be obtained at:
http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform_4345_2012oct.pdf
PART THREE: General Project/Site Information
If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other
correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number.
Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The
project description must fully describe the nature and scope of the proposed activity including a description of all project elements
that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings
showing the location, character, and dimensions of all proposed activities and aquatic resource impacts.
Proposed driveway access for potential split
Page 13 of 46
Page 14 of 46
Minnesota Interagency Water Resource Application Form February 2014 Page 6 of 11
Project Name and/or Number:
Attachment B
Supporting Information for Applications Involving Exemptions, No Loss
Determinations, and Activities Not Requiring Mitigation
Complete this part if you maintain that the identified aquatic resource impacts in Part Four do not require wetland
replacement/compensatory mitigation OR if you are seeking verification that the proposed water resource impacts are either
exempt from replacement or are not under CWA/WCA jurisdiction.
Identify the specific exemption or no-loss provision for which you believe your project or site qualifies:
Sec. 82. Minnesota Statutes 2022, section 103G.2241, subdivision 9, De minimis (a) 2 : Impacts of up to one tenth of an
acre of wetland in a 50-80% area
Provide a detailed explanation of how your project or site qualifies for the above. Be specific and provide and refer to attachments
and exhibits that support your contention. Applicants should refer to rules (e.g. WCA rules), guidance documents (e.g. BWSR
guidance, Corps guidance letters/public notices), and permit conditions (e.g. Corps General Permit conditions) to determine the
necessary information to support the application. Applicants are strongly encouraged to contact the WCA LGU and Corps Project
Manager prior to submitting an application if they are unsure of what type of information to provide:
Impacts to a type 2/6 (HGM: sloped) wetland where ditching has previous occurred between the main basins. The
applicant is proposing to fill 625 sq. ft. of wetland in order to create a driveway from the road to the northern upland
portion of the parcel.
The wetland (and ditch) is NOT permanently or semi permanently flooded according the Web Soil Survey and on-site
characteristics such as vegetation type and absence of surface water hydrology indicators.
The site is not within a shoreland or floodplain district.
Therefore, the project qualifies for up to one tenth of an acre of impact (4,356 sq. ft).
Page 15 of 46
September 30, 2024
Shawn Williams
City of Elk River LGU
WSB & Associates
178 9th Street E, St. Paul, MN 55101
s.williams@wsbeng.com
Re: Wetland investigation for David Held in the City of Elk River, Sherburne County,
Minnesota. The area of interest is a 10.9-acre parcel in Section 19, T-33, R-26. Reference PID
No. 75-00119-1400.
Dear Shawn,
On September 17th, 2024, the above-mentioned parcel was investigated for wetlands via desktop
review for the purpose of a no-loss (incidental wetland) or de minimis exemption (8420.0415, A
or 8420.0420 Subpart. 8) for a potential driveway installation project. According to the criteria
described in the Army Corps of Engineers ’87 Manual – NCNE Supplement (LRR-K), the area
of proposed currently meets wetland hydrology, vegetation, and soil parameters but may be
incidental.
On 01/05/2023 an NOD was approved with a delineation map showing the “visible ditch through
possible incidental wetland area as field located.” This report is not a delineation.
Please refer to the attached supporting information that includes:
Sherburne County Parcel Map
De Minimis Exhibit
Approved Wetland Delineation (NOD 01/05/2023) and Historical Aerial Review
NWI Map
MN DNR Public Waters Inventory Map
USDA Hydric Soils Map
MN TOPO Map
Site Photos
Wetland Transect Data Sheet (2022)
Sincerely,
Sierra Cotter
BWSR Certification # 1456
Page 16 of 46
Location Map
Recieved from Sherburne County GIS viewer, Beacon, 12/01/2022
Page 17 of 46
Flag A-50
Transects
Concrete Culvert
Concrete CulvertBASIN 'A'
1375 sq. ft.
potentially
incidental wetland
Approx. 625 sq.
ft. of impact for
access
BASIN B'
Proposed Culvert
Page 18 of 46
Wetland Delineation and Historical Aerial Review
Delineation, as approved on 01/05/2023 indicated the area could be incidental wetland due to
artifical ditching. As shown below and in the delineation report, ditching in this area cannot be
seen until approximately 1991.
Page 19 of 46
Aerial Review:
Page 20 of 46
1939
Page 21 of 46
1953
Page 22 of 46
1957
Page 23 of 46
1991
Page 24 of 46
MN NDR NWI Map
Retrieved from U.S. Fish and Wildlife NWI 12/2/22
Page 25 of 46
MN Public Waters Inventory
.
Page 26 of 46
USDA Hydric Soils Map
Retrieved from WSS on 02/02/2022
Page 27 of 46
Page 28 of 46
MN TOPO Map
Page 29 of 46
Page 30 of 46
Site Photos
AOI (area of interest) for no-loss or de minimis exemption. As observed from the roadside, area
consists of canada goldenrod, smooth brome, and black eyed susan.
AOI
Page 31 of 46
AOI
Page 32 of 46
Page 33 of 46
Page 34 of 46
Page 35 of 46
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
5.2
Meeting Date
June 24, 2025
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Variance: Zero Lot Line Setback, Todd Bialon with
Jarvis LLC - 9672 163rd Ave. NW
Reviewed by
Zack Carlton
Action Requested
Approve, by motion, 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.
Background/Discussion
The 1.61-acre property is zoned I-3 (General Industrial), which requires parking lots and driveways to have a
10-foot setback from any property line. The applicant is requesting a variance for a zero-foot setback on the
eastern property line to facilitate a back-to-back parking and storage design across both lots.
The parcel to the east has previously received Conditional Use approval for outdoor storage as well as a
similar setback variance (V 24-12). This owner plans to expand the outdoor storage to their eastern property
line. The required 10-foot setback would leave a 10-foot-wide space between the two outdoor storage areas,
but approval of a variance may provide an opportunity to utilize otherwise vacant space. The outdoor storage
areas will appear and function as one use, separated by a fence. A stormwater pond serving both sites and
straddling the property line has already been constructed
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
Page 36 of 46
described below. The variance is:
1. Is in harmony with the general purpose and intent of the ordinance, and
The purpose and intent of the parking setback is to provide a buffer between properties to allow for things
such as required landscaping and small utilities. It is not uncommon for non-residential lots to have shared
access/parking across a property line. The request is in harmony with the general purpose and intent.
2. Is consistent with the City of Elk River comprehensive plan.
The property is guided as Industrial, where industrial businesses typically have driveways, parking, and
outdoor storage. The proposal is consistent with the comprehensive plan.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying with
the zoning ordinance. Practical difficulties mean that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
As it is not uncommon for non-residential lots to have shared access/parking across a property line, the
petitioner proposes to use the property in a reasonable manner. Staff have included conditions in the
accompanying CUP, to include a 100% opaque fence screening the outdoor storage area. This will allow
maximum usage of the property, while still providing a visual and physical barrier between uses. The
petitioner proposes to use the property in a reasonable manner not otherwise permitted by 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; and
The unique circumstance is that the subject property owner and the property owner to the east have been
actively working on their plans simultaneously. The proposals include outdoor storage on both lots and
eliminating the shared side yard setback between both lots will provide both property owners with an
opportunity to maximize their parcels.
5. The variance, if granted, will not alter the essential character of the locality.
If the variance is granted, it will not alter the essential character of the locale.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Attachments
1. Location Map
2. Site Plan
3. Civil Drawings
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Page 38 of 46
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LEGENDTHE SUBSURFACE UTILITY INFORMATIONDEPICTED IN THESE PLANS ARE SHOWNACCORDING TO CI/ASCE 38-02, "STANDARDGUIDELINES FOR THE COLLECTION ANDDEPICTION OF EXISTING SUBSURFACE UTILITYDATA," LEVEL D STANDARDS.Page 40 of 46
LEGENDDS830878.8Ttped878.3PowerPole9"876.024"875.1873.8874.5874.4877.4880.6880.4tcc879.08tcc877.38tcc876.25879.0tcc876.49tcc876.71877.0877.1tcc876.99876.7876.3875.9875.724"876.3FES 15"inv=873.69TtpedPowerPole875.4876.518"876.3875.728"876.4875.5874.8Ttpedtcc876.20tcc875.73tcc876.46876.5876.12tcc876.76tcc877.04877.5880.7879.8880.6880.4878.112"877.5876.612"879.4878.4877.5877.1876.70877.2tcc877.55878.0877.52879.16tcc878.83tcc878.51tcc878.72tcc879.14878.3875.3874.8875.7874.6874.5875.1876.4874.7875.6875.9876.5877.0876.2874.9874.9874.8875.4879.1A/CGGasMeterEElec.Meter881.2880.9881.2881.5880.9878.0878.6WWell876.2876.9875.5874.7874.6874.6874.8875.6877.75" 14878.8877.3875.4874.9875.4876.7878.9880.4LightPole880.7880.3879.6878.9880.4880.2880.2880.1880.1880.1879.9879.4878.4878.4879.5880.3880.7880.4881.0LightPole881.0878.8877.2879.1879.1879.28.112.1 163rd AVENUE NWS 00°54'21" W 326.04
26.166.1
24.122.22.143.9
876
878 876878880880
88
0
876873.5873.4873.6873.7872.7872.6872.7874.2876.1876.8875.9874.2872.9Water Elevation871.90Water Elevation871.88872.3873.4874.4874.4874.1872.3872.5872.3872.918.5
18.774.675.876.145.519.7
45.719.3 47.432.1
47.432.1
878.6878.1874.1878.4878.8tcc876.81876.51876.5PowerPoleTtpedtcc876.51879.6880.0878.2tcc876.59877.8tcc879.28874.1878.0875.7874.8874.8WO875.1875.4877.5880.5880.6880.6879.4878.7877.6880.0880.1878.9877.5880.6874.6875.5876.2876.6875.9874.9877.3877.6878.7877.7878.0877.4877.4877.4875.7875.0874.7877.1876.7874.4874.3873.9874.6875.1877.6877.8875.3875.7878.0877.6876.5876.0WWell876.9877.1877.3876.8875.6874.6874.6874.1874.6874.8877.0877.3878.2CcpedEElec.BoxEElec.Meter876.8876.8877.0876.6876.1876.9876.9876.4877.4878.0876.1875.4876.3877.2877.4875.6879.0880.4880.6880.9EElectricManholerim=880.14880.1880.4879.8875.8875.5875.6876.0tcc875.89tcc875.36875.20Catch Basinrim=875.09tcc875.74tcc875.94tcc876.08tcc876.18tcc876.39tcc876.57877.0876.2876.1876.7876.4876.6877.2878.1877.8877.1877.9876.8878.6877.2878.2876.6877.0877.1876.9876.7876.9877.0876.9876.8877.4877.6877.4878.0878.1876.6877.0877.5877.3876.7875.9875.2874.8874.9875.1875.0875.9875.9LightPole876.4877.2877.6877.7878.2878.4878.1wood877.2877.0876.9877.7878.0877.8877.7877.7877.8877.5878.2878.1877.818"inv=872.2318"inv=872.02Catch Basinrim=875.02876878
874874876G r a v e l
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33214.96215.0351055510
C o n c r e t eC o n c r e t eF e n c eG r a v e lBuildingBuildingShedS i g nGateC h a i n L i n k F e n c e
C h a i n L i n k F e n c eConc.tw877.9bw875.1tw879.9bw874.9tw878.2bw875.1tw880.7bw875.1C o n c.padC o n c r e t eB i t u m i n o u sO v e r h e a d W i r e sG r a v e lC h a i n L i n k F e n c eC o n c r e t eS t e p sC o n c r e t e W a l k
P a v e r s
JARVIS STREETStoopResidence B i t u m i
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F e n c eT r e e l i n eT R E E S DRAINAGE & UTILITY EASEMENTPage 41 of 46
LEGEND█
█
█150'0"75'0"150'0"75'0"Proposed BuildingFFE = 879.3ProposedConcreteWP o n d1250GalsSeptic1000GalsSeptic1000GalsSepticFuture Building96'0"40'0"96'0"40'0"Future Septic Area870.2FES 15"inv=873.69163rd AVENUE NWS 00°54'21" W 326.04
26.166.1
24.122.22.143.9Water Elevation871.90Water Elevation871.88WWellCatch Basinrim=875.09woodCatch Basinrim=875.02S i g nJARVIS STREETResidenceT r e e l i n eT R E E S
43.025.5
25.5
85.69.0
(TYP.)20.0(TYP.)40.0 57.5
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9
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5
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9
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SITE DATAEAST PARCEL:WEST PARCEL:Page 42 of 46
830LEGEND►►830█
█
█
█24"876.3FES 15"inv=873.6918"876.328"876.4876.5876.1212"877.512"879.4877.1876.70878.0877.52879.16A/CGGasMeter5" 14878.8163rd AVENUE NW26.166.1
24.122.22.143.9
876
878 876878880880
88
0
876Water Elevation871.90Water Elevation871.88876.51WWell875.6879.0880.4880.6875.20Catch Basinrim=875.09876.8878.6877.2878.2876.6woodCatch Basinrim=875.02876878
874874876S i g nO v e r h e a d W i r e s
JARVIS STREETResidenceT r e e l i n eT R E E S
150'0"75'0"150'0"75'0"Proposed BuildingFFE = 879.3ProposedConcreteW87287487687887887287
4 8761250GalsSeptic1000GalsSeptic1000GalsSepticFuture Building96'0"40'0"96'0"40'0"Future Septic Area870.2870.2873.48
7
3
.
4 872872 874876878878872874876876
Page 43 of 46
LEGEND►►W150'0"75'0"150'0"75'0"Proposed BuildingFFE = 879.3ProposedConcreteW1250GalsSeptic1000GalsSeptic1000GalsSepticFuture Building96'0"40'0"96'0"40'0"Future Septic Area870.2870.2873.48
7
3
.
4
FES 15"inv=873.69A/CGGasMeter163rd AVENUE NWS 00°54'21" W 326.04
26.166.1
24.122.22.143.9Water Elevation871.90Water Elevation871.88WWell875.6879.0880.4880.6Catch Basinrim=875.09woodCatch Basinrim=875.02S i g nJARVIS STREETResidenceT r e e l i n eT R E E S
Page 44 of 46
█
█
█
█LEGEND►►FES 15"inv=873.69163rd AVENUE NWS 00°54'21" W 326.04
26.166.1
24.122.22.143.9
876
878 876878880880
88
0
876Water Elevation871.90Water Elevation871.88WWellCatch Basinrim=875.09woodCatch Basinrim=875.02876878
874874876S i g nC o n c.padC o n c r e t eB i t u m i n o u sO v e r h e a d W i r e sC o n c r e t eS t e p sC o n c r e t e W a l k
P a v e r s
JARVIS STREETStoopResidence B i t u m i n o u
s
T r e e l i n eT R E E S
150'0"75'0"150'0"75'0"Proposed BuildingFFE = 879.3ProposedConcreteW1250GalsSeptic1000GalsSeptic1000GalsSepticFuture Building96'0"40'0"96'0"40'0"Future Septic Area870.2870.2873.48
7
3
.
4 872874872872872872872872874874878878Page 45 of 46
830LEGEND►►830█
█
█
█24"876.3FES 15"inv=873.6918"876.328"876.4876.5876.1212"877.512"879.4877.1876.70878.0877.52879.16A/CGGasMeter5" 14878.8163rd AVENUE NW26.166.1
24.122.22.143.9
876
878 876878880880
88
0
876Water Elevation871.90Water Elevation871.88876.51WWell875.6879.0880.4880.6875.20Catch Basinrim=875.09876.8878.6877.2878.2876.6woodCatch Basinrim=875.02876878
874874876S i g nO v e r h e a d W i r e s
JARVIS STREETResidenceT r e e l i n eT R E E S
150'0"75'0"150'0"75'0"Proposed BuildingFFE = 879.3ProposedConcreteW8728748768788788721250GalsSeptic1000GalsSeptic1000GalsSeptic870.2870.2872874876
87887887287487
6 876873.4TURF REINFORCEMENT MAT CATEGORY 2BERM = 874.4BERM = 874.4Page 46 of 46