RES 25-60of
'�=r City of Elk River
Ver City Council
Resolution 25-60
A Resolution of the City Council of the City of Elk River denying the
Accessory Structure and Accessory Dwelling Unit size variances at 21 131
Vernon Street NW
WHEREAS, Jennifer Belde, ("Applicant"), has applied ("Application") for a Variance
(Case No. V 25-13) to exceed the allowed square footage of Accessory Structures and
Accessory Dwelling Units in the R1a Single Family District at 21131 Vernon Street NW, Elk
River, MN ("Property"); and
WHEREAS, the record in this matter includes all of the materials submitted to the Board
of Adjustments and City Council in connection with the Variance Application; including the
staff reports and all attachments thereto, all other written materials submitted to the Board
of Adjustments and City Council, and all staff presentations and other testimony taken at the
public meetings considering the Application for the Variance, all of which is incorporated in
and made a part of the findings of fact and this resolution; and
WHEREAS, the Board of Adjustments held a public hearing on August 26, 2025, to
receive testimony and evidence from city staff, the Applicant and any other persons
regarding the Application; and
WHEREAS, the Board of Adjustments denied the Application as the request does not
satisfy all the standards required for issuance of a variance.
WHEREAS, the Application was automatically appealed to the City Council, who held a
public hearing on September 15, 2025, to receive testimony and evidence from city staff, the
Applicant and any other persons regarding whether the Application should be approved; and
WHEREAS, the Applicant and all others wishing to speak were given the opportunity to
present testimony to the Board of Adjustments and City Council; and
WHEREAS, the City Council, at the conclusion of its September 15, 2024, public hearing
on the Applicant's Application, the city attorney suggested the Council continue this item to
get review information regarding the variance as it pertains to the disability criteria.
WHEREAS, the City Council directed staff to work with the city attorney to review
information regarding the variance as it pertains to the disability criteria.
WHEREAS, the City Council, on October 6, 2025, reviewed the findings of the city
attorney and city staff during general business, and at the conclusion of their review on the
INA T VRE
Applicant's Application, directed staff to prepare a resolution making findings of fact
denying the Application as the request does not satisfy all standards required for issuance of
a variance.
NOW, THEREFORE, the City Council of the City of Elk River makes the following:
FINDINGS
1. The request exceeds the maximum ADU size of 600 square feet outlined in � 30-793
(c) and accessory structure area by 148 square feet outlined in § 30-1 "Accessory
Dwelling Unit" (6).
2. The property can be reasonably used without exceeding ordinance limits.
3. The applicant's situation is not unique but is based on garage design and economic
preference.
4. Approval would conflict with the intent of the ordinance and weaken consistency
with the Comprehensive Plan.
5. The variance, if granted, could alter the essential character of the locality.
6. City Code � 30-635 provides for analysis and findings required to be the grant of a
variance. The Application and proposed structures do not meet all required findings
in City Code § 30-635(b)(1)-(2) and (c)(1)-(3) as provided below:
City Code 5 30-635(b):
(1) The variance is in harmony with the general purpose and intent of the
ordinance.
The intent of the ADU ordinance is to ensure accessory dwellings remain
subordinate to the principal residence and to preserve neighborhood
character. The proposed ADU is approximately 60% larger than allowed,
which undermines this intent. The accessory structure limit also exists to
avoid oversized outbuildings. Approval would conflict with the ordinance's
stated purpose.
(2) The variance is consistent with the City of Elk River comprehensive
plan.
While the Comprehensive Plan does support single-family uses, it also relies
on zoning standards to ensure orderly and consistent development. The
proposed structure, exceeding both ADU and accessory size limits, is
inconsistent with those implementing standards. Therefore, the request is not
fully aligned with the Comprehensive Plan.
City Code 5 30-635(c):
(1) The petitioner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance;
I V E I E I 1 1
NATURE] URA
Reasonable use of the property exists without a variance. The ordinance
allows both an ADU up to 1,000 sq.ft. and accessory structures up to 2,500
sq. ft. Designing and constructing to standardized building dimensions is
understandable, but this also can be achieved by reducing the size of the
building from 47' to 44' therefore falling within the allowed square footages.
The property can accommodate these uses within ordinance limits and
exceeding them is not necessary to achieve reasonable use.
(2) 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 size of the attached garage is not a unique property condition but a
result of the home's design. Variances cannot be granted solely because of
personal preference or building economics. Many properties in Elk River
have smaller or larger garages; this condition is not unique and does not
justify exceeding code standards.
(3) The variance, if granted, will not alter the essential character of the
locality.
The proposed structure would be larger than permitted in the zoning district.
While indoor storage may improve site appearance, approval of a variance of
this scale could alter the character of the neighborhood by introducing
accessory dwellings that compete in size with primary residences.
Taking into consideration all the testimony and evidence received, including
statements from the applicant, staff reports, and the findings of the Board of
Adjustments, the City Council finds that the Applicant's proposal goes beyond the
intent of the ordinance and would alter the essential character of the locale. The
Applicant has not established that they met the requirements for a variance. The
variance would not be in the public interest.
DECISION
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, MINNESOTA, based upon the information received and
the above Findings, the City Council of the City of Elk River hereby denies the Variance
Application V 25-13 to exceed the allowed square footage of Accessory Structure and
Accessory Dwelling Units in the R1a Single Family District at 21131 Vernon Street NW, Elk
River, MN, Elk River, MN.
Passed and adopted this 20r' day of October 2025.
ATTEST:
J J.: ietz, i� yor
[NATURE
.B'�EAEI
Tina Allard, City Clerk
p®IEBE 11
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