Loading...
09-23-2025 BOA MIN Meeting of the Board of Adjustments Held at the Elk River City Hall Tuesday, September 23, 2025 Members Present: Chair Perry Beise, Commissioner Eric Johnson, Commissioner Robert Rydberg, Commissioner Dennis Booth, Commissioner James Zahler, Commissioner Anthony Kaba, Commissioner Dornan Bland, Councilmember Jennifer Wagner Members Absent: None Staff Present: Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, and Sr. Administrative Assistant/Recording Secretary Katie Porath 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 Booth and seconded by Commissioner Zahler to approve the following consent items as outlined in their respective staff reports. Motion carried 7-0. 4.1 DRAFT Minutes - August 26, 2025 5. PUBLIC HEARINGS 5.1 Variance: Front Yard Sign Setback, James Rossman - 404 Main St NW Mr. Leeseberg presented the staff report. Chair Beise opened the public hearing. James Rossman, 321 3rd St NW, applicant, spoke in favor of granting the Variance to move the sign forward. Commissioner Rydberg asked if moving the sign forward would obstruct any utilities. Mr. Leeseberg stated there may be utilities in that area in the future and they may need to be routed under or around the sign if the Variance is approved and their currently is no easement. Board of Adjustments Minutes September 23, 2025 --------- Page 2 of 4 Chair Beise closed the public hearing. Moved by Commissioner Rydberg and seconded by Commissioner Booth to approve a 4.5 foot front yard setback variance, allowing construction of a freestanding sign for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a Land Use of Neighbor Commercial, 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. Motion carried 7-0. 5.2 Variance: Lot Width, Colleen Solors - 21538 Brook Rd NW Mr. Leeseberg presented the staff report. Chair Beise opened the public hearing. There being no one to speak to this matter, Chair Beise closed the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the lot width variance of 30 feet for one parcel adjacent to 11038 217th Avenue (75-00630- 0120), as the following standards have been met: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use guidance for rural residential, and the proposed single- family residential 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. Motion carried 7-0. 5.3 Variance: Setback Variances to Support Building Expansion, Spikes & Houles Feed, Seed, & Pet Supply - 906 US Highway 10 NW Mr. Leeseberg presented the staff report. Staff recommended approving the rear setback but denying the west side setback. The Commission discussed access to the rear of the building and questioned whether the variance for the west property line setback would impede access to the rear of the building. The Commission would like additional information from the fire department regarding any safety concerns regarding access around the building in an emergency. Board of Adjustments Minutes September 23, 2025 --------- Page 3 of 4 Commissioner Rydberg suggested a condition to require a gap in the east side parking lot to access the rear of the building. Mr. Leeseberg commented that allowing a fire lane would remove four parking spots from the business. Chair Beise opened the public hearing. Gino Pitera, applicant/owner, asked for approval of both Variances. Commissioner Booth asked about the two containers behind the building shown on the overhead map. Mr. Pitera stated they were trailers for straw and hay. The trailers can be accessed from either the east side or the west side currently. Chair Beise closed the public hearing. Commissioner Rydberg questioned the following variance standards, as stated in the memo, and felt that the improvements to the building would be positive: 2. The petitioner does not propose to use the property in a reasonable manner. 3. The essential character of the locale could be altered. Commissioner Bland commented that having more warehouse space is valuable to a business. Chair Beise stated, if the Commission denies the west side Variance, it would go to the City Council for review. That would provide time for the fire department to comment on safety concerns. Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the rear yard setback variance for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use guidance of Neighborhood Commercial 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. A full survey of the property shall be completed for the building permit. 2. The rear yard setback shall not be closer to than the existing primary building. and to deny the side yard setback variance for the following reasons: 1. The general purpose and intent of the ordinance is not met. 2. The petitioner does not propose to use the property in a reasonable manner. Board of Adjustments Minutes September 23, 2025 --------- Page 4 of 4 3. The essential character of the locale could be altered. Motion carried 7-0. Councilmember Wagner stated that the Council would discuss the safety concerns at their October 20, 2025, meeting. 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 7:17 p.m. Minutes prepared by Katie Porath. ___________________ Perry Beise, Chair ___________________ Tina Allard, City Clerk