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10-28-2025 BOA MIN Meeting of the Board of Adjustments Held at the Elk River City Hall Tuesday, October 28, 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 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 Johnson and seconded by Commissioner Booth to approve the following consent items as outlined in their respective staff reports. Motion carried 7-0. 4.1 DRAFT Minutes - September 23, 2025 5. PUBLIC HEARINGS 5.1 Variance: Side Yard Setback, Tim St. Claire - 19072 Baldwin St NW Mr. Leeseberg presented the staff report. Chair Beise opened the public hearing. Tim St. Claire, 19072 Baldwin St NW, explained the desire for a larger deck to host family get- togethers and the constraints of his site with a water access point and a steep hill. Commissioner Bland asked if Mr. St. Claire had spoken with the neighbors about the deck design. Mr. St. Claire said they had no concerns. Board of Adjustments Minutes October 28, 2025 --------- Page 2 of 4 Commissioner Rydberg asked if there were any concerns with standing water. Mr. St. Claire responded there were no concerns. Dale and Anne Beaudry, 19084 Baldwin St NW, stated there was not enough space to get an emergency vehicle behind the home with the current setback of the deck. Mr. Leeseberg explained that the current deck does not meet setback requirements. It is grandfathered in but cannot increase the footprint. Ms. Beaudry also expressed concern that having a deck so close would affect the re-sale of the property. Chair Beise closed the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Zahler to deny the proposed variance to permit encroachment into the side yard setback, allowing construction of a deck, as the following standards have not been satisfied: 1. Not maintaining adequate separation between structures for safety, access, neighborhood consistency, and utility needs does not meet the general purpose and intent of the ordinance. 2. The property is guided for residential uses which includes decks, and the property is currently improved with a home and deck that provide reasonable residential use. 3. Expanding the deck can also be accomplished without requiring a variance but expanding the nonconformity is not necessary to allow reasonable use of the property. 4. The lot configuration and existing house placement are not unique among properties in this neighborhood. Many nearby homes have similar layouts and conforming decks within the required setbacks. 5. Enlarging the deck to encroach further into the setback could disrupt the established pattern of separation between structures, potentially altering the visual and spatial character of the area. Motion carried 7-0. The Variance request will go to the November 17, 2025, City Council meeting. 5.2 Variance: Structure Size Variance, Benjamin Poythress - 13640 Island View Dr NW Mr. Leeseberg presented the staff report. Commissioner Bland asked if variances for water oriented structures near Lake Orono are common. Mr. Leeseberg stated he does not recall doing one before. Chair Beise opened the public hearing. Andrea Poythress, 13640 Island View Dr, stated the proposed site would have limited visibility from the lake and would reduce clutter on their property. She stated that there were limited locations where a structure could be placed on their property due to the wetlands and city held drainage easements. The applicants contested the square footage listed in the packet saying the proposed project was only 60 square feet over the standards. Board of Adjustments Minutes October 28, 2025 --------- Page 3 of 4 Ben Poythress, 13640 Island View Dr, added that there were other properties around the lake that were close to the water, including a guest house. He has worked with the DNR, Sherburne County Watershed, and the city environmental department to determine the best location for a structure. Mr. Poythress stated that the current size of the shed (10x10) was too small to store some of their water equipment. Commissioner Rydberg asked if the applicant was proposing to store items under the deck. Mr. Poythress responded that the area under the deck would be open and the structure was not permanent. Chair Beise asked what type of structure it was if not permanent. Mr. Poythress clarified that there were no frost footings. Commissioner Zahler asked what made the site unique, requiring a larger building. Ms. Poythress stated the size of the structure was designed to fit the items the applicant already owned and keep them closer to the water. The Commission discussed potential solutions to work within the 400 square foot standards. They informed the applicant that, if the structure was not classified as a water-oriented structure then it would need additional review and may not even be allowed due to its location within the flood plain. Mr. Leeseberg clarified that the square footage of the deck was included in the overall amount requested of 780 square feet. Staff concern was with the size of the request, not the proximity to the water. Commissioner Bland addressed other structures around the lake that do not seem compliant. They needed to meet different standards than a water-oriented structure would need to meet. He questioned the appropriateness of applying a different ordinance standard to make it fit different criteria. Commissioner Johnson agreed that a water-oriented structure was designed to store items from the lake. If a larger structure was built, it would need to follow more stringent rules. Ms. Poythress requested a continuation of the application to a future meeting. Moved by Commissioner Johnson and seconded by Commissioner Kaba to continue the Public Hearing to the November 25, 2025 Board of Adjustments meeting. Motion carried 7-0. 5.3 Variance: Lot Size and Wetland Setbacks, Allen Perkins - 13937 196th Ave NW Mr. Carlton presented the staff report. The Commission asked if it was a better idea to vacate the city street. Mr. Carlton explained that the city had already put infrastructure into Queen Street. Chair Beise opened the public hearing. Allen Perkins, 13937 196th Ave NW, applicant, stated the intent of his request was to split the lot into two buildable lots. Board of Adjustments Minutes October 28, 2025 --------- Page 4 of 4 Chair Beise closed the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the Variance requests from Allen Perkins to support a subdivision of land with two lots below the 2.5-acre minimum lot size, and for a cul-de-sac to encroach into the wetland buffer/setback, as the following standards have been met: 1. The general purpose and intent of the ordinance are met. 2. The property is guided for residential uses, 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. and, subject to the following conditions: 1. The applicant must work with city staff to move the cul-de-sac away from the wetland as far as is practicable. 2. All areas within the 25-foot buffer must be planted with native vegetation and must be left to grow naturally. Motion carried 7-0. 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 7:29 p.m. Minutes prepared by Katie Porath. ___________________ Perry Beise, Chair ___________________ Tina Allard, City Clerk