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ORD 26-02ver Ordinance 26-02 S._:k_ _,.ughs to be removed Underlines to be added An Ordinance Creating Chapter 2, Article 1, §2-2, Reasonable Accommodations of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 2-2. - Reasonable Accommodations of the City of Elk River Code of Ordinances shall be created to read as follows: 1. The citv has a legitimate interest in imposing regulations to protect th safeX/-,• general welfare. However.• not •- .•• -. I a t. that denies •l :! - accommodation as required by 1- federal Fair Housing Amendments Act of •:: policy to provide reasonable accommodation for persons with disabilities seeking fair and equal access to housing in compliance -with federal law. Reasonable accommodation means granting a modification or waiv regulations or policies to an individual with a disability. or to a housing develop r for individual with a disability, to eliminate barriers to housing opportunities as required b •u1 •• , • .i1 •-• 2. ' person may request•• • • of , regulations or policies by submitting a written request to the community development director, No fee is required for this application, The applicant must be an individual with a disability, his or her representative,or developer or • provider f• • • disability, application must I d- a detailed explanation of I 1- modification • �. reasonably necessary to make the specific• or program availableto the person, verificationof - disability. and any other informationrequired by I- director, request als . . iother city review oLaproval, the applicant must file the requea [9-93flitilgr41141• •� • Last Updated January 2026 L aI111 TURE StFikethFeughs to be removed Underlines to be added 3. The city administrator, or their designee, in consultation with the city attorney, has the authority to consider and act on requests for reasonable accommodation, except that requests associated with another city review or approval will be considered and decided concurrently with that application. A decision must be in writing and may include the imposition of conditions. In making a decision, the following factors must be considered: a. whether b. whether there the is a qualifying disability: request is needed to allow a disabled person equal opportunity to use and en*oy a dwelling, or to live in a particular neighborhood, as a person C. on surrounding uses, new construction versus an existing structure, the extent to which the accommodation meets the stated need or can alternative designs accomplish the need, and other alternatives that may meet that need; d. whether the request would constitute a fundamental alteration of city regulations, e. whether the request would impose an undue financial or administrative burden on the city: and 4. 1- city administrator, or •-written decision,. • - of righ - to appeal. must be mailed to the applicant, The applicant may appeal the decision to the decision mailed, The councildecision of y Only applic-a-It has a right to appeal. 5. An approved request related to the use of real property is granted only to an individual and does not run with the land unless the director determines that (a) the accommodation is physically integrated into the residential structure and cannot easily to removed or altered or (b) the accommodation is to be used by another individual with a disability, 6. The city administrator, or their designee, may require that the applicant record a covenant agreeing to comply with conditions established in the determination, before the issuance of any permits related to an approved reasonable accommodation with SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Last Updated January 2026 rIVEIII I NATURE S,;'Reth; eub to be removed Underlines to be added Passed and adopted by the City Council of the City of Elk River this 20th day of January, 2026. Jo J. Die z, May ' ATTEST: Jolene Richter, Deputy Clerk 11IEAE1 11 NATURE Last Updated January 2026 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE I do solemly swear that the notice, as per the proof, was published in the edition of the Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 01/31/2026 and the last insertion being on 01/31/2026. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By- Designated Agent Subscribed and sworn to or affirmed before me on 01/31/2026 Notary Public JACQUELlNE NUERTA r Notary Public Minnesota i My Comm sa : } Expires Jan. 31, 2029 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1516666 CITY OF ELK RIVER ORDINANCE 26-02 AN ORDINANCE CREATING CHAPTER 2, ARTICLE 1, §2-2, REASONABLE ACCOMMODATIONS OF THE CITY OF ELK RIVER, MINNESOTA, CITY CODE The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 2-2. — Rea- sonable Accommodations of the City of Elk River Code of Ordinanc- es shall be created to read as fol- lows: 1. The city has a legitimate inter- est in imposing regulations to pro- tect the public health safety, and general welfareHowever, these regulations may not be applied in a manner that denies reasonable accommodation as required by the federal Fair Housing Amendments Act of 1988 It is city policy to pro- vide reasonable accommodation for persons with disabilities seeking fair and equal access to housing in compliance with federal law. Rea- sonable accommodation means granting a modification or waiver of city regulations or policies to an individual with a disability, or to a housing developer for an individual with a disability, to eliminate barri- ers to housing opportunities as re- quired by the act. The process for making and acting upon requests for reasonable accommodation is set forth below. 2. Aperson may request the mod- ification or waiver of city regulations or policies by submitting a written request to the community devel- opment director. No fee is required for this application The applicant must be an individual with a dis- ability, his or her representative, or a developer or housing provider for an individual with a disability. The application must include a detailed explanation of why the modification or waiver is reasonably necessary to make the specific housing or program available to the person verification of the disability and any other information required by the director. If the request also requires another city review or approval the applicant must file the request con- currently with that application. 3. The city administrator or their designee in consultation with the city attorney has the authority to consider and act on requests for reasonable accommodation. ex- cept that requests associated with another city review or approval will be considered and decided concurrently with that application. A decision must be in writing and may include the imposition of con- ditions In making a decision, the following factors must be consid- ered: a. whether there is a qualifying disabift b. whether the request is needed to allow a disabled person equal opportunity to use and enioy a dwelling. or to live in a particular neighborhood, as a person without disabilities: c. whether the request is reasonable. considering such things as the potential impact on surrounding uses. new construction versus an existing structure the extent to which the accommodation meets the stated need or can alternative designs accomplish the need and other altematives that may meet that need: d. whether the reauest would constitute a fundamental alteration of city regulations, policies or procedures: e. whether the ragaest would impose an undue financial or administrative burden on the ci1ya and f. any other factor that may have a bearing on the request. 4. The city administrator, or their designee's written decision in- cluding_notice of the right to ap- peal must be mailed to the appli- cant The applicant may appeal the decision to the city council U sub- mitting a written request to the city clerk within 10 days after the deci- sion was mailed The council gets the final decision of the city. Only the applicant has a right to appeal 5. An approved request related to the use of real property is granted only to an individual and does not run with the land unless the director determines that (a) the accommo- dation is physically integrated into the residential structure and cannot easily be removed or altered or Iby the accommodation is to be used by another individual with a dis- ability. 6. The city administratorr, or their designee, may require that the ap- plicant record a covenant agreeing to comply with conditions estab- lished in the determination. before the issuance of any permits related to an approved reasonable accom- modation with respect to the use o1_ real property. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 20t' day of January, 2026. John J. Dietz, Mayor ATTEST: Jolene Richter, Deputy Clerk Published in the Star News January 31, 2026 1516666