RES 26-05City of Elk River
City Council
Resolution 26-05
A Resolution of the City Council of the City of Elk River Denying a Parking
Count Variance and a Wetland Setback Variance at 17379 Twin Lakes Road
NW
WHEREAS, Patrick Briggs, ("Applicant"), has applied ("Application") for two
Variances (Case No. V 25-21), reducing the number of parking spaces required per
residential unit when developing an apartment building and a six-foot
encroachment into the wetland buffer strip setback at 17379 Twin Lakes Road 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 Variances, 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 November 25,
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, stating that the
request is the result of the Applicant's own action and that alternatives exist within
the limits of the ordinance, which does not satisfy City Code § 30-635 (c) (2); and
WHEREAS, the Application was automatically appealed to the City Council, who
held a public hearing on December 15, 2025, to receive testimony and evidence
from city staff, the Applicant and any other persons regarding whether the
Application should be approved; and
INATUREJ
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 December 15, 2024, public
hearing on the Application, directed staff to prepare a resolution making findings of
fact denying the Application as the request does not satisfy City Code § 30-635 (c)
(2), required for issuance of a variance.
NOW, THEREFORE, the City Council of the City of Elk River make the following:
FINDINGS
1. The Application requested a variance to allow construction of 2.0 parking
stalls per residential unit.
2. The request is below the 2 �h parking stalls per residential unit for multifamily
projects required in § 30-903 (2) (a).
City Code § 30-903. Minimum number of parking spaces. (2) Dwellings:
a. Multiple -family dwelling, including attached townhouses over two units
and townhomes: 2Y2 parking spaces per dwelling unit, one space of which
must be completely enclosed.
3. The Application also requested a variance to allow a portion of the
multifamily building to encroach up to six feet into the 20-foot wetland buffer
setback.
4. City Code § 30-1852 (b) prohibits principal structures and all other
impervious surfaces within the wetland buffer setback.
City Code § 30-1852. - Performance standards.
(b) Wetland buffer strip setback. A minimum 20-foot setback from wetland
buffer strips is hereby established by the city.
i. No principle or accessory structures, patios, paving, or other
impervious surface shall be located within this setback.
5. Upon reviewing the Application and receiving testimony during the
December 15, 2025, public hearing, the City Council found that the plight is
due to the Applicant's action. Furthermore, the property can be reasonably
used without a reduction to the parking requirements in Sec. 30-903 or
reducing the wetland buffer setback noted in Sec. 30-1852.
6. The Applicant's statement that the existing ingress/egress easement limits
the development potential of the property, requiring approval of the
INATUREJ
Application, does not account for possible design alternatives which would
not require a variance.
7. City Code § 30-635 describes the findings required for approval of a variance.
The Application and proposed project do not meet the required findings in
City Code, specifically City Code § 30-635 (c) (2), as provided below:
City Code § 30-635 (c) (2):
(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 Applicant noted in their Application that the variance was necessary
due to an existing ingress/egress easement that must be maintained to
ensure access for the properties to the east. The project proposal can be
modified to account for the easements presence and does not require
the variance. The plight is due to the petition's own action, and should not
be granted.
8. 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 plight stated in the Application is
a consequence of the petition's own action. The Applicant has not
established that they meet the requirements for a variance.
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 25-21, requested a reduction to the number of parking
spaces required per residential unit when developing an apartment building and a
six-foot encroachment into the wetland buffer strip setback at 17379 Twin Lakes
Road NW, Elk River, MN.
Passed and adopted this 201h day of January 2026.
ATTEST:
Jolene Richter, Deputy City Clerk
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