RES 26-04City of
Elk
River
City of Elk River
City Council
Resolution 26-04
A Resolution of the City Council of the City of Elk River approving the Water -Oriented
Structure size variance at 13640 Island View Dr NW
WHEREAS, Benjamin, ("Applicant"), has applied ("Application") for a Variance (Case
No. V 25-18) to exceed the allowed square footage of a Water Oriented Structure in the
R1 b Single Family District at 13640 Island View Dr 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 October 28, 2025, to
receive testimony and evidence from city staff, the Applicant and any other persons
regarding the Application; and
WHEREAS, the applicant requested to postpone action until the November 25, 2025,
Planning Commission meeting to provide additional time to explore alternative
solutions/designs.
WHEREAS, the Board of Adjustments continued the 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 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 December 15, 2025, to receive testimony and evidence from city
PIVEIII IY
NATURE UR
(i) The petitioner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance;
While the size of the Water -Oriented Structure exceeds the allowed
amount, the overall amount of accessory structure square footage is not
exceeded.
(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 unique circumstances are topography, wetlands, and the distance
from the lake to buildable areas on the property is a great distance.
(3) The variance, if granted, will not alter the essential character of the
locality.
The proposed structure would not alter the essential character of the
area as there are other water -oriented structures on the lake.
2. 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 meets the intent
of the ordinance and would not alter the essential character of the locale.
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 approves the Variance Application V 25-18 to
exceed the allowed square footage of a Water -Oriented Structure at 13640 Island View
Dr NW, Elk River NW, Elk River, MN.
Passed and adopted this 201h day of January 2026.
YDietz ayor
ATTEST:
�k
Jolen Ri ter, Deputy Clerk
p I V E I t I 11
NATURE