Board of Adjustments Packet - May 26, 2026
Board of Adjustments
Regular Meeting
Agenda
Tuesday, May 26, 2026
6:30 PM
Elk River City Hall
▪ Regular meeting in Council Chambers
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. CONSIDER AGENDA
4. CONSIDER MINUTES
4.1 DRAFT Minutes - March 24, 2026
5. PUBLIC HEARINGS
An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments
become part of the official public record. For this reason, all comments must be made at the podium so they can be heard
and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to
questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding
additional testimony.
5.1 Variance: Septic Tank, Justen Hemmelgarn, 15725 Jarvis St NW
5.2 Variance: Residential Subdivision, Craig Dollansky, 14045 Ranch Rd NW
5.3 Variance: Building Variance, Jason Snoddy, 20072 Lander St NW
6. MOTION TO ADJOURN REGULAR MEETING
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Meeting of the Board of Adjustments
Held at the Elk River City Hall
Tuesday, March 24, 2026
Members Present: Chair Perry Beise, Commissioner Eric Johnson, Commissioner Robert Rydberg,
Commissioner Dennis Booth, Commissioner Anthony Kaba, Councilmember
Jennifer Wagner
Members Absent: Commissioner Dornan Bland
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 Rydberg and seconded by Commissioner Booth to approve the
agenda. Motion carried 5-0.
4. CONSIDER MINUTES
Moved by Commissioner Booth and seconded by Commissioner Kaba to approve the
following consent items as outlined in their respective staff reports. Motion carried 5-0.
4.1 DRAFT Minutes - November 25, 2025
5. PUBLIC HEARINGS
5.1 Variance: Outbuilding Addition, Michael Gatzke - 19227 Tyler St NW
The staff report was presented.
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
side yard setback Variance request to encroach up to six feet into the required 20-foot
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Board of Adjustments Minutes
March 24, 2026
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Page 2 of 2
side yard setback, for the following reasons:
1. The general purpose and intent of the ordinance are met.
2. The property has land use guidance of Mixed Residential, 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 5-0.
6. MOTION TO ADJOURN REGULAR MEETING
Moved by Commissioner Booth and seconded by Commissioner Johnson to adjourn the
meeting. Motion carried 5-0.
The meeting adjourned at 6:35 p.m.
Minutes prepared by Katie Porath.
___________________
Perry Beise, Chair
___________________
Jolene Richter, Deputy City Clerk
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The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Board of Adjustments
Item Number
5.1
Meeting Date
May 26, 2026
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Variance: Septic Tank, Justen Hemmelgarn, 15725
Jarvis St NW
Reviewed by
Zack Carlton
Action Requested
Approve, by motion, the 5’ building setback variance, 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 industrial, and the proposal 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 with the following conditions:
1. The septic tank shall not be closer than 5-feet to the building.
2. All required permits shall be obtained prior to installation.
3. The system shall be installed by a licensed septic contractor and inspected as required.
4. The septic system improvements shall be installed in accordance with plans submitted and approved by
the city and applicable regulatory agencies.
5. Any future expansion of the building or increase in plumbing fixtures shall require review for
compliance with applicable septic and zoning regulations.
Background/Discussion
The applicant is requesting a variance to permit the installation of an additional septic tank closer to the
existing building than allowed under current regulations. The required setback is 10 feet, and the applicant is
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requesting a 5-foot setback. The purpose of the request is to address an existing deficiency in the sanitary
sewer system serving the building.
The property is developed with a commercial office/warehouse building containing four restrooms serving
approximately eight employees. The applicant is not proposing to expand the use, increase occupancy, or add
additional plumbing fixtures. Rather, the request is to maintain functionality of two existing restrooms that
have experienced recurring operational issues.
Based on information provided by a licensed septic contractor, the existing sewer line lacks adequate slope
(approximately 1/8 inch per foot versus the required 1/4 inch per foot), resulting in sewer backups and
freezing during winter months. To remedy this, the applicant proposes installation of an additional septic tank,
which would allow wastewater to be conveyed via directional boring to the existing septic system and drain
field.
Due to site constraints, including the presence of a utility easement and existing underground utilities, the
proposed tank location at approximately five (5) feet from the building represents the most feasible option.
Applicable Regulations
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance:
1. Is in harmony with the general purpose and intent of the ordinance, and
Applicants’ response: This variance is being requested to fix an ongoing and previously existing septic pipe draining
issue from our two existing back bathrooms. We feel this is an appropriate solution to maintain the existing facilities
within our building.
The requested variance is consistent with the intent of the ordinance, which is to promote safe and functional
site design while protecting public health and welfare. The proposal is intended to correct existing sanitary
sewer deficiency and ensure proper wastewater management. No expansion of use or intensity is proposed.
Staff find the request to be in harmony with the ordinance.
2. Is consistent with the City of Elk River comprehensive plan.
Applicants’ response: The variance is consistent with the City of Elk Rivers comprehensive plan.
The property is guided as Industrial under the City’s Comprehensive Plan. The proposed improvement
supports continued viable use of the existing structure and does not introduce any land use inconsistencies.
Staff find the request to be consistent with the Comprehensive Plan.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying with
the zoning ordinance. Practical difficulties means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
Applicants’ response: Our application is only to request the variance of the code to have these tanks located 5' (Feet)
from the edge of the existing building. Based on the location of the utility easement next to the property line and the
existing power and gas utilities that run within this easement, 5' is the furthest we can be away from the building in
order to make this design work within our existing limitations.
The applicant is proposing a reasonable use of the property by maintaining functional restroom facilities within
an existing industrial building. Without the variance, the applicant would face continued system failures with
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limited practical alternatives due to site constraints. The request represents a reasonable solution to a
physical limitation of the site.
4. 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
Applicants’ response: This circumstance is to address an existing problem that has been present since we purchased
the property in 2025. We are unsure if this was an existing issue with the previous owner.
The need for a variance is driven by existing site conditions, including inadequate sewer line slope and the
location of utility easements and underground infrastructure. These conditions limit feasible placement
options for the septic tank. The issue appears to predate the applicant’s ownership of the property and is not
the result of their actions. Staff find this criterion is met.
5. The variance, if granted, will not alter the essential character of the locality.
Applicants’ response: This variance will not alter the essential character of this property and it will not affect any of the
existing utilities serving our property or the property behind us. all of this work will take place underground and not
change the appearance of the property.
The proposed septic tank will be located underground and will not result in any visible changes to the site or
surrounding area. The use of the property will remain unchanged, and no impacts to adjacent properties are
anticipated. Staff find the variance will not alter the essential character of the locality.
Financial Impact
None
Mission/Policy/Goal
Ethical, efficient, and responsible.
Attachments
1. V 26-03 Location Map
2. Narrative
3. Site Plan 1
4. Site Plan 2
5. Presentation
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Legal Description of Property
The narrative is your opportunity to describe, promote, and sell your proposal to the
Board of Adjustment and City Council (if needed) and should explain your request in
detail and how the five criteria are met in order to be granted a variance.
We are proposing to add a septic tank per the attached document. Currently, the existing
septic line from our two existing warehouse bathrooms to the septic tank does not have
enough pitch for proper flow. Code states 1/4" drop. Rotz Septic has found it to be, at
most, an 1/8" drop. Rotz had determined this to be the cause of the sewer backups and
freezing we encountered this past winter. This past winter being the first winter we
owned this building. Rotz has proposed adding the additional tanks as a solution to the
issue. By adding the additional tanks, we are able to directionally bore to the existing
septic tank and pump it into the existing drain field. We have 8 employees with 4 existing
bathrooms. We will not be adding any additional bathrooms regarding this variance, we
are requesting this to keep two of our existing bathrooms functioning. This property
serves and is zoned as a commercial office / warehouse and can never be used as a
residential dwelling.
A variance may be granted by the board only if it finds that:
The variance is in harmony with the
general purpose and intent of the
ordinance
This variance is being requested to fix an
ongoing and previously existing septic pipe
draining issue from our two existing back
bathrooms. We feel this is an appropriate
solution to maintain the existing facilities
within our building.
The variance is consistent with the City of
Elk River Comprehensive Plan (discuss with
city staff if needed)
The variance is consistent with the City of
Elk Rivers comprehensive plan.
Variances may be granted when the petitioner establishes that there are practical
difficulties in complying with the zoning ordinance. Practical difficulties means that:
The petitioner proposes to use the
property in a reasonable manner not
permitted by the zoning ordinance
Our application is only to request the
variance of the code to have these tanks
located 5' (Feet) from the edge of the
existing building. Based on the location of
the utility easement next to the property
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line and the existing power and gas utilities
that run within this easement, 5' is the
furthest we can be away from the building
in order to make this design work within
our existing limitations.
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
This circumstance is to address an existing
problem that has been present since we
purchased the property in 2025. we are
unsure if this was an existing issue with the
previous owner.
The variance, if granted, will not alter the
essential character of the locality
This variance will not alter the essential
character of this property and it will not
affect any of the existing utilities serving
our property or the property behind us. all
of this work will take place underground
and not change the appearance of the
property.
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Variance
Hemmelgarn
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Background
§Requesting a setback variance to install septic tank closer
to the existing building than allowed
§Address an existing deficiency in the sanitary sewer system
serving the building
§Setback required10-feet
§Proposing 5-feet
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Applicable Regulations
§Staff’s analysis of the application shows compliance with
all the 5 standards required for approval of the variance
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Action Requested
§Approve, by motion, the building setback variance request
to encroach up to 5-feet in the required 10-foot side yard
setback for the reason outlined in the memo
and
§With the 5 conditions outlined
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City Council Meeting
§If denied, or an appeal is received by June 5, 2026, the
council will also conduct a public hearing on June 15, 2026
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The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Board of Adjustments
Item Number
5.2
Meeting Date
May 26, 2026
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Variance: Residential Subdivision, Craig Dollansky,
14045 Ranch Rd NW
Reviewed by
Zack Carlton
Action Requested
Approve, by motion, a variance from Section 30-1852, Subd. a.i and Subd. b.i of the Land Development
Ordinance to allow driveway and impervious surface encroachments within required wetland buffer and
wetland buffer setback areas, 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 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.
Approve, by motion, a variance from Section 30-895, Subd. 2 of the Land Development Ordinance to allow a
driveway setback of two feet from the side property line where five feet is required, 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 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.
And with the following conditions:
1. Any wetland impacts shall be subject to review and approval by the applicable Technical Evaluation
Panel (TEP), watershed authority, and all applicable regulatory agencies.
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2. The final driveway alignments shall be substantially consistent with the concept plan submitted with the
application.
3. All required permits and approvals from outside agencies shall be obtained prior to issuance of grading
or building permits.
4. Any future modifications to the approved driveway alignments or wetland impacts may require
additional review and approval by the City.
Background/Discussion
The applicant is requesting approval of two variances associated with a proposed five-lot residential
subdivision on approximately 57.06 acres of land at 14045 Ranch Rd NW. The property contains an existing
residence and accessory structure and is characterized by extensive wetlands, a DNR waterbody, and
overhead transmission line easements.
The proposed subdivision consists of five large rural residential lots meeting the minimum lot area and lot
width requirements of the R1a zoning district. Due to the location and configuration of the wetlands, access
to portions of the developable upland area requires limited driveway crossings through wetland buffer areas
and minor reductions to the driveway setback where the driveways nearly converge to minimize wetland
impacts.
Elk River Municipal Utilities indicated getting power to lot 3 and 4 could be an issue. With those long runs,
underground power lines and transformers will need to push up to those lots along or through driveways.
The applicant is requesting the following variances:
Variance 1
A variance from Section 30-1852, Subd. a.i and Subd. b.i to allow driveway and impervious surface
encroachments within the required wetland buffer and buffer setback areas where 25-foot buffers and 20-foot
setbacks are required.
Variance 2
A variance from Section 30-895, Subd. 2 to allow a driveway setback of two feet from the side property line
where five feet is required.
Applicable Regulations
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance:
1. Is in harmony with the general purpose and intent of the ordinance, and
Applicants’ response:
Variance #1 – This variance is in harmony with the general purpose and intent of the ordinance. The purpose
of buffers is to preserve and protect wetlands. The land on the northeast side of the project is inaccessible
without wetland impacts. The proposed driveway crossing is necessary to provide access to this portion of the
site and is located to limit disturbance while avoiding a larger roadway or extensive impacts.
The requested wetland buffer variance is consistent with the purpose and intent of the ordinance
because the proposed driveway crossings are intended to provide reasonable access while minimizing
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overall disturbance to the wetland system. The applicant has demonstrated that the crossings are
located in a manner intended to reduce impacts to the greatest extent practical. Concentrating the
access crossings in limited areas avoids the need for larger roadway systems or more extensive
disturbances elsewhere on the site.
Variance #2 – This variance is in harmony with the general purpose and intent of the ordinance. The purpose
of the side yard setback is to provide separation between lots and avoid conflicts related to drainage, utilities,
and adjacent properties. The requested reduction is limited to a short segment of the driveway where
placement is constrained by the location of the wetland. The reduced setback allows the driveway to be located
in a manner that avoids the need for a more negative and noticeable impact to the wetlands.
The requested driveway setback variance is also consistent with the intent of the ordinance. The
purpose of side-yard setbacks for driveways is to maintain separation between lots and avoid conflicts
related to drainage, utilities, and adjacent property use. In this case, the reduced setback occurs only
within a limited segment of the driveway corridor where environmental constraints exist. Allowing the
driveways to shift closer together minimizes the overall wetland disturbance and represents a
reasonable balancing of the ordinance objectives.
Staff find both requests are in harmony with the general purpose and intent of the zoning ordinance.
2. Is consistent with the City of Elk River comprehensive plan.
Applicants’ response:
Variance #1- This variance is consistent with the City of Elk River comprehensive plan. The plan promotes low
density and low impact development, and this variance would allow for development consistent with these goals.
While there is an impact to the wetlands, the location of this improvement is the minimum impact possible
while still developing the area at the intended density and type of development guided for the area.
The property is guided Rural Residential under the Comprehensive Plan, which supports lower-density
residential development that preserves the rural character of the area. The proposed subdivision
consists of large residential lots that are compatible with surrounding development patterns and
consistent with the intended land use guidance.
Variance #2 – This variance is consistent with the City of Elk River comprehensive plan. This area is guided for
lower density residential development, and the driveway placement in this area provides access while
maintaining a low-intensity development pattern. The land that would be accessible with this variance would be
developed with large lot residential that is unlikely to be split or subdivided further, which enhances the rural
character guided for the area.
The requested variances facilitate access to otherwise buildable portions of the property while
maintaining the low-density character envisioned by the Comprehensive Plan. The proposed driveway
alignments allow the applicant to limit environmental impacts while preserving substantial wetland
areas and open space throughout the development.
Staff find the requests are consistent with the goals and policies of the Comprehensive Plan.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying with
the zoning ordinance. Practical difficulties means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
Applicants’ response:
Variance #1 – The proposed use of the property is in a reasonable manner. Subdivision is an expected activity
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in this area. The proposed impact to the wetlands allow access to a portion of the property that otherwise
meets buildability requirements and is not accessible without some wetland impacts.
The proposed use of the property for large-lot residential development is reasonable and consistent
with both the zoning classification and Comprehensive Plan guidance for the area. The lots comply
with the minimum lot area and width requirements of the R1a district, and the requested variances are
limited in scope to addressing access constraints created by the site’s environmental features.
Variance #2 – The proposed use of the property is in a reasonable manner. The ability to subdivide the
property and develop at the density and design shown is common in this area and expected. The setback
reduction allows the driveway to provide access without requiring more intensive impacts to the surrounding
wetlands.
Without the requested variances, access to portions of large areas of developable upland would be
significantly restricted due to the location of the wetlands. The applicant has demonstrated that the
proposed driveway configuration represents a reasonable solution that minimizes impacts while
allowing use of the property in a manner anticipated by the zoning district.
Staff find the applicant is proposing reasonable use of the property.
4. 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
Applicants’ response:
Variance #1 – The plight of the petitioner is due to circumstances unique to the property and not consequences
of the petitions own action or inaction. The property contains a large wetland that creates a physical barrier
between the existing public street and additional portions in the northeast corner of the site that meet the City’s
buildability requirements. The location of the wetlands on the property prevent access to these areas without
some impact.
The property contains extensive wetlands and environmental constraints that physically separate
portions of the buildable upland areas from the existing public roadway. These conditions are unique
to the property and were not created by the applicant.
Variance #2 – The plight of the petitioner is due to circumstances unique to the property and not consequences
of the petitions own action or inaction. The property contains a large and connected wetland that physically
separates the buildable upland area from the existing public street. This condition limits access to a large
portion of the site. Due to the wetlands on the lot, it is not possible to meet the required side yard setback for
the driveway and minimize wetland impacts while also providing access to the buildable area. The setback
reduction in the small area shown on the exhibit would allow access and minimize overall impacts to wetlands.
The configuration and location of the wetlands significantly limit potential access locations and
driveway alignments. The requested wetland buffer encroachments and limited driveway setback
reductions are directly related to these existing site constraints and are not the result of actions by the
property owner.
Staff find the practical difficulties are caused by unique physical characteristics of the property.
5. The variance, if granted, will not alter the essential character of the locality.
Applicants’ response:
Variance #1 – If granted, the variance will not alter the essential character of the locality. There are wetlands
spread throughout the area, and the impact would be minor compared to other alternatives. The entirety of the
development would still be large lot and rural in character which would match the essential character of the
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area. There would still be large sections of buffers around the larger wetlands and waterbodies that promote
this rural character with the variance on the remaining portions of the lot.
The surrounding area is characterized by large lots, rural residential development patterns, wetlands,
and natural open space. The proposed subdivision maintains that character through the creation of five
large residential lots consistent with surrounding development.
Variance #2 – If granted, the variance will not alter the essential character of the locality. The driveway setback
reduction will only be along a small portion of the entire driveway shown for the planned lots. In order to reduce
the impacts to the wetland, the driveways are brought closer together while still remaining separate. If the
driveways maintained the required setback of five feet the entirety of the lot, the location would require a much
larger wetland impact and would not bring any additional benefits and may create more noticeable and visibly
different character to the area. The reduction would not stand out compared to the nearby developments as
the driveways will remain at least five feet from the property line the remainder of the way to the proposed
homes.
The requested variances are limited in nature and largely confined to driveway access areas that will
not substantially alter the visual or functional character of the area. The reduced driveway setback
applies only to a small portion of the proposed access alignment, and the wetland encroachments are
intended to minimize broader impacts that could otherwise occur with alternative designs.
Staff find the requested variances will not alter the essential character of the locality.
Financial Impact
None
Mission/Policy/Goal
Improve citizen quality of life.
Attachments
1. V 26-04 Location Map
2. Site Plan
3. Site Plan-Zoomed
4. Narrative
5. Presentation
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WETWETWETWET627' CUL-DE-SACNEW DRIVEWAYTO EXISTING HOUSETWO SEPARATE DRIVEWAYSFOR ACCESS ON EITHER SIDEOF THE PROPERTY LINE FORLOTS 3 AND 4319206 SQ. FT.7.33 Ac.943434 SQ. FT.21.66 Ac.117709 SQ. FT.2.70 Ac.RANCH ROAD NW - HWY 33RANCH ROAD NW - HWY 33MN DNR WaterbodyWetland AreaWetland AreaWetlandAreaEx. HouseEx. Struct.Ex. HouseEx. Struct.1Wetland Area2345946047 SQ. FT.21.72 Ac.DRIVEWAY SETBACK TO PROPERTY LINE REDUCEDTO 2FT WHEN CROSSING THROUGH THE WETLAND,WETLAND BUFFER, OR REQUIRED SETBACK TOWETLAND BUFFER.25
'25FT WETLAND BUFFER SETBACK LINE25'25'25FT WETLAND BUFFERSETBACK LINE25FT WETLAND BUFFERSETBACK LINE25'109217 SQ. FT.2.51 Ac.Concept 1.3DOLLANSKY PROPERTY • Elk River, MNResidential Lot Layout • 04.30.2026SITE SUMMARY·Gross Existing Site Area:57.06 Acres·Wetland Area:16.71 Acres·Total R.O.W. Dedication Area:0.13 Acres·Net Developable Area:40.22 AcresLandform® and Site to Finish® are registered service marks of Landform Professional Services, LLC.NORTH0200YIELD·New Lots @ Min. 2.5 Acres:5CITY ORDINANCE CRITERIA·Current Zoning: R-1a, Single Family Residential·Current Land Use: Rural Residential·Adjacent Land Use: Farming & Rural Residential·Adjacent Zoning: R-1a and R-1b·Future Land Use Designation: Single Fam. Res.·Proposed Zoning: R-1A, Single Fam. Res.·Overlay District: - -·Min. Lot Size: 2.5 Acre per code·Min. Lot Width: 160ft (applies to R-1a & R-1b)·Min. Lot Depth: - -·Front Yard Setback (or streetside): 35ft·Side Yard Setback (interior): 20ft·Side Yard Setback (garage): 20ft·Rear Yard Setback: 30ft·Structure & driveway setback to wetlands: 45ft·Wetland Buffer width: 20ft·Min. R.O.W. Local Street: 60ft·Typical Street Width: 32ft·Cul-de-sac R.O.W. Min. Radius: 60ft·Building Coverage Limit: 25%·Accessory Building Ht: is capped at 22 ft. for R-1a,and 15 ft. for R-1b (both limited to one story).·D&U Easement Width Requirement: 10ft·Proposed Density: 0.12 Units Per Acre·Density Bonus Available: Must use Open SpacePreservation Plat requiring community septic.Page 28 of 74
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Legal Description of Property
The narrative is your opportunity to describe, promote, and sell your proposal to the
Board of Adjustment and City Council (if needed) and should explain your request in
detail and how the five criteria are met in order to be granted a variance.
On behalf of Craig Dollansky, and 4-Pillars, Landform Professional Services, LLC is please
to submit this application for a Concept Plan Review and two Variances for “Dollansky
Property in Elk River” consisting of 5 lots on two (2) combined parcels #75-00107-1300
and PID #75-00107-2405, at 14045 Ranch Rd NW, Elk River, MN 55330. The combined
parcels total 57.06 acres and contains an existing home and accessory structure. The site
includes large power lines and a power line easement. There are wetlands throughout
the site and a DNR waterbody. Our concept plan proposes subdividing the parcels into
five (5) large residential lots.
The property is guided Rural Residential and zoned R1a – Single Family Residential. This
development would meet the development goal of large lot residential development for
this area and meets the design and dimensional standards for the zone except for the
variances requested below.
Proposed lots follow the building setbacks stipulated in the zoning code and each lot is at
least 2.5 acres in size. Additionally, each lot width meets the minimum 160ft requirement
(measured at the setback).
Two separate driveways for access follow the common property line of lots 3 and 4 is the
solution for accessing the large areas of developable land across the wetlands. This
requires two variances from the City Code. The variances are as follows:
- Variance #1- A variance from Section 30-1852, Subd. a.i and Subd. b.i of the Land
Development Ordinance for a zero-foot setback for paving and impervious surface
improvements within a required wetland buffer and buffer setback where 25 feet is
required for a buffer and 20 feet for the setback from said buffer. The driveways will go
through the wetland at two points that attempt to create the smallest impacts possible.
As the TEP is still needed for any final impacts and designs, the request is for a zero-foot
buffer and zero-foot setback in these areas. It is possible there will be small buffers
provided with the final design of the driveways.
- Variance #2- A variance from Section 30-895, Subd. 2 of the Land Development
Ordinance for a driveway setback of two feet from the side property line where five feet
is required. There are two areas where this reduction is needed and it is only when the
driveway enters into the required wetland buffers and setback from the buffer. All other
areas along the driveway meet the required setback.
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We respectfully request review of this Concept Plan and two variances application of 5
proposed residential lots at #75-00107-1300 and PID #75-00107-2405, at 14045 Ranch
Rd NW, Elk River, MN 55330. Thank you, we are excited to work with you to begin this
project.
A variance may be granted by the board only if it finds that:
The variance is in harmony with the
general purpose and intent of the
ordinance
Variance #1 – This variance is in harmony
with the general purpose and intent of the
ordinance. The purpose of buffers is to
preserve and protect wetlands. The land on
the northeast side of the project is
inaccessible without wetland impacts. The
proposed driveway crossing is necessary to
provide access to this portion of the site
and is located to limit disturbance while
avoiding a larger roadway or extensive
impacts.
Variance #2 – This variance is in harmony
with the general purpose and intent of the
ordinance. The purpose of the side yard
setback is to provide separation between
lots and avoid conflicts related to drainage,
utilities, and adjacent properties. The
requested reduction is limited to a short
segment of the driveway where placement
is constrained by the location of the
wetland. The reduced setback allows the
driveway to be located in a manner that
avoids the need for a more negative and
noticeable impact to the wetlands.
The variance is consistent with the City of
Elk River Comprehensive Plan (discuss with
city staff if needed)
Variance #1- This variance is consistent
with the City of Elk River comprehensive
plan. The plan promotes low density and
low impact development, and this variance
would allow for development consistent
with these goals. While there is an impact
to the wetlands, the location of this
improvement is the minimum impact
possible while still developing the area at
the intended density and type of
development guided for the area.
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Variance #2 – This variance is consistent
with the City of Elk River comprehensive
plan. This area is guided for lower density
residential development, and the driveway
placement in this area provides access
while maintaining a low-intensity
development pattern. The land that would
be accessible with this variance would be
developed with large lot residential that is
unlikely to be split or subdivided further,
which enhances the rural character guided
for the area.
Variances may be granted when the petitioner establishes that there are practical
difficulties in complying with the zoning ordinance. Practical difficulties means that:
The petitioner proposes to use the
property in a reasonable manner not
permitted by the zoning ordinance
Variance #1 – The proposed use of the
property is in a reasonable manner.
Subdivision is an expected activity in this
area. The proposed impact to the wetlands
allow access to a portion of the property
that otherwise meets buildability
requirements and is not accessible without
some wetland impacts.
Variance #2 – The proposed use of the
property is in a reasonable manner. The
ability to subdivide the property and
develop at the density and design shown is
common in this area and expected. The
setback reduction allows the driveway to
provide access without requiring more
intensive impacts to the surrounding
wetlands.
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
Variance #1 – The plight of the petitioner is
due to circumstances unique to the
property and not consequences of the
petitions own action or inaction. The
property contains a large wetland that
creates a physical barrier between the
existing public street and additional
portions in the northeast corner of the site
that meet the City’s buildability
requirements. The location of the wetlands
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on the property prevent access to these
areas without some impact.
Variance #2 – The plight of the petitioner is
due to circumstances unique to the
property and not consequences of the
petitions own action or inaction. The
property contains a large and connected
wetland that physically separates the
buildable upland area from the existing
public street. This condition limits access to
a large portion of the site. Due to the
wetlands on the lot, it is not possible to
meet the required side yard setback for the
driveway and minimize wetland impacts
while also providing access to the buildable
area. The setback reduction in the small
area shown on the exhibit would allow
access and minimize overall impacts to
wetlands.
The variance, if granted, will not alter the
essential character of the locality
Variance #1 – If granted, the variance will
not alter the essential character of the
locality. There are wetlands spread
throughout the area, and the impact would
be minor compared to other alternatives.
The entirety of the development would still
be large lot and rural in character which
would match the essential character of the
area. There would still be large sections of
buffers around the larger wetlands and
waterbodies that promote this rural
character with the variance on the
remaining portions of the lot.
Variance #2 – If granted, the variance will
not alter the essential character of the
locality. The driveway setback reduction
will only be along a small portion of the
entire driveway shown for the planned lots.
In order to reduce the impacts to the
wetland, the driveways are brought closer
together while still remaining separate. If
the driveways maintained the required
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setback of five feet the entirety of the lot,
the location would require a much larger
wetland impact and would not bring any
additional benefits and may create more
noticeable and visibly different character to
the area. The reduction would not stand
out compared to the nearby developments
as the driveways will remain at least five
feet from the property line the remainder
of the way to the proposed homes.
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Variance
Dollansky
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Background
§Requesting approval of two variances associated with a
proposed five-lot residential subdivision
§Encroachment within the required wetland buffer and
buffer setback areas
§Encroachment into the side yard setback
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Background
§Property has extensive wetlands, a DNR waterbody, and
overhead transmission line easements
§Access to portions of the developable upland area requires
limited driveway crossings through wetland buffer areas
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Background
§Variance 1 to wetland setbacks needed to access to
developable land
§Variance 2 to side yard setbacks for driveway reduces
wetland impacts
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Applicable Regulations
§Staff’s analysis of the application shows compliance with
all the 5 standards required for approval of the variance for
both variances
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City Council Meeting
§If denied, or an appeal is received by June 5, 2026, the
council will also conduct a public hearing on June 15, 2026
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The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Board of Adjustments
Item Number
5.3
Meeting Date
May 26, 2026
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Variance: Building Variance, Jason Snoddy, 20072
Lander St NW
Reviewed by
Zack Carlton
Action Requested
Approve, by motion, the setback variances supporting construction of a house, as the following standards
have been met:
1. The general purpose and intent of the ordinance are met.
2. The property has land use guidance for residential, and the proposed single-family residential use is
consistent with the Comprehensive Plan.
3. The proposed use is reasonable and 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 before the variance is recorded, the following conditions must be met:
1. A soil engineering report, prepared and signed by a licensed professional engineer, will be required for
the proposed house location. The report must verify that the existing soil conditions are adequate to
support the proposed construction and comply with applicable building code and septic code
requirements.
2. A report, prepared and signed by a licensed professional septic designer, will be required for the
proposed septic system location. The report must verify that the existing soil conditions are adequate
to support the proposed system and comply with applicable septic code requirements.
Deny, by motion, the setback variances for the construction of a detached accessory structure, as the
following standards are not met:
1. The general purpose and intent of the ordinance, protecting wetlands and buffers, are not met.
2. The plight of the petitioner is due to the petitioner requesting to construct a detached accessory
structure larger than the property can support without affecting wetland buffers.
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Background/Discussion
The applicant is requesting a variance for a house and detached accessory structure on a 2.5-acre parcel
constrained by wetlands with fragmented upland areas that significantly limit the placement of structures,
utilities, and associated site improvements.
The proposed development includes:
• A single-family slab-on-grade residence measuring approximately 44 feet by 61 feet;
• A compliant septic system and drain field;
• A private well; and
• A future 48’ x 32’ detached accessory structure (shed)
The property was platted in 1986, well before the city's wetland ordinance, and due to the configuration and
extent of the wetlands, strict compliance with all setback requirements would severely limit placement of a
home on the parcel and could force impacts into environmentally sensitive areas. The applicant is therefore
requesting a variance to allow construction of a home within the only practical buildable area of the site.
They are also seeking a front yard setback variance to allow for a 48’ x 32’ shed near the southeast portion of
the property. The shed can be constructed without needing any variance, which in turns provides adequate
area for the driveway not to be located in the wetland buffer strip.
Applicable Regulations
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance:
1. Is in harmony with the general purpose and intent of the ordinance, and
Applicants’ response: The requested variance remains consistent with the intent of the zoning ordinance, which
is to promote orderly development while protecting environmentally sensitive features. The proposed site plan
avoids wetland impacts, preserves natural drainage patterns, and minimizes land disturbance. The variance
allows development to occur in the only practical upland area while still respecting environmental protections.
Staff find the home request is consistent with the general purpose and intent of the zoning ordinance.
The intent of setback regulations is to ensure orderly development, protect neighboring properties,
and preserve environmentally sensitive features. The proposed variance allows a house to be
constructed within the limited upland area while avoiding direct wetland impacts. The proposal
preserves natural features to the greatest extent practicable and minimizes disturbance to the site.
The requested house variance represents a reasonable accommodation of site constraints while still
maintaining the broader intent of the ordinance.
2. Is consistent with the City of Elk River comprehensive plan.
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Applicants’ response: The proposal is consistent with the goals of the Elk River Comprehensive Plan, which
supports low-density residential development in rural and semi-rural areas while encouraging environmental
stewardship. The plan does not promote unnecessary disturbance of wetlands, and this proposal achieves
residential use while preserving those resources.
The request is consistent with the Comprehensive Plan. The property is planned for low-density
residential use, and the proposed single-family residence is compatible with the planned land use
designation and surrounding development pattern.
Additionally, the Comprehensive Plan encourages preservation of natural resources and
environmentally sensitive areas. The proposal achieves residential development while avoiding
encroachment into delineated wetlands, which is consistent with the environmental stewardship goals
of the Comprehensive Plan.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
Applicants’ response: The petitioner proposes a reasonable residential use that is typical and expected for a
parcel of this size and zoning classification. Without the variance, the property cannot be developed in a
practical manner due to the limited buildable area. The request enables a standard single-family home,
necessary utilities, and a customary accessory outbuilding.
Staff find the proposed residential use of the property reasonable. The applicant is proposing a
residential use that is typical for similarly zoned rural residential parcels. The proposed home, septic
system, well, and accessory structure are all standard improvements reasonably associated with
residential development.
Without a variance, the constrained upland area would make practical placement of a house extremely
difficult or infeasible. The request represents the minimum relief necessary to allow reasonable use of
the parcel.
4. 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
Applicants’ response: The need for the variance is due to unique physical circumstances of the property—
specifically, the presence and configuration of delineated wetlands. These conditions are not typical of other
parcels in the area and were not created by the petitioner. The constraints are inherent to the land itself. The
plight of the petitioner is not the result of any action or inaction. The wetlands and resulting limitations that
existed prior to the petitioner’s development plans. The request is a direct response to these pre-existing
environmental constraints.
Staff find the practical difficulty is caused by unique physical characteristics of the property, specifically
the presence and configuration of delineated wetlands that fragment the available upland area.
These environmental constraints are inherent to the property and were not created by the applicant.
The need for the variance for the house is therefore not the result of actions or inaction by the
petitioner, but rather due to pre-existing natural site conditions unique to the parcel.
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The requested location of the shed is a result of the action of the applicant and as noted, the shed can
be constructed without needing any variance. Staff are not supportive of the variance request for the
shed.
5. The variance, if granted, will not alter the essential character of the locality.
Applicants’ response: The proposed development will not alter the essential character of the surrounding area.
The home size, placement, and future accessory structure are consistent with nearby residential properties. The
outbuilding is modest in scale (40’ x 40’) and located in a buildable upland area in the front of the parcel,
minimizing visual and environmental impact.
Staff find the proposed development will not alter the essential character of the surrounding area. The
proposed house and future shed are consistent with the character of other residential properties in
the vicinity.
The placement of house is driven by environmental limitations rather than an attempt to intensify
development. The proposal maintains the rural residential character of the area while preserving
wetlands and minimizing visual impacts.
Staff find the house setback variance request satisfies the required variance criteria and allows reasonable use
of a uniquely constrained parcel while minimizing impacts to delineated wetland buffers. Staff recommend
approval of the requested house setback but again, do not recommend approval of the setback variance for a
detached accessory structure as the property appears to be able to support a detached accessory structure
while maintaining required setbacks and therefore protecting wetlands and buffers.
Staff are recommending that documentation be submitted, prior to recording the variance, showing the
property can physically support a house and septic system to ensure the site is buildable. If the site cannot
support these amenities, the need for a variance is moot.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - agile
Attachments
1. Location Map
2. Narrative
3. Survey Submitted 5-8-2026
4. Staff Exhibit 1
5. Staff Exhibit 2
6. Presentation
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Page 51 of 74
Legal Description of Property
Lot 1, Block 4, M-Vale, Sherburne County, Minnesota
The narrative is your opportunity to describe, promote, and sell your proposal to the
Board of Adjustment and City Council (if needed) and should explain your request in
detail and how the five criteria are met in order to be granted a variance.
Variance Narrative – Residential Building Site Placement
This narrative is submitted in support of a variance request to allow reasonable use of
the 2.5-acre residential parcel at 20072 Lander St NW that is constrained by delineated
wetlands.
Property Description and Site Constraints
The property contains delineated wetland areas that significantly limit the placement of
structures and onsite utilities. These wetlands create fragmented and irregularly shaped
upland areas, restricting the ability to meet standard setback requirements while
accommodating necessary improvements.
The remaining buildable area must support:
A single-family residence (44 feet wide by 61 feet deep, slab-on-grade)
A compliant septic system and drain field
A private well location
A future 40-foot by 40-foot accessory outbuilding
Due to the configuration of the wetlands, there is no feasible way to place all required
elements in full compliance with current zoning setbacks without encroaching into
protected areas or creating impractical site conditions.
Conclusion
The requested variance represents the minimum necessary adjustment to allow
reasonable use of a constrained parcel. The proposal respects the natural limitations of
the site, avoids wetland impacts, and remains consistent with both local zoning intent
and long-range planning goals.
Approval of this variance will allow the property to be developed in a responsible and
practical manner while maintaining the character and environmental integrity of the
area.
A variance may be granted by the board only if it finds that:
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The variance is in harmony with the
general purpose and intent of the
ordinance
Harmony with the General Purpose and
Intent of the Ordinance
The requested variance remains consistent
with the intent of the zoning ordinance,
which is to promote orderly development
while protecting environmentally sensitive
features. The proposed site plan avoids
wetland impacts, preserves natural
drainage patterns, and minimizes land
disturbance. The variance allows
development to occur in the only practical
upland area while still respecting
environmental protections.
The variance is consistent with the City of
Elk River Comprehensive Plan (discuss with
city staff if needed)
Consistency with the Comprehensive Plan
The proposal is consistent with the goals of
the Elk River Comprehensive Plan, which
supports low-density residential
development in rural and semi-rural areas
while encouraging environmental
stewardship. The plan does not promote
unnecessary disturbance of wetlands, and
this proposal achieves residential use while
preserving those resources.
Variances may be granted when the petitioner establishes that there are practical
difficulties in complying with the zoning ordinance. Practical difficulties means that:
The petitioner proposes to use the
property in a reasonable manner not
permitted by the zoning ordinance
Reasonable Use of the Property
The petitioner proposes a reasonable
residential use that is typical and expected
for a parcel of this size and zoning
classification. Without the variance, the
property cannot be developed in a practical
manner due to the limited buildable area.
The request enables a standard single-
family home, necessary utilities, and a
customary accessory outbuilding.
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
Unique Circumstances of the Property
The need for the variance is due to unique
physical circumstances of the property—
specifically, the presence and configuration
of delineated wetlands. These conditions
are not typical of other parcels in the area
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and were not created by the petitioner. The
constraints are inherent to the land itself.
Not Created by the Petitioner
The plight of the petitioner is not the result
of any action or inaction. The wetlands and
resulting limitations that existed prior to
the petitioner’s development plans. The
request is a direct response to these pre-
existing environmental constraints.
The variance, if granted, will not alter the
essential character of the locality
Preservation of the Essential Character of
the Locality
The proposed development will not alter
the essential character of the surrounding
area. The home size, placement, and future
accessory structure are consistent with
nearby residential properties. The
outbuilding is modest in scale (40’ x 40’)
and located in a buildable upland area in
the front of the parcel, minimizing visual
and environmental impact.
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ofCERTIFICATE OF SURVEYJASON SNODDY19837 Truman Dr.Big Lake, MN, 55309REVISIONS
1.
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DRAWN BY:
ISSUE DATE:
TJB
5/8/26M-VALEElk River, MNf:\jobs\11501 - 11520\11514 - m-vale\cad c3d\survey\11514.001.dwgSave Date:05/08/26FILE NO: 3012
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Variance
Snoddy
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Background
§Requesting a variance for a house constrained by wetlands
with fragmented upland areas that significantly limit the
placement of structures, utilities, and associated site
improvements
§Clarification - they are not asking for a variance for an
accessory structure
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Background
§The property was platted in 1986
§well before the city's wetland ordinance
§Due to the configuration and extent of the wetlands, strict
compliance with all setback requirements would severely
limit placement of a home on the parcel
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Applicable Regulations
§Staff’s analysis of the application shows compliance with
all the 5 standards required for approval of the variance
§and allows reasonable use of a uniquely constrained parcel
while minimizing impacts to delineated wetland buffers
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Action Requested
§Approve, by motion, the building setback variance request
to encroach into the Wetland Buffer Strip Setback and
encroachment in the Wetland Buffer Strip for just the
driveway
and
§With the 2 conditions outlined
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City Council Meeting
§If denied, or an appeal is received by June 5, 2026, the
council will also conduct a public hearing on June 15, 2026
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