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City Council Packet October 20, 2025
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City Council Packet October 20, 2025
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Applicant’s Application, directed staff to prepare a resolution making findings of fact <br />denying the Application as the request does not satisfy all standards required for issuance of <br />a variance. <br />NOW, THEREFORE, the City Council of the City of Elk River makes the following: <br />FINDINGS <br />1.The request exceeds the maximum ADU size of 600 square feet outlined in § 30-793 <br />(c)and accessory structure area by 148 square feet outlined in § 30-1 “Accessory <br />Dwelling Unit” (6). <br />2.The property can be reasonably used without exceeding ordinance limits. <br />3.The applicant’s situation is not unique but is based on garage design and economic <br />preference. <br />4.Approval would conflict with the intent of the ordinance and weaken consistency <br />with the Comprehensive Plan. <br />5.The variance, if granted, could alter the essential character of the locality. <br />6.City Code § 30-635 provides for analysis and findings required to be the grant of a <br />variance. The Application and proposed structures do not meet all required findings <br />in City Code § 30-635(b)(1)-(2) and (c)(1)-(3) as provided below: <br />City Code § 30-635(b): <br />(1)The variance is in harmony with the general purpose and intent of the <br />ordinance. <br />The intent of the ADU ordinance is to ensure accessory dwellings remain <br />subordinate to the principal residence and to preserve neighborhood <br />character. The proposed ADU is approximately 60% larger than allowed, <br />which undermines this intent. The accessory structure limit also exists to <br />avoid oversized outbuildings. Approval would conflict with the ordinance’s <br />stated purpose. <br />(2)The variance is consistent with the City of Elk River comprehensive <br />plan. <br />While the Comprehensive Plan does support single-family uses, it also relies <br />on zoning standards to ensure orderly and consistent development. The <br />proposed structure, exceeding both ADU and accessory size limits, is <br />inconsistent with those implementing standards. Therefore, the request is not <br />fully aligned with the Comprehensive Plan. <br />City Code § 30-635(c): <br />(1)The petitioner proposes to use the property in a reasonable manner not <br />permitted by the zoning ordinance; <br />
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