City Council Packet October 20, 2025

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They are requesting the variances to build a dual-purpose building on their property as they are planning for a father-in-law who retired last year and a disabled sister-in-law to move in with them and provide comfortable accommodations for them. Board of Adjustments The Board of Adjustment reviewed the variance request during their August 26, 2025, regular meeting, where they denied the request. City code states that decisions by the Board to deny a variance shall not be final and must be reviewed by the City Council in the same manner as an appeal of a decision by the board. The Board cited the following findings: The request exceeds the maximum ADU size by 600 sf and accessory structure area by 148 sf. The property can be reasonably used without exceeding ordinance limits. The applicant’s situation is not unique but is based on garage design and economic preference. Approval would conflict with the intent of the ordinance and weaken consistency with the Comprehensive Plan. The variance, if granted, could alter the essential character of the locality. Staff also clarified questions from the Board and neighbors pertaining to who is allowed to have an ADU, can the ADU be detached, and who can live in them. Applicable Regulations (The applicant’s responses are italicized with staff’s notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1.Is in harmony with the general purpose and intent of the ordinance, and After reviewing the criteria for Accessory Dwelling units (ADU) in Chapter 30 of the Municipal Code and consulting with Chris Leeseberg, Sr. Planner with the City of Elk River, we feel that our variance requests would improve the appearance of our property and would not permit a structure that appears inconsistent with the Municipal Codes and goals defined therein. The intent of the ADU ordinance is to ensure accessory dwellings remain subordinate to the principal residence and to preserve neighborhood character. The proposed ADU is approximately 60% larger than allowed, which undermines this intent. The accessory structure limit also exists to avoid oversized outbuildings. Approval would conflict with the ordinance’s stated purpose. 2.Is consistent with the City of Elk River comprehensive plan. When considering if we meet these criteria, I have reviewed the Elk River Comprehensive Plan available online and feel we are in alignment with the plan. Our property is currently zoned as R-1a and is defined as follows “This district is intended for primarily rural residential with accessory agricultural uses where conditions are suitable”. In the Targeted Urban Service Area Expansion portion of the plan beginning on page 26, our property moves to an R-1b, defined as follows, “This district is intended for low density single-family residential development. Subdivisions utilize on-site sewage disposal systems and private water wells. Density in this district is limited to one single-family residence per gross acre.”