City Council Packet October 20, 2025

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September 26, 2025 Jennifer BeldeVia email to jennifer.belde@hennepin.us 21131 Vernon Street NW Elk River, MN 55330 Re: Variance Application –PostponementUpdate Dear Jennifer, Since the council discussion on September 15th, our city attorney has had a chance to review the application along with the additional information related to the ADA request. In reviewing the narrative and statement submitted with the application, there is not enough information to establish that the size variance is necessary to alleviate a specific burden from a qualifying disability. The applicant stated that as her sister-in-law with a disability ages, a wheelchair may be necessary in the future and that the size increase would be preferable to allow for increased mobility. While it is a reasonable request to accommodate a mobility disability, the applicant has not documented how it would be necessary at this time to allow the specific size increase requested. The city attorney further recommends that the city should create an avenue for an applicant to present evidence for a reasonable accommodation request. With his recommendation, we will be asking the City Council for direction to create this process within our ordinance. What does this mean for your current request? The City Council must make a decision to approve or deny your current application. Staff will present the Board of Adjustment’s recommendation to deny the request at the October 6th City Council meeting. Regardless of the outcome of your application, we will also seek council’s direction to begin creating the new appeal process for reasonable accommodation requests. While we do not have specifics about this ordinance/process now, we will keep you informed as the draft progresses. Sincerely, Chris Leeseberg Senior Planner 763.635.1033 cleeseberg@ElkRiverMN.gov 13065 Orono Parkway Elk River, MN 55330 763.635.1000 ElkRiverMN.gov