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The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community <br />engagement that encourages and inspires prosperity <br /> <br />Request for Action <br /> <br />To <br />Planning Commission <br />Item Number <br />4.1 <br /> <br />Meeting Date <br />October 28, 2025 <br />Prepared By <br />Chris Leeseberg, Senior Planner <br /> <br />Item Description <br />Ordinance Amendment: Reasonable Accomodation <br />Appeal Process, City of Elk River <br />Reviewed by <br />Zack Carlton <br /> <br />Action Requested <br />Recommend approval of the Ordinance Amendment creating an appeal process for reasonable <br />accommodations under the Americans with Disabilities Act. <br /> <br /> <br />Background/Discussion <br />At the September 15, 2025, City Council meeting, the Council reviewed an application for a Variance (Case <br />No. V 25-13) to exceed the allowed square footage of Accessory Structures and Accessory Dwelling Units. <br /> <br />During the meeting, the applicant stated the variance would support an individual with a disability. At that <br />meeting, the city council directed staff to work with the city attorney and draft an ordinance providing an <br />opportunity to request “variances” specifically related to ADA and the Fair Housing Act (FHA) requirements. <br />This would be an avenue for an applicant to present evidence of a Reasonable Accommodation request. <br /> <br />The ordinance will establish a Reasonable Accommodation process as a means of granting a modification or <br />waiver of city regulations or policies to an individual with a qualifying disability. <br /> <br />The proposed process would give the community development director, in consultation with the city <br />attorney, the authority to consider and act on requests. This type of request would not be a public hearing <br />nor be reviewed by the Board of Adjustment or City Council. The applicant would also have the right to <br />appeal staff's decision if there is a disagreement on the application of the ordinance. <br /> <br />Financial Impact <br />None <br /> <br />Mission/Policy/Goal <br />Ethical, efficient, and responsible. <br /> <br />Attachments <br />1. Reasonable Accommodation Ordinance DAFT <br /> <br /> <br />Page 5 of 8