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Strikethroughs to be removed <br />Underlines to be added <br />Last Updated January 2024 <br />3. The community development director, in consultation with the city attorney, has the <br />authority to consider and act on requests for reasonable accommodation, except that <br />requests associated with another city review or approval will be considered and decided <br />concurrently with that application. A decision must be in writing and may include the <br />imposition of conditions. In making a decision, the following factors must be considered: <br />a. whether there is a qualifying disability; <br />b. whether the request is needed to allow a disabled person equal opportunity to <br />use and enjoy a dwelling, or to live in a particular neighborhood, as a person <br />without disabilities; <br />c. whether the request is reasonable, considering such things as the potential impact <br />on surrounding uses, new construction versus an existing structure, the extent to <br />which the accommodation meets the stated need or can alternative designs <br />accomplish the need, and other alternatives that may meet that need; <br />d. whether the request would constitute a fundamental alteration of the city's <br />regulations, policies, or procedures; <br />e. whether the request would impose an undue financial or administrative burden <br />on the city; and <br />f. any other factor that may have a bearing on the request. <br />4. The director's written decision, including notice of the right to appeal, must be mailed to <br />the applicant.t. An aggrieved party may appeal the director's decision to the city council <br />by submitting a written request to the city clerk within 10 days after the decision was <br />mailed to that party. The director's decision is the final decision of the city, unless <br />properly appealed. Only the applicant has a right to appeal. <br />5. An approved request related to the use of real property is granted only to an individual <br />and does not run with the land unless the director determines that (a) the <br />accommodation is physically integrated into the residential structure and cannot easily <br />be removed or altered or (b) the accommodation is to be used by another individual <br />with a disability. <br />6. The director may require that the applicant record a covenant agreeing to comply with <br />conditions established in the determination, before the issuance of any permits related <br />to an approved reasonable accommodation with respect to the use of real property. <br /> <br />SECTION 2. That this ordinance shall take effect upon adoption and be published as <br />provided by law. <br /> <br />Passed and adopted by the City Council of the City of Elk River this 17th day of November, <br />2025. <br />Page 7 of 8