Board of Adjustments Packet - November 25, 2025 with Presentations

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City of Elk River Definition - Water-oriented accessory structure or facility means a small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. Staff’s interpretation is the deck is detached from the house. I. Purpose of This Submission This memo is being submitted prior to the continued hearing scheduled for November 25, 2025 in order to: 1. Correct the square-footage calculation currently reflected in staff interpretation of the variance request; 2. Provide the legal basis for excluding the deck from the water-oriented structure square- foot limit under applicable ordinance and Minnesota law; 3. Request that staff update the staff report, or provide written clarification, prior to the continued hearing so that the Board is evaluating the correct variance scope; and 4. Preserve the public record, given the statutory limitations on variance denial and the appeal rights afforded under Minn. Stat. § 394.27. This memo is not intended to replace oral testimony, but to ensure accuracy and transparency in advance of the continued public hearing. II. Correction to Variance Square-Footage Calculation The current staff position frames the request as 780 sq. ft. (100 existing + 360 proposed structure + 320 deck). (see city definition) That calculation is not supported by ordinance language and materially misstates the variance request. Actual enclosed structure square footage: • Existing enclosed storage structure – 100 sq. ft. • Proposed enclosed storage expansion – 360 sq. ft. • Total enclosed structure – 460 sq. ft. (regulated) Deck square footage: • Elevated replacement deck – 320 sq. ft. (not enclosed, not used for storage) • Ground impact = 2.73 sq. ft. (13 posts) Actual variance requested: Allowed = 400 sq. ft. Proposed = 460 sq. ft. Variance requested = +60 sq. ft. Page 11 of 97