Board of Adjustments Packet - November 25, 2025 with Presentations

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While the existing conditions exceed the maximum allowed square footage by 20 SF, a viable alternative, which the Board suggested at the October meeting, is utilizing space under the deck for storage, which may satisfy the applicants' desire for additional storage. Staff’s concern has been, and continues to be, that there is no plight/circumstances unique to the property that created a hardship to allow for an increase in personal storage. The desire for additional storage is not a hardship but a plight the property owner created. Applicable Regulations 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 Applicants’ response: This request is in harmony with the intent of the ordinance because it allows us to safely and responsibly improve existing lakeshore amenities without creating environmental impacts. The variance supports the continued use of a modest storage structure for water-oriented items (kayaks, oars, lifejackets, etc.) and the replacement of a deteriorating deck with a safe structure. Neither project contributes to erosion, runoff, or shoreline degradation. The intent of the lakeshore setback and accessory structure standards is to provide some unique storage (400 sq.ft. max) opportunities because of the relationship to a water feature and to preserve the natural character of the shoreline, protect water quality, and maintain consistency among lakeshore properties. Allowing a structure larger than what is permitted within the shore impact zone would conflict with these goals. The variance is therefore not in harmony with the purpose and intent of the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. Applicants’ response: The request is consistent with the City’s Comprehensive Plan by preserving the residential and recreational character of the lakeshore. The addition to the small storage shed ensures adequate space for water- oriented equipment, while the rebuilt deck provides safe access and enjoyment of the property. Both improvements update pre-existing structures and are compatible with the development pattern of surrounding lakeshore homes. While the property has a land use guidance for residential, and the proposed single-family residential use is consistent with the Comprehensive Plan, the plan also emphasizes protecting natural resources, especially along lakes and wetlands, by enforcing setbacks and size limitations for structures near the water. Expanding the existing water-oriented structure beyond ordinance limits is not consistent with these objectives. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Applicants’ response: The proposed improvements are reasonable uses of a lakeshore property. Expanding the existing shed provides adequate space to safely store water-oriented equipment, preventing shoreline clutter. Replacing the deteriorating deck ensures safe enjoyment of the property while aligning with typical residential lakeshore uses. The property already contains a permitted 100 sq.ft. water-oriented structure that serves the intended purpose of storing lake-related equipment. The applicant also has sufficient space elsewhere on the property to construct additional storage structures that meet ordinance requirements. The desire for additional Page 7 of 97