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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 />5.2 <br /> <br />Meeting Date <br />December 16, 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 />The Planning Commission reviewed the proposed Reasonable Accommodation Ordinance on October 28, <br />2025, and was concerned that individuals could use the appeal process for applications beyond the scope and <br />intent of the proposed ordinance — creating a potential variance loophole. They also had questions about <br />listing staff as the approver for the requests and the burden that places on them. <br /> <br />Per the Commission's request, the city attorney will be present during the meeting to answer their questions <br />about the proposed ordinance amendment. <br /> <br />The city council directed staff to work with the city attorney and draft an ordinance providing an opportunity <br />to request “variances” specifically related to ADA and the Fair Housing Act (FHA) requirements. This would <br />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. Please note that this proposed <br />ordinance would not be just for land use requirements (Planning) but to be utilized by all departments. <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, like many other areas within the ordinance, if there is a disagreement on the application <br />of the ordinance. <br /> <br />The proposed ordinance, drafted by the city attorney, is in the attached Planning Commission memo dated <br />October 28, 2025. <br /> <br />Financial Impact <br />None <br />Page 32 of 57