City Council Packet December 15, 2025

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Request for Action City of Elk River To Board of Adjustments Meeting Date December 15, 2025 Item Description Variance: Water Oriented Structure Size, Benjamin Poythress - 13640 Island View Dr NW Item Number 7.2 Prepared By Chris Leeseberg, Senior Planner Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Direct staff to draft a resolution making Findings of Fact, denying the variance to exceed the permitted size of a water -oriented storage structure, as the standards for approval, as noted below, are not met. The City Council will consider the resolution on January 20, 2026. 1. Allowing a structure nearly one and a half times the size of what is permitted within the shore impact zone does not meet the general purpose and intent of the ordinance. 2. The property has land use guidance for residential, and the proposed single-family residential use is consistent with the Comprehensive Plan. 3. The proposed use is not reasonable as the property already contains a permitted 100 sf water - oriented structure that serves the intended purpose of storing lake -related equipment. 4. There are no circumstances unique to the property that create hardship. The request results from the applicant's desire for additional space, which is a self-created condition, not a property hardship. 5. Granting the variance would permit a structure nearly twice the size allowed within proximity to the lake that could alter the essential character. Background/Discussion The applicant is requesting approval to exceed the limit of 400 sf for a water -oriented structure by proposing a combination of deck and structure improvements for a total of 590 sf. Throughout the review process, the applicant has questioned the staffs interpretation of what constitutes a Water -Oriented Structure, asserting that the deck component should not be included because it is not used for storage. Staff consulted with legal counsel, who confirmed that the deck is, by definition, a Water -Oriented Structure. These structures are not limited to storage and, per city code, include boathouses, gazebos, screen houses, fish houses, and decks. Public Hearing The Board of Adjustments (BOA) reviewed the application at its November 25, 2025, Regular Meeting. There was discussion regarding the proposed location of the Water -Oriented Structure and the limited visibility from the lake. Staff informed the Board that there are no concerns with the location and reiterated that the variance request relates solely to the structure's size. The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E U A Y engagement that encourages and inspires prosperityI Irk 447