Laserfiche WebLink
City of Elk River Definition - Water -oriented accessory structure or facility means a small, <br />aboveground building or other improvement, except stairways, fences, docks, and retaining <br />walls, which, because of the relationship of its use to a surface water feature, reasonably <br />needs to be located closer to public waters than the normal structure setback Examples of <br />such structures and facilities include boathouses, gazebos, screen houses, fish houses, <br />pump houses, and detached decks. <br />Staffs interpretation is the deck is detached from the house. <br />Purpose of This Submission <br />This memo is being submitted prior to the continued hearing scheduled for November 25, <br />2025 in order to: <br />1. Correct the square -footage calculation currently reflected in staff interpretation of the <br />variance request; <br />2. Provide the legal basis for excluding the deck from the water -oriented structure square - <br />foot limit under applicable ordinance and Minnesota law; <br />3. Request that staff update the staff report, or provide written clarification, prior to the <br />continued hearing so that the Board is evaluating the correct variance scope; and <br />4. Preserve the public record, given the statutory limitations on variance denial and the <br />appeal rights afforded under Minn. Stat. § 394.27. <br />This memo is not intended to replace oral testimony, but to ensure accuracy and <br />transparency in advance of the continued public hearing. <br />II. Correction to Variance Square -Footage Calculation <br />The current staff position frames the request as 780 sq. ft. (100 existing + 360 proposed <br />structure + 320 deck). (see city definition) That calculation is not supported by ordinance <br />language and materially misstates the variance request. <br />Actual enclosed structure square footage: <br />• Existing enclosed storage structure - 100 sq. ft. <br />• Proposed enclosed storage expansion - 360 sq. ft. <br />• Total enclosed structure - 460 sq. ft. (regulated) <br />Deck square footage: <br />• Elevated replacement deck - 320 sq. ft. (not enclosed, not used for storage) <br />• Ground impact = 2.73 sq. ft. (13 posts) <br />Actual variance requested: <br />Allowed = 400 sq. ft. <br />Proposed = 460 sq. ft. <br />Variance requested = +60 sq. ft. <br />Page 302 of 447 <br />