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<br />property off Zane Street efficiently and safely within the property boundaries. <br /> <br />The landscaping requirements in the ordinance require 32 trees to be planted on the subject site. Due to a <br />large easement, the applicant is proposing 14 trees. The 75-foot-wide transmission line easement located <br />along the entire west side of the property, significantly limits the ability to plant trees in this location. Elk River <br />Municipal Utilities also requires an easement along the east property line for long-term maintenance of public <br />utilities. With the remaining available property, only 14 trees can be planted. <br /> <br />Applicable Regulations <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. <br /> <br />The variance is: <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br />Driveway - The purpose and intent of the driveway setbacks is to provide adequate room for landscaping, <br />stormwater, and snow storage. The adjacent parcel is currently being utilized for a billboard and should not <br />be affected by the reduced setback. <br /> <br />Landscaping – The purpose and intent of the number of trees requirement is to establish/reestablish tree <br />counts for sustainable urban development, helping with air quality, shade and cooling, and visual appeal. <br />1. Is consistent with the City of Elk River Comprehensive Plan. <br />The property is guided for Highway Business uses. The highway business category primarily consists of a mix <br />of auto-oriented retail and service businesses, restaurants, and community and regional-scale shopping <br />centers. Highway business uses are located along Highway 169 and Highway 10 and have high visibility from <br />these corridors. The use is consistent with the Comprehensive Plan. <br /> <br />Both variances are consistent with the Comprehensive Plan. <br /> <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying with <br />the zoning ordinance. Practical difficulties mean that: <br /> <br />1. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; <br />Driveway - The driveway setback encroachment is a reasonable use of the property as it should not affect the <br />neighboring property and provides efficient and safe access within the property boundaries. <br /> <br />Landscaping – The applicant is proposing the maximum number of trees the site can support, which is <br />reasonable. <br /> <br />1. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's <br />own action or inaction; and <br />The plights (limited frontage and easements) for both the driveway and landscaping are not a consequence of <br />the petitioner's own action or inaction. The city approved the plat with these restraints. <br /> <br />1. The variance, if granted, will not alter the essential character of the locality. <br />Page 20 of 29