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3 <br />cushingterrell.com <br />(2) The plight of the petitioner is due to circumstances unique to the prope rty not a consequence of <br />the petition's own action or inaction; and <br />The project site has atypical parcel access to the existing roadway than typically seen in <br />commercial centers . The parcel is located within a subdivision reviewed and approved by the <br />City but with just under 38 ft of frontage along Zane Street, options for site design and access <br />are limited. In fact, straight compliance with the 10ft driveway setback requirement is impossible <br />and would also prevent the construction of a driveway designed to meet city standards or that <br />provides an access necessary for commercial business . <br />(3) The variance, if granted, will not alter the essential character of the locality. <br />An approved driveway setback variance and proposed driveway width will not alter the character <br />of the locality. If approved, the variance will facilitate construction and development of an <br />underutilized commercial parcel within City limits with a reputable retail and auto service <br />business . Since opening the first store in Bend, Oregon, the Les Schwab Tire Center sets the <br />standard for consistently exceptional customer service. Today, the business has grown to over <br />7,000+ employees and is a trusted name in the west. Les Schwab has established itself as a <br />successful business and job producer across the west. The Elk River location is one of many <br />proposed locations in Minnesota that Les Schwab is planning to build. The Elk River location will <br />provide new opportunities for employment in Elk River and offer customers convenient <br />automotive services and a new option for reta il. <br /> <br /> <br />VARIANCE #2 SECTION 30 -934(A) MINIMUM LANDSCAPE REQUIREMENTS THE NUMBER OF TREES ON <br />THE LOT, TRACT, OR PARCEL SHALL NOT BE LESS THAN THREE PLUS THE PERIMETER OF THE <br />DESCRIBED AREA AS MEASURED IN FEET DIVIDED BY 40. <br /> <br />The proposed site design relies on a landscape design that includes 9 trees instead of the required 32 due to <br />the presence of a 75 foot Transmission Power Easement and a 10 foot Drainage and Utility Easement <br />running along the south and west property lines . <br /> <br />Total Property Line Perimeter = 1,290 LF. (Code is 1 Tree per 40 LF) = 32 trees required <br />Total Property Line within Transmission Power Easement = 560 LF <br />Total Property Line withing Drainage & Utility Easement = 474 LF <br />Total Property Line outside of Ease ment =256 LF = 6 trees + 3 trees (per code) = 9 trees <br /> <br />Approval Criteria: The variance is in harmony with the general purpose and intent of the ordinance. <br /> <br />A minimum tree requirement is typically established to promote aesthetically pleasing development, r educe <br />impervious surfaces whenever possible , and encourage thoughtful landscape design. The subject property is <br />encumbered with two utility easements which prohibit tree planting from occurring on 44% of the site. While <br />Page 25 of 29