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4 <br />cushingterrell.com <br />a reduction in trees is needed, the proposed project includes a professionally designed landscape plan <br />created to align with the look and feel of parcels already developed in the area and otherwise comply with <br />city requirements. The proposed landscape design is aesthetically pleasing using a variety of trees & shrubs <br />and aligns with drainage design best practices. <br /> <br />Approval Criteria: The variance is consistent with the City of Elk River comprehensive plan. <br /> <br />The approval of a variance from a tree minimum will facilitate site conditions necessary for Les Schwab Tire <br />Center to conduct normal business operations in an area of town planned for commercial activity. The <br />proper ty is located within the Urban Service boundary, zoned Highway Commercial (C3) and is guided by the <br />Highway Business land use category and the Highway 10/169 Commercial Economic Development Character <br />Area as defined in the 2021 City of Elk River Comprehens ive Plan Update. Policies and recommendations for <br />the Commercial Character areas are intended to strengthen and leverage unique economic opportunities in <br />Elk River and support job creation and the enhanced delivery of goods and services in the city. The pr oposed <br />location is an ideal site for the new Les Schwab Tire Center, with an approved variance Les Schwab will join <br />other national retailers already in the area , to provide service and shopping opportunities for community <br />members <br /> <br />Approval Criteria: Varia nces may be granted when the petitioner establishes that there are practical <br />difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute <br />practical difficulties. Practical difficulties include, but are not limited to , inadequate access to direct sunlight <br />for solar energy systems. Practical difficulties means that: <br />(1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance; <br /> <br />The variance request to reduce the total number of trees will facilitate the commercial use of the <br />property. Commercial uses are permitted within the Highway Commercial district. <br /> <br />(2) The plight of the petitioner is due to circumstances unique to the property not a consequence of <br />the petition's own a ction or inaction; and <br /> <br />The subject property is unique in that it is encumbered 75 foot Transmission Power Easement <br />and a 10 foot Drainage and Utility Easement. The easements effectively prohibit trees from <br />being planted in 44% of the site. The Transmissio n Easement was in place at the time of the <br />subdivision and the Utility and Drainage Easement is required in order to meet design standards <br />and combined create a circumstance not typical to a commercial lot. <br /> <br />(3) The variance, if granted, will not alter the essential character of the locality. <br /> <br />A variance from the minimum tree requirement will not alter the character of the locality. If <br />approved, the variance will facilitate construction and development of an underutilized <br />commercial parcel within City limits. Since opening the first store in Bend, Oregon, the Les <br />Page 26 of 29