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The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community <br />engagement that encourages and inspires prosperity <br /> <br /> <br />Request for Action <br /> <br />To <br />Board of Adjustments <br />Item Number <br />5.1 <br /> <br />Meeting Date <br />July 23, 2024 <br />Prepared By <br />Chris Leeseberg, Senior Planner <br /> <br />Item Description <br />Variance: Parking Lot Setback, 16234 Jarvis St. NW - <br />The Original Collins Brothers Auto, Truck & <br />Towing <br />Reviewed by <br />Zack Carlton <br /> <br />Action Requested <br />Approve, by motion, the parking lot setback variance of 10-feet for the following reasons: <br />1. The general purpose and intent of the ordinance are met. <br />2. The property has a land use of industrial and the use is consistent with the Comprehensive Plan. <br />3. The proposed use is reasonable and is otherwise permitted in the zoning ordinance. <br />4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the <br />petitioner’s own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br /> <br />And with the following conditions: <br />1. Conditional Use Permit (CU 24-12) shall be approved and recorded. <br />2. A 100% opaque fence shall be installed on the west property line the entire length of the outdoor <br />storage area. <br />3. If the applicant wishes to construct the fence on the property line, written permission from the <br />adjacent property owner to the west shall be obtained and provided to the city. <br /> <br /> <br />Background/Discussion <br />The 2.5-acre property is zoned I-3 (General Industrial), which requires parking lots and driveways to have a <br />10-foot setback from any property line. The applicant is requesting a variance for a zero-foot setback on the <br />western property line to facilitate a back-to-back parking and storage design across both lots. <br /> <br />The parcel to the west had previously received approval for outdoor storage and has recently been acquired <br />by a new owner. This owner plans to expand the outdoor storage, possibly with a similar variance request. <br />The required 10-foot setback would leave a 20-foot wide space between outdoor storage areas, but approval <br />of a variance may provide an opportunity to utilize otherwise vacant space. <br /> <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />Page 5 of 22