Laserfiche WebLink
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 />Request for Action <br /> <br />To <br />Board of Adjustments <br />Item Number <br />5.2 <br /> <br />Meeting Date <br />June 24, 2025 <br />Prepared By <br />Chris Leeseberg, Senior Planner <br /> <br />Item Description <br />Variance: Zero Lot Line Setback, Todd Bialon with <br />Jarvis LLC - 9672 163rd Ave. NW <br />Reviewed by <br />Zack Carlton <br /> <br />Action Requested <br />Approve, by motion, the parking lot east side yard 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 General Industrial and the use is consistent with the Comprehensive <br />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 25-06) shall be approved and recorded. <br />2. If the applicant wishes to construct the fence on the property line, written permission from the <br />adjacent property owner to the east shall be obtained and provided to the city. <br /> <br /> <br /> <br />Background/Discussion <br />The 1.61-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 />eastern property line to facilitate a back-to-back parking and storage design across both lots. <br /> <br />The parcel to the east has previously received Conditional Use approval for outdoor storage as well as a <br />similar setback variance (V 24-12). This owner plans to expand the outdoor storage to their eastern property <br />line. The required 10-foot setback would leave a 10-foot-wide space between the two outdoor storage areas, <br />but approval of a variance may provide an opportunity to utilize otherwise vacant space. The outdoor storage <br />areas will appear and function as one use, separated by a fence. A stormwater pond serving both sites and <br />straddling the property line has already been constructed <br /> <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />Page 36 of 46