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Request for Action <br /> <br /> <br />To Item Number <br />Board of Adjustments 5.2 <br />Agenda Section Meeting Date Prepared by <br />Public Hearing August 27, 2019 Chris Leeseberg, Senior Planner <br />Item Description Reviewed by <br />Auto-Rec Bodyworks Inc., 21475 US Highway 169 Zack Carlton, Planning Manager <br />Reviewed by <br /> 20’ Side Yard Setback, Case No. V 19-07 <br /> <br /> <br /> <br />Action Requested <br />Approve by motion, the 10’ side yard setback variance 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 residential and the use is consistent with the Comprehensive Plan. <br />3. The proposed use is reasonable and is permitted in the zoning ordinance. <br />4. The plight of the petitioner is due to circumstances unique to the property not a consequence of <br />the petitioner’s own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br /> <br />and <br /> <br />with the following condition: <br />1. The Conditional Use Permit (CU 19-14) shall be approved by the City Council and recorded <br />prior to the variance being recorded. <br /> <br />Background/Discussion <br />The property is located at 21401 US Highway 169 and is zoned C-3, Highway Commercial with setbacks <br />as follows: <br /> <br />Front: 25 feet <br />Side: 20 feet <br />Rear: 40 feet <br /> <br />The applicant is seeking a 10’ variance to construct an addition to their existing business located on the <br />subject property. The applicant is also requesting an amendment (CU 19-14) to their existing Conditional <br />Use Permit (CU 16-09). <br /> <br />The property is bound by US Highway 169 on the west with a commercial concrete business across the <br />highway, two properties the applicant owns to the south, and the ERX Motor Park (an off-road racing <br />facility) to the east and north. <br /> <br />The addition will be located west of the existing pole building and north of the “house” structure, <br />connecting all structures together. The “house” structure will be utilized as office space. <br /> <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires prosperity <br />