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PLANNING COMMISSION PROCEEDINGS Approved CITY OF NEW BRIGHTON Regular Meeting—January 18, 2005 at 7:30 p.m. Present: Commissioners Jim O'Brien, Karen Mann, Bruce Howard , Norm Schiferl, and Paul Zisla Absent: Commissioners Larry Baker and Tom O'Keefe Also Present: Patrick Boylan, City Planner • Agenda Review: Add announcement by Bruce Howard • Approval of Minutes: December 2004 • Council Action: City Council Member, Sharon Doffing reported for Mary Burg who is ill. She reported that Mary will remain as Planning Commission liaison. Public Hearing: LP04-07, PL04-04—Preliminary Plat and Site Plan Review for a 52 unit apartment project at 221 Old Highway 8 SW—MWF Properties Consideration of an application by MWF Properties for a Site Plan and Preliminary Plat. The purpose of the request is to construct a 52-unit apartment building and subdivide the property into two lots of record. The subject site is located at 219 and 321 Old Highway 8 SW and is zoned R-3B, Multiple Family Residential. The existing 22-unit apartment building is proposed to be split off and has site non-conformities. The single family home to the south of the site (321 Old Highway 8)would be demolished and that lot would be consolidated with the remaining lot to the north for new construction. Mr. Boylan expressed concerns about the existing building. The 22 unit apartment building is approximately 20,100 square feet and due to the fact that the site does not have the required enclosed parking stalls and the existing off street parking area is not striped or contains perimeter curbing and does not have the required landscape screening, a nonconforming use permit is required. However, under Section 8-460, when Type 4 Non-conformities exist, construction of a new structure is not authorized without a Non- conforming Use Permit. Staff has advised the applicant to either bring the existing building site into conformance or apply for a Type 4 Non-conforming Use Permit. The applicant had not applied for such a permit until the day of this meeting, Mr. Boylan received a request for a Type 4 Non-conforming Use Permit and Site Plans and there was not time for adequate vetting of the information. The Staff recommends that the Planning Commission recommend denial to the City Council. David Steele of MWF Properties addressed the Commissioners, stating in his latest plan, all the non-conformities had been addressed. He relayed the amenities of the project and included information that it would be an 8.7 million dollar project, with rentals from $862 to $996 per month, appealing to annual incomes of$32,000 to $47,000. Motion by O'Brien, Second by Howard to CLOSE THE PUBLIC HEARING. I:\COMMISSIONS\PLANNING\Minutes\2005\01-18-05.doc 1