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?.pProved <br />ehiferl inquired from the developer what other sort of use could the building support. Stenglein replied that <br />Ameriprise would be purchasing the building; it will not be rented out. He added that the developers and <br />Ameriprise are all willing to accept deed restrictions on the title or whatever means of control the City deems <br />necessary for control of the storage area. <br />Baker stated that the ratio of one per 200 square feet for parking may not be enough, since every business would. <br />have some need for storage. He does not want to have the citizens of New Brighton to have to police this site <br />for a change in use. Mann asked for a clarification of the occupancy levels that are on the site plan. Gundlach <br />replied that they reference the building code that shows how many people can occupy the space, not how many <br />people will actually be working in the building. <br />O'Keefe stated that the recommendation for approval has that the second floor will be used exclusively for <br />storage, but questioned if that includes the bathroom and the workout space. Gundlach replied that staff is not <br />opposed to the extra bathroom and exercise room and it can be rewritten for clarification. <br />O'Brien stated that he is not worried what may happen in the future since there are a number of checks and <br />balances, as long as it stay's storage. Mann stated that if this proposal had come before the Commission in <br />August 2006, it would not have been approved because it would require over 40 stalls. Zisla asked what the <br />difference is from this proposal and the last proposal. Gundlach replied that the building is four feet higher and <br />will have four dormers. She added that there was attic space included in the original proposal, but a user would <br />not have been able to stand in it to open file drawers and that is what is proposed now. The developer stated <br />at by raising the roof it is increasing the usable floor space of the second floor. Zisla stated that the question <br />Wif the special use permit is effective to do what it is supposed to do to regulate the storage. <br />Schiferl asked the developers if the new owners would ever use all twenty-five parking spaces. Fred Bester, <br />Ameriprise, stated that seventeen occupants are proposed for the space, and there is a very low chance of clients <br />coming to the office. Stenglein reiterated that the new owners will agree to any deed restrictions that the City <br />Attorney would like to place on the building, since they have no intentions of converting the second floor into <br />office space. <br />Motion by Zisla, second by O'Brien to APPROVE SP2007-005, LP2007-008 suBJECT TO Tim FOLLOWING <br />ADDITIONAL CONDITIONS: <br />1. The 2,778 s.f. 2nd story may used exclusively for storage purposes only. <br />2. The facades of the dormers that face west and south incorporate the same stone/decorative block accents <br />that are proposed throughout the rest of the building. <br />3. The special use permit is part of the documents that are recorded. <br />4 ayes, 2 nays. MOTION CARRIED. <br />Public Hearing: VN2007-002 Side Street Yard Setback Variance <br />The applicants are requesting a side street yard setback variance to permit a side street yard setback of 11.5 feet <br />where 30 feet is normally required. This request is necessary to replace a deck that was removed in April of this <br />Oar. The proposed 11.5 foot setback results in no larger of an encroachment than the previous deck. <br />j " Page 3 of 9