CCP 10-28-2008 - Laserfiche WebLink

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• • • Page 5 of 8 of the second office building. Under the terms of the Contract, API is required to complete both buildings by December 31, 2008. While construction on the main building was substantially completed in late September, API has had difficulty trying to find users for the second building. The company is sensitive to finding an office or retail user that is compatible with their headquarters operation. As a result, the company has requested additional time to complete the second building. The company requested a 3 - year extension for the completion date. Mr. Fernelius reported API has agreed to Payment in Lieu of taxes, $9,400 in 2009, with half payable on each of May 15 and October 15; and $23,490 in each of 2010, 2011 and 2012, with half of each year's amount payable on each of May 15 and October 15 of that year. Councilmembers Bauman and Phillips expressed their appreciation for the manner in which API approached the City, Councilmember Phillips also commented on the favorable design of the current building. Rock Markon, Vice President of operations of API reported API will continue to communicate with council through this process. Motion by Councilmember Burg, seconded by Councilmember Bauman to approve the attached resolution authorizing a First Amendment to the Contract for Private Redevelop- ment by and between the City of New Brighton and API Group Headquarters, LLC regarding construction of a second office building. 5 Ayes, 0 Nays; Motion Carried 2. Consideration of an amendment to the previously approved Site Plan and Nonconforming Use Pen -nit on September 23, 2008 and a report on existing nonconfonnities for Bell Lumber & Pole Company located at 7781" Street NW. Report No. 08-283. Resolution No. 08-095. City Planner Janice Gundlach reported the revisions were necessary upon completion of an updated survey. The updated survey revealed additional nonconformities that should be considered. The revised survey notes two additional nonconformities: 1) the existing office building is setback 36 feet when 40 feet is required, and 2) the existing surface parking is setback 23feet when 40 feet is required (36 feet was shown on the 1990 survey). These nonconformities must be noted for the record and the Council consider if the nonconformities can be practically reduced. The existing office buildings setback cannot be reduced without moving/ removing a portion of the building. The nonconformity with regard to the existing surfac parking encroachment could be eliminated by removal of two parking stalls. Because the office uses on site requires 24 spaces and 27 spaces are provided, this nonconformity could be eliminated. The applicant has proposed landscaping this area with four new evergreens in an effort to reduce the visual impact. The strict interpretation of the code would require removal of these stalls. Past nonconforming use permit actions on this site have not required this but staff suspects with the inaccurate survey the level of nonconformity was not known. Thus, staff would recommend removal of these two stalls. With removal of the two parking stalls within the 40 foot front yard setback, staff has recommended approval of the revised Nonconforming Use Permit. Councilmember Phillips suggested creating a list addressing non conformities. Norm Wells, the architect for Bell Lumber and Pole reported he has addressed all issues outlined in a recent report. An overview 2. Considwation dan amendment to theproviously approved Site Plan and Ncx cwhnning UsePamit on September 23, 2008 and a mport on existing mmoonfbimities for Bell Lwnber& Pole Company located at 7781 a Stmet NW. Rgx)rt No. 08-283. Resolution No. 08-095.