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Ility.A, Report Number 11-294 B �N Agenda Section VIII-2 Council Meeting Date October 25,2011 the city that works for you REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Consideration of a Site Plan and Nonconforming Use Permit to allow a second story office addition and associated surface parking at 778 1st ST NW. DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director CITY MANAGER'S APPROVAL: No comments to supplement this report Comments attached 15.99 Deadline: November 25, 2011 Recommendation: Adopt the Resolution provided, approving the request subject to conditions. Legislative History: October 18, 2011: The Planning Commission considered the request and held a public hearing. No persons provided testimony in opposition of the project. Bell Lumber & Pole's architect was present and answered questions. The Commission recommended unanimous approval consistent with the staff recommendation. Financial Impact: None Explanation: The applicant is requesting Site Plan and Nonconforming Use Permit approvals to allow construction of a 2,304 SF second story office addition at 778 1st ST NW, also known as Bell Lumber& Pole. Also included in the proposed improvements is construction of an additional 11 surface parking stalls, curbing, and pavement of a drive aisle, which would have a dual impact by providing the necessary parking to serve the additional office space and attempting to reduce the overall amount of dust generated on site. The Planning Commission is also seeking implementation of additional landscaping (one tree and eight shrubs), which the applicant has agreed to do. The addition is proposed to be constructed above the office addition approved in 2008 and constructed in early 2009. The applicant has stated the company has a need for additional offices, which will be provided along with an additional bathroom. There is an extensive history with this site, which is outlined in the Site History section of the Planning Report dated 10/11/2011, which is attached. This information is mainly important with regard to the nonconforming status of this property. There are many nonconformities with this property that result from this business existing in New Brighton for almost 100 years (the company established itself in New Brighton in 1919 and celebrated its 100 year company-wide anniversary this past summer). Over the years, the company has taken various approaches to gradually reduce the impact of their nonconformities. The Planning Commission discussed the nonconforming nature of this property and determined the proposal to pave a large drive area was the most practical approach to reducing nonconformities, mainly related to dust, at this time. Staff discussed examining further options to reduce dust and odor, which is discussed in the Nonconforming Use section of the attached Planning Report. The Planning Commission has asked the company to examine these issues and report back to City staff by January 31, 2012. It should be noted that unless these issues are addressed as a condition of approval, the City cannot force any improvements later on. The City's greatest leverage is to require reductions in non-