CCP 11-22-2011 - Laserfiche WebLink

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CApproved (B) Brandon Sigrist on behalf of Barley John's Brew Pub requests a Site Plan, Nonconforming Use Permit, and Variance to permit installation of a solar electric array at 781 Old Highway 8 SW. City Planner Gundlach reported that the applicant is requesting the following land use applications for property located at 781 Old Highway 8 SW(Barley John's Brewpub): • Site Plan—allows construction of a new structure on commercial &industrially used properties. • Variance — allow reduced front yard setbacks along both Old Highway 8 SW and Long Lake Road. • Nonconforming Use Permit — recognition of several existing nonconformities and an analysis of the possibility to practically reduce any of those nonconformities. • The applicant is proposing to construct a solar electric array at the north end of the property. The proposed solar electric array is considered an accessory structure as its sole purpose is to offset electrical costs for the brewpub. The array structure will be mounted on a 45' x 15' concrete slab at grade, verses the roof, and consist of roughly 520 SF. The area would be enclosed with a 3 1/2 foot fence. An access point off Long Lake Road in the rear would be eliminated and a retaining wall would be constructed so that the array would be at the same level of the existing parking lot. Staff examined the relevant B-3, General Business zoning district standards. Other than setbacks, the proposed array meets the applicable standards. A variance is required for reduced setbacks along Old Highway 8 SW and Long Lake Road. Also, the applicant's plans depict a 4' fence when the code only allows a 3 %2' fence in the front yard. The applicant has agreed to reduce the fence height to 3 %2'. Staff examined the proposed landscaping against the not-yet-adopted landscaping ordinance and found the number of plantings required under the ordinance is greatly less than the landscaping proposed on the plans. Both Public Safety and the Building Official have expressed concerns with regard to fire safety. Public Safety has also acknowledged the solar array might attract vandals. The Building Official is confident the Fire Code will address the safety issues. An unrelated code enforcement issue regarding outdoor storage will have to be corrected. The proposed improvements include reduced setbacks of 4' and 8' when 30' are normally required adjacent to Old Highway 8 SW and Long Lake Road. Zoning Code Section 8-210 allows the granting of a Variance when it meets the standards of Minnesota Statutes, Section 462.357, Subdivision 6. Staff considered the following factors as practical difficulties unique to this property: • Triangular shape • Streets on all sides (defined fronts for enforcement of setbacks) • Buildable area is roughly only 1/4 of the total land area of the lot—setbacks overlap resulting in highly reduced buildable area • Unusually wide undeveloped boulevards on Long Lake Road and Old Highway 8 SW of 25' and 50' are present providing adequate separation of the array structure from the road. Staff finds the proposed use of the area for solar power is a much more appropriate use in the setback area than a building or parking lot, which is more of an active use of space vs. a passive use. With the proposed landscaping, the area likely will still be viewed as open space. Staff would recommend to 5