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Agenda Section: VIII-5 <br /> CITY OF NEW BRIGHTON <br /> Report Number: 99-048 <br /> REQUEST FOR COUNCIL CONSIDERATION <br /> • Report Date: February 23, 1999 <br /> ITEM DESCRIPTION: AAA Cooper - Nonconforming Use Permit, Site Plan & Variance <br /> LP-350, NC-113 & VN-321 <br /> DEPT. HEAD'S APPROVAL: Kevin Locke,Director of Community Development <br /> MANAGER'S REVIEW/RECOMMENDATION: <br /> No comments to supplement this report___41jge---' Comments attached <br /> EXPLANATION/SUMMARY (attach supplemental sheets as necessary) <br /> To consider a request for side street(green area) setback variance,a Non-conforming Use Permit and Site Plan review. <br /> The purpose of the request is to install a gasoline fueling facility and to extend the existing paved area for parking/loading <br /> closer to 1st Avenue NW in order to provide additional maneuvering space for trucks on site. The subject property is <br /> located at 50 14th Street NW, and also has street frontage on Old Highway 8 NW and 1st Ave.NW. The following <br /> summarizes each request: <br /> ► ,SITE PLAN REVIEW. Required for the proposed construction of a new gasoline pumps and canopy. <br /> ► TYPE IV NONCONFORMING USE PERMIT. Required because the following Type IV nonconformities exist on the subject <br /> site: <br /> a. The existing setbacks for the parking area and drive aisles do not meet the required forty(40)foot front yard <br /> • and side street yard setback. The existing setback for both the front yard and the side street is twenty(20)feet. <br /> b. There is not a perimeter curb around the entire parking lot and drive aisles. <br /> ► VARIANCE. A thirty(30)foot side yard street setback variance is requested in order expand the paved surface of the <br /> parking/loading area to increase the on-site maneuvering area for trucks. <br /> FINDINGS <br /> • Section 8-010, Site Plan Review <br /> • Section 8-210,Variance <br /> • Section 8-410,Non-conforming Uses <br /> • Section 11-010, Parking Standards <br /> PAST ACTION <br /> • On February 23, 1999,The Planning Commission considered the nonconforming use permit, site plan and variance <br /> and unanimously recommended denial of each request. (Vote: 5-0) <br /> The Planning Commission felt that the applicant had not adequately addressed the nonconformities, in that the <br /> front yard green space off of 14th Street could be expanded. Additionally,the site plans were recommended to <br /> be revised to show the following: <br /> 1. The car wash facility shown at the gas pump island should be eliminated as it is not actually part of the <br /> proposal. <br /> 2. Parking lot dimensions should meet the minimum City Code requirements. <br /> 3. Handicap parking spaces should be shown. <br /> III4. Provision of additional green space off of 14th Street NW to address the nonconformity. <br /> I:X SHARE DI000NCILIREPORTS11999AJ COOPE.WPD <br />