Book #81 #98-191 to 99-051 10-13-98 to 02-23-99

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Page 5 • STAFF COMMENTS Nonconforming Use Permit It is recognized that there are uses of land, structures, and combinations which were lawfully established and which do not now comply with all applicable portions of the City Code. The subject AAA Cooper site is an example of such a use. While it is recognized that such nonconforming uses may not be summarily terminated, it is the purpose of Section 8-410 to discourage their survival. Further,the Code requires, at a minimum, the reduction of the impact of the nonconforming use. The nonconformities that exist on the subject site include the following: a. The existing setbacks for the parking area and drive aisles do not meet the required forty(40)foot front yard and side street yard setback. The existing setback for both the front yard and the side street is twenty(20)feet. b. There is not a perimeter curb around the entire parking lot and drive aisles. The applicant is proposing to address the nonconformities as best they can. Perimeter curbing will be installed around the perimeter of the off-street parking/loading and drive aisle areas,however,the front yard green space setback cannot be increased due to the location of the building. If the green space were extended,the drive-aisle around the building in this location would have to be eliminated, which would not be practical. Traffic would have to be routed around the far north end of the site, over 500 feet away. AAA Cooper has agreed to remove the canopy,gasoline pumps and underground gasoline tanks upon sale of the property. This shall be made a condition of approval of the nonconforming use permit. • Additionally, AAA Cooper has agreed to direct their truck traffic to the north on Old Highway 8 using the entrance/exit ramp to I-35W off of Highway 96, so as to keep traffic out of downtown New Brighton. Variance The applicant is requesting a thirty(30)foot variance to Section 11-020(f)of the Zoning Ordinance, which requires a 40 foot side street yard setback for parking and drive aisles. This same section of the Code allows a 20 foot side street yard setback under a Special Use Permit. The existing setback is 20 feet,however,the applicant is proposing a ten(10) foot side street yard setback from 1st Avenue NW. In considering an application for a variance, the City must make the following findings: 1. An undue hardship would be brought upon the applicant, should the variance be denied. 2. There are unique circumstances related to this site. 3. The request is in conformance with the Comprehensive Plan. 4. The variance shall not be detrimental to adjacent property or to the public as a whole. In this instance it is difficult to make the above findings, in particular, in regard to the hardship. If the City were to deny the request,the applicant would still have the ability to operate the trucking terminal in the same manner as it has operated for the many years that this site has been in existence as a truck terminal,therefore,reasonable use of the property would not be denied nor would a hardship be brought upon the applicant if the variance were denied. The granting of this variance may set a dangerous precedent for granting variances for other properties zoned I-1,that may wish to extend their parking areas closer to the street, and decrease the green space for the purpose of more maneuverability on their site. • Additionally,this site is to be rezoned to MX,Mixed Use,and therefore,the use of the property will become nonconforming. By allowing the expansion of the truck maneuvering area on the site,the City I:ISHAREDICOUNCILIREPORTS119991AAACOOPE.WPD