PC Packet 07-17-2012 - Laserfiche WebLink

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To conclude, because the applicant has not submitted sufficient information on the effect that increased traffic will have, the applicant has not met its burden of demonstrating that all the special use permit criteria of Zoning Code Section 8-130 are met. The applicant's traffic consultant prepared an email to City staff making statements about the proposed bus terminal's operations and that he doesn't think traffic will be a significant issue. However, he does state that they could study the issue in September, after the bus terminal is operational, and if there are issues the solution will be to install a four way stop at 1st ST SW and Old Highway 8 SW and an interim solution to the County Road E and Old Highway 8 SW intersection being signalized. As a practical matter it would be too late to address solutions after the fact. Furthermore, the applicant's traffic consultant is not familiar with the existing traffic conditions and his proposed solution is something Ramsey County is not comfortable with (4 way stop) or doesn't have money for (signal at County RD E). The applicant insists they proceed to final approval with the City Council on July 24th because their contract with Mounds View schools begins August 1st NONCONFORMING USE PERMIT ANALYSIS Upon submission of the updated survey, it was discovered that a nonconformity related to the parking setback adjacent to 1st Street SW is less than required by current code. Specifically, the parking lot setback is 35' when 40' is required. The drawings from the original New Brighton Lumber proposal indicated this setback was to be met. Based on aerial photos, it appears that additional area was paved sometime before 2000, thus creating the nonconformity. It should also be noted that under current code standards, new developments have the option to apply for a special use permit allowing for a side street yard parking lot setback of 20'. If this were proposed today, it's likely it would be approved with a 20' setback. Zoning Code Section 8-460(2) states that a nonconforming use permit shall be issued only when one of more of the following conditions are met (staff responses in italics): (1) The total number of nonconformities is reduced. This criterion is not met. Only one nonconformity exists and it isn't proposed to be eliminated. (2) The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. It is likely this criterion is met. Because an 8' privacy wood fence exists, the impact of the nonconformity upon adjacent premises is minimal or has no impact. (3) The extent of any nonconformity is reduced where practical. It is likely this criterion is met. Given current code standards allow a 20' side street yard parking lot setback through a special use permit, and the setback is greater than 20', it's not practical to reduce or eliminate this setback Staff finds the Nonconforming Use Permit standards to be met and would recommend approval.