PC Packet 10-18-2011 - Laserfiche WebLink

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Public Works/Engineering Comments Public works/engineering reviewed the proposed plans. They have requested that the applicant submit a copy of their Rice Creek Watershed District permit in advance of issuing a building permit for the proposed addition. NONCONFORMING USE PERMIT ANALYSIS Based on review of the current plans and past land use applications, it appears that the following nonconformities exist on site: 1) Parking areas less than the required setback. 2) Storage areas less than the required setback 3) Odor detectable beyond the lot line 4) Lack of concrete curbing &bituminous or concrete drive-aisles—i.e. dust 5) Fence heights and locations taller than allowed by code 6) Exterior building materials along street frontages not meeting Section 6-390 (12). These nonconformities are classified as Type 4 per Zoning Code Section 8-420. Section 8-460 (2)provides the following regulations as to Type 4 Nonconformities (staff responses in italics): Such permission may be granted only if one or more of the following conditions are met: A. The total number of nonconformities is reduced. The applicant is proposing to pave an additional 10,847 SF of existing non paved parking and drive areas. This effort will decrease the nonconformity related to dust. Additionally, construction of 11 parking stalls will require the applicant to install some curbing, another nonconformity noted above that will be slightly reduced. B. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. Over the years, the applicant has been required through the nonconforming use permit process to reduce nonconformities. With the additional area proposed to be paved, staff finds this to be the most practical attempt at this time at further reducing nonconformities. It should also be noted the applicant will be converting an existing pole storage area to parking, which is at a setback less than required by code. This nonconformity will be maintained, however its impact will likely be reduced in that parking will have less of a visual impact than the pole storage. C. The extent of any nonconformity is reduced where practical. Staff finds the proposed additional pavement aimed at reducing dust is the most practical reduction at this time of reducing the existing nonconformities. However, still today dust and odor complaints are received every summer. Because of this, staff would recommend the applicant investigate use of dust controlling chemicals deeper within the storage yard to further mitigate dust. Staff would also recommend the applicant investigate the impact off-gassing polls stored outdoors within the yard are having on the overall odor impact and what could be done to reduce the storage yard's impact on odor. Examples include covering the polls, reducing the stock of polls onsite, etc. Staff would recommend the applicant be required to report back to the City Council on these two issues by January 31, 2012. The Commission may want to consider requiring this information in advance of approving the current request if there is a desire