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PLANNING REPORT <br /> DATE: October 13, 2011 <br /> CASE: LP2011-007, VN2011-001,NC2011-003 <br /> SUBJECT: Site Plan, Variance, and Nonconforming Use Permit to Allow Installation <br /> of a Solar Electric Array at 78101d Highway 8 SW <br /> APPLICANT: Brandon Sigrist on behalf of Barley John's Brewpub <br /> REQUEST&BACKGROUND <br /> The applicant is requesting a Site Plan, Variance, and Nonconforming Use Permit to permit <br /> installation of a solar electric array at 781 Old Highway 8 SW, known as Barley John's <br /> Brewpub. The various land use applications are required due to the following: <br /> • Site Plan: Required for construction of any new structure on commercial or industrial <br /> property. The City Attorney has advised that the solar electric array should be reviewed <br /> like any other structure, such as a shed. <br /> • Variance: Required as the proposed solar electric array does not meet required setbacks. <br /> This site is unique in that it is triangular-shaped and surrounded on all sides by roadways. <br /> • Nonconforming Use Permit: Required due to numerous nonconforming setbacks on the <br /> site. The nonconforming issues on site are related to its triangular shape and restrictive <br /> setbacks imposed on all sides due to the property being surrounded by roadways. <br /> The applicant's narrative references the need for a special use permit. This was initially <br /> requested by staff However, after discussing the proposal with the City Attorney, it was <br /> discovered that the proposed solar electric array is not a use, but rather an accessory structure as <br /> it will primarily provide electric power for only the applicant's property (and therefore is not a <br /> public utility, which does require a special use permit). <br /> ATTACHMENTS <br /> A—Resolution <br /> B—Project Location Map <br /> C—Zoning Map <br /> D—Aerial Photo <br /> E—Neighborhood Notification Map <br /> F—Applicant Narrative <br /> G—tenKsolar(solar electric array manufacturer) Information <br /> H—Interoffice Public Safety Memo dated 10/6/2011 <br /> I—Interoffice Building Official Memo dated 10/6/2011 <br /> J—Photos of Brewpub (taken 10/13/2011) <br /> K—Certificate of Survey(existing conditions) <br /> L—Proposed Conditions Survey <br /> M—Proposed Site Plan <br /> FINDINGS <br /> Sec. 5-250. Lot Standards in a B-3 District. <br /> Sec. 8-010. Site Plan Approval. <br /> Sec. 8-210. Variance. <br /> Sec. 8-460. Regulations as to Type 4 Nonconformities. <br /> SITE CHARACTERISTICS <br /> Location: 781 Old Highway 8 NW <br /> Lot Size: 0.583 acres (25,385 SF) <br /> Topography: generally flat <br />