PC Packet 10-18-2011 - Laserfiche WebLink

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Staff is also recommending that the ornamental grasses and sunflowers are extended, in a manner consistent with what is currently shown on the landscape plan, along the fence on the Old Highway 8 SW side of the array. This will reduce the impact on having a less than required setback adjacent to Old Highway 8 SW. Lastly, the boulevard areas along both Long Lake Road and Old Highway 8 SW are unusually large, 25' and 50' respectively. This ensures that adequate separation exists between the street and array, which is the intent of a setback. Staff would recommend approval of the variance because of the points noted above. NONCONFORMING USE PERMIT ANALYSIS There are several nonconforming issues on the property. These nonconformities are a direct result of the island effect of the property being surrounded by streets, the triangular-shape, and the restrictive setbacks. The nonconformities on site include: • Building setbacks less than required by code • Parking setbacks less than required by code • Required number of off-street parking stalls less than required by code & lack of parking stall striping • The number of access points greater than allowed by code Section 8-420 identifies the above noted nonconformities as Type 4 nonconformities. Section 8- 460 allows nonconforming uses to continue when one or more of the following conditions are met (staff responses in italics): (1) The total number of nonconformities is reduced. The applicant is proposing to close off the access point from Long Lake Road. The Zoning Code allows only two access points per property under common ownership. The applicant's property contains four access points. Removal of the Long Lake Road access point reduces the number of access points from 4 to 3. Currently, the site is lacking appropriate striping of parking stalls. The applicant is proposing to re-stripe the stalls in conjunction with this project. This contributes to the overall reduction in nonconformities. This also reduces the nonconformity related to an insufficient number of off- street parking stalls because when the stalls are striped,parking is more organized and efficient. It should also be noted that the applicant has stated that number of off-street stalls on site has always been sufficient for the brewpub's use and the installation of the array will not impact parking demand. (2) The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. Staff finds the impact of insufficient building and parking setbacks adjacent to Long Lake Road will be reduced with the closure of the Long Lake Road access point. This is because there is a grade difference from Long Lake Road to the brewpub and proposed array, and with removal of the access point there will no longer be a direct view into this area of the site. (3) The extent of any nonconformity is reduced where practical. Elimination or even reduction of most of the building and parking issues are simply not practical for the applicant as it would likely render the site un-usable. This is because over half of the