PC Packet 10-18-2011 - Laserfiche WebLink

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Barley John's Brewpub Solar Electric Array Nonconforming Use Standards This project proposes a nonconforming use located within the setback areas. Because of the unique circumstances of the property, there are other non-conformities existing on the site: - half of the building is over the setback line - much of the parking is in the setbacks - the trash enclosure is in the setback - the site has four curb cuts rather than the required maximum of two. Nearly all of these non-conformities are unavoidable because of the property's character and required to operate the business. It is impractical to relocate the existing building to comply with setbacks. It is also impractical to remove or relocate the nonconforming parking, as there would not be enough parking left to support the property's use. It is also not practical to relocate the trash area because the only available compliant location interferes with truck access and is in direct view of the dining room windows. However, one of the four curb cuts is non-essential and this project proposes to eliminate this non-conformity by closing the access. This project meets the standards for permitting a nonconforming use because it limits the impact of the nonconformities upon adjacent premises to the greatest practical extent, and the extent of the nonconformity is reduced where practical. The solar array and fence are 4 feet or less in height, limiting visual impact from the roads and adjacent properties, and the fence will be screened by landscape plantings on the north and east side. The extent of the new solar array is reduced to the smallest practical size. Because of the large energy demands of the business, a solar array of at least 5 kW is required to be economically practical and gain the available incentives and rebates. The total number of nonconformities on the site remains the same because of the elimination of one nonconforming curb access. Page 4