2015.11.17 Packet Combined - Laserfiche WebLink

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Ms. Janice Gundlach October 30, 2015 Page 3 d. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The Property is served by adequate utilities and has sufficient access to accommodate any proposed traffic from the west via 5th Avenue Southwest. McCoy will also be installing fiber optic cable through the Property for internet connectivity purposes. Drainage of the Property will not be altered and will function as under existing conditions. Proposed elevations of the reconstructed areas can be found on the attached grading plan for your reference. The special use shall in all other respects conform to the applicable regulations of the district in which it is located With the exception of the proposed nonconforming use permit, the proposed use of the Property will conform to all applicable regulations of the I-2 Heavy Industrial District, including through the addition of landscaping, stormwater controls as necessary, and signage. Once approved, McCoy will continue operate the proposed use in compliance with all applicable local and state regulations. Nonconfoimina Use Permit The Property is currently nonconforming with respect to the required 5 -foot parking setback in the City Code. The Property is also nonconforming with respect to the screening required per the 2004 SUP along the east property line, which fronts along I -35W. However, as indicated in correspondence from the City dated August 9, 2004, the City previously took the position of declining to enforce those landscaping and screening requirements. Notwithstanding the City's previous position on the landscaping, McCoy is proposing to bring the Property into compliance to the extent practical. As shown in the landscaping plan, McCoy is proposing to provide the required 5 -foot setback along the north property line and will come into compliance with the 5 - foot setback along the east property line. McCoy will also install clustered landscaping elements along the east property line to improve the aesthetics of the Property. As proposed, the Improvements, as well as the existing conditions of the Property, satisfy the requirements of City Code to approve a nonconforming use permit. City Code Section 8-460, subd. (2) states that a nonconforming use permit may be granted only if the proposed use meets one of the findings listed under the code. McCoy's application satisfies the finding that requires "the extent of any nonconformity is reduced where practical." Here, the nonconformity with respect to the 5 -foot setback requirement for the parking area along the north property line will be eliminated and the parking setback will become conforming with respect to the code requirements. Along the east property line a strip of asphalt 5 feet wide will be removed and all trucks will be parked at the required 5 -foot setback. This area will be landscaped and decrease the overall impervious surface on the Property. The nonconformity with respect to the required screening along the east property line will also be reduced where practical, as required under the City Code. As proposed, the area will be improved with clustered landscaping as shown in the landscaping plan and McCoy's truck inventory will be lined in a uniform row along the east property line with trucks facing I -35W.