2016.04.19 PC Minutes - Laserfiche WebLink

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1. The site is improved in accordance with the plans submitted and attached to this report. 2. The applicant must combine parcels addressed 327 and 309 Old Highway 8 NW for tax purposes. Evidence of this action must be submitted prior to release of a building permit for the proposed addition. 3. The Landscape Plan must be amended to meet the 50/50 coniferous/deciduous standard, introduce a 4ti, canopy tree species, and to incorporate a total of 33 new shrubs to comply with Zoning Code Section 8- 010(2)(D)(3-5). 4. All lighting standards of Zoning Code Section 11-010(6) are met. 5. All sign standards in Zoning Code Section 9-100 are met. 6. Incorporation of all recommendations noted in the Interoffice Public Works/Engineering Memo, provided as an attachment to this report. 7. All parking in the rear yard maintains a 5' setback from the rear property line. 8. The six vehicular doors facing Old Highway 8 NW must be of an aesthetic matching the submitted photo attached to this report. Further, the doors shall remain closed at all times, except while entering or exiting a vehicle. 9. The existing sanitary sewer easement is vacated and the applicant assumes all responsibility for the existing sanitary sewer to remain and be turned over to private ownership. 10. Separate sign permits must be obtained for all new wall and ground signs erected on the property. All signs must comply with Zoning Code Section 9-100. 11. Should Rice Creek Watershed District require a permit, that permit shall be submitted to the City Engineer/Public Works Director for review and approval (current indication is no permit is necessary). Commissioner Deick requested further information regarding the rear yard setback and the building to the rear of the property. Planning Director Gundlach understood the applicant leased this building to another tenant. Commissioner Deick understood staff was recommending the two lots be combined. He asked if the lot combination was being done for legal reasons or for tax purposes. Planning Director Gundlach clarified staff was recommending the lots be combined for tax purposes. Commissioner Danger stated City Code currently would not allow six doors to face Old Highway 8 and asked why this language was included in the code. Planning Director Gundlach reported this was the case and did not understand why this language was still within the code but believed this standard was included to reduce the level of impact businesses have on adjacent traffic. Commissioner Danger believed that if the business owner was limited to only one door this could become a profitability issue. However, he also feared a precedent could be set if the City allowed the six doors to remain. Planning Director Gundlach did not believe the applicants request had anything to do with economics, but rather had everything to do with function. The applicant could eliminate all six doors and still have 12 bays. She believed it was possible a precedent could be set if the six doors were allowed, if another business along this corridor met the same exact unique requirements as the current applicant. If this was concerning to the Planning Commission, the variance should not be approved. She reported staff did not have this concern and explained that truck and trailer repair was allowed in this Zoning District with a Special Use Permit, and overhead doors were inherent with these uses. Commissioner Danger was concerned about setting a precedent, but also believed it was the desire of the Planning Commission to promote the businesses in New Brighton and not make it difficult to make improvements. He requested further comment from the applicant regarding his request. 11