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I I I Council Meeting Minutes January 25,2000 Page 5 Council Business, continued The site currently contains a 20,100 sq. ft., 22-unit apartment building. The non- conforming use permit is required due to this building not having enclosed parking, striped off-street parking area, and perimeter curbing. The applicant will address the non- conformities by constructing two 11 stall detached garages along the north and south property lines, installation of perimeter curbing, and striping of the parking lot. One condition of approval relates to the addition of two handicap underground parking stalls and four outdoor handicap parking stalls for the new building, and two handicap parking stalls to accommodate the existing building. The hardship and uniqueness in this instance are caused by the 150 ft. setback requirement from the high water elevation from Jones Lake where soil conditions limit the ability to dig underground parking. If the City denied the variance, the applicant could still build an apartment building, however, the third floor would be eliminated reducing the number of units by 17. This reduction would make the project economically unfeasible. Also, enforcement of the setback requirement would not allow for the 50 stall detached garage. The Rice Creek Watershed District (RCWD) would require a NURP Pond to filter run off before draining into Jones Lake. The project has received preliminary approval by the RCWD, but final review and approval is still required. Staff and the Planning Commission has found the hardship and uniqueness criteria satisfied. The request is in conformance with the Comprehensive Plan, and the 5 ft. height variance would not be out of character or detrimental to adjacent properties. Fulton noted that at a recent Neighborhood Grid Meeting, residents stated concems relating to the proposal and its impact on the growing student population at Bel Air and Highview schools. In the future, the City will communicate with the school district on possible developments which may impact school population levels. However, continual movement of families into an older community also impacts population levels. This is an appropriate use of this parcel, however, the City's concern is that the proposal meets Code and is performed in a quality, healthy, and structurally sound manner. Motion by Gunderman to WAIVE THE READING AND ADOPT THE RESOLUTIONS DENYING VN-326, NC-116, AND LP-360. Motion died to lack of second. Moore-Sykes noted the inclusion of the NURP Pond, and asked when the RCWD will perform its final review of the permit application. Brian Houwman, project architect, confirmed that the permit will be reviewed by the RCWD within a week. Moore-Sykes verified landscape improvements would be made to the existing building, but noted the low water table and asked if flooding could be an issue for the underground parking facility. Houwman said the underground parking facility would be drain tiled and constructed with other waterproofing enhancements. Larson read a letter from Orville Kraus, 1252 12th Ave. NW, noting concems ofthe project's impact, and preference for building single family homes or town homes versus rental property. Another comment was received from Becky Darus, 1940 Inca Ln., also noting concem of the project and its impact on the school population. Council Business Non-conforming Use Permit for Apartment Building construction at 219 Old Hwy 8 NW Report 00-031