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I I I Council Meeting Minutes February 23, 1999 Page 8 Council Business. continued A 30 ft. side yard street setback variance is requested to expand the paved surface of the parking/loading area to increase truck maneuvering space. AAA proposes to address the non-conformities by installing perimeter curbing, however, the front yard green space setback cannot be increased due to the building's location. To consider the variance, the City must find an undue hardship, unique site circumstances, Compo Plan conformance, and no detriment to adjacent properties. Staff feels it is difficult to make these findings. However, if the variance were denied, AAA would still have ability to operate the terminal. Also, granting the variance may set a dangerous precedent for other 1-1 properties that may wish to extend parking areas and decrease green space requirements. The Planning Commission recommends denial of the variance and site plan because AAA has not addressed the non-conformities. AAA submitted a revised site plan which would increase green space off 14th St., provide handicap parking, and change parking lot dimensions and drive accesses. Teague said the code requires a minimum separation between drive entrances and intersections, and the proposed separation would require a variance. There is not adequate time to address this variance due to the rezoning effective date of March 1, and lack of public notification. Staff recommends continuation of the non-conforming use and site plan subject to the conditions outlined including perimeter landscaping. Also, staff recommends denial of the variance because no hardship has been proven. Larson asked if the entrances and drive aisles could be modified by closing the southerly access off 14th St., and creation of new openings at 1 st Ave. Benke noted concern of the continual changing of the proposal and additional variance requests. Ted Kuerschen, AAA, said the original proposal was developed before AAA had opportunity to utilize the site. AAA recently identified modifications to allow for better truck access and maneuverability, landscaping adjustments, and installation of the wash bay. AAA is open to suggestions and will attempt to eliminate the non-conformities. Benke suggested a third access at the north end of the building. LeFevere said staff could develop an ordinance amendment to delay the effective date to allow for continued consideration. Teague has not had opportunity to discuss the latest proposal with Engineering, and the landscaping on the east side is contingent upon the setback variance. If the variance is not approved, then additional landscaping is not required. Tom Johnson, AAA, said the relocation of the 14th St. driveway was discussed at the Planning Commission, and asked if that is sufficient for public notification purposes. Benke acknowledged that discussion does not qualify for the notification requirement. Benke believes the City is trying to address its concerns and to accommodate AAA for present and long term site utilization. Johnson asked if AAA could seek a variance for the driveway adjacent to 1st Ave. LeFevere said the green space and setback variance is contingent on two new curbcuts and landscaping on the east. Benke would not recommend the second southerly driveway off 14th St., and has not found basis to grant the east side variance. The site plan and nonconforming use would be approved subject to previous agreements relating to setbacks on the south side, landscaping, and the existing southeasterly driveway. Council Business AAA - Site Plan Review 50 - 14th St. NW Report 99-048 Resolution 99-014 Resolution 99-015