Planning Report

Date:	February 16, 1999

Case:	LP-350, NC-113, VN-321

Subject:	Site Plan, Non-conforming Use Permit & Variance

Applicant:	AAA Cooper

Request & Background

To conduct a public hearing and consider a request for side street (green area) setback variance, a Non- conforming Use Permit and Site Plan review. The purpose of the request is to install a gasoline fueling facility and to extend the existing paved area for parking/loading closer to 1st Avenue NW in order to provide additional maneuvering space for trucks on site. The subject property is located at 50 14th Street NW, and also has street frontage on Old Highway 8 NW and 1st Ave. NW. The following summarizes each request:

Site plan review. Required for the proposed construction of a new gasoline pumps and canopy.

Type iv nonconforming use permit. Required because the following Type IV nonconformities exist on the subject site:

a.	The existing setbacks for the parking area and drive aisles do not meet the required forty (40) foot front yard and side street yard setback. The existing setback for both the front yard and the side street is twenty (20) feet.

b.	There is not a perimeter curb around the entire parking lot and drive aisles.

Variance. A thirty (30) foot side yard street setback variance is requested in order expand the paved surface of the parking/loading area to increase the on-site maneuvering area for trucks.

Findings

Section 8-010, Site Plan Review

Section 8-210, Variance

Section 8-410, Non-conforming Uses

Section 11-010, Parking Standards

Site Characteristics

1.	Location:	50 14th Street NW

2.	Lot Size:	The site is 9.6 acres.

3.	Topography:	Relatively flat

4.	Vegetation:	None

5.	Sensitive Areas:	None

6.	Comprehensive Plan Designation:	Light Industrial

7.	Zoning:	I-1, Light Industrial

8.	Surrounding Land Uses:

North:	Industrial (Print Shop)

South:	Industrial (rendering plant)

East:	Industrial

West:	Industrial & Park

Site History

1.	Past Uses:	Trucking Terminal

2.	Historical Significance:	None

Departmental Considerations

Community Development

1.	Parking & Drive Aisle Setbacks:	Required: 40' front, 40' street, & 5 foot side

Existing: 20' front (1st Avenue & 14th Street) & 30' side

Proposed: 20' front on 14th & 10' front on 1st Avenue (variance is requested) & 30' side.

2.	Parking Spaces Required:	48 Total stalls required

3.	Parking Spaces Proposed:	107 stalls existing (about 5 stalls removed to make room for the gas fueling area.

4.	Handicap Parking:	Required: 4 Stalls Proposed: 4 Stalls

The applicant has agreed to provide 4 parking stalls for the handicapped.

5.	Stall Size:	Required: 9 x 18 Proposed: 9 x 20 (complies).

6.	Drive Aisle Size (two way):	Required: 24 feet	Proposed: 22 feet - Stall length should be reduced two (2) feet to meet the required 24 foot wide drive aisles. As demonstrated on the site plans the stall size can be reduced 2 feet and the drive aisle width expanded 2 feet to comply with the Ordinance requirement.

7.	Total Drive Entrances:	Two (2) - One (1) entrance off of 14th Street NW and One (1) entrance off of 1st Avenue NW. No new entrances are proposed.

8.	Driveway Width:	Maximum: 36 feet	Existing: 22 & 35 feet

9.	Concrete Curbing:	Existing in some locations. The applicant will be required, as part of the nonconforming use permit to install perimeter curbing around the off-street parking, drive-aisles and loading area.

10.	Parking Area Surface:	Bituminous

11.	Landscaping/Screening:	The applicants are proposing a perimeter landscape screen of various evergreen and deciduous trees on the outside of the fence. The City Forester reviewed the plans and found that the plans will provide a good screen around the perimeter of the site. Due to the poor soils located on this site, specific species recommended are as follows: The Evergreens should be Black Hills White Spruce (6 feet tall); The Deciduous trees should include a mixture of Hackberry and Patmore Seedless Green Ash, with a mixture of Green Spire Linden scattered along the south, east and north property lines.

12.	Impact on Land Uses:	Minimal

Public Works

1.	Streets:	None

2.	Curb Cuts:	No new curb cuts proposed

3.	Utilities:	Existing

4.	Grading/Drainage:	No changes are proposed.

5.	Rice Creek Watershed District:	No permit required

6.	Environmental Concerns:	None

7.	MPCA:	Not Applicable

8.	Other Considerations:	None

Building Official

1.	Structure Size:	Canopy roughly 40' x 45'

2.	Structure Height (required):	40 feet

3.	Structure Height (proposed):	20 feet tall (complies).

4.	Exterior Treatment:	NA

5.	UBC Compliance:	NA

6.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	NA

2.	Garbage/Rubbish Enclosures:	NA

3.	Seating Requirements:	NA

4.	Kitchen Facilities:	NA

5.	Other Considerations:	None

Parks

1.	Proximity of Parks:	Regional Park to the west

2.	Proximity to Community Facilities:	None

3.	Impact on Parks:	None

4.	Impact on Community Facilities:	None

5.	Other Considerations:	None

Fire

1.	Hydrant Locations:	Three (3) located on the east side of Old Highway 8, and three (3) located on the east side of 1st Avenue NW.

2.	Access to Site:	Adequate

3.	Access to Structure:	Adequate

4.	Other Considerations:	None

Police

1.	Traffic Safety:	Adequate - No change in circulation patterns to and from the site.

2.	On-Street Parking:	NA

3.	Site Security:	Adequate

4.	Other Considerations:	None

Staff Comments

Nonconforming Use Permit

It is recognized that there are uses of land, structures, and combinations which were lawfully established and which do not now comply with all applicable portions of the City Code. The subject AAA Cooper site is an example of such a use. While it is recognized that such nonconforming uses may not be summarily terminated, it is the purpose of Section 8-410 to discourage their survival. Further, the Code requires, at a minimum, the reduction of the impact of the nonconforming use.

The nonconformities that exist on the subject site include the following:

a.	The existing setbacks for the parking area and drive aisles do not meet the required forty (40) foot front yard and side street yard setback. The existing setback for both the front yard and the side street is twenty (20) feet.

b.	There is not a perimeter curb around the entire parking lot and drive aisles.

The applicant is proposing to address the nonconformities as best they can. Perimeter curbing will be installed around the perimeter of the off-street parking/loading and drive aisle areas, however, the front yard green space setback cannot be increased due to the location of the building. If the green space were extended, the drive-aisle around the building in this location would have to be eliminated, which would not be practical. Traffic would have to be routed around the far north end of the site, over 500 feet away.

AAA Cooper has agreed to remove the canopy, gasoline pumps and underground gasoline tanks upon sale of the property. This shall be made a condition of approval of the nonconforming use permit.

Variance

The applicant is requesting a thirty (30) foot variance to Section 11-020(f) of the Zoning Ordinance, which requires a 40 foot side street yard setback for parking and drive aisles. This same section of the Code allows a 20 foot side street yard setback under a Special Use Permit. The existing setback is 20 feet, however, the applicant is proposing a ten (10) foot side street yard setback from 1st Avenue NW. In considering an application for a variance, the City must make the following findings:

1.	An undue hardship would be brought upon the applicant, should the variance be denied.

2.	There are unique circumstances related to this site.

3.	The request is in conformance with the Comprehensive Plan.

4.	The variance shall not be detrimental to adjacent property or to the public as a whole.

In this instance it is difficult to make the above findings, in particular, in regard to the hardship. If the City were to deny the request, the applicant would still have the ability to operate the trucking terminal in the same manner as it has operated for the many years that this site has been in existance as a truck terminal, therefore, reasonable use of the property would not be denied nor would a hardship be brought upon the applicant if the variance were denied.

The granting of this variance may set a dangerous precedent for granting variances for other properties zoned I-1, that may wish to extend their parking areas closer to the street, and decrease the green space for the purpose of more manueverability on their site.

Additionally, this site is to be rezoned to MX, Mixed Use, and therefore, the use of the property will become nonconforming. By allowing the expansion of the truck manuevering area on the site, the City may be increasing the life and viability of the trucking operation on this site, when the ultimate goal of the City is to see the trucking operation replaced with uses such as commercial office or residential.

Recommendation

Variance (Alternatives)

Approval

Motion to waive the reading and adopt the attached resolution recommending approval of VN-321.

Denial

Motion to waive the reading and adopt the attached resolution recommending denial of VN-321, due to the fact that there is no hardship or unique circumstance to warrant approval of the 30 foot side street yard setback variance.

Nonconforming Use Permit

Motion to waive the reading and adopt the attached resolution recommending approval of NC-113 subject to the following conditions:

1.	Perimeter curbing be installed around the entire perimeter of the off-street parking/loading and drive aisle areas.

2.	All off-street parking stalls must be striped. Drive aisle widths must be 24 feet and parking space depths shall be 18 feet.

3.	Landscaping/green area be provided as shown on the landscape plan dated 1-25-1999. Specific species shall include: Evergreens shall be Black Hills White Spruce (6 feet tall); The Deciduous trees should include a mixture of Hackberry and Patmore Seedless Green Ash, with a mixture of Green Spire Linden scattered along the south, east and north property lines (3 inch caliper).

4.	AAA Cooper shall be responsible for removal of the canopy, gas pumps and underground gas pumps upon sale of the site.

Site Plan

Motion to recommend approval of LP-340 subject to the following conditions required of NC-113.

Cary K. Teague, City Planner