Planning Report

Date:	March 16, 1999

Case:	LP-353, NC-114 & VN-322

Subject:	Site Plan, Nonconforming Use Permit & Setback Variance

Applicant:	Greg Arnold - Dairy Queen on Old Highway 8

Request

To hold a public hearing and consider requests for a site plan review, nonconforming use permit and side street setback variance to remodel, expand and install a drive-through window at the existing Dairy Queen located at 409 Old Highway 8. The nonconforming use permit is requested due to the fact that the existing off-street parking area (green space) setback requirement is not met. A three (3) foot side yard street setback variance is requested in order to construct the drive-through window.

Findings

Section 8-010, Site Plan

Section 8-210, Variances

Section 8-410, Nonconforming Use s.

Section 11-010, Parking Standards

Site Characteristics

1.	Location:	409 Old Highway 8 NW

2.	Lot Size:	19,000 square feet

3.	Topography:	Flat

4.	Vegetation:	Some along the lot lines

5.	Sensitive Areas:	None

Site History

1.	Past Uses:	Dairy Queen

2.	Historical Significance:	Long time New Brighton business

Departmental Considerations

Community Development

1.	Existing Use:	Dairy Queen

2.	Proposed Use:	Dairy Queen with a drive-through window

3.	Surrounding Land Uses:

North:

South:

East:

West:

4.	Density/FAR:	Building area: 828 square feet

Allowed: 100% Proposed: 4% including canopy and building

5.	Building Setbacks:	Complies - With the exception of the 3 foot by 9 foot drive-
through window expansion on the north side of the building which is set 37 feet back from the 4th Street NW right-of-way. A three (3) foot variance is being requested.

6.	Parking Setbacks (Front):	Required: 40 feet	Existing: 8 feet	Proposed: 16 feet

The applicant is expanding the parking setbacks to 16 feet. The existing setback is 8 feet. The expansion is proposed to address the nonconforming setback to the greatest extent possible.

(Side yard street)	Required: 40 feet	Existing: 0 feet	Proposed: 0 feet

The applicant is proposing to address this existing nonconformity by planting grass inside an existing cement island and creating two parking stalls. This grassy area will serve as a median between the drive-through window and cars exiting onto 4th street NW.

(Rear yard street)	Required: 5 feet	Proposed: 5 feet

7.	Stall Size:	Required: 9 x 18 feet / Proposed: 9 x 18 feet

8.	Parking Spaces Required:	Required: 1 stall per 65 square feet (828 square foot building minus 10%), therefore, 11 stalls are required.

Proposed: 12 Stalls

9.	Aisle Size (One-way):	Required: 14 feet / Existing: 19 feet

10.	Stacking Lanes:	Required: 6 spaces	Proposed: 6 spaces

While the applicant is proposing 6 spaces for stacking of cars waiting at the drive-through window, spaces 4-6 interfere with the existing parking spaces. If the line backs up this far, cars 5 and 6 virtually will cut off available off-street parking. Therefore, if the Planning Commission and City Council are inclined to approve of this project, staff is suggesting that a sign be posted at the rear of the building (see attached site plan) that states "no stacking beyond this point". That way cars waiting for the drive-through would have to waite in a designated parking stall and then proceed to the menu board.

11.	Total Drives:	The access to the site shall be off of Old Highway 8, and the exit shall be on to 4th Street NW.

12.	Concrete Curbing:	Per Section 11-020.b of the Zoning Ordinance, all off-street driving, loading and parking areas must be constructed with a concrete curb. The site contains perimeter curbing, and the applicant is proposing to modify the curbing patterns to accommodate the new landscaping and green areas.

13.	Parking Area Surface:	The entire parking area is paved.

14.	Landscaping/Screening:

15.	Impact on Surrounding Land Uses:	Minimal

16.	Comp Plan Designation:	Light Industrial

17.	Zoning:	I-1, Light Industrial - Commercial uses such as Dairy Queen are a permitted use within the I-1 District.

18.	Other Considerations:	None

Public Works

1.	Streets:	None

2.	Utilities:	Existing.

3.	Easements:	NA

4.	Grading/Drainage:	No changes are proposed

5.	Rice Creek Watershed District:	No permit required

6.	Environmental Concerns:	None

7.	MPCA:	NA

8.	Other Considerations:	None

Parks

1.	Proximity of Parks:	NA

2.	Proximity to Community Facilities:	NA

3.	Impact on Parks:	None

4.	Impact on Community Facilities:	None

5.	Other Considerations:	None

Forestry

1.	Tree Identification:	None

2.	Diseased Trees:	None

3.	Tree Preservation:	None

4.	Proposed Trees:	None

5.	Landscape Plans:	The City Forester has reviewed the proposed plans and found them to be acceptable

6.	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 Dairy Queen 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 the front yard (Old Highway 8) is eight (8) feet and the side street yard (4th Street) is zero (0) feet.

The applicant is proposing to address the nonconformities as best he can. Green space is being added to both the front and side yard, the green space setback in the front yard (off Old Highway 8) is being doubled from eight (8) feet to sixteen (16) feet. Significant green space is being added in the northwest corner of the site, as demonstrated on the proposed site plan. Additionally, the applicant is suggesting adding a green space island to separate the proposed drive-through area from the existing parking stalls along 4th Street.

Variance

The applicant is requesting a three (3) foot variance to Section 6-060 of the Zoning Ordinance, which requires a 40 foot side street yard setback for structures The existing setback is 40 feet, however, the applicant is proposing to construct a 3' x 9' drive-through window on the north side of the building which encroaches three (3) feet into the required setback.

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.

The above findings may be made in this situation due to the small size of the site and store, coupled with the restrictive setback requirement of 40 feet off of both Old Highway 8 and 4th Street NW. There is no location on this site that a drive-through window could be installed to meet the required setback, and other requirements such as parking space setbacks, and drive-through stacking space could also be met. The window could not be moved to the other side of the building, as the existing parking stalls would also have to be moved to the 4th Street side and they would not meet the setback requirements off of 4th Street, and the stacking space would encroach onto Old Highway 8. With the window located on the north side of the building as proposed, there is adequate stacking space for cars waiting to pick up food.

The window could not be installed within the existing space of the store, due to its small size. The City's Health Inspector, as part of the proposed remodeling is requiring that a utility sink and dry storage space be added to the store. Therefore, the applicant is proposing to close off the inside of the store to customers and expand the facility eight (8) feet off the back. This will provide adequate area within the store for the needed kitchen facilities. With the completion of this project, customers will walk up to the store order from a window that faces Old Highway 8.

Signage

No additional signage has been proposed at this time. All signage shall be required to meet the provisions of the Sign Ordinance Sections 9-010 through 9-180.

Recommendation

Motion to waive the reading and adopt the attached resolution recommending approval of LP -353 and NC-114 subject to compliance with the following conditions:

1.	Off-street parking stalls must be striped with white or yellow painted lines, not less than four (4) inches wide.

2.	The landscaping plans shall be installed per the submitted plans dated 1-29-99.

3.	Installation of a utility sink and dry storage area per the regulations of the City's Health Inspector.

4.	All signage shall be required to meet the provisions of the Sign Ordinance Sections 9-010 through 9-180.

Motion to waive the reading and adopt the attached resolution recommending approval of VN-322 subject to compliance with the following conditions:

1.	Off-street parking stalls must be striped with white or yellow painted lines, not less than four (4) inches wide.

2.	The landscaping plans shall be installed per the submitted plans dated 1-29-99.

3.	Installation of a utility sink and dry storage area per the regulations of the City's Health Inspector.

4.	All signage shall be required to meet the provisions of the Sign Ordinance Sections 9-010 through 9-180.

If the Planning Commission does not feel that the variance criteria has been satisfied it may make the following motion:

Motion to waive the reading and adopt the attached resolution recommending denial of VN-322.

Cary K. Teague, City Planner