Planning Report

Date:	April 20, 1999

Case:	LP-354 & VN-323

Subject:	Site Plan & Green Space Setback Variance

Applicant:	Super America

Request

The City Council has asked the Planning Commission to reconsider a front yard setback variance request by Super America to tear down the existing Super America convenience grocery/gasoline sales facility and construct a new facility that will include a new store and canopy. The subject property is located in the northwest corner of the intersection of Silver Lake Road and Rice Creek Road.

The City denied a request made by Super America in 1998 for a 22-foot front yard setback variance to install the green space 8 feet back from the front property line off of Rice Creek Road. A 30-foot green space setback is required.

The applicant (Super America) has since revised the plans to include a 12-foot setback and is proposing additional landscaping, a decorative fence along Rice Creek Road and Silver Lake Road, a monument sign (rather than a pylon sign), and an upgraded brick building. The City Council has reviewed the proposed plans informally, and unanimously recommended that the Planning Commission reconsider the revised plans.

Findings

Section 8-010, Site Plan

Section 8-210, Variance

Section 11-010, Parking Standards

Site Characteristics

1.	Location:	2010 Silver Lake Road

2.	Lot Size:	43,278 square feet

3.	Topography:	Flat

4.	Vegetation:	Landscaped

5.	Sensitive Areas:	None

Site History

1.	Past Uses:	Gas station/convenience grocery

2.	Historical Significance:	None

Departmental Considerations

Community Development

1.	Existing Use:	Gas station/convenience grocery

2.	Proposed Use:	Gas station/convenience grocery

3.	Surrounding Land Uses:

North:	Dairy Queen (B-3 General Business)

South:	Church (R-3A, Multiple Family Residential)

East:	Vacant Lot (B-3, General Business)

West:	New Market Grocery store (B-3, General Business)

4.	Density/FAR:	Building area: 3,652 square feet

Canopy area: 3,393 square feet Allowed: 100% Proposed: 16% including canopy and building

5.	Building Setbacks:	Complies

6.	Parking Setbacks (Front):	Required: 30 feet

(Silver Lake Road	Proposed: 32 feet

7.	Parking Setbacks

(Side yard street-Rice Creek Rd.)	Required: 30 feet or 15 feet by special use	Proposed: 12 feet

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

8.	Stall Size:	Required: 9 x 18 feet / Proposed: 9.5 x 18 feet

9.	Parking Spaces Required:	Required: 16 Stalls / Proposed: 25 Stalls (including pump stalls)

10.	Aisle Size (Two-way):	Required: 24 feet / Proposed: 25-28 feet

11.	Total Drives:	There are currently two (2) driveway entrances to the site. One off of Silver Lake Road, and one off of Rice Creek Road.

12.	Drive Size:	Drive entrance widths are 35 & 36 feet. Section 11-020. h)10. Of the City Code requires a maximum curb cut width to be 36 feet, therefore, the proposed entrances meet the City Code requirement.

13.	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 applicant is proposing perimeter curbing on the site.

14.	Parking Area Surface:	The applicant is proposing to pave the entire parking surface area.

15.	Landscaping/Screening:	The forester has reviewed the landscape plan and found the plans to be excellent, and a nice improvement to the area. His main concern however, is that once the plant materials have all been installed, who would maintain them and ensure their survival. Therefore, staff is suggesting that a condition be placed upon any variance approval that the land owner must ensure the survival of all plant material, and if any plantings die they must be replaced.

16.	Impact on Surrounding Land Uses:	Dairy Queen will lose the ability of its customers to park in the Super America parking lot.

17.	Comp Plan Designation:	Commercial

18.	Zoning:	B-3, General Business

19.	Other Considerations:	None

Public Works

1.	Streets:	None

2.	Utilities:	Sewer & water is existing.

3.	Easements:	NA

4.	Grading/Drainage:	Grading and drainage shall be subject to review and approval of the City Engineer.

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:	The applicant shall be responsible for replacement of all plant material shown on the landscape plans should they become diseased or die.

4.	Proposed Trees:	None

5.	Other Considerations:	None

Staff Comments

Variance

The applicant is requesting an eighteen (18) foot variance to Section 11-020(f) of the Zoning Ordinance, which requires a 30-foot side street yard setback for parking and drive aisles. This same section of the Code allows a 15-foot side street yard setback under a Special Use Permit. 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 applicant indicates that they cannot meet the 15-foot setback requirement. They contend that the extra 3 feet (12 foot setback vs. a 15-foot setback) is critical for preventing cars and delivery trucks entering off of Rice Creek Road from interfering with cars parked at the pump islands, in particular those parked at the southeast pump.

Additionally, the applicant has stated that they have reduced the size of the store to the greatest extent possible, and realigned the gas pumps, in order to increase the green space setback off of Rice Creek Road. Therefore, they are stating that their hardship is the fact that the site fronts on two streets requiring a 30 foot setback on both sides (or reduced to 15 feet by SUP on one side). If the City were to deny this request, the applicant does not feet they could construct the building and make the business viable.

In an effort to spruce up this green space area, the applicant has submitted a landscape plan showing construct of a brick and iron picket fence surrounded by Stella Daylilys and a scattering of 12 foot tall Snowdrift Crab trees, 6 foot Scotch Pines and Mint Julep Junipers surrounding the monument sign.

Canopy lighting

Section 8-010 a.6. of the New Brighton Zoning Ordinance requires exterior lighting to be installed so as to prevent direct light from being detectable at the lot line of the site on which the light source is located.

Signage

The applicant is proposing to construct a monument sign as demonstrated on the attached plan. The sign meets all minimum square footage (64 square feet) and height (20 feet tall) requirements. Additionally, canopy and wall signs are also proposed. These signs also meet the minimum requirements (40% of the signable wall area). All signage meets the provisions of the Sign Ordinance Sections 9-010 through 9- 180. The applicant will be required to obtain a sign permit to construct the proposed signs.

Recommendation

Motion to waive the reading and adopt the attached resolution recommending approval of LP -354 and VN-323 subject to compliance with the following conditions:

1.	Perimeter curbing be installed around the off-street parking area and drive-aisles.

2.	All off-street parking and drive areas be paved with bituminous surface.

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

4.	The landscaping plans shall be installed per the submitted plans dated 4-1-99.

5.	The land owner shall be responsible for maintenance of all plant materials shown on the landscape plans dated 4-1-99. Should any of the plant materials become diseased or die, they must be replaced.

6.	Provision of a bond or letter of credit in the amount equal to 100% of the cost to install landscaping, curbing and paving to ensure that these items are installed per the approved plans.

7.	Canopy lighting for the Convenience Store must be recessed into the canopy so as not to be visible from adjacent properties.

8.	All signage shall be required to meet the provisions of the Sign Ordinance Sections 9-010 through 9-180. The applicant must obtain a Sign Permit for construction of the proposed signs.

9.	The proposed grading plan shall be subject to review and approval of the City Engineer.

Motion to waive the reading and adopt the attached resolution recommending denial of LP -354 and VN-323.

Cary K. Teague, City Planner