Planning Report

Date:	August 17, 1999

Case:	LP-359, NC-115

Subject:	Nonconforming Use Permit & Site Plan Review

Applicant:	Mir Ali (Houwman Architects)

Request

To hold a public hearing and consider an application for a nonconforming use permit and site plan review to construct a 19,000 square foot, 43-unit foot apartment building with 43 enclosed (detached) garages. The subject property contains an existing 6,800 square foot, 22-unit building. The nonconforming use permit is required due to the fact that the existing facility does not have enclosed parking stalls, and the existing off-street parking area is not striped or contain perimeter curbing. The subject property is located at 219 Old Highway 8 NW, and is zoned R-3A, Multiple Family Residential.

Findings

Section 8-010, Site Plan Review

Section 8-410, Nonconforming Use

Section 11-010, Parking Regulations

Section 4-340 R-3A Zoning District

Site Characteristics

1.	Location:	219 Old Highway 8 NW

2.	Lot Size:	The site is 4.6 acres or 202,088 square feet in size.

3.	Density:	Allowed: 80 units. The R-3A district standards were used to determine density - 202,088 square feet divided by 2,500 s.f. equals 80 units. Proposed: 65 units.

4.	Topography:	Sloped

5.	Vegetation:	A variety of tress adjacent to Jones Lake and Old Highway 8. These trees are to be preserved.

6.	Sensitive Areas:	Jones Lake

7.	Comprehensive Plan Designation:	Multiple Family Residential

8.	Zoning:	R-3A, Multiple Family Residential

9.	Surrounding Land Uses:

North:	Small businesses - Zoned I-1, Light Industrial

South:	Business (Appraisal Office) - Zoned, R-3A, Multiple Fam. Res.

East:	Jones Lake

West:	Small businesses - Zoned I-1, Light Industrial

Site History

1.	Past Uses:	Multiple Family Residential

2.	Historical Significance:	None.

Departmental Considerations

Community Development

1.	Building Setbacks:	Required:	30 feet (front yard)	Proposed: 30 feet

150 feet (lake)	Proposed: 150 feet

5 feet (side)	Proposed: 5 feet

2.	Parking Setbacks:	Required: 30 & 5 feet Proposed: 30 and 5 feet

3.	Total Parking (Proposed Bldg.):	Required: 112 Stalls 43 of which must be enclosed.

Proposed: 117 Stalls, 43 enclosed.

4.	Total Parking (Existing Bldg.):	Required: 60 Stalls 22 of which must be enclosed.

Proposed: 60 Stalls 0 stalls enclosed. The applicant is not proposing any enclosed stalls for the existing facility. This issue shall be addressed in the Nonconforming Use section of this report. Both the existing and proposed parking areas must be striped per Section 11-020 of the Zoning Ordinance.

5.	Handicap Parking Required:	Four (4) stalls for the proposed building & three (3) stalls for the existing building.

6.	Handicap Parking Proposed:	Five (5) stalls for the proposed building & three (3) stalls for the existing building.

7.	Stall Size:	9 x 18 (complies)

8.	Aisle Size:	Required: 24 feet	Proposed: 26 feet (complies)

9.	Total Drives:	Two (2)

10.	Drive Size:	Twenty-six (26) feet

11.	Concrete Curbing:	To be provided around the perimeter of the entire site (including both facilities).

12.	Parking Area Surface:	Bituminous

13.	Landscaping/Screening:	The City Forester has reviewed the Plans and made the following recommendations (see the attached exhibit):

1.	Planting of four (4) Hackberry or Lindens (2 inch caliper) around the existing building.

2.	Planting of four (4) Hackberry or Lindens (2 inch caliper) in the area designated as "seeded area" for the new building.

3.	Planting of a Flowering Crab at the entrance of the new building.

4.	Grass planting (sod or seed) shall be installed between the property lines and the perimeter curbing around the parking/drive aisle areas for both buildings.

14.	Impact on Land Uses:	Minimal

Public Works

1.	Streets:	None

2.	Curb Cuts:	One new curb cut off of Old Highway 8. Because Old Highway 8 is a County road, a permit must be required from Ramsey County.

3.	Utilities:	Available

4.	Easements:	NA

5.	Grading/Drainage:	The Rice Creek Watershed District is requiring a NURP pond (see attached plans) to filter run off before draining into Jones Lake. As such, a significant amount of fill is required for the project to allow the NURP pond to function. The City Engineer has reviewed the proposed grading and drainage plan and has found it to be acceptable.

6.	Rice Creek Watershed District:	Permit required

7.	Environmental Concerns:	None

8.	MPCA:	Not Applicable

9.	Other Considerations:	None

Building Official

1.	Structure Size:	19,000 square feet principle structure & 6,966 s.f. garage.

2.	Structure Height:	2.5 story & 30 feet tall (complies)

3.	Exterior Treatment:	Vinyl siding

4.	UBC Compliance:	Will be required

5.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	NA

2.	Garbage/Rubbish Enclosures:	To be enclosed

3.	Seating Requirements:	NA

4.	Kitchen Facilities:	NA

5.	Other Considerations:	None

Parks

1.	Proximity of Parks:	Totem Pole Park to the south and west

2.	Proximity to Community Facilities:	None

3.	Impact on Parks:	Minor increase in usage of parks.

4.	Impact on Community Facilities:	Minor increase in usage.

5.	Other Considerations:	None.

Fire

1.	Hydrant Locations:	To be reviewed by the Fire Inspector

2.	Access to Site:	To be reviewed by the Fire Inspector

3.	Access to Structure:	To be reviewed by the Fire Inspector

4.	Y Connection Location:	To be reviewed by the Fire Inspector

5.	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 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, such permission may be granted only if one or more of the following conditions are met:

1) The total number of nonconformities is reduced.

2) The impact of any nonconformity upon adjacent premises is reduced to the greatest practical

extent.

3) The extent of any nonconformity is reduced where practical.

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

a.	The existing site does not contain perimeter curbing.

b.	The existing on-site parking stalls are not striped.

c.	There are no enclosed parking stalls.

The applicant is proposing to address the nonconformities by installing perimeter curbing around the off- street parking and drive aisles, and stripe the existing parking stalls to meet the City Code. The applicant however, does not wish to construct the enclosed parking.

As with any nonconforming use permit, applicants are required to address the nonconforming uses to the greatest extent possible. In this instance there is adequate area on the site to construct an enclosed 22- stall detached garage for the tenants, therefore, the nonconformities are not being reduced to the greatest extent possible. Therefore, staff would recommend that the applicant submit a revised site plan to include the construction of an enclosed 22-stall parking garage for the existing facility.

Recommendation

Staff has outlined two (2) alternatives for recommendation below. Staff is recommending Alternative A, which is to table the request pending submittal of a new Site Plan showing the construction of the required 22-stall enclosed parking garage. Because the construction of the garage would significantly change the overall layout of the site plan, the Planning Commission should have the opportunity to review the revised plan. Therefore, staff is recommending a continuation of the request, rather than approval subject to the condition that the garage simply be added without additional review. Any approval of this project should include the following conditions:

1.	Approval of a permit by the Rice Creek Watershed District.

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

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

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

5.	The landscaping plans shall be installed per the submitted plans dated 7-28-99, with the following additions:

a. Planting of four (4) Hackberry or Lindens (2 inch caliper) around the existing building.

b. Planting of four (4) Hackberry or Lindens (2 inch caliper) in the area designated as

"seeded area" for the new building.

c. Planting of a Flowering Crab at the entrance of the new building.

d. Grass planting (sod or seed) shall be installed between the property lines and the

perimeter curbing around the parking/drive aisle areas for both buildings.

6.	The land owner shall be responsible for maintenance of all plant materials shown on the landscape plans dated 7-28-99. Should any of the plant materials become diseased or die, they must be replaced.

7.	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.

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.

10.	Exterior lighting must 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.

11.	Subject to review and approval of the City Fire Inspector.

Alternatives

A.	Continue the Public Hearing.

Motion to continue the public hearing pending the submittal of a new Site Plan showing the construction of the required 22-stall enclosed parking garage.

B.	Denial - Based upon the applicant's unwillingness to construct the required enclosed parking.

Motion to waive the reading and adopt the attached resolution recommending denial of NC-115 & LP-359.

Cary K. Teague, City Planner