Planning Report

Date:	January 18, 2000

Case:	NC-116, LP-360, & VN-326

Subject:	Nonconforming Use Permit, Site Plan Review & Building Height Variance

50-Unit Multiple Family Apartment Complex (219 Old Highway 8)

Applicant:	Mir Ali (Houwman Architects)

Request

The Planning Commission is asked to hold a public hearing and consider an application by Houwman Architects on behalf of Mir Ali, for a nonconforming use permit, site plan review and five (5) foot building height variance. The purpose of the request is to construct an 81,500 square foot, 50-unit apartment building with underground parking. The subject property is located at 219 Old Highway 8 NW, and is zoned R-3A, Multiple Family Residential.

This site currently contains an existing 20,100 square foot, 22-unit apartment 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.

Findings

Section 4-340 R-3A Zoning District

Section 8-010, Site Plan Review

Section 8-210, Variance

Section 8-410, Nonconforming Use

Section 11-010, Parking Regulations

Site Characteristics

1.	Location:	219 Old Highway 8 NW

2.	Lot Size:	The site is 4.8 acres or 209,183 square feet in size.

3.	Density:	Allowed: 84 units. The R-3A district standards were used to determine density (1 unit per 2,500 s.f.) - 209,183 square feet divided by 2,500 square feet equals 84 units. Proposed: 72 units (50 proposed & 22 existing).

4.	Topography:	Sloped toward Jones Lake.

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 (Jones Lake)	Proposed: 180 feet

5 feet (side)	Proposed: 10 feet

2.	Parking Setbacks:	Required: 30 & 5 feet Proposed: 30 and 10 feet

3.	Total Parking (Proposed Bldg.):	Required: 130 Stalls - 50 of which must be enclosed.

Proposed: 130 Stalls - 50 enclosed.

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

Proposed: 60 Stalls - 22 stalls enclosed. Both the existing and proposed parking areas must be striped per Section 11-020 of the Zoning Ordinance.

5.	Disability Parking Required:	Two (2) stalls must be provided in the underground parking

(Proposed Building)	area; Four (4) stalls must be provided in the outdoor parking area. Said spaces must be as close to an entrance as possible.

Disability Parking Required:	Two (2) stalls must be provided in the outdoor parking area.

(Existing Building)	Said spaces must be as close to an entrance as possible.

Disability Parking Proposed:	The applicant has not shown disability parking spaces on the proposed plan, however, they will be required as a condition of approval.

6.	Stall Size:	9 x 18 (complies)

7.	Aisle Size:	Required: 24 feet	Proposed: 24 feet (complies)

8.	Total Drives:	Two (2)

9.	Drive Size:	Twenty-four (24) feet

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

11.	Parking Area Surface:	Bituminous

12.	Landscaping/Screening:	The City Forester reviewed the original Plans (large scale copy) and recommended that the Plan be completely revised to reflect species that would have better success in growing on this site. As a result, the applicant has revised the plans per the Forester's recommendation. Those plans are included in the this report (11x17 copy) and are dated 1-7-2000. This plan does accurately reflect the recommendations of the City Forester.

13.	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:	81,500 square foot 50-unit apartment building & underground parking. The proposed detached garage is 6,072 square feet in size.

2.	Structure Height:	Proposed: 35 feet

Required: 30 feet (variance is requested)

3.	Exterior Treatment:	Brick & 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 all of the nonconformities by installing perimeter curbing around the off-street parking and drive aisles, stripe the existing parking stalls, and construct detached garage units to meet the City Code.

Variance

The applicant is requesting a five (5) foot height variance to Section 4-340 of the Zoning Ordinance, which requires a maximum 30-foot height restriction for all structures within the R-3A Zoning District. The purpose of the request is to construct underground parking, rather than freestanding detached garages. Also, the applicant has designed the building to give the appearance of a pitched roof (see attached plans).

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.

The hardship and uniqueness in this instance are caused by the 150-foot setback requirement from the ordinary high water elevation from Jones Lake, and the soil conditions which limit the ability to dig an underground parking lot. If the City were to deny the variance, the applicant could still build an apartment building to meet code, however, the third floor would have to be eliminated, reducing the number of units to seventeen (17). This reduction in units would make the project economically unfeasible. Additionally, because of the 150-foot setback requirement from Jones Lake, fifty (50) detached garages could not be constructed on the site to meet the 150 foot setback requirement from Jones Lake.

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.

Staff considers the above criteria to be satisfied. The request is in conformance with the Comprehensive Plan in that the proposed use is allowed in the R-3A, Multiple Family Residential zoning district. Additionally the 5-foot height variance will not be out of character or detriment to the adjacent property or to the public as a whole.

Recommendation - Alternatives

Denial

Motion to waive the reading and adopt the attached resolutions recommending denial of VN-326.

Approval

Motion to waive the reading and adopt the attached resolutions recommending approval of VN-326, NC-116 & LP-360.

Staff Recommendation

Because the variance criteria are satisfied, staff recommends approval of the project subject to the following conditions:

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

2.	Perimeter curbing be installed around all off-street parking area and drive-aisles (both lots).

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

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

5.	Two (2) disability parking stalls must be provided in the underground parking area. Said spaces must be as close to an entrance as possible.

6.	Four (4) disability parking stalls must be provided in the outdoor parking area for the proposed building. Said spaces must be as close to an entrance as possible.

7.	Two (2) disability parking stalls must be provided in the outdoor parking area for the existing building. Said spaces must be as close to an entrance as possible.

8.	The landscaping plans shall be installed per the submitted plans dated 1-7-2000.

9.	The land owner shall be responsible for maintenance of all plant materials shown on the landscape plans dated 1-7-2000. Should any of the plant materials become diseased or die, they must be replaced.

10.	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.

11.	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.

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

13.	Any 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.

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

Cary K. Teague, City Planner