Planning Report

Date:	March 21, 2000

Case:	LP00-1, NC00-2, SP00-3,

Subject:	Site Plan, Nonconforming Use Permit/Variance, & Special Use Permit

Applicant:	ISD #621-Pike Lake Elementary/City of New Brighton

Request & Background

To consider an application for a site plan review, special use permit, and a type IV non-conforming use permit/variance to construct an addition to Pike Lake Elementary School, and expand/reconfigure the parking lot for Freedom Park. The proposed additions consist of a new entryway/administrative office (950 s.f.), two new classrooms (1,975 s.f.), and a new mechanical room (975 s.f.). The reconfigured parking area will include a "drop-off" cul-de-sac with a sidewalk leading into the building, and additional parking spaces. This reconfiguration is proposed to create a safe area for parents to drop off and pick up their children.

Findings

Section 8-010, Site Plan Review

Section 8-130, Special Use Permit

Section 8-460, Non-Conforming Uses

Past Action

May 8, 1987 - Approval of a Special Use Permit (SP-141), & Non-Conforming Use Permit (NC-
80)

Site Characteristics

1.	Location:	2101 14th Street NW

2.	Lot Size:	9.1 acres or 399,375 square feet

3.	Topography:	Flat with the exception of an embankment along the east side of the existing building

4.	Vegetation:	Landscaped - Mature trees and grass

5.	Sensitive Areas:	None

6.	Comprehensive Plan Designation:	Quasi-Public (school); Park (Freedom Park)

7.	Zoning:	R-1, Single Family Residential

8.	Surrounding Land Uses:

North:	Apartment Buildings, - R-3A, Multiple Family Residential

South:	Single Family Homes & Brighton Square townhomes - R-1, Single Family & R-2, Two Family Residential

East:	Single Family Homes - R-1, Single Family Residential

West:	Freedom Park - R-1, Single Family Residential

Site History

1.	Past Uses:	Pike Lake Elementary School & Freedom Park

Departmental Considerations

Community Development

1.	Building Setbacks:	Required: 30 feet	Proposed: 65 feet

2.	Parking & Drive Aisle Setbacks:	Required: 30'	Existing: 4' - No changes proposed. There is physically no space on the site to alter the plans, therefore, a Type IV nonconforming use variance is requested.

3.	Parking Spaces Required:	Per the original SP-141, approved in 1987, 72 parking stalls were proposed (no standards at the time). There are 35 parking spaces within the adjacent Freedom Park. The applicant is proposing to expand the parking area into Freedom Park for an additional 4 spaces (18 spaces minus 14 spaces lost as a result of the new child drop-off area). In 1988, the City amended the Zoning Ordinance to include specific parking regulations. The following standards therefore, now apply:

Required:	1 space per class +1 stall per 50 students = 46 stalls

Existing/Proposed:	69 stalls + 40 in Freedom Park

4.	Stall Size:	9 x 20 (complies).

5.	Drive Aisle Size (two way):	Required: 24 feet	Existing: 24 feet

6.	Drive Entrances:	All existing. No proposed changes

7.	Landscaping:	The applicant is proposing to sod around the reconfigured parking area and proposed classroom addition. Additionally, within the Freedom Park cul-de-sac drop-off/pick up area, five (5) Spring Snow Crab Trees, nine (9) Winged Euonymus will be planted. Additionally, two (2) Patmore Ash will be planted on the east side of the Freedom Park parking lot, and nine(9) Scandia Junipers planted along the new sidewalk into the new entryway. The Forester has reviewed the plans and found them to acceptable.

8.	Concrete Curbing:	Existing

9.	Density/FAR:	Allowed:	30%

Proposed:	18%

10.	Parking Area Surface:	Bituminous

11.	Impact on Land Uses:	Minimal

Public Works

1.	Streets:	None

2.	Curb Cuts:	No new curb cuts proposed

3.	Utilities:	Per recommendation of the City Engineer, the catch basin proposed in the existing parking lot of Freedom Park shall be relocated to just south of the parking lot. The applicant shall work with Engineering Department to relocate this catch basin.

4.	Grading/Drainage:	There are no proposed changes to grading or drainage.

5.	Rice Creek Watershed District:	No permit required

6.	Environmental Concerns:	None

7.	MPCA:	Not Applicable

8.	Other Considerations:	The paved surface for the proposed addition to the Freedom Park parking lot shall match the existing surface.

Building Official

1.	Structure Size:	The three additions total 3,900 square feet

2.	Structure Height (required):	30 feet

3.	Structure Height (proposed):	15 feet tall

4.	Exterior Treatment:	Brick. The proposed addition shall match the existing building.

5.	UBC Compliance:	Will be required

6.	Other Considerations:	None

Parks

1.	Proximity of Parks:	Meadow Wood Park to the northwest

2.	Proximity to Community Facilities:	NA

3.	Impact on Parks:	None

4.	Impact on Community Facilities:	None

5.	Other Considerations:	None

Staff Comments

Special Use Permit

As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find:

a.	That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public.

b.	That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.	That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.	That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e.	That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located.

The proposed use will not be detrimental to the public health and safety, and will not negatively effect property values in the area. This site will be served by existing utilities.

Type IV Nonconforming Use

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, per Section 8-460.b., such permission may be granted only if one or more of the following conditions are met:

a.	The total number of nonconformities is reduced.

b.	The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent.

c.	The extent of any nonconformity is reduced where practical.

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

a.	The existing on-site parking stalls do not meet the required 30 foot setback.

As previously mentioned, in 1987, the applicant obtained a nonconforming use permit to allow the existing five (5) foot front yard setback for the off-street parking area. At that time it was found that the site could not be altered in order to meet the required setback. That finding holds true today, as the parking lot cannot be reconfigured to meet the required setback without eliminating parking stalls.

Nonconforming Use Variance

The applicant is requesting a twenty-five (25) nonconforming use variance to continue the existing 5-foot parking lot setback for the parking lot for both Freedom Park and Pike Lake Elementary. Per Section 8-
460.d. of the New Brighton Zoning Ordinance, the City Council may allow an expansion of a type IV nonconformity, by granting approval of a nonconforming use variance, if the conditions for granting a variance are present.

In considering an application for this type IV nonconforming use 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.

A hardship would be brought upon the applicant, as the existing parking area could not be expanded without the need for a variance. There is not adequate room on the site to expand the off-street parking lot and still meet the required setback, without having to relocate the park building and the hockey rink.

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 an expansion of the park facilities which is an allowed use in the R-1, Single Family Residential zoning district. Additionally the proposed setback matches the existing setback for the parking lot, therefore, will not be out of character or detriment to the adjacent property or to the public as a whole.

Recommendation

Motion to waive the reading and adopt the attached resolution recommending approval of LP00-1 and SP00-3, subject to the following conditions:

a.	Continued compliance with SP-141.

b.	The proposed landscaping shall be installed per the Landscape Plan dated 3-3-2000.

c.	The paved surface for the proposed addition to the Freedom Park parking lot shall match the existing surface.

d.	The catch basin proposed in the existing parking lot of Freedom Park shall be relocated to just south of the parking lot. The applicant shall work with Engineering Department to relocate this catch basin.

Motion to waive the reading and adopt the attached resolution recommending approval of NC00-2, subject to the following conditions:

a.	Continued compliance with SP-141.

b.	The proposed landscaping shall be installed per the Landscape Plan dated 3-3-2000.

c.	The paved surface for the proposed addition to the Freedom Park parking lot shall match the existing surface.

d.	The catch basin proposed in the existing parking lot of Freedom Park shall be relocated to just south of the parking lot. The applicant shall work with Engineering Department to relocate this catch basin.

Cary K. Teague, City Planner