Planning Report

Date:	April 18, 2000

Case:	NC00-3

Subject:	Nonconforming Use Permit/Variance

Applicant:	City of New Brighton

Request & Background

To consider an application for a Type IV non-conforming use permit/variance to expand and reconfigure the parking lot for Totem Pole Park. This reconfiguration is part of the reconstruction project of the park shelter for Totem Pole Park. The existing parking for Totem Pole Park is located within the existing right-of-way on Foss Road. The proposed relocation site is further to the east closer to 9th Avenue SW, and is located on the park property out of the right-of-way, however, will be set just two feet back from the front property line, therefore, a Type IV nonconforming use permit/variance is requested.

Findings

Section 8-460, Non-Conforming Uses

Past Action

None

Site Characteristics

1.	Location:	1011 Foss Road

2.	Lot Size:	5.3 acres or 230,480 square feet

3.	Topography:	Flat

4.	Vegetation:	Landscaped with scattering of trees

5.	Sensitive Areas:	None

6.	Comprehensive Plan Designation:	Park

7.	Zoning:	R-1, Single Family Residential

8.	Surrounding Land Uses:

North:	Trailer Park (R-3B, Multiple Family)

South:	Single Family Homes (R-1, Single Family)

East:	Single Family Homes (R-1, Single Family)

West:	Single Family Homes (R-1, Single Family)

Site History

1.	Past Uses:	Totem Pole Park

Departmental Considerations

Community Development

1.	Parking & Drive Aisle Setbacks:	Required: 30'	Existing: 0'

Proposed 2' - There is physically no space on the site in close proximity to the new shelter building that could meet a 30 foot setback, therefore, a Type IV nonconforming use variance is requested.

2.	Parking Spaces Required:	Parks do not have a minimum parking space requirement. The existing parking lot contained stalls, the proposed new lot will provide for stalls. Therefore, the proposed new lot will provide significantly more parking and enable users of the park to not have to park on the adjacent streets.

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

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

5.	Drive Entrances:	One entrance off of Foss Road.

6.	Concrete Curbing:	Shall be required around the perimeter of the lot

7.	Parking Area Surface:	Bituminous

8.	Impact on Land Uses:	Minimal

Public Works

1.	Streets:	None

2.	Curb Cuts:	No new curb cuts proposed

3.	Utilities:	NA

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:	None

Building Official

1.	Structure Size:	NA

2.	Structure Height (required):	NA

3.	Structure Height (proposed):	NA

4.	Exterior Treatment:	NA

5.	UBC Compliance:	NA

6.	Other Considerations:	None

Parks

1.	Proximity of Parks:	Totem Pole Park

2.	Impact on Parks:	Increase in off-street parking available

3.	Impact on Community Facilities:	No need to park on the street

4.	Other Considerations:	None

Staff Comments

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, in fact they are actually located within the right-of-way for Foss Road

The applicant is addressing the nonconformity as much as possible by bringing the existing parking lot out of the Foss Road right-of-way. However, the required 30-foot setback cannot be met due to the location of the existing recreational areas on the site.

Nonconforming Use Variance

The applicant is requesting a twenty-eight (28) nonconforming use variance to reconstruct a parking lot at a 2-foot setback from the Foss Road right-of-way. 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 reconfigured without the need for a variance. There is not adequate room on the site to construct an off-street parking lot in close proximity to the proposed new shelter and still meet the required setback, without having to relocate the existing basketball court and tennis court.

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. The proposed setback is greater than the existing location of the parking area, 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 NC00-3, subject to the following conditions:

1.	Parking surface shall be paved with perimeter curbing.

2.	Individual parking stalls must be striped.

Cary K. Teague, City Planner