Planning Report

Date:	December 19, 2000

Case:	NC00-5 & LP00-14

Subject:	Nonconforming Use Permit & Site Plan

Applicant:	Weyerhaeuser - 185 5th Avenue SW

Request & Background

To consider an application for a site plan review and a type IV Nonconforming Use Permit to construct an addition to the Weyerhaeuser building located at 185 5th Avenue SW. The proposed addition would enclose the outside storage of recyclable materials. The building addition will total 8,500 square feet. Weyerhaeuser proposes to provide 15 additional parking spaces to meet the parking requirement of 47. A nonconforming use permit is required because the parking lot is within the front setback, the building is within the front setback, the parking lot surface is not entirely bituminous or concrete, the parking lot does not have curbing, the site does not meet the parking requirements for a warehouse and the outside storage of materials in an I-2 district is not allowed without a Special Use Permit.

Findings

Section 8-010, Site Plan Review

Section 8-410, Nonconforming Uses

Section 11-020, Parking Standards

Site Characteristics

1.	Location:	185 5th Avenue SW

2.	Lot Size:	3.9 acres

3.	Topography:	Flat

4.	Vegetation:	Landscaped - Mature trees and grass along 5th Avenue

5.	Sensitive Areas:	None

6.	Comprehensive Plan Designation:	HI Heavy Industrial

7.	Zoning:	I-2, Heavy Industrial

8.	Surrounding Land Uses:

North:	Industrial Use - I-2, Heavy Industrial

South:	Industrial Use - I-2, Heavy Industrial

East:	35W - Freeway

West:	Railroad Right of Way - I-2, Heavy Industrial

Site History

1.	Past Uses:

Departmental Considerations

Community Development

1.	Building Setbacks:	Required: 40' front; 15' side and 20' rear

Existing: 38' front, 15' side and 112' rear

2.	Parking & Drive Aisle Setbacks:	Required: 40 feet

Existing: 0-30 feet

3.	Parking Spaces Required:	Required:	1 space for 1000 sq. ft. = 47 stalls

Existing/Proposed:	32 existing; additional 15 proposed

4.	Stall Size:	9 x 18 (complies).

5.	Drive Aisle Size (two way):	Required: 24 feet	Existing: 30-70 feet

6.	Landscaping:	The boulevard along 5th Avenue is landscaped with several mature trees and bushes.

7.	Concrete Curbing:	Existing

8.	Parking Area Surface:	Bituminous and Gravel

9.	Impact on Land Uses:	The enclosure with reduce amount of materials being blown to surrounding sites and will eliminate the visual impacts of the current outside storage.

Public Works

1.	Streets:	None

2.	Curb Cuts:	No new curb cuts proposed.

3.	Utilities:	Existing

4.	Grading/Drainage:	No changes are proposed

5.	Rice Creek Watershed District:	A permit has been issued

6.	Environmental Concerns:	None

7.	MPCA:	Not Applicable

8.	Other Considerations:	None

Building Official

1.	Structure Size:	The addition will total 8,5001 square feet

2.	Structure Height (required):	40 feet

3.	Structure Height (proposed):	36'-2" tall

4.	Exterior Treatment:	Cold formed metal panel and masonry wall.

5.	UBC Compliance:	NA

6.	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

Staff Comments

The applicant has requested this item to be continued until the January meeting in order for them to submit their site plan application.

Nonconforming Use Permit

As specified in Section 8-610 of the New Brighton Zoning Ordinance, no Type IV Nonconforming Use Permit shall be granted unless one or more of the following conditions are met:

a.	The total number of nonconformities is reduced.

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

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

The proposed addition will reduce the total number of nonconformities by eliminating the outside storage of materials and the parking requirements will be met. The impact of the outside storage on adjacent properties will be reduced by minimizing the amount of materials being blown off the storage area.

Recommendation

Motion to waive the reading and adopt the attached resolution recommending approval of LP00-14 and NC00-5, subject to the following conditions:

1.	Review and approval of the rice creek watershed district.

2.	Individual parking stalls be striped.

3.	Perimeter curbing shall be installed around all off-street parking areas and drive-aisles.

4.	All areas utilized for off-street parking, storage and drive-aisles shall be paved with bituminous surface.

5.	Site landscaping shall be installed per the requested landscape plans.

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 approved plans.

Mark Andrle, Community Development Specialist