Planning Report

Date:	June 20, 2000

Case:	VN00-4

Subject:	Side Yard Setback Variance

Applicant:	Meritide Inc.

Request

To hold a public hearing and consider a request by Meritide Inc. for a 15-foot side yard setback variance to construct a 15 x 75 foot deck on the west side of the Brighton East Office Center. The proposed deck is required to be set 30-feet back from the side lot line, due to the fact that the adjacent property is zoned R-1, Single Family Residential.

Findings

•	Section 5-110. B-2, Neighborhood Business District

•	Section 8-210. Variance

Site Characteristics

1.	Location:	The northwest corner of County Road D and Cleveland Avenue (708 Cleveland Avenue)

2.	Lot Size:	The site is 1.6 acres or 69,002 square feet in size

3.	Topography:	Flat

4.	Vegetation:	None

5.	Sensitive Areas:	There is a 75-foot wide NSP Easement that runs perpendicular through the site

Site History

1.	Past Uses:	Ken's Market and the Higher Grounds Coffee Shop

2.	Historical Significance:	Long time businesses within the City of New Brighton

Departmental Considerations

Community Development

1.	Proposed Use:	To construct a deck off of the west side of the second story of a two-story 12,150 square foot office building. The deck is proposed to be designed with an outdoor seating area, planters, a net for driving golf balls and carpeting for putting golf balls.

2.	Surrounding Land Uses:

North:	Single Family Residential

South:	Commercial (City of Roseville)

East:	Commercial (City of Roseville)

West:	Vacant wooded Outlot (I-35W)

3.	Density/FAR:	Allowed: 75% Proposed: 24%

4.	Required Setback:	Required Side:	30 feet (adjacent to residential property)

Proposed Side:	15 feet (Variance Requested)

5.	Total Parking:	NA

6.	Landscaping/Screening:

7.	Impact on Surrounding Land Uses:

8.	Comp. Plan Designation:	Neighborhood Business

9.	Zoning:	B-2, Neighborhood Business

10.	Other Considerations:	None

Public Works

1.	Streets:	None

2.	Curb Cuts:	No changes proposed

3.	Utilities:	NA

4.	Easements:	A 75-foot wide NSP utility easement that runs diagonally through the property. The proposed deck does not effect this easement.

5.	Grading/Drainage:	There are no proposed changes to the grading plans which were previously reviewed and approved by the City Engineer.

6.	Rice Creek Watershed District:	No permit required

7.	Environmental Concerns:	None

8.	MPCA:	Not Applicable

9.	Other Considerations:	None

Building Official

1.	Structure Size:	NA

2.	Structure Height:	NA

3.	Exterior Treatment:	NA

4.	UBC Compliance:	Will be required

5.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	None

2.	Garbage/Rubbish Enclosures:	NA

3.	Seating Requirements:	NA

4.	Kitchen Facilities:	NA

5.	Other Considerations:	None

Forestry

1.	Tree Identification:	NA

2.	Diseased Trees:	None

3.	Tree Preservation:	None

4.	Landscape Plan:

5.	Other Considerations:	None

Staff Comments

Variance

The applicant is requesting a 15-foot side yard setback variance to construct a 15 x 75 foot deck on the west side of the Brighton East Office Center. The proposed deck is required to be set 30-feet back from the side lot line, due to the fact that the adjacent property is zoned R-1, Single Family Residential.

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.

Meritide is a software development company with 20 employees. They utilize the second floor of the Brighton East Office Center for training and research and development of software products. Meritide has stated in their attached letter, that the employment market for software professionals is extremely tight with large shortages in the industry. Therefore, they must distinguish themselves from the competition. One way to do so is to offer the proposed deck, which would be used as an outdoor seating area, a gas grille, and a golf driving range. The applicant feels that the hardship would be brought upon them in their recruiting and keeping employees if the variance is denied.

Staff however, does not feel that a hardship would be brought upon the applicant if the variance is denied. While it would be a very nice amenity to provide a deck for employees to barbeque and hit golf balls, it is not a necessary use for an office building. Should the variance be denied, the use of the building (office) would be maintained. Additionally, Meritide is a tenant in the Brighton East Office Center, and were aware of the restrictive setback on this side of the building when they moved in last December. Therefore, staff does not feel that this criterion is satisfied.

2.	There are unique circumstances related to this site.

A case can certainly be made for unique circumstances related to this site. The adjacent strip of land, which is part of the apartment property to the north, is just 45-feet wide and is actually zoned R-1, Single Family Residential and therefore, requires a 30-foot structure setback. If this land were zoned B-2, similar to the subject Brighton Office Center site, a variance would not be necessary to construct the deck, as there is no side yard structure setback requirement in the B-2 Zoning District. Additionally, this 45-foot strip of land is not likely to develop as it is land needed to meet the City's density requirement for the apartments to the north. The purpose of the 30-foot setback requirement from residential property is to provide a buffer area for screening and landscaping between residential homes and commercial property. In this instance the buffer area is not necessary.

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 would be allowed in the B-2 district, additionally, the proposed deck will not be visible except by cars traveling east on County Road D and cars exiting I-35W. The proposed deck within the required setback will not be out of character or detriment to the adjacent property or to the public as a whole.

Recommendation - Alternatives

Approval

Motion to waive the reading and adopt the attached resolution recommending approval of VN00-4.

Denial

Motion to waive the reading and adopt the attached resolution recommending denial of VN00-4.

Staff Recommendation

Despite the facts that there are unique circumstances related to this request, and the deck will not be visible from Cleveland Avenue or adjacent property to the north, staff feels that the hardship criterion is not satisfied. A hardship would not be brought upon the applicant is the City denies the variance, therefore, staff must recommend denial of the proposed variance request.

Cary K. Teague, City Planner