Planning
Report
Date:
Case: NC04-02, LP04-04
Subject: Non-Conforming
Use Permit & Site Plan
Applicant: Faulkner Construction on behalf of Doug DuFresne
of Midwest Powder Coating, Inc.
Request
The Planning Commission is
asked to hold a public hearing and consider an application by Mr. James
Faulkner, Architect, on behalf of Assembly, Packaging, & Screen Printing,
for a Nonconforming Use Permit and Site Plan Review.
The purpose of the request is
to construct a 14,000 square foot addition onto the existing building at
1.
The employee parking
area does not have curb and gutter on the west side; and encroaches into the
front yard setback;
2.
The existing
structure encroaches into the rear yard setback;
3.
The landscaping
is dead or missing; and,
4.
Outdoor storage
is not screened from the right-of-way.
The Zoning Code identifies
the above conditions as a Type 4 Nonconforming Use, which requires a public
hearing.
Findings
C Section 8-010, Site Plan Review
C Section 8-460, Regulations as to Type 4 Nonconformities
Site
Characteristics
1. Location:
2.
3. Topography: flat
4. Vegetation: trees along south side; dead landscaping
around perimeter
5. Sensitive Areas: none
6. Comprehensive Plan Designation: HI, Heavy Industrial
7. Zoning: I-2, Heavy
Industrial
8. Surrounding
Land Uses:
North: Heavy Industrial
- Rebarfab, Inc
South: Heavy
Industrial – Armstrong Rigging
East:
Heavy
Industrial - Rebarfab, Inc
West: Modern Press
Printing – Light Industrial.
Site
History
1. Past
Uses:
2. Historical
Significance: None
Departmental
Considerations
Community
Development
1.
Building
Setbacks:
|
|
Required |
Existing |
Proposed |
|
Front |
40’ |
40’ |
40’ |
|
Side Street |
40’ |
242 |
105’ |
|
Side |
15’ |
30’ |
30’ |
|
Rear |
20’ |
11 |
11’ |
The existing building encroaches into the rear yard setback
for Industrial lots by 9 feet.
2.
Parking
& Drive Aisle Setbacks:
|
|
Required |
Existing |
Proposed |
|
Front |
40’ |
10 |
40’ |
|
Side Street |
40’ |
115’ |
40’ |
|
Side |
5’ |
5’ |
5’ |
|
Rear |
5’ |
12’ |
12’ |
The
applicant has a shared parking and access agreement with the adjacent property
owner to the east, Rebarfab, Inc. The
City has a signed letter by the President and CEO, Mr. James Belland.
The
parking lot has two nonconformities: an existing encroachment into the front
yard setback; and, curbing on the east side of the lot is missing. The proposal is to remove the encroaching
spaces within the front yard setback and landscape the area. Also, the applicant is proposing to pull
existing parking within the required setback on the west side.
3. Parking
Spaces Required: 1 per 350 sq.
ft or 1 per employee on a major shift.
20 employees
Proposed
Parking: 41 stalls.
4. Parking
Spaces Proposed: 15 stalls
existing
Future
parking area is proposed to extend west from and can provide an additional 26 stalls.
Existing
lot to the west is partially paved; new stalls are proposed to be paved and
The
proposed lot eliminates the parking surface non-conformity
5. Handicap
Parking: Required: 1
Stall Existing: 0 Stalls
Not
shown on plan. Building permit submittal
should show
6. Stall
Size: 9
x 18 (complies)
7. Drive
Aisle Size (two way): Required:
24 feet Proposed: 24 feet
9. Driveway
Width: Maximum: 36 feet Existing:
30 feet
Proposed: 30 feet.
The applicant will need to apply with the
Department of Public Works for a curb cut permit for the new west side driveway
onto 1st Street SW.
10. Concrete
Curbing: missing
along east lot line
11. Parking
Area Surface: mixed; bituminous
with a large dirt/gravel areas.
12. Landscaping/Screening: The applicant is proposing to
plant 4 snow mound crab trees and 5 hydrangea specimens along the south lot
line along
At
time of writing, I have not spoken to the City Forester about the submitted
plans
13. Impact
on Land Uses: None
Public
Works
1. Streets: Street
and utilities off of
2. Curb
Cuts: One
new curb cut proposed
This
will require a curb cut permit from the City
3. Utilities:
Existing
4. Grading/Drainage: New parking lot to drain
south toward
5. Rice
Creek Watershed District: applied for.
6. Environmental
Concerns: None
7. Other
Considerations: None
Building
Official
1. Structure
Size: Existing: 13,264 square feet
Proposed: 14,000 square ft. addition (27,264
total)
2. Structure
Height (allowed): 40 feet
3. Structure
Height (proposed): 21 feet
(complies).
4. Exterior
Treatment: Painted concrete
block and panel - to match the existing building
Fire
1. Hydrant
Locations: South across
street
2. Access
to Site: Adequate
3. Access
to Structure: Adequate
4. Other
Considerations: None
Staff
Comments
Type 4 nonconforming
use permit
The purpose of the request is
to construct an addition onto the existing building. The list below is the existing
non-conformities:
1.
The employee
parking area does not have curb and gutter on the west side; and encroaches
into the front yard setback;
2.
The existing
structure encroaches into the rear yard setback;
3.
The landscaping
is dead or missing; and,
4.
Outdoor storage
is not screened from the right-of-way.
1. Parking setbacks and
materials
The existing parking does
not meet the required forty (40) foot front yard setback and much of the west
lot is dirt or gravel. The applicant is
proposing to expand, pave, and provide curb and gutter around a new parking
area in the west yard (
The new parking area conforms to yard setback
requirements.
2. The existing structure encroaches into the rear yard
setback
The existing building encroaches 9 feet into the rear yard. The applicant’s production lines maximize the
internal space. The applicant believes
conforming to the building setback is not reasonable and not feasible.
This non-conformity will
remain with the property
3.
The
landscaping is dead or missing
The
existing trees along the south side of the building are alive. There does not seem to be any landscaping
along the west side adjacent to the
Although
the submitted landscape plans will be better than the existing conditions, the
applicant should detail “plantings” for the west side and submit them to Staff.
4.
Outdoor
storage is not screened from the right-of-way.
The
new addition will have additional inside storage and therefore remove this
non-conformity.
This non-conformity is satisfied
Sec. 8-460.
Regulations.
The Council may grant permission
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
applicant’s site plan reduces the number of nonconformities by the addition of
a paved parking area with curb and gutter, improving the landscaping, and
removing the unscreened, outdoor storage.
These improvements will greatly improve the overall image of the site.
The
proposed site plan meets the regulations for Type 4 Nonconformities of Section 8-460
Staff Recommendation
Staff recommends approval of the non-conforming use
permit and site plan subject to the conditions outlined below.
Approval
Motion to waive
the reading and adopt the attached resolution recommending approval of
the Non-conforming Use Permit and Site Plan NC-02-02 and LP04-04 subject
to the following conditions:
1. Review by and compliance with Rice Creek Watershed District.
2. A
drawing for the west elevation is submitted and approved by the City Planner.
3. A
permit is applied for and approved by the City Engineer for the new curb cut.
4. An
5. Landscape
plans are re-submitted to be approved by the City Planner.
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City Planner |