city of new brighton planning commission meeting october 18, 2005 agenda item: 6a (public hearing)...

City of New BrightonCity of New BrightonPlanning Commission MeetingPlanning Commission MeetingOctober 18, 2005October 18, 2005

Agenda Item: 6A (Public Hearing)Agenda Item: 6A (Public Hearing)Special Use Permit for Detached Garage Special Use Permit for Detached Garage Exceeding Exceeding 624 S.F. (SP05-15)624 S.F. (SP05-15)

2529 County Road H2529 County Road H

Agenda Item: 6A (Public Hearing)Agenda Item: 6A (Public Hearing)Special Use Permit (SP05-15)Special Use Permit (SP05-15)

2529 County Rd. H2529 County Rd. H

2529 County Road H2529 County Road H Applicant: Ray HableApplicant: Ray Hable Proposal to build detached garage of 840 S.F.Proposal to build detached garage of 840 S.F. Zoning Code requires a Special Use Permit for Zoning Code requires a Special Use Permit for

detached garage in excess of 624 S.F.detached garage in excess of 624 S.F. Requires public hearing by Planning Requires public hearing by Planning

Commission and approval by City Council.Commission and approval by City Council.

2529 County Rd. H

2529 County Road H

Existing House

Proposed Garage

North



Land Use RegulationsLand Use Regulations Accessory buildings in residential districtsAccessory buildings in residential districts Special use permit requirementsSpecial use permit requirements



Accessory Building RequirementsAccessory Building Requirements Buildings in excess of 624 S.F. require special Buildings in excess of 624 S.F. require special

use permit and compliance with additional use permit and compliance with additional conditions.conditions.

Roof and exterior must be complimentary.Roof and exterior must be complimentary. Landscape screening (when appropriate).Landscape screening (when appropriate). No commercial or home occupation activity.No commercial or home occupation activity.



Special Use StandardsSpecial Use Standards No negative impact on public health and safety.No negative impact on public health and safety. No injurious impact on adjoining properties (use No injurious impact on adjoining properties (use

and value). and value). Doesn’t impede normal or orderly development Doesn’t impede normal or orderly development

of surrounding property.of surrounding property. Access to adequate utilities, roads, etc.Access to adequate utilities, roads, etc. Conforms to all other district regulations.Conforms to all other district regulations.



Staff AnalysisStaff Analysis Use conforms with R-1 zoning district.Use conforms with R-1 zoning district. Building meets setback requirements.Building meets setback requirements. Proposed building does not exceed lot Proposed building does not exceed lot

coverage or impervious surface thresholds.coverage or impervious surface thresholds. Existing driveway encroaches into side yard Existing driveway encroaches into side yard

setback (correction would be condition of setback (correction would be condition of approval).approval).



Staff RecommendationStaff Recommendation Conduct public hearingConduct public hearing Adopt resolution recommending City Council Adopt resolution recommending City Council

approve SP05-15.approve SP05-15.


Agenda Item: 6B (Public Hearing)Agenda Item: 6B (Public Hearing)Amendment to General Development Plan / Amendment to General Development Plan / Planned Unit Development (GP05-01)Planned Unit Development (GP05-01)

Main Street Village (5Main Street Village (5thth Ave. NW & Cty. Rd. E2) Ave. NW & Cty. Rd. E2)

Agenda Item: 6B (Public Hearing)Agenda Item: 6B (Public Hearing)General Development Plan Amendment (GP05-01)General Development Plan Amendment (GP05-01)

Main Street VillageMain Street Village

Main Street Village Main Street Village Applicant: Pratt OrdwayApplicant: Pratt Ordway General Development Plan AmendmentGeneral Development Plan Amendment Developer proposing to modify approved site Developer proposing to modify approved site

plan.plan. Allow for change in use of Building D.Allow for change in use of Building D. Site previously approved for restaurant.Site previously approved for restaurant. New plan to accommodate post office for New plan to accommodate post office for

Building D.Building D.



Developer has received interest for restaurant Developer has received interest for restaurant and deli in Building E (corner retail site).and deli in Building E (corner retail site).

Zoning Code related to Planned Unit Zoning Code related to Planned Unit Developments (PUD) requires formal Developments (PUD) requires formal amendment process.amendment process.

Main Street Village PUD was originally Main Street Village PUD was originally approved in 2001.approved in 2001.

Subsequent PUD amendments in 2002 and Subsequent PUD amendments in 2002 and 2003.2003.

Building D (Proposed Post

Office)

Building E

(Existing Retail Center)

Main Street Village (Plat)

Main Street Village

Revised Site Plan

North

Proposed Post Office



Minor subdivision approved by City Council in Minor subdivision approved by City Council in May 2005 to allow for split of Lot 4, Block 1.May 2005 to allow for split of Lot 4, Block 1.

Created separate and distinct parcel for Created separate and distinct parcel for development of Buildings D and E. development of Buildings D and E.

PUD amendment process requires public PUD amendment process requires public hearing before Planning Commission.hearing before Planning Commission.

Formal approval by City Council.Formal approval by City Council.



Staff AnalysisStaff Analysis Developer needs PUD amendment in order to Developer needs PUD amendment in order to

proceed with post office negotiations.proceed with post office negotiations. Purpose of the amendment is to allow for a Purpose of the amendment is to allow for a

change in the proposed uses. change in the proposed uses. Consistent with original development concept Consistent with original development concept

(e.g. office, housing and neighborhood retail).(e.g. office, housing and neighborhood retail). Recommend that developer return with site Recommend that developer return with site

plan and building elevations for post office.plan and building elevations for post office.



Staff AnalysisStaff Analysis Discussions pending with restaurant / deli Discussions pending with restaurant / deli

owner are impacted.owner are impacted.



Staff RecommendationStaff Recommendation Conduct public hearingConduct public hearing Adopt resolution recommending City Council Adopt resolution recommending City Council

approve GP05-01.approve GP05-01.


Agenda Item: 7A (General Business)Agenda Item: 7A (General Business)Variance Request for Front Yard SetbackVariance Request for Front Yard Setback

2830 Forestdale Rd.2830 Forestdale Rd.

Agenda Item: 7A (General Business)Agenda Item: 7A (General Business) Variance Request (VN05-03) Variance Request (VN05-03)

2830 Forestdale Rd2830 Forestdale Rd

2830 Forestdale Road2830 Forestdale Road Applicant: David Long, Murphy BrothersApplicant: David Long, Murphy Brothers Applicant proposing a room addition and 3Applicant proposing a room addition and 3 rdrd

stall attached garage.stall attached garage. Item previously reviewed by Planning Item previously reviewed by Planning

Commission at public hearing (9-20-2005). Commission at public hearing (9-20-2005). Review included Type-4 non-conforming use Review included Type-4 non-conforming use

permit; variance request for front yard setback.permit; variance request for front yard setback.



Planning Commission recommended approval Planning Commission recommended approval of non-conforming use permit; denial of of non-conforming use permit; denial of variance.variance.

City Council approved Type 4 non-conforming City Council approved Type 4 non-conforming use permit on (9-27-2005).use permit on (9-27-2005).

Tabled action on variance; re-directed Tabled action on variance; re-directed applicant to go back to Planning Commission.applicant to go back to Planning Commission.

Action this evening is consideration of variance Action this evening is consideration of variance component only.component only.



New public hearing not required; context of New public hearing not required; context of tabled action by City Council.tabled action by City Council.

Applicant requesting variance of front yard Applicant requesting variance of front yard setback (30’ to 21’)setback (30’ to 21’)

Existing garage encroaches 9’ into setback.Existing garage encroaches 9’ into setback. Convex shaped lot.Convex shaped lot. Proposed 3Proposed 3rdrd garage stall built to same 21’ garage stall built to same 21’

setback. setback.

2830 Forestdale Road

Proposed 3rd Stall

Room Addition

New Driveway & Curb Cut



Issues to Consider in Granting VarianceIssues to Consider in Granting Variance Undue hardshipUndue hardship Unique circumstancesUnique circumstances Must relate to the propertyMust relate to the property Conform with comprehensive planConform with comprehensive plan Not detrimental to adjacent properties or Not detrimental to adjacent properties or

general public.general public. Applicant to prepare hardship statement.Applicant to prepare hardship statement.



Applicant’s Hardship StatementApplicant’s Hardship Statement Shape of lot (convex shape limits options on Shape of lot (convex shape limits options on

building placement).building placement). Slope of lot (9%-10% grade in side yard; Slope of lot (9%-10% grade in side yard;

creates engineering, drainage and aesthetic creates engineering, drainage and aesthetic problems)problems)

Other site plan option (west side) could have Other site plan option (west side) could have detrimental affect on adjoining properties detrimental affect on adjoining properties (appearance of twin home).(appearance of twin home).



Staff AnalysisStaff Analysis Original design encroached further into front Original design encroached further into front

yard setback.yard setback. Staff met with applicant to encourage Staff met with applicant to encourage

alternatives that would not require a variance.alternatives that would not require a variance. Applicant relocated garage as far back as Applicant relocated garage as far back as

possible given site constraints.possible given site constraints. Concur with applicant’s hardship statement.Concur with applicant’s hardship statement.



Staff RecommendationStaff Recommendation Adopt resolution recommending City Council Adopt resolution recommending City Council

approve VN05-03.approve VN05-03.

city of new brighton planning commission meeting october 18, 2005 agenda item: 6a (public hearing)...

Documents

use of building d

public health

b public hearingamendment

county road hagenda

e2agenda item

main street village

new plan

approved site plan