Agenda - Council - 07/23/2019 - Laserfiche WebLink

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CC Regular Session Meeting Date: 07/23/2019 Submitted For: Tim Gladhill, Community Development By: Eric Maass, Community Development 7. 2. Information Title: Adopt Resolution #19-180 Approving Appeal for a Denied Variance to Bufferyard Setbacks and Resolution #19-152 Approving Development Agreement; Case of Delta ModTech (Project #19-108) Purpose/Background: The purpose of this case is to: 1. Consider an Appeal to a Denied Variance 2. Approve Standard Development Agreement The City received an application from Delta ModTech (the "Applicant") for a variance to the buffer yard requirements for industrial businesses adjacent to residential properties as well as review of the proposed development agreement and associated agreements for the development project. The Planning Commission reviewed the variance request and held a public hearing at its meeting on July 10, 2019. The Planning Commission denied the variance request. The Applicant has since submitted an appeal of the Planning Commissions decision to the City Council. Staff acknowledges that this is a unique action for the City Council, and will update this case with information as requested. Staff is providing baseline information, but will add additional information as needed to support policy decision -making. In addition to the standard setback, bufferyards are required greenspace areas intended to provide additional screening and transition of businesses that are adjacent to residential areas. The Subject Property is adjacent to a 3 acre residential parcel which contains a single home but is zoned as R-3 High Density Residential. The adjacent property was originally part of the zoning amendment to rezone the area to E-3 Employment however the adjacent property was removed for consideration of possible high density housing which resulted in the R-3 zoning designation. The bufferyard requirement for E-3 adjacent to R-3 is 60 feet with a 30% increase in plantings within the bufferyard. Notification: Letters were sent via Standard US Mail to all Property Owners within 700 feet of the Property regarding the previous Public Hearing. The Property Owner List was generated by the Anoka County Tax Database. The Public Hearing Notice was also published in the Anoka County Union Herald. Notifications have not been provided for this meeting. Observations/Alternatives: Variance Appeal Overview The Applicant is currently showing an access drive that infringes upon the 60 foot buffer yard area. A setback of 40 feet from the property line to the proposed access drive is currently shown with the remaining 20 feet of buffer yard area utilized by an access drive. The bufferyard requirement for E-3 adjacent to R-3 is 60 feet with a 30% increase in plantings within the bufferyard. Of key note, the proposed building is setback approximately 190 feet from the shared property line, much further than required. Only the drive aisle encroaches by 20 feet. When contemplating a Variance, the City must determine that there is a practical difficulty in complying with the zoning ordinance, as defined as the following: