Agenda - Planning Commission - 11/05/2020

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• Conditional Use Permit - Outdoor Storage • Is the expansion an acceptable area of coverage? • Should additional screening be required? • Variance • Is the structure placed in an acceptable location to the Planning Commission? • Currently placed 5 feet from rear property line, Code requires 35 feet separation. • When considering a Variance, the Planning Commission shall consider the following factors: • Will the variance allow the property owner to use the property in a reasonable manner? • Is the plight of the landowner is due to circumstances unique to the property and not created by the landowner? • Will the variance, if granted, alter the essential character of the locality? • The Applicant will continue to use the membrane structure for retail sale of mulch and salt for Ramsey residents, a reasonable use in the E-1 Employment District. The Applicant did create this circumstance as it was the result of them constructing an accessory structure on the Subject Property without the appropriate permits. Many of the surrounding properties have buildings within the 35 foot rear setback, and the Subject Property is larger than some parcels in the area so the request would be consistent with the general character of the area. • As a reminder, when addressing variances, the Planning Commission is acting in a quasi-judicial capacity rather than in an advisory capacity. Alternatives Alternative 1: Recommend approval for the Interim Use Permit for the membrane structure, Variance to rear setback, and Conditional Use Permit for expansion of legal, nonconforming use as requested. Alternative 2: Deny all requests. Should the Variance and Interim Use Permit be denied, it would result in necessary modifications and/or removal of the membrane structure owned by the Applicant. Should the Conditional Use Permit be denied, it would result in the Applicant seeking alternative plans for storage and parking on the Subject Property. Alternative 3: Recommend approval of specific requests. Next Steps • Recommend adoption of Resolution #20-189 to City Council Approving an Interim Use Permit for the membrane structure and Conditional Use Permit for expansion of legal, nonconforming use on the Subject Property. • Adopt Resolution #20-257 approving variance for rear yard setback. Funding Source: Costs associated with this proposal are the responsibility of the Applicant. Recommendation: Staff recommends approval of the case, contingent upon amendments as outlined in Resolution #20-189. The Planning Commission may add a termination date of five (5) years from the date of approval to the Interim Use Permit, per past approvals and allowed by City Code. Action: Motion to recommend the City Council adopt Resolution #20-189 Approving an Interim Use Permit (IUP) for Use of a Membrane Accessory Structure and Conditional Use Permit (CUP) for Expansion of Outdoor Storage. Motion to Adopt Resolution #20-257 approving a Variance to Reduce the Rear Building Setback of the Membrane Structure for Lawn Monster.