Agenda - Planning Commission - 03/28/2024

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plantings outside the fence. This will still maintain screening of the use from the residential properties across the street, but will soften the aesthetics more so with the landscaping outside the fence. There are two (2) existing accesses to the Subject Property currently, both on 142nd Avenue. The Applicant is proposing to retain both accesses, but would be shifting the western one slightly closer to Highway 47 and the eastern one slightly closer to Xkimo Street. There is an existing concrete sidewalk adjacent to the Subject Property along Xkimo Street. The Site Plan does show a future trail parallel to Highway 47 (there is an existing trail easement across the western portion of the Subject Property), which the city is looking at constructing to connect with the trail segment north of the Subject Property (up near the intersection of Xkimo Street and Highway 47). The Subject Property is within the Metropolitan Urban Service Area (MUSA) and therefore, will need to connect to sanitary sewer and municipal water, which is shown on the plans. Conditional Use Permit As noted previously, Motor Vehicle Repair is a Conditional Use in the B-2 Community Business District. City Code Section 106-525 (Performance Standards) (11) outlines specific standards that are applicable to any new motor vehicle repair business. These have been incorporated as conditions into the Conditional Use Permit. Additionally, Staff also included conditions prohibiting cannibalizing vehicles on site for parts to be used to repair other vehicles and prohibiting the storage of parts outside on the Subject Property. The Planning Commission can, if it so desires, add additional conditions to the permit that are directly related to the proposed use. Variance Although the Subject Property is about 700 feet away from a back channel of the Rum River, and about 1,000 feet away from the main channel of the Rum River, the Subject Property is within the Scenic River Protection Overlay District. This Overlay District does restrict impervious surface coverage to no more than thirty percent (30%). The revised plans do provide a breakdown of pervious and impervious surfacing. The project would result in approximately seventy percent (70%) impervious surfacing, which would require a variance. Staff sent information related to this request to the MN Department of Natural Resources for any comments on the variance. As of the writing of this case, Staff has not received any comments from the MN DNR. The Environmental Policy Board (EPB) did review this aspect of the project at their March 18, 2024, meeting and supported issuing a variance. Three Factor Test for Variances Per State Statute, a variance can be issued if zoning provisions result in practical difficulties for a property owner. This includes reasonableness, uniqueness, and essential character. • Reasonableness: The construction and operation of a motor vehicle repair shop is a Conditional Use in the B-2 Community Business District. This would be considered a reasonable use of the property. • Uniqueness: The Subject Property is not a riparian lot and is approximately 700 feet from a back channel of the Rum River and approximately 1,000 feet from the main channel of the Rum River. Furthermore, the proposed impervious surfacing is necessary to meet the parking requirements and standards in City Code. • Essential Character: Multiple businesses in this commercial corridor have received a variance to the impervious surface coverage standard. Some lots in this commercial corridor appear to have close to 100% impervious surfacing coverage and/or have received a variance for a similar percentage of impervious surfacing coverage while being much closer to the back channel of the Rum River. Therefore, the increased impervious surfacing coverage would not alter the essential character of the neighborhood. Funding Source: All costs associated with this request are the Applicant's responsibility. Recommendation: