1. City of New Brighton Planning Commission Meeting October 18, 2005 Agenda Item: 6A (Public Hearing) Special Use Permit for Detached Garage Exceeding 624 S.F. (SP05-15)  2529 County Road H

2. Agenda Item: 6A (Public Hearing) Special Use Permit (SP05-15) 2529 County Rd. H  2529 County Road H  Applicant: Ray Hable  Proposal to build detached garage of 840 S.F.  Zoning Code requires a Special Use Permit for detached garage in excess of 624 S.F.  Requires public hearing by Planning Commission and approval by City Council.

3. 2529 County Rd. H

6. 2529 County Road H Existing House Proposed Garage North

7. Agenda Item: 6A (Public Hearing) Special Use Permit (SP05-15) 2529 County Rd. H Land Use Regulations  Accessory buildings in residential districts  Special use permit requirements

8. Agenda Item: 6A (Public Hearing) Special Use Permit (SP05-15) 2529 County Rd. H Accessory Building Requirements  Buildings in excess of 624 S.F. require special use permit and compliance with additional conditions.  Roof and exterior must be complimentary.  Landscape screening (when appropriate).  No commercial or home occupation activity.

9. Agenda Item: 6A (Public Hearing) Special Use Permit (SP05-15) 2529 County Rd. H Special Use Standards  No negative impact on public health and safety.  No injurious impact on adjoining properties (use and value).  Doesn’t impede normal or orderly development of surrounding property.  Access to adequate utilities, roads, etc.  Conforms to all other district regulations.

10. Agenda Item: 6A (Public Hearing) Special Use Permit (SP05-15) 2529 County Rd. H Staff Analysis  Use conforms with R-1 zoning district.  Building meets setback requirements.  Proposed building does not exceed lot coverage or impervious surface thresholds.  Existing driveway encroaches into side yard setback (correction would be condition of approval).

11. Agenda Item: 6A (Public Hearing) Special Use Permit (SP05-15) 2529 County Rd. H Staff Recommendation  Conduct public hearing  Adopt resolution recommending City Council approve SP05-15.

12. City of New Brighton Planning Commission Meeting October 18, 2005 Agenda Item: 6B (Public Hearing) Amendment to General Development Plan / Planned Unit Development (GP05-01)  Main Street Village (5 th Ave. NW & Cty. Rd. E2)

13. Agenda Item: 6B (Public Hearing) General Development Plan Amendment (GP05-01) Main Street Village  Main Street Village  Applicant: Pratt Ordway  General Development Plan Amendment  Developer proposing to modify approved site plan.  Allow for change in use of Building D.  Site previously approved for restaurant.  New plan to accommodate post office for Building D.

14. Agenda Item: 6B (Public Hearing) General Development Plan Amendment (GP05-01) Main Street Village  Developer has received interest for restaurant and deli in Building E (corner retail site).  Zoning Code related to Planned Unit Developments (PUD) requires formal amendment process.  Main Street Village PUD was originally approved in 2001.  Subsequent PUD amendments in 2002 and 2003.

15. Building D (Proposed Post Office) Building E (Existing Retail Center) Main Street Village (Plat)

16. Main Street Village Revised Site Plan North Proposed Post Office

17. Agenda Item: 6B (Public Hearing) General Development Plan Amendment (GP05-01) Main Street Village  Minor subdivision approved by City Council in May 2005 to allow for split of Lot 4, Block 1.  Created separate and distinct parcel for development of Buildings D and E.  PUD amendment process requires public hearing before Planning Commission.  Formal approval by City Council.

18. Agenda Item: 6B (Public Hearing) General Development Plan Amendment (GP05-01) Main Street Village Staff Analysis  Developer needs PUD amendment in order to proceed with post office negotiations.  Purpose of the amendment is to allow for a change in the proposed uses.  Consistent with original development concept (e.g. office, housing and neighborhood retail).  Recommend that developer return with site plan and building elevations for post office.

19. Agenda Item: 6B (Public Hearing) General Development Plan Amendment (GP05-01) Main Street Village Staff Analysis  Discussions pending with restaurant / deli owner are impacted.

20. Agenda Item: 6B (Public Hearing) General Development Plan Amendment (GP05-01) Main Street Village Staff Recommendation  Conduct public hearing  Adopt resolution recommending City Council approve GP05-01.

21. City of New Brighton Planning Commission Meeting October 18, 2005 Agenda Item: 7A (General Business) Variance Request for Front Yard Setback  2830 Forestdale Rd.

22. Agenda Item: 7A (General Business) Variance Request (VN05-03) 2830 Forestdale Rd  2830 Forestdale Road  Applicant: David Long, Murphy Brothers  Applicant proposing a room addition and 3 rd stall attached garage.  Item previously reviewed by Planning Commission at public hearing (9-20-2005).  Review included Type-4 non-conforming use permit; variance request for front yard setback.

23. Agenda Item: 7A (General Business) Variance Request (VN05-03) 2830 Forestdale Rd  Planning Commission recommended approval of non-conforming use permit; denial of variance.  City Council approved Type 4 non-conforming use permit on (9-27-2005).  Tabled action on variance; re-directed applicant to go back to Planning Commission.  Action this evening is consideration of variance component only.

24. Agenda Item: 7A (General Business) Variance Request (VN05-03) 2830 Forestdale Rd  New public hearing not required; context of tabled action by City Council.  Applicant requesting variance of front yard setback (30’ to 21’)  Existing garage encroaches 9’ into setback.  Convex shaped lot.  Proposed 3 rd garage stall built to same 21’ setback.

26. 2830 Forestdale Road Proposed 3 rd Stall Room Addition New Driveway & Curb Cut

27. Agenda Item: 7A (General Business) Variance Request (VN05-03) 2830 Forestdale Rd Issues to Consider in Granting Variance  Undue hardship  Unique circumstances  Must relate to the property  Conform with comprehensive plan  Not detrimental to adjacent properties or general public.  Applicant to prepare hardship statement.

28. Agenda Item: 7A (General Business) Variance Request (VN05-03) 2830 Forestdale Rd Applicant’s Hardship Statement  Shape of lot (convex shape limits options on building placement).  Slope of lot (9%-10% grade in side yard; creates engineering, drainage and aesthetic problems)  Other site plan option (west side) could have detrimental affect on adjoining properties (appearance of twin home).

30. Agenda Item: 7A (General Business) Variance Request (VN05-03) 2830 Forestdale Rd Staff Analysis  Original design encroached further into front yard setback.  Staff met with applicant to encourage alternatives that would not require a variance.  Applicant relocated garage as far back as possible given site constraints.  Concur with applicant’s hardship statement.

31. Agenda Item: 7A (General Business) Variance Request (VN05-03) 2830 Forestdale Rd Staff Recommendation  Adopt resolution recommending City Council approve VN05-03.