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4.O BACKGROUND 4.1 AutoZone, Inc. proposes to purchase the property at 1255 Larpenteur Avenue. The property, located in City Planning District 14 has a Comprehensive Plan designation of Community Business (CB) and a corresponding zoning classification of Community Business (CB) District. 4.2 City Code § 1017.17A (Low Floor Elevations) requires all structures within a storm water district to have their lowest floor at least two feet above the established 100-year flood elevation of the storm water pond (or wetland managed for storm water purposes) in the storm water district. The subject property is located in the Gottfried Pit sub-watershed district, directly adjacent to the storm pond which has a 100-year flood elevation of 919.26 feet (i.e., vertical distance above sea level). 4.3 The approximate elevation of the subject property, and the floor level of proposed new building, is 912 feet. In order to meet the requirements of § 1017.17A, the new building's floor elevation would need to be at least 921.26 feet, which would be about nine feet above the existing grade and about ll feet above the Larpenteur Avenue curb. If the requested vAFUANCE is granted, allowing development to occur in a location prone to flooding, the applicant is willing to enter into an agreement indemnifying the City from any damage to the property caused by such flooding. 4.4 The site plans, included with this report as part of Attachment C, illustrate the proposed building location and site elevations. S.O VARIANCE ANALYSIS 5.1 REV1Ew oF Va�aNCE aPPxovaL �Qu�xEMENTS: Section 1009.04C of the City Code establishes a mandate that the Variance Board make five specific findings about a variance request as a prerequisite for approving the variance. The required findings are as follows: a. The proposal is consistent with the Comprehensive Plan. Planning Division staff finds that the proposed development is generally consistent with the Comprehensive Plan in that it represents continuing investment in an existing commercial property. Moreover, the Comprehensive Plan's storm-water-related content is mostly about ensuring best-practices for site-specific storm water management, eliminating illicit discharge into storm water systems, and minimizing the polluting effects that occur when untreated and uncontrolled storm water runs into natural surface water resources. While the proposed development may have challenges that must be met with respect to on-site storm water management, it would not contribute illicit discharge and, since Gottfried Pit is landlocked, potential pollution leaving the property in a flood event cannot end up in other wetlands, streams, lakes, etc. b. The proposal is in harmony with the purposes and intent of the zoning ordinances. The low floor elevation regulations are primarily intended to protect property owners from flood damage. Since the property has been in commercial use at its existing elevation since 1950, Planning Division staff believes that the proposal is consistent with the intent of the zoning ordinances because it represents a continuation of the commercial use and not the creation of a new flood-prone property. c. The proposal puts the subject property to use in a reasonable manner. Because strict compliance with the zoning code would require the grade of the property to be raised PF14-010 RVBA 050714 Page 2 of 4