2014_0609_CCpacket - Laserfiche WebLink

Home

nine feet (or the building itself essentially erected on stilts), resulting in the floor of a one-story retail building that is 11 feet above the adjacent street, "reasonable" use of the property is effectively impossible without a variance. Planning Division staff believes that the proposed retail redevelopment at the same grade as the existing structure makes reasonable use of the subject property. d. There are unique ci�cumstances to the property which were not created by the landowner. Planning Division staff finds that the location and elevation of the property with respect to the adjacent storm pond which receives storm water from a large surrounding area are unique circumstances which were not created by the present or prospective land owners. For this reason, Planning Division staff believes that the property possesses the unique characteristics that justify the approval of the requested vAluaNCE. e. The variance, if granted, will not alter the essential character of the locality. The proposed redevelopment of the property would simply replace an existing general retail and personal service use with a new retail building at essentially the same grade. For this reason, the vA�uANCE, if approved, would not negatively alter the character of the surrounding industrial area. 5.2 Section 1009.04 (Variances) of the City Code explains that the purpose of a vAx�ANCE is "to permit adjustment to the zoning regulations where there are practical difficulties applying to a parcel of land or building that prevent the property from being used to the extent intended by the zoning." The proposed development appears to compare favorably with all of the above requirements essential for approving vAx�ANCES. Moreover, redevelopment of the site at any low floor elevation below 921.26 feet would be prohibited, and Planning Division staff believes that such a restriction represents a practical difficulty which the valuaNCE process is intended to relieve. 5.3 Section 1017.17B (Low Floor Elevation Exceptions) allows for vAR�ANCES to the low floor elevation requirements to be approved, provided that the structure built below the minimum low floor elevation "is flood-proofed according to State and Federal standards for floodplain areas." Because this is a requirement built into the Zoning Code, Planning Division staff would not recommend including it as a condition of variance approval. 5.4 Section 1017.20 (Storm Water Variances) also allows for variances to the requirements of the Shoreland, Wetland, and Storm Water Management chapter of the City Code more generally. As it applies to the proposed vAluANCE, this section would merely stipulate that an approval "shall not circumvent the general purposes and intent" of the chapter. This requirement is consistent with the broader one addressed in paragraph S.lb above. 5.5 Roseville's Development Review Committee (DRC) met on April 10�' and 17tb to discuss this application. In addition to the above comments pertaining to the zoning code, the only other issue raised by the DRC pertained to the need for a liability waiver or other indemnification of the City for flood damage, which is represented in the recommended conditions of approval. fi.O PUBLIC COMMENT At the time this report was prepared, Planning Division staff has received two phone calls about the vA1uANCE request. One call was a simple inquiry about the proposal. The other caller expressed concern about the fact that a properry across the street from the subject parcel also stands to become an auto parts store, creating some undesired concentration PF14-010 RVBA 050714 Page 3 of 4