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CASE NUMBER: 1543-84 <br />APPLICANT:' Belair Builders <br />Page 2 <br />5. Inasmuch as the Comprehensive Plan shows the land use as it is now zoned, <br />an amendment to the Comprehensive Plan will be necessary. Recent <br />consultation with the staff of the Metropolitan Council has resulted in a <br />procedure whereby the Planning Commission, if it desires, can approve an <br />amendment to the Comprehensive Plan immediately prior to but at the same <br />meeting that a rezoning is acted upon. The proposed amendment can then be <br />referred to the Metropolitan Council who has ten days to declare a <br />negative declaration (determining that it is not of metropolitan <br />significance). The Council can then if it wishes act on the amendment and <br />the rezoning at the second meeting following the Planning Commission <br />meeting. This process saves approximately two weeks time in the <br />processing of an amendment and rezoning proposal. <br />6. The architects in this proposal have not submitted detailed building plans <br />nor landscape plans or grading plans. The engineers report that inasmuch <br />as the site is relatively flat, that grading can be accommodated to suite <br />the general development plan proposed. The B-2 Zone that exists on most <br />of the property and proposed for the remainder, does not require site plan <br />approval or coosideration by the Planning Commission. However, inasmuch <br />as the property is contiguous to a residential zone, site plan and <br />building design approval by City staff is required. If the staff does not <br />approve of the plan, the applicant has the right to appeal to the City <br />Council in accordance with City Ordinance. <br />We have informed the architects that the building must be finished in a <br />similar material all the way aruund , and brick has been discussed as the <br />building material. <br />7. We understand that the owners to the' south (the apartment property) are <br />concerned about the parking area being contiguous to their building. They <br />have suggested, we understand through communication with the architect, <br />that they would rather have the building placed further to the west, <br />placing parking on three sides of the structure. Such a parking <br />arrangement, however, is generally inefficient and not desirable from the <br />standpoint of the merchandiser. Perhaps this concern can be mitigated by <br />the development of the 10 foot required buffer strip in a manner so as to <br />accommodate the multi -family development to the south, east of Lexington. <br />8. You will notice the location of the service area at the southwest corner <br />of the structure. Here, we would suggest that a solid screen brick wall <br />be constructed, and that the trash area be roofed so as not to have a <br />deleterious effect on the southerly property. <br />9. The action requested then is the amendment to the Comprehensive Plan and <br />the rezoning from R-1 and B-1 to B-2. Any positive action will result in <br />a motion to amend the plan first and the rezoning as a separate action. <br />Also requested is the variance from the 15 foot required parking setback <br />to the 8.5 feet. Acceptance of the variance can include the attachment of <br />conditions, which the Planning Commission and Council may consider based <br />on the results of the public hearing. Such conditions could include the <br />building material, the handling of the service area, development of <br />appropriate screening, and consultation with the neighbors, and other <br />conditions that may seem appropriate. <br />