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Home My WebLink About2001-10-02 NAC Planning ReportRIORlMMiE$T IM$$OEIAtEp �OR1SUItt 111C% 5775 Wa Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplannin PLANNING REPORT TO: FROM- DATE- RE: FILE NO- BACKGROUND Kimberl Kamper Scott Richards October 2, 2001 Oak Park Hei — Stillwater Ford: Amended Conditional Use Permit and Li Variance 798.02 — 01.09 Goldrid Group, representin Stillwater Ford Lincoln Mercur has re an amended conditional use permit and variance to address li issues at the Stillwater Ford dealership at 12969 North 60th Street. The dealership was g ranted a conditional use permit and site plan at the October 26, 1999 Cit Council meetin A conditional use permit was also approved on November 23, 1999 b the Cit Council for the expansion of the ma auto repair use for Stillwater Ford. The re is to allow for the li fixtures ad to Neal Avenue to remain as installed throu the issuance of a amended conditional use permit and variance. Li fixtures on Neal Avenue were not installed with a ten foot setback. Additionall fixtures on site exceed the maximum hei re of the ordinance and the conditional use permit approval conditions. Attached for Reference: Exhibit 1: Stillwater Ford Dealership — Site Plan Exhibit 2: Existin Li — Fixtures and Photometric Exhibit 3: Proposed Li — Fixtures and Photometric Fixture Setback. section 401.15.13.7. outdoor Lighting indicates that "the light source of an outdoor light fixture shall be setback a minimum of ten (10) feet from a street right - of -way and five (0) feet from an interior side or rear lot line ". Fixtures on Neal Avenue have been found not to be compliant with this requirement. The approved conditional use permit includes a condition "that all outdoor lighting along the site perimeter is located not less than ten (10) feet from the street right -of -way or five (5) feet from an internal or rear lot line." An amended conditional use permit is required to vary from the approval conditions and a variance is necessary to vary from the ordinance standards. The applicant shall be required to provide a plan indicating the location of the non- compliant fixtures. Fixture Height. Section 401.15.B.7. outdoor Lighting requires that "the maximum height above the ground grade permitted for light sources mounted on a pole is twenty - five (25) feet." A number of fixtures existing on the site do not meet the requirement in that the light source and fixture is over 25 feet in height. The approved conditional use permit includes a condition that "all outdoor lighting poles must be reduced to twenty - five (25) feet in height." The amended conditional use permit is required to vary from the approved conditions and the variance from ordinance standards. The plan should indicate the location of those fixtures that exceed the approved height. Photometric. The plans as attached include the photometrics of the existing site as well as plans reflecting changes to the lighting to decrease the intensity of lights. Section 401.15.13.7. outdoor lighting requires the following: d. Intensity. No light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four- tenths (0.4) foot candles as measured at the property line, per the method outlined in Section 401.15.B.7.e. The revised plan (Exhibit 3) is consistent with the requirements for photometrics at the centerline of Neal Avenue. The plan will need to be revised so that the maximum intensity of .04 foot candles is maintained at the east and south property lines. Variance Review. Zoning ordinance section 401.04.A.5 states that a variance from the terms of the ordinance shall not be granted unless it can be demonstrated that: �. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Stillwater Ford Lighting Variance Planning Report Page 2 a. special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. b. undue hardship by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. C, special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. 2. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance or deny the applicant the ability to put the property in question to a reasonable use. 3. The special conditions and circumstances causing the undue hardship do not result from actions of the applicant. 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. 5. The request is not a result of non - conforming lands, structures or buildings l the same district. 6. The request is not a use variance. 7. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. 8. The request does not create an inconvenience to neighboring properties and uses. Amended Conditional Use Permit Review. The applicant was made fully aware of all lighting standards when the conditional use permit and site plan were approved in 1999. The conditions for approval clearly state the requirements for a ten foot setback and a 25 foot pole and light source height. 6.4 . In that there is no apparent justification for the variance and the applicant was fully aware of the lighting conditions of the conditional use permit, the request for the variance, and amended conditional use permit should be denied. The applicant should Stillwater l=ord Lighting Variance Planning Report Page 3 provide a site plan that clearly indicates the nonconforming fixtures. If the CUP and variance is denied, the applicant will be required to retrofit all of the fixtures and the photometric of the site as soon as possible to be compliant with the ordinance and previous approvals. pc: Cris Danielson Dark vierl i ng Stillwater Ford Lighting variance Planning Report Page 4 �'. 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