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Home My WebLink About2007-04-03 NAC Planning ReportENCLOSUI NORTHWEST ASSOCIATED CONSULTANTS,, INC. 4800 Olson Memorial Hi Suite 202, Golden Valle MN 55422 Telephone: 753.231 .2'555 Facsimile: 763.231.25 31 plan ners(jg�nacpla nn in com TO: Eric Johnson FROM: Carie Fuhrman/Scott Richards DATE: April 3, 2007 RE: Oak Park Hei – Cit Re for a Parkin Lot Side Yard Setback Variance at Swa Park NAC FILE: 798.04 – 07.01 BACKGROUND Application. The Cit of Oak Park Hei has made application for a propert line setback variance so as to construct a bituminous parkin lot, concrete curb and g utter, and bituminous trail at Swa Park. The variance is necessar in that the Zonin Ordinance specifics a ten foot setback from propert lines, and the proposed parkin lot is five feet from the east propert line. The propert is zoned 0, Open Space Conservation and is an existin park. Attached for Reference. Exhibit A – Map of Swa Park Exhibit B – Location Map Exhibit C – Gradin Plan Exhibit D – Electrical Site Plan Exhibit E – Electrical Details ISSUES ANALYSIS Parkin Lot Desi The proposed project includes improvin the parkin lot b replacin the existin g ravel surface with a bituminous surface and concrete curb and g utter. The lot is proposed to be five feet from the east propert line, instead of the re ten foot setback. The improved parkin lot will contain 25-9 b 18 foot parkin stalls. Two pole-mounted luminaires are proposed on the east side of the parkin lot for li purposes. A pedestrian ramp is proposed on the west side of the parkin lot, which will extend from the existin bituminous trail west of the lot. Another pedestrian ramp is proposed 1 on the east side of the parking lot, along with an 8 foot wide bituminous trail that will extend into the property to the east of Swager Park on the Anderson property. The proposed trail will connect the parking lot at Swager Park with the St. Croix Mall Parking Lot, at which point another pedestrian ramp is proposed to be constructed. Adjacent Uses. Uses adjacent to the subject site include the following: North of the site: 58th street North and Olene Avenue North South of the site: single Family biomes East of the site: Undeveloped /Open space (Anderson property) and St. Croix Mail Park Lot West of the site: Open space The property to the east of the site is undeveloped, except for St. Croix Mall Parking Lot. The requested 5 foot variance for the improved parking lot is not creating an inconvenience to the neighboring property. Variance. Variance criteria is provided in section 401.04 of the oak Park heights Zoning ordinance. The Planning commission and City council should review the following criteria and conditions to determine if the variance is justified. Review criteria. The Planning Commission and City council should make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. C. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by state law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this ordinance. f. Violate the intent and purpose of the comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. Conditions for Approval. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. 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. 2 1) 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. 2) Undue hardship caused 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. 3) 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. b. 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. C. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structure or buildings in the same district under the same conditions. e. The request is not a result of nonconforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. Comment: In response to the criteria and conditions listed above, the primary hardship to this variance is that there are existing improvements in Swager Park that the City does not want to infringe upon, therefore requiring the location of the improved parking lot to be within five feet of the east property line. In addition, the adjacent east property is undeveloped open space, except for the St. Croix Mall parking lot, so constructing the improved parking lot five feet from the east property line, instead of the required ten feet, will not adversely affect or create an inconvenience to the adjacent property. For these reasons, City planning staff recommends that the parking lot setback variance be approved. 3 After reviewing the request and the criteria and conditions for variance approvals, staff recommends approval of the request for the parking lot property line setback variance to allow a parking lot to be located five feet from a side property line, instead of the required ten feet. 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