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Commissioner Lukermann asked if the proposed front wall is a retaining wall and asked how high it would be. Ms. Worthington replied that the wall is not part of the variance request; it is part of the concept drawing at this stage. The wall will be reviewed by both the City and County and can be changed to meet relevant requirements. It functions as a visual separation between the parking lot and the sidewalk. In response to a question from Mr. Ryan, Ms. Worthington confirmed that the proposed building does not approach the height limit for B-1. Alighting plan has not yet been submitted; the City will require the business to comply with the lighting restrictions that apply to a business adjacent to residential properties. The restaurant will also be required to comply with noise and odor restrictions in the State uniform building code. In response to question from Mr. Lageson, Ms. Worthington replied that the parking requirement (1 space to 2.5 seats) is particular to the Falcon Heights code and more restrictive than in some other cities. Requirements vary widely from city to city. Staff met with the architect and prospective owner to work out the maximum number of parking spaces that could be reasonably accommodated. With up to six on-street parking spaces adjacent to the property (which cannot be counted), the parking needs can almost be accommodated. Staff also researched the parking space size and found that the reduced parking space size asked for in one of the variances is consistent with the size required in other cities, St. Paul for example. Mr. Ryan asked if the lot was established prior to the current code. Ms. Worthington confirmed that the lot was a lot of record prior to adoption of the current zoning code. • Ms. Lukermann moved, De Leo seconded, that the variances in the first category (recognizing existing conditions) be recommended for approval. There was no discussion. Motion passed unanimously. Mr. Ryan asked for Commissioner comments on the other four variances. Commissioner Rodich raised the idea of getting more parking onto the site by allowing the parking lot to encroach onto the Lindig right-of--way on the west side of the lot. Parking could be a real concern if the restaurant is very successful; more on-site parking would be an advantage. Ms. Worthington answered that the Staff very much appreciated the suggestions submitted by Mr. Rodich. She pointed out that Mr. Rodich's plan would also encroach into the east setback an additional 2.5 feet (a variance that has not been applied for), as well as into the city right of way on the west. Staff felt that it was important to respect the required setbacks as much as possible and find an optimum balance between parking and landscaping. The architect reworked the parking plan several times; the City's consultant Dan Cornejo also worked on the plan. Staff feels that the plan, as presented, is the best compromise at this time. Further work can be done to refine the plan, provided the variance is passed on the number of parking spaces. In response to a question from Mr. Lageson Ms. Worthington stated that angled parking posed additional problems and, in fact, a loss of on-site parking if the setbacks are observed and the required loading area is provided. C: City of Falcon Heights -Planning Commission Meeting of June 27, 2005 -Page 3 of 5