07-26-2006 Council Agenda - Laserfiche WebLink

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Area does not take up parking space as required for conformity to this Ordinance. No information was provided on potential parking and circulation impacts related to the proposed storage area. The applicant must provide this information as a condition of approval. 7. The provisions of Section 921.010.C. of this Ordinance are considered and satisfactorily met. The basic provisions of the Conditional Use Permit application are consistent with the City Code and Zoning Code. The fenced storage area will provide security and reduce crime in the city. 8. No outdoor storage area shall include storage of materials that are considered hazardous materials by the Minnesota Pollution Control Agency. The applicant's narrative describes proposed storage items, including masonry products, delivery truck, scaffolding, and compressors. Hazardous materials are neither proposed nor allowed in the storage area. 9. No outdoor storage shall be permitted in any yard except the rear yard of the property. In any yard, no outdoor storage area in the I -P, Industrial Park District, shall be closer to any property line than ten (10) feet. The outdoor storage area maintains a ten foot setback from the property line, per code requirements. However, the building has a unique orientation that places the proposed storage in the official "side yard" of the property. Because of this requirement, the property must also be granted a variance from the City Council to allow the proposed storage, as discussed below. Variance Evaluation Criteria. The site is located on a corner lot, east of Yorkton Boulevard and north of Yorkton Court. The narrowest street frontage of a property is the legal definition of the lot front, which is Yorkton Court for this property. Therefore, the front yard faces Yorkton Court and the side yard is proposed for outdoor storage. Under the CUP requirements, outdoor storage is not permitted in any yard except the rear yard in an I -P district. Thus, to store equipment behind the building (in the side -yard) a variance is required. To allow a variance, the city must find that a hardship exists on the property by finding specific criteria for a variance are fulfilled, including: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved. (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) Special conditions may not be primarily economic in nature. 3