09/25/1995 Council Minutes - Laserfiche WebLink

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COUNCIL MEETING SEPTEMBER 25, 1995 PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Site Plan Review, Dairy Queen, 7960 Lake Drive - Ms. Wyland explained that Mr. Ronald Hoffman purchased the property at 7960 Lake Drive, the southeast corner of Lake Drive and James Street. Mr. Hoffman would like to construct a Dairy Queen. The property is zoned CB, Central Business and is 31,761 square feet in area or .729 acres. According to the Zoning Ordinance, a site plan review is required for any commercial construction. The building is proposed to be 2,708.44 square feet in area. An "eat -in" area will be provided including a solarium and outside eating area for warmer months. A drive - through lane is also provided. The exterior finish is proposed as face brick with four (4) inch lap siding. A typical Dairy Queen Mansard roof is proposed. Setbacks - The proposed building is designed to meet the setback requirements of the Zoning Code. A 40 foot setback off Lake Drive is proposed-with a 15 foot setback for the parking area off of James Street. The drive - through lane, however, is shown as five (5) feet from the property line. The Zoning Code requires a 10 foot setback for a driveway in the Central Business District. Several inconsistencies exist in the Zoning Code as it relates to setback for driveways and parking areas. 10 foot setback is required in the Limited Business, General Business and Central Business districts. 5 foot setback is required in the Light Industrial and Shopping Center districts. 5 foot setback on the side. and 10 foot setback on the rear for General Industrial districts. 10 foot setback, on the rear and 5 foot setback on the side for Public Semi - Public districts. Section 4 of Subd. 28, Access Drives and Access, indicates that access drives can be no closer that 5 feet to any side or rear lot line. Section 8 of Subd. 4, Design & Setback Requirements for Off - Street Areas, indicates that curbing can be no closer than 5 feet to any side property line. The Planning and Zoning Board recommended approval of a 5 foot variance to allow the drive- through to be located as shown on the plan. Due to the inconsistencies within the Zoning Ordinance, staff would concur with this recommendation and advise the City Council that staff will be reviewing these setback requirements in the overall review of the Zoning Ordinance currently in process. PAGE 2