12/16/1996 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES DECEMBER 16, 1996 The subject property is zoned R-4, high density residential, and lies within the Shoreland Overlay District of Marshal Lake. By definition, the proposed development qualifies as "planned development overlay" and requires the processing of a conditional use permit. Mr. Brixius explained that based on the following review he will recommend approval of the requested conditional use permit subject to the following conditions: 1. Phase II structures are found to comply with applicable R-4 District height requirements. 2. The City approves a variance to allow guest parking within five feet of the project's internal street. 3. The previously approved landscape plan is revised to address landscaping treatments to be applied to the area of the site where the five -unit structure was previously proposed. 4. Parallel parking is prohibited along the proposed 28 -foot -wide driveways. 5. A determination is made that applicable handicapped parking requirements have been satisfied over the entire site. 6. The City Engineer provides comment and recommendation in regard to snow storage. 7. The City Engineer provides comment and recommendation with regard to grading, drainage and utility issues. Such comments should address these issues associated with the western area of the site where the five -unit structure had previously been proposed. 8. Any restrictive covenants which vary from those applied to Phase I of the project are subject to City review and approval. 9. Comments of other City Staff. Mr. Brixius continued with a brief background on this development. He presented evaluation criteria for the conditional use permit request. According to Section 5, Subd. 5 of the Zoning Ordinance, the Planning and Zoning Board shall recommend and the City Council shall order the issuance of such a permit only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the City and this Ordinance. 3. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. 4. Will be served adequately by essential public facilities and services including streets, police and fire protection, drainage structures, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 5. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 6. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. 14