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7. PLANNING, LAND USE & ZONING: A. Hearing to Consider Appeal to Variance Granted to Brookman Motors for amount of impervious surface coverage and setback from right-of-way On June 9, 1997, the Planning Commission approved the variance requests based on the applicant's six stated reasons in the City Planner's report. Administrator Kueffner appealed the variances granted because she did not find a hardship as it applied to this proposal based on the interpretation of the Code. Mark Schafer explained Brookman Motors has been in the City since 1932 and the present structure was built in the 1940's. There is no other lot in the GB zone in the neighborhood that is 6 acres. The request is for 47% impervious surface coverage from 35% The added pavement will make it safer for employees and customers. Tom Prew reported that the detention pond north of Highway 5 and west of the Lake Elmo Bank was developed to accommodate all the development in the Brookman Addition based on that impervious surface regulation. Administrator Kueffner gave background that at one time for GB the impervious surface coverage in the Old Village was 66%for the entire Brookman Addition, car dealership and the school. When new construction came in, the City lowered it to 20% When the new Lake Elmo bank was proposed in 1988, their total layout was 35% impervious coverage and that is how the existing standard came to be. When Mayor John asked Attorney Filla if granting of the variance requested confer on the applicant a special privilege that is denied by this ordinance to owners of other lands, structures and buildings in the same district. Attorney Filla explained there are 30 listed GB uses in the code and if there are other parcels in this area that are large acre parcels granting a variance of this size will create a problem for the City in the future. Mayor John asked if another business in the same GB zoning came before us and requested an increase from 35% then we would be unable to deny that. Attorney Filla stated it is important to distinguish this case from other cases if the Council intends to grant this variance of this size. The business that is grandfathered in is only what was in since the new code went in 1987. If is has grown since then, the expansion is illegal and does not become grandfathered in. Councilor DeLapp felt they were not talking about an existing business, but a new business which is going to be twice as big —a 20,000 sq.fL building. Would the City approve an application for a business covering 47% impervious coverage on a new lot in GB zone? There are extraordinary circumstances to this property that are identical to ten other properties. M/S/P Hunt/John — to support the June 9, 1997 Planning Commission recommendation for approval of the variance requests based on Mark Shafer's, Brookman Motors, six stated reasons with additional findings of fact: 1. Lot of more than 50 years in same location with the same use. 2. The health, safety, and welfare of the workers on the site and the customers will be improved by granting this variances. 3. Water runoff and pending is adequately covered by the existing site conditions. if the pond is found to be insufficient, pending will be required on site. 4. Mr. Shafer will submit a landscape and lighting plan and elevation drawing of the four sides of the building and that street trees be planted every 30' along State Highway 5 and perimeter landscaping around the sign. Light fixtures should be no taller than 20 ft. in height. The fixtures should be shoe box style which illuminate the light downward. A new sign plan should be developed which meets the sign regulations. (Motion passed 2-1:DeLapp:we have completely refigured the 50% increase in the density of the General Business for the City with one proposal without going through a public hearing process and have not considered the implications as applied to the rest of the City.) B. Request form Washington County to adopt a Development Moratorium within the Browns Creek Watershed District The City received a memo from Jim Schug, Washington County Administrator, requesting the City adopt a development moratorium for the small area within the Browns Creek Watershed. The Council concurred with this request and started the process by calling a public hearing. LAKE ELMO CITY COUNCIL MINUTES JULY 15, 1997