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• MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT,PLANNING ASSOCIATE DATE: March 30, 1996 SUBJECT: RICHARD WOLENS, 2661 COUNTY ROAD I, VARIANCE TO THE CORNER LOT SETBACK AND SIDE YARD SETBACKS,AND DEVELOPMENT REVIEW,PLANNING CASE NO. 437-96 Mr. Richard Wolens,owner of North Suburban Schwinn,has made application for a development review to allow the placement of a 50'x 26'accessory building to be located at 2661 County Road I. This property is currently zoned B-2 (Limited Business District). This application also requires a variance for the proposed location of the accessory building. The required setbacks for a B-2 property are: 30 feet for the front yard setback, 10 feet for the side yard and 20 feet for the rear yard. For a corner property,like this abutting Mounds View Drive and County Road I,the Municipal Code requires a 30-foot setback. Mr.Wolens is requesting a variance to the setback of 30' and a variance to the rear yard setback requirement of 20'. His attached plan shows a rear yard setback of 10' and a corner yard setback of 12'(the Municpal Code requires a 30 foot setback for • corner lots). A development review will also be required for construction of a building on this site. Following the last Planning Commission meeting, Staff contacted former Interim City Administrator Paul Harrington regarding this application. Mr.Harrington had met with the applicant initially in this process. Mr. Harrington provided information that Mounds View Drive will not be a thru-street and did not feel that a 30-foot setback was appropriate in this case. Mr. Wolens feels that Section 1104.01, Subd. 3b, which permits setbacks on interior lines,a five-foot setback on the garage side for a garage strucutre, is applicable for his case. The City Attorney's office was consulted on this issues and the City was advised to proceed with a variance request rather than applying the garage setback standards. Mr.Wolen's original plans,which were reviewed by the Planning • Commisison at the February 28, 1996 meeting,reflected this five-foot setback for garages. Mr.Woolens has revised his plan to a 10-foot setback for the side and and twelve feet setback to the re•uired 30 foot corner lot setback. The attached site plan shows the proposed building to be located outside of the drainage and utility easement. Director of Public Works,Mike Ulrich, stated that the water line does not extend to the proposed building location area. Mr. Ulrich did not feel that snow removal would be an issue with the proposed setbacks. Chapter 1006.06 requires all proposed commercial developments and expansions of existing facilities be reviewed by the Planning Commission and approved by the City Council. The required development plan has been submitted by the applicant and is attached for your review. Typically, a surface water management plan is required as well. Former Interim City Administrator Paul Harrington does not feel this plan is necessary since the proposed site for the accessory building is currently impervious surface and • curb and gutter is in place around the property. With the additional information provided by Paul Harrington, Mr.Wolens is requesting a variance to the