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13 MEMORANDUM DATE: 10/8/02 MEETING DATE: 10/15/02 TO: Chair Melsha & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager - SUBJECT: Public Hearing for Business Data Record Services Expansion Requested Action: A public hearing will be held on October 15 for Business Data Record Services demolition and expansion plans at 3015 37th Avenue Northeast. The final submitted site plan shows demolition of four existing buildings and construction of a new 40,000 square feet building. Notification has been sent to the property owners within 350 feet of the proposed development. Mr. Murlowski of Belair Excavating is representing Business Data Record Services for two variance requests: 1) A building height variance of 9 feet for a proposed 44 feet building height; and 2) A side yard variance request of 35 feet (along Macalester Drive) for a proposed 5 feet side yard adjacent to a street. Background: Mr. Murlowski met with the Planning Commission on August 20 for a concept review of preliminary site plans. The applicants are now submitting their final plans and are asking for two variances. First, a variance for building height of 44 feet is proposed. According to city ordinance, maximum building height in a Light Industrial zoning district is 35 feet, which makes this a variance request of 9 feet. Fire Chief Joel Hewitt has reviewed the proposed plans and stated the height will be okay because of the mutual aid.agreement. A good example of what this height will look like is at another nearby Business Data Record Services site at 200 Old Highway 8 in New Brighton. That building stands 42 feet in height. The second variance request is for the side yard setback. The side yard is considered Macalester Drive. The applicants are requesting a side yard setback of 5 feet. City ordinance states a side yard adjacent to a street must be at least 40 feet, which makes this a variance request of 35 feet. Although the proposed side yard setback won't make the building stick out any more than the existing building, it would be on the curb line. Public Works Director Jay Hartman has reviewed the existing an proposed setbacks and said for snow removal there will still be plenty of room in the right of way to stock pile snow. Still, he noted, this is a substantial variance request. Per the applicants, the existing side yard setback at Macalester Drive is 5 feet at the south building and 30 feet at the north building. The existing front yard setback at 37th (County Road D) is 20 feet, the existing side yard at the Xcel substation varies from 2 feet to 0 feet. Finally, the existing rear yard setback at the railroad varies from 3 feet to 1 foot, 6 inches. The property and easement lines are 50 feet from the railroad centerline.