2022.10.03 CC Packet - Laserfiche WebLink

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Premier Bank – Site Plan, Zoning Amendment, CUP, and Variances 8 The plans show the roof top mechanical equipment located in a flat area on the roof. The applicant shows the parapet of the building screening the equipment from view. Screening of the roof top equipment is listed as a condition in the resolution. Streets and Access The performance standards for drive-through businesses requires the access to be on a State highway, County road, or City collector street. The site is proposed to have access from Flay Avenue North, a local road, therefore a variance is required. A. VARIANCE FROM DRIVE THROUGH LOCATION REQUIREMENTS (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; The applicant is proposing a driveway access location on the northwest side of the property connecting to Flay Avenue, currently a local road. By ordinance, drive- through access points must be located on a State highway, County road, or City commercial collector street. Staff has considered multiple access options and have determined that the proposed location is the best in terms of traffic engineering and minimizing the possibility of vehicle collisions. It is in staff’s opinion that the drive-through access point location requested is a reasonable use. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property has few practical options for the location of an access point. Due to the Washington County Regional Rail Authority’s (Hardwood Creek Trail) owned right-of-way between the property and Highway 61, there is not an option for an access point onto the state highway. Traffic engineering concerns arise when the access point is located on 147th Street North, a city commercial collector street, due to its proximity to Highway 61 and conflicts with the turn lanes. Additionally, an access point located on 147th Street N would require a change of the site and building orientation such that the drive-through and speaker would be facing toward the existing residential property. It is in staff’s opinion that the request for the variance is due to unique circumstances not created by the landowner