04-26-2004 Council Packet - Laserfiche WebLink

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( W4-2993 April 13,2004 Page 2 of 4 Pertinent Zoning Ordinance Sections Sec. 78-642. Permit application. All applications for a building permit in any B-1 retail sales business district shall be reviewed by the council zmd may be referred to the planning commission for review. Sec. 78-646. Area, height, lot width, setback requirements and design requirements. (c) Front yar^. The minimum front yard shall be 20 feet. (d) Rear yards. The minimum rear yard shall be 30 feet, a side yard adjacent to any R district shall be 15 feet, and a side yard adjacent to a street shall be ten feet. (e) Setback requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet from any rear lot line, 15 feet from any side lot line, or 35 feet to a side lot line adjacent to a street; except abutting or across the street from an R district, no building shall be less than 35 feet from such lot line. Sec. 78-644. Conditional uses. Within the B-1 retail sales business district, no structure or land shall be used for one of the following uses without a conditional use permit: (3) Restaxuant (class I), in which food is served to customers while seated at coimter or table, or cr'’..cria. in which food is selected by a customer while going through a line and taken to a table for consumption. Neither live entertainment nor intoxicating liquor sales are permitted in class I restaurants. Background This application was originally heard before the Planning Commission at the March 15, 2004 meeting. The applicant presented three plans, all with drive-through facilities, one of which was passed out at the meeting. Staffs recommendation was for the applicant to work on a plan that doesn ’t incorporate a drive through, which is presented as Ae alternate plan in this report. The applicant still is pursuing a drive-through and has presented a plan that has been reviewed by an engineer per staffs recommendation (see Exhibit D). The details of both plans are discussed below. The applicant also met with Building Official Lyle Oman to discuss the issues of converting the residential use to commercial. No issues, other than the handicap ramp, were factors to be considered when approving the specifics of the site plan. The applicant also met with the Minnehaha Creek Watershed District, which is not requiring any on-site mitigation for storm water. Site Details of Drive-Through Plan NEGATIVES The same safety and functionality issues still exist with this plan, although at a lesser extent than the previous plans. The exit for the drive-through aisle remains very close to the intersection of Lyric and the City owned parking lot ’s drive aisle (15’). Under this plan the applicant is proposing 2 parking stalls, which are forced to back into traffic when leaving the site. I . il 1 I i T .1 I 1 1 1 i 1 . ! I i!