07-16-2007 Planning Commission Packet

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� ' �� FILE#07-3303 July 16,2007 Page 4 of 5 PRELIMINARY SITE PLAN REVIEW Summary of Preliminary Zoning Code Compliance Review(attached as E�ibit K): 1. This project proposes using the LR-1B portion of the site for office purposes. This is not provided for in the zoning code and Sta.te statutes do not a11ow the City to grant a use variance. The project cannot proceed without rezoning to B-4 of the LR-1B portion of the property or a change in the LR-1 B zoning district allowing LR-1 B property to be used as proposed. 2. The project proposes buildings made up of three units separated by party wa11s. The zoning code defines each unit as a building and allows only one principal building per lot. Modification of the definition of building or a change in the code provision allowing only one principal structure per lot would be required. 3. The project proposes to satisfy some of the code requirements not on the lot on which the building is situated. The zoning code allows only parking to be provided on a different lot. Modification of the zoning code would be required to a11ow this. 4. There are setback deficiencies. Setbacks are defined by property line,not the building. The front of setback is measured from the street lot line. The rear setback is measured from the rear lot line (the lot line opposite the street). Issues for Consideration Use of the residentiallv zoned portion of the site: Is it reasonable to place a single-family or two-family dwelling between the wetland and the B-4 property with its only access across the B-4 property? If residential use is no longer appropriate should the area be rezoned to B-4? An alternative would be to allow by conditional use permit commercial pazking and other accessory functions on residentially zoned land adjacent to commercially zoned land. The site lavout and grading: Planning Staff has concerns about the site plan and the grading plan. The City is interested in maintaining a wooded edge along Shadywood Road and limiting views of commercial buildings from Kelly Avenue. The site plan places a two-story wall adjacent to Shadywood Road. The grading plan places the parking lot adjacent to Shadywood Road up to six feet higher than the road,the rear of the parking lot ten feet higher than the adjacent property to the southeast and has 15 to 20 foot high slopes above the wetland that will be visible from Kelly Avenue. While the site is a difficult one with 20 feet � of elevation change between the northerly and southerly property lines and a similar elevation change to the rear Staff is of the opinion that it can be graded to be more compatible with adjacent properties and create a better street image. Hennepin County indicates that while an access point toward the northwesterly property line is best any location would work. What is more important is the single access. Changing the access point would allow more flexibility in grading and site layout. Does the Commission have any additional concerns?