New BrightonNew BrightonPlanning Commission Planning Commission

MeetingMeetingMarch 21, 2006March 21, 2006

Public Hearing:Public Hearing:

Special Use Permit (06-004) for a porch Special Use Permit (06-004) for a porch addition at 557 12addition at 557 12thth Avenue NW Avenue NW

Request & BackgroundRequest & Background

Applicant: Chris & Jessica Italiano, Applicant: Chris & Jessica Italiano, property ownersproperty owners

Zoning is R-1, Single Family ResidentialZoning is R-1, Single Family Residential Required front yard setback = 30Required front yard setback = 30’’ Existing front yard setback = 30’Existing front yard setback = 30’ Proposed porch measuring 6’ x 11’Proposed porch measuring 6’ x 11’ Proposed front yard setback = 24’Proposed front yard setback = 24’

Special Use Permit AnalysisSpecial Use Permit Analysis

Section 4-040 (3) (B) allows for a 6’ Section 4-040 (3) (B) allows for a 6’ encroachment into the front yard setback when encroachment into the front yard setback when the following conditions can be met:the following conditions can be met: The proposed addition uses the same exterior structure The proposed addition uses the same exterior structure

materials and colors as the principal structure and materials and colors as the principal structure and accessories,accessories,

The roof is properly proportioned to and integrated The roof is properly proportioned to and integrated with the roof of the principal structure on the property,with the roof of the principal structure on the property,

The base of the addition is not open and its appearance The base of the addition is not open and its appearance is consistent with the base of the building, andis consistent with the base of the building, and

The structure shall not exceed 35% of the width of the The structure shall not exceed 35% of the width of the front of the dwelling, excluding the garage, or shall not front of the dwelling, excluding the garage, or shall not exceed 12’ in width, whichever is less.exceed 12’ in width, whichever is less.

Special Use Permit Analysis (cont.)Special Use Permit Analysis (cont.)

Additionally, Section 8-130 of the Zoning Ordinance Additionally, Section 8-130 of the Zoning Ordinance specifies the additional findings by the Planning specifies the additional findings by the Planning Commission:Commission: Establishment of the special use will not be Establishment of the special use will not be

detrimental to the public health, safety, morals, or detrimental to the public health, safety, morals, or comfort of the general public,comfort of the general public,

The special use will not be injurious to use or The special use will not be injurious to use or enjoyment of other property in the vicinity,enjoyment of other property in the vicinity,

Establishment of the special use will not impede Establishment of the special use will not impede normal or orderly development in the district,normal or orderly development in the district,

Adequate utilities, access roads, drainage, etc. are Adequate utilities, access roads, drainage, etc. are provided, andprovided, and

The special use conforms to all other regulations.The special use conforms to all other regulations.

Staff RecommendationStaff Recommendation

Staff finds that all conditions of both Staff finds that all conditions of both Sections 4-040 (3) (B) and 8-130 are met Sections 4-040 (3) (B) and 8-130 are met and therefore,and therefore,

Recommends approval of the request as Recommends approval of the request as submitted.submitted.

Public Hearing:Public Hearing:

Special Use Permit (SP06-05) & Site Plan Special Use Permit (SP06-05) & Site Plan Review (LP06-01) for a 4-story Review (LP06-01) for a 4-story

office/residential building at 1820 Old office/residential building at 1820 Old Highway 8 NWHighway 8 NW

Request & BackgroundRequest & Background

Applicant: FW Gordon Construction, LLC.Applicant: FW Gordon Construction, LLC. Owner: TJ Holdings, LLC.Owner: TJ Holdings, LLC. Zoning: MX, Mixed UseZoning: MX, Mixed Use Past Use: former Hubcap Warehouse sitePast Use: former Hubcap Warehouse site Previous approvals for both a Special Use Previous approvals for both a Special Use

Permit and Site Plan review were approved Permit and Site Plan review were approved in April of 2005in April of 2005

Those approvals have expired as a building Those approvals have expired as a building permit was not submitted within 6 months, permit was not submitted within 6 months, as required by the Zoning Ordinance.as required by the Zoning Ordinance.

Project OverviewProject Overview

4-story office & residential building to include 4-story office & residential building to include 3 floors of office and a 43 floors of office and a 4thth floor of residential floor of residential that will contain 2 condominium units.that will contain 2 condominium units.

The Special Use Permit is triggered by the 4The Special Use Permit is triggered by the 4thth story and height exceeding 40’ (actual height story and height exceeding 40’ (actual height proposed is ~52’).proposed is ~52’).

The Site Plan Review is a requirement of all The Site Plan Review is a requirement of all new construction in commercial zones.new construction in commercial zones.

The mixed office/residential use complies with The mixed office/residential use complies with the permitted uses noted in the MX District the permitted uses noted in the MX District regulations.regulations.

Project OverviewProject Overview

A combination of surface and underground A combination of surface and underground parking is provided. A total of 71 stalls are parking is provided. A total of 71 stalls are shown on the plan whereby 77 are required by shown on the plan whereby 77 are required by code (79 stalls are noted in the 2005 staff code (79 stalls are noted in the 2005 staff report).report).

30 surface stalls and 41 underground stalls 30 surface stalls and 41 underground stalls are shown on the plan.are shown on the plan.

Parking regulations require 1 stall/200 s.f. of Parking regulations require 1 stall/200 s.f. of office and 3 stalls/residential unit (2/unit + 1 office and 3 stalls/residential unit (2/unit + 1 visitor stall/unit).visitor stall/unit).

Developer has submitted revised plans prior to Developer has submitted revised plans prior to tonight’s meeting depicting 32 surface stalls tonight’s meeting depicting 32 surface stalls and 45 underground stalls for a total of 77 and 45 underground stalls for a total of 77 stalls. stalls.

Project OverviewProject Overview

A monument style ground sign is proposed measuring A monument style ground sign is proposed measuring 53 s.f. in area and 12’ in height, which conforms to the 53 s.f. in area and 12’ in height, which conforms to the commercial sign standards. commercial sign standards.

No wall signs are shown.No wall signs are shown. Additionally, a stairway access structure (requirement Additionally, a stairway access structure (requirement

of the building code) is proposed at the northern end of of the building code) is proposed at the northern end of the site meeting the required 25’ setback from Old the site meeting the required 25’ setback from Old Highway 8. It would be constructed with materials to Highway 8. It would be constructed with materials to match the principal building.match the principal building.

The principal building will consist of ledgerstone, The principal building will consist of ledgerstone, hardiplank siding and stucco. All these materials hardiplank siding and stucco. All these materials comply with the performance standards noted in the comply with the performance standards noted in the MX regulations.MX regulations.

Summary of ChangesSummary of Changes

The newly submitted plans are almost identical The newly submitted plans are almost identical to those approved in April of 2005. The 2005 to those approved in April of 2005. The 2005 staff report is attached for your reference.staff report is attached for your reference.

The landscaping plan has changed slightly The landscaping plan has changed slightly with the City Forrester providing with the City Forrester providing recommended revisions with regard to plant recommended revisions with regard to plant types. Those will be forwarded onto the types. Those will be forwarded onto the developer.developer.

Most importantly, the number of parking Most importantly, the number of parking spaces has been reduced by approximately 8 spaces has been reduced by approximately 8 stalls, however the square footage of office stalls, however the square footage of office and residential remain unchanged. and residential remain unchanged.

Staff RecommendationStaff Recommendation Staff is recommending approval of the Special Use Staff is recommending approval of the Special Use

Permit and Site Plan Review stipulating the following Permit and Site Plan Review stipulating the following conditions (similar to 2005 conditions):conditions (similar to 2005 conditions):

8 more parking stalls are implemented into the plan, either 8 more parking stalls are implemented into the plan, either as surface or underground parking or a combination thereof,as surface or underground parking or a combination thereof,

Approval and submission of a permit by the Watershed Approval and submission of a permit by the Watershed District,District,

The necessary relocation of the storm sewer pipe be at the The necessary relocation of the storm sewer pipe be at the applicant’s expense,applicant’s expense,

An easement for the relocated storm sewer be dedicated by An easement for the relocated storm sewer be dedicated by the applicant, andthe applicant, and

Implementation of the City Forrester’s recommendations Implementation of the City Forrester’s recommendations with regard to the Landscape Plan. with regard to the Landscape Plan.