HomeMy WebLinkAbout5A Rubenzer CUP & Variance
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
AGENDA ITEM:
SUBJECT:
PREPARED BY:
PUBLIC HEARING:
CASE FILE #:
DATE:
INTRODUCTION:
STAFF REPORT
SA
PUBLIC HEARING TO CONSIDER APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW A CAR
WASH WITHIN THE C-4 (GENERAL BUSINESS)
ZONING DISTRICT
JEFF MATZKE, PLANNER
--1L YES _NO-N/A
EP 08-134
SEPTEMBER 8, 2008
Justin Rubenzer has applied for a Conditional Use Permit for a Car Wash
located at 4520 Tower Street. The property is located south of State Highway
13, east of County Road 23 (Panama Avenue), and west of Toronto Street.
The property is zoned C-4 (General Business) and is guided C-CC (Community
Retail Shopping on the 2030 Comprehensive Plan Map. A Car Wash is
permitted with a Conditional Use Permit in the C-4 district. The applicant is also
applying for a variance from the side yard setback requirement. The subject of
the variance is covered in a separate report.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site is approximately 2.9 acres.
Existina Use: The existing site is vacant.
Topoaraphv: The site is relatively flat. A wooded area is located at the south
and west sides of the property.
Wetlands: There is a wetland located on the adjacent City-owned lot to the
west. The applicant has been informed to provide more detail to the delineation
of the wetland as it relates to the proposed storm water pond.
Access: Access to this property is proposed from Tower Street.
Adiacent Existina UseslL~nd Use, and Zonina:
1:\08 files\08 cup'slrubenzer car wash\pc reportdoc .ty f . I k
WWW.clopnorae.com
Phone 952.447.9800 / Fax 952.447.4245
Adiacent Existina Uses. land Use. and Zoning:
Existing Use land Use Zoning
Designation
West City-owned C-CC Community C-4
wetlandNacant Land Retail ShoppinQ
East Regional School R-HD Urban High R-1
District Offices Densitv
North Vacant Land (Deerfield C-CC Community C-5
Industrial Park) Retail ShoppinQ
South Single Family R-LD R-1
Homes Urban Low Densitv
ANALYSIS:
The applicant is requesting to place a 6,583 square foot car wash on the 2.92
acre site. The proposed car wash includes 6 self-service bays and two
automatic wash bays. A possible future third automatic wash bay is proposed at
the east end of the building. The access aisles will wrap around the west end of
the lot to the rear of the building. The entry for the wash bays will be from the
south of the building. The overhead doors for the automatic bays will close atter
each car enters allowing for reduced noise toward the residential lots to the
south from the dryers at the north end of the automatic bays. The vacuums have
also been located on the north end of the lot to reduce noise to the residential
homes located south of the property.
Parkina: The Zoning Ordinance requires a minimum 1 space for each wash bay
and with no less than 10 parking spaces on site for employees, drying, and
vacuuming purposes. The site proposes 14 spaces.
Storm Water: The applicant proposes to create a storm water pond at the west
side of the lot to address the storm water needs.
Signs: The proposed wall and pylon signage meets the requirements of the
Sign Ordinance.
Screening: The applicant has proposed screening along the north and east
property lines as well as add additional coniferous trees along the southeast
corner of the rear drive aisle. The wooded area at the rear of the property will
remain for screening purposes as well.
Lighting: Reflected glare or spill light shall not exceed a 1.0 foot-candle at the
property line when the source of light abuts any commercial or industrial parcel
and a .5 foot-candle abutting a residential use. The photometric design details 8
downcast light fixtures which will meet this ordinance requirement.
1:\08 files\08 cup's\rubenzer car wash\pc report.doc
2
CONDITIONAL USE PERMIT FINDINGS:
Section 1108.200 of the City Code sets forth the general criteria utilized to review
a CUP application.
(1) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to Udetermine and
strive for a balance of commerce, industry and population" and to
Umaintain high standards in the promotion and development of
commerce and industry."
The car wash is located within an area designated for Community Retail
Shopping (C-CC) uses. The C-4 zoning is consistent with that
designation. According to the Comprehensive Plan, the C-CC category
66envisions centers of a larger scale, serving a broader area which may
be proximate to residential development, but which by design and
appropriate limitations on the type and intensity of uses, feature
effective transition to residential areas, vehicular access and aesthetic
harmony. "
Another objective of the Comprehensive Plan is to Uenact and maintain
policies and ordinances to ensure the public safety, health and welfare. "
The CUP process affords the opportunity to mitigate any potential
impact on the adjacent properties, by placing conditions on the use.
This proposal will be consistent with the goals, objectives, and policies
of the Comprehensive Plan provided it complies with the conditions of
approval.
(2) The use will not be detrimental to the health, safety, morals and general
welfare of the community as a whole.
The uses will not be detrimental to the health, safety, and general
welfare of the community as a whole provided all conditions of approval
are met.
(3) The use is consistent with the intent and purpose of the Zoning Ordinance
and the Use District in which the Conditional Use is located.
One purpose of the Zoning Ordinance is to "protect the residential,
business, industrial and public areas of the community and maintain
their stability." The proposed use is consistent with this goal, provided
the site complies with all conditions of approval.
1:\08 files\08 cup's\rubenzer car wash\pc report.doc
3
(4) The use will not have undue adverse impacts on governmental facilities,
services, or improvements, which are either existing or proposed.
So long as all conditions of approval are adhered to the uses will not
over burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity to the conditional use.
The screening, separation distance between structures on other lots,
and closing of automatic doors will help mitigate any adverse impacts
on the properties in close proximity.
(6) The use is subject to the design and other requirements of site and
landscape plans prepared by or under the direction of a professional
landscape architect, or civil engineer registered in the State of Minnesota,
approved by the Planning Commission and incorporated as part of the
conditions imposed on the use by the Planning Commission.
A professional engineer has prepared the original site plans for the
application. Adjustments to the bufferyard screening required as part of
the staff memorandum conditions.
(7) The use is subject to drainage and utility plans prepared by a professional civil
engineer registered in the State of Minnesota which illustrate locations of city
water, city sewer, fire hydrants, manholes, power, telephone and cable lines,
natural gas mains, and other service facilities. The plans shall be included as
part of the conditions set forth in the CUP approved by the City Council.
A registered civil engineer prepared drainage and utility plans for the
original administrative site plan application.
(8) The use is subject to such other additional conditions which the Planning
Commission may find necessary to protect the general welfare, public safety
and neighborhood character. Such additional conditions may be imposed in
those situations where the other dimensional standards, performance
standards, conditions or requirements in this Ordinance are insufficient to
achieve the objectives contained in subsection 1108.202. In these
circumstances, the Planning Commission may impose restrictions and
conditions on the CUP which are more stringent than those set forth in the
Ordinance and which are consistent with the general conditions above. The
additional conditions shall be set forth in the CUP approved by the Planning
Commission.
1:\08 files\08 cup's\rubenzer car wash\pc report.doc
4
The Planning Commission may revise recommended conditions or
attach additional conditions, as they deem appropriate to protect the
general welfare, public safety, and neighborhood character.
CONCLUSION
Overall, staff believes the car wash is consistent with the intent of the C-4 use
district provided conditions of approval are met. Based upon the findings set
forth in this report, staff recommends approval of the Conditional Use Permit. In
order to meet the above-listed criteria, the Planning staff recommends the
following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later
than 60 days after City Council approval.
2. A sign permit application must be submitted to the City prior to the installation
or alteration of any signage on the site.
3. The applicant shall address all staff comments as outlined in the August 22,
2008 engineering; August 25, 2008 CDNR; and August 27, 2008 building
memorandums.
ALTERNATIVES:
1. Approve the amended CUP with conditions as recommended or any other
conditions the Planning Commission feels are warranted.
2. Deny the amended CUP. In this case, the Planning Commission should be
specific about findings of fact.
3. Continue the request to a specific date and direct the applicant to provide the
necessary additional information.
RECOMMENDATION:
The Planning staff recommends approval of the CUP subject to the listed
conditions.
ACTIONS REQUIRED:
A motion and second to approve Resolution 08-12PC approving an amended
Conditional Use Permit to allow a car wash in the C-4 Zoning District, subject to
the listed conditions.
ATTACHMENTS:
1. Location Map
2. Resolution 08-12PC
3. Site Plans
1:\08 files\08 cup's\rubenzer car wash\pc report.doc
5
Rubenzer Car Wash
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4510
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POHDVIEW TRl BE
4511 4S2l'l
This drawing Is neither a legally I8COrded map nor a IUMlY and Is not
Intended to ba uaad aa one. Tl1ls drawlng Is a compll8lJon of 18COIda,
Informallon, and data located In various city, county, and atal8 olIicIIa, and
other aourcas lIIfecUng the araa shown. and 18 to be uaad for mel'8llOll
purpoaaa only. Scott County Is not rasponslbla for any Inaccuraclas heraln
contained. If dllcrapanclas ara found, pin.. contact the Scott County
SUMlYOrs OlIIca.
Map Scale
1 inch = 220 feet
Map Date
8/29/2008
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 08.12PC
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CAR WASH IN THE C.4 (GENERAL BUSINESS) ZONING USE
DISTRICT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The Prior Lake Planning Commission conducted a public hearing on September 8, 2008, to consider
an application from Justin Rubenzer for a Conditional Use Permit (CUP) to allow a car wash in the
C-4 (General Business) Zoning Use District;
Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior
Lake Ordinances; and
The Planning Commission proceeded to hear all persons interested in this CUP and persons
interested were afforded the opportunity to present their views and objections related to the CUP; and
The Planning Commission approved the CUP with specific conditions; and
The Planning Commission finds the proposed CUP is compatible with the stated purposes and intent
of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning
Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
Section 1108.200 ofthe City Code sets forth the aeneral criteria utilized to review a CUP aDDlication.
(1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to "determine and strive for a balance of commerce, industry and
population" and to "maintain high standards in the promotion and development of commerce and industry."
The car wash is located within an area designated for Community Retail Shopping (C-CC) uses. The C-4 zoning is
consistent with that designation. According to the Comprehensive Plan, the C-CC category "envisions centers of a larger
scale, serving a broader area which may be proximate to residential development, but which by design and appropriate
limitations on the type and intensity of uses, feature effective transition to residential areas, vehicular access and aesthetic
harmony. "
Another objective of the Comprehensive Plan is to "enact and maintain policies and ordinances to ensure the public safety,
health and welfare."
The CUP process affords the opportunity to mitigate any potential impact on the adjacent properties, by placing conditions
on the use. This proposal will be consistent with the goals, objectives, and policies of the Comprehensive Plan provided it
complies with the conditions of approval.
L:\08 FILES\08 CUP'S\Rubenzer Car Wash\approval resolutio~.cityofpriorlake.com Page 1
Phone 952.447.9800 / Fax 952.447.4245
(2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole.
The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all
conditions of approval are met.
(3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the
Conditional Use is located.
One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community
and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of
approval.
(4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are
either existing or proposed.
So long as all conditions of approval are adhered to the uses will not over burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the
conditional use.
The screening, separation distance between structures on other lots, and closing of automatic doors will help mitigate any
adverse impacts on the properties in close proximity.
(6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the
direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by
the Planning Commission and incorporated as part of the conditions imposed on the use by the Planning
Commission.
A professional engineer has prepared the original site plans for the application. Adjustments to the bufferyard screening
required as part of the staff memorandum conditions.
(7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of
Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable
lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth
in the CUP approved by the City Council.
A registered civil engineer prepared drainage and utility plans for the original administrative site plan application.
(8) The use is subject to such other additional conditions which the Planning Commission may find necessary to
protect the general welfare, public safety and neighborhood character. Such additional conditions may be
imposed in those situations where the other dimensional standards, performance standards, conditions or
requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In
these circumstances, the Planning Commission may impose restrictions and conditions on the CUP which are
more stringent than those set forth in the Ordinance and which are consistent with the general conditions above.
The additional conditions shall be set forth in the CUP approved by the Planning Commission.
The Planning Commission may revise recommended conditions or attach additional conditions, as they deem appropriate
to protect the general welfare, public safety, and neighborhood character.
The Conditional Use Permit is hereby approved on the property legally described as follows:
4520 Tower Street SW, Prior Lake, MN 55372
Lot 1, Block 2, Enivid First Addition, according to the recorded plat thereof. (PID 25-269-003-0)
And
That part of Outlot A, in said Enivid First Addition, lying southerly and easterly of the following described line:
Beginning at the southwest corner of said Outlot A (the south line of said Outlot A has an assumed bearing of South 89 degrees 53
minutes 43 seconds West); thence North 71 degrees 23 minutes 09 seconds East a distance of 316.12 feet; thence North 01
degrees 30 minutes 45 seconds East a distance of 258.70 feet to the northerly line of said Outlot A and said line there terminating.
(PID 25-269-004-1)
L:\08 FILES\08 CUP'S\Rubenzer Car Wash\approval resolution.doc
Page 2
The Conditional Use Permit is hereby approved subject to the following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council approval.
2. A sign permit application must be submitted to the City prior to the installation or alteration of any signage on the site.
3. The applicant shall address all staff comments as outlined in the August 22, 2008 engineering; August 25, 2008 CDNR;
and August 27, 2008 building memorandums.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit to allow for a
communications tower with a reduced setback in relation to a public street. The contents of Planning Case Files # EP08-134
are hereby entered into and made a part of the public record and the record of the decision for this case.
Passed and adopted this 8th day of September, 2008.
ATTEST:
Dan Ringstad, Acting Commission Chair
Danette Walthers, Community Development & Natural Resources Director
L:\08 FILES\08 CUP'S\Rubenzer Car Wash\approval resolution.doc
Page 3
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STAFF REPORT
PREPARED BY:
PUBLIC HEARING:
CASE FILE #:
DATE:
5B
PUBLIC HEARING TO CONSIDER A VARIANCE FROM
THE 60 FOOT SIDE YARD SETBACK ABUTTING AN "Rn
USE DISTRICT
JEFF MATZKE, PLANNER
-LYES _NO-N/A
EP 08-135
SEPTEMBER 8, 2008
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
Justin Rubenzer is requesting a variance to allow for the construction of a car wash
located at 4520 Tower Street. The property is located south of State Highway 13, east
of County Road 23 (Panama Avenue), and west of Toronto Street.
The property is zoned C-4 (General Business) and is guided C-CC (Community Retail
Shopping on the 2030 Comprehensive Plan Map. In order to construct the car wash as
proposed the following variance is required:
. A 40 foot variance from the required 60 foot minimum setback abutting an "Rn
Use District (Section 11 02.1300( 11 )).
DISCUSSION:
The applicant has proposed to place the 6,583 square foot car wash structure a
distance of 20 feet from the east property line. This property abuts a property on which
the local school district offices are located. This adjacent property was the former
location the Ponds Edge School, however, this school was removed in 2006 due to the
construction of the Jeffers Pond Elementary School and the Westwood Elementary
School addition. The school district then renovated the building to house the district
offices exclusively. Despite the current commercial use nature of the offices the
property has remained an R-1 Low Density Residential zoned property, and therefore
the applicant is required to maintain an increased setback from the lot. The standard
C-4 zoned commercial side yard setback is 20 feet. The applicant is asking for a
variance to allow for the car wash building to be placed at the standard C-4 zoned
commercial side yard setback.
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Phone 952.447.9800 / Fax 952.447.4245
ANALYSIS:
Variance Hardship Findings
Section 1108.400 states that the Board of Adjustment may grant a variance from the
strict application of the provisions of the Zoning Ordinance, provided that:
1. Where by reason of narrowness, shallowness, or shape of a lot, or where by
reason of exceptional topographical or water conditions or other extraordinary
and exceptional conditions of such lot, the strict application of the terms of
this Ordinance would result in peculiar and practical difficulties or exceptional
or undue hardship upon the owner of such lot in developing or using such lot
in a manner customary and legally permissible within the Use District in which
said lot is located.
The exceptional condition of the former school location has created the hardship for
the commercial car wash to be located an increased distance from the school district
office lot.
2. Conditions applying to the structure or land in question are peculiar to the
property or immediately adjoining property, and do not apply, generally, to
other land or structures in the Use District in which the land is located.
The need for the minimum 60 foot side yard setback is unique to this lot due to the
former location of the Ponds Edge School. The applicant has proposed a structure
which will meet the standard 20 foot required minimum setback for the C-4 district.
3. The granting of the proposed variance is necessary for the preservation and
enjoyment of a substantial property right of the owner.
The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the C-4 zoned commercial property. The nonconformity was
created as a result of the location of a former school which has since relocated.
4. The granting of the proposed variance will not impair an adequate supply of
light and air to the adjacent property, unreasonably increase the congestion in
the public streets, increase the danger of fire, or endanger the public safety.
Granting of the variance will not impair an adequate supply of light and air to
adjacent property or negatively impact public safety.
5. The granting of the variance will not unreasonably impact on the character
and development of the neighborhood, unreasonably diminish or impair
established property values in the surrounding area, or in any other way
impair the health, safety, and comfort of the area.
1:\08 files\08 variances\rubenzer car wash\pc report.doc
2
The granting of the variances will not impact the character and development of the
area. The other properties along the block of Tower Street are C-4 zoned
commercial lots.
6. The granting of the proposed variance will not be contrary to the intent of this
Ordinance and the Comprehensive Plan.
The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue
concentration of structures and population by regulating the use of land and
buildings and the bulk of buildings in relation to the land surrounding them." This
purpose is implemented through required minimum setbacks. The proposed
variance will allow the car wash to meet the standard setback for a C-4 zoned side
yard.
7. The granting of the variance will not merely serve as a convenience to the
applicant but is necessary to alleviate a demonstrable undue hardship or
difficulty.
Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to alleviate an undue hardship due to the unique circumstance of
the adjacent school district office location.
8. The hardship results from the application of the provisions of this Ordinance
to the affected property and does not result from actions of the owners of the
property.
The hardship has been created by the former location of a school on the adjacent
property and remaining R-1 zoning classification.
9. Increased development or construction costs or economic hardship alone
shall not be grounds for granting a variance.
Staff does not believe that increased development or construction costs or economic
hardship are the basis of this request.
CONCLUSION
The strict applicant of the 60 side yard setback creates a hardship for the property
owner. This adjacent property was the former location the Ponds Edge School,
however, this school was removed in 2006 and the school district offices now house the
building. The applicant has proposed to meet the standard 20 foot side yard setback
required in the C-4 Zoning District. Based upon the findings in this report, staff
recommends approval of the requested side yard variance with the following conditions:
1) This resolution must be recorded at Scott County within 60 days of adoption. Proof
of recording, along with the acknowledged City Assent Form, shall be submitted to
the Community Development & Natural Resources Department prior to the
issuance of a building permit.
1:\08 files\08 variances\rubenzer car wash\pc report.doc
3
2) The building permit is subject to all other applicable city, county, and state agency
regulations.
ALTERNATIVES
1. Approve the variance requested by the applicant.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
ACTION REQUIRED
This request requires the following motions:
1. A motion and second adopting Resolution 08-10PC approving the following variance
subject to the listed conditions:
· A 40 foot variance from the required 60 foot minimum setback abutting an "R"
Use District (Section 1102.1300(11)).
ATTACHMENTS
1. Resolution 08-13PC
2. Location map
3. Site Plan (See CUP Attached Plans)
1:\08 files\08 variances\rubenzer car wash\pc report. doc
4
A RESOLUTION APPROVING A VARIANCE FROM THE 60 FOOT SIDE YARD
SETBACK ABUTTING AN "R" USE DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Justin Rubenzer is requesting a variance from the 60 foot side yard setback abutting
a "R" Use District on a commercial property zoned C-4 (General Business) at the
following location, to wit;
4520 Tower Street SW, Prior Lake, MN 55372
Lot 1, Block 2, Enivid First Addition, according to the recorded plat thereof. (Pill 25-269-003-0)
And
That part of Outlot A, in said Enivid First Addition, lying southerly and easterly of the following
described line:
Beginning at the southwest comer of said Outlot A (the south line of said Outlot A has an assumed
bearing of South 89 degrees 53 minutes 43 seconds West); thence North 71 degrees 23 minutes 09
seconds East a distance of 316.12 feet; thence North 01 degrees 30 minutes 45 seconds East a
distance of 258.70 feet to the northerly line of said Outlot A and said line there terminating.
(Pill 25-269-004-1)
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #08-135 and held a hearing thereon on September 8, 2008.
3. The Board of Adjustment has considered the effect of the proposed variance upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on
property values in the surrounding area and the effect of the proposed variance on
the Comprehensive Plan.
4. The exceptional condition of the former school location has created the hardship for
the commercial car wash to be located an increased distance from the school district
office lot.
5. Staff does not believe that increased development or construction costs or economic
hardship are the basis of this request.
6. Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to alleviate an undue hardship due to the unique circumstance of
the adjacent school district office location.
7. The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue
concentration of structures and population by regulating the use of land and
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Phone 952.447.9800 / Fax 952.447.4245
buildings and the bulk of buildings in relation to the land surrounding them." This
purpose is implemented through required minimum setbacks. The proposed
variance will allow the car wash to meet the standard setback for a C-4 zoned side
yard.
8. The granting of the variances will not impact the character and development of the
local neighborhood. The other properties along the block of Tower Street are C-4
zoned commercial lots.
9. Granting of the variance will not impair an adequate supply of light and air to
adjacent property or negatively impact public safety.
10. The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the C-4 zoned commercial property. The nonconformity was
created as a result of the location of a former school which has since relocated.
11. The need for the minimum 60 foot side yard setback is unique to this lot due to the
former location of the Ponds Edge School. The applicant has proposed a structure
which will meet the standard 20 foot required minimum setback for the C-4 district.
12. The exceptional condition of the former school location has created the hardship for
the commercial car wash to be located an increased distance from the school district
office lot.
13. The contents of Planning Case #08-135 are hereby entered into and made a part of
the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance on a commercial property zoned C-4 (General Business):
· A 40 foot variance from the required 60 foot minimum setback abutting an "R"
Use District (Section 1102.1300(11)).
The variance is subject to the following conditions:
1. This resolution must be recorded at Scott County within 60 days of adoption. Proof of
recording, along with the acknowledged City Assent Form, shall be submitted to the
Community Development & Natural Resources Department prior to the issuance of a
building permit.
2. The building permit is subject to all other applicable city, county, and state agency
regulations.
Adopted by the Board of Adjustment on September 8, 2008
Dan Ringstad, Acting Commission Chair
ATTEST:
Danette Walthers, Community Development & Natural Resources Director
1:\08 files\08 variances\rubenzer car wash\approval resolution. doc
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