1. New Brighton Planning Commission Meeting March 21, 2006 Public Hearing: Special Use Permit (06-004) for a porch addition at 557 12 th Avenue NW

3. Request & Background Applicant: Chris & Jessica Italiano, property owners Applicant: Chris & Jessica Italiano, property owners Zoning is R-1, Single Family Residential Zoning is R-1, Single Family Residential Required front yard setback = 30 ’ Required 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’

6. Special Use Permit Analysis Section 4-040 (3) (B) allows for a 6’ encroachment into the front yard setback when the following conditions can be met: Section 4-040 (3) (B) allows for a 6’ encroachment into the front yard setback when the following conditions can be met: The proposed addition uses the same exterior structure materials and colors as the principal structure and accessories, The proposed addition uses the same exterior structure materials and colors as the principal structure and accessories, The roof is properly proportioned to and integrated with the roof of the principal structure on the property, The roof is properly proportioned to and integrated with the roof of the principal structure on the property, The base of the addition is not open and its appearance is consistent with the base of the building, and The base of the addition is not open and its appearance is consistent with the base of the building, and The structure shall not exceed 35% of the width of the front of the dwelling, excluding the garage, or shall not exceed 12’ in width, whichever is less. The structure shall not exceed 35% of the width of the front of the dwelling, excluding the garage, or shall not exceed 12’ in width, whichever is less.

7. Special Use Permit Analysis (cont.) Additionally, Section 8-130 of the Zoning Ordinance specifies the additional findings by the Planning Commission: Additionally, Section 8-130 of the Zoning Ordinance specifies the additional findings by the Planning Commission: Establishment of the special use will not be detrimental to the public health, safety, morals, or comfort of the general public, Establishment of the special use will not be detrimental to the public health, safety, morals, or comfort of the general public, The special use will not be injurious to use or enjoyment of other property in the vicinity, The special use will not be injurious to use or enjoyment of other property in the vicinity, Establishment of the special use will not impede normal or orderly development in the district, Establishment of the special use will not impede normal or orderly development in the district, Adequate utilities, access roads, drainage, etc. are provided, and Adequate utilities, access roads, drainage, etc. are provided, and The special use conforms to all other regulations. The special use conforms to all other regulations.

12. Staff Recommendation Staff finds that all conditions of both Sections 4-040 (3) (B) and 8-130 are met and therefore, Staff finds that all conditions of both Sections 4-040 (3) (B) and 8-130 are met and therefore, Recommends approval of the request as submitted. Recommends approval of the request as submitted.

13. Public Hearing: Special Use Permit (SP06-05) & Site Plan Review (LP06- 01) for a 4-story office/residential building at 1820 Old Highway 8 NW

15. Request & Background Applicant: FW Gordon Construction, LLC. Applicant: FW Gordon Construction, LLC. Owner: TJ Holdings, LLC. Owner: TJ Holdings, LLC. Zoning: MX, Mixed Use Zoning: MX, Mixed Use Past Use: former Hubcap Warehouse site Past Use: former Hubcap Warehouse site Previous approvals for both a Special Use Permit and Site Plan review were approved in April of 2005 Previous approvals for both a Special Use Permit and Site Plan review were approved in April of 2005 Those approvals have expired as a building permit was not submitted within 6 months, as required by the Zoning Ordinance. Those approvals have expired as a building permit was not submitted within 6 months, as required by the Zoning Ordinance.

18. Project Overview 4-story office & residential building to include 3 floors of office and a 4 th floor of residential that will contain 2 condominium units. 4-story office & residential building to include 3 floors of office and a 4 th floor of residential that will contain 2 condominium units. The Special Use Permit is triggered by the 4 th story and height exceeding 40’ (actual height proposed is ~52’). The Special Use Permit is triggered by the 4 th story and height exceeding 40’ (actual height proposed is ~52’). The Site Plan Review is a requirement of all new construction in commercial zones. The Site Plan Review is a requirement of all new construction in commercial zones. The mixed office/residential use complies with the permitted uses noted in the MX District regulations. The mixed office/residential use complies with the permitted uses noted in the MX District regulations.

19. Project Overview A combination of surface and underground parking is provided. A total of 71 stalls are shown on the plan whereby 77 are required by code (79 stalls are noted in the 2005 staff report). A combination of surface and underground parking is provided. A total of 71 stalls are shown on the plan whereby 77 are required by code (79 stalls are noted in the 2005 staff report). 30 surface stalls and 41 underground stalls are shown on the plan. 30 surface stalls and 41 underground stalls are shown on the plan. Parking regulations require 1 stall/200 s.f. of office and 3 stalls/residential unit (2/unit + 1 visitor stall/unit). Parking regulations require 1 stall/200 s.f. of office and 3 stalls/residential unit (2/unit + 1 visitor stall/unit). Developer has submitted revised plans prior to tonight’s meeting depicting 32 surface stalls and 45 underground stalls for a total of 77 stalls. Developer has submitted revised plans prior to tonight’s meeting depicting 32 surface stalls and 45 underground stalls for a total of 77 stalls.

20. Project Overview A monument style ground sign is proposed measuring 53 s.f. in area and 12’ in height, which conforms to the commercial sign standards. A monument style ground sign is proposed measuring 53 s.f. in area and 12’ in height, which conforms to the commercial sign standards. No wall signs are shown. No wall signs are shown. Additionally, a stairway access structure (requirement of the building code) is proposed at the northern end of the site meeting the required 25’ setback from Old Highway 8. It would be constructed with materials to match the principal building. Additionally, a stairway access structure (requirement of the building code) is proposed at the northern end of the site meeting the required 25’ setback from Old Highway 8. It would be constructed with materials to match the principal building. The principal building will consist of ledgerstone, hardiplank siding and stucco. All these materials comply with the performance standards noted in the MX regulations. The principal building will consist of ledgerstone, hardiplank siding and stucco. All these materials comply with the performance standards noted in the MX regulations.

21. Summary of Changes The newly submitted plans are almost identical to those approved in April of 2005. The 2005 staff report is attached for your reference. The newly submitted plans are almost identical to those approved in April of 2005. The 2005 staff report is attached for your reference. The landscaping plan has changed slightly with the City Forrester providing recommended revisions with regard to plant types. Those will be forwarded onto the developer. The landscaping plan has changed slightly with the City Forrester providing recommended revisions with regard to plant types. Those will be forwarded onto the developer. Most importantly, the number of parking spaces has been reduced by approximately 8 stalls, however the square footage of office and residential remain unchanged. Most importantly, the number of parking spaces has been reduced by approximately 8 stalls, however the square footage of office and residential remain unchanged.

25. Staff Recommendation Staff is recommending approval of the Special Use Permit and Site Plan Review stipulating the following conditions (similar to 2005 conditions): Staff is recommending approval of the Special Use Permit and Site Plan Review stipulating the following conditions (similar to 2005 conditions): 8 more parking stalls are implemented into the plan, either as surface or underground parking or a combination thereof, 8 more parking stalls are implemented into the plan, either as surface or underground parking or a combination thereof, Approval and submission of a permit by the Watershed District, Approval and submission of a permit by the Watershed District, The necessary relocation of the storm sewer pipe be at the applicant’s expense, The necessary relocation of the storm sewer pipe be at the applicant’s expense, An easement for the relocated storm sewer be dedicated by the applicant, and An easement for the relocated storm sewer be dedicated by the applicant, and Implementation of the City Forrester’s recommendations with regard to the Landscape Plan. Implementation of the City Forrester’s recommendations with regard to the Landscape Plan.