Adopt Resolution #12-05-XXX Adopting Findings of Fact relating to a Request from Gaughan Companies for a Waiver from City Code Paving Standards to Utilize a Class V Parking Surface on the Property Located at 6390 McKinley Street NW

The Gaughan Companies own the property located at 6390 McKinley St NW.  One of their tenants, Hanson Building Materials, is looking to expand the outside storage area and is requesting to utilize class V gravel rather than asphalt or concrete.   They have stated that the use of certain heavier equipment may damage pavement whereas a class V surface can easily be repaired.

The property is located in the E-1 Employment District and open and outside storage as an accessory use is permitted provided that (1) the storage area is surfaced to control dust and subject to the approval of the zoning administrator and (2) the use does not take up parking space or loading area as required in Chapter 117 of City Code.  The intent of the surfacing language was to require asphalt or concrete surfacing along with B6/12 concrete curbing.  The E-1 Employment District is the only remaining zoning district that still contains the 'surfacing to control dust' language.  That language had been amended out of the other zoning districts over the years to more clearly identify the original intent, which is to require concrete or asphalt.

The extended outside storage area would be approximately 4,725 square feet and located in the rear of the property, as outlined in the attached exhibit.  The property owner has also applied for a building permit for some interior tenant improvements as well as the installation of a six (6) foot tall chain link fence to enclose the proposed additional outside storage area.  Similar requests of this nature have been considered in the past in the Employment Districts, typically due to the potential use of heavier equipment.  

If more than 400 cubic yards of material are to be imported/exported, an Interim Use Permit would be required as outlined in City Code.  The total quantity of material that would be imported (and possibly exported) is not yet known, however, based on the area (approximately 4,725 square feet) and the minimum depth required (two [2] inches), it could be estimated at around thirty to fifty (30-50) cubic yards.

Staff still needs clarification from the applicant on the following issues:

• What quantity of material will be imported (and exported if applicable)?
• What erosion control measures will be implemented?
• What potential impacts may there be to existing drainage patterns? 

As previously noted, the City Council has considered similiar requests in the past in the Employment Districts, due to the potential use of heavier equipment.  While the intent of the surfacing requirement is primarily for dust control and stormwater management, it is also for aesthetic purposes as well.  The proposed area would be behind the building and thus screened from view from McKinley St and mostly visible from the railroad tracks.  Considering the type of use and the location, Staff would not be opposed to the request assuming the aforementioned questions can be adequately addressed by the applicant.

Due to the language within the E-1 Employment District regarding 'surfacing to control dust', this request is being addressed as part of Staff's regular duties.

Adopt Resolution adopting Findings of Fact relating to the request to utilize class V gravel for additional outside storage area.

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Approving the request to utilize class V gravel for additional outside storage area as identified on the attached site plan.