Cond. Use Permit-Sohan UppalJune 13, 1985
Case No: 85 -30
Applicant: Sohan Uppal
Location: 9th Avenue South
Request: Conditional Use Permit to construct townhouses
STAFF FINDINGS & COMMENTS: Anderson
1. The applicant is proposing to build a ten unit townhouse development on 9th
Avenue South. The proposed development is located in the R -2 zone which permits
such a development.
2. The proposed townhouses will be on Lots 3 thru 5. In July 1980 the applicant
applied and was granted approval of the plat on Lots 2 thru 5. The applicant
replatted these lots on the recommendation from the Commission on February 25,
1980. The Commission recommended that Lots 2 thru 4 be replatted to allow
triplexes and Lot 5 for construction of a duplex structure (totalling 8 units).
Existing triplexes are located on Lots 1 & 2 of the plat.
3. The three lots have the required lot area of 12,000 sq. ft. as required by
427.31 for an R -2 district. Another requirement also is 3500 sq. ft. of lot
area per 1 family. The proposed development has required 3500 sq. ft. per
family. The lots do not have the required lot width. In January 1979 the
applicant was permitted to plat Lots 1 thru 5 at 92 feet based on a historical
agreement between the City and the previous owner for land usage in that area.
Since then the lots have been replatted. The lots which the townhouses are
proposed have an 80.56 width and two lots 96 foot width.
4. The proposed development will have a front yard setback of 38 feet, a rear yard
setback of 69 feet, and sideyard setbacks of 12 feet and 5'6 ". A variance has
been applied for the side yard setbacks. The height of the townhouses is 33
feet.
5. The subject property boarders Nine Mile Creek and the flood plain consumes a
good part of the property. An approved plan from the Nine Mile Creek Watershed
District will be required as well as final review by the City Engineer for flood
plain encroachment and drainage.
6. ,Ordinance 427.31 requires a maximum building coverage of 35% in an R -2 district.
The proposed development has a building coverage of 21 %.
7. The open space ratio in an R -2 district is 1:1.5. The subject site would have
an open space ratio of 1:1.89.
8. The landscape plan shows plantings of maple and ash along 9th Avenue and also in
the rear of the townhouses. The proposed landscape plan conforms with the new
landscape ordinance which would require 14 trees. The proposed plan shows 18
trees.
9. Access to the townhouses will be from 9th Avenue South.
Case No: 85 -20
Page 2
10. If this proposed development is approved, the applicant should be required to
combine the lots.
11. Ordinance 427.45 requires at least one (1) parking space for each dwelling unit
of 1200 square feet or less and two (2) parking spaces for each dwelling unit
over 1200 square feet, plus one (1) additional parking space for each two (2)
roomers accommodated. A garage will fulfill this requirement. The proposed
development will have a two -stall garage.
12. The exterior of the townhouses will be a painted surface. The proposed color
to be used is brown.
13. The Fire Marshal has not seen the plans. Any approval should be contingent upon
approval of the Fire Marshal.
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