HomeMy WebLinkAboutPC Exec Sum Spectro Alloys Setback Variance 2-27-18
EXECUTIVE SUMMARY
Board of Appeals and Adjustments Meeting: February 27, 2018
AGENDA ITEM: Case 18-11-V Spectro Alloys request for
AGENDA SECTION:
Variance to the required side yard setback
Public Hearing
for a principal and accessory building.
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 5.a.
ATTACHMENTS: Resolution, Site Location Map, Existing APPROVED BY: K.L.
Conditions Map (Addition Area), Site Survey,
Grading Plan, Storm Water Plan, Utility and
Surfacing Plan, Building Elevations, Filter
House Diagram, Filter House Example Photo
RECOMMENDED ACTION: MOTION to Adopt a Resolution approving a Variance to allow
a side yard setback of two feet for a principal building addition and a side yard setback of
12 feet for an accessory building in a GI – General Industrial zoning district.
SUMMARY
The Planning Commission, acting as the Board of Appeals and Adjustments, is being asked to consider a
variance request from Spectro Alloys Corporation, 13220 Doyle Path, to construct an addition to its
principal building, and filter house connected to the addition, that does not meet the minimum side yard
setback of 80 feet (50 feet plus additional setback next to a railroad right-of-way). The addition will house
a new furnace for the smelting of recycled metals, and will bring safety, efficiency, and environmental
improvements to the site as a whole. Staff is recommending approval of the request based on the findings
documented in this report.
GENERAL INFORMATION
Applicant & Property Owner: Spectro Alloys Corporation (Luke Palen, President)
Location: 13220 Doyle Path
Property Size: 15.47 Acres
Comp. Guide Plan Designation: GI – General Industrial
Current Zoning: GI – General Industrial/Mississippi River Critical Area Overlay
District (Urban Diversified)
Current Use: Metal Recycling Operation/General Industrial
BACKGROUND
Spectro’s principal operation is as a secondary aluminum smelter. A primary aluminum smelter refines raw
ore into aluminum ingots. A secondary aluminum smelter recycles existing aluminum scrap into ingots
that are shipped to manufacturers. Spectro’s operation stores scrap aluminum predominately behind (to
the north of) their building. The scrap is normally shredded and sorted through the hammer mill located
on the far east side of the site adjacent to the railroad tracks. The shredded scrap is brought into the
building and smelted in one of their two smelters. The smelted aluminum is poured into ingots molds.
This process produces a number of waste streams including air emissions of metals from the smelting
process. These air emissions are removed through a device called a baghouse (or filter house) which is
essentially a metal box with a number of fabric socks or bags within it. The air travels through the fabric
and the small particles (including metals) are removed. This debris is collected in bags. The debris is
tested and is either disposed of as industrial or hazardous waste.
In 2014, Spectro Alloys installed a new process at their facility that recycles aluminum without the need for
smelting. The process, called Custom Clean Discharge, sorts shredded material into different metals or
alloys through a system of conveyors that include eddy currents to sort the material. Because the process
involved the installation of new exterior equipment and outside storage in the northern portion of the site,
the applicant applied for and was granted a Conditional Use Permit (CUP) for the project. This brought
the overall amount of outdoor structures and equipment to 26% of the overall principal building coverage
on the property (in excess of the 15% allowed under the code without a CUP).
At this time, Spectro Alloys is seeking to make further improvements to their process by installing new,
more efficient furnaces within the facility, and will house this new equipment inside an addition to the
southernmost portion of the exiting building. The overall project improvement includes the installation of
two new state of the art aluminum furnaces, which will allow Spectro to recycle certain types of scrap
aluminum that are currently shipped to other facilities (owned by others) in other states. This system will
also replace an older scrap drier, resulting in process efficiencies and savings. The furnaces will be fully
enclosed in a new building addition, whereas the existing drier system is outside. Enclosing the process
will result in less noise leaving the facility.
The project will include two main components: a building expansion of approximately 5,000 square feet,
and significant property upgrades and improvements to accommodate the new equipment. The building
addition will extend the existing front wall at its farthest eastern extension out an additional 68 feet. The
building is currently situated approximately 14 feet from the adjacent railroad right-of-way, and due to the
curve of this adjoining property line and configuration of the building, the proposed addition will come
within two feet of the property line. The Zoning Ordinance classifies the applicant’s eastern property line
as a side yard; therefore, the GI district standards require a minimum side yard setback of 50 feet plus an
additional 30 feet because it is adjacent to a railway. The applicant is requesting a variance from the side
yard requirements to allow the building addition to encroach into the required setback and to within two
feet of the property line.
The building addition will enclose a portion the site that currently houses exterior equipment associated
with the recycling operation, including the existing scrap drier. In its place, the applicant is proposing to
install a new equipment pad that will house a modern filter house, exhaust stack, and other related
structures. Because the filter house and exhaust stack are considered accessory structures under the
Zoning Ordinance, they are also subject to the structure setback requirement of 80 feet (50 feet side yard
plus 30 feet from railroad property). The site plan illustrates a proposed setback of 14 feet to the exhaust
stack, which is the closest accessory structure to the side property line.
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REVIEW AND ANALYSIS
The applicant’s property is unique for several reasons, the most significant of which is the curving eastern
property line that directly abuts a Union Pacific rail line. There are also several separate spur lines in this
area that leave much of the property east of the applicant’s site as railroad right-of-way. Although the
Specto Alloys facility is situated very close to the eastern property line, there is a considerable distance
between any buildings and structures and the closest private property. The curving nature of the lot also
reduces the usable portion of the lot once setbacks (and the increased setback from the railroad and bluff
lines) are taken into account. Any building expansion will either encroach into setback areas or will greatly
impact existing parking and maneuvering lanes around the site.
Because the proposed furnace improvements are directly related to the processing portion of the business,
there are few places a new addition could be integrated into the existing facility. For instance, most of the
southern portion of the building is either used for loading (since there is no room for larger trucks in the
rear of the building) or office/administrative uses. Much of the new exterior equipment, like the filter
house and exhaust stack, also must be directly connected with the new furnaces, which leaves few options
where there is adequate space next to the exiting building.
Many aspects of the Spectro Alloys site are non-conforming due to the previous development on the site,
specifically the amount of outside storage on the site and building setbacks. The site was first developed in
1973, and at that time the City did not limit outdoor storage in the General Industrial district, did not
require parking and maneuvering areas to be paved, and the Mississippi River Critical Corridor Area
(MRCCA) did not exist. Since 1973, the City has adopted zoning ordinances that included performance
standards limiting outdoor storage, requiring the paving of parking and maneuvering areas, requiring a 40
foot setback from the MRCCA bluff line, and requiring more substantial setbacks for industrial buildings.
In general, any non-conforming aspects of the site are allowed to continue, but cannot be expanded when
new operations, processes, structures, or equipment is installed.
With the current request, the applicant will be reducing the percentage of outdoor structures on the site in
relation to the principal building, therefore bringing the property closer into conformance with the City
Code. Although the current building does not meet the GI district setback requirements, the extension of
the building is not allowed under the non-conforming provisions of the code because it represents an
expansion of the non-conformity. For the reasons noted above and further clarified in the following
section, the applicant has requested a variance from the City’s side yard setback requirements.
The other aspect of the site that was reviewed by staff concerns the total amount of impervious coverage
on the site, which is limited to 70% in a GI zoning district. While the proposed addition will not increase
the impervious coverage since it is being built over a current blacktop surface, the new filter house will be
built in an existing grassy portion of the property. Based on the survey provided by the applicant, staff is
estimating that the current impervious ratio is 69.3% for the site, and with the proposed improvements
will increase this amount to 69.6%. Because the site is so close the maximum allowed in a GI zoning
district, staff is recommending that the proposed project be allowed to move forward, but that any future
modifications to the site only be permitted after submission of a survey with accurate impervious coverage
amounts calculated by a surveyor.
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VARIANCE STANDARDS
According to Section 11-12-2.G of the City Code, there are five criteria for the Board of Appeals and
Adjustments to review when considering a variance request. The five criteria used to assess each request
along with staff’s findings for each are listed below. While weighing a variance request against these
criteria, there are also two key issues to consider. The first is whether the applicant has reasonable use of
their property without the variance. The second is whether the project can be redesigned to eliminate or
reduce the need for a variance. The Board of Zoning Appeals must approve or deny each request based
on findings related to each of the five standards.
1. The variance request is in harmony with the purposes and intent of the ordinance.
Finding: The uses and activities taking place at the Spectro Alloys site are considered permitted or
conditional uses under the Zoning Ordinance, and the building addition will allow the applicant to
improve the efficiency and safety of its industrial operation. Although there are several aspects of
the site that are non-conforming, overall the proposed addition will bring the property closer to
compliance with the exterior storage and equipment provisions of the Ordinance. The building
addition and reduced side yard setback will maintain adequate spacing from the rail line and private
property to the east.
2. The variance is consistent with the comprehensive plan.
Finding: The recycling operation is consistent with the future land use designation of GI – General
Industrial for the property. The continued use and improvement of businesses within this land use
category is encouraged in the Comprehensive Plan.
3. Granting of the variance allows reasonable use of the property.
Finding: The variance will allow for an improvement and expansion of the present facility without
reconfiguring the entire site. The proposed building addition will occupy space that is currently
used for large structures and equipment with a minimal setback to the property line. A building
addition in this location will have a minimal visual impact over existing conditions. The proposed
addition will be able to maintain a setback of 50 feet from the nearest rail line, and will also be
located over 300 feet from the nearest private property line.
4. There are unique circumstances to the property which are not created by the landowner.
Finding: The current building locations and site layout were approved under less restrictive
ordinances and met any applicable standards in place at that time. The site is also constrained due
to the adjacent rail line and rail spurs, the curving alignment of the rail line, and its location
adjacent to a MRCCA bluff line.
5. Granting of the variance does not alter the essential character of the locality.
Finding: The property surrounding subject property is guided and zoned for either general or heavy
industrial land uses and abuts a rail spur used to move materials into and out of the near-by oil
refinery. The proposed addition will allow for continued processing and recycling of materials in
accordance the City’s zoning regulations. The essential character of the locality will not be altered
by granting of the variance
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CONCLUSION AND RECOMMENDATION
Based on the findings listed in the preceding section, Staff recommends that the Board of Appeals and
Adjustments approve the request from Spectro Alloys Corporation to construct an addition to its principal
building, and filter house connected to this addition, that does not meet the minimum side yard setback of
80 feet.
Please note that decisions made by the Board may be appealed to the City Council by the applicant, the
Zoning Administrator, a member of the City Council or any person owning property or residing within
three hundred fifty feet (350') of the property affected by the decision. All appeal requests must be filed
with the Planning Department within ten (10) working days of the action by the Board of Appeals and
Adjustments.
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