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HomeMy WebLinkAboutApril 3, 2001CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us PLANNING AND ZONING COMMISSION REGULAR MEETING 7:00 P.M. TUESDAY, APRIL 3, 2001 CITY HALL COUNCIL CHAMBERS 590 N.E. 40TM AVENUE MEMBERS Tom Rarnsdell, Chair Donna Schrnitt Ted Yehle Stephen W. Johnson Tarnmera Er/cson Roll Call Minutes from the Planning and Zoning Commission meeting of March 6, 2001. New Business: A. Public Hearing Conditional Use Permit Case #2001-0406 Sepiku Opportunities RE: 506/508 N.E. 40th Avenue Columbia Heights, Mn. 4. StaffReports. 5. Adjourn. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Case: 2001-0406 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE APRIL 3, 2001 PUBLIC HEARING Case #: 2001-0406 Comprehensive Plan: GENERAL INFORMATION Owner: Sepiku Opportunities, LLC Address: 3853 Central Avenue NE Columbia Heights, MN 55421 Phone: (612) 325-1161 Parcel Address: 508 40th Avenue NE Zoning: RB, Retail Business C - Commercial Surrounding Zoning and Land Uses: Zoning North: RB South: RB East: RB West: RB Applicant: same Land Use North: Commercial South: Multi-Family Residential East: Commercial West: Commercial BACKGROUND Explanation of Request: This is a request for a Conditional Use Permit to allow an upstairs dwelling unit in the second story of the building at 508 40th Avenue NE. The unit is currently occupied and has been for a few months. The applicant bought the property last year and converted the upstairs into an apartment without first obtaining the necessary Zoning approvals. The Fire Department inspected the rental unit recently but did not issue the rental license because of the need for the conditional use permit. Case History: Case 9909-39 was a request by Merit Siding for a Conditional Use Permit to construct a 40 by 48 foot (1920 square feet) accessory pole structure on the property to be used for storage of miscellaneous parts, equipment, and vehicles, which was approved by the City Council. The Case: 2001-0406 Page: 2 structure was partially constructed but was never fully completed. ANALYSIS Surrounding ProperS_: The surrounding property in all four directions is zoned RB, Retail Business. Land use on the north, east, and west is commercial, and the property to the south is a nonconforming multi- family residential building. Technical Review: According to Section 9.113(2)(b) of the Zoning Ordinance, a Conditional Use Permit is required for dwelling units in the Retail Business District if the units do not occupy the first floor. The applicant is not proposing any physical changes to the site, or exterior structural changes to the building. However, staff has investigated the site and has the following concerns: 1. The property has incomplete fencing in front of the pole barn facing 40th Avenue. This needs to be fixed. 2. Both porches on ground level on the back side of the building have no railings in place. These are safety issues that need to be addressed immediately. 3. Back porch on ground level needs to provide a clear exit to the parking surface. A second stairwell with a clear exit has to be installed. The current stairwell is blocked by a cellar access door. 4. Siding and window trimming shall be completely finished. 5. Pole structure adjacent to commercial structure is in an unfinished state. The Building Official has requested that the unfinished pole structure either be completed or torn down within 60 days. 6. The entire property needs to be cleaned up immediately. There are miscellaneous items, appliances, refuse, etc. behind the structure that are unsightly in appearance. Any improvements are subject to review and approval by the Zoning Official, Building Official, and the Fire Department. Section 9.113(2) of the Zoning Ordinance allows dwelling units in the Retail Business zoning district as a Conditional Use Permit provided that: · The units do not occupy the first floor; and, · A roof intended for usable space shall be enclosed by a wall or fence not less than five feet in height. The applicant currently has tenants occupying the second story living space in the building and the roof is not accessible from the rental unit. The proposal meets the two conditions established in the Zoning Ordinance. The apartment currently contains two bedrooms, one bathroom, a utility room, a kitchen and deck, all on the second floor. The total living space is roughly 1,221 square feet. Minimum yard and density requirements in the RB District are as follows: · Every lot shall have a minimum frontage of 40 feet - the existing property has roughly 50 Case: 2001-0406 Page: 3 feet of frontage along 40th Avenue which meets this requirement; · Front Yard shall be 15 feet - existing building is roughly two feet off the front property line which does not meet this requirement; · The floor area ratio shall not exceed 1.0 - the subject property has a floor area ratio of approximately .8 which meets this requirement; · A building which is not served by an alley shall have one 10 foot side yard - the existing building meets this requirement as the east half of the lot is vacant of any structure; and, · No building shall be erected within 10 feet of any alley - there is no rear alley. The existing building does not meet the from yard setback requirement of the Zoning Ordinance. However, considering that it was constructed in 1915 prior to the adoption of zoning regulations, it is considered legally nonconforming and can continue to be utilized without variances. Parking requirements for a dwelling unit requires 2 parking spaces, of which these have been provided directly behind the building. The parking layout shows 2 legal spaces at 9 X 20 and will need to be striped and maintained. A bumper curb and separation from the building will need to be provided. One issue that needs to be addressed is the driveway which runs along the south side of the subject property. This driveway is a separate platted lot and ownership of the property is undetermined. It is staff's impression that the lot was platted as a driveway which was intended to be used by the adjacent properties. The other area that is in question is the area used for ingress and egress fi'om Summit Street to this property and which is also used to access the adjacent apartment complex. This area is not hard-surfaced at all, and is currently a muddy mess. This issue should be addressed in relation to future development of this site. Compliance with Ci_ty Comprehensive Plan: The City Comprehensive Plan designates this area for Community Center Mixed-Use Development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. This rental unit proposal should not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing building, so the proposal is consistent with the City Comprehensive Plan. Utilizing the second story of the building as a dwelling unit does not impact the goals and objectives of the existing Comprehensive Plan. The redevelopment strategy identified in the new Comprehensive Plan is to unify the area through the creation of pedestrian scale mixed-use development. The intent is also to provide a setting for medium-density to high-density residential development, a service-oriented commercial/retail theme and a centralized neighborhood location. This proposal is consistent with that philosophy. Also, the Minnesota Design Team had recommended that the City encourage apartments over retail as an ongoing activity. This proposal is consistent with that recommendation. Case: 2001-0406 Page: 4 Summa~_ : The positive aspects of this proposal are as follows: 1. The proposal for upstairs rental is consistent with the intent of the City Comprehensive Plan. The negative aspects of this proposal are as follows: 1. The existing rental unit is currently unlicensed. The appearance of the rental property itself is fairly nice. However, the pole structure on site is currently unsightly in appearance as it is in an unfinished state. Refuse, miscellaneous items, appliances, etc. are visible inside pole barn and also spread around the back of the lot. 2. There are current building code violations that also need to be corrected immediately. CONCLUSION Staff Recommendation: Staff recommends approval of the Conditional Use Permit to allow a dwelling unit on the second floor of the building at 508 40th Avenue NE, as the applicant has met the conditions asked for from the Zoning Ordinance, subject to the conditions listed in the recommended motion. However, there are many outstanding conditions on this property which if not fulfilled, could be additional cause for concern. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow a dwelling unit on the second floor of the building at 508 40th Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections shall be met and in full compliance. 2. At no time shall any space directly associated with the dwelling unit occupy the first floor of the building. This shall include, but not be limited to, kitchens, restrooms, and bedrooms. 3. The two off-street parking spaces provided shall be striped and signed in a manner that is consistent with applicable regulations and shall be provided with bumper curbing. Any future commercial use in the lower floor space shall also provide additional legal striped parking to meet the requirements for future use of the building. 4. The fence in the front of the property facing 40th Avenue shall be repaired. 5. Railings shall be installed on the two back porch landings to meet building code. 6. Second stairwell on back porch shall be installed for a clear exit to parking lot. 7. Siding and window trim on the entire building shall be finished. 8. Entire property shall be cleaned up and properly maintained on a regular basis. 9. Pole structure on property shall be either completed or shall be torn down within 60 days as determined by City Building Official. 10. Large hole in paved parking area shall be filled in. Case: 2001-0406 Page: 5 Alternative Motion: Move to recommend City Council denial of the Conditional Use Permit to allow a dwelling unit on the second floor of the building at 508 40th Avenue NE, as the prior conditional use issued for the property to construct the pole barn has not been substantially fulfilled within a year as required by the ordinance; the existing property is in disrepair, thus impacting neighboring properties; and the existing rental unit is currently unlicensed. Attachments: · Completed application form; Area Map; Floor Plans; Site Plan; Narrative; Survey; and Public Notice CITY OF COLUMBIA HEIGHTS Applica~ion For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other '. Application Date: Case No** Fee** Receipt No** Date Paid 1. Street Address of Subject Property,~~, 2. Legal Description of Subject 3. Applicant: 4. Owner: Phone: Name:~'~&~q. Address** Phone: Descr£ptionof£equest: .7~_ ~k~)~ ~'~' ¢O~J~ /~~ ~'~ . _ I/ Zoning: Applicable City Ordinance Number Present Zonin~ ~-~" I 5~- ~Y Section Proposed Zoning Proposed Use ~~ t Reason for Re_quest** -'~ ~{14 I/ o of the State of Hinnesota. . .j, Signature of Applicant: ;'r'~ , /r[- , ' · Acknowledgment and Si~ature: The undersi~ed hereby represents upon all of the penalties of law, for the pu~ose of ~duc~g the City of Columbia HeiSts to take the action herein requested, that all statements here~ are true and that all work herein mentioned viii be done in accordance with the Ordnances of the City of Columbia Heishts LL~ ~ff Taken By: (612) 325-1161 SEPIKU OPPORTUNITIES, LLC 3853 CENTRAL AVE. N.E. COLUMBIA HEIOHTS, MN 55421 March 16, 2001 Tim Johr~,n City of Columbia HeightS 590 40a~ Ave, N.E. Columbia Heights, MN 5542 Re: Conditional Use Permit for 508 40'~ Ave. N.E., Columbia Heights, MN Dear Mr. Johnson: · FAX (7~.3) 781-9035 Thank you for your assistance in applying for the Conditional Use Permit fo~ the above hentioned ~o. pe~. Pursuant to our me~_'ng on March 14, 2001, Sepiku Qpponuniiies, LLC, e owner otme property, is requesting a CUP for the upper unit at 508 40'" Ave. N.E., Columbia Heights, which is ranted out as a residential unit. It is my ~tanding t~ai subsequent to the inspection of the property by the Fire Department and after appro~ng the property for occupancy, the Fire Department determined that a CUP was necessary s/ncc it was their understanding that the property had not been previously rented as a residential premises. Accordingly, Sepiku, is requesting a CUP and the following documents have been provided for your review; 1. A completed Conditional Use Permit Application 2. check for $120.00 3. interior ~hematic of the unit which shows the layout of ali ofthe rooms ih the unit 4. an exterior site plan drawn to scale v~hich indieate~ the two parking spac~ designated for the residential unit. As you know, there is plenty of parking behind Ge building. Lastly, you should be aware that the unit is currently rented to tenants who to,ok occupancy only after approval by the Fire Department. Again, thank you for your asisistance and diligence in this process, lfadditional information is requested, please give me a call at 612-325- 1161. : Sinc/ely,/ / .. 2'4 47'8  '~- .~ m 0 ..' ~o ,~ i ... ~ .ID ~'5.0 3? ;/ ~ ooo'= FROM : MBJ D~-LOPMENTCKRP$ PHOI~ NO. : 6128728B4B P02 10' _,m "15'8 .... 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