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HomeMy WebLinkAboutJune 6, 2000 MEMBERS Tom Ramsdell, Chair CITY OF COLUMBIA HEIGHTS Stephan Johnson 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Daniel Shattuck PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES June 6, 2000 The June 6, 2000 Planning and Zoning Commission meeting was called to order by at 7:00 p.m. by Commissioner Yehle. Members present were Shattuck, Yehle and Hanson. Commissioners Ramsdell and Johnson were not present. Also present were Kathryn Pepin (Secretary to the Planning and Zoning Commission), Ken Anderson {Community Development Director/Acting City Planner), and Jim Hoeft (City Attorney). MOTION by Shattuck, seconded by Hanson, to approve the minutes from the meeting of May 2 and May 9, 2000 as presented in writing. Voice Vote: All Ayes. Motion passed. NEW BUSINESS Public Hearing Conditional Use Permit Case//2000-0612 Michael Salem Re: 4923 Central Ave. Columbia Heights, Mn. Mr. Anderson presented the request of Mr. Salem for a Conditional Use Permit to open a deli/grill restaurant in the vacant tenant space at 4923 Central Avenue N.E. The deli/grill will be called Cairo Grill. He added that they are proposing 36 seats for dining. The original applicant and contractor was Abuzant-Houston Construction. Mr. Anderson stated that this has changed to Amro Amro Contracting adding that this operation is affiliated with the Jerusalem Market at 4945 Central Avenue and is within the same strip mall. According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103{63). Mr. Anderson informed the Commission that the applicant is not proposing any physical changes to the site, or exterior structural changes to the building. However, there will be kitchen equipment, sinks, shelving, refrigerator, exhaust hood, display case and counters installed inside the building. They also plan to modify the double door entry and construct a unisex bathroom that will be accessible to the disabled. A seating area will be included with nine tables of four chairs each for total seating for 36 persons. He added that these improvements are subject to review and approval by the Building Official, Fire Department, and Anoka County Health Department. Mr. Anderson informed the Commission that Minimum Yard and Density Requirements would be as follows: THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPOrtUNITY EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 2 · Lot Width shall be at least 50 feet. The subject parcel is 135 feet wide. · Lot Area shall be at least 6,000 square feet. The subject parcel is 33,075 square feet. Front Yard Setback shall be 15 feet. The existing structure meets this requirement. There shall be at least one 10 foot side yard, the other side yard can be zero feet. The existing building meets this requirement. Rear Yard Setback shall be 30 feet. The existing building setback is 15 feet which is a legal, nonconforming use. The floor area ratio shall not exceed 1.0. The property has a floor area ratio of approximately .03§ which meets this requirement. Need minimum frontage of 40 feet. The subject parcel has 241 feet of frontage along Central Avenue. Mr. Anderson informed the Commission that the parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there are 36 seats in the restaurant which requires 12 parking spaces. The site plan indicates that there are 38 parking spaces on-site, two of which are handicap-accessible. He noted that the existing parking lot meets the parking demand experienced by the current tenants. Mr. Anderson stated that the minimum requirements of the Zoning Ordinance cannot be determined based upon the information provided by the applicant for the floor plan layout of the site. Mr. Anderson stated that Staff will require, as a condition of approval, that a revised floor plan for the building be provided prior to the issuance of a building permit. Mr. Anderson informed the Commission that solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. An additional screening requirement is that when any business is adjacent to a residential use, that business shall provide screening along the boundary of the residential property. Screening can be accomplished by a privacy fence that is not less than 50% opaque, or it can be accomplished by providing plantings along the residential property. Mr. Anderson stated that Staff will recommend as a condition of approval that screening comply with the ordinance requirements. Mr. Anderson indicated that Staff has not yet seen any information pertaining to signage proposed for this site noting that the current buildin9 does not comply with the signage section of the City Code as there is no address for the Jerusalem Market on the building. Staff will recommend as a condition of approval that the address and other signs comply with the City Code. Mr. Anderson informed the Commission that the City Comprehensive Plan designates this area for future PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 3 commercial 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. It was his opinion that the proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing, vacant tenant space in the building, therefore, the proposal is consistent with the City Comprehensive Plan. Council Representative Szurek was present to bring to the Commission's attention that she has met with residents who live in the areas behind the proposed restaurant and the Jerusalem Market regarding the noise emanating from one of the rooftop units on the Jerusalem Market tenant space. She stated that it was very loud and had the Police Department perform a decibal rating test. She felt it should be repaired as it was very loud and could be heard for quite a distance. Commissioner Yehle opened the public hearing. Todd Hanson of 4918 Tyler Street was present to voice his concern regarding the loud compressor as he lives directly behind the strip center. He stated that he is also in the restaurant business and in his leases, the tenant provides the maintenance on such items. He also was concerned about the amount of parking that a viable business will generate in addition to that of the Heights Bakery and the other tenants in the mall. It was his opinion that the Commission look very closely at the number of parking spaces as the other tenants are entitled to parking for their businesses. He stated that the 50th and Central intersection is a dangerous intersection with the frontage road located there and that this business will add to the congestion if it is successful. He also addressed the construction noise coming from the building because the rear door is left open when jackhammering is being done. He was concerned that the rear door will be left open once the restaurant is opened and they will have to listen to dishes being rattled. It was his opinion that the tenant had no consideration for the residential neighborhood. Attorney Hoeft stated that the noise issues were code issues and not appropriate to this case. He added that they should be addressed by staff. Darrell Weiser of 4920 Tyler Street was present to also voice concerns regarding the noisy compressor on top of the mall. Joann Molan of 4924 Tyler Street was present to also express her concerns with the noise. Commissioner Hanson stated that the tenant was responsible for the repairs as he has worked on a some of the units for other tenants in the same mall and they were the ones who hired and paid his business. He also asked if any screening of the rooftop units would be provided. Commissioner Yehle closed the public hearing. Commissioner Shattuck felt that an accurate site plan reflecting the parking plan for the site should be submitted prior to the City Council meeting. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 4 Motion by Shattuck, seconded by Hanson, to recommend to the City Council the approval of the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue N.E, subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance; 2. The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance; 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; 4. A revised floor plan of the building showing tenant spaces by size and uses shall be provided to calculate parking requirements prior to the City Council meeting of June 12, 2000; and 5. Hours of operation shall be confined to the period from 10:00 a.m. to 1:00 a.m. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JUNE 12, 2000 CITY COUNCIL MEETING. Bo Public Hearing Conditional Use Permit Case #2000-0613 Luis Alberto Rojas-Ledesma RE: 3800 Central Ave. N.E. Columbia Heights, Mn. Mr. Anderson presented the request of the applicant for a Conditional Use Permit to open a restaurant in the vacant building formerly occupied by Bridgeman's and then Amira's Restaurant at 3800 Central Avenue N.E. adding that there are no physical changes being proposed to the site. Mr. Anderson directed the Commission's attention to a letter from the property owner approving of the request for the Conditional Use Permit for his tenant. The surrounding property to the north, south, and east is zoned RB, Retail Business while the property to the west is zoned R-3, Multi-Family Residential. The property to the east and north is used commercially and the property to the south is a non-conforming residential use. The property to the west is also used residentially. Mr. Anderson stated that according to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 5 Mr. Anderson stated that the Minimum Yard and Density Requirements are as follows: Lot Width shall be at least 50 feet. The subject parcel meets this requirement; · Lot Area shall be at least 6,000 square feet. The subject parcel is over 16,000 square feet; Front Yard Setback shall be 15 feet. The existing structure does not meet this requirement; · There is no side yard setback requirement; Rear Yard Setback shall be 20 feet. The existing building meets this requirement; The floor area ratio shall not exceed 1.0. The property has a total square footage of 3,635 square feet, so the property has a floor area ratio of approximately .2 which exceeds this requirement; Need minimum frontage of 40 feet. The subject parcel exceeds this requirement. Mr. Anderson informed the Commission that the existing building is legally non-conforming as it does not meet the 15 foot front yard setback requirement. Provided the building is not vacant for a period of six months or more, the building can continue to be used without a variance. He noted that the location of the building became non- conforming when the area was rezoned from CBD, Central Business District, to RB, Retail Business, earlier in 1998. The site plan found in the property record files indicates that there are 33 spaces on the site. He noted that this plan does not accurately reflect the parking layout on the site. He added that he was unable to locate a plan showing the actual layout of the site, and one was not submitted with the application. The applicant has indicated that there are 35 sites marked on the lot. The attached site plan was modified by the former City Planner for the Amira's application after visiting the site. He stated that parking for a restaurant requires at least one (1) space for each three (3) seats based on capacity design or, where there is no design layout, one (1) space for each thirty-five (35) square feet of gross floor area. The applicant has provided a design layout showing 98 seats which would require 33 spaces. Based on the one space per 35 square feet of floor area used for the public, approximately 37 spaces are required. Mr. Anderson stated that this requirement has been lessened as a result of the seating design. One (1) handicap accessible space is required for every 25 regular spaces. As a result, two handicap spaces are required, one of which shall be van accessible. He added that this space will need to be clearly marked and signed as will an eight (8) foot wide access aisle between the two spaces. Mr. Anderson stated that the existing parking layout has 90 degree parking and vehicles can enter and exit utilizing either access point. The parking lot meets the minimum number of parking spaces required. Existing ingress/egress routes will continue to be utilized. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 6 Loading requirements are as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and, for retail sales and service stores, at least one berth for each building having 2,500 to 6,000 square feet. Mr. Anderson stated that he was not able to determine the location of loading and unloading on the site. He stated that all open off-street parking areas shall provide a bumper curb of §-7 inches high around the perimeter of the parking area and a curb of no less than five (§) feet from a building that has parking around it. The parking lot is surrounded by a combination of constant perimeter curb and individual bumper curbs which meets the Ordinance requirement. Solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. Currently, dumpsters are located off the southwest corner of the building and they are not enclosed. Mr. Anderson stated that Staff will recommend as a condition of approval that an approved enclosure be provided or enclosed dumpster are utilized. Where any business is adjacent to a residential use, that business shall provide screening along the boundary of the residential property. Mr. Anderson stated that screening can be accomplished by providing plantings along the residential property. Currently, there is a privacy fence along the property lines abutting a residential use/district. However, there have been issues in the past regarding the condition of this fence. The site plan does not indicate any areas for snow storage. The Zoning Ordinance does not contain specific size or area requirements for snow storage. It was Mr. Anderson's opinion that it does not appear there is much room on the site for snow storage. Mr. Anderson informed the Commission that because of the lack of information on loading and unloading and the fact that the parking lot will need to be modified slightly, staff will recommend, as a condition of approval, that the applicant work with an architect or engineer and submit a site plan illustrating the actual layout of the parking lot, taking into consideration the necessary changes. This plan should provide information on the following: layout of parking lot, access points, van accessible parking spaces, provisions for loading/unloading, dumpster enclosure, and snow storage. Mr. Anderson stated that the applicant must also demonstrate that he is a U.S. citizen or legally authorized to reside in the country prior to issuance of the Conditional Use Permit. He added that signage will be changed within the outside boundaries of the existing freestanding sign which complies with the ordinance requirements. A temporary sign permit has been submitted for the grand opening if the Conditional Use Permit is approved. Mr. Anderson informed the Commission that the City Comprehensive Plan designates this area for future commercial 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. In addition, the Plan promotes the rehabilitation of existing development land in the City. It was Mr. Anderson's opinion that the proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing building, therefore, the proposal is consistent with the City Comprehensive Plan. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 7 Mr. Luis Caire was present to hear the outcome of the proposal. He stated that he is an interpreter for the Spanish- speaking community in Minneapolis and assists with zoning issues. It was asked if the requirement that the applicant provide documentation proving his right to be in this country was appropriate. Attorney Hoeft responded that it is apparant that the applicant has no functional ability to communicate which prompts the question of residency. He stated that it is appropriate for the City to ask that residency be established and what the documentation means. Council Representative Szurek asked that the applicant be required to clean around the exterior of the building and eliminate the weeds and debri at the rear of the lot and alono the fence line. Commissioner Hanson felt that it was not the function of the Building Official to police weeds and debri. It was his opinion that the applicant should obtain information on what is required to operate a business in the city and provide adequate and appropriate documentation for the operation. He felt it was not the place of the Planning and Zoning Commission to educate business operators of ordinances and regulations. Commissioner Shattuck amended condition #4 of the proposed motion to read "the screening fence shall be maintained in a safe and functional condition, all debri and weeds removed from the site and the area maintained". Motion by Shattuck, seconded by Yehle, to recommend to the City Council the approval of the Conditional Use Permit to allow the operation of a restaurant in the Retail Business Zoning District at 3800 Central Avenue, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 4. The screening fence shall be maintained in a safe and functional condition, all debri and weeds removed from site and the area maintained. 5. A site plan drawn to scale shall be submitted for review and approval by staff. This site plan shall provide at a minimum, the following information: layout of parking lot, access points, one van accessible and one other handicapped accessible parking space, provisions for loading/unloading, dumpster enclosure, and, snow storage. §. One van accessible and one other handicap parking space shall be provided as near as possible to the main entrance to the building. This space and access aisle shall be clearly marked and signed. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 8 7. The applicant will verify and provide evidence of legal authorization to reside and work within the U.S. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR JUNE 12, 2000. Public Hearing Conditional Use Permit Case #2000-0614 St. Matthew's Lutheran Church RE: 4101 Washington St. N.E. Columbia Heights, Mn. 55421 Mr. Anderson presented the request of the applicant for a Conditional Use Permit to open a Christian-based, child daycare for 20 -30 children ages infant to pre-school in a 1,352 square foot space in the lower level of the church facility at 4101 Washington St. N.E. An outside play area is also required to be fenced for use by the children. The facility is proposed to meet the current shortage of daycare facilities in this area and provide a service to the community. Mr. Anderson informed the Commission that the surrounding property to the north, south, east and west is zoned R-2, One and Two Family Residential District and is used residentially. He noted that the church owns other property adjacent to this site for additional parking. He further explained that according to Section 9.108(4) of the Columbia Heights Zoning Ordinance, a Conditional Use Permit is required for a "Day nursery, provided not less than 75 square feet of outside play space per pupil is provided and said space is fenced." The Minimum Yard requirements are listed below: No structural building shall exceed three stories or 35 feet which ever is the lesser in height. The CUP request does not impact this provision. A side yard abutting on a street shall not be less than 10 feet in width. All of this property is addressed on Washington Street, but, by definition of front yard, abuts 41" Avenue. The closest point of the building to 41't Avenue is 5.3 feet. Lot width. The lot width shall be 60 feet. Subject parcel lot width is 129.2 feet which greatly exceeds this requirement. The front yard shall be 25 feet. The subject parcel does not meet this requirement in the front yard at 5.3 feet. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 9 Mr. Anderson informed the Commission that the Zoning Ordinance requires that the Day Nursery provide not less than 75 square feet of outside play space per pupil and that said space must be fenced. With 20 students the required open space must be 1500 sq. feet. If the child population increases to 30, the required outside play space would be 2250 sq. feet. The church council president has verbally indicated that sufficient space is available in grassed areas onsite to provide the required outdoor play space. As a condition of approval, Mr. Anderson stated that Staff will request a site plan drawn to scale showing the proposed outdoor play space. The Zoning Ordinance does not specifically address parking requirements for a day care, so parking requirements for the most similar use need to be applied which appears to be an elementary school. An elementary school requires at least one parking space for each classroom, plus one additional space for each 300 student capacity. There will be a total of one (1) classroom, and two offices and the facility will hold approximately 20-30 kids, therefore, a total of four (4) parking spaces are required. Mr. Anderson stated that much of the traffic generated by this facility will be parents driving in and parking temporarily to drop off and pick up their children. Because of this, staff will recommend as a condition of approval that the site plan be amended to accommodate space next to the sidewalk along the building on 41't Avenue for temporary parking drop off and pick up. It appears that there is enough room for two, possibly three, spaces. These spaces shall be clearly marked and identified as temporary parking for child drop off and pick up. Staff further suggests that this recommendation be considered and approved by the Traffic Commission prior to approval of the CUP by the City Council. Mr. Anderson stated that the following provides a breakdown of the projected clientele and the proposed floor plan. As mentioned above, the 1,352 square foot area will be designed to accommodate a future total of 20-30 children. There will be one room for a total of 20-30 infants and preschoolers. Two rooms will be available for the Director and other staff. Handicapped accessibility is available from the existing elevator. Mr. Anderson informed the Commission that, according to the Southern Anoka County Consortium, Anoka County has a shortage of available day care. This site combined with the New Horizon facility in the Columbia Heights Mall will help meet this need. He added that a letter was received on June 1, 2000 in opposition to this request due to noise. Mr. Anderson stated that the City Comprehensive Plan designates this area for future Iow density residential. One of the goals of the Land Use and Redevelopment component of the Plan states "Protect and enhance the residential neighborhoods of the Community (Page 27)." The Plan does not specifically address day care in any goals and objectives, but service businesses are encouraged. The addition of a day care center in any part of Columbia Heights will provide a valuable service to the area. However, the traffic, noise, recreation and other aspects must be considered in a neighborhood setting. The proposal is consistent with the City Comprehensive Plan. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 10 Mr. Les Lingren, President of the congregation, was present and stated that there would be approximately 20-21 children of which four will be infants. He added that the orassy area along Washinoton Street will be used for play area. He indicated that the Ioadin9 zone is already marked and accommodates three vehicles. Commissioner Yehle opened the public hearing. He closed the public hearino as no one was present to speak regarding this case. Motion by Hanson, seconded by Shattuck, to recommend City Council approval of the Conditional Use Permit to allow the operation of St. Matthew's Lutheran Church Child Care at 4101 Washington Street, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 3. An outdoor play space not less than 2,250 sq. feet shall be provided and fenced, and issuance of the CUP will require a revised site plan showing the same. 4. The traffic parking pattern shall be on 41't Avenue and be clearly marked and sioned subject to review and approval of Traffic Commission 5. The site plan shall be amended to provide temporary parking spaces for the drop off and pick up of children. These spaces shall be clearly marked and identified. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JUNE 12, 2000 CITY COUNCIL AGENDA. Public Hearing Site Plan/Variance Case #2000-0615 Dairy Queen RE: 3959 Central Ave. N.E. Columbia Heights, Mn. Mr. Anderson presented the request of the applicant for a sign variance and site plan review of decorative screening and a canopy extending from the Dairy Oueen building south to the property line and around the exterior mechanical equipment. The applicant is currently in the process of upgrading the former Dairy Oueen site by modernizing and upgrading the property both functionally and aesthetically. The variance is requested to allow a rooftop and a projecting sign for historic renovation purposes. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 11 Mr. Anderson informed the Commission that the surrounding property on the north, south, east and west is zoned CBD, Central Business District and is used for commercial purposes. The property to the east is used for institutional purposes as a church. He stated that Section 9.117A (4)(h) of the Sign Section of the Zoning Ordinance prohibits any roof sign. The same section of the Sign Ordinance further states as follows: (i) A projecting sign which extends more than eighteen (18) inches" from the building or structure to which it is attached, other than canopy or marquee signs, or which is larger than three feet {3')in vertical height" are also prohibited. The applicant is proposing to install a roof sign of approximately 59.9 square feet. The sign will be projecting nine feet from the building facade and is estimated to extend 5.5 feet into the Central Avenue right of way. The sign will be a minimum of 9.5 feet above grade and a maximum of 19 feet above grade. Including wall signs showing DQ posters, the total proposed signage will be 134.15 square feet. The maximum area amount of signage allowed under the Sign Ordinance as stated in Section 9.117A (9)(c)(i)in the Central Business District "Total sign area shall not exceed two (2) square feet for each building or structure." Mr. Anderson informed the Commission that this building is approximately 19.2 feet long fronting on Central Avenue N.E. Therefore, the total wall signage allowed is 38.4 square feet. The total proposed signage on-site exceeds the maximum allowed by 95.75 square feet. Mr. Anderson added that the ordinance further restricts signs and prohibits these projecting signs which extend more than 18 inches from the building to which it is attached. The proposed roof sign extends approximately 9 feet from the building facade. Therefore, due to the significant amount of variance requested, Mr. Anderson stated that staff is recommending the Planning and Zoning Commission deny the signs as they are specifically prohibited by the Zoning Ordinance. He referred to the memorandum from the applicant dated May 18, 2000 which explains the rational for trying to create an excellent example of "new Dairy Queen interior and exterior image design elements with the historically accurate representation of Dairy Queen." Regarding the site plan, this proposal includes the construction of a pergola and canopy which would extend between the Dairy Oueen south to and over the property line shared with the Heights Theater. Mr. Anderson stated that it is important to know that, at the current time, both properties share the same ownership. The survey dimensions of the Dairy Oueen site are 39.65 feet of frontage on Central Avenue by 128 feet deep. The proposed pergola and canopy appear to be extending over the Dairy Oueen parking lot by approximately 1.5 feet. Mr. Anderson added that Staff is recommending the canopy and pergola be reduced in size to insure all portions of both structures remain on the property of the Dairy Oueen building. The area between both buildings is proposed to be used for outdoor seating and will offer a combination of shaded areas and areas open to the sun in a aesthetically pleasing, pedestrian orientated environment. The pergola appears to be located approximately one foot from the property line of Central Avenue N.E. The proposed structure is to be 7 feet 4 inches with 2 two by sixes placed on top. The pergola could be interpreted to be a fence which is defined as "any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure of a permanent nature" in Section 6.401 (2) of the Zoning Ordinance. Those over six and one half feet require a special fence permit to be approved by the Planning and Zoning Commission and City Council. Another interpretation could be to consider the pergola and canopy as separate accessory structures and as such, the fence restrictions would not apply. As such, Mr. Anderson stated PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 12 that it must be located at least one foot from the property line and must be attached to the existing building or cannot be located within six feet of the principal structure. The third option is to consider the pergola as a "decorative land feature" which is a permitted accessory use in the CBD District. It is the Zoning Administrator's opinion the pergola and adjacent canopy both qualify for decorative land features for the Dairy Queen facility provided they are located entirely within the confines of the same parcel. Mr. Anderson reminded the Commission that in recommending a variance, it shall be found by reasons of narrowness, shallowness, or shape of the lot or whereby reason of location or water conditions the owner of such lot would have an undue hardship in using his lot in the manner customary and legally permissible within the rules of the Zoning District. Mr. Anderson informed the Commission that the Dairy Queen building is approximately 722 square feet., calculating required parking at one space for each 35 square feet of gross floor area. As a result, he stated that the Dairy Queen property is required to maintain approximately 20 parking spaces. A lot to the east of the existing building has space for approximately 20 parking spaces. The City Comprehensive Plan designated this area for future commercial 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. In addition, the plan promotes redevelopment of existing land in the City. It was Mr. Anderson's opinion that the proposal would not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing restaurant facility adding that the proposal is consistent with the City Comprehensive Plan. However, Mr. Anderson felt approval of this request would establish an undesirable precedent for roof signs and projecting signs extending beyond 18 inches from the building or structure to which it is attached and recommended denial of the request. Attorney Hoeft stated that Mr. Anderson was correct in his direction to the Planning and Zoning Commission to deny the variance request due to the nature of the request, the size of the request, and the complete prohibition of the protruding sign adding that it would be incumbent upon the Planning and Zoning Commission to either recommend denial of the variance or send it on to the City Council with no recommendation as historic renovation and preservation are not addressed in the current Zoning Ordinance. However, it would be his recommendation to the City Council that they do have the authority to approve such a variance based upon the historical renovation and preservation of the building. It may be setting a precedent, but it was his opinion that the precedent would not be great as there may not be too many buildings where historic preservation and renovation could be utilized. He stated that this is the type of unique situation that a variance is designed to accommodate. Commissioner Shattuck stated that it was his opinion that a hardship did exist and the variance is warranted to due to the historic preservation and renovation of the building in order to keep the signage within the historic design for the era. He took the opportunity to compliment the owners of the Dairy Queen and Heights Theater for the work they have done at both sites. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 13 Mr. Anderson stated that a separate motion addressing the site plan additions of the pergola and canopy would be necessary. Without a survey of the site, it was his estimate that the pergola and canopy extend approximately 1.5 feet over the south property line and both would be required to be minimized so as not to encroach onto the property of the Heights Theater unless the two properties could be combined into one property. Dave Holmgren addressed the situation stating that because the way his financing is structured he cannot combine the two properties. The reason for the canopy was to block out some of the hot afternoon sun for his patrons in that area. He stated that he was willing to do what was necessary to allow the project to go forward without any delay. Discussion was held regarding possible solutions to the encroachment situation in form of an easement or otherwise. Motion by Shattuck, seconded by Yehle to recommend to the City Council the approval of the variance request to allow a projecting rooftop sion at the Dairy Queen in the CBD, Central Business District at 3959 Central Avenue N.E. as a hardship has been established with regard to the historic preservation of the building. Voice Vote: All Ayes. Motion carried. Motion by Yehle, seconded by Shattuck, to approve the site plan with the stipulation that any feature of the Heights Theater not encroach onto the Dairy Queen lot and any feature of the Dairy Queen not encroach onto the Heights Theater lot. Voice Vote: All Ayes. Motion carried. **THESE ITEMS TO APPEAR ON THE CITY COUNCIL AGENDA OF JUNE 12, 2000. Public Hearing Site Plan/Variance Case//2000-0616 Heights Theater RE: 3951 Central Avenue N.E. Columbia Heights, Mn. Mr. Anderson presented the request for a variance and site plan approval to permit a projecting sign and roof sign at the Heights Theater at 3951 Central Avenue N.E. The applicant is proposing to install a projecting sign which is 3 feet 4 inches wide by approximately 16 feet 2 inches tall and affixed to the front facade of the Heights Theater building. The property has been operated as a theater for an extended period of time. He added that the surrounding property on the north, south, and west is zoned CBD, Central Business District and is used commercially while property to the east is an institutional church and there is a non-conforming single family structure to the west of the subject parcel. Mr. Anderson reminded the Commission that according to Section 9.105 (3) of the Zoning Ordinance," In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or whereby PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 14 reason of exceptional topography, soil conditions, tree number or location of water conditions, the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district". He added that the Zoning Ordinance specifically states the prohibited signs as stated in Section 9.117A (4) (H) include any roof sign. Subsection (i) states "A projecting sign which extends more than 18 inches from the buildin9 or structure to which it is attached, other than canopy or marquee signs, or which is larger than three feet (3 ft) vertical height" are prohibited. Section 9.117A (9)(c)(i) of the Sign Ordinance for the Central Business Oistrict states "total sign area shall not exceed two (2) square feet for each front foot of building or structure. In addition, subsection (c)(ii) states "the maximum height of a sign, including its structures shall not exceed twenty (20) feet above the grade". The sign mounting detail has not been included with the plans that have been submitted to staff. However, because the signs exceed the ordinance maximum heioht of twenty feet by 13.§ feet, Mr. Anderson stated that staff is recommending denial of the projecting facade and roof sign. In addition, staff has not been able to determine the precise location of the property line relative to the building front. However, he added that staff estimates that the property line is approximately five feet of the building facade. Therefore, the sign will clearly extend more than 18 inches from the building or structure to which it is attached and it exceeds the maximum of three feet in vertical height by 13 feet 2 inches. As a result of these significant encroachments, Mr. Anderson stated that staff is recommendino denial as a hardship based on the specified criteria has not been established. The applicant has also requested to construct a canopy which would extend from the front facade of the building over the sidewalk. This canopy would be approximately 2 feet 3 inches high and extend 8 feet from the front of the building. A letter will be provided to the Commission at the meeting indicating to what extent the canopy violates the Uniform Building Code (UBC) and/or Zoning Ordinance requirements. Mr. Anderson stated that the City Comprehensive Plan designates this area for future commercial development. One goal of the land use and redevelopment plan is to improve the commercial viability of the Central Avenue corridor while protecting the nearby residential neighborhoods. In addition the plan promotes the rehabilitation of existing development in the City. He stated that the proposal will not negatively impact any nearby residential areas and will provide an appropriate aesthetic improvement to the commercial use, therefore it was his opinion that the proposal would be consistent with the City Comprehensive Plan. He added that there are also several general areas within the community image action plan that merit some comment. Two steps to improve the community image include an action step to 1) improve the imaoe and identity of downtown; and 2) develop an sense of identity which distinguishes Columbia Heights from adjacent communities. In addition, it is stated to be important to improve the appearance of Central Avenue. It was Mr. Anderson's opinion that the proposed improvements to the Heights Theater will promote each of those action steps by improving the overall image and aesthetic qualities of the subject parcel adding that, although not mentioned in the Comprehensive Plan, the focus on historic renovation makes the effort additionally important and attractive to improving the community image. Commissioner Yehle opened the public hearing. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 1§ Dave Holmgren, co-owner of the Heights Theater, was present and stated that the Heights Theater has "become a destination point for people from all over the metropolitan area and is bringing a lot of people into the city. We need to create other destinations for these people, this is just an anchor point for what is to come in the next few years." He believes that downtown Columbia Heights is "making a turn" as all spaces are full. He added that the signage and appearance of his buildings will only enhance Central Avenue. The public hearing was closed as no one else was present to address this case. Motion by Yehle, seconded by Shattuck, to approve the site plan. Voice Vote: All Ayes. Motion carried. Motion by Shattuck, seconded by Hanson, to recommend to the City Council the approval of the variance to allow a 16 foot 2 inch by 2 foot 5 inch projecting sign based upon a hardship with regard to historic preservation of the building. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JUNE 12, 2000 CITY COUNCIL AGENDA. Staff reports: A. Mr. Anderson informed the Commission that on May 18, 2000 the Telecommunications Commission reveiwed the Telecommunications Towers/Antennae section of the draft Zoning Ordinance to provide comments to the Planning and Zoning Commission and City Council. He directed the Commission's attention to the minutes from that meeting stating their recommendations. The Telecommunications Commission recommended that a professional consultant conduct an analysis to insure the zoning regulations comply with applicable Federal and Public Utilities Commission (PUC) requirements and have requested that the Commission consider their recommendation and send it on to the City Council at the meeting of June 12, 2000. Attorney Hoeft stated that this would be in compliance with statutory requirements. Motion by Yehle, seconded by Shattuck, to request staff to authorize legal counsel currently under contract with the City to review and amend the Telecommunication Towers/Antennae Section of the draft Zoning Ordinance to provide guidance for regulating existing and proposed towers, antennae, dishes, etc. in compliance with all state and federal regulations and that all related expenses be re-imbursed from proper funds. Voice Vote: All Ayes. Motion carried. Motion by Yehle, seconded by Hanson, to recommend the City Council extend the moratorium on commercial installation of towers, antennae, and dishes for 60 days from July 1 O, 2000 through and including September 7, 2000. Voice Vote: All Ayes. Motion carried. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 1§ B. Mr. Anderson informed the Commissioners that it would be necessary to change the date of the July meeting because July 4, 2000 was the first Tuesday of the month. Discussion was held regarding a date when the most Commissioners could be present. Motion by Yehle, seconded by Hanson, to schedule the July Planning and Zoning Commission meeting on Tuesday, July 11, 2000. Voice Vote: All Ayes. Motion carried. Motion by Hanson, seconded by Yehle, to adjourn the meeting at 9:10 p.m. Voice Vote: All Ayes. Motion carried. Respectfully submitted, Kathryn Pepin Secretary to the Planning and Zoning Commission kp