Loading...
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- MINUTES April 3, 2001 MEMBERS Tom RamsdelL Chak Donna Schmitt Ted Yehle Stephan Johnson Tammera Ericson The April 3, 2001 Planning and Zoning Commission meeting was called to order at 7:05 p.m. by Chairperson Ramsdell. Members present were Schmitt, Ericson, Johnson, Yehle, and Ramsdell. Also present were Jim Hoeft (City Attorney), Kathryn Pepin (Secretary to the Planning and Zoning Commission), and Tim Johnson (City Planner). Motion by Yehle, seconded by Ericson, to approve the minutes from the meeting of March 6, 2001 as presented in writing. Voice Vote: Ali Ayes. Motion passed. NEW BUSINESS: Public Hearing Conditional Use Permit Case//2001-0406 Sepiku Opportunites, LLC Ken Hertz RE: 508 N.E. 40th Avenue Tim Johnson, City Planner, presented the request of Ken Hertz and Sepiku Opportunities, LLC for a Conditional Use Permit to allow the second floor to be used as a residential dwelling unit. He stated that Mr. Hertz purchased the building in 2000 and converted the second floor into an apartment and has rented it for a few months without first obtaining the required zoning approvals and City rental license. He added that the Fire Department has inspected the unit but has not issued the license because of the outstanding required zoning issues. Mr. Johnson cited Section 9.113(2)(b) of the Zoning Ordinance which requires a Conditional Use Permit for dwelling units in the Retail Business District provided the units do not occupy the first floor of the commercial space and a roof intended for usable space shall be enclosed by a wall or fence not less than five feet in height. He stated that 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 livino space is roughly 1,221 square feet. He informed the Commission that in September of 1999 a request for a Conditional Use Permit and site plan were approved on behalf of Merit Siding for the construction of a 40'x48' accessory building on the site to be used for storage of miscellaneous parts, equipment and construction vehicles. Due to the death of the owner and dissolution of Merit Siding, the property was sold by the bank and the building never completed. Planner Johnson stated that, at this time, the applicant is not proposing any physical changes to the site or any exterior structural changes to the building. However, any improvements are subject to review and approval by the Zoning Official, Building Official and the Fire Department. He further stated that Staff has visited the site and has the following concerns: 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 APRIL 3, 2001 PAGE 2 4. 5. 6. The property has incomplete fencing in front of the pole barn facing 40th Avenue. This needs to be fixed. 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. 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. Siding and window trimmino shall be completely finished. 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. The entire property needs to be cleaned up immediately. There are miscellaneous items, appliances, refuse, etc. behind the structure that are unsightly in appearance. He added that any improvements are subject to review and approval by the Zoning Official, Building Official, and the Fire Department. Planner Johnson stated that the minimum yard and density requirements in the Retail Business District are as follows: Every lot shall have a minimum frontage of 40 feet. The existing property has rouohly 50 feet of frontage along 40t~ Avenue which meets this requirement. Front Yard shall be 15 feet. The existino building is rouohly 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. No building shall be erected within 10 feet of any alley. There is no rear alley. He informed the Commission that the existing building does not meet the front yard setback requirement of the Zoning Ordinance. However, considering that it was constructed in 1915 prior to the adoption of zoning reoulations, it would be considered legally nonconforming and could continue to be utilized without variances. He added that the parking requirements for a dwelling unit requires two (2) parking spaces, which have been provided directly behind the building. The parking layout shows two legal spaces measuring 9 X 20 in size and will be required to be striped and maintained. A bumper curb and separation from the building will be required. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES APRIL 3, 2001 PAGE 3 Planner Johnson stated that the one issue that needs to be addressed is the driveway that 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 from Summit Street to this property 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. Chairperson Ramsdell opened the public hearing. He asked the representative of Sepiku Opportunities why the second floor of this building was rented without the required City license and approvals. Marshall Jackson, representing Sepiku Opportunities, LLC., was present to state the building was purchased on a foreclosure in January 2001 and that they were told by Northeast State Bank that the second floor unit was a legal rental unit. He added that due to weather conditions, the exterior items had not been completed and wanted "to calm the fears of the City" and assured the Commission that he would do everything possible to complete the minor violations as soon as possible stating "it's not as if the building is a hazard". Chairperson Ramsdell disagreed citing the unsafe condition of the uncompleted pole building, the decks on the rear of 508 and the debri. He added that Mr. Jackson should be aware of the City requirements and stated that the tenants currently living in the unit are in violation. Ramsdell stated that he is not one to put tenants out on the street and would not do that, but they are in violation of City laws and felt that timeframes should be implemented on the completion of the items listed. Commissioner Steve Johnson asked Mr. Jackson if he owns other rental property. Mr. Jackson replied that he was involved in the 500 N.E. 40th Avenue project and Conditional Use Permit but that second floor rental unit was already in existence. Mr. Jackson apologized asking the Commission to allow him thirty days to hire a contractor to get permits and complete the work on the pole building and in the rental unit. Chairperson Ramsdell asked Matt Field, representing the Housing Maintenance Division of the Fire Department, for an outline of the contact between the applicants and the Fire Department. Inspector Field stated that on January 25, 2001 an initial inspection was conducted upon request of the applicants for an inspection of the second floor for use as a rental unit and some minor violations were noted. At that time, there had not been any receipt of an application for license or license fee paid. He added that it is the policy of the Fire Department Housing Inspectors to not indicate whether approval will be granted. On January 30, 2001 compliance letters were sent to the owners. On February 9, 2001, the Fire Department was informed by the Zoning and Building Officials that the property had not been approved for the use of the second floor as a rental unit nor had any permits been obtained for any alterations or changes to residential use from the previous commercial use. On February 9, 2001 a letter was sent to the applicant by the Fire Department advising them that there would be no approvals granted until approval is obtained through the Zoning and Building Departments of the City and if the issue was not resolved in thirty days they would be cited for operating an unlicensed rental property. On approximately February 1§, 2001 PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES APRIL 3, 2001 PAGE 4 a license application and fee were received from Ken Hertz but was not processed due to the lack of City approvals. On February 23, 2001, a complaint was received from a tenant in the second floor unit regarding lack of hot water, etc. with that person stating that they had been living there a while. On March 2, 2001, a follow-up inspection of the previously noted violations was conducted by Inspector Gorman at which time additional violations were noted. He added that the required license has still not been issued nor has any verbal approval been given to use the space as a residential rental unit. He informed the Commission that the unit had been licensed prior to 1996 as a rental unit but not since then. Chairperson Ramsdell expressed his disappointment in the business practices of the applicant in respect to city requirements and the outstanding code items, exterior condition of the building site and debri as the applicant, Mr. Hertz, owns other properties in the City and should know the process that is necessary for operating a rental property. He also expressed his dismay that alterations had been made to the second floor without the required permits and inspections and directed Mr. Jackson to obtain contractors to complete the work advise his contractors to secure the required permits as soon as possible. Mr. Jackson assured the Commission that he would have the handrails and other code items repaired and find a contractor to finish everything and bring the site to code within thirty days. Chairperson Ramsdell asked the City Attorney where the City stood regarding the existing tenants. Attorney Hoeft stated that the Commission should look at the situation and use it to get the property owner to bring the property to code and complete the outstanding items. In this case, he stated that he could appreciate Mr. Jackson's comments, however, he stated that "it was clear that it was easier to ask for forgiveness than to ask permission". He felt it "disingenuous" that Mr. Jackson plead ignorance to the issue as Attorney Hoeft is aware that Mr. Jackson's partner, Mr. Hertz, has extensive involvement in rental properties in other cities and knows what must be done to operate rental properties. He suggested the Commission use this opportunity to gain compliance especially if Mr. Jackson and Mr. Hertz want to keep their tenants in the rental unit and continue collecting monthly rent. The recommendation to the City Council for approval should include the completion of the items as listed in the Staff report with a definite time frame attached to "trigger" review at the end of the allotted time frame and, if not completed, issue citations to all involved parties. Chairperson Ramsdell specifically addressed the status of the pole building to Staff and that the timeline also be 30 days to complete. Planner Johnson indicated that it was 60% finished but the process started over two year ago and asked the Commission of it wouldn't be in the best interest of the City to remove it from the site or allow it to be completed. Ramsdell asked Mr. Jackson what their intentions were for use of the building. Mr. Jackson stated that they were trying to decide if the building would be advantageous to the use of the 500 N.E. 40tb Avenue property as they were intending on applying for a wine license for an Italian restaurant and might need the building to provide the required parking. Otherwise, the building would be used for storage as it is well built and would be a shame to tear PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES APRIL 3, 2001 PAGE § it down. He added that they would abide by the decision of this Commission regarding the fate of the pole buildino. Commissioner Yehle asked Mr. Jackson what the building at 508 had to do with the parcel at 500 - 40tb Avenue as they were separate parcels. Planner Johnson explained that Mr. Jackson and Mr. Hertz were both involved in the ownership of the two parcels and were attempting to put together plans for a restaurant with beer and wine at the 500 property but would need the added room at 508 to accommodate the required off-street parking in conjunction with the wine license. Mr. Jackson stated that they are waiting for drawings from their architect who is designino a parking area to accommodate the proposed new restaurant for the 500 property. Ramsdell asked if the 500 Club was currently open. Mr. Jackson replied that it was closed as it's current configuration did not work and was closed for renovation. It was Commissioner Schmitt's opinion that it would be to Mr. Jackson's benefit to remove the pole building from the property. Commissioner Steve Johnson asked Mr. Jackson if anyone directed them to contact the City prior to purchase to check for City requirements and added further that the purchase agreement they would have signed states that it is the responsibility of the purchaser to check for applicable city requirements for proposed use. He stated that purchasing the property under a foreclosure as they did lead him to believe that they bought the property for a bargain, but that does not eliminate any responsibility and referred to the City Attorney. It was Johnson's opinion that by owning other properties in the City, the applicants should have known to check with the City for requirements prior to doing anything. Attorney Hoeft stated that the process is called "due diligence" which means contacting the governmental entity to see if there are any code violations, the current status of the property regarding zoning and what regulations would be relevant pertaining to the proposed use of the property. Mr. Jackson stated that he honestly believed that after the Fire Department inspected the unit he could go ahead and rent it adding that if he could have avoided getting into this awkward position, he certainly would have done thinos differently. If he would have followed the rules, he felt the Commission would have "a lot more faith and respect" for him. Commissioner Yehle asked Chairperson Ramsdell if the item could be tabled until all the outstanding items are completed. Ramsdell stated that tabling the item would bring the decision too close to the 60 day State Statute deadline. It was Ramsdell's opinion that the item should be denied until such time all the items are completed as he would be reluctant to approve a Conditional Use Permit even with the conditions attached addino that if the items PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES APRIL 3, 2001 PAGE 6 are not completed in thirty days, then further action would be taken that would result in the tenants having to relocate until such time the unit is a legally licensed rental unit. Mr. Jackson asked the Commission if they would prefer the pole building to be torn down. The Commissioner's collectively agreed. Commissioner Johnson stated that "when you are buying a distressed property, in his business, it is the #1 rule that the buyer contact the governmental entity to find out the particulars of the site. He stated that his business would not want to incur the liability and have the sale come back". Mr. Jackson stated that he understands that Mr. Hertz has a history with the City of Columbia Heights, "but I am not Mr. Hertz". He asked the Commission "to respectfully give me a chance as I made an honest mistake". Commissioner Ericson was concerned with the tenants as victims in this matter. She further stated that it was clear to her that Mr. Hertz was the applicant for the Conditional Use Permit request but should have relayed appropriate information to his partner. Council Liaison Szurek was present and stated that it was unfortunate that Mr. Jackson partnered with Mr. Hertz as Mr. Hertz does have a history with the City, and not a good history. She felt that Mr. Hertz should have made his partners aware of City procedures and rules. Commissioner Ramsdell stated that he was torn between two options to resolve this case. Rather than deny the request totally and put the tenants out, he felt the better option would be to approve the request and attach conditions including an eleventh condition stating that if all conditions are not in compliance within thirty days from date of formal approval, the Conditional Use Permit will be revoked. The Commissioners concurred. Motion by Ramsdell, seconded by Yehle, to recommend to the City Council the approval of the Conditional Use Permit to allow a dwelling unit on the second floor of the building at §08 40t" 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. 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. 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. PLANNIN lNG AND ZONING COMMISSION REGULAR MEETING - MINUTES APRIL 3, 2001 PAGE 7 5. 6. 7. 8. 9. 10. 11. The fence in the front of the property facing 40th Avenue shall be repaired. Railings shall be installed on the two back porch landings to meet building code. Second stairwell on back porch shall be installed for a clear exit to parking lot. Siding and window trim on the entire building shall be finished. Entire property shall be cleaned up and properly maintained on a regular basis. Pole structure on property shall be torn down within 30 days. Large hole in paved parking area shall be filled in. If all above items are not in compliance at the end of thirty days from the date of final approval, this conditional use permit will be revoked. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE APRIL 9, 2001 CITY COUNCIL AGENDA. Motion by Yehle, seconded by Johnson, to adjourn the meeting at 8:30 p.m. Voice Vote: All Ayes. Motion passed. bmitted, ~ Kathry'n ~ Secretary to the Planning and Zoning Commission kp