Loading...
HomeMy WebLinkAboutSeptember 4, 2001PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING SEPTEMBER 4, 2001 7:00 PM The meeting was called to order at 7:00 pm by Chairperson Ramsdell. Roll Call: Commission Members present-Ramsdell, Ericson, Schmitt, and Yehle. Commission Member Johnson was absent. Also present were Tim Johnson (City Planner) and Shelley Hanson (Secretary). Motion by Yehle, seconded by Ericson, to approve the minutes from the meeting of August 7, 2001, with the following correction: Page 2, paragraph 2, should read (46th Ave and 4th St.). All ayes. MOTION PASSED. PUBLIC HEARINGS A. Rezoning Case #: 2001-0915 37~h & Johnson Hair Salon, Dave's Heating & AC 1529 and 1601 37~ Avenue NE .'lanner Johnson explained the applicants have applied for the rezoning of property at 1529 and 1601 37th Avenue NE from R-2, Single and Two-Family Residential District, to LB, Limited Business District. There are no prior Planning or Zoning cases on either of these two parcels. However, the history of these two properties are such: The structure at 1529 37th Ave that currently houses the 37th and Johnson Hair Company was built in the 1950's and was initially used as a small grocery store. Since the late 1970's, the structure has been a hair salon. The structure at 1601 37th Ave currently occupied by Dave's Heating & AC and Appliance, was previously used by Commer's Water Softener and as a floral shop, but has been occupied by Dave's since the early 1980's. Both structures have always functioned as commercial businesses, but according to Zoning records, have always been zoned Residential. The property to the north is zoned R-2, and is used residentially. The property to the west of 1529 37~ Ave is zoned R-2 and is used residentially. The property to the east of 1601 37th Ave is zoned as R-2 and is used residentially, The properties to the south are in the City of Miimeapolis. Planner Johnson stated the subject properties are currently zoned R-2, Single and Two-Family Residential, and the uses of the property are commercial. When evaluating a rezoning request it is important to consider how the proposed zoning change fits in with the surrounding area. Although the surrounding area is entirely residential, these two comer properties have always maintained some commercial purpose over the years. But for some reason, the properties were never correctly zoned for commercial purposes. Both businesses are currently considered non-conforming uses. 2LANNING & ZONING COMMMISION MINUTES OF THE MEETING OF SEPTEMBER 4, 2001 PAGE 2 The 374 and Johnson Hair Salon ifrezoned, would be a permitted use in the LB (Limited Business District), as it is considered a professional service and would be an appropriate use in the Limited Business District. Dave's Refrigeration could also be considered a permitted use in the LB District, as the business is also considered a professional service, but is a questionable use in this district because of its intensity. This particular business is a more intensive use than would typically be allowed in the Limited Business District. The business provides service repair on-site and utilizes a number of delivery tracks, which is more than the parcel can handle. The 1601 37th Ave parcel is 26 feet wide, which is almost entirely occupied by the structure, and has no on-site parking for employees, customers, or delivery tracks. This use seems most compatible in the commercial districts on University or Central Avenues. However, the business is considered'grandfathered'. Minimum Yard and Density Requirements of the LB (Limited Business District) are as follows: Minimum Lot Area shall be at least 6,000 square feet - subject parcels do not meet this requirement; However, these are previously platted lots. Minimum Lot Width shall be 40 feet - subject parcel at 1529 37th Avenue meets this requirement with 50 feet of lot width, but 1601 37th Avenue does not meet this requirement with a lot width of 26 feet. However both structures are 'grandfathered' Front Yard Setback shall be 12 feet - both structures were built a number of years ago and both structures are within a few feet of the front property line, but are considered 'grandfathered'. Side yard shall be 15 feet and comer side yard shall be 10 feet; Both structures are approximately a few feet from the comer side yard property line. Required Findings: As indicated in the new Zoning and Development Ordinance, the Planning Commission and the City Council shall make each of the following findings before rezoning property: · The amendment is consistent with the City Comprehensive Plan - The Comprehensive Plan currently designates these parcels for future low-density residential use. However, the City is waiting for the Metropolitan Council to determine if they will recommend for a future land use change from low density residential to commercial. · The amendment is in the public interest and is not solely for the benefit of a single property owner - The rezoning is being requested from two business owners. The two owners are requesting that they be rezoned so that appropriate future commercial uses in these structures can be considered legal conforming businesses. · Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification - Staff believes that a rezoning to LB (Limited Business) zoning will not adversely effect the neighborhood. The parcels have always been and are currently being used for commercial purposes, and a rezoning to LB would be a practical solution to legitimize the future of these commercial structures. ?LANNING & ZONING COMMISSION MINTUES OF THE MEETING OF SPETEMBER 4, 2001 PAGE 3 The Planning Commission had asked for a list of permitted and conditional uses for the LB District which are listed below. As indicated in the ordinance, the purpose of the LB District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. · Multi-family dwellings are allowed in the LB, but neither of these parcels would be large enough to accommodate high density housing. · Government offices are allowed in the LB, but neither of these parcels would be large enough to accommodate this use. · Public park and/or playgrounds are allowed; This could be an appropriate future use of the 1601 37~h Avenue parcel if the building was ever demolished. · 'Medical, dental, veterinary clinics are allowed. However, neither site could support a large clinic of any kind. · Office space would be ideal for both of these buildings, but the parking would still be an issue for 1601 37t~ Ave. A small office of some sort would seem to be an appropriate reuse for 1529 37~h Avenue. · Professional service or professional studio would also be an ideal reuse for these buildings. Dave's space would be ideal for a studio of some sort because it wouldn't generate the traffic that currently exists. But it would depend upon the type of business and its needs, especially parking. · Retail Sales and a Coffee shop/deli (subject to CUP) would also be an appropriate reuse for the 1529 37~h Avenue location ifrezoned to LB, but these uses would need to be evaluated for parking needs as well. An issue that should be addressed is the off-street parking requirements for these parcels. Obviously both businesses are considered 'grandfathered' even without the zoning change, but future uses will need to be analyzed in relation to intensity and need for off-street parking. The 37th and Johnson Hair Salon parcel has more than the required number of parking spaces for its use. However, Dave's Heating & AC and Appliance has zero (0) off-street parking spaces, and any future use of this space would not have any either unless another site were used or a shared parking arrangement could be made. It is possible that the 1529 property could be used to achieve some off-street parking for the 1601 property. It should also be mentioned that several adjacent residential property owners have contacted staff regarding this issue and have expressed their concerns about this rezoning issue. The neighbors expressed their frustration mostly with Dave's business, including outside storage, and vehicle parking and unloading. Several neighbors were also concerned about any future business opportunities in these structures and their potential impact on the neighborhood. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF SEPTEMBER 4, 2001 PAGE 4 The City Comprehensive Plan designates this area for future low density residential development. However, staff has submitted a simple Comprehensive Plan amendment to the Metropolitan Council addressing this request for future land use change, and should be receiving a response shortly. It should also be noted that these structures have always maintained some form of commercial use so a change in the future use of this land to allow for commercial would seem to be consistent with prior uses. The positive aspects of this proposal are as follows: 1. Rezoning these properties to LB, (Limited Business) will allow for the properties to be sold in the furore for legitimate limited commercial oppommities. 2. Rezoning these properties to LB will allow for the zoning to be consistent with future land uses. The negative aspects of this proposal are as follows: 1. The proposal does not comply with the recently adopted City Comprehensive Plan. ~.2. The issue of spot zoning could be argued, but staff does not believe that the rezoning of these two parcels would necessarily constitute spot zoning. Staffrecommends approval of the rezoning of 1529 and 1601 37t~ Avenue NE, from R-2 (Single and Two- Family Residential) to LB, Limited Business, as the proposal is in the best interests of the public, and these buildings cannot reasonably be put to use under current residential zoning. Commission Member Yehle asked if Dave's was ever tore down, if the site would be large enough for another structure. Planner Johnson stated that it would take a number of variances for this property ever to be useable again. The properties on either side of it could possibly purchase it for extra green space if they chose to do so. Chairperson Ramsdell explained to Mr. Roberts that by re-zoning his property, he would have a slightly better chance of selling it than he does now, when the time comes that he wishes to do so. Mr. Roberts stated he knows he has outgrown the current site and is keeping his eyes open for a possible relocation site. Ms. Neeb told the commission she has taken her property off the market until this situation is resolved. She is hoping that the re-zoning will open up the list of possible buyers for her business site. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF SEPTEMBER 4, 2001 PAGE 5 Georgene Baker from 1621 37~ Avenue questioned what uses would be allowed in LB. Chairperson Ramsdell read the list of allowable uses in this district. Some of the listed businesses would not be suitable due to the size of the lots and lack of parking. Roger Shafsky of 3719 Johnson St passed out pictures he had taken of some of the parking problems, tracks unloading, storage of equipment, etc. that the neighbors have had to contend with caused by Dave's business. At times there have been as many as 13-14 cars parked along the street. This prohibits street sweeping and snow plowing fi.om taking place as it should due to lack of access for the City crews. Kim Trombley of 3716 Johnson St said the neighborhood is mostly concerned with Dave's business and that by re-zoning these two sites that it could intensify the use of Diane's also. Chairperson Ramsdell again explained if the properties are re-zoned, only certain businesses would be allowed and these types of businesses would be more compatible with the neighborhood, and may actually make it easier for them to ~--sell their property to someone else. Helen Olson of 1625 37th Ave asked if a business could force a residential neighbor to sell their house so the business could expand. She was informed this cannot happen. Marge Ubl of 3707 and 3715 Johnson St stated she would like to see the re-zoning go through so they both could move fi.om their present locations. She feels it would benefit the neighborhood to expand the list of potential buyers so more appropriate businesses could locate there. A resident asked if the city could purchase the lot by eminent domain and make a green space out of it. She was told, yes, they could, but that is highly unlikely. Chairperson Ramsdell closed the Public Hearing after everyone had voiced his/her concerns. Motion by Ericson, seconded by Yehle to recommend City Council approve the rezoning of 1529 37th Avenue NE and 1601 37a Avenue NE from R-2, Single and Two-Family Residential District, to LB, Limited Business District, as the rezoning is consistent with the commercial land use, and these buildings cannot reasonably be put to use under current residential zoning. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF SEPTEMBER 4, 2001 PAGE 6 NEW BUSINESS 1. Sale of the Property at 4656 Monroe St NE. The City currently owns a vacant lot at 4656 Monroe St that is to be sold through a public bidding process. The property will be sold for a single family residential home. MN Statute 462.356 requires the Plarming Commission be notified of the intent to purchase or sell land. The new Comprehensive Plan designates this property for low density residential and the proposed sale for development is consistent with this use. Motion by Ramsdell, seconded by Schmitt to support the action of the Columbia Heights City Council to sell the property at 4656 Monroe St NE, provided the future development of this parcel remains consistent with the City Comprehensive Plan. All ayes. MOTION PASSED. STAFF REPORTS 1. The City Council recently discussed the accessory structure issue. They recommended amending the Zoning Ordinance fi:om the present language of: An accessory structure, or any combination of accessory structures, storage sheds, and attached garages, shall not exceed one thousand (1,000) square feet in area; To~ "For single and two-family residential dwellings, no detached garage or detached accessory structure or combination of detached garages or detached accessory structures shall exceed 1,000 square feet. Nor shall any detached accessory garage or accessory structure footprint exceed the footprint of the principal structure (excluding any attached garage area). In addition, no attached garage shall exceed 1,000 square feet, when an attached garage is present, a single detached garage or detached structure is allowed not to exceed 600 square feet with an additional allowance of a maximum of 150 square feet for a storage shed or other accessory structure." There was some discussion regarding this issue. Chairperson Ramsdell felt the square footage on the storage shed should be set at 120 square feet as that is the size most commonly sold or constructed. Commission member Schmitt said that this amendment may help people with very large lots like Mr. Abrahams, but at the same time, becomes more restrictive than our present language for those that have single attached garages. Those residents would be restricted by the new language to a 600 square foot detached structure, compared to a possible detached structure of approximately 720 square feet under the ~-~'nresent language. Commissioner Schmitt felt there are many more residents in this situation than there are .esidents with extra large lots, and it is the commission's job to do what is best for the majority of the community. She felt that the present language of the ordinance, which has been reviewed many times, should remain as is. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF SEPTEMBER 4, 2001 PAGE 7 A recess was called at 8:45 pm. The Commission re-convened at 8:50 pm. Motion by Ramsdell, seconded by Yehle to recommend the City Council leave the Ordinance pertaining to accessory structures as is. All ayes. MOTION PASSED. Chairperson Ramsdell directed Planner Johnson to relay the action taken by the commission to the City Council. He instructed Johnson to inform them it is because of the number of properties that could possibly be affected or restricted with the new language in an attempt to accommodate the one or two residents that have properties with larger than normal square footage. The Commission felt there are many more properties in this City with single attached garages that may wish to have a detached accessory structure, and the commission needs to protect their rights also. They felt the present language was the best for the majority of the situations that may be addressed by residents. Motion by Yehle, seconded by Schmitt to adjourn the meeting at 9:00pm. Respectfully submitted, Shelley Hanson Secretary