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HomeMy WebLinkAboutMarch 4, 2003PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MARCH 4, 2003 7:00 PM The meeting was called to order at 7:00 pm by Chairperson, Tom Ramsdell. Roll Call: Commission Members present-Yehle, Schmitt, Baker, Peterson, and Ramsdell. The Commission welcomed new Commission Member Phillip Baker. Also present were Tim Johnson (City Planner), Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). Motion by Yehle, second by Schmitt, to approve the minutes from the meeting of February 4, 2003. All ayes. MOTION PASSED. PUBLIC HEARINGS Case 2003-0304 Ace Hardware (Frattalone's) 2261 37th Avenue NE Conditional Use Permit Frattallone's Ace Hardware is requesting a Conditional Use Permit to allow for the placement of a tent measuring 21 x 48 feet for the display and sale of green and flowering plants from April 15 through July 15, 2003. The display is to be located on the southeast side of the parking lot at 2261 37th Ave NE. Approximately seven (7) parking spaces will be used for tent sales in the parking lot of the Ace Hardware store. The subject parcel is zoned GB, General Business as are the properties to the south, east, and west. The zoning to the north of the subject parcel is zoned R-3, Multiple Family Residential, and is used for multi-family residential purposes. The area east across McKinley Street is zoned both GB, General Business, and LB, Limited Business, and is used commemially. Property south of the subject parcel within Columbia Heights is used as open space by the Lion's Club and is zoned GB, General Business. The proposed use will continue to be consistent with the character of the surrounding property and will continue to provide quality seasonal plants for area residents. The principal uses of the subject parcel are pre-existing and comply with zoning regulations. Existing parking exceeds zoning requirements, and the property will still meet minimum parking requirements after the placement of the tent over seven parking spaces. The operation should not have any effect on vehicular access for the site, as the adjacent parking lot aisle will not be blocked in any way. According to Section 9.607 1)e of the Zoning Ordinance, temporary uses and structures are allowed as a Conditional Use. The proposal is consistent with zoning regulations. Planner Johnson reported that the Fire Department has reviewed the proposal and has no concerns regarding it. PLANNING & ZONING COMMISSION MINUTES PAGE 2 MARCH 4, 2003 The proposal is consistent with the Columbia Heights Zoning Ordinance and Comprehensive Plan. Similar type uses have operated successfully for each of the past ten years on a seasonal basis. Therefore, staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the display of the tent on the site to ensure removal at the end of the approved time period. Yehle asked whether there have ever been any complaints about this structure in the past. Staff reported that to their knowledge, there have never been any concerns expressed over this type of seasonal display. Peterson felt these types of cases which are reviewed annually, should be able to be handled administratively by staff and not have to come to the Commission each year for approval. Planner Johnson will speak to the City Attorney to see if it would require a change in our Zoning Ordinance, or if there are any other options available to have staff approve these requests. He will report back to the Commission in April. Motion by Yehle, seconded by Peterson, to recommend City Council approval of the Conditional Use Permit to allow the placement of a 21 x 48foot tent for the display and sale of green and flowering plants from April 15, through July 15, 2003, for Ace Hardware at 2261 37th Avenue NE subject to the following condition: A $500 deposit shall be submitted to the License/Permit Clerk prior to display of green and flowering plants on the lot. All Ayes. MOTION PASSED. Case 2003-0305 City of Columbia Heights California Street NE Partial Vacation, Ordinance//1453 This is a request fi.om the City of Columbia Heights to vacate a portion of California Street right-of-way adjacent to the property at 3929 Califomia Street NE. A section of California Street NE, measuring 293 feet by 15 feet was vacated in the 1970's adjacent to the industrial parcel at 3905 California Street NE, and is currently used as off-street parking. The surrounding property to the south, west, and east is zoned industrial. The property to the north is the City of Fridley. Planner Johnson explained that in anticipation of future site plan review for a new industrial building to be built at 3929 California Street NE, the City has proposed to vacate a portion of California Street NE The vacation of 30 feet by 217.6 feet (6,528 square feet) is necessary in order to allow for a future building on the site to be placed farther to the west, so as to provide a reasonable setback fi.om the adjacent alley and residential properties to the east. Assuming vacation of the 30 foot section of right-of- way, the proposed new building site would be approximately 47,180 square feet. The proposed vacation is described as: The easterly 30feet of the north 217. 6feet of California Street NE, found within the recorded plat of Columbia Heights Annex, Anoka County, Minnesota, abutting lots 25-30, Block 73; and lying north of 39th Avenue and lying northerly of the existing cul-de-sac on California Street NE. PLANNING & ZONING COMMISSION MINUTES PAGE 3 MARCH 4, 2003 The City of Columbia Heights has been working with Glenn Stauffacher, the potential new owner of the property to design a site plan that will meet City requirements and blend in consistently with the area. The site plan should be ready for review by the Planning Commission in April 2003. However, a vacation of right-of-way requires a Public Heating by the Planning Commission, two readings of the Ordinance by the City Council, and is not official until 30 days after the date of the second reading. The vacation would coincide with the other portion that was previously vacated, and will not affect the existing cul-de-sac, which will remain. The City will require a permanent street and utility easement be established so as to allow for continued maintenance of the streets and for utilities purposes. Staff has spoken about the vacation issue with Public Works Director Kevin Hansen, who has recommended maintaining a ten-foot easement around a portion of the existing cul-de-sac and platted right-of-way. Planner Johnson stated tiffs piece of property being vacated would be sold to Mr. Stauffacher along with the adjoining site and is needed to allow the new building to fit on the site and meet setbacks. The piece being considered for vacation is currently used as open, green space. It will remain as green space as it will be in the setback area of the new development. Planner Johnson also explained that if the entire street were vacated, ½ would go to Burlington Northern. By vacating just ½, we retain the other lA of the street for access, maintenance, and snow removal. The 2001 City Comprehensive Plan designates the adjacent property for future industrial use. The proposed vacation of this portion of California Street NE will help to create a consistent and more functional industrial property for future development. The City has not received any objections to this vacation fi:om affected property owners. No private rights will be injured or endangered as a result of the vacation, and the public will not suffer loss or inconvenience as a result of the vacation. Therefore, staffrecommends approval to vacate a portion of California Street described in Ordinance #1453. Motion by Ramsdell, seconded by Baker, to recommend City Council approval of Ordinance #1453. All ayes. MOTION PASSED. NEW BUSINESS None. MISCELLANEOUS No further items. Baker asked about whether plans were being considered for the 40th and Tyler St area. Planner Johnson said there has been some talk about re-developing the block with new residential units, but that it is not City initiated. Developers have looked at the parcels, but no formal plans have been submitted to date. PLANNING & ZONING COMMISSION MINUTES PAGE 4 MARCH 4, 2003 Motion by Yehle, seconded by Schmitt, to adjourn the meeting at 7.'25 pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary