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HomeMy WebLinkAboutMarch 10, 2004CITY 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. cohonbia-heights.mn, us M£MB£R$ Ted Yehle, Chair Donna Schrnitt Gary Peterson Phillip Baker Marlaine Szurek PLANNING AND ZONING COMMISSION MEETING 7:00 P.M. WEDNESDAY MARCH 10, 2004 CITY HALL COUNCIL CHAMBERS 590 N.E. 40TM AVENUE 1. Roll Call. 2. Minutes from the Planning and Zoning Commission meetings of January 6, 2004. 3. Public Hearings: · Case # 2004-0302 Conditional Use Permit, Linders Seasonal Mini-Garden Center 4300 Central Avenue NE · Case #2004-0303 Conditional Use Permit, Frattallone's Ace Itardware Seasonal Greenhouse 2261 37th Avenue NE 4. New Business: · None 5. Miscellaneous: · Zoning Bulletin 6. Adjourn 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 MINUTES OF THE REGULAR MEETING JANUARY 6, 2004 7:00 PM The meeting was called to order at 7:00 pm by Chairperson, Ted Yehle. Roll Call: Commission members present- PetersOn, Schmitt, Baker, and Yehle. Commission members absent- Szurek Also present were Tim Johnson (City Planner), Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). Motion by Baker, second by Schmitt, to approve the minutes from October 28, 2003, as submitted. All ayes. MOTION PASSED. Motion by Baker, second by Schmitt, to approve the minutes from November 4, 2003, as submitted. All ayes. MOTION PASSED. Yehle questioned why the City Council accepted the minutes from these two meetings at their meeting of November 10, 2003, when they hadn't been approved yet by the Commission. Council member Ericson stated that the minutes are stamped "Not Yet Approved" and are submitted as Informational Items only. Secretary Hanson further explained that the City Council usually takes formal action on items that have gone before the Commission within a week'or two, and the Council needs the information and recommendations provided in the minutes to make their decision. She concurred that they are provided as an informational tool to the Council and that they are accepted, not approved by the Council. Yehle was satisfied with the explanation. PUBLIC HEARINGS CASE #: DATE: TO: APPLICANT: LOCATION: 2004-0101 December 30, 2003 Columbia Heights Planning Commission Osborne Builders Parkside Village 2"d Addition (51=t Avenue) REQUEST: Minor Subdivision - Plat Adjustment This is a request from Osborne Builders for Minor Subdivision approval for Parkside Village Townhomes. Osborne is proposing to reduce the overall number of units in the development from 25 to 22, mal~e lot line adjustments to the original plat, and adjust the building footprints accordingly. PLANNING & ZONING COMMISSION MINUTES JANUARY 6, 2004 PAGE 2 The site was platted as Parkside Village by Nedegaard Homes and approved by the City in July 2002. The first building site of 6 units facing 51st Avenue was constructed and finished in 2003. Osborne Builders has purchased the remaining three building sites from Nedegaard Custom Homes and will assume the developer role for build-out of this project. Nedegaard Custom Homes has decided to focus on other priority projects, such as Grand Central Lofts (Kmart) and Ramsey Town Center. Osborne Builders have proposed to change the current platted footprints for each building site, slightly modify the floor plans, and drop one unit from each remaining building site. The first six-unit building facing 51st Avenue was previously constructed, and will not change. The existing infrastructure and bituminous surface including visitor parking for the site was also previously constructed and will function 'as is'. The formerly approved building footprints will be adjusted slightly to accommodate a modified floor plan that is better suited to current housing market demand. With the sale of the three remaining sites a motion must be made to approve the Minor Subdivision by Resolution 2004-01. Plannina Considerations: Comprehensive Plan: The 2001 City Comprehensive Plan designates the property for high-density residential use, which is proposed for this site. Zoning Ordinance: The Zoning Classification for the property is R-3 (Multi-Family). The proposed use will not change and meets the zoning classification. Highway District Design Guidelines: The site is not in the Design Guidelines area, and as such this requirement is not applicable. Site Plan Requirements: The proposed minor subdivision does not significantly impact the former site plans. There will be some very slight modifications in roof lines, topography, but the former approved elevations will not change. The overall site plan is modified slightly by the proposed minor subdivision. The only substantive and recognizable change is the reduction of 3 total units from the original approvals. The access, parking areas, easement areas, walkway around the perimeter of the development, and the trail connection to Sullivan Lake Trail are not impacted by this proposal. Site Plan review is not required for this proposal as the changes are minor in nature. However, the new site plan, elevations, and floor plans have been included for your reference. PLANNING & ZONING COMMISSION MINUTES JANUARY 6, 2004 PAGE 3 Residential building setbacks/lot coverage: · Minimum front yard building setback is 30 feet; The existing building meets this requirement as it is 30 feet from the property line. · Minimum rear yard building setback is 30 feet; The proposed building meets this requirement, as it is 30 feet from this property line. The ordinance does allow for architectural features as encroachments up to 3 feet into the required setback area. · Minimum side yard building setbacks is 20 feet; The proposed buildings meet this requirement, as they are more than 20 feet from either side property lines. · Maximum building lot coverage is 35% of the total site. The totai site area is 2.27 acres (99,138) square feet. The proposed building sites cover approximately 32, 683 square feet or 32. 9% of the site and meet this requirement. Platting: Parkside Village was formerly platted as: · Block 1, Lots 1-5 (This is being replaced by Block 3, Lots 1-4) · Block 2, Lots 1-7 (This is being replaced by Block 2, Lots 1-6) · Block 3, Lots 1-6 (The building was built, this legal will not change) · Block 4, Lots 1-7 (This is being replaced by Block 1, Lots 1-6) Minor Subdivision Required Findings: The Zoning Ordinance requires that certain findings are necessary in order to confirm that the minor subdivision proposed meets the identified standards from the zoning ordinance. These findings are: · The proposed subdivision of land will not result in more than three (3) lots. Although this minor subdivision is made up of 16 land parcels, these 16 parcels are not newly created parcels. They were platted in 2002. There are actually 3 less parcels in the newly proposed minor subdivision. · The proposed subdivision of land does not involve the vacation of existing easements. The existing drainage and utility easements will be maintained for the site. · All lots to be created by the proposed subdivision conform to lot area and width requirements established for the Zoning District in which the property is located; The proposed lots meet all Zoning District standards pertaining to lot requirements. · The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property; Dedication of right-of-way is not required for this project. The current access for the property is not changing. · The property has not previously been divided through the minor subdivision provisions of this ordinance; The property was platted in 2002, and has not since been subdivided or modified. · The proposed subdivision does not hinder the conveyance of land; The proposed subdivision does not affect land conveyance. · The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments; The proposed subdivision does not impact assessments and related records. · The proposed subdivision meets all of the design standards specified in Section 14 (Subdivision Regulations); The minor subdivision proposed meets all required Subdivision Regulations specified in Section 14. PLANNING & ZONING COMMISSION MINUTES JANUARY 6, 2004 PAGE 4 Staff recommends approval of the Minor Subdivision proposal from Osborne Builders to modify the original Parkside Village plat. Yehle questioned whether the trees, shrubs, and general landscaping plan that was originally approved would remain intact. Planner Johnson responded that Mr. Osborne would be required to assume those approved requirements. He also will need to provide the sidewalks, walkways within the subdivision, and connections to the Parkland as was originally approved. He asked whether the Park Dedication fees that were already paid would decrease due to less units in the development. Planner Johnson was not sure whether the City would be obligated to refund any fees since the units would be reduced from 25 to 22. He will confer with the City Attorney on this matter. Baker asked whether Mr. Nedegaard retained the ownership of the existing 6 units and if he is still responsible for the sale of these units. Planner Johnson stated that Nedegaard does still own the first set of six units, and has heard a couple of the units may be sold, but that they have nothing to do with the matter before the Commission tonight. Peterson asked Mr. John Osborne if negotiations on the Park Dedication fees had-taken place as part of the sale. Mr. Osborne stated that nothing had been negotiated between the two parties, but since Mr. Nedegaard had already paid up front for these fees, any refund should be made to him. Schmitt asked if the exterior of the buildings would remain the same as what was previously approved. Mr. Osborne stated that, yes, the exterior items such as roofing, siding, windows, landscaping, and trees would remain the same. Only the floor plan would be changed slightly to make them more marketable. He said that he will construct one building at a time. The east building will be built first, then the west building, and finally the north. Motion by Peterson, second by Baker, to recommend City Council approval of Resolution 2004- 01, a Minor Subdivision for Parkside Village 2~ Addition, as the Minor Subdivision meets required findings, and subject to the following conditions of approval that have been found necessary to ensure compliance with the requirements of the Zoning and Development Ordinance: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall provide required utility and drainage easements for all newly created lots and shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision, except when such fees have been applied to the property as part of a previous subdivision. 4. The applicant shall be responsible for filing the approved subdivision survey with tile Anoka County Recorder's Office. The approved minor subdivision shall become invalid if the subdivision is not filed with the Anoka County Recorder's Office within one (1) year of the date of City Council action. All ayes. MOTION P,4SSED. PLANNING & ZONING COMMISSION MINUTES JANUARY 6, 2004 PAGE 5 NEW BUSINESS Acquisition of NEI property at 825 41st Avenue NE Enclosed in the agenda packets was a memo from Tim Johnson, City Planner regarding the acquisition of the N'E1 property located at 825 41st Avenue NE. This property is in the process of being acquired by the Columbia Heights EDA. State statute requires that the Planning Commission be notified of the intent to purchase land. However, At this time no specific redevelopment plan has been proposed for the site. The EDA intends to acquire this parcel' in anticipation of clearance/demolition of the currently distressed building, for a potential redevelopment opportunity. Minnesota Statute 462.356 requires that if a City has a Comprehensive Plan, it must notify the Planning Commission of the intent to purchase or sell land. The City Comprehensive Plan designates this property for Transit-Oriented Development and the Zoning is R-4, Multi-Family Residential. Future housing or a mixed-use project for this site would be consistent with the City Comprehensive Plan. Schmitt asked if anyone else was interested in the property. Planner Johnson explained that three other parties were possibly interested in the site, however the City wants to get control of the property which is a little more than 5 acres in size, so they could decide how to best utilize the site. Peterson agreed that the City should purchase this property, but he was not anxious to have it demolished right away. He would like some research done to possibly renovate the existing building as it is unique and has some historical beauty that could possibly be preserved. Yehle said he was sure that staff and the council would research all the possibilities and are well aware of the importance of the building. Motion by Peterson, second by $chmitt, to convey to the Columbia Heights City Council that the purchase of the NEI property located at 825 41st Avenue NE by the Columbia Heights EDA. would comply with the City's Comprehensive Plan. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES JANUARY 6, 2004 PAGE 6 MISCELLANEOUS Zoning Bulletin-Enclosed in the agenda packet was the most current edition of the Zoning Bulletin. Planner Johnson stated this was included in the packets for the Commission members to review as it addresses various legal aspects pertaining to zoning issues. Yehle commented on the fact that Columbia Heights has been in the press quite frequently' during the last two months for several issues he feels negatively impact our community. He encouraged citizens to get to know your neighbors, and to watch over one another. He would like to see the residents of our community act responsibly and keep Columbia Heights out of the news. Motion by Peterson, second by Schmitt, to adjourn the meeting at 7:34 pm. All ayes. Motion passed. Respectfully submitted, Shelley Hanson Secretary Case: 2004-0302 Page: 1 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE #: DATE: TO: APPLICANT: LOCATION: REQUEST: 2004-0302 February 20, 2004 Columbia Heights Planning Commission Linder's Greenhouses, Inc. 4300 Central Avenue, Rainbow Parking Lot Conditional Use Permit for seasonal mini-.qarden center Introduction: This is a request from Linder's Greenhouses, Incorporated for approval of a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. The tent will be placed in the easterly portion of the parking lot of Central Valu Mall, 4300 Central Avenue, from April 15, 2004 through July 15, 2004. Section 9.607 1)e of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as previous years with four, six - foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. A narrative from Linder's Corporate Office is attached for your review. This action will be taken by the Planning Commission: · Motion on the Conditional Use Permit Case History: This will be the 15~ year of operations in Columbia Heights at this location for Linder's. Planning considerations: Comprehensive Plan: Case: 2004-0302 Page: 2 The 2001 City Comprehensive Plan designates the property for future commercial use, which promotes commercial service development such as what is proposed. Zoning Ordinance: The Zoning Classification for the property is General Business. Seasonal agricultural sales are allowed by Conditional Use Permit as per Section 9.607 1)e of the Zoning Ordinance Hi_~hway District Desiqn Guidelines The guidelines are not applicable as this is a tempo, rary structure. Parking and Access: The Linder's proposal will impact about 30 parking spaces and a drive aisle. Overall, Linder's will have relatively little impact on the site, as there is currently an abundance of parking .spaces and access is more than sufficient. The Fire Department has reviewed and approved the plans with no concerns. Conditional Use Permit Required Findings: The Zoning Ordinance requires that certain findings are necessary in order to determine if seasonal agricultural sales meet the identified standards from the zoning ordinance. These standards are: · The use is one of the conditional uses listed for the zoning district in which the property is located; Seasonal agricultural sales is a Conditional Use in the GB District. The use is in harmony with the general purpose and intent of the Comprehensive Plan; Seasonal greenhouses provide retailing options for shoppers and are consistent with and complement other commercial activities in the GB District. · The use will not impose hazards or disturbing influences on neighboring properties; The outdoor tent and related business proposed will be p/aced in the easterly portion of the parking lot away from residential properties and should not have any detrimental impact on neighboring properties. · The use will not substantially diminish the use of property in the immediate vicinity; The mini-garden center proposed will not substantially diminishing adjacent uses of property. · The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area; The mini-garden center proposed should not negatively impact the existing character of the vicinity. Linder's has been in operation for 15 years at this location, with the City experiencing no complaints. The operations will be compatible with the surrounding area. · The use and..property upon which the use is located are adequately served by essential public facilities and services; The property is currently served by adequate public roadways and necessary City utilities, Case: 2004-0302 Page: 3 · Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic; The proposed Linder~s mini-garden center should not generate excessive traffic that the existing parking area can't handle. · The use will not cause a negative cumulative effect on other uses in the immediate vicinity; As indicated by prior descriptions, the proposed mini- garden center should not have a negative impact on other uses in the immediate vicinity. · The use complies with all other applicable regulations for the district in which it is located; As determined by staff, the use complies with the applicable regulations of the General Business District. CONCLUSION Recommendation: Staff recommends approval of the proposal and CUP for Linder's Greenhouses Inc., for a mini-garden center at 4300 Central Avenue. Recommended Motion: Move to recommend City Council approval of a Conditional Use Permit for Linder's Greenhouses to allow for a seasonal mini-garden center in the eastedy portion of the Rainbow parking lot at 4300 Central Avenue from April 15 to July 15, 2004, as the proposed use meets all required findings, subject to the following condition: · A $500 deposit shall be submitted to the License/Permit Clerk pdor to installation of the structures on the site. Attachments: Site Plan; Floor Plan; Applicant Narrative; Application Tim Johnson - Tents Page 1 1 From: Gary Gorman To: Tim Johnson Date: 2/27/2004 11:32:37 AM Subject: Tents I have reviewed the proposals for Linder's Greenhouse and Ace Hardware for their temporary membrane structures. I have found both plans to be acceptable. CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION CASE NO.: 7.~3 ~: - ~ APPLICABLE ORDINANCE NO.: 9.408 PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION: DATE RECEIVED: ~ ~3~ DATE OF LETrER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: PROJECT ADDRESS/LOCATION: LEGAL DESCRIPTION Of PROPERTY INVOLVED (attach separate page if necessary): PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: REASON FOR REQUEST (please attach a written narra#ve describing ~ intended uae of the pmparty and justification for your request. Describe any modificati~s and/or limitations of the use that have been made to insure its compatibility with surrounding uses and wi~ the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICANTZ~L~ZO qE~-~n J, ouS~-S ,~"~(-- PH~E E-~L ~ ~oc~ ~ ~ ~/~. ~ PAGER ADDRESS ~7~ {~. ~k~~/~ ~~ Cl~ 5~ ~dC STA~ FEE OWNER OF PROPERTY ADDRESS CiTY 65t- zs FAX CELL ~/~ Yl 7JP 5 5117 PHONE STATE ~ n ZIP .~ 5 I I..~ Page I of 2 ¢) 0 0 ' '~]'N '~]AV //!//I,.,'?/ ///I//I/?/?/III//III/i II//?/I//II/?I?IIIIII? \\\\\\\\\\\\\\\\\\\\\\ TO AND BECOME A PART OF THAT CERTAIN. LEASE AGREEMENT IN THE CENTRAL VAEU MALL SHOPPING CENTER. EXHIBIT A (D 0 Case: 2004-0303 Page: I CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE #: DATE: TO: APPLICANT: LOCATION: REQUEST: 2004-0303 February 20, 2004 Columbia Heights Planning Commission Frattallone's Ace Hardware 2261 37~ Avenue NE, Parking Lot Conditional Use Permit for seasonal aqricultural sales Introduction: This is a request from Frattallone's Ace Hardware for approval of a Conditional Use Permit to allow the operation and placement of a tent for green and flowering plants and retail sales. A 21 X 48 'foot tent will be placed in the southeast part of the parking lot of the property at 2261 37t~ Avenue NE, from April 15, 2004 through July 15, 2004. Section 9.607 1)e of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The attached site plan illustrates the tent location, which will be located directly in front of Ace Hardware. This site plan and configuration remains unchanged from previous years. The greenhouse structure will be the same as previous years with two, six-foot doors remaining open at all times during business hours. There will be at least two fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. A narrative from Frattallone's Ace Hardware is attached for your review. This action will be taken by the Planning Commission: · Motion on the Conditional Use Permit Case History: This will be the 1 l~h year of operations in Columbia Heights at this location for Frattallone's. Planning Considerations: Case: 2004-0303 Page: 2 Comprehensive Plan: The 2001 City Comprehensive Plan designates the property for future commercial use, which promotes commercial service development such as what is proposed. Zoning Ordinance: The Zoning Classification for the property is General Business. Seasonal agricultural sales are allowed by Conditional Use Permit as per Section 9.607 1)e of the Zoning Ordinance Parking and Access: The Frattallone's proposal will impact approximately 7 parking spaces. Overall, the proposed tent will have relatively little impact on the site, as there is currently an abundance of parking spaces and drive aisle access will not be impacted. The Fire Department has reviewed and approved the plans with no concerns. Conditional Use Permit Required Findings: The Zoning Ordinance requires that certain findings are necessary in order to determine if seasonal agricultural sales meet the identified standards from the zoning ordinance. These standards are: · The use is one of the conditional uses listed for the zoning district in which the property is located; Seasonal agricultural sales is a Conditional Use in the GB District. · The use is in harmony with the general purpose and intent of the Comprehensive Plan; Seasonal greenhouses provide retailing options for shoppers and are consistent with and complement other commercial activities in the GB District. · The use will not impose hazards or disturbing influences on neighboring properties; The outdoor tent and related business proposed will be placed in the southeasterly portion of the parking lot away from residential properties and should not have any detrimental impact on neighboring properties. · The use will not substantially diminish the use of property in the immediate vicinity; The greenhouse proposed will not substantially diminishing adjacent uses of property. · The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area; The greenhouse proposed should not negatively impact the existing character of the vicinity. Frattallone's has been in operation for 10 years at this location, with the City experiencing no complaints. The operations will be compatible with the surrounding area. · The use and property upon which the use is located are adequately served by essential public facilities and services; The property is currently served by adequate public roadways and necessary City utilities. Case: 2004-0303 Page: 3 · Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic; The proposed Frattallone's greenhouse should not generate excessive traffic that the existing parking area can't handle. · The use will not cause a negative cumulative effect on other uses in the immediate vicinity; As indicated by prior descriptions, the proposed greenhouse should not have a negative impact on other uses in the immediate vicinity. · The use complies with all other applicable, regulations for the district in which it is located; As determined by staff, the use complies with the applicable regulations of the General Business District. CONCLUSION Recommendation: Staff recommends approval of the proposal and CUP for Frattallone's Ace Hardware, for a seasonal greenhouse at 2261 37 Avenue NE. Recommended Motion: Move to recommend City Council approval of a Conditional Use Permit for Frattallone's Ace Hardware to allow for a seasonal greenhouse in the southeasterly portion of the parking lot at 2261 37t~ Avenue NE from April 15 to July 15, 2004, as the proposed use meets all required findings, subject to the following condition: · A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structure on the site. Attachments: Site Plan; Applicant Narrative; Application February 10, 2004 Attn.: Tim lohnson City of Columbia Heights Community Development Department $90 - 40~a Avenue NE Columbia Heights, MN ~5421-3878 Fax #: (76B) 706-3671 Re: Conditional Use Permit Dear Mr.. Johnson, We are planning to display a flower tent for the purpose of selling green and flowering plants. The tent will be 2'1'x,~8' in size. We will have it installed on April 15a and removed by Jul)' 15'h. It will be placed in the southeast comer of the parking lot. Dan Terzich Store Manager Frartallone's Hardware Stores, Inc. CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION To be filled out by City: CASE NO.: ~o~--0 APPLICABLE ORDINANCE NO.: 9.408 PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION: DATE RECEIVED: ~'~-,~ (Ii "z'~"~dF' DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: PROPOSED NAME OF DEVELOPMENT: PROJECT ADDRESS/LOCATION: To be filled out by Applicant: .. LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): PRESENT USE OF PROPERTY: '-~ p..~..~ ,j ~. L~T- REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and justification for your request. Descrfbe any modifications and/or limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Com~an.).~.. E-MAIL ADDRESS FEE OWNER ADDRESS PAGER CELL # STATE J/~ A.). ZIP ~-'~ PHONE ~ ~-~7 F~ STATE ~ ~, ZIP Page 1 of 2 0 0 NEWSPRING PLANT MERCH. The GARDEN MART is designed :o be a low cast, movataie sales builcling for ac~oe~ spnn~ C:ea~ galy on encls to plant saJes. It can be quic~ty set up in any retail parking lot.The GARDEN MART offers ' snow your ~ar~ a~ protec~on for your 'quality' plants and shop~ing comfort for your customers. ~eir 3est. They will l=uy more on t~ose cold, wet spdng clays.Frame se~ uo ~,~. ~a~le sca~ Uooer taenc~ SUgla~rts 13mviOe a~3(3~onal (aislal~y calaa~'t~, a~ ~ ;'::" No mea,-"unng, na ~'uesswerk. $igr~ tines. Check Our "'-,-EASE.MART' Finance Pian No Payments in Off Season!! N~V ;or '94 as an ternative '.~ ,=eLY-VENT. The SLJDE.$iDE venale- ~icn sys;em o.ce,"a~es manuaJly anct re~Tuire$ no ele~,~ Ins;aJIs snd run.ons much like any sliding door. For minimum venala~cn simply ;aus~ pane!$ open ~ Iiffie. Far a Icl of ar ,,'novement =usa open ~ ~e way. If maximum ventilation is (aesire,'j. ~e panels can b'e comoletely removed as sl~own a~aove. Jus= lift an(~ pull out. G.~.'-,CEN ,?.ART s~c':..n w~,, ,=C U.~.VENT C~csec. In its l~werec. =c- smon..=C L?-VE;NT.IrCos ¢cmcle,.eiv =o ~e grcunc :o allow =r ~.. Shown ~e ,.s a GAFIO~.N MART ,'rathe w~t me new SLJOE-~DE ve~la~xa~ ~,stem ~n.5't~ie~L The ~ear 3a~lels. mace ct ~Ou~le wale,'J Dol¥c3r:3ona(e. wdl not shatter or cracx, They are ~lmos: ~nc~e~lx:::~e */el s~oer !k:jnt~e~rtt. E2sy :o ~nsra~l a~cl No Price Increase 'from Inciuces uc~er Ncr. : et1,c,'~ 2 'x30' STILL ONLY $232500 '~(4' 21'x ~'-3.160.0C 2~'x ,~0' - I Galvaniz,~d Bench P~ckages Ccmc~ets ce~cn icc NO ,-nOte winoS. 9enc.'~ :oas are ,'~aw mace 21' x 30' - 763.C0 3e s:rong ~na cte~. Sham ccmers ,~ave 21' x 50' - 1,728.~0 ~een rounc~ off ~ ~enc~ toes ~ w~e~ nGt :~ u~e. CANADA CALL 1-507-663-0362 ~ 1-50T-663-0365 aO. ~CX ~5~ CASTLE ~CCX, MN 55010 1-800-852-3443 Zoning Bulletin VOLUME 52, NUMBER 3 - FEBRUARY 10, 2004 in this is.sue: Conditional Use -- Town bases decision on original application ...................................................................... Page 2 Conditional Use -- City approves new supportive housing facility ............................................................... Page 2 Rezoning -- Split-zoned land surrounded by commercial uses ................................................................................. Page 3 Nuisance -- Landowner waits to contest new building ..... Page 4 Vested Right ~ Landowners claim recording of parcel created vested right ........................................................ Page 5 Nonconforming Use m Property owner leases land for use as a tavern ................................................................ Page 6 Nonconforming Use -- Hog farm ceases operation for seven years ..................................................................... Page 7 Special Use Permit -- Developer files incomplete application ...................................................................... Page 8 Publisher: Dennis Hofmaier ~ Editor: Sulie DiMauro, Esq. Editor in Chief: Patficia J. Lloyd, Esq. Editors: Seremy C. Fox, Sarah Pascarella, Carol Johnson Perkins, Esq., Laura Starczewski, Esq. Heidi Taylor, Colin A. Thakkar, Esq. Contributor: Alexander D. Ruskell, Esq. Published byQUiNLAN PUt--CT GROUP As,,,, co. ZONING BULLETIN ISSN 0514-7905 (print) 1544-5836 (online) 23 Drydock Ave., Boston, MA 02210-2387 (617) 542-0048 fax: (617) 345-9646 emaih info Oquinlan.com http ff/www, quinlan.com Copyright~2004 Page 8 -- February 10, 2004 Z.B Special Use Permit m Developer files incomplete application Sues to have zoning ordinance found unconstitutional ILLINOIS (12/16/03) -- Shipp filed aa application with the county for a spe- cial use permit to develop a manufactured home park containing nearly 700 residential sites. A manufactured home park was permitted as a special use under the zoning ordinance. Shipp's application was a general sketch of the planned park The sketch included the numbering and placement of sites; a legal description of the land; a breakdown of the acreage indicating how much land was designated to open space and recreational areas; a picture of a standard residential lot; and a gen- eral description of the location of common areas, buildings, existing ease- ments, and streets. However, the sketch plan did not include other code requirements, such as the specific dimensions of any buildings or structures, the location of sewer or water supply lines, or a description of the internal lighting and electrical sys- terns. Consequently, the board .determined the application was insufficient and denied the special use permit. Shipp sued, claiming the zoning ordinance was unconstitutional. The court ruled in his favor and ordered the county to allow the project. The county appealed, arguing the application was incomplete and could not be properly considered or acted upon. DECISION: Reversed. Shipp's permit application was incomplete. The county zoning code established a set of standards for each permit to meet. If the criteria were not met, the county could not ensure a pro- posed development was consistent with the special use the zoning code authorized. Because Shipp's application was incomplete, the county lacked the information to determine whether the property qualified for a special use exception. The county had to have all the pertinent information before it could rule on the merits of an application. To ensure public safety, utility, and proper gr°wth, a county had to be able to determine whether the proposed development met those requirements before making any decisions. Although Shipp was required to include specific facts in his application, he only made a general promise to comply with zoning requirements in the future. This was insufficient. Citation: Shipp v. County of Kankakee, Appellate Court of Illinois, 3rd Dist., No. 3-02-0642 (2003). see also: Hawthorne v. l~llage of Olympia Fields, 790 N.E.2d 832 (2003). see also: Chicago Heights v. Living Word Outreach Full Gospel Church and Ministries Inc., 749 N.E.2d 916 (2001).