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Home My WebLink AboutApril 11, 2005 RegularCITY 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 ADMINISTRATION Mal*or Gary L. Peterson Councilmembers Robert ,,t. l,l/illiams B/'ztce Nm~,rocki Tammera Ericson Bruce Kelzenberg City Manager l, Falter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, April 11, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discrhninate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, progrmns, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION t Invocation by Pastor Peter Law, Community United Methodist Church PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council trader the Citizen Forum or items submitted after the agenda preparation deadline.) PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclmnations 1) National Library Week- April 10-16, 2005 B) Presentations - none C) Introduction of New Employees - none D) Recognition - none P4 CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as pm~t of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Mhautes for March 28, 2005 regular City Council meeting P5 MOTION: Move to approve the minutes of the March 28, 2005, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Move to accept the March 1, 2005 minutes of the Library Board. P11 b) MOTION: Move to accept the April 5, 2005 minutes of the Plam~ing & Zoning Commission P13 3) Establish Work Session meeting date for Tuesday, April 19, 2005, begilming at 7:00 p.m. in Conference Room 1. P21 MOTION: Move to establish a Work Session meeting date for Tuesday, April 19, 2005 beginning at 7:00 p.m. in Conference Room 1. Upcoming Work Session Items: Contamination clean up in the industrial park, Jim Crowl - ProSource Enaineerinm Leaal services contracts, Public Pumose EmBenditure Policy THE CITY OF COLUMBIA H~E1GHTB DOE-~"NOT'"IDIBCRIMINATE ON THE BASIS OF DISABILITY IN'~EMPLOYME~IT OR THE PROVISION"OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda April 1 I, 2005 Page 2 of 3 4) Adopt Resolution No. 2005-19, being a Resolution approving a Conditional Use Permit to allow temporary sales at 4300 Central Avenue NE P22 MOTION: Move to waive the reading of Resolution No. 2005-19 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-19, being a Resolution approving a Conditional Use Permit to allow temporary sales at 4300 Central Avenue NE, PC No. 2005-0403. 5) Adopt Resolution No. 2005-20, being a Resolution approving a Conditional Use Permit to allow temporary sales at 2261 37th Avenue NE P33 MOTION: Move to waive the reading of Resolution No. 2005-20, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-20, being a Resolution approving a Conditional Use Permit to allow temporary sales at 2261 37th Avenue NE, P.C. No. 2005-0402 6) Establish a Hearing Date of April 25, 2005 for revocation/suspension of rental property license P41 MOTION: Move to Establish a Hearing Date of April 25, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Jude Akassap at 4247 2nd Street NE. 7) Approve Business License Applications P42 MOTION: Move to approve the items as listed on the business license agenda for April 11, 2005 as presented. 8) Approve Payment of Bills P44 MOTION: Move to approve paylnent of the bills out of the proper funds as listed in the attached check register covering Check Number 112275 through 112434 in the amount of $611,306.21. 6. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) First reading of Ordinance No. 1484, being an Ordinance an Ordinance amending Ordinance No. 1428 (Zoning Ordinance) by rezoning certain real estate within the City of Columbia Heights fi'om Central Business (CBD) to Multi-family Residential (R3) P52 MOTION: Move to waive the reading of Ordinance No. 1484, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance 1484, being an Ordinance mr~ending Ordinance #1428; pertaining to Zoning and Development Ordinance, rezoning of certain property at 4045 Van Buren Street, for Monday, April 25, 2005 at approximately 7:00 p.m. in the City Council Chambers. 2) Adopt Resolution 2005-17, being a Resolution approving a lot width variance and Resolution 2005- 18 approving a lot split' of the property_ at 1010 43 ½ Avenue NE, P57 Move to waive the reading of Resolutions 2005-17 and 2005-18, there being ample copies available to the public. City Council Agenda April 11, 2005 Page 3 of 3 Move to adopt Resolmion 2005-17, a resolution approving a lot width variance and Resolution 2005-18 approving a lot split of the property at 1010 43 ½ Avenue NE, subject to the following conditions of approval that are deemed necessary to protect the public interest and ensure compliance with the provisions of the Zoning Ordinance: 1. The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 2. Upon approval of a minor subdivision, the applicant shall be responsible for filing the subdivision survey with the Anoka County Recorder's Office. The minor subdivision shall become invalid if not filed with the Anoka County Recorder within one (1) year of the date of the City Council action. 3. The applicant shall pay parkland dedication fees in the amount of $3,193 for the newly created lot. This fee is payable at the time of building permit. 4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for Public Works' approval, directing storm water runoff fi'om impervious surfaces to the street or ponded on site. B) Bid Considerations -none C) Other Busin ess - none 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes.) 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, Ci0y Manager WF/pvm CiTY OF COLUMBIA HEIGHTS PUBLIC LIBRARY 820 40TH AVENUE N.E., COLUMBia HEIGHTS, MN 55421-2996 (763) 706-3690; TDD (763) 706-3692 Board of Trustees Barbara Miller Chair Patricia Sowada Vice-Chair NATIONAL LIBRARY WEEK April 10 - 16, 2005 PROCLAMATION Secretary Nancy Hoium Catherine Vesley Members at large - Bruce Kelzenberg Council Liaison M. Rebecca Loader Library Director WItEREAS: The American Library Association has set aside the week of April 10 - 16, 2005, to recognize library service in Columbia Heights, Minnesota and throughout the country; and, ~' WltEREAS: The Columbia Heights Public Library has provided service to the citizens of Columbia Heights for 77 years; and, The library's mission is to provide free access to materials for the patrons in a barrier free environment; and, WI:IE~AS: The library is an impo_rtant part of the community that offers educational and recreational information, and provides patrons with the sources they need to live, learn, and work in the 21st century; WHEREAS: The Columbia Heights Public Library achieves these goals by providing reference assistance, interlibrary loan, "at home" service, programming for children and adults, public access to the Internet, web access to the catalog and electronic databases, and an extensive library collection of over 71,000 books, periodicals, and assorted meffia items; and, WIIEREAS: Libraries and library supporters across America and beyond are celebrating National Library Week with the theme "Something for Everyone ~ your librarf'. NOW, THEREFORE, BE IT RESOLVED, that I, Gary Peterson, Mayor of the City of Columbia Heights, do hereby proclaim the week of April 10 - 16, 2005, as NATIONAL LIBRARY WEEK in the City of Columbia Heights, Minnesota Mayor, Gary Peterson City of Columbia Heights, Minnesota P. 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 28, 2005 The following are the minutes for the regular lneeting of the City Council held at 7:00 p.m. on Monday, March 28, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:00 p.m. Pastor Paul Widen, Oak Hill Baptist Church, gave the Invocation. Peterson expressed his pleasure with the ministerial association for supplying invocations at these meetings. Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Williams, Councilmember Ericson, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS - none CONSENT AGENDA City Manager Walt Fehst took the Councilmembers through the Consent Agenda items. 1) Approve City Council Meeting Minutes for March 14, 2005 regular City Council meeting. Motion to approve the minutes of the March 14, 2005, regular City Council meeting as presented. Nawrocki stated that everything on the last meeting agenda was on the Consent Agenda, which should only be for routine items. There should be more discussion so residents are informal. He indicated that Chief Johnson did an excellent job describing the reverse calling system. The Huset Parkway could be a $3,000,000 project, with an additional $3,000,000 for the park, which has not been approved. The aerial truck should have been discussed at a work session, but was not. The park grant application should not have been allowed, as the project is not approved. He stated that we should not commit State Aid monies for this project that would take away monies from general maintenance. Fehst indicated that Zone 7B street rehabilitation could be set back a year to accommodate the road project. He stated that the authorization to sell bonds was recommended by the auditors for administrative chores. The maximum park grant would be $250,000 with a match required. We feel the park could easily use that amount of improvement. Peterson indicated that we should not deplete our State Aid, as many streets need improvement. 2) Accept Boards and Cormnissions Meeting Minutes Motion to accept the Traffic Commission meeting minutes of March 7, 2005 3) Establish Work Session meeting date for Monday, April 4, 2005, beginning at 7:00 p.m. in Conference Room I. Motion to establish a Work Session meeting date for Monday, April 4, 2005 beginning at 7:00 p.m. in Conference Room 1. Upcoming Work Session Items: update on Huset parkway design with SEH and State Aid road designation. Legal services contracts will be discussed at the April 18 work session. P. 5 City Council Minutes March 28, 2005 Page 2 of 6 4) Approve 2005 Board and Commission reappointments Motion to re-appoint Tom Greenhalgh to the Park and Recreation Cmmnission for a five year terms; Mitch DeMars to the Police and Fire Civil Service Commission for a three year term; Dennis Stroik, Rueben Ruen, and David Mahoney to the Telecon-nuunications Commission for two year terms; and Kenneth Stumpfto the Traffic Commission for a four year term effective April 1, 2005. Nawrocki stated that the Council had not discussed these reappointments or considered other applicants for the positions. Peterson asked if Councilmembers would like to table reappointments for further consideration. He indicated that he had no problem with these specific reappointments. Kelzenberg agreed. Williams stated he would like to see other interested persons be considered. Peterson stated they have all indicated they wish to be reappointed. Ericson agreed with Nawrocki, that we need not make blanket reappointments. Peterson confirmed these reappointments with the understanding reappointments are not automatic. 5) Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 28, 2005 as presented. 6) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register coveting Check Number 112108 through 112274 in the amount of $786,377.47. Motion by Kelzenberg, second by Williams., to approve the Consent Agenda items. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Second reading of Ordinance 1482 to prohibit certain exhibitions and conduct on any premises holding any type of liquor license in the City of Cohnnbia Heights Police Chief Tom Johnson stated this was brought to his attention by articles in the Star Tribune and through fighting matches taking place in Fridley. Fridley passed this type of ordinance to stop these events in establishments that serve alcohol. It was agreed, with the City of Fridley, that both cities adopt an ordinance to prevent such incidences from happening. The ordinance would be in place in 30 days. Peterson stated his pleasure that we are proactive on this, rather than reactive. Nawrocki stated he heard the Star Bar had an event like this. Johnson stated he had no such knowledge. Jim Hoeft, City Attorney, stated this Ordinance would only prohibit such events at facilities where alcohol is served; they can still be held where there is no alcohol served. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance 1482, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Willimns, second by Kelzenberg, to adopt Ordinance No. 1482, being an Ordinance amending Ordinance 853 City Code of 1977 to prohibit "certain exhibitions and conduct" on any premises holding any type of liquor license in the City of Columbia Heights. Upon vote: All ayes. Motion carried. Nawrocki stated concern about activities in the pool hall on Central Avenue. Peterson indicated that our Police Officers stop in frequently and have a good working relationship with the owner. If there is a problem, something will be done. They-run an organized business and do not allow loitering. P. 6 City Council Minutes March 28, 2005 Page 3 of 6 ORDINANCE NO. 1482 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, TO PROHIBIT CERTAIN EXHIBITIONS AND CONDUCT ON ANY PREMISES HOLDING ANY TYPE OF LIQUOR LICENSE IN THE CITY OF COLUMBIA HEIGHTS The City Council of the City of Columbia Heights does hereby ordain: Chapter 5, Article I, Section 1, of the Columbia Heights City Code is hereby amended to include: Subsection 5.501(12) (J) 3.2% Malt Liquor (Beer) No licensee shall permit in any licensed establishment, or any adjoin/rig property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball, are not included among activities prohibited by this section. Chapter 5, Article I, Section 2, of the Columbia Heights City Code is hereby amended to include: Subsection 5.502(7) (E) On Sale Club Liquor No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football,-baseball, hockey, and softball, are not included among activities prohibited by this section. Chapter 5, Article I, Section 3, of the Columbia Heights City Code is hereby amended to include: Subsection 5.503(12) (J) Intoxicating Liquor No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball, are not included among activities prohibited by this section. Chapter 5, Article I, Section 4, of the Columbia Heights City Code is hereby amended to include: Subsection 5.504(14) (J) On-Sale Wine Licenses No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball, are not included among activities prohibited by this section. Chapter 5, _Article I, Section !0, of the Columbia Heights City Code is hereby amended to include: Subsection 5.510(7) (F) On-Sale Temporary Liquor Licenses No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball, are not included among activities prohibited by this section. B) Bid Considerations -none c) Other Business Appointments to the Planning and Zoning Commission and the Library Board to fill vacant tenns. Peterson indicated that City Council members conducted about ten Board and cormuission interviews last Tuesday. Some applicants are young and energetic. It would be an asset to have that energy working for our community. There is consideration to expand one of our commissions. Peterson stated that any one of the applicants could be appoh~ted to a conurdssion mad would do a good job. This is why the Council will more closely consider reappointments. If someone is inactive, they would be replaced with someone that wishes to be involved. Applicants not selected will be kept on a list and consulted when a vacancy occurs. P. 7 City Council Minutes March 28, 2005 Page 4 of 6 Motion by Nawrockfi, second by Ke!zenberg, to appoint David Thompson to the planning and Zoning Commission for the vacant term to expire April 2008. Williams stated that in his four years on the Council, this group of applicants was the most energetic. He stated that Mr. Thompson applied for this commission four years ago. Ericson agreed, stating the Council was pleasantly surprised at the enthusiasm to participate in our community. Peterson thanked Phil Baker for his service on the Planning and Zoning Commission. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Ericson, to appoint Lynette Thompson to the Library Board for the vacant term to expire April 2008. Upon vote: All ayes. Motion carried. Peterson requested the Deputy City Clerk prepare the appropriate letters for the applicants. ADMINISTRATIVE REPORTS Report of the City Manager · Indicated that staffis looking to revamp our web site, possibly similar to the Anoka County web site. He suggested templates for organization and timely information. Will attend the LMC legislative meeting on Thursday, in St. Paul with key Representatives and Senators, to discuss issues of this session. There is a bill introduced to remove all cities state wide from the liquor business. Fortunately, it is not going anywhere; either is the bill to sell beer and wine in grocery stores. As we are in the business, it is important to contact our Legislators to let them know our stand on these issues. Letters on various issues have been sent to our Legislators by the City Manager, Police Chief and Public Works Director. Met with the City of Minneapolis regarding water line cleaning and water meter replacement along Stinson. We continue to look at the complaint on Tyler for abatement of cleanup. With Spring beginning, we will receive complaints on yards that need clean up. Notices will be sent to all homes in the area where a complaint is received, requesting proactive cleanup, to avoid issuing tickets. Nawrocki indicated the Governor's proposal regarding dissatisfaction with property tax statements. A form can be filled out and sent in. If20 percent of the population is not satisfied, the matter could be placed on a referendum. Nawrocki stated that the City Manager did not report at the last meeting items he is working on, and his hope that the Manager would report this information at the first meeting next month. · The Green Sheet incorrectly indicated the CERT meeting was Thursday, but will be on Wednesday. Nawrocki stated he would miss the next CERT meeting. The Green Sheet references the smnp pump progrmn, but does not indicate the total cost to the resident or the cost to the City. Nawrocki referred to the recent backup in the Police training room. Chief Johnson described the reason for the backup. Nawrocki indicated the need to not give up on reimbursement for residential backups during the last four years. He asked if there have been any backups since last spring. Fehst indicated backups are reported in the Green Sheet, and indicated his pride in the employees working on the infiltration program and line cleanup. With this program we will soon have more complete insurance coverage. If the City Council wants to look at reimbursement for previous backups, it would come from City funds. P. 8 City Council Minutes March 28, 2005 Page 5 of 6 Nawrocki questioned the Frattalone bill from the last meeting of $ ! ! 5,000 for work i_n_ the Huset area and the Kennedy Graven bill for $5,900 for condemnation. He stated that the developer was to pay the demolition and costs involved, receive his money back from tax increment, and be responsible for any losses if the project did not go through. Fehst stated that some funds have been escrowed and some costs are covered by grants. These funds were approved by resolution, last year. Nawrocki questioned what portion of the Honeywell demolition was covered by a grant. Fehst indicated this would be relayed through the Green Sheet. Report of the City Attorney - none CITIZENS FORUM Willimus invited Roger Strom to come forward and describe his fishing trip to Red Lake, which Mr. Strom did. COUNCIL CORNER Nawrocki Anoka County delinquent tax list has been published. They climb every year, which is a reflection on the taxes we levy. There is a notice of utility rate increase being sent to residents, which is deceptive, stating the increase is on all bills after January 2005 and this is only the second increase since 1999. The rates increased last year and this year, and will increase for the next three years resulting in a fifty percent increase in utility rates. · Attended the Comcast meeting, showing the new things they have. Packet information is available for review. · Attended the National League of Cities Congressional Conference in Washington D.C. participating in discussion for federal legislation to provide long range federal money for transportation services. There are 3,500 special projects as part of the legislation. Congressman Oberstar addressed Community Development block grant monies. Senator Coleman introduced a bill to insure continuation of CDBG funding. Other information gathered is available for review. · Presented information on a leadership training institute called "Guarding the Public Checkbook". · Wishes to send a follow up letter to our Legislatures acknowledging their support for grant funds, which allowed the purchase of our aerial fire track. · This is the third month of the new council. It continues to be a pleasant experience working with this group. Ericson · · · CERT Fundraiser, Friday April 1 st at Murzyn Hall, with a free will donation. Saturday morning, April 3rd will be the Fire Explorer Pancake Breakfast at the High School. Saturday morning and afternoon will be the Rising to New Heights Housing Fair, at the High School. Pleased to see people cleaning up their yard and garages. Very thankful for our good garbage contract. Kelzenberg · With the nice weather, be aware of motorcycles on the roads. · Will attend the CERT fundraiser. · Hopes everyone had a nice Easter. Williams · · Referred to a call on neighborhood cleanup and possible funds available to help. There will b.e a DARE program graduation ~94~pril 12. This is drug abuse resistance education. City Council Minutes March 28, 2005 Page 6 of 6 Council members received a letter fi'om a concerned citizen on the sale of drug paraphernalia sold in town and requested legislation to ban this. Chief Johnson stated this referred to glass pipes, which are not illegal to sell, only if they are used to smoke illegal items. We can not stop the sale of PVC pipe or copper tubing, which can also be used for the same purpose. There will be a luncheon with the Sport Commissioner, at the National Sport Center, to discuss placement of the NFL center in Anoka County. He listed meeting information. Street sweeping operations have begun around lakes and ponds to keep debris out of them. Regarding utility rate increase: we have serious infrastructure problems in our piping that may cost millions. Fehst stated that we spent hundreds of thousands of dollars each year on the problem and continue to look at lining more pipes. · Pray for the peace and health of our friends and neighbors. Peterson · The Prayer Breakfast will be May 1 lth; beginning at 7:00 a.m. Tickets are available at City Hall, by calling his home, and from AutoWorld. The speaker will be Mr. Wyatt. Councilmember Williams and he will v/siting our Sister City in Lomianki, Poland on September 13 through September 20 for the commerative service for the downed American Pilots. The trip will also extend to Warsaw. Eleven people have committed to this trip. He invited everyone interested to travel with them. Everyone is paying their own way. It is long over due to send a delegation to attend this service. It is hoped to deliver the container of wheelchairs to Lominaki on September 17th. Dolores Strand and Wally Logacz will act as tour guides. Don't take ourselves to seriously - do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:17 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P. 10 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES March 1, 2005 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Nancy Hoium, Brace Kelzenberg, Patdcia Sowada, Catherine Ve~ley, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the February 1, 2005, Board meeting as mailed. Bill hst dated 2/14/05 was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 2/28/05 was reviewed. It was moved, seconded and passed that they also be paid. The accounting was reviewed. Old Business: 1. Retreat with the Library Board and Foundation Board was discussed. The date decided upon is Saturday, S~ptember 10, 2005. Plans will be fmalized with the Foundation Board. The Foundation Board met on Monday, February 28. They are moving ahead and planning ideas for June events. 2. The 2004 preliminary year-end figures are unavailable at the current time. ILS update was provided. AnoKat, an ILS update newsletter, was discussed. This will be pubhshed twice a month for release to the entire county-wide library staff concerning updates on the progress of the ILS implementation. a. Training will begin the week of March 7. There will be an intensive two-week training program for key staff. Becky will be an in-house trainer for the upcoming rounds of staff training. b. The two networks were explained. The LAN (Local Area Network)'is the City network and the WAN (Wide Area Network) is the County network. New Business: 1. 2004 City version of the Annual Report was reviewed and discussed. New MELSA crossover survey was discussed. The reporting is done on a weeklong basis and will be reported four times during the year. The new method was well received. Statistics are reported online. The use ora formula to extrapolate daily LIBGIS statistics from the MELSA data was discussed. It was moved, seconded, and passed to use the new MELSA crossover statistics for this purpose. Repair of the treads on the interior stairwell to the lower level was discussed. A bid of $1,606.00 was received from Anderson's New Carpet Design. Becky will call Bill Elrite, Finance Director to check on the availability of City f-m-~ds for this project. 1 P. 11 The article from the 2/10/05 edition of the Focus concerning a Community Center was reviewed. VHS vs. DVD vs. HDDVD/Blue Ray was discussed. The letter from Baker & Taylor explaining their decision to stop handling videos and move to the DVD market was reviewed. This decision by Baker & Taylor forces Columbia Heights Public Library either to shift to DVD or to find a new video vendor. The Valentine's Day Tea, Grandparent's Tea, and Mad Hatter Tea Party, have all been very well received by patrons and have enjoyed an excellent turnout. 7. Article from the The Rake, an arts magazine, entitled "Who needs all these books anyway" was discussed. There being no further business the meeting was adjourned at 8:05 p.m. Respectfully submitted, Patricia Sowada Typed by: Jeanine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 F. 12 PLAANN!NG AAND,~ ZON3NG COMMASSION MINUTES OF THE REGULAR MEETING APRIL 5, 2005 7:00 PM The meeting was called to order at 7:00 pm by Chairperson, Marlaine Szurek. Roll Call: Commission Members present-Fiorendino, Peterson, and Szurek. New Member: David Thompson was introduced. Member Absent: Donna Schmitt Also present were Pat Smith (City Plarme0,.Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of March 1, 2005. All ayes. MOTION PASSED. PUBLIC HEARINGS Case 2005-0403 Linder's Greenhouse 4300 Central Avenue Conditional Use Permit Mr. Peter Linder of Linder's Greenhouses Inc. is requesting approval of a Conditional Use Permit to allow the operation of a temporary "mini garden center" in the east parking lot of Central Value Mall at 4300 Central Avenue, from April 15, 2005 through July 15, 2005. This is the 16th year Linder's will operate their greenhouse sales in Columbia Heights. The properties to the north and south of the subject parcel are zoned LB, Limited Business and are used commercially. The property across Central Avenue to the east is zoned GB, Retail Business and is used commercially. The area west of Central Value Mall is zoned R-2, Single and Two Family Residential mad is used residentially. Section 9.607 1-E of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. All of the conditions cited in the Zoning Ordinance for a Conditional Use Permit have been met. These were detailed in the staff report as part of the agenda packet. The site plan and configuration remain unchanged from previous ye.ars, and will have an hnpact on about 30 parking spaces. The Fire Department has reviewed the proposal and has expressed no concerns. The proposal is consistent with the intent of the City's Comprehensive Plan. Staff recommends approval of the Conditional Use Permit subject to the conditions listed in the agenda pack.ets. There were no questions or comments, so the Public Hearing was closed. P. 13 PLANNING & ZONING COMMISSION MINUTES APRIL 5, 2005 PAGE 2 Motion by Peterson, seconded by Fiorendino, to recommend approval of the Conditional Use Permit for seasonal agricultural sales at 4300 Central Ave NE from April 15 through July 15, 2005 subject to the following conditions that have been found to be necessary to protect the public interest and ensure compliance with the provision of the Zoning and Development Ordinance, including: A $500 deposit shall be submitted to the License/Permit Clerkprior to installation of the structures on the site to ensure timely removal and clean up of the site, the outdoor storage shall be located as. indicated on the site plan, and the proposed fence must be 20feet from the retaining wall to allow for access of safety vehicles. Ail Ayes. MOTION PASSED. Case 2005-0402 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 tl~rough July 15, 2005. 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 commercially. 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. P!a~mner Smith reported that the Fire Department has reviewed the proposal and has no concerns regarding it. P. 14 PLg~i,,Yr2qG & ZONEX~G COlVDg!SS!ON MINUTES APRIL 5, 2005 PAGE 3 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 Cleric prior to the display of the tent on the site to ensure removal at the end of the approved time period. There were no questions or comments, so the Public Hearing was closed. Motion by Fiorendino, seconded by Peterson, to recommend City Council approval of the Con. ditional Use Permit for seasonal agricultural sales at 2261 37th Avenue from April 15, through July 15, 2005, subject to the certain conditions of approval that have been found to be necessary to protect the public interest and ensm;e compliance with the provisions of the Zoning and Development Ordinance, including: A $500 deposit shall be submitted to the License/Permit Clerk prior to display of green and flowering plants on the lot to ensure timely removal and clean up of the site, and that the outdoor storage shall be located as indicated on the site plan. All Ayes. MOTION PA$SED. Case 2005-0404 City of Columbia Heights Re: 4045 Van Buren St 'Rezoning Diane Toms, the property owner of 4045 Van Buren Street NE is in the process of selling her house. However, the property is zoned Central Business District which prohibits single-family residences. The single-family residential use is a legal non-conforming use. By rezonlng the property to R-3 Multi- Family Residential, the property would be consistent with the zoning of the other single-family residences in the surrom~ding vicinity. In addition, the rezoning would bring the existing use into conformance with the zoning ordinance and remove barriers for selling the property. The designation as a non-conforming use imposes a number of constraints on the property. This property cannot be expanded or enlarged, if it is ever vacated for more than one year, it must be used as a commercial use, and if it is ever destroyed by fire or other natural causes, the owner could only redevelop the property as a commercial use (unless the permits were applied for within 180 days of when the damage occurred per the ctm'ent State Law). Under Section 9.406 of the Zoning Ordinance, four conditions must be met in order for the City to rezone property: *The amendment is consistent with the City Comprehensive Plan. *The amendment is in the pubiic interest and is not solely for the benefit of a single property owner. *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 zonhng classification. *There has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. R15 PLANNING & ZONING COMMISSION MINUTES MEETING OF APRIL 5, 2005 PAGE 4 Planner Smith explained how each of these conditions have been met, and therefore, staff recommends the Planning Commission ask that the City Council approve the rezoning of 4045 Van Buren St from CBD to R-3, Multi Family Residential, as the proposal is in the best interests of the public. Peterson stated he thought the CBD zoning may have been established when .the parking ramp was built in case that much space was needed. However, since this property was not needed for the construction of the ramp, he didn't think it made any sense to leave it zoned CBD. Fiorendino wanted clarification of the constraints the current zoning places on the property. Planner Smith answered Iris questions. Diane Toms of 4045 Van Buren St asked the Commission if the property is re-zoned if it would affect her value or taxes. Szurek stated she didn't think it should have any impact one way or the other, but she was advised to contact Anoka County to confirm that. The Public Hearing was closed. Motion by Peterson, seconded by Thompson, that the Planning Commission recommends that the City Council approve rezoning 4045 Van Buren St from CBD to R-3 Multi Family Residential, as the rezoning is consistent with the residential land use and the surrounding land uses and zoning districts. All ayes. MOTION PASSED. Ms. Toms was informed this would go to the City Council on April 11th for the first reading, April 25th for the second reading, and would take affect 30 days later. Case 2005-0401 Greg Anderson 1010 43 ~ Avenue NE Lot Split' and Variance Greg Anderson, the owner of the property at 1010 43 ½ Avenue NE, has made an application for a lot split of the one parcel into two single family lots. Mr. Anderson' plans to sell the newly created vacant lot to a builder. Section 9.410 of the Zoning Ordinance requires applications for lot splits be reviewed by the Planning & Zoning Commission, Milch shall then make a recommendation that the City Council either approve or deny the request. The Comprehensive Plan designates this area for low-density residential development. The proposed lot split will create two lots that continue to be consistent with this designation and the sm'rounding properties. P. 16 PLg~3q!NG & ZONING COM2A!SS!ON MINUTES MEETING OF APRIL 5, 2005 PAGE 5 The lot at 1010 43 ½ Avenue is zoned R-2 (one and two family residential) and is smTounded on all sides by properties zoned R-2. The lot split meets all of the lot area, setback, and lot coverage requirements for the R-2 Zoning District, except lot width. Section 9.903 of the Zoning Ordinance regulates lot area, setback, height and lot coverage requirements and Section 9.603 regulates accessory structures and lot coverage. Applicable requirements are as follows: Minimum lot size shall be 6,500 sq. ft. for a single family home. Currently, the loi at 1010 43 ½ Avenue NE contains 15,400 square feet. After the proposed lot split, Parcel A, the northern lot with the existing house, would contain 8,058 sq. ft. and Parcel B, the vacant lot would contain 7,342 square feet. Minimum lot width shall be 60 feet. The existing lot is 55 feet in width. The variance section discusses the minimum width requirement in more detail. Yard setbacks shall be as follows: Front yard-25 ft; side yard- 5ft; rear yard-20% of lot depth; detached accessory structures-3 ft from side and rear property lines. All of the setbacks of existing structures on both properties will continue to meet these requirements. Any new structures that may be built must also meet these same requirements. Lots greater than 6,500 sq. ft. in area may have a lot coverage of up to 30%. Currently the lot at 1010 43 ½ Ave has a lot coverage of 10 percent. After the proposed lot split, Parcel A would have a lot coverage of 19 percent. Any new structures that may be built must also meet the lot coverage requirement. Planner Smith reviewed the findings with the members regarding the proposed Lot Split: 1. The subdivision will create two residential lots, one of which will be developable. 2. The proposed subdivision does not involve vacating existing easements. 3. The lots cOnform to the minimum requirements of the R-2 Zoning District with the exception of lot width. 4. The proposed subdivision does not require any dedication of public fight of way. 5. City records do not show any previous minor subdivisions. 6. The subdivision will not prohibit the conveyance of land. 7. It does not hinder the making of or keeping of records related to assessments. 8. It meets the requ/rements of the Subdivision Regulations. He then reviewed the findings regarding the Lot Width Variance: 1. The subject lot is extremely long (280 ft x 55 ft). Strict adherence to the Ordinance causes undue hardship to the owner because of the unique shape; the backyard has little use to the property owner. And having a double frontage is not good planning practice because of sidewalk maintenance and street maintenance assessments. 2. This area of the City was originally platted with extremely long lots. The 44 ½ and 43 ½ Ave cul-de-sacs were installed to allow for the subdivision of these long lots into smaller lots. The lots in the vicinity of subject have already been subdivided. 3. The applicant did not cause the hardship of an extremely long lot with double frontage. P. 17 PLANNING & ZONING COMMISSION M_IN~_ITES MEETING OF APRIL 5, 2005 PAGE 6 The proposed lot split is consistent with the Comprehensive Plan and surrounding neighborhood. The newly created vacant lot at 7,342 sq ft will be larger than the minimum lot size for single-family residences of 6,500 sq. Ft. In addition the majority of the lots along 43rd Avenue are 55 feet wide or less. The proposed newly created lot will have the same or larger lot width as the majority of the lots along 43ra Avenue. And, a new house will have to meet the building setback requirements of 25 feet for front yard, and 5 foot side yard setbacks. Staff finds that the proposed lot split and lot width variance are consistent with the City Comprehensive Plan and meet the minimum requirements of the Colmubia Heights Zoning Ordinance and recommends that the Planning Commission recommend that the City Council approve the lot split and lot width variance subject to conditions of approval outlined below. Peterson questioned the setbacks that are established for this lot and whether they could be met on the size proposed. Planner Smith explained that it is possible to construct a house and garage, meeting the setbacks and lot coverage requirements. He also explained to the commission members that a park dedication fee would be collected when the site is developed and the purpose of charging this fee and how the amount is determined. Szurek opened the Public Heating. The Commission members asked Mr. Greg Anderson if he has already made arrangements with a builder for the proposed vacant lot. He stated, no he has not. He explained that he has sold the existing family home, and the proposed vacant lot is for sale. The electric utilities are undergrom~d, so there are no utility easements to be concerned with. Mr. Dennis Anderson from 1011 43rd Ave had questions about the property being zoned R-2. He and others in the neighborhood are concerned that a double bungalow or duplex could be built on this property. Planner Smith explained that even though this parcel is zoned for single or two family residential, it does not meet the criteria for a two family dwelling. The requirement for a two family home is 8,600 sq. ft. and the Proposed new lot would be 7, 342 sq. ft. which would allow only a single family home to be constructed. Mr. Anderson then asked if he also could apply for a lot split and variance similar to this one for his property, which is about the same size and situation of the property being considered. Szurek told him, yes, he could apply using the same hardship being considered now, for his property..That request would be brought before the Planning & Zoning Commission for their recommendation also. There was some discussion regarding how the property is being marketed as a potential site for a two family home, even though it doesn't meet the criteria. Peterson asked whether the commission could require language in the sales contract to eliminate this possibility. However, that is overstepping the role of the commission. Planner Smith did ask the o;wner, Mr. Greg Anderson, if he would agree to change the wording in his "For Sale Advertising" to clarify that it is only large enough for a single family home as he has been receiving many calls on this. Mr. Anderson agreed to do that.. P. 18 PLANN~IG & ZOI,~IG COMMISSION MINUTES MEETING OF APRIL 5, 2005 PAGE 7 Motion by Peterson, seconded by Fiorendino, to recommend the City Council approve the lot split, subject to the following conditions or approval that are deemed necessary to protect the public interest and ensure compliance with the provisions of the Zoning Ordinance: 1. The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 2. Upon approval of a minor subdivision, the applicant shall be responsible for filing the subdivision survey with the Anoka County Recorder's Office. The minor subdivision shall become valid if not filed with the Anoka County Recorder within one (1) year of the date of the City Council action. 3. The applicant shall pay parkland dedication fees in the amount of $3,193 for the newly created lot. This fee is payable at the time ofbuildingpermit. 4. Prior to issuance of the buildingpermit, the builder shall submit a drainage plan to Public Works for approval that will show storm water runoff from i~npervious surfaces must be directed to street or ponded on site. All ayes. MOTION PASSED. NEW BUSINESS None. OTHER BUSINESS Planner Smith updated the Commission on the following items: Nedegaard Construction is working on the final plat for the Grand Central Lofts site. And he reported that a Model unit will soon be open for viewing. Ryland Homes is still working on their plan for the first phase of the Industrial area. City staff is helping the developer purchase the last seven properties needed for the redevelopment to occur. Galaxy Auto on 52na and University contacted staff to obtain a Motor Vehicle Sales License. Smith infonued him of the moratorium in place for all General Business Districts. 'The owner stated he would be calling the commission members and City Council members to see if they would grant an exception for him. Staffwill bring an Ordinance amendment for consideration to the June meeting. Smith reported he has been working on the new R-2 zoning map to make sure all the double units in the city are accurately recorded. Staff will be bringing this to the City Council work session on April 19th for discussion and to the P & Z Commission at the May meeting. Advanced Auto Parts has purchased the Mr. Steak property at 4545 Central Ave. They will be meeting with staffnext week regarding their plans for the site. Smith asked if the members noted the mission statement of the commission on the agenda cover letter. The members were happy with the wording. P. 19 PLANN~.G & ZONEx!G COM2g!.~SS!ON M!NI..JTES M~ETING OF APRIL 5, 2005 PAGE 8 Commission members were told about the 6th Annual Prayer Breakfast to be held Wednesday, May 11, 2005 at Murzyn Hall. Tickets are $20/each and can be obtained fi:om Gary Peterson. After reviewing the colored zoning map, Peterson asked Smith what the norm or standard percentage of zmfing districts was that determined a healthy mix for a community. Smith stated multi family districts are usually about 30% of the city. And commercial districts should be between 4-5% of the land use to support the residences of the area. However, the mix of Residential vs. Industrial is up to individual cities. He said we are very close to those percentages. Motion by Fiorendino, seconded by Peterson, to adjourn the meeting at 8:03 pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary P. 20 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: April 11, 2005 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-3 CITY MANAGER' S APPROVAL ITEM: Work Session Meeting Date for BY: WaltFehst BY:/.~,.~~~. Tuesday, April 19, 2005 NO: DATE: April 6, 2005 DATE: It is recommended to establish a work session meeting beginning at 7:00 p.m. on Monday, April 4, 2005 in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to establish Work Session meeting beginning at 7:00 p.m. on Tuesday, April 19, 2005, in Conference Room 1. COUNCIL ACTION: P. 21 CITY COUNCIL LETTER Meeting of: April 11, 2005 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~'. J~ _L~ Community Development APPROVAL BY: ITEM: Re so lution 2005-19, Conditional Use BY: Patti ck Smith Permit DATE: April 6, 2005 Case #2005-0402, 4300 Central Ave NE Background: Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow for the operation of a seasonal "mini garden center" (Flower Mart) in the easterly portion of the parking lot of the Central Valu Mall, 4300 Central Avenue, from April 15, 2005 through July 15, 2005. This will be the 16th year Linder's Greenhouses, Inc. will operate their greenhouse in Columbia Heights. 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 comtect to each structure. The greenhouse structures will be the same as last year 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 General Business zoning regulations. Existing parlcing exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on April 5, 2005. They voted unanimously to recmmnend City Council approval of the Conditional Use Permit subject to the three conditions listed in the recommended motion.' Recommended Motion: Move to approve Resolution No. 2005-19 permitting the operation of a seasonal mini-garden center at 4300 Central Avenue from April 15, 2005 through July 15, 2005, subject to the following conditions: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be sub~nitted to the Community Development Department prior to installation of the structures on the Site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Attachments: Resolution 2005-19; Planning Report to Council; Applicant narrative; Site plan COUNCIL ACTION: P. 22 REo~,. ~U x.ON ~u0~-~:, CITY OF COLUMBIA HEIGHTS, MINNESOTA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW TEMPORARY SALES AT 4300 CENTRAL AVENUE NE, P.C. NO. 2005-0403 WHEREAS, the applicant has requested a Conditional Use Permit for a temporary green house on property at 4300 Central Avenue NE; and WHEREAS, the subject property is located within the GB - General Business zoning district; and WHEREAS, the OB provisions of the Zoning Ordinance allows for seasonal agricultural sales as conditional uses; and WHEREAS, the Planning Cmmnission held a public hearing on April 5, 2005, and reconmaended to City Council approval ora Conditional Use Permit for a seasonal agricultural sales at 4300 Central Avenue NE, subject to various conditions and stipulations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights, Minnesota does hereby approve a Conditional Use Permit to allow seasonal agricultural sales at 4300 Central Avenue NE for Linder's Greenhouses, subject to the following conditions: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Pemxit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Passed tkis 11a' day o£April 2005 Offered by: Seconded by: Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City Cleric/Council Secretary P. 23 CITY OF COLUMBIA HEIGHTS PLANNING REPORT TO CITY COUNCIL CASE NUMBER: DATE: TO: APPLICANT: LOCATION: REQUEST: PREPARED BY: 2005-0403 April 11, 2005 Columbia Heights City Council Linder's Greenhouses, Inc. 4300 Central Avenue, Rainbow Parking Lot Conditional Use Permit for Seasonal Sales Patrick Smith, AICP, Senior Planner Tntroduction Linder's Greenhouse has applied for a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. According to Section 9.607 of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that 'a seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center for 90 days, from April 15th through July 15th (see attached letter). 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. The two structures and patio will displace approximately 30 parking spaces and a drive aisle. This will be the Linder's 16th year operating a temporary greenhouse at this location in Columbia Heights. Heritage Property is the property owner, and although they did not sign off on the application, they have submitted a letter permitting the applicant use of the parking lot for the Christmas tree sales (see attached letter). P. 24 City of Columbia Heights City Council April 11, 2005 Linder's Greenhouse - Conditional Use Permit Planning Considerations Consistency with Comprehensive Plan The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. Consistency with Zoning Ordinance The Zoning Map classifies the property as GB - General Business. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.612 of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900-square-foot commercial building is required to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. Findings of Fact Section 9.408 of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator: Seasonal agricultural sales is a Conditional Use in afl zoning districts, and is considered retail sales, which is permitted in the GB - General Business District. The use is in harmony with the general purpose and intent of the Comprehensive Plan: The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as greenhouses, is a permitted use in the commercial areas. The use will not impose hazards or disturbing influences on neighboring properties: The closest residential property to the south is over 300 feet from the proposed temporary use. In addition, the amount of space dedicated for the greenhouse sales is relatively small at approximately 1,000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity: The garden center as proposed will have no impact on the use of adjacent properties. 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: Linder's has been in operation for 15 years at this location, with the City experiencing ?. 2 5 Page 2 City of Columbia Heights City Council April 11, 2005 Linder's Greenhouse -Conditionai Use Permit Case # 2005-0403 no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 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 utilities. 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 traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. The use will not cause a negative cumulative effect on other uses in the immediate vicinity: As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 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 GB General Business District. Recommendation On a vote of four ayes, the Planning Commission voted to recommend that the City Council approve the Conditional Use Permit, subject to conditions of approval outlined below. 1. The outdoor storage shall be located as indicated on the site plan. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3.' The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Attachments · Location Map · Letter from Linder's Agreement with Heritage Properties · Site Plan · Elevations P. 2 6 Page 3 I ~ COLUMB A HEIGHTS ~..I..../" COMMUNITY DEVELOPME " EXISTING LA'ND U S E M A LEGEND Existing Land Use: ' ' Acres: % Gl'Total: I '.:': I Townhomes 18.4 0.79% ~ Apartments 61.23 2.61% / Commercial 123.30 5.31% I:-'~-~ I Condominium ' 17.56 0.76% I I Industrial 91.89 3.93% ~ Single FamilyResidentia 1,014.88 43.78% I .... I Two Family Residential 77.67 3.34% ~ Vacant 6.77 0.29% I Parle 119.89 . 5.16% I I Church 16.09 0.69% I I Institutional 62.05 2.77% Public: r-'-I Righl-of-Way 519.80 22.37% Non-City Land: I I City of Hilltop 69.32 2.92% ~ City of Minneapolis 72.27 3.04% TOTALS: 2323.49 100.00% ~ Water Features 54.18 Acres . ~ Pamel Lines Ncity Limits ["s ....... ! ' I.City o£ Columbia Heights - I ! Community Development DepartmenlI ~ . Engineering Departmenl 1(G'I'S' Divisi°n) I I, ....... 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' -- .' :, - P. 28 ~,4 Amen~t of~.~ .......... / , ~oo~ P. 29 LIklDER'% FLOWER OOLLIMBI/N NEIGNT'5 -- (_...../~ 60 ~ Columbia Heights - Rainbow Floor Plan Service 30' Counter (2) 66' F.E Fire ~ Extinguisher (2) · \\ 54' 42' 40' ® 12' High Greenhouse Scale: 3/32" = 1' CITY COUNCIL LETTER Meeting of: April 11, 2005 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~,. ~ t~' Community Development APPROVAL ITEM: Resolution 2005-20, Conditional Use BY: Patrick Smith BYe,// Permit DATE: April 6, 2005 Case #2005-0402, 2261 37th Avenue NE Background: Ace Hardware is requesting approval of a Conditional Use Permit to allow the operation of a seasonal greenhouse (Flower Mart) for the display and sale of green and flowering plants in the southeast side of the parldng lot at 2261 37th Avenue NE, rom April 15, 2005 through July 15, 2005. This will be the 12th year that Ace Hardware will operate their greenhouse in Columbia Heights. 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 the flower tent. This site plan and configuration remains unchanged from previous years. The greenhouse structure will be the same as last year with both exits 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 General Business zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structure over this portion of the parking lot. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on April 5, 2005. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the two conditions listed in the recmm-nended motion. Recommended Motion: Move to approve Resolution No. 2005-20 permitting the placement of a 21 'x 48' seasonal greenhouse for the display and sale of green and flowering plants at 2261 37th Avenue NE from April 15, 2005 through July 15, 2005, subject to the following conditions: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Pen2it expires and the site has been cleaned up. Attachments: Resolution 2005-20; Planning, Report to Council; $ite plan; Applicant narrative COUNCIL ACTION: P. 33 RESOLUTION 2005-20 CITY OF COLUMB~ ltEIGHTS, MINNESOTA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW TEMPORARY SALES AT 2261 37th AVENUE NE, P.C. NO. 2005-0402 WHEREAS, the applicant has requested a ConditiOnal Use Permit for a temporary green house on property at 2261 37TM Avenue NE; and WHEREAS, the subject property is located within the GB - General Business zoning district; and wlq~.REAS, the GB provisions of the Zoning Ordinance allows for seasonal agricultural sales as conditional uses; and WHEREAS, the Planning Colranission held a public heating on April 5, 2005, and recommended to City Council approval ora Conditional Use Permit for a seasonal agricultural sales at 2261 37a' Avenue NE, subject to various conditions and stipulations. NOW, TltEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights, Minnesota does hereby approve a Conditional Use Permit to allow seasonal agricultural sales at 2261 37th Avenue NE for Frattalone's Ace Hardware, subject to the following conditions: 1. The outdoor storage shall be located as indicated on the site plan. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. Passed this 11t~ day of April 2005 Offered by: Seconded by: Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P. 34 CITY OF COLUMBIA HEIGHTS PLANNING REPORT TO CITY COUNCIL CASE NUMBER: DATE: TO: APPLICANT: LOCATION: REQUEST: PREPARED BY: 2005-0402 April 11,2005 Columbia Heights City Council Dan Terzich, Frattallone's Hardware Store 2261 37th Avenue NE Conditional Use Permit for Seasonal Sales Patrick Smith, AICP, Senior Planner Introduction Frattallone's Ace Hardware has applied for a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. According to Section 9.607 of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that a seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center for 90 days, from April 15th through July 15th (see attached letter). The attached site plan illustrates the 21'x48' 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. The greenhouse will displace approximately seven parking spaces. This will be the Frattallone's 12th year operating a temporary greenhouse at this location in Columbia Heights. Planning Considerations Consistency with Comprehensive Plan The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. P. 35 City of Columbia Heights City Council April :L1, 2005 | ~LLallUl Il=; ::~ t.~l ~e, ,, ,uu~ - ~u, ~u,uu,,a, Use Perm it Case # 2005-0402 Consistency with Zoning Ordinance The Zoning Map classifies the property as GB - General Business. Retail uses are allowed in this zoning district. The Frattallone's proposal will impact approximately seven 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. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. Findings of Fact Section 9.408 of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator: Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the GB - General Business District. The use is in harmony with the general purpose and intent of the Comprehensive Plan: The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as greenhouses, is a permitted use in the commercial areas. 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 garden center as proposed will have no impact on the use of adjacent properties. 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: Frattallone's has been operating a seasonal greenhouse at this location for 10 years, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 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 utilities. 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 traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. Page 2 City of Columbia Heights City Council April 11, 2005 Frattallone's Greenhouse - Conditional Use Permit Case # 2005-0402 The use will not cause a negative cumulative effect on other uses in the immediate vicinity: As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 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 GB General Business District. Recommendation On a vote of four ayes, the Planning Commission voted to recommend that the City Council approve the Conditional Use Permit, subject to conditions of approval outlined below. 1. The outdoor storage shall be located as indicated on the site plan. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. Attachments · Location Map · Site Plan · Applicant Narrative P. 37 Page 3 I t'--21 COLUMBIA HEI'GHTB · ~...~j~..~rCOMMUNITY DEVELOPMEN "" EXISTING LAND USE 'M Existing LEGEND Land [.[se: Acres: %of Total: ~ Townhomes 18.4 0.79% Aparmaents 61.23 2.61% I Commercial 123.30 : 5.31% I'~ ~'4 Condominium 17.56 0.76% I I Industrial 91.89 3.93% I t Single FamilvReside~tial 1,014.88 43.78% I .......... I Two Family Residential 77.67 3.34% I ,~a~:~q Vacant 6.77 0.29% I Park 119.89 5.16% " I I Church 16.09 0.69% ' I I Institutional 62.05 2.77% '"'Public: ~ Right-of-Way 519.80 22.37% Non-City Land: ~ CityofHilltop ' 69.32 I I City of Minneapolis 72.27 TOT~.LS: 2323.49 I Water Features 54.18 Acres ~ Pamel Lines NCity Limits 2.92% 3.04% 100.00% ~ urccs: OO~,[y of Columbia Heights - J Community Development DcpartmcmJ' Engineering Deparlmcnt [ (G.LS. Division) I I Frattallone's Ace HardWare Stores February 8, 2005 Pat Smith City of Columbia Heights Community Development Department 590 40th Avenue NE Columbia Heights, MN. 55421-3878 Fax 763-706-3671 RE: Conditional Use Permit Dear Mr. Smith: We are planning to display a flower tent for the purpose of selling green and flowering plants. The tent will be 23' x 48' in size. We will have it installed on April 15th and removed by July 15th. It will be placed in the southeast comer of the parking lot. Sincerely, Dan Terzich Store Manager Frattallone's Hardware Stores, Inc. P. 39 ..I' 0 CITY COUNCIL LETTER Meeting of: April 11, 2005 AGENDA ORIGINATING CITY MANAGER SECTION: .~' ~l ~/,~ DEPARTMENT: APPROVAL NO: Fire ITEM: Establish Hearing Dates BY: Gary Gorman B . License Revocation, Rental Properties DATE: April 6, 2005 DATE: NO: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental proPerty for failure to meet the requirements of the Residential Maintenance Codes. 1. Jude Akassap ................................................................. 4247-4249 2nd Street N.E. RECOMMENDED MOTION: Move to establish a hearing date of April 25, 2005 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Jude Akassap at 4247 2na Street N.E. COUNCIL ACTION: P. 41 CITY COUNCIL LETTER Meeting of: April 11, 2005 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER g-- A-q NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ~)~Y"X,. DATE: BACKGROUND/ANALYSIS Attached is the business license agenda for the April 11, 2005 City Council meeting. consists of applications for ContraCtor licenses for 2005. This agenda At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for April 11, 2005 as presented. COUNCIL ACTION: P. 42 TO CITY COUNCIL April 119 2005 *Signed Waiver Form Accompanied Application 2005 BUSINESS LIcENsE AGENDA CONTRACTORS LICENSES BLDG *Greg Wills Exteriors *Earth Wizards Inc. *Eagle Tree Service Inc. Kiwitek Construction . *Northern Htg & AC *A.C. Tompkins Plumb *Hokanson Plmb & Htg. *Albrecht Sign Co * Signs By Tomorrow *G.R. Danielson & Son *Matthews Plumbing Inc *Air Comfort Heating - 4246 Royce St NE, Col. Hts. 1071 Co. Hwy 10 #150, Sp Lk Pk 8637 225th Ave NW, Bums Twn 701 Skillman Ave, Roseville 9431 Alpine Dr NW, Ramsey 16445 221st Ave NW, Elk River 9174 Isanti St, Blaine 12437 Magnolia Cir, Coon Rapids 6530 University Ave, Fridley 15012 Raven St NW, Andover 695 6th St E., Cokato 19170 Jasper St NW, Anoka $60.00 $60.00 $60.0O $60.00 $60.00 $6O.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 P. 43 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number IIZ2-/g through II~t~Z~ in the amount of $ [011 ,~0~P-21 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. P. 44 ACS FIN~CI~ SYSTEM CITY OF COL~BIA HEIGHTS 04/07/2005 14:41:49 Check History GL050S-V06.60 CO~RPAGE GL540R * *** L E A N N O *** * * *** L E A N N 0 *** * *** L E A N N 0 *** * * *** L E A N N O *** * ******************************************************************************* Report Selection: Optional Report Title ....... 04/11/05 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids ........... Check Number ................ Pro~ect ..................... Ven_or ...................... Invoice ..................... Purchase Order .............. Bank ........................ x~ucher .................... · ~ .eased Date ............... ~ared Date ................ thru thru thru thru 112275 thru 112434 thru thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J LEANNO 01 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 04/07/2005 14 Check History GL540R-V06.60 PAGE 1 04/11/05 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT STEFFEN BRADLEY REAL ESTATES INC BRAY/LIZ CE&D COCA-COLA BOTTLING MIDWE COLUMBIA HEIGHTS I DELASHMIT/ELANA DEX MEDIA EAST LLC ESCHELON FERREIPJk/MICHELLE FINNEY/JOAN FP~AENKEL/NATHALIE GAUGHAN/JOE GOFF/AARON ICC ASSOC OF BLDG OFFICI ICC DISTRIBUTION CENTER JATU/SHOBA JOHNSON BROS. LIQUOR CO. KIWI KAI IMPORTS KUETHER DIST. CO. LEAGUE OF MINNESOTA CITI MEDICINE LAKE TOURS MN DEPT OF ADMINISTRATIO MN BEC & PK ASSOC - MRP NELSON/BETTY PHILLIPS WINE & SPIRITS PLEAA-PROF LAW ENF ASSIS QUALITY WINE & SPIRITS ST LOUIS PARK POLICE DEP VERIZON - ATTN: PREPAY D VERIZON WIRELESS WILLIAMSON/SVETLANA XCEL ENERGY (N S P) XOTIK BEVERAGES WELLS FARGO - PAYROLL AC WELLS FARGO BANK ACE ICE COMPANY ALL SAFE FIRE & SECURITY ALONZO/RODOLFO AMERICAN BOTTLING COMPAN B.K. ENTSMIRGER CENTER POINT ENERGY CHEVY GRILL CHISAG0 LAKES DISTRIBUTI CHUTNEY INDIAN GRILL CITY WIDE WINDOW SERVICE CREST VIEW CORPORATION 112275 45,000.00 112276 11,683.15 112277 16.78 112278 222.00 112279 1,307.60 112280 5,534.05 112281 6.00 112282 161.90 112283 153.15 112284 6.00 112285 98.00 112286 6.00 112287 206.22 112288 12.00 112289 100.00 112290 61.99 112291 500.00 112292 30,157.62 112293 530.55 112294 53,771.20 112295 430.26 112296 3,731.00 112297 396.07 112298 60.00 112299 98.00 112300 6,782.02 112301 30.00 112302 17,731.11 112303 295.00 112304 37.50 112305 8.30 112306 10.00 112307 3,955.11 112308 319.00 112309 243,080.79 112310 6,450.16 112311 352.56 112312 51.04 112313 407.50 112314 189.29 112315 72.06 112316 10,479.77 112317 172.00 112318 4.,728.60 112319 400.00 112320 57.51 112321 1,000.00 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 04/07/2005 14 Check History GL540R-V06.60 PAGE 2 04/11/05 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT D'VINE WINE DISTRIBUTORS DRAGON HOUSE EAST SIDE BEVERAGE CO EL BUSTAN EL TEQUILA ELLGREN/JIM EXTREME BEVERAGE FARNER-BOCKEN G & K SERVICES HAUSWIRTH/DAVID HENRY P HENRY HOHENSTEINS INC INCEMANSEN/CHRIS JOKNSON/THOMAS M KOCH/JENNIFER LOADER/REBECCA MCKERNON/CHARLENE MODEN/TANYA MOTION TELECOM MURZYN/JOHN MUSCOVITZ/PATRICIA NORDSTROM/RICHARD OFFICE DEPOT RASMUSSEN/BR3kD SACA SAHIB'S SCOTT/LARRY SYNOWCZYNSKI/STEVE TIEMANN,MICHAEL UDUPI CAFE VERIZON WIRELESS XCEL ENERGY (N S P) 500 CLUB ACE HARDWARE AMERIPRIDE ANOKA COUNTY LIBRARY ASPEN MILLS, INC. BAICER & TAYLOR BAKER & TAYLOR ENTERTAIN BARNES & NOBLE INC BATTERIES PLUS BIFF'S,INC. BOYER TRUCK PARTS BRADLEY & GUZZETTA LLC BUETOW AND ASSOCIATES IN CAMDEN PET HOSPITAL, INC CINTAS FIRST AID-SAFETY 112322 464.40 112323 436.00 112324 38,581.98 112325 120.00 112326 238.00 112327 325.00 112328 320.00 112329 6,986.44 112330 107.04 112331 134.00 112332 15.83 112333 7,023.95 112334 10.00 112335 50.66 112336 3.99 112337 97.77 112338 35.00 112339 375.00 112340 32.47 112341 82.00 112342 47.79 112343 131.98 112344 47.10 112345 500.00 112346 552.50 112347 284.00 112348 23.43 112349 146.89 112350 78.30 112351 106.00 112352 60.50 112353 13,681.83 112354 316.00 112355 37.71 112356 161.25 112357 456.95 112358 281.93 112359 2,676.26 112360 765.17 112361 100.00 112362 299.25 112363 332.05 112364 121.4! 112365 362.50 112366 4,564.85 112367 588.00 112368 137.27 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 04/07/2005 14 Check History GL540R-V06.60 PAGE 3 04/11/05 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT CITY PAGES CITY WIDE LOCKSMITHING COLUMBIA PARK MEDICAL GR COMN3kND SCHOOL, INC CONSTRUCTION BULLETIN DAHLGREN SHARDLOW & UBAN DISCOUNT STEEL INC EARL F ANDERSEN INC EBSCO PUBLISHING EMERGENCY AUTOMOTIVE TEC FLEX COMPENSATION, INC FLEXIBLE PIPE TOOL CO. FLOYD TOTAL SECURITY FORCE AMERICA G & K SERVICES GALE GROUP/THE GENUINE PARTS/NAPA AUTO GIS R3kNGERS GREGORY CONNOR CONSULTIN HARBOR FREIGHT TOOLS HENNEPIN CHIEF'S ASSOCIA IKON OFFICE SOLUTION INSTRUMENTAL RESEARCH IN INTEGRATED LOSS CONTROL IPC PRINTING KENNEDY & GRAVEN MENARDS CASHWAY LUMBER-F METRO FIRE METRO WELDING SUPPLY METROCALL - ATT MESSAGIN MIDWAY FORD MINNEAPOLIS OXYGEN CO. MN DEPT OF ADMINISTRATIO MN SPRING & SUSPENSION MORTON SALT NSRMAA O'GAR3k/AATDREW OFFICE DEPOT PAM OIL INC PATCHIN MESSNER & DODD PEPSI-COLA-7 UP PETTY CASH - REBECCA LOA PLAZA CLEANERS PROFESSIONAL INSPECTION PROFESSIONAL SERVICES PROSOURCE TECHNOLOGIES I ROCKHURST COLLEGE CONTIN 112369 900 112370 6 112371 129 112372 720 112373 209 112374 2,792 112375 16 112376 8,145 112377 5 112378 78 112379 178 112380 47 112381 80 112382 117 112383 681 112384 167 112385 294 112386 4,906 112387 350 112388 44 112389 100 112390 262 112391 150 112392 319 112393 251 112394 11,064 112395 364 112396 944 112397 61 112398 84 112399 248 112400 72 112401 37 112402 781 112403 3,734 112404 150 112405 45 112406 876 112407 88 112408 4,000 112409 219 112410 43 112411 8 112412 136 112413 157 112414 6,286 112415 437 00 39 00 00 00 00 31 12 20 38 5O 93 00 02 65 72 39 98 00 63 00 32 00 00 O8 47 40 O0 O9 72 49 32 00 35 45 00 00 49 95 00 00 42 2O 85 04 56 58 ACS FINANCIAL SYSTEM 04/07/2005 14 Check History 04/11/05 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT ROYAL TIRE SCHELEN GRAY ELECTRIC SCHINDLER ELEVATOR CORP SHORT ELLIOT HENDRICKSON SIGN LANGUAGE & GOLDEN A STATE TREASURER BLD STREICHER'S GUN'S INC/DO SUN PUBLICATION SUPERIOR FORD INC. THE SHOWCASE PLACE TRI STAR HOME IMPROVEMEN TUBBS/MARSHA U S POSTAL SERVICE VERIZON WIRELESS VIKING SAFETY PRODUCTS WATER ENVIRONMENT FEDEP~A WAYLAND AUDIO VISUAL ENT WW GRAINGER, INC ZARNOTH BRUSH WORKS, INC CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 4 CHECK NUMBER AMOUNT 112416 86 112417 145 112418 107 112419 20,722 112420 38 112421 1,522 112422 382 112423 217 112424 85 112425 360 112426 2,396 112427 9 112428 150 112429 31 112430 39 112431 95 112432 25 112433 357 112434 581 611,306 39 75 31 71 02 24 54 80 20 00 00 00 00 12 00 00 94 39 49 .21 *** ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 04/07/2005 14 Check History GL540R-V06.60 PAGE 5 04/11/05 COUNCIL LISTING BANK VENDOR REPORT TOTALS: CHECK NUMBER AMOUNT 611,306.21 RECORDS PRINTED - 00089~ ACS FINANCIAL SYSTEM 04/07/2005 14:41:52 FUND RECAP: FU1VD DESCRIPTION 101 201 212 225 240 250 261 411 412 415 420 431 601 602 603 604 609 652 701 720 88O r..n1 TOT_~x~ GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE CABLE TELEVISION LIBPJ~RY COL HGHTS AFTER SCHOOL EAIRI TWENTY-FIRST CENTURY GRANT CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPROVEMENT PARKS CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT CAP EQUIP REPLACE-GENERAL WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR SEWER CONSTRUCTION FUND CENTRAL GAP~AGE DATA PROCESSING PERMIT SURCHARGE CONTRIBUTED PROJECTS-GEN ESCROW FLEX BENEFIT TRUST FUN~ ALL FUNDS Check History DISBURSEMENTS 46,076 16 699 24 371.89 362 50 6,410 99 10 00 16 78 4,564 85 34 65 20,722 71 23,975 24 49,439 10 2,275 29 926 33 50 00 117 14 194,494 91 2,350.36 7,801.56 818.00 1,522.24 100.00 239,390.51 8,775.76 611,306.21 CITY OF COLUMBIA HEIGHTS GL060S-V06.60 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 611,306.21 611,306.21 CITY COUNCIL LETTER Meeting of: April 11, 2005 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: "~- A- i Commurrity Development APPROVAL ITEM: Ord/nanceNo. 1484, Amendment ofOrd #1428 BY: Patrick Smith BY' ' ~ (Zon/ng & D ev Ord/nance)rezoning 4045 Van Buren DATE: April 6, 2005 ~, ./'~'~,,,-~ from Central Bus/ness (CBD) to Multi-Family (R3) Back~round: This is a request to rezone the property located at 4045 Van Buren Street NE from Central Business (CBD) to Multi-Family Residential (R3). A rezoning requires the City Council make the necessary findings identified in the Zoning Ordinance in order to approve a rezoning request. One of the findings is consistency with the City Comprehensive Plan, which guides the subject property Transitional Development. The purpose of the Transitional Development designation is to create neighborhood linkages, provide appropriate transitions, create pedestrian circulation and safety, and strengthen the residential character. The proposal to rezone the subject property to Multi-Family meets the purpose identified above and fits with the overall goals of the City and the Transitional Development designation. Recommendation: The Planning and Zoning Commission held a public hearing on April 5, 2005, and unanimously recommended approval of this rezoning request. Staff also recom_mends approval of Ordinance No. 1484, which is an ordinance rezoning the subject property at 4045 Van Buren Street NE from Central Business (CBD) to Multi-Family Residential (R3). Recommended Motions: Move to waive the reading of Ordinance No. 1484, there being ample copies available to the public. Move to establish April 25, 2005, at approximately 7:00 pm as the second reading of Ordinance # 1484, being an ordinance amending Ordnance # 1428; pertaining to Zoning and Development Ordinance, rezoning of certain property at 4045 Van Buren Street NE. 4ttachments: Ordinance No. 1484; Planning, Re?orr to Council; Rezoning Area Map COUNCIL ACTION: P. 52 ORDINANCE NO. 1484 AN ORDINANCE AMENDING ORDINANCE NO. 1428 (ZONING ORDINANCE) OF THE CITY OF COLUMBIA HEIGHTS BY REZONING CERTAIN REAL ESTATE WITHIN THE CITY OF COLUMBIA HEIGHTS FROM CENTRAL BUSINESS (CBD) TO MULTI-FAMH~Y RESIDENTIAL (113) Section 1: Section 2: Section 3: That certain property legally described as: Lot 27, Block 61, Colmnbia Heights Annex, Anoka County, Minnesota; PEN# (35-30-24-41-0057); and To aufl~orize and direct staff to amend the official zoning map to reflect the change in zoning from Central Business (CBD) to Multi-Family Residential (R3), upon the effective date of said ordinance. This ordinance shall be in full force and effect fi:om and after 30 days after its passage. First Reading: April 11, 2005 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Cleric P. 53 CITY OF COLUMBIA HEIGHTS PLANNING REPORT TO CITY COUNCIL CASE NUMBER: DATE: TO: APPLICANT: LOCATION: REQUEST: PREPARED BY: 2005-0404 April 11, 2005 Columbia Heights City Council City of Columbia Heights 4045 Van Buren St. NE Rezone property from CBD-Central Business District to R-3 Multi- Family Residential Patrick Smith, AICP, Senior Planner Introduction Diane Toms, the property owner of 4045 Van Buren St., is in the process of selling her house. However, the property is zoned Central Business District, which prohibits single-family residences. The single-family residential use is a legal non-conforming use. By rezoning the property to R3-Multi-Family Residential, the property would be consistent with the zoning of the other single-family residences in the surrounding vicinity. In addition, the rezoning would bring the existing use into conformance with the zoning ordinance and remove barriers for selling the property. Planning Considerations Consistency with Comprehensive Plan The Comprehensive Plan designates the property for transitional development, which guides the area for a mixture of commercial and residential uses. The proposal is consistent with the intent of the City's Comprehensive Plan. Consistency with Zoning Ordinance The Zoning Map classifies the property as CBD - Central Business District. Multi-family residential uses are only permitted above the first floor of commercial uses. The existing single-family residential use is a legal non-conforming use. This designation imposes a number of constraints on the property. First, a non-conforming use cannot be expanded or enlarged. Second, the single-family residence must be used for a commercial use if the residence is vacated for more than a year. Finally, if the residence was ever destroyed by fire or other natural causes, the property owner could only redevelop the property for commercial unless building permits were applied for within 180 days of when the property was P. 54 City of Columbia Heights City Council April ::L1; 2005 Van Burerl - damaged. Findings of Fact Section 9.406 of the Zoning Ordinance outlines 4 conditions that must be met.in order for the City to rezone property: · The amendment is consistent with the City Comprehensive Plan. The Comprehensive Plan currently designates this property for Transitional Development. Single- and multi-residential uses are consistent with the Transitional Development designation of the Comprehensive Plan. · The amendment is in the public interest and is not solely for the benefit of a single property owner. Staff believes that the public is best served if the single-family use is a conforming use and property owners are able to reinvest in the property without the constraints that a non-conforming designation holds on the 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 the proposed rezoning will be consistent with the surrounding land uses. The three single-family residential properties to the north are all zoned Multi-family residential and all of the properties across Van Buren Street are zoned Multi-family residential, except the bank on the corner of 40th Avenue and Van Buren Street. · There has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. Staff is unsure why this property was zoned CBD while the three single-family residences to the north are zoned R-3. The City is focusing its commercial redevelopment efforts along Central Avenue and currently would discourage commercial development along this block of Van Buren Street. Recommendation On a vote of four ayes, the Planning Commission voted to recommend that the City Council approve the rezoning of 4045 Van Buren St. NE, from CBD, Central Business District, to R-3, Multi-Family Residential, as the proposal is in the best interests of the public. Attachments · Zoning Map P. 5 5 Page 2 COLUMBIA HEIGHTS COMMUNITY 3EVELOPMENT ZONING MAP LE GE N Zoning Designations: Reaidmltial: R-I - Siugle Family Rcsidm~tial District R-2 - One endTwe Family Res[demial District R-3 - Multiple 'Family Re~idm~tial District R4 - Multiple Family Re~ideatial District Cmmcrcial: ~ LB - Limited Busiucss District ~ CBD - Cm'itral B,.&qincss Districl ~ OB - Gm,cml Bualncss District Mixed: ~ M'XD - MixcdUseDistrict lndestricl: I - Industrial District I-2 - Iudm~ial District Public: ['---'] Ri§ht-of-Way Nm~,-Cib' Lend: ~ City of Hilltop D Aercs:% of Total: 512.58 22,06% 718.52 30.92% 180.66 7.77% 32.55 1,36% 25.92 26.11 84.95 21.55 116.62 9.~ 522.01 69.32 1,12% 1.13% 3,59% 0.91% 5.02% 0.42% 22.46% 2.98% TOTALS: 2363 P'-7'] P-Parks ~ Water F eamrc~ (~J.24 /~ Parcel Lines ~VCity Limits 100,00% 135 270 540 810 1,080 Fc~t CiTY OF FRIDLEY CITY OF FRIDLEY I I I Meeting of: April 11, 2005 AGENDA SECTION: Items for Consideration, Other ORIGINATING DEPARTMENT: CITY MANAGER'S Ordinances and Resolutions Community Development APPROVAL NO: ITEM: Resolution 2005-18, Lot Split BY: Patrick Smith BY:~/~~ Resolution 2005-17, Lot Width Variance DATE: April 6, 2005 Case #: 2005-00401, 1010 43 ½ Ave. NE BACKGROUND: An application has been made by Greg Anderson, the owner of the property at 1010 43 ½ Avenue NE, for a lot split of the one parcel into two single family lots. Mr. Anderson proposes that the existing stmctm'e will remain on the single-family lot and that she will sell the vacant lot to a builder. With the exception of the lot width, the proposed split would allow for the resulting parcels to be in confonr~ance with all City requirements including setbacks, lot coverage and lot size. These requirements are detailed in the attached Council planning report, along with Findings of Fact supporting the lot width variance request. Section 9.410(4) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on April 5, 2005 and voted to recommend City Council approval of the lot split and lot width variance as they are consistent with City's Comprehensive Plan and zoning and subdivision standards. RECOMMENDED MOTIONS: Move to waive the reading of Resolutions 2005-17 and 2005-18, there being ample copies available to the public. Move to adopt Resolution 2005-17, a resolution approving a lot width variance and Resolution 2005-18 approving a lot split of the property at 1010 43 ½ Avenue NE, subject to the following conditions of approval that are deemed necessary to protect the public interest and ensure compliance with the provisions of the Zoning Ordinance: The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anolca County Recorder's Office. Upon approval of a minor subdivision, the applicant shall be responsible for filing the subdivision survey with the Anoka County Recorder's Office. The minor subdivision shall become invalid if not filed with the Anoka County Recorder within one (1) year of the date of the City Council action. The applicant shall pay parkland dedication fees in the amount of $3,193 for the newly created lot. This fee is payable at the time of building permit. Prior to issuance of a building permit, the applicant shall submit a drainage plan for Public Works' approval, directing storm water runoff from impervious surfaces to the street or ponded on site. Attachments: Resolutions 2005-17 and 2005-18, Planni~g Report to Council, Location Map, Certificate of Survey COUNCIL ACTION: A RESOLUTIOIN APPROVING A LOT WIDTH VARIAIN~JE l?KOiVl 00 IYEE'I' 'l'O ~ IYlSE ! AT 1010 43 ~ AVENUE NE, P.C. NO. 2005-0401 Wl~,REAS, the applicant has requested a variance from the Ordinance to create a legally developable single family lot at their property, legally described as: That part of the East Half of Lot 36, Block 2, Reservoir Hills, which lies southerly of the north 176.5 feet thereof; and wm~,~AS, the applicant's lot is located in the R2 One and Two Family Residential district, which requ/res lot widths of 60 feet; and WltEREAS, the applicant presented his argument of creating a 55-foot wide single-family lot to the Planning Commission; and W[W, REAS, the Planning Commission held a public hearing on the matter at its meeting of April 5, 2004, and moved to recommend to City Council approval of the requested lot width variance. NOW, TltEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights, Minnesota hereby approves the request for a lot width variance from 60 feet to 55 feet for the property legally described as That part of the East Half of Lot 36, Block 2, Reservoir Hills, which lies southerly of the north 176.5 feet thereof. The approval of the variance is based upon the following Findings of Fact: 1. The unique shape of the lot causes an undue hardship to the property owner because the backyard has httle use, excessive sidewalk maintenance, and possible double street maintenance assessments. 2. The lots in the vicinity of the subject parcel have already been subdivided, and the majority of these lots have lot widths of 55 feet or less. 3. The applicant did not create the hardship of an extremely long lot with double frontage. 4. The variance granted will not alter the essential character of the locality and will be in keeping with the spirit and intent of the Zoning Ordinance. Passed this 11~ day of April 2005 Offered by: Seconded by: Roll Call: Attest: Mayor Gary L. Peterson CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Greg Anderson, hereby request a split of PIN 36-30-24-22-0132 Legally described as: The east half of Lot 36, Block 2, Reservoir Hills, Columbia Heights, Anoka County, Minnesota THE DESCRIPTIONS HENCEFORTH TO BE: Parcel A Legally described as: The north 178.5 feet of the east half of Lot 36, Block 2, Reservoir Hills, Columbia Heights, Anoka County, Minnesota Parcel B Legally described as: That part of the east half of Lot 36, Block 2, Reservoir Hills, Columbia Heights, Anoka County, Minnesota, which lies southerly of the north 176.5 feet thereof. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (1) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: This 5th day of April, 2005 Offered by: Peterson Seconded by: Fiorendino Roll Call: All Ayes Zoning Officer CITY COUNCIL ACTION: Signature of Owner, Notarized Owner's Address T~ephone No. SUBSCRIBED AND SWORN TO BEFORE ME this __ day of ,2005 Notary Public This 11'h day of April, 2005 Offered by: City of COLUMBIA HEIGHTS ~MU NITY DEVELOPM E XISTINGM USE A ~ E G E N D Use: Acres: % of Total: Townhomes 18.4 0.79% Apartments 61.23 2.61% Commercial 123.30 5.31% Condominium 17.56 0.76% Industrial 91.89 3.93% i Single FamilvResidential 1,014.88 43.78% I Two Family Residential 77.67 3.34% I Vacant 6.77 0.29% Park 119.89 5.16% Church 16.09 0.69% I lnstitutiona 62.05 2.77% [ Right-of-Way 519.80 22.37% d: Ii City of Hilltop 69.32 2.92% City of Minneapolis 72.27 3.04% TOTALS: 2323.49 [ Water Features 54.18 Acres · Lines ~VCity Limits ights - menl Deparlmen lent 100.00% [-3 ~ CASE NUMBER: DATE: TO: APPLICANT: LOCATION: REQUEST: PREPARED BY: 2005-0401 April 11, 2005 Columbia Heights City Council Greg Anderson 1010 43 ¼Avenue NE Subdivide one residential lot into two lots with a lot width variance Patrick Smith, AICP, Senior Planner Tntroduction Greg Anderson, the owner of the property at 1010 43 ½ Avenue NE, has made an application for a lot split of the one parcel into two one single family lots. Mr. Anderson plans to sell the newly created vacant lot to a builder. Section 9.410 of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission, which shall then recommend that the City Council either approve or deny the proposed lot split. Planning Considerations Consistency with Comprehensive Plan The City Comprehensive Plan designates this area for Iow density residential development. The proposed lot split will create two lots that continue to be consistent with this designation and the surrounding properties. ' Consistency with Zoning Ordinance The lot at 1010 43 ½Avenue NE is zoned R-2 One and Two Family Residential and is surrounded on all sides by properties zoned R-2. The lot split meets all of the lot area, setback and lot coverage requirements for the R-2 Zoning District, except lot width. Section 9.903 of the Columbia Heights Zoning Ordinance regulates lot area, setback, height and lot coverage requirements and Section 9.603 regulates accessory structures and lot coverages. Applicable requirements are as follows: northern lot Wltl~ the existing single-family, WOUIQ contain u,uou square fee[ anu r-a~cu~ D, the vacant lot would contain 7,342 square feet. · Minimum lot width shall be 60 feet. The existing lot is 55 feet in width. The variance section below discusses the minimum width requirement in more detail. · Yard setbacks shall be as follows: Front yard - 25 ft; side yard - 5 ft.; rear yard - 20% of lot depth; detached accessory structures - 3 ft. from side and rear property lines. All of the setbacks of existing structures on both properties will continue to meet these requirements. Any new structures that may be built subsequent to the lot split must also meet these requirements. · Lots greater than 6,500 sq. ft. in area may have a lot coverage of up to 30 percent: Currently, the lot at 1010 43 ½ Avenue NE has a lot coverage of 10 percent. After the proposed lot split, Parcel A would have a lot coverage of 19 percent. Any new structures that may be built subsequent to the lot split must also meet the lot coverage requirement. Findings of Fact - Lot Split 1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision will create two residential lots, one of which will be developable. 2. The proposed subdivision of land does not involve the vacation of existing easements. The proposed subdivision does not involve vacating existing easements. 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. As detailed above, the lots conform to the minimum requirements of the R-2 Zoning District with the exception of the lot width requirement. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. The proposed subdivision does not require any dedication of public right-of-way. The property has not previously been divided through the minor subdivision provisions of this Ordinance. City records do not show that there have been any previous minor subdivisions of the property. 6. The proposed subdivision does not hinder the conveyance of land. The proposed subdivision will not prohibit the conveyance of land. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. As long as the applicant records the lot split with Anoka County in accordance with all City and County requirements, this finding will be met. The proposed subdivision meets all of the design standards specified in the Section 14 (Subdivision Regulations). The proposed subdivision meets the requirements of the Subdivision Regulations. Findings of Fact - Lot Width Variance Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. The subject lot is extremely long at 280 feet by 55 feet. Strict adherence to the ordinance causes an undue hardship to the property owner because of the unique shape; the backyard has little use to the property owner. In addition, having a double frontage lot is not good planning practice because of sidewalk maintenance and double street maintenance assessments. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This area of the City was platted with extremely long lots. The 44 ½ and 43 ¼ Avenue cul-de-sacs were installed to allow for the subdivision of these long lots into smaller lots. The lots in the vicinity of the subject lot have already been subdivided. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having a legal interest in the property. The applicant did not cause the hardship of an extremely long lot with double frontage. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The proposed lot split is consistent with the Comprehensive Plan and the surrounding neighborhood. The newly created vacant lot at 7,342 square feet will be larger than the minimum lot size for a single-family residence of 6,500 square feet. In addition, the majority of the lots along 43rd Avenue are 55 feet wide or less. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The proposed newly created lot will have the same or larger lot width as the majority of the lots along 43rd Avenue. Moreover, a new house will have to meet the building setback requirements of 25-foot front yard setback, and 5-foot side yard setback. Recommendation On a vote of four ayes, the Planning Commission voted to recommend that the City Council approve the lot split and lot width variance, subject to conditions of approval outlined below. The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. Upon approval of a minor subdivision, the applicant shall be responsible for filing the subdivision survey with the Anoka County Recorder's Office. The minor subdivision shall h,~rnrn~ inv~liH if nnf fil~d with fhP. AnnkR ~n~lnfv RP. corder within one (1/year of the date of I ll~ i::ItJ~JIIL;~IIL UII~II IJi::l~/ ~Ji::tll~li::lllU LIUUIL;i::ILIUII I1::¢~ III LI]~ i::IIIIUUIIL UI q)O~ I~0 IUI tll~ Ilt~VVl.,V created lot, This fee is payable at the time of building permit. Prior to issuance of a building permit, the applicant shall submit a drainage plan for Public Works' approval, directing storm water runoff from impervious surfaces to the street or ponded on site. Attachments · Location Map · Certificate of Survey · Applicant Narrative I ! I t '%.. F..,XlSTIN(~ PROPERTy DESCI~,IPTION PARCEL $'A' PROPERTY DESCRIFTION PARCEL "B~ PROPERTY DI~CIIlPTION I 1 1 I I 1 I .I I I DEVI~LOPi'tlEN'T DATA ~h · EEC