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HomeMy WebLinkAboutApril 5, 2005 PLANNING AJ."\TD ZONING COMMISSION 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 Planner), Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of lv/arch 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 and is used residentially. Section 9.607 1-E of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. All ofthe 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 years, and will have an impact 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 packets. There were no questions or comments, so the Public Hearing was closed. 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 Clerk prior 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 20 feet from the retaining wall to allow for access of safety vehicles. All Ayes. MOT/ON 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 through 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 l)e of the Zoning Ordinance, temporary uses and structures are allowed as a Conditional Use. The proposal is consistent with zoning regulations. Planner Smith reported that the Fire Department has reviewed the proposal and has no concerns regarding it. PLAt"\JNING & ZONING COMMISSION 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 ofthe past ten years on a seasonal basis. Therefore, staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the display of the tent on the site to ensure removal at the end of the approved time period. 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 Conditional Use Permit for seasonal agricultural sales at 2261 37'h 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 ensure 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 PASSED. · Case 2005-0404 City of Columbia Heights Re: 4045 Van Buren St Rezoning Diane Toms, the property owner of 4045 VanBuren 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 rezoning the property to R-3 Multi- Family Residential, the property would be consistent with the zoning ofthe 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. 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 current 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 public 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 zoning 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. 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 his questions. Diane Toms of 4045 Van Buren St asked the Commission if the property is re-zoned ifit 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 Alulti 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 11 th for the first reading, April 25th for the second reading, and would take affect 30 days later. · Case 2005-0401 Greg Anderson 101043 Y2 Avenue NE Lot Split and Variance Greg Anderson, the owner ofthe property at 1010 43 Y2 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, which 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 surrounding properties. PLANNING & ZONING COMMISSION MINUTES MEETING OF APRIL 5, 2005 PAGE 5 The lot at 1010 43 Y2 Avenue 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 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 lot at 1010 43 Y2 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% oflot 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 Y2 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 right 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 requirements 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 Y2 and 43 Y2 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. PLANNING & ZONING COMMISSION MINUTES MEETING OF APRIL 5, 2005 PAGE 6 4. 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 ofthe lots along 43rd Avenue are 55 feet wide or less. . 5. The proposed newly created lot will have the same or larger lot width as the majority ofthe lots along 43rd 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 Columbia 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 Hearing. The Commission members asked Mr. Greg Anderson ifhe 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 underground, 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 ifhe 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 owner, Mr. Greg Anderson, ifhe 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. PLANNING & ZONING 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 of building permit. 4. Prior to issuance of the building permit, the builder shall submit a drainage plan to Public Works for approval that will show storm water runofffrom impervious surfaces must be directed to street or ponded on site. All ayes. l\lfOTI0N PASSED. NEW BUSINESS None. OTHER BUSINESS Planner Smith updated the Commission on the following items: 1. 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. 2. 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. 3. Galaxy Auto on 52nd and University contacted staff to obtain a Motor Vehicle Sales License. Smith informed 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. 4. 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. 5. Advanced Auto Parts has purchased the Mr. Steak property at 4545 Central Ave. They will be meeting with staff next week regarding their plans for the site. 6. Smith asked if the members noted the mission statement of the commission on the agenda cover letter. The members were happy with the wording. PLANNING & ZONING COMMISSION MINUTES MEETING 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 from Gary Peterson. After reviewing the colored zoning map, Peterson asked Smith what the norm or standard percentage of zoning 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. Alotion by Fiorendino, seconded by Peterson, to adjourn the meeting at 8:03 pm. All Ayes. Respectfully submitted, ~hrth~ ~t(v)~ Shelley Hanson U Secretary