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HomeMy WebLinkAboutMay 3, 2005 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TOO (763) 706-3692 Visit Our Wehsite at: www.ci.co/umhia-heixhts.mn.us PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, MAY 3, 2005 CITY HALL COUNCIL CHAMBERS 590 40TH AVENUE NE 1. Roll Call 2. Minutes from the Planning and Zoning Commission Meeting of April 5, 2005 3. Public Hearings: NONE 4. New Business: o Planning Commission Training 5. Other Business: NONE 6. Adjourn MEMBERS: Marlaine Szurek, Chair Donna Schmitt Rob Fiorendino Mike Peterson\ David Thompson EQUAL OPPORTUNITY EMPLOYER -Mt\ffWlffiUelD'~&;'};t;WJ2mf~bbm~&~~\A&r1f~~~QIQ5o\Mfff<iaI3~9~~~a%:,~R't OR THE PROVISION OF SFRVICFS CI'TY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TOO (763) 706-3692 Visit Our Wehsite at: li'Ww.ci.co/umhill-heights.mn.us Mayor: Gary L. Peterson Councilmembers: Bobby Williams Tammera Ericson Bruce Kelzenberg Bruce Nawrocki City Manager: Walter R. Fehst COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT TO: Planning Commission FROM: Patrick Smith, Senior Planner DATE: May 3, 2005 RE: Variances, Non-Conforming Uses and Lots, Bulk Requirements, Subdivision Requirements, Building and Site Plan Reviews This is the last of three training sessions for the Planning Commission. We will cover Variances, Non-Conforming Uses and Lots, Bulk Requirements, and Subdivision Regulations. Please review pages 71-82 and 91-114 in your Planning Made Easy notebook. Variances - A variance is a minor exception to the zoning regulations that, if granted by the City Council, allows an applicant to do what could not otherwise be legally done. Variances are a quasi-judicial decision. This means that the variance process is treated somewhat like a regular trial in court; therefore, there are strict rules on how a variance procedure is conducted. Here are four procedural rules that must be followed: 1. The Zoning Ordinance lists five "findings of fact" that must be met in order to grant the variance (Section 9.407). 2. The burden is on the applicant to show why the application meets the standards for vanances. 3. Regardless of the opinions of people present at the variance public hearing, the attention of decision makers must remain focused on the standards governing variances and upon the testimony as it relates to those standards. 4. Variances require a public hearing to be held by the Planning Commission, which recommends approval or denial to the City Council. A notice is placed in the Sun Focus 10 days in advance of hearing and notices sent to property owners within 350 feet of the subject property. G: \Community DevelopmentlPlanning & Zoning\Education \2005\May- Training #3- Variance, non-conforming, subdivision. doc THE CITY OF COL.UMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Below are some State law requirements regarding variance requests: . Variances may be granted from the Zoning Ordinance if enforcement would cause undue hardship to the property owner. . "Undue hardship" means: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the zoning ordinance. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality, and 4. Economic considerations alone will not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. . The applicant has a heavier burden to establish the need for a variance than a conditional use permit because a variance allows something that is otherwise prohibited by the ordinance. . Variances from the Ordinance are possible for structures only and cannot be granted for a use, which is not permitted in the applicable zoning district. . Like C.u.P.s, variances are attached to the property and not the applicant. It remains in effect as long as the conditions are met. . Broad discretion is permitted when denying a request for a variance, but there must be legally sufficient reasons for the denial. . An applicant cannot rely on similar variances granted more than a year before. Non-Conformities - Chapter 5 of the Zoning Ordinance regulates non-conformities. Non- conformities occur when new zoning text or map amendments are adopted and existing uses, structures or lots do not meet the new regulations. This results in legal non-conforming uses, structures and lots. The Planning Made Easy handbook defines non-conforming uses and lots. However, the City's Zoning Ordinance differentiates between non-conforming lots and non-conforming structures. Non-conforming uses - An example of a non-conforming use is if the City amended the zoning text in CBD zoning district and prohibited automotive repair uses. Any existing automotive repair businesses would be considered a legal non-conforming use. Another example is if the City amended the zoning map and changed all R-2 (single and double- family) areas to R-l (single-family). Existing duplexes would be considered legal non- conforming uses. NOll-collforming lots- An example of a non-conforming lot is if the City changed the minimum lot size requirement for the R-l zoning district from 8,400 square feet to 10,000 square feet. Any lot less than 10,000 square feet in the R-l zoning district would be a legal non-conforming lot. Non-conforming structures- An example of a non-conforming structure is if the City changed the minimum front yard setback in the R-l from 25 feet to 30 feet. Every residence that had a front yard setback less than 30 feet would be considered a legal non-conforming structure. NOIl-collforming site improvemellts- The City of Burien required a non-conforming site improvement (including landscaping, parking, signs, design features, and impervious surface coverage) to be brought into conformance with the Zoning Ordinance whenever a business expanded. Columbia Heights does not have such a provision. City Regulations - Legal non-conforming uses and structures may be continued as they existed when they became non-conforming. Non-conforming uses may not expand in size or intensity, and ifthe use reduces in size, intensity or becomes more conforming in any way, it may not again be expanded or become less conforming. Minor repairs and maintenance are permitted for non-conforming uses and structures. State Law- The City's Zoning Ordinance requires non-conforming uses to become conforming if the use has been discontinued for six months, and non-conforming uses and structures to become conforming if they are damaged or destroyed more than 50% of the assessed value. State law was recently passed that supercedes the City's Zoning Ordinance. Instead of requiring non-conforming uses to be brought into conformance after six months of vacancy, State law extended that period for a year. Moreover, if a structure is destroyed by more than 50%, State law gives the property owner six months to apply for a building permit to reconstruct the non-conforming use or structure. Amortization- is when a municipality specifies a certain date in which non-conforming uses or structures must come into compliance with the Zoning Ordinance. Minnetonka had an amortization on mother-in-law apartments. St. Louis Park amortizes non-conforming signs, parking lots, bufferyards, and outdoor lighting. A new State law prohibits municipalities to establish or enforce the amortization of non-conforming uses, except adult-only businesses. Bulk Requirements - The Planning Made Easy notebook does a good job at describing height and bulk requirements. Take a look at the City's requirements for residential and commercial uses. Does anything stand out as being odd? We will discuss some of these at our meeting. Subdivision Regulations - The regulations for the division ofland and provision of public improvements (storm sewer, water, electricity, etc.) are established in the subdivision ordinance. This ordinance establishes minimum standards for lot and street design, storm water drainage, park dedication, required improvements and other similar items. The regulations of subdivisions, as with all of planning, are based on the police power of cities to protect the public health, safety, and welfare. Preliminary Plat - Preliminary and Final Plats are required for all major residential and commercial subdivisions. A preliminary plat is a detailed set of maps, showing: lot and street layout, connections to utilities, the location of natural features and topography, and the location of nearby parks and recreational facilities. The preliminary plat is reviewed by the Planning Commission for evaluation of its compliance with subdivision regulations. The Planning Commission makes the final decisions on building and site plan reviews. Public hearings are not required. The commission certifies that development proposals meet the standards of the zoning district such as parking, traffic, landscaping, architecture and building materials, pedestrian pathways, etc. In addition, the commission reviews any impacts that developments may have on topographical features and adjacent properties. Because of the City's Design Guidelines, the process often allows considerable discretion to be exercised by the Planning Commission since it may deal with hard-to-define aesthetic and design consideration. Section 9.413 of the Zoning Ordinances lists four findings that the Planning Commission must make in order to approve a building and site plan: a) The site plan conforms to all applicable requirements of this Ordinance. b) The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. c) The site plan is consistent with any applicable area plan. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. Planning Commission also holds public hearings on preliminary plats before making a recommendation to the City Council. The Commission often recommends that various conditions be placed upon the preliminary plat that must be fulfilled with final plat approval or development. For example, the Commission may condition preliminary plat approval on dedication of land for public parks and meeting City Engineering guidelines. The preliminary plat approval by the City is a significant milestone for the applicant because the City must approve a final plat that is in substantial compliance with the preliminary plat. Thus, after preliminary plat approval, the applicant can then proceed with some confidence that the City will approve a consistent final plat. If a preliminary plat is denied by the City Council, the developer has the right to appeal the decision in court. Final Plat - The final plat provides more detailed engineering and design drawings but does not include significant changes in the development's overall layout and design from the preliminary plat. Although not required by state laws, the Planning Commission holds a public hearing and reviews final plats before submittal to the City Council. Minor Subdivision - Subdivisions of three lots or less are considered minor subdivisions and do not require preliminary and final plats. The Planning Commission holds a public hearing and makes a recommendation to the City Council. Planning Commission Review - When reviewing a subdivision, it is the Planning Commission's responsibility to ensure that both the technical details (with staff assistance) and the overall good of the community are taken into account. There may be many competing interests in a subdivision application. When this occurs it is helpful to remember the some priorities. The Planning Made Easy handbook lists five priorities for the Planning Commission when reviewing subdivision applications. 1. Ensure that development is compatible with community goals and objectives (i.e. the Comprehensive Plan). 2. Ensure the appropriate fit between the character ofthe proposed subdivision and the Surrounding neighborhood. 3. Ensure that the community's public facilities and services will adequately serve the demands of the new subdivision. 4. Ensure that all sensitive environmental and historical assts of the community are protected. 5. Ensure that the infrastructure costs are carried, at least in part, by the new development and that the payment is legally assured. Timeline - Unlike other land use applications that must be acted upon the City within 60 days, a subdivision application shall be preliminarily approved or disapproved within 120 days from the date a complete application is submitted to the City. Building and Site Plan Reviews - Building and Site Plans are reviewed for multi-family structures over three units and all principal commercial, industrial and public buildings. The