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