HomeMy WebLinkAboutApril 5, 2005
CITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E.. Columbia Heights. MN 55421-3871\ (763) 706-3600 TOO (763) 706-3692
Visil OIlr Website al: \\'\\'\I'.ci.collllllbia-heiRhls.IIlIl.I1S
MEMBERS:
Marlaine Szurek. Chair
Donna Schmitt
Rob Fiorendino
Mike Peterson
David Thompson
PLANNING AND ZONING COMMISSION MEETING
7:00 PM TUESDAY, APRIL 5, 2005
CITY HALL COUNCIL CHAMBERS
590 40TH AVENUE NE
1. Roll Call
2. Minutes from the Planning and Zoning Commission Meeting of
March 1,2005
3. Public Hearings:
. Linder's Greenhouse, Conditional Use Permit - Temporary Sales
Case # 2005-0403/Linder's Greenhouse
. Frattalone's Greenhouse, Conditional Use Permit ~ Temporary
Sales
Case #2005-0402/Frattelone's Ace Hardware
. Rezoning 4045 Van Buren St. from CBD to R3 Multi-Family
Residential
Case #2005-0404/City of Columbia Heights
. Lot Split and Variance at 1010 43 Yz Ave. NE
Case #2005-0401/Greg Anderson
4. New Business: NONE
5. Other Business: Report from staff
6. Adjourn
The Responsibility of the Planning Commission is to:
. Faithfully serve the public interest.
. Represent existing and future residents, and base our decisions and recommendations
on the Comprehensive Plan and Zoning Ordinance.
. Recognize the rights of citizens to participate in planning decisions.
. Protect the natural environment and the heritage of the built environment.
. Exercise fair, honest, and independent judgment.
. Abstain from participation when they may directly or indirectly benefit from a planning
decision.
G:\Community Develooment\Planning & Zoning\Agendas\2005\AgriI2005 Agenda,doc
THE CITY OF COLUMBIA HEtGHTS DOES NOT"'DISCRIMINA'tE c'l"N THE BASIS OF ISABILlTY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
PLANNING & ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
MARCH 1,2005
7:00 PM
The meeting was called to order at 7:00 pm. By Chair Szurek.
Roll Call:
Present: Schmitt, Szurek, & Fiorendino
New Member: Mike Peterson was introduced
Resignation: Phil Baker submitted his resignation effective February 18,2005.
Also present were Pat Smith (City Planner), Shelley Hanson (Secretary), and Tami Ericson
(Council Liaison).
A motion was made by Schmitt, seconded by Fiorendino, to approve the minutes from February
1, 2005 as written. All Ayes. MOTION PASSED.
PUBLIC HEARINGS
None
NEW BUSINESS
Planner Smith held a training session on the Zoning Ordinance, Conditional Use Permits and
Rezonings. He gave a brief review of the duties and responsibilities of the commission that were
covered at the February meeting. The members then discussed some of the things they would
like to see added to the agendas which explain this to the General Public. They decided that the
wording should be kept simple and to the point as much as possible. Some of the ideas to
include were:
*Neutral Board that interprets the Ordinance and serves as an Advisory Board to the City
Council.
*Serves the Public Interest.
*Recognize rights of citizens to participate in planning decisions.
*Pay attention to how decisions affect long range planning.
*Protect integrity of natural environment and the heritage of the built environment.
*Exercise good judgment.
* Abstain from participation if there is a personal interest.
*Decisions are based on Comprehensive Plan & Zoning Ordinance, not on personal views.
He then went on to cover the new items being discussed.
PLANNING & ZONING COMMISSION MINUTES
PAGE 2
MARCH 1, 2005
Zoning Ordinance
The Zoning Ordinance regulates the use of the land. The text of the Ordinance contains the
regulations, and the map shows the location ofthe land use zones or districts within the city.
Municipalities are granted the power to adopt zoning regulations by State Statute.
The purpose of the Ordinance is to:
--Protect the public health, safety, morals, aesthetics, comfort, convenience and general welfare
of the community and its people.
--Implement the goals and policies included in the City's Comprehensive Plan.
--Divide the City into districts restricting and regulating therein the location, construction,
reconstruction, alteration, and use of structures and land.
--Protect the stability and character of residential, commercial, industrial and public areas of the
City and promote the orderly development of those areas.
--Provide and protect adequate light, air, privacy, and convenience of access to property.
--Provide a safe and efficient traffic circulation system for all modes of transportation and limit
congestion in the public right of way.
--Prevent overcrowding of land and undue concentration of structures by regulating the use of
land and buildings and the bulk of building in relation to the land and buildings surrounding
them.
--Provide for the capability of different land uses and the most appropriate use ofland
throughout the city.
--Provide for the effective administration ofthis Ordinance, including powers and duties of
officers and bodies, procedures and standards for land use approvals, and procedures for
enforcement.
--Establish a continuing system of review of this Ordinance to ensure it will be amended to meet
the changing needs of the City.
Planner Smith explained the three types of uses for each Zoning District. Permitted uses that are
allowed or listed in the Zoning Ordinance. Accessory uses that would be in addition to the
principal use. And Conditional uses that mayor may not be permitted depending on the
proposed use and its surroundings.
Conditional Use Permits
Conditional or Special use Permits (CUP's) allow uses that normally would not be permitted in a
specific zoning district if certain conditions or standards listed in the Zoning Ordinance are met.
The conditions are designed to ensure the use will not adversely affect nearby, existing uses.
When the City acts on an application for a conditional use permit, a temporary use permit, site
plan or variance, the City acts in its quasi-judicial capacity. Rather than making policy, the City
applies already existing policy to a particular set of facts. The City's decision will be upheld ifit
is made on both a legal and factual basis. He explained that the city has more authority or
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
MARCH 1,2005
discretion when preparing the Zoning Ordinance and the Comprehensive Plan and less power
when it comes to Plan Review, Conditional Use Permits, Variances, and Subdivisions and Plats
whereby the policies are already established and must be implemented.
If an application meets the standards listed in the Zoning Ordinance, it generally must be
approved. The courts will scrutinize the denial of a CUP more closely than the denial of a
rezoning or a variance because a CUP is permitted by the Ordinance, and the issue is simply
whether the standards have been met.
A conditional use permit is attached to the property and not the applicant. If a property is sold,
the conditional use remains in effect as long as the conditions are met.
The Planning Commission reviews the application and makes a recommendation to the City
Council for approval or denial of a CUP. A Public Hearing is held by the Planning Commission
after proper notice has been given. The Zoning Ordinance lists nine criteria that must be met in
order for the City to approve a Conditional Use Permit.
Rezonings and Zoning Amendments-
Rezonings are amendments or changes to the Zoning Ordinance. Rezoning is the change of a
zoning classification on the official zoning map. Zoning amendments are changes to the text of
the Zoning Ordinance.
Rezonings and amendments are legislative acts that cannot be delegated to administrative
officials. The City's zoning decision will only be set aside when the decision is unsupported by
any rational basis. Again, the Planning Commission holds a public hearing once proper
notification has been given and then gives the City Council its recommendation.
Rezonings can be denied if it violates the Comprehensive Plan. Not every zoning which is
consistent with the Comp Plan must be approved. If the existing zoning is also consistent with
the plan, a rezoning may be denied. Even if the existing zoning is not consistent with the plan,
the City can deny ifthere are rational reasons for the denial. When considering a rezoning
request, the City Council should be wary of rezoning for a specific use. They must consider the
potential impact of the zoning requested, not the particular situation that requires it.
Planner Smith stated that spot zoning is something to be careful of also. It can be overturned if it
creates a small island of non-conforming use within a larger zoned district and dramatically
reduces the value of either the rezoned land or the surrounding uses. It usually gives beneficial
treatment to one property versus others in the area, so must be done based on good reason.
PLANNING & ZONING COMMISSION MINUTES
PAGE 4
MARCH 1,2005
OTHER BUSINESS
Planner Smith included two articles from the Planning Commissioners Journal in the agenda
packets. The first was titled "The Impact of an Aging Population on Planning". One out of
every 5 persons will be a senior citizen by the year 2030. And cities should be considering
housing, land use and transportation needs in their planning strategies to meet these changes in
the age of the overall population. And the second was "Why Downtowns Should Matter to
Planning Commissioners". This article discussed how important downtowns are to cities and
their identities.
Smith informed the Commission that a six month Moratorium prohibiting Motor Vehicle Sales
along Central Avenue was passed by the City Council at their meeting of February 28,2005, as
recommended by the Commission. During this time, the Commission will need to make an
amendment to the Zoning Ordinance if they wish to prohibit this type of business from being
allowed in this zoning area.
He also informed them that there is a purchase agreement on the Mr. Steak property on 46th and
Central. He stated the intended use is for another restaurant. Smith told the members that the
old Honeywell Building on 39th Avenue has been demolished. He also stated that Ryland Inc
and Shafer Richardson have not yet signed an agreement so no plans have been submitted to
date.
Schmitt asked whether the Industrial buildings that are left in the area could be required to install
fencing or screening of some type as they will be an eyesore to the new residences going in the
area. Smith explained that our Zoning Ordinance currently lacks the language that gives the City
authority to require this. It is something he would suggest we change when the Zoning
Ordinance is amended.
Motion by Peterson, second by Schmitt, to adjourn the meeting at 7:55 pm.
Respectfully submitted,
Shelley Hanson
Secretary
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2005-0403
DATE:
April 5, 2005
TO:
Columbia Heights Planning Commission
APPLICANT:
Linder's Greenhouses, Inc.
LOCATION:
4300 Central Avenue, Rainbow Parking Lot
REQUEST:
Conditional Use Permit for Seasonal Sales
PREPARED BY:
Patrick Smith, AICP, Senior Planner
Introduction
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).
City of Columbia Heights Planning Commission
Linder's Greenhouse - Conditional Use Permit
AprilS, 2005
Case # 2005-0403
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.
1. 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.
2. 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.
3. 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.
5. 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: Under's has been in operation for 15 years at this location, with the City experiencing
Page 2
City of Columbia Heights Planning Commission
Linder's Greenhouse - Conditional Use Permit
AprilS, 2005
Case # 2005-0403
no complaints. The proposed garden center should not negatively impact the existing
character of the vicinity.
6. 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.
7. 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.
8. 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.
9. 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.
Recom mendation
Staff recommends that the Planning Commission recommend that the City Council approve the
Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined
below.
Motion: The Planning Commission recommends that the City Council approve the Conditional
Use Permit for seasonal agricultural sales at 4300 Central Avenue NE from April 15 through
July 15, 2005, subject to 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:
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 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
Page 3
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CORPORATE OFFICES
275 W. Wheelock Pkwy.
St. Paul, MN 55117
(651) 488-6717
Fax: (651) 488-5726
GREENHOUSES, GARDEN CENTER & FLOWER MARTS
Tim Johnson - Planner
City of Columbia Heights
590 40th Ave NE.
Columbia Heights, MN 55421-2800
February 23,2005
Dear Mr. Johnson,
Attached to this letter is my application for the 2005 Linder's Flower Mart at the Central Value
Mall at 44th and Central. The season for 2005 is planned to be from April IS thru July 15. The
season corresponds to all the other seasons which we have been at this location. We are eager to
return for our sixteenth successful year in Columbia Heights. '
We have developed a very loyal customer base in Columbia Heights who looks forward to our
returning year after year. They always want the consistent quality that we provide as well as our
excellent customer service. Linder's considers Columbia Heights to be one of our best Flower Mart
locations.
We will be locating in the same location as we have for these past years.
1. There is no parking adjacent to the Flower Mart. We do not allow smoking and place many
signs to that etTect. Smoking is harmful to the plants.
2: There are four 6 foot doors which remain open at all times during business hours.
3. There will be at least four fire extinguishers in the Flower Mart
4. The flammability information on the poly is in the enclosed material.
If you have any questions about this application please call me. I will address any issues promptly.
We feel we are an asset to this community and want to grow here to meet our customers needs.
Please let me know when this item will be on the agenda for consideration, I look forward to a
successful spring season in 2005 in Columbia Heights.
Any questions or concerns please call me at 6l2-685-7993.
Sincerely,
~~O-_
Caio Cella
Division Manager - Flower Marts
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CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2005-0402
DATE:
April 5, 2005
TO:
Columbia Heights Planning Commission
APPLICANT:
Dan Terzich, Frattallone's Hardware Store
LOCATION:
2261 3th Avenue NE
REQUEST:
Conditional Use Permit for Seasonal Sales
PREPARED BY:
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 12'h 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.
City of Columbia Heights Planning Commission
Frattallone's Greenhouse - Conditional Use Permit
April 5, 2005
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.
1. 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.
2. 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.
3. 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.
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.
5. 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.
6. 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.
7. 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 Planning Commission
Frattallone's Greenhouse - Conditional Use Permit
AprilS, 2005
Case # 2005-0402
8. 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.
9. 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.
Recom mendation
Staff recommends that the Planning Commission recommend that the City Council approve the
Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined
below.
Motion: The Planning Commission recommends that the City Council approve the Conditional
Use Permit for seasonal agricultural sales at 2261 3ih Avenue NE from April 15 through July
15, 2005, subject to 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:
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 Permit expires and the site has been cleaned up.
Attachments
· Location Map
· Site Plan
· Applicant Narrative
Page 3
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Frattallone's Ace Hardware Stores
February 8, 2005
Pat Smith
City of Columbia Heights
Community Development Department
590 40th A venue 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.
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2005-0404
DATE:
April 5, 2005
TO:
Columbia Heights Planning Commission
APPLICANT:
City of Columbia Heights
LOCATION:
4045 Van Buren St. NE
REQUEST:
Rezone property from CBD-Central Business District to R-3 Multi-
Family Residential
PREPARED BY:
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
City of Columbia Heights Planning Commission
4045 Van Buren St. - Rezoning
April 5, 2005
Case # 2005-0404
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: _^ Q
· 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.
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
Staff recommends the Planning Commission 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.
Motion: The Planning Commission recommends that the City Council approve rezoning 4045
Van Buren St. NE from CBD, Central Business District, to R-3, Multi-Family Residential, as the
rezoning is consistent with the residential land use and the surrounding land uses and zoning
districts.
Attachments
· Zoning Map
Page 2
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CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2005-0401
DATE:
April 5, 2005
TO:
Columbia Heights Planning Commission
APPLICANT:
Greg Anderson
LOCATION:
101043 % Avenue NE
REQUEST:
Subdivide one residential lot into two lots with a lot width variance
PREPARED BY:
Patrick Smith, AICP, Senior Planner
Introduction
Greg Anderson, the owner of the property at 101043 % 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 low 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 101043 % Avenue 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:
· Minimum lot size shall be 6,500 sq. ft. for a single family home. Currently, the lot at 1010
43 % Avenue NE contains 15,400 square feet. After the proposed lot split, Parcel A, the
City of Columbia Heights Planning Commission
Lot Split, 101043 112 Ave. NE
AprilS, 2005
Case # 2005-0401
northern lot with the existing single-family, would contain 8,058 square feet 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
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 ~ 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.
3. 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. .
4. 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.
5. 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.
7. 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.
8. 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.
Page 2
City of Columbia Heights Planning Commission
Lot Split, 101043 V2 Ave. NE
April 5, 2005
Case # 2005-0401
Findings of Fact - Lot Width Variance
1. 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.
2. 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 ~ and 43 y.;
A venue 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.
3. 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.
4. 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
surround neighborhood. The newly created vacant lot at 7,342 square feet will be larger
than the minimum lot size for a sign-family residence of 6,500 square feet. In addition, the
majority of the lots along 43rd A venue are 55 feet wide or less.
5. 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 large 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
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.
Motion: Move to recommend that the City Council approve the lot split, 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.
Page 3
City of Columbia Heights Planning Commission
Lot Split, 1010 43 '/2 Ave. NE
AprilS, 2005
Case # 2005-0401
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.
Attachments
· Location Map
· Certificate of Survey
· Applicant Narrative
Page 4
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Th. tCllt HoIl (L'/1) of lot Th1rt1"".j~ (~). B1odl; TWQ (2.),
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