HomeMy WebLinkAboutNovember 1, 2005
CITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TOO (763) 706-3692
Visit Our Website at: www.ci.columbia-hei!:ht.l..mn.us
MEMBERS:
Marlaine Szurek, Chair
Donna Schmitt
Rob Fiorendino
Mike Peterson
David Thompson
PLANNING AND ZONING COMMISSION MEETING
7:00 PM TUESDAY, NOVEMBER 1,2005
CITY HALL COUNCIL CHAMBERS
590 40TH AVENUE NE
1. Roll Call
2. Minutes from the Planning and Zoning Commission Meeting of
October 4, 2005
3. Public Hearings:
. Case #2005-1101 Variance for Driveway
628 38th Avenue
Ben Adams
4. New Business: None
5. Other Business: None
6. Adjourn
The Responsibility of the P.lanning 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.
THE CiTY OF,COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
PLANNING AND ZONING COMMISSION
MINUTES OF THE , MEETING
OCTOBER 4, 2005
7:00 PM
The meeting was called to order at 7:00 pm by Chairperson Szurek.
Roll Call:
Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek.
Also present were Jeff Sargent (City Planner), Shelley Hanson (Secretary), Tami Ericson Diehm
(Council Liaison) Tom Johnson (Police Chief) and Bob Streetar (Community Development Director).
Motion by Peterson, seconded by Fiorendino, to approve the minutes from the meeting of August 16,
2005. All ayes. MOTION PASSED.
Bob introduced Jeff Sargent, the new City Planner, to the Commission. Jeff gave the members a brief
review of his background and experience.
Chief Johnson presented information to the commission members on the subject of a 2 a.m. bar
closing. Tom gave some background on this subject and the research he has gathered from other
communities. He will be making a presentation to the City Council at a work session in November and
the Planning & Zoning Commission will also be invited to attend. He requested the members review the
information he gave them and to submit any comments in writing prior to the meeting.
Chief Johnson reviewed some of the material handed out and answered questions regarding the impact
on staffing and scheduling, expense of overtime, statistics ofDWI arrests and domestic calls, as well as
past problems with noise levels at the establishments that have music. Several surrounding communities
are also in the process of establishing Ordinances and fees associated with the 2 a.m. closing time. This
information was included in the packet given to the members.
PUBLIC HEARINGS
REQUEST:
PREPARED BY:
. 2005-1001
James Sarna
Southeast Corner of University Ave and 40th Avenue and a portion of
Lookout Place Right of Way
Preliminary Plat, Vacation, Site Plan, three Variances
Jeff Sargent, City Planner
CASE NUMBER:
APPLICANT:
LOCATION:
Planner Sargent explained that James Sarna is requesting six (6) approvals at this meeting.
follows:
1.
2.
3.
They are as
4.
5.
6.
The Preliminary Plat for Sarna's Addition.
The Site Plan for Sarna's Addition.
A 10-foot front yard setback variance for hard surface setbacks from a public right-of-way
per Code Section 9.612, subd. 7.g.
An 8-foot height variance for a monument sign per Code Section 9.616, subd. 12.a.iii.
A 35 square foot area variance for a monument sign per Code Section 9.616, subd. 12.a.iii.
A partial vacation of the Lookout Place right-of-way as described in Appendix A.
PLANNING & ZONING COMMISSION MINUTES
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OCTOBER 4, 2005
Mr. James Sarna is proposing to construct a new 6,000 square foot restaurant on the southeast comer of
University Avenue and 40th Avenue. This project will incorporate 5 different properties currently
owned by the Economic Development Authority (EDA), as well as the vacation of a portion of Lookout
Place. Three different variances will be needed as well. The first is a setback variance to gain adequate
parking space for the patrons. The second and third variance requests are for the monument sign
promoting the business, located on the southeast comer of University Avenue and 40th Avenue.
PLANNING CONSIDERATIONS
The project is located on the southeast comer of University Avenue and 40th Avenue, and is located
within the Design Overlay District of 40th Avenue. Properties located in this district are subject to
stricter design guidelines when discussing the placement of the building on the lot, the height of the
building, architectural details of the building, and signage.
Planner Sargent explained that the design guidelines build on and complement recently completed
streetscape improvements to the Central Avenue business district. They were developed by City staff,
consultants and a Task Force with representatives from the City Council, Planning Commission, area
business and landowners, and interested citizens, and are intended on being mandatory.
It is assumed that the intent of the guidelines should be met, however, it is understood that there may be
many ways to achieve the same design objectives. The City may permit alternative approaches that, in
its determination, meet the objective(s) ofthe design guideline(s) equally well. The City may also waive
any guideline when specific physical conditions of the site or building would make compliance more
difficult or inappropriate.
The property is also located in the GB, General Business District, and is adjacent to University Avenue.
Being that the project is on the fringe of the 40th Avenue Design Corridor, and is also a focal entry point
into the City's downtown business district, enforcement of the design guidelines will be subjective to the
overall design objectives that the City would like to see enforced.
FINDINGS OF FACT
Preliminary Plat
Section 9.411 (6) of the Columbia Heights zoning c'ode requires that the City Council make each of the
following findings before approving a preliminary plat:
1. The proposed preliminary plat conforms to the requirements of Section 14 of this ordinance.
Section 14 of the ordinance requires that the preliminary plat contain the necessary information
needed to approve it as such. The submitted application for the Sarna's Addition is acceptable
to be approved as a Preliminary Plat.
PLANNING & ZONING COMMISSION MINUTES
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OCTOBER 4, 2005
2. The proposedsubdivisi6n is consistent with the Comprehensive Plan.
The Comprehensive Plan guides this area towards "Transit Oriented Development ". The
Comprehensive Plan states that this classification focuses on the commuting needs of Columbia
Heights residents. As a result, a higher percentage of service-oriented commercial/retail
development will be necessary with high-density residential development providing the balance
of the development. With the Schaefer/Richardson and Ryland Homes project just to the south of
the proposed "Sarna's Restaurant ", this type of use fits perfectly with the goals of the
Comprehensive Plan.
3. The proposed subdivision contains parcel and land subdivision layout that is consistent with
good planning and site engineering design principles.
The site layout does have the following issues:
a) Drive aisle width. On the southeastern portion of the parking lot, the preliminary plat
indicates that one of the drive aisles only be 20 feet in width as opposed to the City Code
requirement of 24 feet. All other drive aisles and parking stall lengths meet City Code
requirements. City Staff feels that because this will not be a major drive aisle, the 20-foot
width aisle would suffice the needs of traffic circulation throughout the site. If the
developer were to increase the size of the drive aisle to meet City Code requirements, two
additional parking stalls would have to be removed.
b) 6-foot wooden fence. City Code requires that a 6-foot tall wooden privacy fence be
erected between any new commercial developments and adjacent residential properties.
There is one portion of the property on the southeast corner of the lot that abuts
residentially zoned property. In lieu of a 6-foot high fence, the applicant has proposed to
install 6-foot tall arh..orvitae trees, spaced at an interval that would in essence create a
solid wall. City Staff'feels that natural vegetation would be more aesthetically pleasing
than a wooden fence. A condition will be imposed on the applicant that the arborvitae
tress planted in this area shall be a minimum of 6 feet in height.
c) On-site TJonding. The applicants are not proposing any type of on-site ponding. The
development will rely on two catch basins at the south end of the site to control rainwater
runoff and carry it to the City's storm sewer lines located within the Lookout Place right-
of-way and adjacent alleyway. The sanitary sewer line will be sized to accommodate a
10-year event, with little interference or ponding in the parking lot. During a 100-year
event, however, there will be some significant ponding on the south portion of the parking
lot (up to 6 inches) until the rain subsides and is carried on through the catch basins to
the sanitary sewer lines. The applicants are also considering using the rooftop as a
means of ponding, but would rather not pursue that option.
d) 334 - 4dh Avenue. The design layout of the new plat, in association with all vacations,
new sidewalks and alleyway reconjigurations, has decreased the access for Mr. Gondek,
whom resides at 334 - 4dh Avenue, into his business. The applicant has agreed to enter
into an easement to grant access to Mr. Gondek through the development property to
gain access into his property.
PLANNING & ZONING COMMISSION MINUTES
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OCTOBER 4, 2005
e) Enf!ineerimz considerations. Kevin Hanson has reviewed the plat and found that there
are several technical changes typical with all plats that must be made in order to assure
that the utilities are installed properly and up to City and State requirements. Several
conditions of approval are included in the recommendation to address Mr. Hanson's
concerns.
Site Plan
Section 9.413, subd. 4 of the Columbia Heights Zoning Code requires that the Planning Commission
make each of the following findings before approving a site plan:
1. The site plan conforms to all applicable requirements of the Ordinance.
As stated previously, the project site is located in the Design Guideline Corridor of 4dh Avenue,
and is also adjacent to University Avenue. The applicant wants to take advantage of motor
vehicle traffic along University Avenue because of the site's proximity to this major
thoroughfare. For this reason, the site does not conform to the design guidelines in some
respects. They are as follows:
a) The building does not meet the setback or orientation requirements. The design
guidelines specify that building facades should be flush with the sidewalk or set back
no more than 10 feet for at least sixty percent (60%) of the length of the front fa~ade.
At intersections, the building should "hold the corner", that is have street facades at
or near the sidewalk on both streets.
The proposed restaurant sits at an angle to both the western and southern lot lines,
with an approximate l-foot setback to each property line. The design standards
would require the building to be placed at the intersection of University Avenue and
4dh Avenue, at a-setback of no more than 10 feet from the northern and western lot
lines. City Staff feels that because the front of the building faces University Avenue,
some discretion pertaining to the setbacks can be made. In this case, the proposed
location of the building makes the most sense and would achieve the same goals as
outlined in the design standards for 4dh Avenue.
b) Building height. The design guidelines require that all buildings shall have a
minimum cornice height of 22 feet, to convey a multi-story appearance even if the
building has only one occupied floor.
The proposed 6,000 square foot restaurant is only one story in height with a height of
approximately 16 feet. Because of the site's location in relation to University
Avenue, as well as the function of the building, City Staff feels that this is an
acceptable height that would meet the objectives of the design guidelines. Staff also
feels that the exterior architectural features of the building will offset the need for this
building to appear as if it is 2 stories in height.
PLANNING & ZONING COMMISSION MINUTES
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OCTOBER 4, 2005
c) Parking issues. The design guidelines specify that off-street parking in the 4dh
Avenue District be located to the side or rear of buildings, with a maximum of fifty
percent (50%) of the lotfrontage being occupied by parking.
The placement of the building on the site makes it difficult to achieve this
specification. The site has 74 parking stalls on site, with 42 stalls located in front of
the building along 4dh Avenue (56.7%). Again, the applicants would like the front of
the building to be adjacent to University Avenue. City Staff has no problems with an
extra 5 stalls being located in front of the restaurant adjacent to 4dh Avenue.
A 10-foot setback variance will also be required for hard surface parking along the
University Avenue right-of-way.
d) SiJmage. The underlying zoning (GB, General Business) allows for a pylon sign on
this site, as it is adjacent to University Avenue. The design guidelines specify that
only a monument sign may be incorporated in the 4dh Avenue Corridor. The
proposed monument sign requires two variances due to the proposed height and
square footage of the sign.
2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan.
The project is consistent with the general direction established in the Comprehensive Plan.
3. The site plan is consistent with any applicable area plan.
A concept plan for the area has been accepted by the city and Design Guidelines have been
adopted. Staff has found the project to be in compliance with the standards to an extent that
would make this project beneficial to the City. All other design features not in compliance
with the design guidelines have also been approved by City Staff based on the project using
sound planning standards.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
The proposed 6,000 square foot restaurant is positioned away from abutting residential uses
and in an area that minimizes the impact on property in the immediate vicinity. The exterior
building materials used on the restaurant will compliment the design guidelines and will add
aesthetic appeal to the area.
PLANNING & ZONING COMMISSION MINUTES
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OCTOBER 4, 2005
Variances
Section 9.407, subd. 6 ofthe Columbia Heights Zoning Code requires that the Planning Commission
make each of the following fmdings before approving a variance:
1. Because of the particular physical surroundings, or the shape, configuration, topography, or
other conditions of the specific parcel of land involved, strict adherence to the provisions of
this Ordinance would cause undue hardship
a) 10-foot setback variance for parking. The minimum setback requirement for parking
surfaces is 15 feet from the lot line. The applicant would like to place his parking lot
5 feet from the lot line. For this reason, a 10-foot setback variance is required. The
applicant stated that the extra 900 square feet that will be acquired through this
variance request would enable the restaurant to install needed parking stalls to
ensure sufficient customer access. The on-site parking would also ensure that
patrons would not park in the surrounding residential areas. The variance request is
located adjacent to University Avenue where 30 feet of a 60-foot right-of-way will be
obtained from the MnDOT. MnDOT would retain the other 30 feet, leaving 35 feet of
green space between the parking lot and University Avenue. City Stafffeels that this
request is justified.
b) 8-foot heiflht variance for Sign. The maximum height for a monument sign is 8 feet.
The applicant would like to construct a 16-foot tall sign. For this reason, an 8-foot
height variance is required. The applicant stated that the proposed monument sign
will be approximately 35 feet from University Avenue, and the additional height is
needed so motorists can see the sign in a timely fashion. There is also a fence along
University Avenue that would completely screen the sign if it were only 8 feet in
height. The monument style fence would meet the design guidelines criteria, and the
stated hardship would justify the proposed variance.
c) 35 SQuare foot area variance for Sifm. The maximum square footage for a monument
sign is 40 square feet. The applicant would like to construct a monument sign with 75
square feet of sign age on both faces. For this reason, a 35 square foot area variance
is required. The applicant stated that the larger sign is needed so it can be seen more
easily from motorists traveling quickly along University Avenue. The increased size
will also keep the sign in proportion to its proposed height. City Staff feels that the
stated hardship justifies the variance request and has no problems with the proposal.
2. The conditions upon which the variance(s) is (are) based are unique to the specific parcel of
land involved and area generally not applicable to other properties within the same zoning
classification.
This is a unique parcel in that it is located within the 4dh Avenue Design Corridor and has
frontage along University Avenue. The only other parcel in the City with these conditions is
the Marathon Gas Station parcel across the street.
PLANNING & ZONING COMMISSION MINUTES
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OCTOBER 4, 2005
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 land on which the parcel lays causes the two hardships for the variances needed for the
monument sign. The variances are needed to gain visibility from passersby along University
Avenue in a timely manner so they can make the turn onto 4dh Avenue, and into the
restaurant.
The applicant causes the parking lot setback variance. It is possible to reconfigure the
restaurant and parking on the site and eliminate the variance request. The current
configuration is one that the applicant feels will be most economically rewarding, as it gives
the restaurant the needed parking stalls to access the restaurant.
4. The granting of the variance(s) is in harmony with the general purpose and intent of the
Comprehensive Plan.
As previously mentioned, the proposed restaurant meets the Comprehensive Plan for this
area. The associated variances would help the restaurant function in a manner that would
allow the restaurant to remain at its proposed site. The variances would be in harmony with
the general purpose and intent of the Comprehensive Plan.
5. The granting ofthe variance(s) 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.
City staff feels that the proposed project will do just the opposite. A restaurant use in the
proposed location will be an asset to the community, and will be beneficial to the enjoyment,
use and value of property or improvements in the vicinity.
Vacation
Section 9.409, subd. 6 of the Columbia Heights Zoning Code requires that the Planning Commission
make each of the followingfindings before approving a vacation of a street, alley, or public right-of-
way:
1. No private rights will be injured or endangered as a result of the vacation.
The vacation will enable the applicant to have sufficient parking for the restaurant patrons.
In this case, no private rights will be injured or endangered.
-,
2.
The public will not suffer loss or inconvenience as a result ofthe vacation.
Although the public right-of-way will be taken away, the project will incorporate a
pedestrian sidewalk that connects the east and southeast residential components of the area
to 4dh Avenue and the restaurant. For this reason, the public will not suffer loss or
inconvenience as a result of the vacation.
I
Planner Sargent noted that Centerpoint, Xcel Energy, and Qwest have all given their approval of the
vacation. Comcast is the only utility that still needs to respond to the request. Public Works also will be
requiring an easement as an 8" watermain runs through Lookout Place.
PLANNING & ZONING COMMISSION MINUTES
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OCTOBER 4, 2005
Conclusion
The final plat needs to reflect any site plan changes resulting from the comments above. Assuming
those issues can be resolved, the preliminary plat can be approved. It is expected that the final plat will
need to be modified a bit between the time the preliminary plat is approved and the final plat is
submitted for approval.
It should be noted that the vacation process takes two public hearings, a first and second reading by the
City Council until it becomes valid. The vacation does not go into effect until 30 days after the second
reading of the ordinance is approved.
Staff recommends approval of the preliminary plat, the site plan, the vacation, and the variances with the
conditions noted in the staff report. Streetar reminded members that the properties will not be sold until
all approvals have been obtained.
Ouestions/Comments from Commissioners:
Commissioner Peterson asked for clarification of pylon size allowances versus the variance being
requested for the monument sign. If a pylon sign were installed it could be 20 ft high and have 75
square footage of signage space. The applicant is requesting that his monument sign be approved for 16
ft height instead of the 8 ft allowed, which would still be shorter than the allowed height of a pylon. The
monument sign will have a 4 ft base, a small reader board advertising specials, and the business name on
the top, which is why the variance for sf of the sign is also requested. Peterson felt the monument sign,
even with the increase in size, is far more attractive than a standard pylon style sign. Szurek also felt the
sign would look nicer than a pylon design.
Thompson thought there may be a parking issue on Summit Street due to overflow from the restaurant.
Sargent explained that residents will have to access Summit by a different means due to the vacating of
Lookout Place. However, it is not their intent to have parking go onto neighborhood streets. And with
the entrance and exiting to 40th Avenue, any overflow would probably be along that street.
Szurek asked if it would be possible to have signs placed on Summit St that would indicate "Resident
Parking Only". That can be referred to the Traffic Commission.
Thompson asked about storm sewer/ponding issues. It was explained that the current storm sewer will
be expanded from what it is now to handle a "10 year" storm. "100 year" storms will result in ponding
on the site. Thompson also wanted the alley constructed prior to Lookout Place being blocked off so
neighbors would have access. He also thinks once the street is vacated, it will be difficult to access to
the Gondek property. The turning radius is not shown on the plans. He also questioned the age of the
watermain serving the property. He wants to ensure that the Public Works Director checks into that
during his review.
Piorendino questioned what level of drainage is required by code. Sargent responded that he thought the
requirement is for a "10 year" storm. He said the City Engineer reviews that requirement and he is
satisfied, this meets the requirements.
PLANNING & ZONING COMMISSION MINUTES
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OCTOBER 4, 2005
Schmitt asked what the height of the sign was at the Oasis Market across the street from this site.
Schmitt felt the applicant's sign could be similar to that sign in height, but should not be higher. And
she didn't think the chain link fence blocks the view ofthe proposed sign, so she questioned whether
there really is a need for the additional height. Piorendino also thought the sign was too large and
would like to see something closer to the size required in the Design Guidelines.
Piorendino asked how many other signs there would be. In addition to the monument sign, there will be
a small directional sign marking the entrance off 40th and an awning over the door to identify the
entrance to the restaurant.
Schmitt was concerned about lack of fencing next to the residential properties. She felt it may be
needed to prevent people from trespassing onto neighbor's yards. Piorendino asked about access from
the south where the residential redevelopment will take place, and whether it will allow walking traffic.
Sargent said there should be sidewalks, but these plans are not clear on that.
Peterson questioned if the maximized parking plan they have proposed will impact the neighborhood.
And he questioned who would be responsible for trimming the barrier trees to ensure they do not
encroach in the attached areas. Planner Sargent informed him that the restaurant owners will be
responsible for maintaining the site and the landscaping.
Peterson asked Mr. Sarna what type of restaurant this would be. Dave Sarna (11437 Cannon Crt,
Blaine) responded that it would be similar to an Applebees or Champps. The bar will be located in the
center and tables around the exterior of the building. It is not going to be a "Sports Bar" with all the
focus on TV's and sporting events. He said it will cater to people 30 years old and up who are looking
to sit down for a meal or sandwich and relax and talk. It will not cater to the younger crowd or have
loud entertainment.
Szurek commented that at first she was concerned about lack of fencing, but now thinks the trees will
work better and be more aesthetically appealing. She also commented that no lighting plan was
included. The applicants stated that there will probably be 2 or 3 lights that will be screened and the
light will be directed to the parking lot and should not shine onto neighboring properties. When asked
about the color scheme planned for the building, the applicants stated the building would be either tan or
grey brick and stucco and will having roofing to match.
PUBLIC HEARING OPENED FOR QUESTIONS/COMMENTS
Mike Gondek, owner of 334 40th and 325 Summit St, spoke to the problems he will have with access to
his properties once Lookout Place is vacated. The business on 40th has been in his family since 1958.
The loading door faces west and trucks now back up to the garage door. He receives deliveries from two
Speedy Trucks and two UPS trucks everyday and a semi truck occasionally. He stated that he and the
Sarna's have been working on an agreement to gain access to his property, but as ofthis date have been
unable to come to terms acceptable to both parties. Gondek said they are close to reaching an
agreement, and the remaining issue is with grading that would be needed to make the proposed
agreement work.
PLANNING & ZONING COMMISSION MINUTES
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OCTOBER 4, 2005
Jim Sarna stated that they have offered to increase the size of Mr. Gondek's loading door to 10 feet, to
widen the driveway, add a service door to the rear ofthe building, and do some grading. However, Mr.
Gondek wants additional grading done and is not willing to share the cost. Mr. Gondek stated the
additional grading needs to be done so the approach is not too steep and also is waiting for an Engineer's
approval on the new beam that would be required to widen the loading door. Once these two issues are
resolved, and agreement should be signed.
Mr. Gondek said his other concern is that the house on Summit St., which also faced Lookout Place, will
now face the alley and when the alley is plowed it will push the snow onto the front steps. It was agreed
this would be an inconvenience, but something he was aware of when he purchased the property.
Bruce Shellito, 403 Summit St, stated that the existing alley has problems now and he doesn't want to
see them compounded. Szurek responded that she believed the City Engineer and the Fire Chief would
look at these issues during their review of the Final Plat.
Joyce Shellito, 403 Summit St, questioned whether a 10 ft. alley, to a 10 ft. turn with a tree in the way, is
adequate. She also questioned whether the building being proposed is too big for the site since they are
asking for variances to allow the placement of the building closer to University Ave. The Commission
members explained that it is a reasonable request as there is additional green space along the Highway
due to a MN DOT easement and that the green space will still be sufficient.
Shellito then questioned the parking being adequate if they expand and add a banquet room to the lower
level. Mr. Sarna stated that they have no plans to do that. They are not putting in an elevator shaft
which would be required to operate a banquet room. Planner Sargent also explained that the parking
requirement is 30% of the 180 seats resulting in a minimum of 54 required stalls. 74 stalls are currently
being proposed to help keep the parking on site. Even if the 10 foot variance were not approved, the
same size building could still be constructed, because parking would be met. The variance being
requested has nothing to do with the size of the building, it is being requested to provide parking spaces
in excess of the requirement.
Shellito then asked about deliveries and trucks that would come and pick up grease from the site. She
doesn't want it to be a bother to residents in the neighborhood. She also is concerned about the lighting
not interfering with residents.
The Public Hearing was closed.
Peterson asked how residents would have their concerns addressed. Szurek stated it was not the
Commission's place to answer all the concerns, but that residents should submit their concerns in
writing so they can be addressed during the review of the final plat by staff.
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OCTOBER 4, 2005
Motion by Szurek, seconded by Schmitt, that the Planning Commission approve the site plan based on
the following conditions:
1. A row of arborvitae shall be planted at a minimum of 6-feet in height and spaced as to create a
full screening barrier along the eastern property line abutting the residentially zoned parcels.
2. Screening and/or landscaping has been shown on the plan along the entire perimeter. Must
provide a landscape plan indicating plant types, sizes and species.
All ayes. MOTION PASSED.
Motion by Schmitt, seconded by Fiorendino, that the Planning Commission recommends that the City
Council approve the preliminary plat based on following 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 development agreement must reflect. an agreement between the City and the developer on
what utilities and streets within the project will be the City's long-term maintenance and repair
responsibilities.
2. The Plat should identify the name of the proposed development.
3. University Avenue is a MnDOT roadway, and 4dh Avenue is an Anoka County roadway. Must
provide the City with their respective review comments of the Development plans.
4. A 30-foot "turnback" from MnDOT for the University Avenue Service Drive is included in the
preliminary plat. MnDOT's position on removals, landscaping and fencing of this area needs to
be clarified before final platting.
5. The University Avenue Service Drive is still used for 3901 Lookout Place. Therefore, an
alternate access should be developed for 3901 Lookout and installed by the Developer prior to
the removal of the University"Service Drive in this area.
6. All construction traffic must be controlled and shall be directed through the vehicle tracking
pads, as indicated on the SWPPP plan. All construction access will be limited off of 4dh Avenue.
Due to the traffic volume on 4dh Avenue,jrequent street cleaning may be necessary.
7. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter.
8. If any existing curb and gutter grades are less than one percent (1%) at the driveway cuts,
provide a concrete cross gutter.
9. All erosion control measures shall be installed and inspected by the City prior to any site
activities beginning.
10. Any site grading prior to final plat approval will require an excavation permit, obtained from the
Engineering department.
11. An NPDES permit will be required. at the time of construction. Additional erosion control
measures along the southerly property line are recommended, due to the natural slope of the
property. The City also reserves the right to require additional erosion control measures during
construction, as conditions warrant.
12. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4) inches of
topsoil/sodding.
13. All work within Public ROW shall be inspected by the City Engineering Department. Twenty
four (24) hour advance notice of an inspection is required.
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OCTOBER 4, 2005
14. The alley connection shown by the Developer connecting the existing east-west concrete alley to
access Summit Avenue is acceptable. The Final Plans shall include a design detail meeting City
requirements for alley construction. And that alley access must be provided prior to Lookout
Place being closed.
15. A north-south sidewalk connection has been shown extending to 4dh Avenue to the north and
Summit Avenue to the south. The Final Plans shall include a design detail meeting the City
requirements for pedestrian ramps and grade.
16. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia
Heights specifications for materials and installation.
17. Disconnect any existing utility service stubs in accordance with Public Works requirements.
18. The final plans should include signage for the alley change of direction.
19. All sidewalks shall meet ADA requirements for pedestrian ramps and grade.
20. At final plan submittal, the developer must provide plan/profile sheets for the utilities.
21. The plat must be found acceptable to the Fire Chief
All Ayes. MOTION PASSED.
Motion by Szurek, seconded by Schmitt, that the Planning Commission recommends the City Council
approve the 1 O-foot front yard setback variance for parking.
All Ayes. MOTION PASSED.
Motion by Szurek, seconded by Peterson that the Planning Commission recommends the City Council
approve the 8-foot height variance for the monument sign and the 35 square foot area variance for the
monument sign.
Ayes-Szurek, Schmitt, Peterson Nayes- Thompson, Piorendino
MOTION PASSED.
Motion by Schmitt, seconded by Szurek, that the Planning Commission recommends approval of the
requested vacation of the portion of Lookout Place as described herein based on following 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 proposed easement for the existing utilities be extended 5 feet further west to accommodate
the existing water main line, to be approved by the City Engineer.
2. The closure and removal of the existing Lookout Street section shall be the responsibility of the
Developer.
3. The second reading of the proposed vacation will not occur until the City Council approves the
preliminary and final plats.
4. The approval of the vacation is contingent on the utility companies (namely CenterPoint
Energy, Comcast Cable, Qwest, and Xcel Energy) giving approval of the vacation.
All ayes. MOTION PASSED.
PLANNING & ZONING COMMISSION MINUTES
PAGE 13
OCTOBER 4, 2005
To reiterate the issues the Commission wants to have checked more closely:
A more detailed Lighting Plan to include Summit St.
New Alley constructed prior to closing Lookout Place.
Check the condition of the existing watermain and sanitary sewer.
Access agreement for loading dock.
Comments from Fire Chief
NEW BUSINESS
None
MISCELLANEOUS
Bob Streetar updated the commission members on the following:
1. The City Council approved the hiring ofDSU to design a plan for the Sheffield area. It will
be a long process, but residents in the area are in support of continuing the redevelopment of
the area.
2. The EDA entered into an agreement with Anderson Builders to re-develop the 49th_50th block
of Central Avenue. Taco Bell and Udupi Cafe are the only two businesses that will still be
located in the block.
3. The groundbreaking of Phase II will be held October 19th. Mr. Streetar reported that 8 units
in the new Park View Addn. have already been sold.
4. The City is working with-DSU to establish a plan for the Burger King-Mady's property on
the 3900 block of Central Avenue.
5. Jeffwill be working with Commission members to re-write the Sign Ordinance to streamline
and update the code to current situations.
The meeting was adjourned at 9:45 pm.
Respectfully submitted,
Shelley Hanson
Secretary
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER: 2005-1101
DATE: October 21, 2005
TO: Columbia Heights Planning Commission
APPLICANT: Benjamin Adams
LOCATION: 628 - 38th Avenue NE
REQUEST: 15-foot side yard setback variance
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, Ben Adams is requesting a 15-foot side yard setback variance for the
construction of a new driveway. The applicant's property is located in the R-3, Multiple
Family Residential District. The City of Columbia Heights' Zoning Code at Section 9.106
(L)(7)(g) states that setback for parking lots shall be subject to the same setbacks as a
structure for the district in which such parking is located. The minimum side yard setback
for a structure in the R-3 District is 20 feet. The applicant is proposing to construct a hard
surface driveway, leading to the principal structure, 5 feet from the side lot line. For this
reason, a 15-foot side yard setback variance is required.
PLANNING CONSIDERATIONS
Currently, the applicant has a one-car garage adjacent to the alley in the rear of the
property. The garage functions as a storage facility for the vehicle that the applicant drives
daily. On site, Mr. Adams also stores a truck, a boat and a motorcycle on a small driveway
located adjacent to the garage, accessing the alley.
Mr. Adams stated that he has received notice from the City's Public Works Department that
the larger City vehicles and snowplows are unable to access the alley because his vehicles
partially block the way. To appease these concerns, Mr. Adams stated that he stored the
vehicles on the street in front of his house. The Police Department then contacted him
stating that it is illegal to store the vehicles on the street overnight. The only solution that
Mr. Adams could find was to construct a large enough driveway on his property to
accommodate his vehicles. The only location for such a driveway would be in his front
yard.
City of Columbia Heights Planning Commission
Ben Adams, variance
October 21, 2005
Case # 2005-1101
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The comprehensive plan states that one of the housing goals of the City is to promote and
preserve the single-family housing stock as the community's strongest asset. The
applicant's proposal is enabling him, and future owners of the property, the opportunity to
use the single-family use as appropriately as any other single-family dwelling owner in the
city. By storing vehicles on his property as opposed to storing them along city rights-of-
way, the proposal is consistent with the comprehensive plan in that it is preserving the
single-family use of the land.
FINDINGS OF FACT
The following are required findings that the City Council must make before approving a
variance request in the City of Columbia Heights:
1. Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this article would cause undue hardship.
The applicant's current one-car garage lies approximately 2 feet from the alley, and
the adjacent driveway is not long enough to accommodate the lengths of the truck
or trailer. In order to extend the current driveway further into the property to gain
enough room to store the vehicles, extensive excavation and grading would need to
occur because of the steep topography of the land. The applicant stated that the
rear yard sits approximately 4 feet higher than the driveway and alley in the rear.
The applicant's property is only 35 feet in width. Given the specified criteria for
placing a driveway in this district, there would be no way to place the driveway 20
feet from either side lot line without requiring a variance to do so.
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.
There are only three residential properties in this area adjacent to 3Efh Avenue. The
topography of the land is consistent throughout each of the three properties, with
the rear yards being approximately 4 feet higher than the driveway and alley.
Compared to the rest of the City, the topographical conditions of these three parcels
are unique in the R-3 District.
3. The difficulty or hardship is caused by the provisions of this article and has not
been created by any person currently having a legal interest in the property.
The provisions of this article state that residents shall store personal vehicles
completely within the confines of their property. The topographic conditions of Mr.
Adams' property make it impossible to do so. The applicant has in no way created
Page 2
City of Columbia Heights Planning Commission
Ben Adams, variance
October 21, 2005
Case # 2005-1101
the stated hardship.
4. The granting of the variance is in harmony with the general purpose and intent of
the Comprehensive Plan.
As stated previously, granting this variance request will help preserve the single-
family housing stock as the community's strongest asset by allowing the applicant to
reasonably use his properly as other single-family dwelling owners may throughout
the City.
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 applicant stated that the neighbor to the west has a driveway in the front yard
leading to the principal structure as well. Mr. Adams has indicated that he would
like to install a driveway in a similar fashion. City Staff feels that installing a
driveway in the proposed location would not be materially detrimental to the public
welfare for this reason.
Conclusion
City Staff feels that the applicant's stated hardship justifies the variance request at hand.
Installing a driveway 5 feet from the side lot line is consistent with the current placement of
the house on the property, and will not be detrimental to the residential characteristic ofthe
area.
Recommendation
Motion: That the Planning CO/"Dmission approve the 15-foot side yard setback variance for
the construction of a driveway with the following conditions:
1. The applicant shall obtain a boundary survey to accurately denote the
placement of the side lot line.
2. The driveway shall be surfaced with a dustless all-weather hard surface
material. Acceptable materials include asphalt, concrete, brick, cement
pavers or similar material installed and maintained per industry standards.
Crushed rock shall not be considered an acceptable surfacing material.
Motion: That the Planning Commission recommends that the City Council approve the 15-
foot side yard setback variance for the construction of a driveway.
Attachments: Draft resolution, vicinity map, site plan, driveway plan, letter from
applicant, pictures.
Page 3
RESOLUTION NO.
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR BEN ADAMS
WHEREAS, a proposal (Case # 2005-1101) has been submitted by Ben Adams to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 628 - 38th Avenue NE
LEGAL DESCRIPTION: Lot 28, Block 88, Columbia Heights Annex to Minneapolis.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A IS-foot side yard setback
variance for the construction of a driveway per Code Section 9.106 (L )(7)(g).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on November 1,2005;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concern related to traffic, property values,
light, air, danger of fire, and risk to public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
that the City Council accepts and adopts the following fmdings of the Planning Commission:
1. Because of the particular physical surroundings, or the shape, configuration, topography,
or other conditions of the specific parcel ofland involved, where strict adherence to the
provisions of this Ordinance would cause undue hardship.
2. The conditions upon which the variance is based are unique to the specific parcel ofland
involved and are generally not applicable to other properties within the same zoning
classification.
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been
created by any person currently having legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
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.
Resolution No. 2005-1101
Page 2
FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information
shall become part of this variance and approval; and in granting this variance the city and the
applicant agree that this variance shall become null and void if the project has not been completed
within one (1) calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS:
I. The applicant shall obtain a boundary survey to accurately denote the placement of
the side lot line.
2. The driveway shall be surfaced with a dustless all-weather hard surface material.
Acceptable materials include asphalt, concrete, brick, cement pavers or similar
material installed and maintained per industry standards. Crushed rock shall not be
considered an acceptable surfacing material.
Passed this _ day of
200
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
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