HomeMy WebLinkAboutApril 4, 2006
CITY OF COLUMBIA HEIGHTS
MEMBERS:
Marlaine Szurek, Chair
Donna Schmitt
Rob Fiorendino
Mike Peterson
David Thompson
590 40th Avenue N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692
Visit Ollr Website at: IVww.ci,columbia-heights,mn.us
PLANNING AND ZONING COMMISSION MEETING
7:00 PM TUESDAY, APRIL 4, 2006
CITY HALL COUNCIL CHAMBERS
590 40TH AVENUE NE
1. Roll Call
2. Minutes from the Planning and Zoning Commission Meeting of
March 8, 2006.
3, Public Hearings:
. Case #2006-0201 CUP
3825 Central Avenue
Jeff Bahe
. Case #2006-0401 Variance
3955 University Avenue
Sarna's
. Case #2006-0402 CUP
2261 37th Avenue
Frattalone's Ace Hardware
4. New Business: None
5. Othel' Business: None
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 pmticipate in planning decisions.
. Protect the natural environment and the heritage of the built environment.
. Exercise fail', honest, and independent judgment.
. Abstain from participation when they may directly 01' 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
March 8, 2006
7:00 PM
The meeting was called to order at 7:05 pm by Chairperson Szurek.
Roll Call:
Commission Members present- Thompson, Fiorendino, Schmitt, Peterson and Szurek.
Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson
(Secretary).
Motion by Peterson, seconded by Schmitt, to approve the minutes from the meeting of January 3, 2006.
All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2006-0301
Linder's Greenhouses, Inc.
4300 Central Avenue, Rainbow Parking Lot
Conditional Use Permit for Seasonal Sales
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 9.106 (G)(5) of the Zoning
Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits
the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to
operate the garden center for 90 days, from April15tl1 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
COlmect 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 Malt and all smoking will be prohibited. The principal uses of the subject
parcel al'e preexisting and comply with zoning regulations. The two structures and patio will displace
approximately 30 parking spaces and a drive aisle.
Tlus will be the Linder's 1 ih yeal' operating a temporary greenhouse at tlus location in Columbia
Heights.
Heritage Real Estate 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 flower sales.
PLANNING & ZONING COMMISSION MINUTES
MEETING OF MARCH 8, 2006
PAGE 3
5. The use will be designed, constmcted, operated and maintained in a manner that is compatible
with the appearance of the existing or intended character of the surrounding area.
Linder's has been in operation for 16 years at this location, with the City experiencing no
complaints. The proposed garden center should not negatively impact the existing character of
the vicinity.
6. The use and propeliy 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 oftraffic.
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 zonedfor 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.
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.
Ouestions bv Members:
Fiorendino questioned if the fence goes to the wall as the sketch shows, or whether it should show a 20
foot access as noted in the conditions for approval. Sargent explained that the Fire Chief does want
to see an access perimeter of 20 ft between the tent and the rear wall. It was noted that it was not
set up that way last year, but for safety reasons, he would like to see it enforced this year.
Szurek doesn't understand the need for the 20 ft access as emergency vehicles can access from the
roadway that runs N/S through the lot from 43rd Ave to 44th Ave. She felt it would drastically cut
down on the storage space of plants in the rear.
Gary Peterson thought that these annual Conditional Use Permits could be done administratively.
However, the Zoning Ordinance requires they must be run tln'ough the Commission.
.
Public Hearing Opened:
No one was present to speak on this issue, therefore, the hearing was closed.
PLANNING & ZONING COMMISSION MINUTES
MEETING OF MARCH 8, 2006
PAGE 5
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after
reviewing the proposal, that the City Council accepts and adopts the following fIndings of the Planning
Conmlission:
I. The use is one of the conditional uses listed for the zoning district in wllich the property is
located, or is a substantially similar use as detelmined by the Zoning Administrator.
2. The use is in halmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the inmlediate vici1lity.
5. The use will be designed, constructed, operated and maintained in a malUler that is compatible
with the appearance of the existing or intended character ofthe SU11'Ounding area.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services.
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.
8. The use will not cause a negative cU1llulative effect, when considered in conjunction with the
cU1llulative effect of other uses in the immediate vici1lity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become pali of this permit alld approval; and in granting this permit the city and the applicant agree that
tllis pennit shall become null alld void if the project has not been completed within one (1) calendar
vear after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
I. The outdoor storage shall be located as indicated on the site plan.
2. A $500 deposit shall be submitted to the COlmnunity Development Depaliment prior to
installation of the structures on the site. The deposit shall be refunded after the Conditional Use
Pelmit expires and the site has been clealled up.
3. The proposed fence must be 20 feet from the retaiIling wall for safety vellicular access.
Passed this _ day of March 200_
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
PLANNING & ZONING COMMISSION MINUTES
MEETING OF MARCH 8, 2006
PAGE 7
FINDINGS OF FACT:
The City Council shall make the following fIndings before granting approval of a request to amend the
City Code. These fIndings are as follows:
a) The amendment is consistent with the comprehensive plan.
The Comprehensive Plan is not affected in any way with the proposed zoning amendment.
b) The amendment is in the public interest and is not solely for the benefIt of a single property
owner.
The proposed amendment would allow the public to obtain a hot tub without the requirement
of also constructing a 61'oot tall fence around the hot tub. This is in the public's interest as it
would decrease the overall cost of the project of installing a hot tub, while maintaining the
public safety due to the lockable covers that hot tubs provide.
c) Where the amendment is to change the zoning classifIcation of a particular property, the
existing use of the property and the zoning classifIcation of property within the general area
ofthe property in question are compatible with the proposed zoning classifIcation.
This amendment is not changing the zoning classification of a particular property.
d) Where the amendment is to change the zoning classifIcation of a patticular propelty, there
has been a change in the character or trend of development in
This amendment is not changing the zoning classification of a particular property.
City Staff recommends that the Plamung and Zoning COlllillission recommend approval of the proposed
zoning amendment as outlined in the attached draft ordinance. This anlendment would allow hot tubs to
be installed in the city without the requirement of a 6-foot tall fence surrounding it providing the added
provisions in the ordinance are met. The zoning amendment also adds definitions of an aboveground,
in-ground, atld hot tub swill1llling pool.
Questions bv Members:
Peterson asked if a 6 ft. fence could be used in lieu of a locked cover, and was told yes. He asked how
the 5 ft. setback was arrived at. Sargent explained that is the standard setback for structures and
swimming pools now.
Schmitt asked if this will apply to soft sided tubs as well. Sargent stated that if it meets the definition
established in this atllendment, than yes, it would. Schmitt felt privacy would be more of a concern with
hot tub use, atld Sargent stated that would be up to the discretion of the owners to decide.
PLANNING & ZONING COMMISSION MINUTES
MEETING OF MARCH 8, 2006
PAGE 9
& 9.106 GENERAL DEVELOPMENT PROVISIONS.
(C) AccessOlY uses and structures.
(4) Private swimming pools and courts. AIl private swimming pools, temus comts, ball courts
and other private recreational facilities are subject to the following stmldards:
(a) [NO CHANGES]
(b) [NO CHANGES]
(c) [NO CHANGES]
(d) [NO CHANGES]
(e) [NO CHANGES]
(f) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or
within any required front yard. Such pools shall be equipped with a child-resistant,
lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or
detached decks if it can be proven that the deck is engineered to be structurally
sound euough to support the bearing load of the hot tub.
tJ1(g) Lighting shall be so oriented as not to cast light on adjacent prope1ties.
Eg1(h) The facility shall not be located within any dnrinage or utility easement.
B11(i) Any accessory mechmucal apparatus shall be located at least 330 feet from mlY residential
structure on an adjacent lot.
w(j) AIl swimming pools containing more thml 3,000 gallons or with a depth in excess of 42
inches (3.5 feet) shall require a building pernlit from the city.
Sectiou 2:
This ordinance shall be in full force and effect fi'om and after 30 days after its passage.
First Reading:
Second Reading:
Date of Passage:
,2006
,2006
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, Deputy City Clerk
PLANNING & ZONING COMMISSION MINUTES
MEETING OF MARCH 8, 2006
PAGE II
DESIGN GUIDELINES
The City Staff has prepared Design Guidelines to be applied to the redevelopment of the subject
property. These guidelines are directly based on the existing City Design Guidelines adopted in 2003.
The guidelines include characteristics that are appropriate to the residential and mixed-use character of
the Industrial Park redevelopment area, and not those aimed at highway, strip or suburban architecture
and development. The submitted plans meet all the requirements for the Design Guidelines imposed for
this development.
ANALYSIS
When the preliminary plat for Phase 2 was presented to the Planning and Zoning Commission,
there were three issues that the Commission wanted to be addressed prior to Final Plat approval.
The three issues included: the requirement for a landscaped fence separating the development
from University Avenue to closely resemble the fence used in the Fridley townhouse development
on the southwest corner of Mississippi Street and University Avenue, the requirement for a third
unit type that will be used throughout the development, and the requirement for a suitable
setback ofthe buildings from the University Avenue street curb. SchaferlRichardson and Ryland
Homes has worked closely with the City to achieve these requirements.
Landscape Fence
The proposed landscape fence will be a black metal fence with brick pillars placed approximately 78
feet apart from one another. There will be 10 pillars installed along 780 feet of frontage on University
Avenue. Landscaping in the form of both deciduous and coniferous trees will be dispersed and
intermixed along the length of the fence and will provide an effective and aesthetic screening
mechanism for the development. The proposed plans for the fence indicate that the design would be
very similar to the fence used in the Fridley development (as presented in Figure 4).
The fence located on the north side ofthe development, separating the townhouses from the commercial
building to the north, shall be constructed of a 6- foot tall privacy fence, with a rninimum of 80% opacity
on a year-rormd basis, to be approved by the City Plarmer. (as presented in Figure 5)
Third Unit Tvpe
Ryland Homes has successfully incorporated a third-unit type throughout the Phase 2 pOliion of the
development as directed by the Planning and Zoning Commission and City Staff. The third unit type is
called the Craftsman and is a three-story townhome with a tuck-rmder two-stall garage in the rear (as
presented in Figure 6). The fronts of these buildings will include a fieldstone band along the bottom 1/3
of the structure, with pillared porches, and two bands of different sized, heavy gauge (.042") vinyl
siding. City Staff will require that 19 of the end caps for these buildings will incorporate the field stone
work along the bottom 1/3 of the buildings, as outlined in Exhibit E (as presented in Figure 8) of the
Development Contract for Phase 2. The overall design of the buildings will also incorporate gabled
roofs with shake accents, meeting city staft" s expectations on requirements for the third unit type.
PLANNING & ZONING COMMISSION MINUTES
MEETING OF MARCH 8, 2006
PAGE 13
1. The final plat substantially confonns to the approved preliminary plat.
Several issues needed to be resolved before the approval of the Final Plat for Phase 2. The
following issues have been resolved:
1. Ensuring a minimum 75- foot setback of all buildings from University Avenue.
The proposed Final Plat indicates that all units have been set back a distance between 77
and 91 feet, satisfying the requirement.
2. Incorporating a third unit type in Phase 2 of the development. The approval of Phase 2
was contingent on the Plauning and Zoning Commission approving the third unit type
throughout the development.
The third unit type incorporates a different design element not seen in other townhouse
developments, and will be the newest building type used by Ryland Homes. This unit type
meets all architectural design guidelines that have been established for this development
as well. One major difference between this unit type and the ones used in Phase 1 is the
incorporation of stonework throughout the building, as opposed to brick. (As presented in
Fig. 6)
3. Incorporating a decorative fence with appropriate landscaping along University Avenue,
to reflect the same design used in the new townhouse development in Fridley.
The Final Plat for Phase 2 includes a black steel fence with brick pillars along University
Avenue. This design satisfies the condition imposed on the Preliminary Plat. (As
presented in Fig. 4)
4. Ensuring the approval of all the necessary street vacations tln'oughout the development.
The City is processing the vacation for the University A venue frontage road vacation. It
should be noted that the City Council would not be able to approve the Final Plat for
Phase 2 until the approval of the University Avenue frontage road vacation has taken
place. (Sargent advised that this vacation has been completed).
5. Ensuring adequate access for emergency vehicles throughout the development. Fire
Chief Gorman has reviewed the plans for the Final Plat and did not indicate that this was
a continued issue. He was, however, concemed with the on-street parking, as it would
limit the access to one side of the buildings.
2. The final plat conforms to the requirements of 99.114.
39.114 is the Subdivision Regulations section of the City's Zoning ordinance. Conforming to this
section would require the appropriate information to be submitted to the City for Final Plat
approval. The applicants have met this requirement.
Staff recommends that the Planning Commission forward its approval of the Final Plat of the Huset Park
Second Addition, to the City Council, subject to the conditions discussed and noted.
PLANNING & ZONING COMMISSION MINUTES
MEETING OF MARCH 8, 2006
PAGE 15
Thompson asked about the policy for keeping the streets clean and free of mud. He said the streets were
very muddy when he visited the site this week. Sullivan said they are swept twice a week and that
Public Works has been keeping track of this and reporting any problems in between sweepings. He said
they are trying to stay on top ofthe mess to the best of their ability, and he will pass on the
commissioner's comments.
The Public Hearing was Opened:
No one was present to speak on tins issue, so the Public Hearing was closed.
Motion by Schmitt. seconded by Peterson, that the Planning Commission recommends the City Council approve
the Final Plat of The Huset Park, Second Addition Subdivision based on the following conditions:
1. The Homeowner's Association (HOA) Documents shall reflect that no more than flve percent (5%) of
all units shall be rental units. The Developer's Contract shall also indicate this through reference to
the HOA documents.
2. The Common Interest Community documents shall clearly state the responsibilities of the City and
homeowner's association related to streets and utilities.
3. All streets with the exception of Lookout Place, storm water, street lighting, signage and striping
serving the development shall be privately owned and maintained.
4. The developer must provide the City with locatable references for service lines, such as swing ties
and GPS coordinates.
5. All common and public sidewalks shall meet ADA requirements for pedestrian ramps and grade.
6. All green areas shall incorporate automatic irrigation with rain shut-off gauges.
7 The pillars used for the fencing along University Avenue shall be brick to match the color of stone used
on the Craftsman style of building. The location of the pillars shall be consistent with the locations
outlined in Figure 4 as presented.
8. The fence located on the north side of the development, separating the townhouses from the commercial
building to the north, shall be constructed of a 6100t tall privacy fence, with a minimum of 80% opacity
on a year-round basis, to be approved by the City Planner.
9. The third unit-type used throughout the Phase 2 Development shall be the Craftsman-style building
depicted in Figure 6 as presented.
10. All vinyl siding used on the buildings within the development shall be of a heavy gauge (0.042 ") material.
11. The lighting used throughout the development must follow the lighting design as portrayed in Figure 7 as
presented.
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2006-0201
DATE:
April 4, 2006
TO:
Columbia Heights Planning Commission
APPLICANT:
Jeff Bahe, Jeff's Bobby and Steve's
LOCATION:
3827 Central Avenue
REQUEST:
Conditional Use Permit for Off-street Parking
PREPARED BY:
Jeff Sargent, City Planner
INTRODUCTION
On September 14, 1998, Dr. Gary Good, owner of the property located at 3827 Central
Avenue, was given a Conditional Use Permit (CUP) to allow an off-street parking lot in
the R-3, Multiple Family Residential District. Shortly thereafter, Jeff's Bobby and
Steve's Autoworld bought the land to use as their own. On September 19, 2000, Tim
Johnson (City Planner) wrote Mr. Williams a letter (see attached) explaining that the
original CUP had become null and void because certain conditions of the CUP were not
fulfilled within a one-year period after approval. The letter also stated that Mr. Williams
would need to reapply for a second CUP prior to utilizing the property as a parking lot
for his business.
Jeff Bahe, d/b/a Jeff's Bobby and Steve's Autoworld, has recently applied for and
received a CUP for an outdoor storage lot in the City of Columbia Heights. During the
application process, City Staff reviewed the files pertaining to the Autoworld's properties
and determined that a second CUP had yet to be approved for the property located at
3827 Central Avenue.
At this time, Mr. Bahe is requesting a CUP to allow for off-street parking in the R-3,
Multiple Family Residential District, for his business per Code Section 9.109 (G)(3)(f).
The only vehicles allowed to park in this parking lot will be those vehicles that have had
repairs already made, and employees' vehicles. The subject property has been used
for the past 8 years as a storage lot for impounded vehicles, or vehicles waiting to be
worked on. Mr. Bahe's request would enable the current property to be cleaned up and
used in a manner consistent with City Code.
. City of Columbia Heights Planning Commission
Jeff's Bobby and Steve's - Conditional Use Permit
April 4, 2006
Case # 2006-0201
PLANNING CONSIDERATIONS
Consistency with Zoning Ordinance
The subject property is located in the R-3, Multiple Family Residential District, as are
the properties to the north. The properties to the west and south are zoned GB,
General Business, the same zoning classification as Jeff's Bobby and Steve's
Autoworld. The properties to the east are zoned R-2A, One and Two Family
Residential.
The Zoning Code at Section 9.109 (G)(3)(f) states that off-street parking is allowed in
the R-3 District for an adjacent conforming commercial use, as a Conditional Use,
provided the lots are in common ownership, the lots are not separated by a public right-
of-way and the lots front on the same public right-of-way. The two lots in question are
under common ownership and front on the same public right-of-way, being a common
alley.
Consistency with Comprehensive Plan
The Comprehensive Plan designates the property as medium density residential use.
Being that off-street parking is allowed as a Conditional Use, the proposed use of the
land would be consistent with the Comprehensive Plan.
FINDINGS OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in
order for the City to grant a conditional use permit. They are as follows:
(a) 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.
Off-street parking is specifically listed as a Conditional Use in the R-3,
Multiple Family Residential District in the City of Columbia Heights.
(b) The use is in harmony with the general purpose and intent of the
comprehensive plan.
The Comprehensive Plan guides this property as medium density residential.
The proposed use of the land would be consistent with the Comprehensive
Plan.
(c) The use will not impose hazards or disturbing influences on neighboring
properties.
Page 2
. City of Coiumbia Heights Planning Commission
Jeff's Bobby and Steve's - Conditional Use Permit
April 4, 2006
Case # 2006-0201
The neighboring properties most affected by this proposal are the residents to
the immediate east. These properties are situated above the subject property
and are oriented to Reservoir Boulevard to the east.
The subject property has been used as a storage lot for the past 8 years, with
as many vehicles as possible occupying the lot. The proposed CUP would
ensure that the number of vehicles stored on the property could not exceed
the number of striped parking spaces. For this reason, there will be less
vehicles stored on the property than ever before, making the situation less
obtrusive to the neighbors.
(d) The use will not substantially diminish the use of property in the immediate
vicinity.
The use of the properties in the immediate vicinity will remain the same. As
stated previously, the property will only be allowed to store a set amount of
vehicles, far less than the number of vehicles that have been stored on the
site for the previous 8 years.
(e) 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.
Specific conditions regarding the use of this property will be outlined in the
Resolution approving the Conditional Use Permit. These conditions will
ensure that the use will be operated and maintained in a manner compatible
with the appearance of the character of the area.
(f) The use and property upon which the use is located are adequately served by
essential public facilities and services.
The property located at 3827 Central Avenue NE meets this criterion.
(g) 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.
There will be less traffic congestion than previously due to the fact that fewer
vehicles will be permitted to be stored on the property.
(h) The use will not cause a negative cumulative effect, when considered in
conjunction with the cumulative effect of other uses is the immediate vicinity.
Page 3
. City of Columbia Heights Planning Commission
Jeff's Bobby and Steve's - Conditional Use Permit
April 4, 2006
Case # 2006-0201
Any negative effect that this use has had on the immediate vicinity will be
diminished because of the fact that fewer vehicles will be permitted to be
stored on the property.
(i) The use complies with all other applicable regulations for the district in which
it is located.
The proposed use will comply with all other applicable regulations for the
district.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council
approve the Conditional Use Permit for off-street parking, subject to conditions of
approval outlined below.
Motion: The Planning Commission recommends that the City Council approve the
Conditional Use Permit for off-street parking, 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. All required state and local codes will be met and in full compliance.
2. Any new lighting used to illuminate the off-street parking area shall be shaded or
diffused as to deflect the light away from the adjoining property and a lighting
plan will need to be reviewed and approved by staff.
3. A six-foot high fence shall be erected along the property line abutting a
residential district and shall be at least 80% opaque.
4. A bumper curb of 5-7 inches high is required around the perimeter of the parking
area.
5. There shall be a minimum of two feet of open space maintained between the
required bumper curb surrounding the parking area and the property line.
6. Driveways shall not exceed 6% grade and the parking lot shall be graded
according to a drainage plan, which have been approved by the Department of
Public Works.
7. The parking lot will need to be striped, with required parking stalls measuring 9' x
20'. A minimum drive aisle width of 24 feet must be maintained at all times.
8. The parking lot may not be used for the storage of inoperable vehicles, junk
vehicles, vehicles for sale, or vehicles scheduled for repair at Jeffs Bobby and
Page 4
City of Columbia Heights Planning Commission
Jeff's Bobby and Steve's - Conditional Use Permit
April 4, 2006
Case # 2006-0201
Steve's Autoworld. All vehicles stored on the lot shall have current license tabs.
9. The number of vehicles stored in the parking lot is limited to the number of
striped parking stalls on site. A parking detail will be submitted to the Planning
Department indicating the maximum number of parking stalls available on the
site.
ATTACHMENTS
. Draft Resolution
. Location Map
. Survey I Site Plan
. Letter from Tim Johnson, City Planner
Page 5
DRAFT RESOLUTION NO. XXXX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
JEFF BAHE OF JEFF'S BOBBY AND STEVE'S
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-0201) has been submitted by Jeff Bahe to the City Council
requesting a conditional use permit fi'om the City of Columbia Heights at the following site:
ADDRESS: 3827 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per
Code Section 9.109 (G)(3)(f), to allow off-street parking in the R-3, Multiple Family
Residential District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on April 4, 2006;
WHEREAS, the City Council has considered the advice and recommendations of the Plamling
Commission regarding the effect ofthe proposed conditional use permit upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
after reviewing the proposal, that the City Council accepts and adopts the following findings of the
Plaill1ing COill1nission:
I. 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.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring propeliies.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a maill1er that is
compatible with the appearance of the existing or intended character ofthe surrounding area.
6. The use and propeliy upon which the use is located are adequately served by essential public
facilities and services.
Resolution No. XXXX
Page 2
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.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part ofthis permit and approval; and in granting this permit the city and the applicant agree
that this permit shall become null and void if the project has not been completed within one (])
calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
I. All required state and local codes will be met and in full compliance.
2. Any new lighting used to illuminate the off-street parking area shall be shaded or diffused as
to deflect the light away from the adjoining property and a lighting plan will need to be
reviewed and approved by staff.
3. A six-foot high fence shall be erected along the property line abutting a residential district
and shall be at least 80% opaque.
4. A bumper curb of5-7 inches high is required around the perimeter of the parking area.
5. There shall be a minimum of two feet of open space maintained between the required bumper
curb surrounding the parking area and the property line.
6. Driveways shall not exceed 6% grade and the parking lot shall be graded according to a
drainage plan, which have been approved by the Depmtment of Public Works.
7. The parking lot will need to be striped, with required pmking stalls measuring 9' x 20'. A
minimum drive aisle width of 24 feet must be maintained at all times.
8. The parking lot may not be used for the storage of inoperable vehicles, junk vehicles,
vehicles for sale, or vehicles scheduled forrepair at Jeff's Bobby and Steve's Autoworld. All
vehicles stored on the lot shall have current license tabs.
9. The number of vehicles stored in the parking lot is limited to the number of striped parking
stalls on site. A parking detail will be submitted to the Plmming Depmtment indicating the
Resolution No. XXXX
Page 3
maximum number of parking stalls available on the site.
Passed this _ day of April 200_
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary 1. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
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CITY OF COLUMBIA HEIGHTS
:\olayor
Gary L. Peterson
Councilmembers
Donald G. Jolly
Marlaine Szurek
Julienne Wyckoff
John Hunter
City Manager
Walter R. Fehst
590 40TH AVENUE N.E.. COLUMBIA HEIGHTS, MN 55421-3878 (612) 782~2800 TOO 782-2806
COMMUNITY DEVELOPMENT DEPARTMENT
September 19,2000
Bobby Williams
Jeffs, Bobby and Steve's Autoworld
3701 Central Avenue NE
Columbia Heights, MN 55421
Re: Off-Street Parking Site Plan for Autoworld Business.
Dear Bobby,
I am writing you after speaking with Ken Anderson (Community Development Director), regarding the triangular
shaped lot east of Central Avenue and adjacent to the alley located behind Bobby and Steve's. Evidently there has
been an on-going plan to utilize this lot as an accessory use and parking extension for your existing business.
According to past agreements, a conditional use permit was issued for this site to allow for off-street parking in
accordance with Dr. Good's business. Evidently an agreement was made between Dr. Good and the owners of
Autoworld for Autoworld employees to utilize this parking area, as well as an agreement to pave the lot. The
original conditional use permit was approved in September 1998, with eleven conditions addressed in the approval.
However, because the conditions were not met, and the former owner never followed through on plans to pave and
stripe tlris lot, the City will require you to reapply for a new conditional use permit. By City Zoning Ordinance, a
conditional use permit is null and void if the conditional use isn't substantially fulfilled within one year of approval.
This now requires submittal of a conditional use permit application ($120.00), as well as a site plan sketch drawn to
scale showing tile proposed parking layout, the proposed drainage pattern, and landscape fencing to buffer the
adjacent residential properties. Note that the ordinance only allows for off-street parking facilities accessory to
commercial uses within four hundred (400) feet of the business. Please measure the distance from auto repair
business lot line to parking lot to confmn that this lot is within four hundred (400) feet of the business. The
proposed off-street parking area shall lay out all spaces to be paved and striped at 9 feet by 20 feet. witll adequate
access aisles for maneuvering. Preferably a minimum of twenty-two (22) feet for the access aisles. The ordinance
also requires that off-street parking facilities located off premises maintain ownership by deed or obtain a long-term
lease, and this information be provided-to the City. This plan shall also show the method of drainage proposed as the
current slope might be at or near 6%. The maximum slope is 6% and needs to be reviewed by the City Engineer
prior to approval. Weare requesting that an engineer prepare the plans and address drainage issues on site.
Landscaping shall also be provided at two hundred (200) square feet for every twenty (20) parking spaces. The
landscaping shall be complemented by a fence abutting residential properties of between 3.5 feet and 6 feet in
height, being 50% opaque. A curb island with a minimum width of five (5) feet shall be provided between the two
driyeway's. A bumper curb of 5-7 inches high, is required around the perimeter of parking area, with a minimum of
two (2) feet open space maintained between the required bumper curb surrounding the parking area and the property
line. Keep in mind that off-street parking areas shall not be used for open storage of boats, trailers, senil-trailers,
construction equipment, etc. They shall also not be used for the storage of inoperable vehicles, or vehicles for sale
or for rent. Feel free to contact me at (763) 706-3673 if you have any questions or need additional information.
~:~
Tinl Johnson
City Planner
Enclosures
KatllY Young (Public Works)
THE CITY OF COLUMBIA HEIGHTS DOES NOT OISCRIMlNATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER: 2006-0401
DATE: April 4, 2006
TO: . Columbia Heights Planning Commission
APPLICANT: James Sarna, Sarna's Restaurant
LOCATION: 3955 University Avenue
REQUEST: 2-foot parking stall length variance
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, James Sarna, d/b/a/ Sarna's Restaurant, is requesting a 2-foot parking stall
length variance throughout the project, per Code Section 9.106 (L)(7)(a). The proposed
restaurant will be approximately 6,000 square feet in area, with a seating capacity of 180
people. On October 24, 2005, City Council approved the Preliminary Plat and three (3)
variances for this project, including a 1 O-foot setback variance for hard surface parking, an
8-foot height variance for the monument sign, and a 35 square foot area variance for the
monument sign. The City Council has also approved the first reading for the vacation of
Lookout Place, which traverses through the property.
PLANNING CONSIDERATIONS
The property is zoned GB, General Business, as are the properties to the north, west and
the east (along 40th Avenue). The property also abuts some residential properties along
the eastern property line zoned R-3, Multiple Family Residential. The properties to the
south are zoned 1-1, Industrial.
The proposed building will be approximately 6,000 square feet with a seating capacity of
180 patrons. The Zoning Code would require 54 parking stalls based on the maximum
seating capacity of the restaurant at 180 people. Currently, the proposed development
includes 74 parking stalls on site, based on a parking stall configuration of 9 feet wide by
20 feet deep. Base on projected project costs, as well as the size and capacity of the
building, the applicant has concluded that more parking would be necessary on site to
accommodate for more patrons needed to make the restaurant economically feasible. The
proposed variance would shorten the parking stall length from 20 to 18 feet, and would
create an additional 15 parking stalls for a total of 89 stalls on site. The applicant feels that
. City of Columbia Heights Planning Commission
Sarna's Restaurant, Variance
April 4, 2006
Case # 2006-0401
89 parking stalls would be sufficient in conducting the restaurant business.
The applicants and City Staff have conducted some research as to the minimum parking
stall lengths in different cities throughout the metro. Attached is a table produced by the
applicants indicating their findings. City Staff was more interested in those cities that most
closely resemble Columbia Heights, as well as larger cities in the area. It was determined
that the cities of Crystal, New Brighton, St. Louis Park, Brooklyn Park, and Brooklyn Center
require only an 18-foot parking stall length. The exception for Brooklyn Park was for head-
on-head parking, in which the parking stall length increased to 19.5 feet.
CONSISTENCY 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.
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 applicants stated that the site in its entirety has been extremely difficult to work
with because of the preexisting conditions imposed on it. The proposed location for
the building is the only place it can be placed due to existing utilities. Based on the
size of the building the applicants feel that strict adherence to the parking code
would result in inadequate parking for the overall project. If the variance was not
granted, the applicants feel that the excess parking required for the project would
spill into the surrounding residential neighborhoods. Granting the variance would
enable the project to be self-contained and would minimize the impact of the
restaurant to the neighboring residential area.
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.
The use of the property is a restaurant in the GB, General Business District. The
configuration of the property, along with the size of the restaurant and the property
yield a small number of parking stalls available to the remainder of the site. These
Page 2
City of Columbia Heights Planning Commission
Sarna's Restaurant, Variance
April 4, 2006
Case # 2006-0401
conditions are unique to this particular piece of property attempting to accommodate
a full-service restaurant. Other similarly zoned parcels would not encounter the
same encumbrances as this particular piece of land.
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 the Zoning Code require a 20-foot parking stall. The difficulty in
this situation is that the restaurant would not be able to function on the parcel if
there were only 74 parking stalls on site. At the time ofthe variance request, the
applicants did not have a legal interest in the property, and are seeking a variance
to fulfill the needs of the restaurant.
4. The granting of the variance is in harmony with the general purpose and intent of
the Comprehensive Plan.
The particular use of a restaurant in a Transit-Oriented Development, as described
in the Comprehensive Plan, is consistent with the intent of the Comprehensive Plan.
Granting the variance would not alter this.
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.
Granting of this variance would be beneficial to the welfare of the general public, as
it would not encourage restaurant patrons to park in the residential neighborhoods,
or along heavily traveled roadways.
CONCLUSION
The success of Sarna's Restaurant hinges on the amount of parking that the property can
accommodate. The request of a 2-foot variance to the parking stall length is not
extraordinary when compared to other similar cities in the metro area. By granting this
variance, the restaurant will be able to add an additional 15 parking stalls, further ensuring
that the patrons would not be parking in the residential neighborhood to access the
restaurant. For these reasons, Staff recommends approval of the variance
Recommendation
Motion: That the Planning Commission approve the 2-foot parking stall length variance for
the Sarna's Restaurant with the following conditions:
1. All application materials, maps, drawings and other descriptive information
submitted with this application shall become part of the permit.
2. All access isles for handicap accessible parking shall be at least 96 inches.
Page 3
City of Columbia Heights Planning Commission
Sarna's Restaurant, Variance
April 4, 2006
Case # 2006-0401
I
3. Four (4) handicap parking spaces are required for 76-100 total parking
spaces.
Motion: That the Planning Commission recommends that the City Council approve the 2-
foot parking stall length variance for Sarna's Restaurant.
Attachments: Draft resolution, location map, site plan, letter from applicant, parking
stall analysis.
Page 4
RESOLUTION NO. XXXX
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR JAMES SARNA OF SARNA'S RESTAURANT
WHEREAS, a proposal (Case # 2006-040 I) has been submitted by James Sarna to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3955 University Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length
variance as per Code Section 9.106 (L)(7)(a).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on April 4, 2006;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect ofthe 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 findings of the Planning Commission:
1. Because ofthe pmticular physical surroundings, or the shape, configuration, topography,
or other conditions ofthe 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 oflmld
involved mld 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. XXXX
Page 2
FURTHER, BE IT RESQL VED, 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:
1. All application materials, maps, drawings and other descriptive information
submitted with this application shall become part of the permit.
2. All access isles for handicap accessible parking shall be at least 96 inches.
3. Four (4) handicap parking spaces are required for 76-100 total parking spaces.
Passed this _ day of April 2005
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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. Architecture Inc
SARNA'S INC.
2501 University Avenue N.E.
Minneapolis, MN 55418
February 17,2006
ATTACHMENT TO VARIANCE REQUEST
Mr. Jeff Sargent
City Plamler
City of Columbia Heights
590 - 40th Avenue N.E.
Columbia Heights, MN 55421
RE: Variance Request
Dear Jeff:
This letter is a follow-up to our recent conversations regarding our proposed development of a
bar/restaurant on the corner of 40th and Central. As you know, we are proceeding forward with
all of our due diligence for the acquisition and development of this property into a first-class bar
. and restaurant which will benefit the City of Columbia Heights ("City"). We have previously
submitted a Site Plan, proposed Plat and other variance requests in connection with this project.
Initially we asked and were granted variances for the set-back from the west property line for
parking and monument sign. As patt of our initial site plan, we laid out our proposed pat'king for
the site. Parking as shown in the site plan included 74 number of parking stalls. We have now
gone forward and are close to having the total numbers for both soft cost and hard cost for the
construction of the entire project. We have also spent a considerable amount oftime
investigating what it will take for this restaurant to be successful and have met with various other
bar and restaurant owners to discuss product delivery, site plan, etc. One of the items we failed
to adequately address and realize is the amount of parking required to ensure our project success.
There must be sufficient parking on our site to support all of our proposed users and ensure that
any of our potential patrons will not use any "off site" parking. We want to be good neighbors
and control the traffic on our site and ensure that our patrons do not impact adjoining residential
properties.
In reviewing the overall parking ratios, we believe we do not have enough parking stalls to
satisfy all of our potential customers. As indicated above, the previous plan approved by the
City included 74 parking stalls. The parking ratio cUlTently provided by City Code is 9 feet for
the width of each stall, 20 feet for the length of each stall, and a 24 foot drive aisle in the parking
lot to ensure adequate traffic flow. Although it is not applicable in this instance, we have
surveyed surrounding municipalities to determine what the parking ratios are and have found that
the City's current parking ratio for this type of restaurant use exceeds the requirements of
surrounding jurisdictions. Attached you will find a list of parking ratio requirements for various
municipalities.
Jeff Sargent
City of Columbia Heights
Page 2
February 17,2006
As you know, the site configuration and the existing easements for this Property require that the
proposed building to be constructed is located only in the southwest quadrant of the Property, as
shown on the site plan. Our building camlOt be constructed over any of the existing easements
for water, sewer, etc. As you also know, we have limited the size of our building as a result of
these easements and as a result of the existing easements and soil conditions.
The purpose of this variance is to request the City grant a variance for a change in the code from
a 20- foot wide parking stall to an 18- foot wide parking stall. We feel the 18- foot stalls are more
than adequate for ffilY automobile, SUV s, etc. As you can see from our proposed site plafl, we
have left the circulation lafles within the development at 24 feet afld the width of all parking
stalls at 9 feet. By changing the parking stall length from 20 to 18, we have created an additional
15 parking stalls for the project. Although I understffild the rationale of the City under the
existing parking code, we believe an 18- foot versus a 20- foot parking area for this type of proj ect
is more realistic and reflects what many other jurisdictions are requiring. I would also urge the
City to look into the possibility of revising its existing Code as the variance we propose more
accurately reflects the true parking ratio requirements for this type of development.
If the variance is approved, this project will gain afl additional fifteen (15) parking stalls.
Without the approved variance for the additional 15 parking stalls, we feel that the project will
not adequately park our patrons which will result in off street parking and/or result in the loss of
patronage for our business. Therefore, we feel that the variance is a necessity for this Property
and without the same we may not be able to go forwffi'd with our redevelopment.
We understand that in order to secure approval for the revised parking ratios and the revised
attached site plan, we must secure a variance. We also understand that as with any variance, the
City must provide factual findings to support the same. We have reviewed current ordinaflces of
the City for vffi'iances ffild propose the following recommended findings:
(6) Required findings. The City Council shall make each of the following
findings before granting a variance from the pI'ovisions of this article:
(a) Because of the particular physical surroundings, 01' the shape,
configuration, topography, 01' other conditions of the specific parcel ofland involved,
where strict adherence to the provisions of this al,ticle would cause undue hardship.
As you know this particular parcel of property has posed an extreme challenge for
redevelopment. There are utilities located on the east side, west side and traverse the
entire property through Lookout Drive. Our building location as proposed and shown on
the site plafl is the only area within this property where the building can be located as a
result of existing utilities. You are also aware we have or will be expending a significffilt
amouot of money to relocate existing utilities in order to construct our building as it is
presently proposed. Although we could construct our building in the southwest corner of
the site and comply with the parking as previously proposed, strict adherence to the
parking ratio would result in, we believe, inadequate parking for the overall project. We
Jeff Sargent
City of Columbia Heights
Page 3
February 17, 2006
believe the variance, if granted, would create an additional 15 parking stalls and would
ensure the success of our development by providing adequate parking for all patrons who
will patronize our business and ensure no "off-site" parking.
(b) The conditions upon which thc variance is based are uniquc to the
specific parcel of land involved and are generally not applicable to other properties within
the same zoniug classification.
As stated above, because of potential use as a bar/restaurant and the number of patrons
we expect, we believe our request is unique to this specific parcel and generally not
applicable to other propeliies with the same zoning classification.
(c) 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.
As ofthe date of this request, we do not have any legal interest in this propCliy.
(d) The granting of the variance is in harmony with the general purpose
and intent of the comprehensive plan.
The comprehensive plan for the City, as amended, provides for the particular use we are
seeking.
(e) The granting ofthe val"iance will not be materially detrimental to the
public welfare or matel"ially injurious to the enjoyment, use, development or value of the
property or improvements in the vicinity.
We believe the granting ofthis variance will be beneficial to the public welfare and not
be injurious to value of property or other improvements in the vicinity as it will ensure
on-site parking only and avoid parking in adjacent residential areas and/or traffic
congestion-parking on 40th Avenue N.E.
We are extremely excited about the potential for development of our propeliy and the
construction of a bar/restaurant will only enhance the overall image of the City. As you can see
from our proposed site plan and project drawings, we will be delivering a first-class development
to the City. Thank you for your anticipated cooperation. If you need any fUliher information,
please contact me.
Sincerely,
SARNA'S INC.
Ene.
305136_1
CITY DIMENSIONS. 2 STALLS DIFF
AISLE
COLUMBIA W D AISLE
HEIGHTS 9X20X24 64
ANDOVER lOX 18X24 60 -4
BLMNGTON IOXI8X24 60 -4
BRKL YN CTR 8'8"X 18X24 60 -4
BRKL YN PK 9X 18X25 61 -3
CRYSTAL 9X 18X24 60 -4
EDINA 8'6" X 18X24 60 -4
MPLS 8'6" X 18 X 22 58 -6 (ONE WAY AISLE 20')
N. BRG1-ITN 9X 18X24 60 -4
RICHFIELD 9X 19X22 60 -4
RBNSDALE 8'6" X 18 X 25 61 -3
STLPK 8'6" X 18X25 61 -3
ST PAUL 9X 18X20 56 -8
MANY CITIES DID NOT RETURN OUR CALLS SUCH AS ST ANTHONY, COON RAPIDS, MOUNDSVIEW,
GOLDEN VALLEY, FRIDLEY.
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2006-0402
DATE:
March 23, 2006
TO:
Columbia Heights Planning Commission
APPLICANT:
Dan Terzich, Frattallone's Hardware Store
LOCATION:
2261 - 3yth Avenue NE
REQUEST:
Conditional Use Permit for Seasonal Sales
PREPARED BY:
Jeff Sargent, City 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 9.106 (G)(5) of the Zoning Ordinance, seasonal agricultural sales
are a conditional use in all zoning districts. The ordinance limits the number of days that
seasonal agricultural sales may occur to 90 days. The ap~licant proposes to operate the
garden center for 90 days, from April 15th through July 15 h (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 13th 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 4, 2006
Case # 2006-0402
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 9.104 (H) 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 12 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.
Page 2
~ City of Columbia Heights Planning Commission
Frattallone's Greenhouse - Conditional Use Permit
April 4, 2006
Case # 2006-0402
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.
RECOMMENDATION
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 15th through July 15th, 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.
f
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
DRAFT RESOLUTION NO. XXXX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
FRATTALONE'S ACE HARDWARE
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-0402) has been submitted by Frattalone's ACE Hardware
Stores to the City Council requesting a conditional use permit from the City of Columbia Heights at
the following site:
ADDRESS: 2261 - 37'h Avenue.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS nIE FOLLOWING PERMIT: A Conditional Use Permit per
Code Section 9.110 (E)(3)(e), to allow outdoor sales or display.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on April 4, 2006;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect ofthe proposed conditional use permit upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
after reviewing the proposal, that the City Council accepts and adopts the following findings of the
Planning Commission:
!
f
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.
2. The use is in harmony with the general purpose and intent ofthe Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring prppelties.
4. The use will not substantially diminish the use of propelty in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance ofthe existing or intended character ofthe sunounding area.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services.
Resolution No. XXXX
Page 2
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.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become patt of this permit and approval; and in granting this permit the city and the applicant agree
that this permit shall become null and void if the project has not been completed within one (])
calendar year after the approval date, subject to petition for renewal ofthe permit.
CONDITIONS ATTACHED:
I. 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.
Passed this _ day of April 200_
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary 1. Peterson
Resolution No. XXXX
Page 3
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Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
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Location Map
FEB-08-2005 07:22
FRATTALLOelES HARDWAI,E
651 482 1527
P.01/01
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Febmary 8,2006
Pat Smith
City of Columbia Heights
Community Development Depaltment
590 40th Avenue NE
Columbia Heights, MN. 55421-3878
Fax 763-706-3671
RE: Conditional Use PelIDit
Dear Mr. Smith:
We are planning to display a tlower tent fox the purpose of selling green and flowering
plants. n]e tent will be 23' x 48' in size. We will have it installed on AprillSth and
removed by July 15th. It will be placed in the southea,;t comer of the parking lot.
Sh'Z:--)
~-L . ~ 'cL,
Dan Tel'zich
Stoxe Manager
Frattallone's Hardware Stores, Inc.
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DOES THE WINO EFFECT THE
GARDEN MART?
NO... The 5ketc."1 at me right stIowa the secret of holding
ttle GAROEN MART in placa during high winds.
1. Hanging tlasl<etS are hung from punlns attact1ed
direc:ly 10 {Me MOOS. This transfers all basket ~eight to
individual heODS.
2. The walgnt of all flats. pallets ana bench tops r~s~s
on the UnIque ~Ullt-ln bene" supports. Again. bencn
supports are rirmlY anac.1ad to dacn noop.
J. Heavy, water filled tutles or concrete bloCks rElst
direc~ly on lOe grcuna anlJ lower memoer of the bencn
~:uppat1s. (Over :3.000 pounas of watt!'f tjr 16.000 poundS
of conc~e!e :ICCX ,~OI"S Ine GM.60 in place.)
:-he -::omClnec 'N~lgnt 01 baskets. flats. sIde cencnlng
3nc: 'Naler :tJC~S -:~ :::nc~~!e ~loc~ IS concentrated alone;
~Otn SICles JT :.'\e GAROEN MART, This comoined weu;nt
~irmlY anC;1Qrs ;:1e GAROSN MAAT against '/erneal
ana s:raJc;nt line 'NInes.
Oplional galvanized Oench topS inc'ease display
flexlcliit'/. C.:nsi;L1c:ac of 16 ga. roll..tormed s~ee!.
:heS2 ~:'.:rC'l ':er.c:'! teos c:-eate we to 972 ~q. n. :f
:--....c-tle,.ec ~:s:lr;:i scaca :n :t1e 50' moce!. ~cc-'?r
Dene:: \Q;:'~ "':"'Gasure 1 '-d~ 'rJy (j'-a", !C\""~I.;)er1C:i :cc:;
are 3' .,J" ::;y :. .,:".
STIC:<.ONS
L3r-;~ i,6. <2-": ::'Jmcer S:IC~(ar 0'l=e slgns are
,nc~ucec. 3n~,"",:. ~asy :0 ~ead signs ::1{1 ;)e
;)ar:nanen:I'1' a::ac:"lac iO t::~ GAMOEN
.\1~RT. ~ 2. s;c;:"':S Inc:l.'ced. ,'-'Ia"a uc mar.y
;Jnrases 3L.;C:', 3.5. "8E':C'NG PL.:\NTS" or
'GAACE,\j Si....~?'_.E3 Je'';8rarlve flow'3fS
:r1c:L:dad.
I~~)~-'~-~
~ .:: 'J ~ } ~ " ... ;-2-
NMART... "~
..
v
HOW DOES THE POLY.VENT I:
SIDE OPERATE-:
Tho GAROEN MART'. Poly-Vont II SId.. can be ope'
or closed to maximlz.e customer c;omfort ana olan:
protectlon. Clase1.tlQ Sldeli completely to Keep OUl
raw spring windS. On nlcsr days. OQ8n me sides tor
maximum fresn airflow througn tt1e ~e[llnCJ area.
Dropping the sides to grounC118'Vel allows
customers to sl100 from outslde the
GAROeN MART. One small blower intlates
the PolyN.nt IS tuce:/:. When inffated.
FJoly~Vent [I seals dot COld and wina with
S.incnes of inSUlating: air scace. ?oly..Vltnt 1I
sides on your GAROeN MAAT aces weeKS
!o your selling season, leftmg you start ~arlY ~n
the spnng ana sell late Into tl1e fall. 7hIS means
adC:::eo sales atld ;::rc:i~s:11 your .:ccxet.
v
ga~C:1 ~1j(J andC3CS 3imc1y rest Oil :iico and c~ntat' :~r:c~ Slicccr-<::;;.
Sene:: sactiOr1C Hft ~tf easily to make (oom ~cr ~arge :ls>:lay .tems :;r '.C
G~eate instant aisles.
- .."'-~- .. ',' ~ ......- . . .
~~:_:_':" :.::.: '''~OEN.IiiAFrr~EClF1CAnONS
~..olH: 21'..0- ......... .:';",.cOVS: Mtit&o mil. '~I1CL'1 CC',.vN SYS"'iE1.1:
~: . "- ~ :.~~'WI "!rOOted porye1hylene --:-~12 r,l... :ta..x:.=:e OCl'y Hater
~..l-C>.IGT1-'.s: 3O'-<i'-, 48'.J".,.. ,5O%.>I1toOG . - ,.'lUOSIl- btJIrt ,nto icUlengm
;'!tl~..o'J 9&.:)" . ~~:.. : ~'': . ~ - ~ ..:....-..b.encn~:ocrn ,~L"'1
~~:::- _'~ ~":..:~l~i:NQ.P.Ot:'r.c:aar.emIL - ~Sd8Sf
Cp S~""NG.; ~-'T ~"-~,1:Nllt1laQ><l~ - -'OPTlOHAL c:=omer
l' r,",,-,' . - ,., ,\
;;::"'-;:;:.;' '~._"..lo. .....~ _...~-,"'"t-, '., ~.r~ed)C;::ocnrtecK>Cx
, ,Or...sTl'IAIGHT /'HNIGINaSllSKET _.lloId dCwT\ """"""
, IO~~-'T _ -, .,PURL.'NS:,four1ull . ,,'--
<ii!" _' - -- - _:~1::JlB;*,:'!JO'" .:~,a.aCrRlC1L;115V
,,~ . ~~~<>C' ,. -" "_." -.' - - -,,~--
~Gn.'::.~-:<;11 :0"_~~L-mCN:5'-\}<l'Uqh .~~-7-~=""1
~~_ :.'4,~:....-:""?_':"-~'-:~y...wKt1forSUOE.. ~tJ58'wrt1'l
~.Z'-c;ta;;'Mga. -'.".--;sroe "_:_~"-_ :"''':'''''""'KlCt'-~ II)
~SllleillAllng '.~'::. '-- . "":: .--," ";:";:.
,. . ''-:'''!~E?ANELS: ,-,,~P()LYFA.S'T'2-lS'
~FfflAY SIZE: 8'--1' __'-~'_, C:- oo~ '~. ).!lJmll1um WIqq:6 Wire
..,' ."}'8".a"~n '''' jC"lt~~nQ) .'~ .'._.. tortastBf,o=latJan
l::.:l~ .::....._7'~ "_ -;:'"!:,.. . .....:.:::..,;.:~,:,:: .- .~.::,,,':_.'~,.- .-~.,. -.
FAX 1..507 -663-0365
1-800-852-3443
CANADA CALL 1-507-663-0362
ol,),30X -l53 C,.\S,L:: FOC:". \<IN 55010
, ....... ./-'_' "-~.It.I'" ~.." "J~":I
ILJl.l IL_!l
.-
OMEGA POINI' LABORATORlE8, INC,
16016 SHADY FALLS ROAD
ELMF..NDOU. TltXM 78112
(210) 63l5oS100
(800) 1HI8-511S3
Fax No: (210) a35.8101
FAX TRANSMIttAL 811EET
TELEOOPYTO: Michael Crombie, PoLy-Ttx
DATE: ',brual')' 14, 2003
FAX NI:JMBICR: 6lS14lJ3.2479
Reaultll of ASTM Ea. tt'tM
If thLa trulluuinlo1\ wu trltomploto, plu" m.til'Y tilt und.r
bJI telePholle at cum 63.11.8100.
Par" Tr""'$roittlld. lncludil\i 'l'hi, ShUll I: ~5
.~ '
Q~~
"l!J..
~.. ,,41
~~ ~'Ilo"
Vi'llt. 0,;..,> \'vnlJ Site! WW~"'{'9.I.cl'm
.,..,'11\
POIII-lt"1"1IX Nolo
To,A1.
O..I~~
Plll)l'loi
..,
7671
<'
P"~
....._-~--~-~
-----...l
ASTM e84 OATASHEE:.1'S
CII."" PO" Y- Tell., iNO.
c.,., 211~IO~
T'm.: 3'''1 PI>I
'rUt Numb..: ~
"",joCI N~l1lh'r: 1.'~!O.11m1
o perl"": CI-i/!!H
lip'Gi""" 10: "$ M'"'~li PO" YETHYLeN! IGIlI!INI<OUSil PILMI 2' x 2.'. THI1
$PIICI ~a SUPPOl'l1'iji:l SY '100$ ~ WII'<!
n:$T RESULTS
FLAM1ii3PRff.40 INOI!)(; 8
SMOKIii DE\IfiUlJ'ID 11oIOWX: 40
speCIMEN OATA",
<.:
y"" IQ l;n1110n (Wll\l): t1
Tim. 10 Ma. Fa 'e",o): >>
1.4..1.....11 ~s (V"'I)' to
Tim. 10 9&0 ,., I....): NII.., "",_
1\1.. T,mp.ntlU/f ('F): !fJ7
Tim. 10 MI> T.m~",.luro (Iil<;): Ii6I
TOI~I PUll ~UI".d Icutli~ 1..0: :i*.:lO
~a'Tlm' ..".. (n'nun): fIJ
Sma" M.. (~A',,,",): lIli7
'u,1 AI'WI t'IP-mJn): ea.A
.u,1 CcrlrlllY". Velu.: .
Vnr\l\l1'ldV<l F$.: "'0
CALIBRATION DATA
TI,.,~ 10 <gnllion of L.., ~.o O.~ ,..<): $I
It.d O.~ S/I'IOko At.. l'h.....'I"l' 10ll.ce
Il~d O~~ 'u,1 /lore. ('F'/I'II"): 1m
OI~1l Fib., ioord Pet' Ai.. ("'mln): !as'
..... '0
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1trllltlClC No, ~ 1USO.' '33U1
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Temperatu'e (OF)
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rco-u:r-.::t'Jl:J"t .1.... .JI
rUL.l--'[:,"l
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ASTM ee4 DATASHeerS
CI'""" ~OcY'.T~~, INC
011'" 1/1:103
Time. ~.41 PM
Toel NumD"r S
Ploj_Ct N~lmlHor' q.ljI;loln3ilZ
Opera,.,' CH/I~
Spud",,,n 10' 'ij MiLl ffli~ ~O"VijT"f"I.ENE (GRi!eNHOVGII FILM) 2' X 2~"', The
sPiClll N A ~UPPOllT;O IlV ROL.l6 .. 'MRE;,
reST RESULTS
FI..4I11i8PREAD INDeX; :II
SNQK& OIMiI.OPlitltll:l&X1 30
Si=lECIMEN DATA, , '
Tw", 10 IliII1illoo (.10): 11
Tim. 10 1.4.. FS (lee): llIl
U..lln"", ~$ (11/1I'); M
r:me 10 9ftO 'F rile)' _ "_two
MI' T""'PItIltw. ('I'): Ill'
Tim. 10 MIlIC TOnll*lWl' (I.')' '"
'olal ~".I DurMd (cubic '~Illl' 31,llII
1I'$.Timt1 Aru (f1~fnir.): ...
llmo~. All' (~A'rnln): 3U
~uli AI" ('F'rMln): _0
F us' Conlrltlllltll Vllu", 0
U~rou~dtll FSi: Zl.i
CALtBRA TION DATA, . ,
Tim. to lenlll<:>n of UfO! "'od O.~ (ioiCl: IJ
Rid Ollk S~\"". "II. ('ItA'm,II): "Cl.ll1I
RIjQ Ou, FUll Art. ('I'~",I")' "",
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