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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. 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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 3955 University Avenue "' .., " 42ND AVE 410 4159 4158 4157 4156 4157 4156 4157 4156 4 4153 4156 4153 4152 4153 4 4149 4154 4150 4151 4150 4149 4146 4149 4148 4149 4 4145 4145 4147 4146 4147 4146 4 4141 4144 4144 4142 4141 4141 4143 4140 4141 4140 4136 4 I- ~ 4139 4137 4136 4139 4138 4137 4136 4139 4136 (f) ~ " 4135 4132 4133 4133 4134 4131 4131 4130 4 4132 " 4131 4130 4129 4128 4129 4128 4 4125 4124 4125 4124 4125 4124 4129 4126 4129 4126 4 ~ 4121 4120 4121 4120 4121 4120 4125 4120 4120 4 W 4116 4117 4118 4117 4118 4116 4116 4 0 4117 4115 4112 4115 4114 4113 4112 ~ 4 4111 4110 4110 ~ 4109 4108 4111 4110 4111 4108 g 4 4120 4105 4104 4107 4106 4105 4104 4107 4106 4 . 4100 8 401 4100 4101 4102 4101 4100 4101 4100 4 4100 41ST AVE AV 4059 4057 4056 4057 4056 4 " 4057 4056 4055 4056 0 4055 4050 l- I- I- 4055 4052 I- 4053 4052 I- 4 300 4042 4051 (f) 4051 4046 (f) 4051 4050 (f) (f) (f) 4049 4050 4049 4040 4044 4045 4044 4047 4046 4047 4046 4045 4045 4036 4040 4041 4040 4041 4042 4043 4042 4041 4044 4039 4039 4036 4039 4036 4036 4037 4036 4039 4036 4034 4033 40" 4033 4034 4033 4034 4033 4032 = 4037 4031 4030 4031 4030 4029 4030 4033 4032 Z 4026 4029 4026 4024 4025 4024 4027 4026 4025 4026 4025 4026 12 4025 4024 Z 4025 4018 4023 4021 4022 4023 4022 4021 4022 (') 4021 4022 0 4017 4018 4019 4018 4017 4016 Z (f) 4014 4015 4016 I '" 4013 4012 4015 4012 4013 4012 LU h 4010 4009 4008 4011 4008 (f) 0 "- g 4006 I ~ ~ 4002 I 535 ~ "- 411 423 I- g 0 I- LU 4002 "' ill 4000 (l) .., ~ ~ ~ ill ill 0 3830 3800 3822 3825 3816 3810 3809 3804 ~ ill 5 3801 ~ 0 0 0 38TH AVE ~ ., 450 r-- " " :r: ,.; en <fu 0, 3891 N ..' 5 Location Map '----. 40TH AVE NE SIGN r---- I . .0 q... r T-r-"""1 "'I 1 I { .. 1- t=::ltf I I I I SIGN .,; P. 5.0 . 3.5 e1 63.0 '. 7 ~ ~ 5.00 . 8 2.01.0 LU > <t: ~ ff; 0:: LU > Z ....::).. -n-'--T- I I 24.0 18.0 ~,O ; 5.0 5.0 SIDEWALK ,.' 8 PAIR OF 7.0 WIDE GATE i. .: 5.0, / /?~/ \. ct. ) . ~.......---4: ; . . <.g', 111:;1 ..- ! ~ o ~ 1 .0. 27.0 .0 ~ 9 . , q "~.. .0::', .::... 'SITI:'P[AN" NORtH.. . . . PROPOSED PARKING 89 SPACES (4 FUTURE SPACES) ~._.~..~.........~. -_.~... ~"....-- ..,- ......~_ _"______n_. ~_.,~.__.._~__.. SARNA RESTAURANT BOLLARDS ALLEY PROPOSED ALLEY I 5.0 SIDEWAtK I .J o ' 0 LANDSCAPE 10 1.0 .. j ~"J _J ~ ( SUMMIT ST ". REVISED 11-07-05 i1..ri . 20 .. ssv . . 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 f I i Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary II /4021 I--- 1/ 14017 4020 / 4011 4008 ~655 ~ I ~ \4000 h ,Aas f)// 3979 "'" 3975 "'" \ 3971 61 - 3988 3983 3947 3941 ~ 3937 ~ U 3933 - 26 ~ 3929 ~ (j 3925 _ ~ 3919 16 =:\ 3915 ~-::Jl,Jl)l ~f;)'6 J~ ~l~ ~ \ ~ ~T~ ~ I:~ , , ~ ~ 3820 3842 3836 13830 ~ 3612 3810 3808 3804 3800 3726 3722 3716 3712 1621 ~T~ ~I ~ ~l ~ ~l --' w~, 5 3974 3970 3964 3958 3948 3944 3938 3934 3930 3918 3912 3908 3904 3900 3850 2261 - 37th Avenue 4027 ~ ~ 4019 - ~~ ~ 4005 I 40TH 3991 ~~fS ~ ~./>.oO> iV ~ 3973 3967 3955 3947 '3939 \ --3933 3927 3923 I 3917 \ 1~3911 3909 100 3901 100 U: 39TH 3849\...... ... ..... -"1 00 ~ ~ ~ 3845 I r;) m .... 0 3841 3825 3817 3813 3807 3801,.:'" -, 3719 ;. 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Location Map FEB-08-2005 07:22 FRATTALLOelES HARDWAI,E 651 482 1527 P.01/01 . ~,*".J~~~'~~~~ ~~~.. -~.-J [..... . . . . . . . ., .,' 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. TOTAL P.01 ~ ' d: 3 o j ~ ~ r Q/. ~ () ~ , C><> (3 -- .J. hi I-~ (:~ ~ - ':t: \-.. - I I ~ ,i: ..;-:!I t:.I ,. a: I(; -- ! ~~ o j ~ cr. t!:. ~ g c:: 'ill i{.4 i I,U ~ 8h ~ v^ ,W I- "'~ ' lu~ J ~!d ...J. rI $..L~li A. \.j.. I 1 t x )( \.. - I: ... .:l C1 'Clt U. , ...' ,OE ,1/ " - ..J cr 3 o d:- o a. ,., ... - f r'- r " I ~ I l (J... I u__ I a/} . , .. -:f ... '. <;. ,-- , . d 0- ... , I ' b . r ' r. , ' I - . , , , c , , , -- , I J cD I r I' , I f I I t I I I I 1/\ ~ - ~ a- v1 lf1 c . i I I I r t t -- f ~~ - I I I \ , , I I . I' V Q e ( t \ , , ;3~E~ GARDEn MARl ~f(I1 A~~k NEW~PRIN~ PLANT MERCHANDISE! The GAROeN MAfrr is designed to be a low cost. movable sales building for aooec spnn" plant sales. It C3J1 bll quickly set up in any retail parking lot. The GAROeN MARi otters proteC':iol'l tor your 'quality' plants al'ld shopping comfort for your customers. They will buy more on lhose col<j. wet spring days. FovnU.t! up Ilk. ;Xm411l. ."',tit UOOf5'r bel1cn SUODOt'tS QfUvide .;_ ~""......- No me3.$unnQ - no SUi$1WJork. a<lOilional dl'Qlay QIP!iCIlV CId6aJ ',~, SICJnt IInel. '. .. ~~ ": . Cliit81 POly on MOil to snow your PIQt1t:1 at me'r~l!'::il. NE"N ~or '94 as an 3!. tarnative :':' .:;OL'(~'.JEN'r. ;he suoe.$IOe ,endia. tlen sys:am operates manually ana requires no 8/er;t,7city. InStall ar.d fx.Jr.C::Ct\'i ,"'UC-1 like any sliding doer. For minimum venlliatic Simply ~1J3n panels open a IIttJe, Fer a ICl of air ;11Ovement ~"s ooen aU :ne way, If maximum ventilation is oesirtr.. the panels ca 08 completely removed as shown allove. Ju~t 11ft and pull out, --.. .I _..,,'......,~.....,:~4- ~~-...._. ~_.'..,....,..-, "~ '.' c_,,-~ "" -r--:::'="'~"" "::;A..=\CC'H UA,el"!' s:'t::'....n wtt/1 i2Cl;P/~Ni C!O~llc.l" it:. :Olo'/lf('C: :C. Sltlon, ,::St:",'-.'ENT ~rccs >.:-~mcjti~l.t.jY ~o {,"'Il grc",nd :e a;rC'W "~r gr!,l3.~ IIQr1tli<3DCr. aJ1C a \llt'N .j: :rc~~ ft'C~~::'id C1:.s;C'a ":.,:::i~, :'lc:e '.' :".~~l;;",' :)t ;::rCClJC": :Nouqn j1Q ::.~aar ~OIY ~no ::lane!. '~~~ CAAOf:N .~Atr:'-' ac:s: as a ~wlt:oarc ~Cl draw .\ttllf'ltlCfl (;J yewr s;mr'l~ ;;taNS, .~ . ,.....' $I_n a,oove <.$ a ~tlEN MAA'r """'e will' "'. n"" St,;Ot>.SlCE f6'f'ltJal)Ofl SYst~ INWlaa. Tho Clear '}.U'iai~. ine~:Q) c' dOIJc:hl 'Ncl:lle<: ?CI'fCal":-:onato. 'will ,'Ot st'latt~r ,:Jr cr:Jc.'{. ;....~~, .1(4) JlrnOSI T(}+J:!lfUC"..ac~e 'fel s~r l'9l"1twiltIQMI. gJ.$y :[1 ,Mcull J./'lO 'x..erac/!', -lI1-~~~~~;ili .. 3'..i.!!l .. .... -,", : """;'7', _ - =x ~"j .. ~~ -'''f'''''''''-- \ :-: ) ~2-:L-:.-I...-.~.._.L". --- 21' x JQ' . NQ more Willes. 381"11::1 tOOs atl! .1C'N maot! . l.oSlng:/'IQumcuoCl,lI<:l<CW)k'.,!oSY'5tlm.3Uiit:O ~'21' x ..:.8'. ~ :Ie .5:ro"9 lOd clean. ShatO c::,rnllirs :13'1e 21:< '50' . :. ()~etl rouncec otf at'0 banc~ ,oos 3tiel< ~9ntly "'f!iJ(\ p,ot ;n usa, Opocmal :rt.UlamOh,o ~ e ga. steel ~.ncn :ccs mi1.k1 ifrfltC::V4!! mercnat'll':l$ing a arl.:e. S-ar.'::" ;~:s: ant ,asiiy ."ftmO\ll)C ane Cl'3.c.'<lttS '3wlng Gl.f1 ct :r.e way ~o cisQlay lar~et itfmHl $uCtt as C:"'IfllStma$ ;re~$. !ftc. No Price Increase from '93 Inc!t..:c:as '.JCoer E\l:': !Qwa' Oa~~h i~~,:c.:':; Net :e::c~ ::':'~. tjp( i '( ^'C' ~ 1 I '-' STiLL ONU $232500 'J.J "1"~ .!8' . "i ! 0""..... "If' ~ _, A .1.. ~ .1., 21',( :50'.. :.?S",: ,~~ .. ----~. Galvanizsd 8enc:~ P3ckages C,:r.-,c'e~;:) :~;..,,::-, 5'.J~1::1;! :C{" 7613. ~l~ "~ '. ",,' ":4'_' ~_. 7:':; :1.. CANADA CAL!_ 1.507.663.0362 pr') 5CX ~5:3 C;A:37L::: I~CC:<. ,"tN 55010 ~"X 1 50- .~~ Q" ".- ...,.." - (-00..1" ,)fJ:.) 1-800.852~34j:.,~ ~-,--~---~_._..- c 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. 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