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HomeMy WebLinkAboutResolution No. 2006-050 RESOLUTION NO. 2006-50 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 - 37th Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE 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 of the 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 offire, 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: 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 properties. 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 manner that is compatible with the appearance of the existing or intended character ofthe surrounding 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 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 pennit 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 (1) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. Passed this 10th day of April 2006 Offered by: Diehm Seconded by: Kelzenberg Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg ~ i 4) c- & Il!. . ~ayor G~1? ;e;erson .. .~ Attest: (''''"\ \._) . . \f\/\ -+- /<-7 "< ;t, -< <:. J r~ l ! \\.Aj;,..A' _~T""( ~l ( Patricia Muscovitz, CMC--f-' { .. Deputy City Clerk/Council Secretary