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HomeMy WebLinkAboutMay 2, 2006 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421~3878 (763) 706~3600 TDD (763) 706~3692 Visit Our Website at: www.ci.columbia-heights.mfl.us MEMBERS: Marlaine Szurek, Chair Donna Schmitt Rob Fiorendino Mike Peterson David Thompson PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, MAY 2,2006 CITY HALL COUNCIL CHAMBERS 590 40TH AVENUE NE 1. Roll Call 2. Minutes from the Planning and Zoning Commission Meeting of April 4, 2006 3. Public Hearings: . Case #2006-0501 CUP 3919 Central Avenue NE Swenson's Greenhouse 4. New Business: None 5. Other 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 participate in planning decisions. . Protect the natural environment and the heritage of the built environment. . Exercise fair, honest, and independent judgment. . Abstain from participation when they may directly or indirectly benefit from a planning decision. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING April 4, 2006 7:00 PM The meeting was called to order at 7:00 pm by Chairperson Szurek. Roll Call: Commission Members present-Thompson, Fiorendino, Peterson and Szurek. Schmitt arrived at 7:03 pm. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of March 8, 2006. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2006-0201 Jeff Bahe, Jeff's Bobby and Steve's 3827 Central Avenue Conditional Use Permit for Off-street Parking 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 MI'. Williams a letter (a copy was enclosed in the agenda packets) explaining that the original CUP had become null and void because certain conditions of the CUP were notfulfilled within a one-year period after approval. The letter also stated that MI'. Williams would need to reapply for a second CUP prior to utilizing the property as a parking lotfor his business. Jeff Bahe, d/b/a Jeffs 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 subj ect 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 propeliy to be cleaned up and used in a manner consistent with City Code. PLANNING & ZONING COMMISSION MINUTES PAGE 3 APRIL 4, 2006 (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. 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. Staff recommends that the Planning Commission recommend the City Council approve the Conditional Use Permit for off-street parking, subj ect to the conditions of approval provided in the recommended motion. Questions bv Members: Peterson questioned if the intention is to use the lot for employee parking and vehicles that have been repaired, and waiting to be picked up, then tow trucks would not be used to deliver or remove vehicles from this site. Mr. Bahe, the owner, stated that is correct. It is not a public parking area and employees would be parking and removing the vehicles. He also stated that the site would be configured differently and would be re-striped. Peterson asked if additional lighting would be added as he had a concern about it affecting neighbors in the area. Mr. Bahe stated no additional lighting would be installed. The alley lights currently in place are sufficient. Schmitt asked if the area would continue to be used for the summer car shows. Mr. Bahe said it may, if it is an approved use of the site. Jeff Sargent, Planner, said he would look into this and let him know. PLANNING & ZONING COMMISSION MINUTES PAGE 5 APRIL 4, 2006 There was a discussion regarding the requirement in this circumstance. Szurek agreed with Mr. Bahe and didn't feel an opaque fence was necessary as the parking area being discussed abuts the parking lot of the apartment building for the most pmt. And the elevation of the Apartment site is higher than the 3827 Central site, so tenants will still overlook the parking lot even if the 6 ft fence is screened. Sargent said there is a mesh material that could be attached to the present fence that does not completely block visibility, but would meet the 80% opaque coverage required. The possibility of tabling this to seek a variance of this condition was discussed. However, it was decided there is no hardship, which is necessary in order to obtain a variance. Fiorendino reminded the members, their responsibility is to uphold the code as it is written. We cmmot make exceptions to the rule, even though in some circumstances it may make sense. The code is written to represent what is best in "most" cases, and decisions must be made to ensure that issues conform with the code requirements. Therefore, the motion will stand as made with the noted conditions, including the need for a privacy fence along the propelty line abutting the apmtment propelty. All ayes. MOTION PASSED. The attached Resolution will go to the City Council at the April 1 0, 2006 meeting. 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 from 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, Mnltiple Family Residential District. PLANNING & ZONING COMMISSION MINUTES PAGE 7 APRIL 4, 2006 9. The nnmber 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. Passed this _ day of April 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretaty CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2006-0401 James Sarna, Sarna's Restaurant 3955 University Avenue 2-foot parking stall length variance 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 9.1 06 (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 10-foot setback variance for hard surface parking, an 8- foot height vat'iance 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 nOlth, west and the east (along 40th Avenue). The property also abuts some residential propelties along the eastern property line zoned R-3, Multiple Family Residential. The properties to the south are zoned 1-1, Industrial. PLANNING & ZONING COMMISSION MINUTES PAGE 9 APRIL 4, 2006 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 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 propelty. 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 of the 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. 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 with the noted conditions. Questions bv Members: Fiorendino asked how many of the spaces will be 18 feet in length. Sargent stated that all of them would be configured at this length if approved. Schmitt questioned if this is acceptable for the handicapped spaces also. Sargent explained that there will be 4 handicap spaces. The length of which will also be 18 feet, however they must provide for a 96 inch access isle for each of these handicap parking spaces. PLANNING & ZONING COMMISSION MINUTES PAGE II APRIL 4, 2006 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 # 2006-0401) 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 reqnired 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 variance upon the health, safcty, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property valnes, 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 of the particular physical surroundings, or the shape, configuration, topography, 01' other conditions of the specific parcel of land 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 of land involved and are generally not applicable to other propelties 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 injurions to the enjoyment, use, development or value of pro petty or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (I) 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. Foul' (4) handicap parking spaces are requiredfor 76-100 total parking spaces. Passed this _ day of April 2005 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gmy L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary PLANNING & ZONING COMMISSION MINUTES PAGE 13 APRIL 4, 2006 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 fi'om 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 necessQlY utilities. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic: The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity: As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are 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 reconmlend the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to two conditions included in the recommended motion. Questions bv Members: No questions. PLANNING & ZONING COMMISSION MINUTES PAGE IS APRIL 4, 2006 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 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 (1) calendar veal' 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 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 L. Peterson Attest: Patricia Mnscovitz, CMC Depnty City Clerk/Council Secretary NEW BUSINESS None MISCELLANEOUS Sargent updated the members on the Linders Greenhouse case that was approved last month. He spoke with the applicant and he said there was no problem setting up the grcenhouse and maintaining the required 20 ft. access to the rear of the tent. The meeting was adjourned at 8:00 pm Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-0501 DATE: April 24, 2006 TO: Columbia Heights Planning Commission APPLICANT: James Swenson LOCATION: 3927 Central Avenue REQUEST: Conditional Use Permit for Seasonal Sales PREPARED BY: Jeff Sargent, City Planner INTRODUCTION James Swenson 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 until July 1, 2006. (see attached letter). The attached site plan illustrates the 20' x 60' greenhouse location, which will be located along Central Avenue in front of the Salvation Army store. The greenhouse structure will house a variety of plants and flowers for sale to the public. The applicant anticipates that there will be no more than 5-6 customers at any given time. The principal uses of the subject parcel are preexisting and legally nonconforming, and comply with zoning regulations. The greenhouse will displace approximately seven parking spaces. This will be the Swenson's first year of 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 Swenson's Greenhouse - Conditional Use Permit May 2, 2006 Case # 2006-0501 CONSISTENCY WITH ZONING ORDINANCE The Zoning Map classifies the property as CBD, Central Business District. Retail uses are allowed in this zoning district. The Swenson's proposal will impact approximately seven parking spaces. Overall, the proposed greenhouse 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 CBD, Central 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 greenhouse and related business proposed will be placed on the westerly portion of the parking lot along Central Avenue. The location 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: The proposed garden center should not negatively impact the existing character of the vicinity, being that the character of the vicinity is commercial. 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 Swenson's Greenhouse - Conditional Use Permit May 2, 2006 Case # 2006-0501 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 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 CBD, Central 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 3927 Central Avenue through July 1, 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 Fire Department will require a structure plan indicating the location of the exits and fire extinguisher placements. 2. The Fire Department will require a flame spread certification for the membrane structure. 3. 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 JAMES SWENSON WITIDN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0501) has been submitted by James Swenson to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3927 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.I 10 (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 May 2, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Plarming 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, propelty 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 ofthe Plarming 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 ofpropelty in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a marmer 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. 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 oftraffic. 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 (1) calendar veal' after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I. The Fire Depmtment will require a structure plan indicating the location of the exits and fire extinguisher placements. 2. The Fire Department will require a flame spread celtification for the membrane structure. 3. 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 May 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary 1. 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