HomeMy WebLinkAboutDecember 5, 2006
CITY OF COLUMBIA HEIGHTS
MEMBERS:
Marlaine Szurek, Chair
Donna Schmitt
Rob Fiorendil1D
Mike Peterson
David Thompson
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.mn.us
PLANNING AND ZONING COMMISSION MEETING
7:00 PM Tucsday, Dcccmbcr 5, 2006
CITY HALL COUNCIL CHAMBERS
590 40TH AVENUE NE
1. Roll Call
2. Miuutcs from the Planning and Zoning Conm1ission Meeting of
November 8, 2006
3. Public Hcarings:
Case #2006-1201 CUP
3900 Stinson Blvd.
James RiclU110nd
4. New Busincss
5. Othcr Busincss
6. Adjoum
The Responsibility of the Planning Commission is to:
. Faithfully serve the public interest.
. Represent existing and future residents, and base Out' decisions and recommendations
on the Comprehensive Plan and Zoning Ordinance.
. Recognize the rights of citizens to participate in planning decisions.
. Protect the natural enviromnent 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 PROVISfON OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
NOVEMBER 8, 2006
7:00 PM
The meeting was called to order at 7:00 pm by Chairperson, Marlaine Szurek.
Roll Call:
Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek.
Also present were Jeff Sargent (City Planner), Shelley Hanson (Secretary), and Bruce Kelzenberg
(Council Liaison).
Motion by Peterson, seconded by Fiorendino, to approve the minutes Fom the meeting of October 3,
2006. All ayes. MOTION PASSED.
PUBLIC HEARINGS
,
CASE:
APPLICANT:
LOCATION:
REQUEST:
2006-1102
Eric Wade Russell
3806 Jackson Street
VARIANCE A 5-foot side yard setback variance to the north, a 15-
foot side yard setback variance to the south for a new house, and two
3-foot side yard setback variances for a driveway.
INTRODUCTION
At this time, Wade Russell is requesting four (4) variances in association with the constlUction of a new
house located just south of the house located at 3806 Jackson Street. Two variances are needed for the
placement of the principal structure on the property. They include a 5-foot side yard setback variance to
the north lot line and a I5-foot side yard setback variance to the south lot line, per Code Section 9.109
(C). The other two variances are needed for the placement of a shared driveway. Both properties will
require a 3-foot side yard setback variance for the driveway per Code Section 9.1 09 (C).
The applicant proposes to construct a new house just south of the existing house located at 3806 Jackson
Street. The current legal description of the property in question describes two separate lots. Because
these are buildable lots of record, the applicant is able to split these parcels through Anoka County, and
request the necessary variances through the City of Columbia Heights. The lots of records are
undersized according to today's lot size requirements in the R-3 District. However, there is a provision
in the Zoning Code that allows the construction of a new principal structure on a buildable lot of record,
as long as the lot of record meets 60% of the minimum lot area or lot width requirements for the district
in which it is located.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area towards Low Density Residential, and the proposed use is a
single-family residence. The use is consistent with the types of uses found in Low Density
classifications. The proposal will include a new house and garage on the southern parcel and a new
garage for the existing structure on the northern parcel.
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
NOVEMBER 8, 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 subject parcel is a 40-foot lot in the R-3 District. The conditions upon which the vmiance is
based are unique to all 40-foot lots in the R-3 District. By conducting a survey of all single-
family houses in the R-3 District, it was determined that the average lot width for these parcels
was approximately 51 feet.
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 setback standmds that are too extreme for this
particular piece of property in the R-3 District. In the R2-A District, this proposed building
would not require setback variances, The applicant has not created the hardship being used to
justify the granting of the variance requests,
4, The granting of the variance is in harmony with the general pUl]Jose and intent of the
Comprehensive Plan.
The intent of the Comprehensive Plan for this area is to promote Low Density Residential
housing, Improvements on a pre-existing low-density parcel are consistent with the purpose and
intent ofthe Comprehensive Plan.
5, The grantlng 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 these variance requests would support the type of housing that the Comprehensive Plan
support. The addition of a new house in the area would be consistent with the type of housing
surrounding it. The addition of a garage for the existing principal structure would also bring the
existing propelty in more compliance, as the Zoning Code requires a minimum 20' x 20' gmage
on all residential properties,
After reviewing this variance application, Staff concludes that the setback requirements for the R-3
District pertaining to one and two family dwellings do not allow the construction of a single family
home, Granting the applicant's variance requests would allow the applicant to use the propelty in the
same fashion as any other single-family dwelling owners can utilize theirs in the R-3 District. Staff
recommends approval of the variance requests,
Ouestions from Commission members:
Szurek asked whether the lot had been split yet. Smgent explained that the parcel was originally platted
as two separate lots, The existing house sits on one of the lots, Because they were already platted as
two lots, he can separate them without Council approval.
Szurek questioned what address would be assigned to the new house. Sargent answered that the new
address will be assigned by personnel in the Building Depmtment. Szurek then asked if the new house
would meet the side yard setback of 5 feet, which is the requirement if the propelty were zoned
differently, as most other residential properties are, He stated that it would meet that requirement. He
went on to explain that the existing house is grmldfathered in at a 4 foot setback to the side propelty line,
That is where the house was placed years ago and the property line is not being changed at all.
PLANNING & ZONING COMMISSION MINUTES
PAGE 5
NOVEMBER 8, 2006
DRAFT RESOLUTION NO. XXXX
RESOLUTION APPROVING A V AlliANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF. COLUMBIA HEIGHTS ZONING CODE
FOR ElliC WADE RUSSELL
WHEREAS, a proposal (Case # 2006-1102) has been submitted by Wade Russell to the City Council requesting
a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3806 Jackson Street
LEGAL DESCRIPTION: Lot 14 and IS, Block 85, Columbia Heights Annex to Minneapolis, Anoka
County, Minnesota.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback variance for a new
house per Code Section 9.109 (C), a IS-foot side yard setback variance for a new house per Code Section
9.109 (C), and two 3-foot side yard setback variances for a new driveway per Code Section 9.109 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on
November 8, 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, 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 sa~ety, 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 pmticular physical surroundings, or the shape, configuration, topography, or 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 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.
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:
I. All application materials, maps, drffivings and other descriptive information submitted with this
application shall become part of the permit.
2. The applicant shall obtain a "Work Within the Right-ofway" permitfrom the Engineering
Departmentfor the construction of the curb cut for the new driveway.
3. The garages shall be architecturally compatible to the principal structures, incorporating similar
building materials and colors.
4. The applicant shall establish a driveway easement agreementfor the shared driveway and record it
with Anoka County.
PLANNING & ZONING COMMISSION MINUTES
PAGE 7
NOVEMBER 8, 2006
With a total of 287 beds on the campus, coupled with the fact that there is no more than one bed per
room, the required number of parking spaces for the entire campus is 144 stalls. Currently, the entire
campus has 187 outside parking stalls and 17 covered parking stalls on site.
The proposed plan would reduce the number of outside parking stalls by three (3), but would increase
the number of inside parking stalls by 20. When the project is complete, the campus as a whole would
include 221 parking stalls, exceeding the City's minimum requirements.
Fire Access. The Fire Chief has reviewed the proposed plans for the additions to the building and the
parking garage. The construction of the new parking garage would require the removal of a fire lane
needed to access a portion of the campus. The Fire Chief stated that a new fire lane would need to be
added to the south of the proposed 20-stall garage, to be within a minimum 150 feet of the Crest View
Lutheran Home.
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.
The proposed use is specifically mentioned as a Conditional Use in the R-3, Multiple Family
Residential District.
(b) The use is in harmony with the general purpose and intent of the comprehensive plan.
The use is in harmony with the general purpose and intent of the comprehensive plan, as it is
High Density Residential.
( c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed additions would be appropriate for the existing use of the buildings. The
proposed additions would also meet all required setbacks for the R-3 District, and thus shall
not impose hazards or disturbing influences on neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
All setback requirements will be met with the proposed additions to the existing structures.
For this reason, the use of the properties in the immediate vicinity will not be diminished.
(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.
The proposed addition to the building will not alter the way that the existing business has
been operating throughout its existence. The use will be designed, constructed and
maintained in a proper fashion.
PLANNING & ZONING COMMISSION MINUTES
PAGE 9
NOVEMBER 8, 2006
Motion by Schmitt, seconded byFiroendino, that the Planning Commission recommends the City
Council approve the Conditional Use Permit for an addition to the senior living facility located at 4444
Reservoir Boulevard, 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 infull compliance.
2. All application materials, maps, drawings and descriptive information submitted with this
application shall become part of the permit.
3. Afire lane will be added, and located no less than 150feetfrom the Crest View Lutheran Home.
Plans to be approved by the Fire Chief prior to the issuance of a building permit for the
additions.
All ayes. MOTION PASSED.
The following Resolution will go to the City Council November 13,2006.
RESOLUTION NO. XXXX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
CREST VIEW CORPORATION
WITIllN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-1103) has been submitted by the Crest View Corporation. to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 4444 Reservoir Boulevard
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit pel' Code Section
9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family
Residential District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
November 8, 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, ail', danger of tire, 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
thc 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, 01' 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 propelties.
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 of the existing or intended character of the surrounding area.
PLANNING & ZONING COMMISSION MINUTES
PAGE II
NOVEMBER 8, 2006
Comforts of Home provides various types of senior housing and levels of care to its customers, but will
focus on an assisted living facility in Columbia Heights.
The proposed Comforts of Home building will incorporate a Montessori school as well. The school will
be run independently from the assisted living facility, and will be located on the north end of the
building.
The southern parcel will be approximately one (l) acre in size. This property will be a commercial pad
and possibly the location of a new City-owned liquor store.
PLANNING CONSIDERATIONS
Comprehensive Plan
The Comprehensive Plan guides the property at 2101 - 37'h Avenue "Commercial". Consequently, the
proposed use of the land would not meet the intent of the Comprehensive Plan. Therefore, the property
needs to be reguided to High Density Residential to allow for an assisted living facility. For this reason,
the applicant is requesting a Comprehensive Plan Amendment to reguide the nOlihern parcel from
"Commercial" to "High Density Residential". It should be noted that the parcel just north of the subject
propeliy is also guided towards High Density Residential in the Comprehensive Plan.
Zoning Ordinance
The propeliy at 2101 - 37'h Avenue is currently zoned GB, General Business. As part of the overall
request for the use of the land, the applicant would like to rezone the northern 2.47 acres of the property
to R-3, Limited Multiple Family Residential. This zoning classification is consistent with abutting
property zoning classifications, and would enable Comforts of I-Iome to locate on the parcel with a
Conditional Use Permit.
The R-3, Limited Multiple Family Residential District requires a minimum of 400 square feet of land
area for everyone (1) unit for a congregate living facility. The proposed assisted living facility will
have 58 units, requiring a minimum of 23,200 square feet of land. The proposed land area for the parcel
will be 107,593 square feet, meeting the minimum land area requirement for the district.
FINDINGS OF FACT
Zoning Amendment
Section 9.1 04 (F) of the Columbia Heights zoning code requires that the City Council make each of the
following findings before approving a zoning amendment:
1. The amendment is consistent with the Comprehensive Plan.
The proposed zoning amendment will rezone a portion of the subject property from GB, General
Business, to R-3, Limited Multiple Family Residential. The applicant is concurrently requesting
a Comprehensive Plan Amendment, which would make the proposed zoning amendment
consistent with the new Comprehensive Plan designation of J-Jigh Density Residential.
2. The amendment is in the public interest and is not solely for the benefit of a single property
owner.
The proposed zoning amendment would rezone a parcel of land for the proposed use of a senior
assisted living facility. This type of use would be a benefit to the general public. The
Comprehensive Plan indicates a housing goal of life-cycle housing available to the public. It
also encourages the City to ensure that the community's elderly residents and residents with
special needs have safe, sanitary and affordable housing.
PLANNING & ZONING COMMISSION MINUTES
PAGE 13
NOVEMBER 8, 2006
Ouestions from Commission members:
Fiorendino asked when the Lot Split would need to occur? Sargent stated that by approving the
Preliminary Plat, the lot split is complete. Fiorendino then asked why staff thinks it is better to develop
the site as residential rather than commercial? Sargent responded that one goal of the Comprehensive
Plan is to ensure that life cycle housing is kept up and that Sr. housing is provided for current residents.
Because this site has already been vacant for more than two yeaTs without much interest from
commercial developers, staff felt it would be a nice fit for that area. By abutting the new Assisted
Living Bldg. to the current apmiments that house mostly seniors to the n01ih, this is a natural fit to the
area overlooking Hart Lake. It is exactly what the City wanted to do with this area, even though only a
small part is being done at this time.
The question was asked ifthe City would be purchasing the site for the possible Liquor Store or leasing
the space. Sargent said if the plan goes through, the City would be purchasing the site, but a final
decision has not been made on that at this time.
Schmitt questioned how a Liquor store could be located so closely to the Montessori School. We have a
300 foot minimum distance between such uses according to our City Ordinance.
Sargent explained that if the Liquor Store were to be located first, the Montessori School could then
locate there if they so choose. However, ifthe Montessori School were there first, then the 'Liquor Store
would not be allowed to go in that close to the school. All pmiies are aware of the proposed plans, and
have determined that it wouldn't be an issue. I-Ie said there would be approximately 220 ft between the
two buildings as the planned commercial site is being moved forwm'd toward 37th Avenue. Right now,
the current Liquor Store is in much closer proximity to where the Montessori School would possibly be
located. Sargent went on to explain that at this time the Commission is not being asked to approve a
site plan and that the Liquor Store is just a proposed use of the conunercial site at this time. The
decision the members must make tonight is whether to approve amendments to the Comprehensive Plan,
the Zoning Ordinance, and the Preliminary Plat.
Fiorendino asked if city staff felt this was in the best interest of the City to find a way around the
Ordinance requirements, and to locate a Liquor Store at this pmiicular site. Sargent explained tllat it was
not his decision to make.
Peterson also felt that the welfare of the community and children should be protected and that this
proposed use is not in keeping with the intent ofthe established Ordinance. Sargent again reminded
members that this decision is not part of the request before them tonight. Those issues will be addressed
at the time the Site Plan is considered. By then, a more concrete plan for the intended use will be
known.
The Public Hearing was opened:
Ray Muno of3813 Hayes St. at first was concerned about losing retail property. But after looking at the
plan he thought it would be a nice fit in the area. He feels storm water and drainage issues would be
addressed by nice landscaping and garden areas, that in turn, will protect Hart Lake. I-Ie also thinks the
Liquor Store issue is not w01ih worrying about as the current Liquor Store is actually closer to the
PLANNING & ZONING COMMISSION MINUTES
PAGE IS
NOVEMBER 8, 2006
Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council
approve the Comprehensive Plan Amendment to change the guidance of the landfi'om "Commercial" to
"High Density Residential". All ayes. MOTION PASSED.
Motion by Peterson, seconded by Schmitt,that the Planning Commission recommend that the City
Council approve the rezoning of the northern property fi'om GB, General Business, to R-3, Limited
Multiple Family Residential based on following conditions of approval that have been found to be
necessary to protect the public interest and ensure compliance with the provisions of the Zoning and
Development Ordinance, including:
1. The approval of the rezoning of the property is contingent on the Metropolitan Council's
approval of the Comprehensive Plan Amendment.
All ayes. MOTION PASSED.
The following Ordinance and Resolntions will go to the City Council November 13,2006. Sargent
explained the Ordinance will have to have two readings, and will become effective 30 days later. Once
that is in effect and the Comprehensive Plan has been amended, then the Final Plat, Site Plan, and
Conditional Use Permits can be addressed.
ORDINANCE XXXX
CITY OF COLUMBIA HEIGHTS, MINNESOTA
BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428,
PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 2101- 37TH
AVENUENE
SECTION 1:
WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City to
focus redevelopment efforts on in an attempt to beautifY the City and encourage positive growth; and
WHEREAS, the City of Columbia Heights recognizes that the GB, General Business zoning does not allow the
flexibility needed to accommodate successful redevelopment in accordance with the proposed development; and
WHEREAS, rezoning from GB, General Business to R-3, Limited Multiple Family Residential provides
flexibility in the project redevelopment, and allows for an assisted living facility and a higher density land use;
and
WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution XXXX,
and is in the public interest and not solely for the benefit of a single property owner; aud
WHEREAS, the zoning classification of the property for the proposed development is compatible with the
proposed R-3, Limited Multiple Family Residential classification, and
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the
proposed rezoning from GB, General Business to R-3, Limited Multiple Family Residential.
SECTION 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
PLANNING & ZONING COMMISSION MINUTES
PAGE 17
NOVEMBER 8, 2006
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 proposed preliminary plat conforms to the requirements of 99.114.
2. The proposed subdivision is consistent with the Comprehensive Plan.
3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good
planning and site engineering design principles
FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become
pmt. of this subdivision approval.
CONDITIONS:
1. The development agreement must reflect an agreement between the City and the developer on what
utilities and streets within the project will be the City's long-term maintenance and repair
responsibilities.
2. The Plat should identifY the name of the proposed development.
3. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as
indicated on the SWPPP plan.
4. The City standardfor drive entrances is a concrete apron matching the concrete curb and gutter.
5. If any existing curb and gutter grades are less than one percent (1%) at the driveway cuts, provide a
concrete cross gutter.
6. All erosion control measures shall be installed and inspected by the City prior to any site activities
beginning.
7. Any site grading prior to final plat approval will require an excavation permit, obtained fi'om the
Engineering department.
8. An NPDES permit will be required, at the time of construction. The City also reserves the right to require
additional erosion control measures during construction, as conditions warrant.
9. All restoration of tUlf areas in the Public Right-ai-Way (ROW) shall be by foul' (4) inches of
topsoil/sodding.
10. All work within Public ROW shall be inspected by the City Engineering Department. Twenty foul' (24)
haul' advance notice of an inspection is required.
11. All utilities (water main, sanitGlY sewer and storm sewel:!, shall meet the City of Columbia Heights
specifications for materials and installation.
12. Disconnect any existing utility service stubs in accordance with Public Works requirements.
13. All sidewalks shall meet ADA requirementsfor pedesf1'ian ramps and grade.
14. At final plan submittal, the developer must provide planlproflle sheets for the utilities.
15. The Development area is in the Rice Creek Watershed District, which requires a separate permit for
sUlface water management.
NEW BUSINESS
None.
OTHER BUSINESS
No other business.
The meeting was adjourned at 8:12 pm. All Ayes.
Respectfully submitted,
Shelley Hanson
Secretary
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2006-1201
DATE:
December 5, 2006
TO:
Columbia Heights Planning Commission
APPLICANT:
James Richmond
LOCATION:
3900 Stinson Boulevard
REQUEST:
Conditional Use Permit for Retail Space in the LB, Limited
Business District and Site Plan Approval
PREPARED BY:
Jeff Sargent, City Planner
INTRODUCTION
At this time, Jim Richmond d/b/a Marianne Richmond Studios, Inc. (MRS), is requesting
a Conditional Use Permit (CUP) for a retail component of his business. The Zoning
Code requires a CUP for any retail not to exceed 2,500 square feet in area for
businesses located in the LB, Limited Business District. Mr. Richmond is proposing to
incorporate approximately 600 square feet of retail space in the former Silver Lake
Clinic building, located at 3900 Stinson Boulevard.
Marianne Richmond Studios, Inc. is a book publisher and gift company. Founded in
1991, the company produces a range of products, including gift books, greeting cards,
and ceramic plates. Customers include small gifts shops and national chain stores such
as Target and Wal-Mart. In addition to designing its own line of products, the company
also licenses, designs and develops products for other gift companies. There are six
full time professionals and six part time employees that work for the business.
The proposed business located at 3900 Stinson Boulevard will function as a
professional art studio, focusing on the design of the products. The business will not
produce any of the products on-site. MRS utilizes local printers and sources out all of
the book orders to the Far East. There will be some minimal storage of products for
order fulfillment at the proposed business location. The applicant will also be
constructing a 720 square foot addition to the south end of the building to accommodate
a receiving area for incoming and outgoing shipments.
In the near future, Mr. Richmond hopes to incorporate a showroom/retail store, which
requires the proposed Conditional Use Permit. Future plans also include the opening of
City of Columbia Heights Planning Commission
Marianne Richmond Studios, Inc. - Conditional Use Permit
December 5, 2006
Case # 2006-1201
a classroom/conference facility where Ms.
community education courses and creativity
clientele.
Richmond can conduct established
classes for individuals and corporate
COMPREHENSIVE PLAN
The Comprehensive Plan guides this parcel as Low Density Residential. The property,
however, is zoned LB, Limited Business. The proposal is consistent with the intent of
the City's Comprehensive Plan for commercially zoned properties.
ZONING ORDINANCE
The property located at 3900 Stinson Boulevard is zoned LB, Limited Business.
Professional studios are specifically listed as a permitted use for this district. As a
Conditional Use, retail space not exceeding 2,500 square feet may be allowed. The
applicant is requesting a retail space of approximately 600 square feet.
The applicant is aware of some zoning issues pertaining to the property. The south end
of the parking lot is currently unpaved. As a condition of approval, the applicant will be
required to pave the gravel portion of the driveway. The applicant has also developed a
landscape plan, which addresses some screening requirements of the City when a
commercial entity abuts residential uses.
ParkinQ. There are four components to the proposed use of the building. The first is
the professional studio and office component, which requires 1 parking stall for each
300 square feet of area for the studio. The second use is the retail component, which
also requires 1 parking stall for each 300 square feet of retail space. The third use is
the conference room, which requires 11 parking stall for each 3.5 seats based on
design capacity. The final use is the storage component, which requires 1 parking stall
for each 3,000 square feet of storage space. The following shows the required number
of parking stalls required for each proposed use:
Use
Square FootaQe
# Stalls Required
Professional Studio:
Bookstore (Retail)
Assembly Hall
Storage Area
2,990 square feet
600 square feet
36 seats
4,370 square feet
10
2
10
1
23 stalls
TOTAL
The proposed use will require 23 on-site parking stalls. The proposed plans indicate
that there will be 26 parking stalls on-site on the property containing the building.
Currently, there is a second parking lot located just north of the building. This parking
lot is situated on two separate parcels zoned R2-A, One and Two Family Residential.
Page 2
City of Columbia Heights Pianning Commission
Marianne Richmond Studios, Inc. - Conditional Use Permit
December 5, 2006
Case # 2006-1201
The applicant's goal is to be able to accommodate all of the parking needs on the
property containing the building, and some day would like to develop the two
residentially zoned properties as single-family homes.
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.
A professional studio is a specific Conditional Use as listed for the LB, Limited
Business District.
(b) The use is in harmony with the general purpose and intent of the
comprehensive plan.
The Comprehensive Plan guides this parcel as Low Density Residential. The
property, however, is zoned LB, Limited Business. The proposal is consistent
with the intent of the City's Comprehensive Plan for commercially zoned
properties.
(c) The use will not impose hazards or disturbing influences on neighboring
properties.
All setback requirements will be met with the proposed addition to the
building. The proposed use of the building is consistent with the types of
uses allowed in the LB, Limited Business District. For these reasons, the use
should not impose hazards or disturbing influences on neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate
vicinity.
The use of property in the immediate vicinity will remain unchanged as a
result of the proposed use of the land.
(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.
The intended character of the surrounding area is that of a singleOfamily
neighborhood and commercial establishments consistent with the single-
family neighborhood. Being that the proposed use is contained in an existing
Page 3
City of Columbia Heights Planning Commission
Marianne Richmond Studios, Inc. - Conditional Use Permit
December 5, 2006
Case # 2006-1201
building with a small addition, the use will be maintained in a manner
compatible with the surrounding area.
(f) The use and property upon which the use is located are adequately served by
essential public facilities and services.
The use and property upon which the use is located are adequately served by
essential public facilities and services.
(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.
The City Engineer has reviewed the proposed plans and did not have any
issues with traffic congestion. Typically, this type of use does not generate an
excess amount of traffic in the area.
(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.
The proposed use is a bookstore, which is permitted as a Conditional Use in
the District it is located. It is intended that the use will not cause a negative
cumulative effect on the immediate vicinity.
(i) The use complies with all other applicable regulations for the district in which
it is located.
The use complies with all other applicable regulations for the district in which
it is located.
RECOMMENDATION
City Staff recommends that the Planning Commission recommend approval of the
proposed retail space for the professional studio.
Motion: The Planning Commission recommends that the City Council approve the
Conditional Use Permit for retail space no larger than 2,500 square feet for the building
located at 3900 Stinson Boulevard, 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 application materials, maps, drawings and descriptive information submitted
with this application shall become part of the permit.
2. The gravel driveway on the south end of the property shall be resurfaced with a
Page 4
City of Columbia Heights Planning Commission
Marianne Richmond Studios, Inc. - Conditional Use Permit
December 5, 2006
Case # 2006-1201
hard-surface material as approved by the City Engineer.
ATTACHMENTS
. Draft Resolution
. Location Map
. Survey / Site Plan
. Application materials
Page 5
RESOLUTION NO. XXXX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
MARIANNE RICHMOND STUDIOS, INC.
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-1201) has been submitted by Marianne Richmond Studios,
Inc. to the City Council requesting a conditional use permit from the City of Columbia Heights at the
following site:
ADDRESS: 3900 Stinson Boulevard
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per
Code Section 9.110 (D)(3)(r), to allow retail sales not exceeding 2,500 square feet in area, in
the LB, Limited Business District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on December 5, 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 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:
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 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 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 of the surrounding area.
6. The use and propelty upon which the use is located are adequately served by essential public
Resolution No. XXXX
Page 2
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:
1. All application materials, maps, drawings and descriptive information submitted with this
application shall become part ofthe permit.
2. The gravel driveway on the south end of the property shall be resurfaced with a hard-surface
material as approved by the City Engineer.
Passed this _ day of December 2006
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
Marianne Richmond Studios, Inc.
Date: 11/22/2006
Attn: Jeff Sargent
RE: Description of Marianne Richmond Studios, Inc.
Marianne Richmond Studios, Inc (MRS) is a book publisher and a gift company.
Founded in 1991 we product a range of products including gift books, greeting cards
and ceramic plates. Our customers include small gift shops to national chain stores
such as Target and Walmart. In addition to designing our own line of gift products
we also license designs and develop products for other gift companies.
Our full time staff numbers six professionals. The average number of part time
employees at Marianne Richmond Studios is six.
We do not produce any of our products on site. MRS utilizes local printers and we
source all of our books from the far east. We do store our products and fill orders
from our main office location.
Our near term plans include opening a showroom/retail store and opening a
classroom/conference facility where Marianne can conduct her established
community ed courses and creativity classes for individuals and corporate clientele.
Jim Richmond, General Manager
RICHMOND BUILDING
CITY SUBMITTAL
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REMODEL & ADDITION
COLUMBIA HEIGHTS, MfNNESOT A
HICKEY THORSTENSON GROVER
wvvvv.htg_archlteota.oorn
9300 Hennepin Town Road
Eden Prairie, MN 55347
Tel: 952.278.8880 Fax: 952.278.8822
PROJECT
APPLICANT:
ARCHITECT:
CIVIL ENGINEER,
CONTRACTOR:
RICHMOND BUILDING
JIM RICHMOND
4021 SILVER LAKE "ROAD
COLUMBIA HEIGHTS, MINNESOTA 55421
teL, (612) 18<\-13~q
H.T 13. ARGHITEG TS
'1300 HENNEPIN TOHN ROAD
EDEN PRAiRIE, MINNESOTA 55341
teL. (q52) 21B-BBtlO
foxl ("152) 218-8b22
GOfltod: Tom Hoarse
RLK INCORPORATED
6110 BLUE CIRCLE DRIVE, SUITE 100
MINNETONKA, MINNESOTA 55343
teL. (~52) Q33-cJ<t12
fox: ('152) l.J33-1153
Gontoc,t. Jeff Bloc-k.wBII
SCOTT EtllLDER5
12 DIVISION STREET
B1JFFALO, MINNESOTA 55313
leI.: (163) 684-0000
fox, (163) 6B4-0402
Contact. Rick Sc.ott
REMODEL & ADDITION
3900 STINSON BLVD. NE
COLUMBIA HEIGHTS, MINN,
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CONTRACTOR SHAll FIELD VERIFY LOCATIONS AND ELEVATIONS
OF EXISTING UTILITIES AND TOPOGRAPHiC FEATURES PRIOR TO
THE COMMENCEMENT OF SITE GRADING. THE CONTRACTOR
SHALL IMMEDIATELY NOTIFY THE ENGINEER OF DISCREPANCIES
OR VARIATIONS fROM THE PLANS.
ALL EXISTING UTILITY lOCATIONS SHOWN ARE APPROXIMATE.
CONTACT ~GOPHER STATE ONE CAll~ (651-454-0002) FOR
UTlUTY lOCATlONS, 48 HOURS PRIOR TO EXCAVATION.
ALL EROSION CONTROL MEASURES TO BE INSTALLED PRIOR TO
REMOVALS.
CONTRACTOR TO REMOVE/RELOCATE EXISTING PRIVATE UTILITIES
AS NECESSARY. CONTRACTOR TO COORDINATE ACTIVITIES WITH
UTILITY COMPANIES.
CONTRACTOR IS RESPONSIBLE fOR All REMOVALS NOTED ON
PLANS. ALL PERMITS, APPUCA TlONS AND FEES ARE THE
RESPONSIBJlITY OF THE CONTRACTOR.
CONTRACTOR IS RESPONSIBLE FOR PROTECTING, OR REMOVING
AND REINSTALLING, All FENCES, SIGNS, MAlLBOXS AND OTHER
MISCELLANEOUS ITEMS. MAIL SERVICE MUST BE MAINTAINED
ll-IROUGHOUT CONSTRUCTION. TEMPORARY OR PERMANENT
RELOCATION OF ABOVE ITEMS MAY BE NECESSARY AND SHALL
BE COORDINATED WITH ll-IE APPROPRIATE PARTY. ALL WORK
REQUIRED TO COMPLETE lHE ABOVE SHALL BE CONSIDERED
INCIDENTAL TO THE PROJECT.
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SITE NOTES
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CONTRACTOR SHALL FIELD VERifY LOCATlONS AND ELEVATlONS
OF EXISTING UTIL1TIES AND. TOPOGRAPHIC FEA nJRES PRIOR TO
THE COMMENCEMENT OF SITE GRADING. THE CONTRACTOR
SHALL IMMEDIATELY NOTIFY THE ENGINEER OF DISCREPANCIES
OR VARIATIONS FROM THE PLANS.
ALL DIMENSIONS ARE SHOWN TO THE FACE OF CURB UNLESS
OTHERWISE NOTED.
BUILDING DIMENSIONS REFER TO THE OUTSIDE FACE OF
BUILDING UNLESS OTHERWISE NOTED.
TYPICAL FULL SIZE 90' PARKING STALL IS 9' X 18' UNLESS
OTHERWISE NOTED.
ALL CURB RADII SHALL BE 5.0' UNLESS OTHERWlSE NOTED.
ALL CURB AND GUmR TO BE B612 UNLESS OTHERWISE NOTED.
PEDESTRIAN RAMPS TO BE CONSTRUCTED AT ALL CURB
CROSSINGS OF SIDEWALK.
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Jeff Blackwell
RLK, Inc.
6110 Blue eircle Drive, Suite 100
Minnetonka, MN 55343
Re: Proposed building doek expansion @ 3900 Stinson Blvd, Columbia Hts (RCWD 06-138R)
Jeff,
Our office received the building dock addition plans proposed for the above-referenced propelty.
The project does not trigger storm water management requirements under RCWD rules and does
not impact wetlands or floodplains. Drainage routes are proposed to remain the same. Therefore,
no permit from the District will be required for this project as proposed.
Please contact us if you have any questions or if the scope of your project changes, so we can
determine if you require a permit.
~~
Ken Powell
Permit Coordinator
Cc: District Inspector/Engineer
City of Columbia Heights
RCWD 06-138R
BOARD OF
MANAGERS
""
Andrew J. Cardinal, Sr.
Anoka County
Barbara A. Haake
Ramsey County
James A. Leroux
Washington County
Susan R. Oven
Ramsey County
Donald J. Steinke
Anoka County
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