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HomeMy WebLinkAboutResolution No. 2008-31RESOLUTION N0.2008-31 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NANCY PERCIVAL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0202) has been submitted by Nancy Percival to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 508 - 40"' 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)(1), to allow aconsignment/secondhand store. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on February 6, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Coininission 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 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 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 year after the approval date, subject to petition for renewal of the permit. Resolution No. 2007-31 2 CONDITIONS ATTACHED: 1. Consignment/secondhand stores shall be identified as stores whose primary existence is derived form more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from ail existing consignment/secondhand stores, currency exchanges and pawnshops. 2. The window and door areas of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. 3. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 4. Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. 5. An appointment or set hours shall be required for the acceptance of consigrunent or donated merchandise. 6. All receipt, sorting and processing of good shall occur within a completely enclosed building. 7. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Passed this 11th day of February 2008 Offered by: Williams Seconded by: Kelzenberg Ro11 Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg ~.. , ~_ ,~ ~ Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk