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HomeMy WebLinkAboutOctober 7, 2008 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING OCTOBER 7, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. 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 Schmit, seconded by Peterson. to approve the minutesfi'om the meeting of September 3. 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-1001 ChUl'ch of All Nations 4301 Benjamin Street Parking Sctback Variance INTRODUCTION In the summer of2008, the Church of All Nations upgraded the parking lot for the church located at 4301 Benjamin Street, by replacing the crumbling asphalt with a concrete surface. As pati of the overall plan for the project, the Church of All Nations decided to reconfigure the parking lot by incorporating angled parking in an effort to create much needed parking for parishioners. During the construction of the new parking lot, the church also decided to remove a landscaped area adjacent to Benjamin Street and replace it with more parking stalls, again in an effort to obtain more on-site parking. What the church did not realize is that removing the landscaped area and replacing it with parking, was a violation of the City's Zoning Code. The need for additional on-site parking for the church is apparent, as the church has grown dramatically in membership over the last several years, with membership and worship attendance of nearly 250 people. At this time, the Church of All Nations is requesting a 21.5-foot front yard setback variance for parking per Code Section 9.109 (C). COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Institutional, which supports religious institutions. A variance to allow more parking on this site would be consistent with the intent of the Comprehensive Plan guiding of the area. ZONING ORDINANCE The property located at 4301 Benjamin Street is zoned R-I, Single Family Residential and is also located within the Shoreland Overlay District of Silver Lake. All the properties in the immediate vicinity are also zoned R-I, with the exception of Silver Lake Beach located to the southeast. Planning & Zoning Commission Minutes Page 2 Octobcr 7, 2008 The R-I District requires a 25-foot front yard parking setback. The Church of All Nations is proposing to add more parking at a setback equal to a pre-established setback distance for other parking on the property. Because this pre-established distance is only 3.5 feet ft'om the front property line, a 21.5-foot front yard parking setback variance is required in order for the church to obtain the additional parking they need. SHORELAND DISTRICT. The property at 4301 Benjamin Street is located within the Shoreland Overlay District of Silver Lake. The Shoreland Ordinance was established in order to help protect impaired waterways throughout the City of Columbia Hcights. One way the ordinance accomplishes this is to require no more than 35% of a property be covered with hard surface materials. This cnsures a low rate of rainwater runoff and hclps reduce the amount of sediment entering the protected lakes. The Church of All Nations property is approximately 90,785 square feet in area, and prior to the construction of the new parking lot, had approximately 49,000 square feet of hard surfaces covering the lot. This equates to approximately 54% of the property covered with hard surface materials before the new parking lot was installed. Because of the cost of the concrete parking surface, the Church of All Nations was forced to slightly reduce the overall size of the parking lot. Even with the inclusion of the paved area that the church is requesting a variance for, the overall hard surface area on the property has been reduced. LANDSCAPING. The City of Columbia Heights received some concerns that the Church of All Nations had removed required landscaping abutting Benjamin Street. Upon inspection of the property, it was discovered that the church installed the concrete parking lot directly up to the curb along Benjamin Street. The City requires that all the setback areas be landscaped with sod and trees, and that the City right-of-way be landscaped as well. Originally, the Church of All Nations proposed using a concrete planter constructed of retaining wall bricks to serve as the required landscaping in the city right-of~way. This would be a cost-savings approach because cutting up and removing the existing concrete would be too expensive for the church. City Engineer Kevin Hansen stated that this would not be a viable option however, as the contents within the proposed planter would infiltrate into the storm sewer during a rain event. Also, as the moisture in the planter expands during the f1'eezing cycle, the planter would break apart. City StafY requires that the area between the curb line of Benjamin Street and the approved parking lot setback be landscaped in a manner approved by the City Engineer. STORMW ATER MANAGEMENT. During the construction of the parking lot, the Rice Creek Watershed District (RCWD) contacted the Church of All Nations because of some concerns they had regarding stormwater management and rainwater runoff. Since that time, the Church of All Nations has worked with RCWD and resolved all their concerns. The City of Columbia Heights would like evidence that all requirements of RCWD have been fulfilled. Planning & Zoning Commission Minutes Page 3 October 7, 2008 FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City to grant a variance. They are as follows: a) 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 hardship in this case is based on a large parking setback requirement for a church located in a residentially zoned area, coupled with the growing need jar additional on-site parking. Churches are allowed in all zoning districts with a Conditional Use Permit. The underlying parking setback requirements for residential properties are proper for residential uses, but are restrictive for a church use that needs ample amount of on-site parking. b) 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 classitication. The parcel in question is in a residentially zoned area with a church use. The Church of All Nations is experiencing rapid membership growth, which requires more on-site parking. The majority of other parcels in the R-I District do not have the same use o.fland to contend with. 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. The hardship is caused by provisions of the ordinance, which require a larger parking setback than what would be found in other zoning districts jar a church use. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The granting o.fthe variance would support the use o.fthe property as a church and the guidance of the property as an institutional use. e) 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. The granting of the variance would create more on-site parking for the church. This would be benejicial to the surrounding area, as fewer vehicles would be parked on the street, causing less congestion. The requested setback variance will also rejiect an existing established setback jilr parking on the property, so the degree of noncol1formity will not be increasing. Plam1ing & Zoning Commission Minutes Page 4 October 7, 2008 Staff recommends approval of the variance request. The proposed setback for parking at 3.5 feet from the front property line is keeping inline with a pre-established parking setback of the same distance. With a growing membership, the Church of All Nations needs more on-site parking, which the variance would allow for. This would allow parishioners to remain on-sitc and not park in the street. Questions from members: Szurek qucstioned exactly how much green space needed to be restored to satisfy the requirements if they allowed them to use the pre-existing set back. Sargent reviewed the maps with the commission members detailing the portion that would need to be restored to landscaped, green space which is required to control water run off. He explained that church members who did the work were unaware of the zoning ordinance requirements at the time they did the project. Since re-paving a parking lot does not require a permit, they failed to check on other issues that would pertain to the property. He said staff may recommend establishing a permitting process for properties located in the Shoreland Overlay District to ensure compliance with the new requirements. Sargent also explained that their plan to remedy the situation with planters over the concrete was not acceptable to Kevin Hansen, the City Engineer, as excess water and dirt would wash into the storm sewer system, rather than soak into the ground. He stated that Hansen would need to approve whatever plan they come up with, but feels the best solution is to cut out the section of concrete and restore it to a sodded area with trees. With this stipulation in place, staff recommends approving the variance for the extended parking. All members were in agreement that the new parking lot is a big improvement of the site and acknowledged the expense and work that went into the project. They also realize the expense of removing some of it, but stated there are rules in place for a reason, both from the City's standpoint and the Rice Creek Water Shed as it lies in the Shoreland Overlay District of Silver Lake. Thompson stated he suppOlis the variance ifthc green area is restored with sod and trees. He believes that the current location of parking spaces that close to the road is dangerous especially in the winter when plowing throws huge ice chunks that could cause damage to cars in the lot. He also felt a parking plan indicating the handicap spots should be submitted for approval. Schmitt questioned the date of June 2009 to restore the green space. Sargent explained that staff' was allowing this time framc because of the change of seasons and to allow the church members to make a decision of how to correct the green space issue in a cost effective way. Planning & Zoning Commission Members Page 5 October 7, 2008 Public Hearing Opened: Lloyd Thelen from Dayton, is a new member of the church. Hc said the membership thought they were making a huge improvement to their property and expended all their funds into the project. Since they were informed of possible violations, they have stopped all work until the situation is resolved. They will do whatever is necessary to comply with the direction they are given. Jim Neeb lives across the street from the church. He acknowledged thc new parking lot looks much niccr than the old one did, however, he would likc to see some green space to somewhat buffer the parking lot area. Joo Kim 4209 Washington St also is a member of the church. He cxplained they did convert some space that once was parking lot to green space that isn't depicted on the pictures used. He said the additional green spacc is located behind the silt fence, and although it hasn't been planted yet, it will be. He also shared an idea they had for a raised bed ofplantings. Szurck told him that it would be up to Kcvin Hansen to approvc any idea they come up with, but that any run off cannot be directed to the catch basin. That is what they are trying to prevent. Kim said that most of the drainage goes to the back ofthe property adjacent to the City Parkland where it was sodded prior to the work the city is doing on it at prescnt. I-Ie said that Rice Creek Watershed has been very helpful and that they are satisfied with the project on their end. Szurek assured him the park property will be restored to a sodded area once the project is complete. Dana Haroway of 130245 Y:z Ave is a member who said they chose concrete because another member was able to do the work with volunteer help from the membership. She stated they were not trying to break any rules and were making their best attempt at improving the site. She said their goal was to provide more parking in the lot and to limit the amount of parking on the neighborhood streets. Gary Peterson reported he spoke with Pastor Jin and that he had visited the site and discussed the possible planter idea with him. Since Kevin Hansen denied that option, he is confident that members will come up with an alternative that is acceptable. Public Hearing Closed. Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Council approve the variance to code section 9.109 (C), for a 21.5-foot front yard parking setback variance for the Church of All Nations locatcd at 4301 Benjamin Street, 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 Church of All Nations shall submit a plan to restore the right-of-way and area between the property line and the approved parking setback with landscaping by June 1, 2009. The City Engineer shall approve said plans. 2. The Church of All Nations shall supply the City with a letter from the Rice Creek Watershed District approving the parking lot resurfacing project. All ayes. MOTION PASSES. The following Resolution will go to the City Council October 13,2008. Planning & Zoning Commission Minutes Page 6 October 7, 2008 RESOLUTION NO. 2008-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR THE CHURCH OF ALL NATIONS WHEREAS, a proposal (Case # 2008-1001) has been submitted by the Church of All Nations to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4301 Benjamin Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 21.5-foot front yard parking setback variance per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on October 7, 2008; 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 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: I. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the 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 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 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. CONIDTIONS ATTACHED: 1. The Church of All Nations shall submit a plan to restore the right-of-way and area between the property line and the approved parking setback with landscaping by June 1,2009. The City Engineer shall approve said plans. 2. The Church of All Nations shall supply the City with a letter from the Rice Creek Watershed District approving the parking lot resurfacing project. Planning & Zoning Commission Minutes Page7 October 7, 2008 OTHER BUSINESS Thomspon stated he had obtained a temporary sign permit for a Charity event being hosted for the Fire Explorers. He had asked that the fee be waived, but was told it couldn't be. Sargent responded that staff has been discussing this issue and has decided thc fee will be refunded to Mr. Thompson. Sargent told members that a Resolution would be going to the City Council October 27,2008 to request an extension for the submittal of the Comprehensive Plan Updatc. He said that due to staff changes and the changes taking place in the economy and housing market during the last year, the focus has shifted on what issues the city will need to concentratc on. The biggest issue is the increase in rental properties due to the large number offoreclosures that have taken place in our city. Gary Peterson told members that the City Council and staff have implemented several new policies to help with this situation. He told them about the new, more stringent inspection that new rental properties must go through prior to getting a license to rent. Also being considered is a "vacant property" policy that will require an inspection to ensure the house is habitable prior to anyone being able to re-sell something that is unsafe for occupancy. He believes this pro-active approach will help maintain the housing stock especially in regards to the rapidly increasing number of rental properties in our city. The meeting was adjourned at 8:05 p.m. Respectfully submitted, -0 ~o ~aNJ<SV\ Shelley Hanson Secretary