HomeMy WebLinkAboutResolution No. 2009-73RESOLUTION N0.2009-73
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FRATTALLONE'S ACE
HARDWARE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2009-0602} has been submitted by Michael Frattallone to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 4340 Central Avenue.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code
Section. 9.110 (F)(3)(d), to allow outdoor sales/display.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on June 2, 2009;
WHEREAS, the City Council has considered the advice and recormnendations of the Planning
Commission regarding the effect of the proposed conditional use permit upon the health, safety, and
welfare of the conununity and its Comprehensive Plan, as well as any concenis 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 adapts 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 mamier 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.
F~YURTHER, BE IT RESOLVED, that the attached conditions, maps, and other infoi7nation shall
Resolution No. 2009-73
Page 2
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 far renewal of tl7e permit.
CONDITIONS ATTACHED:
1. The outdoor sales/display area is limited to the nine (9) parking stalls as denoted on the
submitted site plan.
2. The outdoor sales/display use shall be accessory to a commercial use.
3. All outdoor sales/display areas shall meet the setback requirements for a principal structure
in the zoning district in which it is located.
4. Outdoor sales/display areas within the public right-of--way are prohibited.
5. All goods shall be displayed in a designated area that is hard surfaced.
6. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
7. Music or amplified sounds shall not be audible from adjacent residential properties.
Passed this 8t~' day of June 2009
Offered by: Nawrocki
Seconded by: Dielmz
Roll Call: Ayes: Peterson, Williams, Nawrocki, Dielun, Kelzenberg
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Mayor Gary L. ` eterson
Attest:
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`~atricia Muscovitz, CMC
City Clerk