HomeMy WebLinkAbout20091103P & Z MinutesPLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
NOVEMBER 3, 2009
7:00 PM
The meeting was called to order at 7:00 pm by Vice Chair-Donna Schmitt.
Commission Members present- Fiorendino, Schmitt, and Peterson. Thompson arrived at 7:05 pm
Excused members-Szurek
Also present were Gary Peterson (Council Liaison), Jeff Sargent (City Planner), and Shelley Hanson
(Secretary).
Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meetings of October 6, 2009
and October 20, 2009. All ayes. MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER: 2009-1101
APPLICANT: Fadia Salem
LOCATION: 3701-05 Reservoir Boulevard
REQUEST: Rezoning of property from GB to R-2A
BACKGROUND
Sargent explained that the applicant is in the process of purchasing the property at 3701-OS Reservoir
Boulevard. Currently, the property is zoned GB, General Business. The previous use of the property was
both single-family residential and commercial. The business was on the first floor and the residential
component was on the second floor.
The perspective buyers would like to use the structure as a single-family house only and do not have any
plans on retaining the business. While the single-family aspect of the building was in use, it was
considered legally nonconforming because the Zoning Code does not allow for single-family uses in the
GB District. Because the property has been vacant for longer than one year, the single-family component
may not be used unless the property is rezoned to accommodate it.
COMPREHENSIVE PLAN
The Comprehensive Plan currently guides the property for Low Density Residential. Rezoning the land to
allow for a single-family use would be consistent with the guidance of the Comprehensive Plan.
ZONING ORDINANCE
The subject property is currently zoned GB, General Business, as is the property to the north along Central
Avenue. The properties to the north along Reservoir Blvd. are zoned R-3, Multiple Family Residential and
the properties to the east are zoned R-2A, One and Two Family Residential. The proposed zoning
classification for the subject property is also R-2A, which would be consistent with the zoning
classification in the area. Rezoning the property would also be consistent with the historic use of the
property as a single-family house.
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November 3, 2009
The structure in question is functionally a single-family house. If the property were to remain commercial,
e~tensive remodeling of the building would need to occur to accommodate any type of business that would
move in. The prospective buyer would like to buy the house and use it as a residence without pursuing the
business portion.
FINDINGS OF FACT
Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the
following findings before approving a zoning amendment:
The amendment is consistent with the Comprehensive Plan.
The Comprehensive Plan currently guides the property for Low Density Residential. Rezoning the
land to allow for a single family use would be consistent with the guidance of the Comprehensive
Plan.
2. The amendment is in the public interest and is not solely for the benefit of a single property
owner.
Although the proposed rezoning of the property at 3701 Reservoir Blvd. is via request from a single
property owner, the benefit of the property being rezoned is to the public. Without the rezoning, the
house would sit vacant indefinitely, or until a prospective developer would purchase the land for
redevelopment. Staff recommends rezoning the parcel to enable the historic use of the property to
continue.
Where the amendment is to change the zoning classification of a particular property, the existing
use of the property and the zoning classification of property within the general area of the
property in question are compatible with the proposed zoning classification.
A portion of the previous use of the property was a single family house. The proposed zoning
classification is consistent with the zoning classification in the general area, and the proposed use
of the property is consistent with the historic use of the property.
4. Where the amendment is to change the zoning classification of a particular property, there has
been a change in the character or trend of development in the general area of the property in
question, which has taken place since such property was placed in the current zoning
classification.
The property was zoned GB, General Business, to stay consistent with the zoning classifications of
properties that front Central Avenue. Although this property technically fronts on Central Avenue,
it's located on the corner of a five-way intersection and is pushed back a considerable distance
from Central Avenue. With this said, the use of the property is more conducive to a residential
setting than a commercial one.
Staff, therefore, recommends that the Planning Commission recommend that the City Council approve the
rezoning of the property located at 3701-OS Reservoir Boulevard from GB, General Business to R-2A, One
and Two Family Residential.
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November 3, 2009
Questions from members:
Peterson asked if the detached garage on 37th Avenue is part of this property. He was told the garage
belongs to the property at 3717 Reservoir Blvd.
Peterson then asked if this property is re-zoned to Residential, whether a business could ever be operated
from this location. Sargent explained that the only business that could operate on this site would be an
approved Home Occupation by the owner, whereby it would be an incidental use of the property. It would
not allow for the primary use to be a full scale business.
There was a discussion regarding the properties to the north of this property being zoned R-3 (Multiple
Family). Members wondered why staff recommended designating this an R-2A classification, rather than
R-3. Sargent explained that R-3 zoning has more restrictive setbacks (20 feet from property line) than an
R-2A designation, and this would allow for additions, decks, etc. He stated that the adjacent properties
appear to be one or two family dwellings, and therefore, could also be re-zoned to the R2-A zoning
classification in the future. Sargent explained the difference between the R-2A and R-2B. When the
change was made, all existing current duplexes/doubles were given the R-2B classification.
Schmitt said it makes sense to re-zone this property, as there isn't enough parking for a business to operate
anyways.
Public Hearing Opened:
The new owners made a request to continue using the address of 3701 Reservoir Blvd. as the new mailing
address for the single family home. All City Departments will be notified.
Public Hearin~ Closed.
Motion by Fiorendino, seconded by Thompson, that the Planning Commission recommend that the City
Council approve the re-zoning of the property located at 3701-OS Reservoir Blvd from GB, General
Business to R-2A, One and Two Family Residential. All ayes. MOTIONPASSED.
The following Resolution will be considered by the City Council on Monday, November 9, 2009.
ORDINANCE ~;XXX
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 3701-OS RESERVOIR
BOULEVARD NE
SECTION 1:
WHEREAS, the current zoning classification of the property does not allow a single-family use as a permitted used;
and
WHEREAS, the historic use of the property has been single-family occupancy, which caused the use to be legally
nonconforming under the current zoning classification; and
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November 3, 2009
WHEREAS, the previous single-family use was discontinued for more than one year, causing the legal
nonconforming status to terminate.
WHEREAS, rezoning the subject parcel from GB, General Business to R-2A, One and Two Family Residential
provides the re-occupancy of the subject parcel to its historic use; and
WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely
for the benefit of a single property owner; and
WHEREAS, the proposed zoning classification of the property is compatible with the surrounding zoning
classifications and uses, and
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the
proposed rezoning from GB, General Business District to R-2A, One and Two Family Residential.
SECTION 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
NEW BUSINESS
Thompson stated he would like to re-visit the issue of the required length of parking stalls for site plan
approvals, especially when they abut a curb or sidewalk. He feels 18 foot parking stalls are not sufficient
and cause vehicles to overhang an adjoining sidewalk or walkway. If left at the 18 foot minimum, then he
would suggest requiring the sidewalk or walkway to be wider to accommodate wheelchairs and provide
adequate clearance. Sargent told members this would require another change to the Ordinance. He was
asked to gather information and put this matter on a future agenda.
Thompson then reminded everyone of the Fire Explorer's Fundraiser on Saturday, November 7, 2009 at the
VFW on Central. They are preparing a Booya that will be sold from noon - 5 pm.
The meeting was adjourned at 7:21 pm.
Respectfully submitted,
Shelley Hanson
Secretary