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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. Page 2 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. Page 3 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 Page 4 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