HomeMy WebLinkAbout2012-02-08CITY OF COLUMBIA HEIGHTS
590 - 40 "' Avenne NE, Columbia }leights, NIN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692
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PLANNING AND ZONING COMMISSION MEETING
7:00 PM WEDNESDAY, FEBRUARY 8,20`12
CITY HALL COUNCIL CHAMBERS
590 -40 AVENUE NE
1. Roll Call
Minutes December 6, 2011 meeting
(January 4, 2012 meeting cancelled)
2. Public Hearings:
MEMBERS:
Marlin Szurek, Chair
Rob Fiorendino
Mike Poteison
David Thompson
Tracey Kinney
Case #2012 -0201, Conditional Use Permit for Minor Automobile Repair Facility
836 — 40 Avenue NE
Tybang Transmission
3. New Business
4. Other Business
5. Adjourn
The Responsibility of the Planning Commission is to:
• Faithfully serve the public interest.
• Represent existing and future residents, and base our decisions and
recommendations on the Comprehensive Plan and Zoning Ordinance.
• Recognize the rights of citizens to participate in planning decisions.
• Protect the natural environment and the heritage of the built environment.
• Exercise fair, honest, and independent judgment.
• Abstain fi•om participation when they may directly or indirectly benefit from a
planning decision.
DRAFT COPY
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
December 6, 2011
7:00 PM
The meeting was called to order at 7:00 pm by Chair - Marlaine Szurek.
Commission Members present- Thompson, Peterson and Szurek.
Members absent- Fiorendino and Kinney
Also present were Jeff Sargent (City Plainer), and Shelley Hanson (Secretary).
Motion by Thompson, seconded by Peterson, to approve the minutes from the meeting of October 3, 2011.
All ayes. MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER: 2011 -1201
APPLICANT: Jeanne Ramirez
LOCATION: 5075 Johnson St NE
REQUEST: Variance for Shed Setback
Sargent told members that the applicant is requesting a 3 -foot side and rear yard setback variance for the
placement of a playhouse / shed located at 5075 Johnson Street, per Code Section 9.106 (C)(1)(c). The
City's Zoning Code requires that all new accessory structures be no closer than 3 feet from the side and rear
property lines. The storage shed / playhouse has already been constructed and is located within the 3 -foot
setback requirement on the side and rear property lines. For this reason, a 3 -foot setback variance is
required.
ZONING ORDINANCE
The property at 5075 Johnson Street is zoned R -1, Single Family Residential, as are all the properties in the
surrounding area. The Zoning Code states that all detached accessory structures must be located no closer
than 3 feet from the side and rear property lines.
The property at 5075 Johnson Street is a corner lot, intersecting with Lincoln Terrace. The house is
situated towards the northeast corner of the property with the front of the house facing Johnson Street. The
applicant has stated that this creates a very small rear yard, with little room for a storage shed. The
applicant constructed the shed in the northeast corner of the property within the 3 -foot setback requirements
of the north and east property lines. Staff noticed the two -story structure and informed the applicant that
she would need a building permit and a variance if she wished to retain the shed's location.
Upon inspection of the property records, it was discovered that the applicant has also placed the shed on a
5 -foot utility and drainage easement. Usually, the City does not allow for the construction of any type of
buildings on an easement. However, as a condition of approval, the applicant will have to agree to remove
the shed at her expense should the City ever need to gain access to the utilities in the easement.
Page 2
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as residential. A variance to allow the shed to remain in its
current location would be consistent with the intent of the Comprehensive Plan guiding of the area.
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 Council 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 practical difficulties in conforming to the zoning ordinance. The applicant,
however, is proposing to use the property in a reasonable manner not permitted by the zoning
ordinance.
As stated by the applicant, there is no other reasonable place on the property to place the storage
shed than in its current location. By moving the structure into compliance with the ordinance, the
structure would block sunlight into either the neighbor's house or the applicant's house. Due to the
small backyard and City Codes prohibiting the shed to be located in the front yard, there is no other
space on the lot to place the structure.
Staff supports the practical difficulties as stated by the applicant. The proposed location of the
structure is reasonable given the characteristics of the property and the location of the structures
on adjacent properties.
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
classification.
The topography and orientation of the house on the corner lot are unique to the specific parcel of
land involved.
c) The practical difficulties are caused by the provisions of this article and have not been created
by any person currently having a legal interest in the property.
The provisions of the Code would make it diffcult for the applicant to use her property in a
reasonable manner due to the unique circumstances of her property and the orientation of the house
on the lot.
d) The granting of the variance is in harmony with the general purpose and intent of the
comprehensive plan.
The Comprehensive Plan guides this area as residential. A variance to allow the shed to remain in
its current location would be consistent with the intent of the Comprehensive Plan guiding of the
area.
Page 3
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 not be materially detrimental to the public.
Staff recommends approval of the 3 -foot side and rear yard setback variances for the placement of a storage
shed / playhouse because the practical difficulties surrounding the property justify the current placement of
the shed.
uestions from members:
Szurek asked how tall the structure was. Sargent said it meets the requirements that it must be under 18 ft.
He said Ramirez's measurements show the shed to be 15.5 ft high. Szurek then asked if Ramirez had come
in, called, or checked the website would she have been given information on setbacks and easements.
Sargent said Ramirez claimed she did call in and was told that a shed with a footprint less than 120 sf does
not require a permit. She did not ask questions about it being two stories, and was unaware of the easement
issue. After the Ramirez' constructed the shed the Building Official noticed it while in the neighborhood
and was concerned over the size and location of the shed. Staff checked further and discovered it didn't
meet the setbacks and was placed in a drainage and utility easement area. Ramirez was then notified that
she would have to remove the structure and that is when she applied for this variance.
Thompson commented that he would not be in favor of granting this variance because it is located on the
utility easement. These situations usually come back years later to cause problems, especially as owners
change and are unaware of the history of events. To make someone remove something years from now
could be very difficult and costly for staff. He also stated that the neighbors' signatures supporting the
present location of the shed doesn't mean much to him as they haven't been verified. He felt that granting
this variance is not in the best interest of the City.
Szurek stated her biggest concern was that the minimum 3 ft setback was not met and she agreed with
Thompson about not allowing the construction of a building on the utility easement.
Peterson had no questions or comments.
Public Hearing Opened.
Jeanne Ramirez wanted to address the easement issues. She said she was unaware of the utility easement
until city staff informed her the shed had been constructed on the easement which isn't allowed. She didn't
feel that should be an issue, however, since it was constructed on stilts so the drainage is not blocked.
Ramirez stated she was told a permit wasn't needed if the shed would be 120 sf or less in dimension, that it
must meet a 3 ft. setback, and that it couldn't be more than 18 ft. in height (or taller than the primary
structure). She said her husband put the shed /playhouse too close to the property line, and she was not
monitoring the construction. They were trying to locate it in the least conspicuous place possible so
neighbors' views wouldn't be blocked.
Public Hearing Closed.
Page 4
Szurek asked Sargent if the City Council would make the final decision on this matter. He told her that this
would go to the City Council on Monday, December 12` She said that she couldn't support this variance
request since it is the job of the Commission to uphold the codes and policies in place which were
established for a reason. She also felt the Commission was being asked to support a variance "after the
fact" since it clearly violates a couple of these codes. She told Ramirez that she will need to plead her case
to the City Council as the Planning and Zoning Commission could not support her request.
Motion by Peterson, seconded by Szurek, that the Planning Commission recommends the City Council
approve the 3-foot side and rear yard setback variance for the placement of a playhouse / shed located at
5075 Johnson Street per Code Section 9.106 (C)(1)(c) of the City Code, 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. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
2. The applicant shall agree to remove the shed at the owner's expense in the event that the City
would need to gain access to the 5-foot utility and drainage easement on which the shed is located.
Roll Call: Peterson -aye and Thompson and Szurek -nay. MOTION FAILS.
The matter will be addressed at the City Council meeting December 12, 2011.
CASE NUMBER: 2011 -1202
APPLICANT: O'Reilly Auto Parts Store
LOCATION: 3700 Central Avenue NE
REQUEST: 11 -foot Corner Side Yard Setback Variance for Parking
Sargent explained that the applicant is requesting an 11 -foot corner side yard setback variance for parking
for the O'Reilly Auto Part Store located at 3700 Central Avenue, per Code Section 9.110 (C). The site plan
for the construction of the new store indicates that three parking stalls will be located closer than the
required 15 -foot setback from Central Avenue. For this reason, an 11 -foot setback variance is required.
The construction of a new building also requires a Site Plan Approval by the Planning Commission. The
applicant is not ready at this time to submit the proper information for a Site Plan review, but would still
like the variance to be considered for approval. The applicant is in the process of gathering the proper
information for the Site Plan and will be submitting that information at a later time. An approved Site Plan
will be a condition of approval for the variance request.
ZONING ORDINANCE
The property at 3700 Central Avenue is zoned GB, General Business, as are the properties to the north and
east. The properties to the west are zoned R -3, Multiple Family Residential, and the properties to the south
are located in the City of Minneapolis. The property is also located within the Design Guidelines
Downtown District, and will be subject to those requirements.
For definition purposes in the Zoning Code, a corner lot has both a front yard and a corner side yard. The
front yard is portion of the property along the public right -of -way with the least width. For this reason, the
front yard is considered the frontage along 37" Avenue and the corner side yard is considered the frontage
along Central Avenue. The City Code requires that all parking must maintain a minimum 15 -foot setback
from the public right -of -way along a corner side yard.
Page 5
As stated previously, this property is also located within the Design Guidelines Downtown District. The
Design Guidelines govern many facets of redevelopment, including building and parking placement on the
property. For instance, the Design Guidelines require that the building be placed as close to the intersection
of Central Avenue and 37 °i Avenue as possible. The Design Guidelines also require that at least 50% of the
parking be located behind the front line of the building. The accompanying Site Plan indicates that the
building will be placed in the correct location with 100% of the parking located behind the front line of the
building. The applicant would like to accommodate as much parking in front of the store as possible,
which places two of the proposed parking stalls within the 15 -foot setback requirement.
PARKING For retail establishments, the City Code requires I parking stall for every 300 square feet of
retail space. The proposed building will be approximately 7,450 square feet in area, requiring a minimum
of 23 parking stalls. The Site Plan indicates 30 on -site parking spaces, meeting the City's minimum
requirements.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as commercial. A variance to allow extra on -site parking would
be consistent with the intent of the Comprehensive Plan guiding of the area.
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 Council 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 practical difficulties in conforming to the zoning ordinance. The applicant,
however, is proposing to use the property in a reasonable manner not permitted by the zoning
ordinance.
The practical difficulties are caused by the orientation of the property in relation to Central Avenue
and the fact that the property is a corner lot. City Code requires the building to be placed as close
to the corner as possible, and the applicants are using the remainder of the property in a
reasonable manner as a result of the building placement.
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
classification.
The conditions upon which the variance is based are unique to the corner lots along Central
Avenue. Being that no other corner lot property along Central Avenue shares the same lot
dimensions, this property is unique compared to other properties in the GB, General Business
District.
C) The practical difficulties are caused by the provisions of this article and have not been created
by any person currently having a legal interest in the property.
The Design Guidelines mandate where the building must be placed on the property. The applicants
are utilizing the remainder of the property in a reasonable manner based on the building location.
Page 6
d) The granting of the variance is in harmony with the general purpose and intent of the
comprehensive plan.
The Comprehensive Plan guides this area as commercial. A variance to allow extra on -site parking
would be consistent with the intent of the Comprehensive Plan guiding of the area.
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 not be materially detrimental to the public.
Staff recommends approval of the 11 -foot corner side yard setback for parking because the practical
difficulties surrounding the property justify the proposed location of the parking stalls in question.
Questions from members:
Szurek asked if the Site Plan had been submitted yet. Sargent told her no, but the placement of the building
would be the same as indicated on the preliminary site plan shown here and that it is the #1 condition of
approval. She also asked for clarification of why the 37` Avenue side of the property is being called the
front yard when it is clear that the back of the building will face this way. Sargent explained it is called the
front yard side by definition since it is the smallest side of the lot, and that is standard language used
throughout the city for most properties.
Sargent explained to everyone in the audience that this is not the approval of the Site Plan. This is simply a
preliminary approval that will help them finalize the actual Site Plan to be submitted. Neighbors will again
be notified when the Site Plan is considered by the Commission.
Thompson asked if only 23 parking spaces are needed and they plan on having 30, why do we need to
accommodate this variance for parking setbacks. Sargent said he can't comment on their reasoning. I-Ie
said they could be planning for future needs or change of use, which would make it more marketable and
customer friendly.
Pubic Hearing Opened:
Fred Wadlie, a representative from O'Reilly's -told members this building is a new prototype for them. He
said this is larger than most of their stores and they will have an expanded inventory that will supply other
stores as needed. Because of this, they plan on having more employees at this location, and therefore, will
need more parking spaces.
Public Hearing Closed.
Motion by Thompson, seconded by Peterson, that the Planning Commission recommends the City Council
approve the 11 foot corner side yard setback variance for parking for the O'Reilly Auto Parts Store located
at 3700 Central Avenue per Code Section 9.110 (C) of the City Code, 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:
All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
Page 7
2. Approval of the variance request in contingent on the approval of the Site Plan for the O'Reilly
Auto Parts Store located at 3700 Central Avenue.
Roll Call: All ayes
The attached Resolution will go to the City Council December 12, 2011.
RESOLUTION NO. 2011 -XXX
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR O'REILLY AUTO PARTS STORE
WHEREAS, a proposal (Case # 2011 -1202) has been submitted by O'Reilly Auto Parts Store to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS 3700 Central Avenue NE
LEGAL DESCRIPTION On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF An 11 -foot corner side yard setback variance for
parking per Code Section 9.110 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December
6,2011;
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:
1. 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 practical
difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property
in a reasonable manner not permitted by the zoning ordinance.
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 practical difficulties are caused by the provisions of this article and have not been created by any person
currently having a 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.
CONDITIONS ATTACHED:
1. All application materials, maps, drawings, and descriptive information submitted with the application shall
become part of the permit.
2. Approval of the variance request in contingent on the approval of the Site Plan for the O'Reilly Auto Parts
Store located at 3700 Central Avenue.
Page 8
NEW BUSINESS
Sargent told members that Aldi's is now open. The members thought it is a nice looking store.
Sargent told members that staff is hoping to establish a sub committee to review and update the Design
Guidelines, especially for repainting or re- facing existing buildings along our corridors. The present
guidelines address the finish and colors of new buildings, or those having major remodeling done, but do
not address painting and upkeep of existing structures. He said the present guidelines are 8 years old, so an
update is probably in order. The members agreed.
The meeting was adjourned at 7:45 pm.
Respectfully submitted,
Shelley Hanson
Secretary
�. .�.,
CASE NUMBER: 2012 -0201
DATE: February 8, 2012
TO: Columbia Heights Planning Commission
APPLICANT: Tybang Transmission
LOCATION: 836 — 40 Avenue NE
REQUEST: Conditional Use Permit for a Minor Automobile Repair Shop
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, Tybang Transmission is requesting a Conditional Use Permit (CUP) in
order to operate a minor automobile repair facility in the building located at 836 — 40
Avenue NE, per Code Section 9.110 (F)(3)(c). Currently, the building is occupied by
Minnfx, Inc., that operates as a special effects contractor for movies, etc. Tybang
Transmission is currently located at 4201 Central Avenue and has been in that location
for the last 2 years.
Tybang Transmission plans no exterior changes to the building located at 836 — 40
Avenue. Inside the building, the current paint booth will be removed, as well as the
present metal and wood shop machinery. Transmission shop equipment will be
installed. As stated by the applicant, Tybang Transmission repairs both automatic and
standard transmissions. Its mission is to deliver quality transmission repair at a fair
price. Its owner, Tybang Nguyen, strives to make the customer feel welcome and
comfortable. He and his staff are skilled technicians who can diagnose today's
sophisticated transmission problems ".
The applicant has also stated that no dismantled vehicles will be stored outside the
building and that the business will be operated in harmony with the neighborhood and
will generate little traffic.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this property for Commercial use. Minor Auto Repair
facilities are consistent with the types of uses that would be guided as Commercial.
City of Columbia Heights Planning Commission February 8, 201
CUP — Tybang Transmission Case # 2012 -0201
With that said, staff does have some concerns will allowing this type of use along 40
Avenue, which suits itself more for neighborhood- oriented businesses.
One of the Land Use goals in the Comprehensive Plan is to: "Preserve and enhance the
existing viable commercial areas within the community ". An implementation strategy to
accomplish this goal is to "Develop a redevelopment plan for the 40 Avenue Corridor"
by "budgeting for and completing a redevelopment plan using the Transitional
Development District guidance to strengthen the residential character and provide for
increased neighborhood commercial development along 40 Avenue." The Transitional
Development District allows for opportunities for neighborhood - retail /service
developments.
Staff feels that allowing a Minor Automobile Repair facility to locate along 40 Avenue
would be counterintuitive to the commercial goals as outlined in the Comprehensive
Plan, and would have a great potential of disrupting the current residential character of
the surrounding area. With that said, however, the property is zoned correctly and
guided properly for the proposed use.
ZONING ORDINANCE
The subject property is zoned CBD, Central Business District, as are the properties to
the north, east and west. The properties to the south are zoned R -3, Multiple Family
Residential. The property is also located within the 40 Avenue Design Guidelines
District, and will be subject to regulations for properties located therein.
Minor Auto Repair facilities are defined as "The replacement of any part or repair of any
part including the removal of the engine head or pan, engine, transmission or
differential; incidental body or fender work; minor painting and upholstering service
when said service above stated is applied within and enclosed building." Minor Auto
Repair facilities are specifically mentioned as a Conditional Use in the Central Business
District, and the repairing of transmissions fits the definition.
PARKING Per Code Section 9.106 (L)(8), the CBD is established as a public off - street
parking district, so that nonresidential uses are exempt from providing off- street parking
spaces as required. For this reason, the applicant will not have to supply adequate on-
site parking for its customers.
DESIGN GUIDELINES At this time, the applicant is not proposing any exterior
changes to the building. However, shall the building have the need for rooftop- mounted
exhaust systems, etc., those facilities would have to be screened from public view per
the Design Guidelines standards. Any new signage for the business would also have to
meet minimum Design Guideline standards and will be approved administratively by the
Zoning Administrator.
Page 2
City of Columbia Heights Planning Commission February 8, 2012
CUP - Tybang Transmission Case # 2012 -0201
FINDINGS OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in
order for the City Council to grant a Conditional Use Permit. They are as follows:
(a) 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.
The proposed use of the building as a minor automobile repair facility is
specifically listed as a Conditional Use in the CBD, Central Business District.
(b) The use is in harmony with the general purpose and intent of the
Comprehensive Plan.
The proposed use complies with the Comprehensive Plan guidance for the
property upon which the use will be located. However, Staff believes that the
general purpose and intent of the Comprehensive Plan would be compromised if
the use was allowed based on the fact that the intended character of the area is
for residential uses and residentially- oriented services.
(c) The use will not impose hazards or disturbing influences on neighboring
properties.
The proposed use is traditionally a more intensive use than others in
commercially zoned areas. Specifically, this parcel is located adjacent to several
residentially -zoned parcels and also shares a common alley with them. Should
this CUP be approved, a list of conditions will be added to help ensure that the
proposed use will not have any disturbing influences on neighboring properties.
However, even with those conditions, it is difficult to determine whether the
proposed use would fit harmoniously within the intended character of the area.
(d) The use will not substantially diminish the use of property in the immediate
vicinity.
The imposed conditions of approval should ensure that the proposed use would
not substantially diminish the use of property in the immediate vicinity.
(e) 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.
The applicant is not suggesting any exterior changes to the building at this time. For
this reason, the appearance of the building will remain compatible with the
appearance of the surrounding area.
Page 3
City of Columbia Heights Planning Commission February 8, 2012
CUP - Tybang Transmission Case # 2012 -0201
(f) The use and property upon which the use is located are adequately served by
essential public facilities and services.
This is a correct statement.
(g) 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.
The applicant stated that traffic congestion would not be altered with the
presence of his business. It is assumed that vehicles, including tow trucks would
access this property either from the southbound -only alley off of 40 Avenue, or
the alley off of Jackson Street in order to drop off vehicles for repair at the rear of
the building.
(h) The use will not cause a negative cumulative effect, when considered in
conjunction with the cumulative effect of other uses is the immediate vicinity.
Should this CUP be approved, a list of conditions will be added to help ensure
that the proposed use will not have a negative cumulative effect on neighboring
properties. However, even with those conditions, it is difficult to determine
whether the proposed use would fit harmoniously within the intended character of
the area.
(i) The use complies with all other applicable regulations for the district in which
it is located.
This is a correct statement.
RECOMMENDATION
Staff recommends that the Planning Commission take everything into consideration
when deciding whether or not to recommend approval of the proposed use at 836 — 40"
Avenue. Should the Planning Commission recommend approval, Staff has supplied a
list of conditions to help regulate the proposed use at its proposed location. The
following motion should be used to approve the CUP:
Motion: That the Planning Commission recommends that the City Council approve the
Conditional Use Permit for a Minor Automobile Repair facility located at 836 — 40
Avenue NE, 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:
Page 4
City of Columbia Heights Planning Commission February 8, 2012
CUP - Tybang Transmission Case # 2012 -0201
1. Due to the change of occupancy of the building, the building will have to be fitted
with a fire - suppression sprinkler system prior to the tenant operating the
business. This item requires a separate building permit from the city.
2. The party wall, as well as the wall separating the shop area from the offices, will
have to be fire -rated to meet minimum requirements. This item requires a
separate building permit from the city.
3. Should the tenant wish to continue to store the dumpster outdoors, a masonry
enclosure must be constructed to meet minimum code requirements.
4. If over 3 vehicles are stored within the building, a flammable liquids trap will have
to be installed meeting minimum code requirements.
5. If the tenant utilizes the parking area in the back of the property, proper parking
stalls must be designated and striped accordingly.
6. During business hours, the garage service door must remain closed at all times.
7. All vehicles waiting for repair or pick -up shall be stored within an enclosed
building or in designated off - street parking spaces. No cars waiting for repair or
pick -up shall be stored on 40 Avenue.
8. All work shall be performed within a completely enclosed building.
9. All vehicles parked or store on -site shall display a current license plate with a
current license tab. Outside storage of automobile parts or storage of inoperable
or salvage vehicles shall be prohibited.
10.The sale of vehicles shall be prohibited, unless allowed by conditional use.
11. The use shall employ best management practices regarding the venting or odors,
gas and fumes. Such vents shall be located a minimum of ten feet above grade
and shall be directed away from residential uses. All storage tanks shall be
equipped with vapor -tight fittings to eliminate the escape of gas vapors.
12.Any newly - installed rooftop equipment must be screened from view from
adjacent properties.
13.An environmental management plan, including a storm water management and
drainage plan, shall be submitted to address the impact of the facility on the
environment.
Page 5
City of Columbia Heights Planning Commission February 8, 2012
CUP - Tybang Transmission Case # 2012 -0201
ATTACHMENTS
• Draft Resolution
• Location Map
• Site Plan
• Applicant narrative
Page 6
RESOLUTION NO. 2012 -XX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
TYBANG TRANSMISSION TO ALLOW A MINOR AUTOMOBILE REPAIR
BUSINESS IN THE CENTRAL BUSINESS DISTRICT IN THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2012 -0201) has been submitted by Tybang Transmission to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS 836 — 40 °i Avenue NE
LEGAL DESCRIPTION On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT A Conditional Use Permit per
Code Section 9.110 (1 to allow a minor automobile repair business in the CBD,
Central Business District at 836 — 40` Avenue NE.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on February 8, 2012;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission 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.
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
Resolution No. 2012 -XX
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.
CONDITIONS ATTACHED
1. Due to the change of occupancy of the building, the building will have to be fitted with a
fire - suppression sprinkler system prior to the tenant operating the business. This item
requires a separate building permit from the city.
2. The party wall, as well as the wall separating the shop area from the offices, will have to be
fire -rated to meet minimum requirements. This item requires a separate building permit from
the city.
3. Should the tenant wish to continue to store the dumpster outdoors, a masonry enclosure must
be constructed to meet minimum code requirements.
4. If over 3 vehicles are stored within the building, a flammable liquids trap will have to be
installed meeting minimum code requirements.
5. If the tenant utilizes the parking area in the back of the property, proper parking stalls must
be designated and striped accordingly.
6. During business hours, the garage service door must remain closed at all times.
7. All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in
designated off - street parking spaces. No cars waiting for repair or pick -up shall be stored on
40 °i Avenue.
8. All work shall be performed within a completely enclosed building.
Resolution No. 2012 -XX
3
9. All vehicles parked or store on -site shall display a current license plate with a current license
tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be
prohibited.
10. The sale of vehicles shall be prohibited, unless allowed by conditional use.
11. The use shall employ best management practices regarding the venting or odors, gas and
fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed
away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to
eliminate the escape of gas vapors.
12. Any newly - installed rooftop equipment must be screened from view from adjacent
properties.
13. An environmental management plan, including a storm water management and drainage
plan, shall be submitted to address the impact of the facility on the environment.
Passed this 13 °1 day of February, 2012
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CIVIC
City Clerk
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Location Map
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Location Map
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Location Map
010 MI
COLUMBIA HEIG _ TS MN.
SCALE: P=20'
40 AVE. PIE
ALLEY
Reason for Request for Tybang Transmission:
The building at 836 40 Ave. NE is located within the City of
Columbia Heights CBD Zoning District. The proposed transmission
shop requires a conditional use permit approval from the City to be able
to be operated from this location.
Tybang Transmission currently is a tenant in a commercial building
located 2 %2 blocks away from the proposed new location. This business
has been at that location for about 2 years.
Tybang Transmission plans no exterior changes to the 836 40 Ave.
building. Inside the building, the current paint booth will be removed,
as well as the present metal and wood shop machinery. Transmission
shop equipment will be installed.
The existing building has heavy electrical power, a 12' rear drive in
door, trench drains and a column free warehouse area. It is 5,147 sq. ft.
in size and shares a party wall on the west with a 1,800 sq. ft. building at
834 40 Ave. (See attached photos and floor plan of building).
Tybang Transmission repairs both automatic and standard
transmissions. Its mission is to deliver quality transmission repair at a
fair price. Its owner, Tybang Nguyen, strives to make the customer feel
welcome and comfortable. He and his staff are skilled technicians who
can diagnose today's sophisticated transmission problems.
Tybang Transmission will have no dismantled vehicles stored outside
the building. The building will look the same as it looks today. The
business will be operated in harmony with the neighborhood and will
generate little traffic. The goal of Tybang Transmission is to be a good
neighbor and to run a business that will be compatible with the
surrounding area.
Floor plan
r2xix' �a� �a