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HomeMy WebLinkAbout2012-02-08CITY OF COLUMBIA HEIGHTS 590 - 40 "' Avenne NE, Columbia }leights, NIN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 Visit our website at: rvivry ci cohnnbin- heiehts itiEM 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 11 6 - 40th Avenue Nt 4119 4108 4102 3974 3966 N 3932 W � E s 701 1 715 I1-- N 4030 811 801 825 gm L `a3 "a� 838 9 4058 4040 4041 4048 U N 4049 831 4044 843 4041 F -- 4038 ff 4037 4031 4027 r r 4023 4020 W O � Z 4000 O 3974 3966 N 3932 W � E s 701 1 715 I1-- N 4030 811 801 825 gm L `a3 "a� 838 4054 4047 4040 4041 4021 4032 831 843 N F -- ff N r r 3974 3966 N 3932 W � E s 701 1 715 I1-- N 4030 811 801 825 gm L `a3 "a� 838 4054 4047 4040 4041 4021 4032 831 843 F- 4054 5 4048 4040 N 4030 4024 Z 4020 W 4016 m Z 4000 4101 41ST 4001 8 x sa00 M 48 9 982 3982 3976 900 3970 3970 3970 3968 3989 3967 3968 3964 3964 GO U LD 6 3956 3952 3960 3958 3959 950 3953 3946 3946 3951 3942 3932 3935 3939 3931 3931 3928 3923 3922 3923 3924 3918 725 3914 3915 3912 3919 3910 3906 3900 _ _ _ . ...,.... ? 3900 3901 3855 Location Map 4056 4101 41ST 4001 8 x sa00 M 48 9 982 3982 3976 900 3970 3970 3970 3968 3989 3967 3968 3964 3964 GO U LD 6 3956 3952 3960 3958 3959 950 3953 3946 3946 3951 3942 3932 3935 3939 3931 3931 3928 3923 3922 3923 3924 3918 725 3914 3915 3912 3919 3910 3906 3900 _ _ _ . ...,.... ? 3900 3901 3855 Location Map 3855 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