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HomeMy WebLinkAbout07/23/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JULY 23, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, July 23, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Dana Caraway, Pastoral Assistant, Church of All Nations, gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson indicated there are only two remaining license revocation requests —Resolutions 2012-89 and 2012-92. Motion by Nawrocki to add Council Corner to the Agenda. Peterson called for a second. Second by Williams. Diehm asked if we have come to an agreement on the Council Corner guidelines. Nawrocki stated he will continue to bring it up. It is important that members of the council have the opportunity to bring things of city business up at the meeting. Fehst stated that citizens always have an opportunity to speak at the meeting. Peterson stated that at the last meeting Mr. Nawrocki spoke about items of city business for 25 to 30 minutes without Council Corner. Nawrocki stated that he has questions that he asks. Williams withdrew his second. Diehm stated that this has been discussed and the majority of Council members asked that this be limited to five minutes, be reasonable, be respectful of their fellow Council members and not interrupt, and once you have had your five minutes you would pass the mike and not speak again. Because we could not get unanimous consent, we felt we would not be putting it on the agenda. She misses bringing up community tidbits, but unless we can all agree on our own rules, we will not do so. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. National Night Out - August 7, 2012 Peterson read the Proclamation for the 29th Annual National Night Out on Tuesday, August 7, 2012. Officer Terry Nightingale, indicated we currently have 54 evening events scheduled. Last year there were 41 events. Nawrocki asked if there would be a meeting about Council members riding along to the events. Nightingale stated they can meet at the Police Station at 5:30 p.m. He gave the background of the event. Last year we had over 1,000 attend the event. He stated that he is the coordinator for this event. Diehm asked if people watching tonight could still sign up to have an event. Nightingale stated they can do so on our web site or Facebook. Making it to all of the parties can be a staffing challenge. Diehm thanked him for his hard work to coordinate this event. Nightingale reminded the public of the upcoming community picnic at Ramsdell Park. Peterson stated that he has received many comments on the good job Officer Nightingale does. B. Recognition of Young Artist Showcase winners - Sister City City Council Minutes Monday,July 23,2012 Page 2 of 10 Peterson explained the Young Artist Showcase event sponsored by our Sister Cities Committee. He read a letter from the Sister Cities International Committee indicating that Christine Wilda was chosen as one of the top ten artists nationwide and that her art will tour the country for one year. Peterson presented her with the award from the International Committee. Christine Wilda stated this was an honor and that she just returned from the Washington DC recognition today. Diehm asked how she got interested in art, as she is very, very talented. Wilda stated that it began when she was little and last year she did a large painting that made her very happy. Schmitt asked what medium she used. Wilda stated this was a digital piece. C. Presentation - Auditors David Mol, CPA, Tautges Redpath, stated this report is the audit of the 2011 financial statements. The financial statements are audited with State and Federal standards. The result is a clean opinion on the 2011 financial statements. Columbia Heights received the Government Finance Officers Association (GFOA) award for excellence in Financial Reporting for 2010. Mol indicated that we gain an understanding of internal controls. One item was noted: Recreation revenue documentation does not always have a clean audit trail. Mole listed the guidelines for compliance with MN Legal Compliance Audit Guide. We selected a sample of transactions to test for compliance with statutory provisions. There were no findings of noncompliance. Federal program compliance requirements are for expenditures exceeding $500K. The pedestrian bridge and the HUD operating subsidy contributed to requiring this report. Samples of transactions were tested for compliance. There were no findings of noncompliance in 2011. Mol reviewed the required communication to those charged with governance, which includes items not included in the other areas, any changes or standard differences since the previous year and accounting estimates in the financial statements including OPEB liability and value of land. Financial statement misstatements identified during the audit were two immaterial timing differences. There were no disagreements with management and no difficulties encountered in performing the audit. He referenced financial results of the audit summary. There was a net decrease in fund balance of$370,000. Mol stated that there are new categories on how you report fund balance, which he listed as non-spendable, restricted, unrestricted—committed, assigned, unassigned, and the total. He explained the meaning of the unassigned fund balance. Mol showed a power point presentation slide on the water operating revenue and expenses, indicating that revenue did increase. He explained the sewer operating fund differences. He showed the liquor operations revenue and expenses. Sales increased four percent. The gross margin percent increased from 23.75%to 24.50%, and there was a net income increase of$80,000 over the prior year. Nawrocki questioned a difference in liquor totals and asked where the money comes from to pay the building bonds. Mol stated from the Liquor fund; net operations pay the interest on the debt. Nawrocki discussed property taxes and levies. Mol explained that taxes and levies are not always equal. Joseph Kloiber, Finance Director, referred to tax increment levy funds. Mol pointed Council member Nawrocki to the correct page to indicate these amounts and explained the reason for the audit is to demonstrate compliance of individual funds. Schmitt thanked Kloiber for answering her questions previously and commended him for paying a bond off early. She stated that in 2010 we had a 3% salary increase for the fire department and asked if that is common for the twin cities area. Fehst stated that included the 2009 increase because they did not settle until the following year. Kloiber stated that the retro payment only went back to October 2010. Schmitt asked if contracts are coming due. Fehst stated yes. Schmitt asked if that is typical. Mol stated a one year period may not be typical. Fehst explained that we look for a similar rate with all of the unions. Schmitt questioned the statement that we have no alternative source of water supply. Kloiber stated that the CAFR is for bonding. Buying water City Council Minutes Monday, July 23,2012 Page 3 of 10 from Minneapolis does not allow leverage to switch suppliers. Fehst discussed buying from other sources or having our own source. We have spoken to the City of Fridley and they would be open to discussions on water sources. Nawrocki stated that water in Fridley requires a water softener. Kloiber gave credit to Assistant Finance Director Jackie Senko for her work on the audit. Mol indicated that additional detail on the audit can be provided or Council members can meet with him for further review. Nawrocki referred to the increase in the chart showing the number of employees. Kloiber stated this information can be provided in detail following the meeting. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve the minutes of the July 9, 2012 City Council meeting. Motion to approve the minutes of the July 9, 2012 City Council meeting. B. Accept Board and Commission minutes Motion to accept the June 6, 2012 Library Board meeting minutes. Motion to accept the July 10, 2012 Planning and Zoning Commission meeting minutes. Motion to accept the April 25, 2012 Park and Recreation Commission meeting minutes. C. Approval of the attached list of rental housing licenses Motion to approve the items listed for rental housing license applications for July 23, 2012 in that they have met the requirements of the Property Maintenance Code D. Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 23, 2012. as presented. E. Review payment of the bills. Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 144272 through 144441 in the amount of $691,749.77. Motion by Williams, second by Diehm, to approve the Consent Agenda. Upon vote: All ayes. Motion carried. Nawrocki presented a check for meals for himself and his wife to attend the community picnic and the employee picnic. He requested a receipt. Fehst stated that is not what was intended, but it is appreciated. PUBLIC HEARINGS A. Adopt Resolutions 2012-89, 4344 2nd Street N.E., 2012-92, 5005 7th Street N.E., being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman listed the violations on the properties. The property on 2nd Street has about 14 items to repair, and 7th Street has not completed their initial inspection. Nawrocki stated he checks the properties on the list. Most items from this agenda were removed. There should be an earlier cut-off time. Diehm stated that the Fire Department agrees, but calling each Council member on the day of the meeting may be difficult. Schmitt stated that most of the properties City Council Minutes Monday,July 23,2012 Page 4 of 10 were just missing their inspection and the property does not need to be checked. Jim Hoeft, City Attorney, stated there has been a change to revoke on vacant properties handed down by the District Court Judge. We revoke the ability to have a license. So if it is vacant, it cannot be rented until they reapply. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2012-89, and 92 being ample copies available to the public. Nawrocki renewed his request to be advised by telephone of properties taken off the agenda by late Monday morning. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2012-89, and 92, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2012-082 and Resolution 2012-083 being Resolutions Approving the Site Plan and a 150-square foot area variance for signage for the building located at 5150 Central Avenue. Jeff Sargent, City Planner, stated this project is to reface the building at 5150 Central Avenue, which required a site plan approval, and they would like to add more signage. This building will have eight offices and eight retail areas in the second and third level. The Planning Commission approved this with a 2-1 vote. The descending vote felt there was not enough of a hardship to approve this. Nawrocki referred to current signs in the windows and the free standing sign. Peterson stated this would be an asset to our community. Schmitt stated that our Design Guidelines and our ordinance are probably not up to date and that is why people need to ask for a variance. She asked when this would be reviewed. Sargent stated a building is limited by its size, not by the number of businesses. We also look at the overall aesthetics. This ratio is not gaudy, especially in a higher vehicle speed zone. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-082, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution No. 2012-082, approving the Site Plan for the construction of a new facade for the building located at 5150 Central Avenue, subject to the conditions outlined in Resolution No. 2012-082. Nawrocki questioned the addition of the third story. Sargent stated this will only extend the facade of the building. There will not be a third floor added. Sargent explained the current signs and the mesh tubing to be added to the facade. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-083, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution No. 2012-083, approving a 150- City Council Minutes Monday,July 23,2012 Page 5 of 10 square foot area variance for wall signage per Code Section 9.106 (P)(13)(a)1 for the building located at 5150 Central Avenue, subject to the conditions outlined in Resolution No. 2012-083. Nawrocki stated there is garbage behind the building. He asked if there is a stall to be added. Peterson stated that is for the next item. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. C. Adopt Resolution 2012-084 being Resolution for the Approval of a 6-foot drive aisle width variance, the 5-foot side yard setback variance, and a variance to allow two (2) less parking stalls than the minimum requirement for the property located at 4347 Central Avenue NE. Sargent stated this is the former Anderson Heating building. As the use is being changed, we require that the building and property come into compliance. This is proposed to be a tire repair/sale facility. We would require parking lot stripping. The parking requirement would be eleven stalls. The variance would alleviate two parking stalls. Because this is an auto facility, it could be argued that the business does not fit on the property. This is a small property and there is no room on the property for the additional two parking stalls. The Planning Commission approved this on a 3-0 vote. Nawrocki stated there is trash in the back of the building. Sargent stated that there would be nine parking stalls, 9 feet by 18 feet. Schmitt questioned the service bay. There will be one bay, but there is space for two more bays. Sargent stated that would require more parking. We do not define what a service bay is. We made sure the conditions of approval address how the parking stalls are used. Schmitt asked if it would be better to have three stalls inside to repair vehicles, rather than have them sitting in the parking lot. Peterson felt it would make sense to allow three bays as they will be working out of one door. Sargent stated that would require a six stall variance. Peterson stated that he did want to add another garage door. Sargent stated that he agreed to work with one bay. If he needs more bay area, he can come back and ask for an additional variance. Nawrocki stated that additional bays would require more workers and more parking. Nawrocki questioned the drive aisle. Sargent stated that is the area to get into and out of a parking stall. Nawrocki questioned the setback variance. Sargent stated that is also for parking. Ramona Anderson, 4132 Stinson, questioned limiting this business to one work bay. Peterson stated there would be one bay, one overhead door, and room to have two additional cars in the bay area. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution 2012-084, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2012-084, approving the 6-foot drive aisle width variance; the 5-foot side yard setback variance for parking; and the variance to allow two (2) less parking stalls than the minimum requirement for the building located at 4347 Central Avenue NE, subject to the conditions outlined in Resolution No. 2012-084. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION - none ADMINISTRATIVE REPORTS City Council Minutes Monday,July 23, 2012 Page 6 of 10 Report of the City Manager Fehst stated that we received a letter from Senator Al Franken, congratulating us for receiving the City of Excellence Award. Congressmen Ellison is scheduling a meeting regarding fire departments on August 10th in Minneapolis. Nawrocki stated that the 50th and University shopping center has had an overflowing trash vat since last Thursday. Fehst stated that the Fire Chief has monitored the situation and it appears there are not enough pickups here. This also may be caused by others dropping trash on this property. It will be picked up tomorrow morning. Nawrocki questioned the towing contract, stating that keeping the current contract should be checked out legally by speaking to the League of Minnesota Cities (LMC). There needs to be Council action to continue the contract. Hoeft stated that he spoke with State Auditor's office and the Attorney General's office, and the city is in compliance with all laws and regulations. This is a service contract and does not require a low bidder. Schmitt stated that the LMC Attorney indicated that once a bid was presented, it has to stay as a bid, but indicated he did not have all of the facts. Hoeft stated that if Council so wishes, he can speak to the LMC Attorney again. Diehm stated there was a motion that did not pass, so the existing contract stays in place. Schmitt stated she was asked why she did not vote for this proposal. She spoke of the more than generous support that Jeff s Bobby and Steve's (JBS) has given this city. The JBS tow truck could come from Columbia Heights or from another city. People have commented to her that these vehicles are being parked on a non-hard surface. She was told this will be paved when they have the money. This is against our ordinance. How do we vote for something that is against our ordinance? That is why she voted no. Fehst stated it was grandfathered in because there was not a significant change in usage. There is only a $15 difference versus an additional 5.5 mile drive to get your vehicle. Fehst stated that he was questioned as to why he brought this to the Council. It was to eliminate debate. Fehst indicated that he is required to continue a service. The Council could reconsider this, but the result may be the same. Fehst stated that Council member Williams could vote on this, but chooses not to. Nawrocki asked who Hoeft spoke to at the LMC. Hoeft stated Chris Smith, Research Analysis. Nawrocki stated that the newsletter article on the budget does not refer to any property tax increase. He again told of the newspaper article he spoke of at the last meeting regarding reducing employees. Nawrocki questioned the hiring of the new Library Director. Fehst stated he visited both cities where the candidates were directors. There is a final decision pending. Nawrocki suggested considering the acting director. Peterson stated we are working through the process. Williams referred to the Heights Happening acknowledgment of the Award of Excellence we received and indicated we should add the GFOA award. People need to see the professional financial excellence of our city. Report of the City Attorney CITIZENS FORUM Catherine Vesley, 5135 Matterhorn Drive, referred to the Sister Cities Art Program, stating that the judges are volunteers and rotate. She wanted us to appreciate that this is a national committee award and suggested the Council write a letter to the International Sister Cities Committee thanking them for this program. Peterson asked that we remember our service men and women. Keep them in your thoughts and City Council Minutes Monday,July 23,2012 Page 7 of 10 prayers. Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:06 p.m. (Patricia Muscovit CMC City Clerk RESOLUTION 2012-89 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(A) of that certain residential rental license held by Fred Sila(Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 4344 2nd Street N.E.,Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 14,2012 of an public hearing to be held on July 23,2012. Now,therefore,in accordance with the foregoing,and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 3,2012 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June 14,2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on July 11,2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 4. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: a. Shall repair front door screen b. Shall immediately replace/repair the missing/non-working smoke detector in this unit. On the main floor, upstairs, and basement c. Shall install an approved CO detector in the upstairs d. Shall repair/replace the front steps e. Shall replace the broken windows on basement,south side f. Shall remove the siding in the back yard g. Shall install address numbers in the following location(s)—rear h. Shall remove all/any vehicles from landscaped areas of the property. Vehicles can only be parked on concrete or asphalt/tar parking pads or driveways. In back i. Shall repair/replace the screen(s)on the building j. Shall scrape and paint wherever there is peeling paint on the structure. 2 1'd floor,rear, window in front k. Shall replace all'any missing storm windows on the building 1. Shall repair/replace the rotten trim on the garage service door m. Shall scrape and paint wherever there is peeling paint on the structure. Trim around the door in rear n. Shall install address numbers in the following location(s)—numbers in front must be a contrasting color 5. That all parties, including the License Holder and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code,Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11627A is hereby revoked. City Council Minutes Monday,July 23,2012 Page 8 of 10 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2012-92 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,Article IV, Section 5A.408(A) of that certain residential rental license held by Brad Truong(Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 5005 7th Street NE,Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 27,2012 of an public hearing to be held on July 23, 2012. Now,therefore,in accordance with the foregoing,and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about November 21,2011 inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 27,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule an rental license reinspection with the Building Official. 4. That all parties, including the License Holder and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11488 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION NO. 2012-082 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW FACADE FOR THE BUILDING LOCATED AT 5150 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS WHEREAS,a proposal (Case#2012-0701)has been submitted by David Lu, to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 5150 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new building facade for the property located at 5150 Central Avenue NE. WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on July 10,2012; WHEREAS the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed site plan 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 City Council Minutes Monday,July 23,2012 Page 9 of 10 NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal,that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. 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. All application materials,maps, drawings and descriptive information shall become part of the permit. RESOLUTION NO.2012-083 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR DAVID LU WHEREAS,a proposal (Case#2012-0701)has been submitted by David Lu to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 5150 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 150-square foot area variance for wall signage per Code Section 9.106(P)(13)(a)1. WHEREAS,the Planning Commission has held a public hearing as required by the City Zoning Code on December July 10,2012; 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: City Council Minutes Monday,July 23,2012 Page 10 of 10 1. All application materials,maps,drawings, and descriptive information submitted with the application shall become part of the permit. RESOLUTION NO. 2012-084 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR YOUSEF ABUHEKAL WHEREAS,a proposal(Case#2012-0702)has been submitted by Yousef Abuhekal to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4347 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 6-foot drive aisle width variance per Code Section 9.106 (L)(7)(b); a 5-foot side yard setback variance for parking per Code Section 9.110(C); and a variance to allow two(2) less parking stalls than the minimum requirement per Code Section 9.106(L)(10). WHEREAS,the Planning Commission has held a public hearing as required by the City Zoning Code on December July 10,2012; 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. All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. 3. At no time shall there be more vehicles waiting for repair or pick-up in the designated off-street parking area than the number of off-street parking spaces provided. 4. All work shall be performed within a completely enclosed building. 5. All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts, including tires, or storage of inoperable vehicles or salvage vehicles shall be prohibited. 6. The sale of vehicles shall be prohibited,unless permitted by conditional use. 7. The use shall employ best management practices regarding the venting of odors,gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential use. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors.