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Home My WebLink About2012-09-05CITY OF COLUMBIA HEIGHTS 590 - 401° Avenue NE, Colnntbin ncighls, NIN 55421 -3878 (763) 706 -3600 '1'1)1)(763)706-3692 Visit our ivebsite tit: ivunaci colnutbin- iieigbGs uni.us PLANNING AND ZONING COMMISSION MEETING 7:00 PM WEDNESDAY, SEPTEMBER 5, 2012 CITY HALL COUNCIL CHAMBERS 590 - 40TH AVENUE NE 1. Roll Call Minutes August 8, 2012 meeting 2. Public Hearings: Case 42012 -0901, Site Plan Review for a Solar Carport Financial One 843 — 401" Avenue NE Case #2012 -0902, Variance to Allow a Third Accessory Structure Steven Maas 3918 Ulysses Street NE Case 92012 -0903, Zoning Amendment for Temporary Signs City of Columbia Heights City Wide 3. New Business 4. Other Business 5. Adjourn MEMBERS: Marlaine Szurek, Chair Rob Fiorendino Mike Peterson Chris Little Tracey Kinney 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 from participation when they may directly or indirectly benefit from a planning decision. PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING AUGUST 8, 2012 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Fiorendino, Kinney, Peterson, Little, and Szurek. Also present were Council Liaison (Bobby Williams), Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of July 10, 2012. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2012 -0801 APPLICANT: Columbia Heights Market Place LOCATION: 4915 Central Avenue REQUEST: Site Plan Review Sargent explained that at this time, the applicant is requesting a Site Plan Approval for the construction of a new fa9ade for the Columbia Heights Market Place located at 4915 Central Avenue NE. This property is located within the Design Guidelines Highway District and requires a Site Plan Review in order to ensure compliance with the Design Guidelines. ZONING ORDINANCE The property located at 4915 Central Avenue is zoned GB, General Business District, as are the properties to the north, south and west. The properties to the east are zoned R -2A and R -2B, One and Two Family Residential. DESIGN GUIDELINES. The applicant is proposing a completely new design for the front of the building. He would like to get rid of the existing mansard roof fagade and incorporate a new building face that is more consistent with the newer buildings in the area. Design elements include differences in elevations along the new roof line and the use of different building materials. The proposed project is consistent with the Design Guidelines. SIGNAGE. All signage on the building is considered legally nonconforming in terms of size and type of signage being used. The proposed plans indicate that the building will incorporate only 177 square feet of signage, but would be allowed up to 200 square feet of signage if changes are to be made. Any new signage will have to be approved through the Sign Permit process prior to installation onto the building. P & Z Minutes Page 2 August 8, 2012 COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Replacing the existing fagade with a new one is consistent with the intent of the Comprehensive Plan. FINDINGS OF FACT (Site Plan) Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all applicable Design Guidelines for the property. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. Replacing the existing fagade with a new one is consistent with the intent of the Comprehensive Plan. C) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The proposed site plan does not incorporate the expansion of the building, and this will have no impact on property in the immediate vicinity and the public right -of -way. Staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive Plan and will greatly upgrade the appearance of the building, enhancing the image of the Central Avenue corridor with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. Any new signage incorporated into the building shall be approved through the Sign Permit process. Questions from Members: Kinney asked if this Site Plan Review would trigger the minimum building height to be required. Sargent stated that it doesn't because this building is a non - conforming building that is grandfathered in in regards to the height. Since they are just changing the top fagade of the building it would not trigger require them to meet the 22 foot requirement of the Design Guidelines. Kinney stated she otherwise likes the plan and the materials they will be using. She thought it would blend nicely with some of the other new buildings nearby. P & Z Minutes Page 3 August 8, 2012 Peterson asked if a new business comes into the center if the signage would be affected. Sargent said this proposal is for the design of the front fapade only which is improving the existing design of the building. They are limited to a certain square footage of signage, and that is up to the owners and tenants to work out amongst themselves no matter who occupies the spaces. Szurek asked if the doors and windows of the individual businesses would be upgraded also as part of this project. She said several of the spaces still have their original doors and windows and it will become very apparent once the fagade work is complete. Sargent responded that was not part of this project being reviewed. Fiorendino asked if the building permit process would trigger them to upgrade the doors and windows. Sargent said the inspector would only be looking at the new work that relates to the permit. The only way he can look at anything else is if something hazardous if obvious, and he doesn't think that is the case. Public Hearing Opened John Boveri, Property Manager from Affiliated Realty, and Paul Kuchar the Project Manager, told members that replacement of the doors and windows is not part of this project due to budgetary constraints. Sometimes tenants will pay for that work themselves when it becomes obvious that it would improve the appearance of their space. He said several of the businesses in the center have already done this work, but others such as Insty Prints and Heights Bakery have not. As it stands, if the tenants do not wish to pay for this additional work at this time, it will have to wait until funds are available by the owner. Szurek again stated she thought it would be very obvious once the parapet is re -done. Public Hearing Closed. Motion by Fiorendino, seconded by Peterson, to waive the reading of Resolution No. 2011 -PZ05, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Peterson, to adopt Resolution No. 2011 -PZ05, being a resolution approving a site plan for a remodel of the Columbia Heights Market Place located at 4915 Central Avenue NE. All ayes. MOTION PASSED. P & Z Minutes Page 4 August 8, 2012 RESOLUTION NO.2012 -PZ05 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW FACADE FOR THE BUIDLING LOCATED AT 4915 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2012 -0801) has been submitted by Affiliated Realty, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4915 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMI T: Site Plan approval for the construction of a new fagade for the building located at 4915 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on August 8, 2012; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff 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 NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission 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 (l) 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. 2. Any new signage incorporated into the building shall be approved through the Sign Permit process. Passed this 8 °i day of August, 2012, Offered by: Fiorendino Seconded by: Peterson Roll Call: ALL AYES P & Z Minutes Page 5 August 8, 2012 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2012 -0802 Family Dollar / Brian Fabo 5220 Central Avenue NE Site Plan Approval for New Fagade Sargent stated the applicant is requesting a Site Plan Approval for the construction of a new fagade for the new Family Dollar store located at 5220 Central Avenue NE. This property is located within the Design Guidelines Highway District and requires a Site Plan Review in order to ensure compliance with the Design Guidelines. ZONING ORDINANCE The property located at 5220 Central Avenue is zoned GB, General Business District, as are the properties to the north, south and east. The properties to the west are zoned R -2A and R -213, One and Two Family Residential. PARKING. The building is approximately 8,300 square feet in area. The City Code requires 1 parking space for each 300 square feet of retail space, requiring a minimum of 25 parking stalls on site. The site currently has 46 parking stalls, exceeding the City's minimum requirements. DESIGN GUIDELINES. The previous use of the property was for a Blockbuster Video store. The applicant would like to remove the blue awning associated with Blockbuster and replace it with a color scheme consistent with Family Dollar, namely a two -toned tan brick building with a red roof. The proposed color scheme is consistent with the Design Guidelines. SIGNAGE. Any new signage will have to be approved through the Sign Permit process prior to installation onto the building. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Replacing the existing fagade with a new one is consistent with the intent of the Comprehensive Plan. FINDINGS OF FACT (Site Plan) Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: P & Z Minutes Page 6 August 8, 2012 a) The site plan conforms to all applicable requirements of this article. The site plan meets all applicable Design Guidelines for the property. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. Replacing the existing fagade with a new one is consistent with the intent of the Comprehensive Plan. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The proposed site plan does not incorporate the expansion of the building, and this will have no impact on property in the immediate vicinity and the public right -of -way. Staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive Plan and will severely upgrade the appearance of the building, enhancing the image of the Central Avenue corridor with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. Any new signage incorporated into the building shall be approved through the Sign Permit process. Sargent told members he had received a call from someone who had received a notice and they had inquired whether the site had enough parking spaces for this type of use. Sargent said the parking analysis indicates they exceed the requirements. Questions from members: Kimsey asked how the new fagade would cover the mechanical equipment on the roof. Sargent said that when that equipment is replaced it will need to be screened and a fence around the equipment is enough to satisfy the requirement. The fagade does not have to cover that equipment. Fiorendino asked if all new materials would be installed or if the existing would just be painted to the new color. Sargent believes they will just be painting the current materials. P & Z Minutes Page 7 August 8, 2012 Little asked if this store would be replacing the present location at 40`x' and Central. Sargent said he has asked that question but has not received a clear answer on that. Little then asked if there are any landscaping requirements due to the change in tenants since the site is pretty barren, and plain. Sargent said a tenant change does not require landscaping modifications, only new development would. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Kinney, seconded by Fiorendino, to waive the reading of Resolution No. 2011 -PZ06, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Kinney, seconded by Little, to adopt Resolution No. 2012 -PZ06, being a resolution approving a site plan for a new, fagade for the Family Dollar store located at 5220 Central Avenue NE. All ayes. MOTIONPASSED. RESOLUTION NO. 2012 -PZ06 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW FACADE FOR THE BUIDLING LOCATED AT 5220 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2012 -0802) has been submitted by Brian Fabo, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 5220 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 fagade for the building located at 5220 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on August 8, 2012; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff 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 P & Z Minutes Page 8 August 8, 2012 NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: I . 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, neaps, drawings and descriptive information shall become part of the permit. 2. Any new signage incorporated into the building shall be approved through the Sign permit process. Passed this 8 °i day of August, 2012, Offered by: Kinney Seconded by: Little Roll Call: All ayes NEW BUSINESS No other new business. OTHER BUSINESS Sargent told members they will be serving as a Board of Appeals and Adjustment at a Hearing that is scheduled for August 21, 2012. I-Ie reviewed the process with the members. The Board will need to render a decision in regards to action taken by Staff in interpreting City Codes. Staff will present the facts to the Board but will not be making any recommendation on the matter since the Board will be judging whether the correct action was taken. Sargent told members they will get a packet ahead of time to review. The applicant has been informed of the date and that he can include any information he wants the Board to see in the packet. Sargent explained that P & Z Minutes Page 9 August 8, 2012 the City Attorney, the Fire Chief, and the Building Official will all be present to answer any questions the Board has. The meeting was adjourned at 7:40 pm. Respectfully submitted, Shelley Hanson Secretary • ; CASE NUMBER: 2012 -0901 DATE: September 5, 2012 TO: Columbia Heights Planning Commission APPLICANT: Financial One / Powerfully Green LOCATION: 843 — 40th Avenue NE REQUEST: Site Plan Approval for a Solar Carport PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the applicant is requesting a Site Plan Approval for the construction of a solar carport for the Financial One business located at 843 — 40th Avenue NE. This property is located within the Design Guidelines 40th Avenue District and requires a Site Plan Review in order to ensure compliance with the Design Guidelines. The property currently has uncovered, on -site parking. The applicant would like to be able to incorporate a solar - collecting carport onto the property that both covers parked cars and collects renewable energy. The solar energy collection carport has the option of providing car - charging stations as well, being the first of its kind in the metropolitan area. ZONING ORDINANCE The property located at 843 — 40th Avenue is zoned CBD, Central Business District, as are the properties to the south, east and west. The properties to the north are zoned R- 3, Multiple Family Residential. ACCESSORY STRUCTURES. By definition, the proposed carport is an accessory structure. The Zoning Code does not specify a maximum size for accessory structures in the CBD, Central Business District. The Zoning Code also states that all non - residential accessory structures shall be subject to the same setback regulations as a principal structure in which it is located. The CBD allows for buildings to be located directly on the front and side property lines. The front lot line of this property is that lot line adjacent to Van Buren Street. The proposed location of the carport indicates consistency with the Zoning Code. City of Columbia Heights Planning Commission 843 - 40th Avenue - Site Plan Review September 5, 2012 Case # 2012 -0901 DESIGN GUIDELINES. No changes to the principal structure will be occurring. The proposed carport incorporates solar panels mounted on a steel support structure, acting as a canopy for parked cars. The Design Guidelines do not specifically regulate this type of structure because it is not enclosed. For this reason, the proposal meets the minimum standards of the Code. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. The proposed Site Plan adds to the commercial aspect of the property and is consistent with the Comprehensive Plan. FINDINGS OF FACT (Site Plan) Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all applicable Design Guidelines for the property. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. The proposed Site Plan adds to the commercial aspect of the property and is consistent with the Comprehensive Plan. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The proposed structure meets all setback requirements, and thus minimizes all adverse impacts on property in the immediate vicinity and public right -of -way. RECOMMENDATION Staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive Plan with the following conditions: Page 2 City of Columbia Heights Planning Commission September 5, 2012 843 - 40th Avenue - Site Plan Review Case # 2012 -0901 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall obtain a building permit prior to construction of the carport. Move to waive the reading of Resolution No. 2012 -PZ07, there being ample copies available to the public. Move to adopt Resolution No. 2012 -PZ07, being a resolution approving a site plan for a new solar collecting carport for Financial One located at 843 — 40th Avenue NE. ATTACHMENTS • Draft Resolution • Location Map • Site Plan • Elevations Page 3 RESOLUTION NO.2012 -PZ07 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A SOLAR CARPORT FOR THE BUIDLING LOCATED AT 843 — 40TH AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2012 -0901) has been submitted by Financial One, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 843 — 40 °i Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new solar carport located at 843 — 40°i Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on September 5, 2012; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff 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 NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: I. 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. Resolution No. 2012 -PZ07 CONDITIONS ATTACHED: 2 All application materials, maps, drawings and descriptive information shall become part of the permit. 2. The applicant shall obtain a building permit prior to construction of the carport. Passed this 5 °i day of September, 2012, Offered by: Seconded by: Roll Call: Ayes: Nays: Chair, Marlaine Szurek SECRETARY, Shelley Hanson bIC-n-I W O ry Z O 5 4141 4138 4137 4134 4131 4130 4125 4124 4119 4116 4113 4112 4107 4108 4105 nnnv — 4102 4059 4058 4055 4110 4048 4049 V v m 4044 4041 4037 4038 4031 4034 4030 4027 4024 4023 4020 O L 4000 4149 4145 4144 4141 4140 4137 4136 1 4109 1 4030 40TH AVE 838 r n 820 3982 3974 3977 820 3975 3976 3971 3970 3973 N 3967 3970 3966 3967 3968 3963 3964 w X e 3959 3960 3959 3962 s 3957 3956 3955 3956 3953 3952 3953 aoeu j 3946 3932 3935 3931 Location Map 3988 32$4 3982 900 3970 3968 3964 3961 3958 3957 II 3952 3932 3928 4111 7 4101 41 ST 4001 4BIRI, GOUL 3959 959 95 3951 ]_ 3939 4110 v m � 819 089 O en 887 875 885 V 873 883 871 881 625 WARG, a 3 3 H 4100 COUR- 4057 4056 838 4053 - 4054 4047 4054 4049 4045 4048 4041 4040 4040 4032 N 0 4030 v 4021 4026 4024 4022 Z LLI 4020 4012 - 4016 831 843 Z 4000 40TH AVE 838 r n 820 3982 3974 3977 820 3975 3976 3971 3970 3973 N 3967 3970 3966 3967 3968 3963 3964 w X e 3959 3960 3959 3962 s 3957 3956 3955 3956 3953 3952 3953 aoeu j 3946 3932 3935 3931 Location Map 3988 32$4 3982 900 3970 3968 3964 3961 3958 3957 II 3952 3932 3928 4111 7 4101 41 ST 4001 4BIRI, GOUL 3959 959 95 3951 ]_ 3939 Financial One Credit Union, carport proposal Building placement: 4001 Ave District £343 40th Ave. NE Columbia Heights, MN 55421 The addition of a high - quality commercial carport provides a more definitive commercial appearance for the property, increases the aesthetic appeal of the open lot /parking lot space, and provides pollution -free electricity to the building. • Will not affect privacy or livability of neighboring residential buildings • Allows views, does not block light, no glare • Establishes visual importance • Faces the primary street • Defines the rear property line • High quality, durable • Provides shading for the cars parked there • Car - charging station options brings value to the community • Adds a contemporary feel (and purpose) to this commercial property • Does not hinder pedestrian circulation • May be accessed from side streets or existing service drives • Maintains parking at the rear of the building • Does not impact the size of the parking lot at this property • All wires and system components are integrated into the racking and therefore 100% protected and shielded from view • Building- integrated solar panels, made in Mountain Iron, MN • Makes a positive contribution to the streetscape F llb IWII IH510 B A meN PIABCIPCC1111,16 S11 PV smllec CI PI MN <Si l4 riliallical 011e Cl-edit Unioll Y NABCEP PVT Technical Ph 6129903213 84340th Avenue Northeast i�= ,.,u,111� ra nzees naa Columbia Heights, MN 55421 1n e u :dlu 111 <o.wo� ___ ml.v. 720¢ Example: Carport structures provide shading and aesthetic appeal to open lots Example: Double -glass modules are building- integrated and allow light to pass through. All wiring is protected and hidden in rails. Example: This cedar patio pergola in Champlin, MN (installed by Powerfully Green) has gotten national recognition as an example of a beautiful solar installation. 80 kW solar carport structure in Boulder, Colorado 9o�10 >—NNyry.E Huy x � a u g$ #� z s f tat XRS 9 m �a 1 to S T Jam, � o w asa 6a1hs8 w bylaw aaag�„soou q o $° 3�3 E Wcmw ga°a 4 `o aCr O.. 33u § g�gF k'g� Fb,ay AT A mso a n� gig 4�m�� { �,� j�� gq , Rg ego '� � s e1 # y �E 00 a. IMF 's Post! y =F�gsaa�se 3m�� s� <! ,�aa : # �, ono M 0 m e a o gu � a9� a s0 1 J 0 d IM 0 ¢Si � 3 U LLa N I I I� 4 lid- ------ m I I e �..`ssssg I � I tl I, i $ c N a � h I —I M11F.Tor. =I- No noise. No pollution. No maintenance. 0�4 Integrates into your existing electrical system. Modules have 30 -year performance warranty, highest durability on the market. 30.42 kW photovoltaic system 37,496 kWh /year (predicted output) Annual carbon emissions reduction of: JQ 108,600 pounds of Greenhouse Gases (CO2) ..w 330 pounds of Nitrogen Oxides 02 s 390 Pounds of Sulfur Dioxide roF 825 Milligrams of the toxic metal mercury CASE NUMBER: 2012 -0902 DATE: September 5, 2012 TO: Columbia Heights Planning Commission APPLICANT: Steven Maas LOCATION: 3918 Ulysses Street NE REQUEST: A Variance for a Third Accessory Structure PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the applicant is requesting a variance per Code Section 9.106 (C)(1)(a) in order to retain a third accessory structure on his property located at 3918 Ulysses Street NE. The applicant currently has a detached garage and a storage shed on his property. Just recently, he has constructed a 24'x 10' kennel to house his cats. City Staff learned about the construction because of a neighborhood complaint. Upon inspection of the property, staff informed the applicant that he would need a building permit for the structure as well as a variance to retain the third accessory structure. The property is a duplex, with the applicant living on one side and the applicant's mother living on the other. Both have two rescue cats, which are accustomed to being outdoors. In the applicant's letter, he states that prior to the kennel being built, there were multiple times when his cats could be found on neighbor's roofs, on their decks, and even in their homes. The cats often killed songbirds, squirrels, rabbits and mice and needed to be cleaned up after. The enclosure allows the cats to remain outdoors while not causing problems with neighboring property owners. ZONING ORDINANCE The property located at 3918 Ulysses Street is zoned R -2B, One and Two Family Residential, as are the properties to the north. The properties to the south, east and west are zoned R -2A, One and Two Family Residential. The Zoning Code at Section 9.106 (C)(1)(a) states that each residentially zoned parcel shall be allowed two detached accessory structures. The addition of the cat kennel would create a third accessory structure. For this reason, a variance is required. City of Columbia Heights Planning Commission September 5, 2012 3918 Ulysses St - Accessory Structure Variance Case # 2012 -0902 ACCESSORY STRUCTURES The Zoning Code states that the combined square footage of all accessory structures on the property may not exceed 1,000 square feet in area. The applicant has a 20' x 20' detached garage (400 s.f.), a 10' x 12' shed (120 s.f.) and the 24' x 10' cat kennel (240 s.f.) measuring 760 square feet in total, meeting the City's minimum requirements. The Zoning Code also requires all accessory structures to be no closer than 3 feet from the side and rear property lines. As a condition of approval, Staff will require that the setbacks be verified through the Building Permit process. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Residential. The use of accessory structures in residential areas is allowed, and for this reason, the proposal is consistent with the Comprehensive Plan. 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. Although the cat kennel is considered an accessory structure, it is not used in the same manner as a detached garage or storage shed. The very nature of this structure requires it to be detached from the house and located in the rear yard. Although the applicant has the option of removing the storage shed from the property, he stated that he needs the shed for the storage of materials that cannot be placed inside the principal structure. The cat kennel is also a reasonable use of the property. 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 the fact that the applicant has a detached garage and storage shed on the property and would like to retain a structure that he built to house his cats outdoors. This is a unique circumstance, as this is the first variance request of this nature that the City has received. Page 2 City of Columbia Heights Planning Commission 3918 Ulysses St - Accessory Structure Variance September 5, 2012 Case # 2012 -0902 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 practical difficulties are caused by the provisions of the Code. Staff sought the City Attorney's opinion on how to classify the cat kennel. The cat kennel is a structure that is not intended for a principal use. For this reason, the City Attorney stated that it has to be classified as an accessory structure. Most commonly, accessory structures, like garages and sheds, are used for the storage of materials. This is a bit different since the structure will be used to house animals. The Zoning Code does not specifically address kennels in relation to being accessory structures on a property. It is the City Attorney's opinion that staff should look into this particular matter and propose a Zoning Amendment if need be to clarify this issue. 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. The use of accessory structures in residential areas is allowed, and for this reason, the proposal is consistent with the Comprehensive Plan. 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. According to the applicant, the granting of the variance would actually aid in the enjoyment of the properties in the immediate vicinity, as his cats would not be causing problems in the neighborhood. RECOMMENDATION Staff recommends approval of the variance to allow a third accessory structure on the property. Staff feels that this type of structure is similar to a property owner building a fence around his yard to keep his dogs from leaving the property. In this case, the "fence" would have to be enclosed in order to keep agile cats from leaving the property. The variance request is a reasonable use of the property, and for this reason, staff recommends approval. Motion: That the Planning Commission recommends that the City Council approve the variance for a third accessory structure per Code Section 9.106 (C)(1)(a), subject to certain conditions of approval that have been found to be necessary to protect the Page 3 City of Columbia Heights Planning Commission September 5, 2012 3918 Ulysses St - Accessory Structure Variance Case # 2012 -0902 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 must obtain a building permit for the kennel. 3. The kennel must meet the minimum setback requirements for an accessory structure, being setback no closer than 3 feet from the side or rear property lines. 4. The kennel may house no more than 4 cats at any one time, with the understanding that no more than 2 cats may belong to the owners /tenants of each side of the duplex. ATTACHMENTS • Draft Resolution • Location Map • Site Plan Page 4 RESOLUTION NO.2012 -XXX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR STEVEN MAAS WHEREAS, a proposal (Case # 2012 -0902) has been submitted by Steven Maas to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3918 Ulysses Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance for a third accessory structure per Code Section 9.106 (C)(1)(a). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 5, 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: 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. Resolution No. 2012 -XXX 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. The applicant must obtain a building permit for the kennel. The kernel must meet the minimum setback requirements for an accessory structure, being setback no closer than 3 feet from the side or rear property lines. 4. The kennel may house no more than 4 cats at any one time, with the understanding that no more than 2 cats may belong to the owners /tenants of each side of the duplex. Passed this 10`x' day of September, 2012 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 3918 Ulysses Street v' 9d'u' NE- 3979 3974 3979 r r 1500 9�� 3975 3970 3973 W 3971 3964 9 �9 Gy 3961 3963 3958 3967 u'y'9Gj"'SS, 3949 3947 3948 3955 sy 3941 3944 d9 39`r� 3945 3936 3937 3938 3947 7 „OO�� 3941 3932 3933 3934 3939 3928 3S (/1 3929 3929 3926 LU 3930 3930 (n 3925 3920 U) 3919 3927 3928 3919 3918 3918 3916 3915 3923 1519 3915 g12 39�� 3912 3917 3 3911 3g�� 390 3908 M LO 3904 E!399jO �n ui 3900 39TH 3856 d tO C1' 00 3850 3849 1600 r r o (n 3845 T 3850 1506 3844 Z 3845 3842 w 3838 0 3839 3836 3841 331 3820 Z - 3827 3830 = 3825 = 3825 3820 25 0 3819 3817 3818 --) 19 3815 3812 3813 Location Map r —rt _1@_ SCANNED avid avid Jfl/ elateq% J,tjCa Telephone 421 -6340 LAND SURVEYORS �,.-- ,Anoka, Minnesota 1131 - 138 -32 CERTIFICATE OF SURVEY: 1-S -F CLARLNCL if()LSTEN�`'� 1 y - - -s-- z U1 W m CO I I 14 CAF L ll� s , q X95° r-h f, N N f 130 l G. F T'. 10 l{l m N CO nj -1 L� I 2 1- UP J 'I II 1� JCA tl I_E.tI it ^ 912 —Q D E N o -r E� i k'. rand S' 1% I That Hart of Lot 6, lock i.o, Auditor's Subdivision of �Sa111 "1's Sunny Acres Third L Addition; ;lnoka County, .liirmen) .a des - Ver�ibed as foli, ws: Comn',encing at a point on the South line of Said Lot C distant 50 feet t ''� ,. West fi °om thcr Southc Tst corncx of said Lot a 'thence GVcst on said South tine a I, lru of 1110 feet, Thence North Lndparallel with the Last line of said Lot 6 to a I oL t di�aant 31, 5 feet south from the North line of Said Lot 6, Thence Las( and parallel with the Nc rt of said of Lot itota pf>iLnht onalccir flat turn-around T l South and parallel WWI the East lie having a radius of 50 feet and having the center of said circle at the SOnthOabt corner "f Bald Lot 6; 'I'hpnce Southwesterly along said circle to the point of commenecment. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE ABOVE DESCRIBED LAND, AND THE LOCATION OF ALL BUILDINGS, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. May 64 4th ......... ............................... A.D. I V........... AS SURVEYED BY ME THIS ................. DAY OF ..........:.................. N. C. HOIUM AND ASSOCIATES, INC LAND SURVEYORS i r I ,�� IJi �a I � � _J 2 1- UP J 'I II 1� JCA tl I_E.tI it ^ 912 —Q D E N o -r E� i k'. rand S' 1% I That Hart of Lot 6, lock i.o, Auditor's Subdivision of �Sa111 "1's Sunny Acres Third L Addition; ;lnoka County, .liirmen) .a des - Ver�ibed as foli, ws: Comn',encing at a point on the South line of Said Lot C distant 50 feet t ''� ,. West fi °om thcr Southc Tst corncx of said Lot a 'thence GVcst on said South tine a I, lru of 1110 feet, Thence North Lndparallel with the Last line of said Lot 6 to a I oL t di�aant 31, 5 feet south from the North line of Said Lot 6, Thence Las( and parallel with the Nc rt of said of Lot itota pf>iLnht onalccir flat turn-around T l South and parallel WWI the East lie having a radius of 50 feet and having the center of said circle at the SOnthOabt corner "f Bald Lot 6; 'I'hpnce Southwesterly along said circle to the point of commenecment. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE ABOVE DESCRIBED LAND, AND THE LOCATION OF ALL BUILDINGS, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. May 64 4th ......... ............................... A.D. I V........... AS SURVEYED BY ME THIS ................. DAY OF ..........:.................. N. C. 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CVOA Msce , T i e, ccc,�ts hcure cd -so b eQr\ on -HP, vve,` 4Lkx 2 c ,200Fs , j r� 4A\_O i " �a,ru -W , WG i rvsb r�-Qi 5kLyJ rs 9cz (-cDt vc-S C flu (,� A b e cis 1 i� � Ioa5c�s c� ►tied d a rrie &� t�j��ors 1� ol�sr2 l Jhc� Z lve r�Qc9. -I kvn trc�nr To I �t E I-erv� h btt � i rVs) o CA-tS`tCLO- CL and OW O t &AS cUvu , -} cc v� 0 2 Cow Co 1Y�Q, 40 4- vf'n . maw ,tea iSh,4�ors I�c� -ue- �� TN.Q� r Sri 2m�o 1--0 c o-v&OILV� °I-►,,P-m . lru��I CC �e �2zZ 15s-6 a CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2012 -0903 DATE: September 5, 2012 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Temporary Signs PREPARED BY: Jeff Sargent, City Planner INTRODUCTION In early 2012, the City Council approved the establishment of the Community Development Steering Committee ( "the Committee "). The task of the Committee was to conduct an extensive review of the Sign Code and Design Guidelines to determine whether these articles are still relevant in today's society. The Committee was in charge of overseeing any changes that might be made, with suggestions and recommendations to the City Staff, who would then forward the recommendations to the Planning Commission and City Council. The Committee was comprised of one resident, three business owners, one City Council member and one Planning Commission member. They met for six sessions beginning in May, 2012, and have come up with some suggestions for Zoning Amendments. At this time, City Staff is representing the Committee by proposing a Zoning Amendment as it relates to temporary signage. In order to promote new businesses that have moved into Columbia Heights, the Committee proposes the City to allow each new business to utilize one "Grand Opening" sign per business for a period of 60 days. This banner would not require a permit and would not count towards the total allotment of temporary banners (four) that a business may use in a calendar year. The purpose of this amendment is to allow new businesses the opportunity to advertise their new arrival in an attempt to establish themselves in the community. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing a "Grand Opening" sign would aide in the City of Columbia Heights Planning Commission September 5, 2012 City of Columbia Heights, Temporary Signs Case # 2012 -0903 enhancement of the commercial areas throughout the city. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing a "Grand Opening" sign would aide in the enhancement of the commercial areas throughout the city. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would apply to all commercial districts throughout the City. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of particularproperty. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particularproperty. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments Draft zoning ordinance Page 2 DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO TEMPORARY SIGNS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (P)(7) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 SPECIFIC DEVELOPMENT STANDARDS (P) Sign regulations. The following uses are subject to specific development standards: (7) Temporary signs. The following standards shall apply to temporary signs in all zoning districts: (h) Grand opening signs. 1. Each new business is permitted one (1) grand opening sign, at the time when the new business is established in the city. 2. Grand opening signs do not require a permit. 3. Such signs do not count against the total number of temporary signs allowed per property per calendar year. 4. Grand opening signs are allowed for no more than sixty (60) consecutive days. 5. Grand opening signs must display a message consistent with the promotion of the grand opening of the new business. 6. Grand opening signs shall be no greater than fifty (50) square feet in area. 7. Such signs must meet all other applicable regulations for temporary signage in the city pertaining to placement on the property, maintenance, etc. [Sections § 9.106 (P)(7)(i -k) shall be renumbered accordingly] Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: September 10, 2012 Second Reading: September 24, 2012 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary