HomeMy WebLinkAbout2013-06-04CITY OF COLUMBIA HEIGHTS
590 - 401' Avenue NE, Columbia lleights, MN 55421 -3978 (763) 706 -3600 TDD (763) 706 -3692
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MEMBERS:
Marlaine Szurek, Chair
Rob Fiorendino
Chris Little
Tracey Kinney
Keith Roberts
PLANNING AND ZONING COMMISSION MEETING
7:00 PM TUESDAY, JUNE 4, 2013
CITY HALL COUNCIL CHAMBERS
590 - 40TH AVENUE NE
1. Roll Call
Minutes May 7, 2013 meeting
2. Public Hearings:
Case #2013 -0601, Variance to the minimum floor area
City of Columbia Heights EDA
44215"' Street
Case 42013 -0602, Ordinance Amendment Section 9.106(D)(b)
City of Columbia Heights
3. New Business
Request for Special Meeting
Renaissance Fireworks
4, Other Business
5. Adjourn
The Responsibility of the Planning Commission is to:
• Faithftdly 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
MAY 7, 2013
7:00 PM
The meeting was called to order at 7:00 pm by Chair Marlaine Szurek.
Commission Members present- Little, Kinney, Roberts, and Szurek
Members Absent- Fiorendino
Also present were Sheila Cartney (Asst. Community Development Director), and Shelley
Hanson (Secretary) and Gary Peterson (Council Liaison).
Motion by Kinney, seconded by Roberts, to approve the minutes from the meeting of March 5,
2013. All ayes. MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER: 2013 -0501
APPLICANT: First Lutheran Church
LOCATION: 1555 40'x' Avenue NE
REQUEST: Conditional Use Permit for School
Cartney explained that at this time First Lutheran Church is requesting a CUP per Code Section
9.109 (3)(c) to allow a Charter School in the R -1 Zoning District. The church will continue their
operations as usual.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for Religious Institution. A school inside a
religious institution meets the spirit and intent of the Comprehensive Plan.
ZONING ORDINANCE
The property located at 1555 — 40`x' Avenue NE is zoned R -1, Single Family Residential, as are
the properties to north, east and west. The properties to the south are zoned R -2A, One and Two
family residential and Park and Open Space. Schools are permitted as a Conditional Use
Residential Districts.
PROPOSAL
The applicant is proposing to add a charter school to their location. If approved the school will
start out with three kindergarten classes of 66 students (22 students in each class) then increase
each year by 66 students until 2015 when they will have 3 kindergarten classes, 3 first grade
classes and 3 second grade classes (198 students) using 9 or 10 classrooms. First Lutheran
Church was originally Silver Lake Elementary school and is designed for a school use. There are
206 parking stalls available at the site. Adding of the new school only require 23 stalls which can
P & Z Minutes
Page 2
May 7, 2013
be accommodated by the parking lot. The church and the school will share the choir room, gym,
and Martin Luther Hall. School will be in session from August 15 through June 15°i. Cartney
told members they meet all required conditions.
FINDINGS OF FACT
Section 9.104 (11) 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.
Schools, public or private, K -12 are specifically listed as a Conditional Use in the R -1,
Single Family District.
(b) The use is in harmony with the general purpose and intent of the Comprehensive
Plan.
The Comprehensive Plan designates this area far Religious Institution. The proposed use
is not changing the current use, rather just adding to it. A church and school are both in
harmony and meet the general intent of the Comp Plan.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed use as a school will not impose hazards or disturbing influences on
neighboring properties. The subject property was originally built as a school. There is
more than enough room at the church to accommodate the schools classroom needs and
parking needs.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
The use of property in the immediate vicinity will not be diminished by adding a small
charter school to the church.
(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.
There will be no physical changes to the appearance of the existing building to
accommodate the school.
(f) The use and property upon which the use is located are adequately served by essential
public facilities and services.
This is correct.
P & Z Minutes
Page 3
May 7, 2013
(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.
As stated before the original use of the subject site was for a school, at which time the
parking was built appropriately. One performance standard for a school is that the
school be served by a major collector or higher classification roadway, 40'h Avenue
meets this requirement.
(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.
Considering the church was previously a school there should be no negative cumulative
effect.
(i) The use complies with all other applicable regulations for the district in which it is
located.
This is correct.
Staff recommends approval of the proposed CUP for a school located at 1555 40`x' Ave NE.
Questions from members:
Roberts asked if the size of the classrooms meet State guidelines. He said there is a minimum
square footage for each classroom established by the State. Cartney stated they should meet all
standards since this building was originally a public school.
Public Hearing Opened:
A member asked the representatives what type of Charter School this would be. Rick Campion
from Prodeo Academy stated the focus will be on early literacy to close the achievement gap.
Kathy Ehlers, 4010 Hayes St -said this is an older building so she questioned whether asbestos
remediation has been done to ensure the safety of the students. The representative from First
Lutheran Church said that it has been done.
Ms. Ehlers then asked if all the classrooms would be on ground level so safety existing is met.
Again, the church representative said that the classrooms are at ground level on one side and it is
a two story level on the other, but all existing is approved.
Ms. Ehlers asked how much vehicle traffic they expect each day. Mr. Campion stated the
students would be bussed to the site and there would be three teachers on site each day, so the
traffic should be minimal.
P & Z Minutes
Page 4
May 7, 2013
Ms. Ehlers wondered why this was the first anyone in the neighborhood heard of this plan. She
said she thought the church should have notified area residents of the plan and held some type of
an informational meeting even if it was just for good public relations. Cartney said she can't
address the Church Council's decision regarding this matter, but they meet the necessary legal
requirements of notification by going through this process whereby all residents within 350 feet
were notified and allowed to express their opinions at this Public Hearing.
Public Hearing was closed.
Motion by Kinney, seconded by Little, that the Planning Commission recommends the City
Council approve the Conditional Use Permit for a school located at 1555 40 °i Avenue 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. The number of classrooms is limited to 10
2. If parking becomes an issue the applicant shall submit a transportation plan to staff to
address parking alternatives
All ayes. MOTION PASSED.
The following Resolution will go to the City Council May 13, 2013
RESOLUTION NO. 2013-30
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
FIRST LUTHERAN CHURCH TO ALLOW A CHARTER SCHOOL AT 1555 40Ta AVENUE NE
IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #201 -0501) has been submitted by First Lutheran Church to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 1555 —40 °i Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code
Section 9.109 (3)(c), to allow a school, public or private, K -12 in the R -1 Single Family Residential
District for the property located at 1555 40 °i Avenue NE.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
May 7, 2013;
P & Z Minutes
Page 5
May 7, 2013
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 tire, and risk to public safety in the surrounding areas;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia I- (eights 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.
5. 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 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 CI) calendar year after the approval
date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The number of classrooms is limited to 10
2. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking
alternatives.
Passed this 13 °i day of May, 2013
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest
Tori Leonardt
City Clerk
P & Z Minutes
Page 6
May 7, 2013 .
Cartney told members that based on the recommendation of the EDA Board the City will be initiating
a variance request and an Ordinance amendment to the Planning & Zoning Commission at the June
meeting. Both these requests will address the minimum size of homes when built on small lots, like
those in the scattered site district and the lots being marketed by Anoka County. Based on the fact
that a 2 car garage is also required, it becomes difficult to also place a larger home on the lots. The
suggestion is to change the Ordinance to address the amount of finished square footage in the home
rather than the square footage of the footprint. This would allow the footprint size to be reduced.
The Ordinance amendment will take some time to complete, so the variance will be necessary for the
builder to begin construction of the first model home on one of the City lots being re- developed.
The meeting was adjourned at 7:14 pm.
Respectfully submitted,
Shelley Hanson
Secretary
..
CASE NUMBER: 2013 -0601
DATE: June 4, 2013
TO: Columbia Heights Planning Commission
APPLICANT: City of Columbia Heights EDA
LOCATION: 4421 5th Street NE
REQUEST: Variance
PREPARED BY: Sheila Cartney, Assistant Community Development Dir.
INTRODUCTION
At this time, the applicant (the City) is requesting a variance to the minimum floor area
requirement on the main floor of 960 square feet for a two story dwelling. The subject
property is part of the City's Scattered Site program and has been approved by the
Economic Development Authority (EDA) for a model home. The model homes that have
been approved for the Scattered Site program are two -story homes with three
bedrooms and two baths. The particular model home for this subject lot has a main floor
area of 581 square feet with a finished area of 1,169 square feet.
ZONING ORDINANCE
Code Section 9.106 (D)(b) requires one and one -half and two story dwellings shall have
a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each
additional bedroom over two.
CONSIDERATIONS.
For the scattered site program the EDA has selected one builder and two model homes
for 11 lots. The two model homes are two -story homes with a main floor area less than
960 square feet. The majority of the scattered site lots are 5,160 square feet or less
limiting the type and size of house that can be built. In almost all cases the required two -
car garage will have to be detached (as with the subject lot) setbacks just cannot be met
with attached garages and floor area ratio requirements. The builder and the EDA have
chosen to build primarily two -story dwellings on these lots to maximize the green space
while providing a desirable home with three bedrooms and two baths, which is severely
lacking in Columbia Heights.
City of Columbia Heights Plan
4421 5t" Street - Variance
Commission
January 2, 2013
Case # 2013 -0601
The intent of this code is to achieve a total square footage of space, as evidenced with
a split entry/level home, no minimum main floor area required, but simply a 1,020
square foot aggregate floor area is required.
COMPREHENSIVE PLAN
The Comprehensive Plan designates the subject lot as low density residential. A single
family home is consistent with this designation.
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 lot is 5,160 square feet and 40 feet wide which is limiting to the size and style of
house that can be built. A two -story home maximizes the space while allowing some
green space for a yard. Adhering strictly to the requirement of a main floor area ratio
of 960 square feet would be difficult in designing a two -story home while maintaining
open space and lot coverage requirements. Allowing a two -story home on this lot
allows for more finished area.
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 subject site is part of the City's Scattered Site Program. New construction and
these small lots are severely limited to a small portion of properties in the city.
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.
As written the ordinance does not take into consideration the challenges of a 40 foot
wide lot and the challenges of designing a house and required two car garage to fit
while meeting setbacks and lot coverage requirements. If a two -story house was
built with the minimum main floor area of 960 square feet the total finished area
would be 1, 920 square feet which would be over building in many neighborhoods in
Columbia Heights.
d) The granting of the variance is in harmony with the general purpose and
intent of the comprehensive plan.
Page 2
City of Columbia Heights Pla
4421 5th Street - Variance
Commission
January 2, 2013
Case # 2013 -0601
The granting of the variance would be in harmony with the general purpose and
intent of the comprehensive plan. The comp plan designates this property as single
family residential and that is what is proposed to be built.
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 variances should not be materially detrimental to the public
welfare or the use of the properties in the vicinity. The variance requests will
have conditions imposed on them to help ensure this.
RECOMMENDATION
Motion: That the Planning Commission recommends that the City Council approve the
variance to allow a main floor area of 581 square feet than the minimum requirement
per Code Section 9.106 (D)(b) 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 above grade minimum floor area shall be 1,162 square feet.
ATTACHMENTS
• Draft Resolution
• Location Map
• Site Plan
Page 3
RESOLUTION NO. 2013-34
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR 44215"' STREET
WHEREAS, a proposal (Case # 2013 -34) has been submitted by the City of Columbia Heights to
the City Council requesting a variance from the City of Columbia Heights Zoning Code at the
following site:
ADDRESS: 4421 5 °i Street NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: 379 - square foot area variance to
main floor area for a two -story dwelling per Code Section 9.106 (D)(b).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on December June 4, 2013;
WIIEREAS, 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 it reasonable
mariner not permitted by the zoning ordinance.
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 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.
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. 2013 -34
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 above grade minimum floor area shall be 1,162 square feet.
Passed this 10th day of June, 2013
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt, City Clerk
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CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2013 -0602
DATE: June 4, 2013
TO: Columbia Heights Planning Commission
APPLICANT: City of Columbia Heights
LOCATION: City Wide
REQUEST: Zoning Amendment for minimum floor area of one and one -half and
two story dwelling
PREPARED BY: Sheila Cartney, Assistant Community Development Director
INTRODUCTION
In May 2013 the Economic Development Authority (EDA) finalized contracts to list and sell
12 scattered site lots and build with Timbercraft Homes. The majority of the scattered site
lots are 5,160 square feet (40' wide lots). Timbercraft has presented the EDA with two
model home styles for buyers to choose from both two -story homes. The models have a
main floor area of 581 square feet (1,169sq.ft finished) and 597 square feet main floor area
(1,197sq.ft. finished) both with unfinished basements. City Ordinance requires a one and
one -half and two story dwellings to have a minimum floor area of 960 square feet on the
main floor, plus 120 square feet for each additional bedroom over two.
At the EDA meeting the representative from Timbercraft Homes explained that with these
narrow lots it is hard to build a home with a large horizontal footprint that takes up the
majority of the lot, it is more advantageous to build vertically to preserve what little open
space there is. He also indicated that the model homes are minimums and if a buyer
wanted a larger home they could build it if it fits within the parameters of the code, which
could be accommodated on a few of the lots.
COMPREHENSIVE PLAN
One of the goals of the Comprehensive Plan is to "Advocate housing efforts that attract
and retain residents, especially young families." An implementation strategy listed is to
seek first time homebuyers for purchase of city owned property. Another goal listed is to
"Preserve and reinvest in the housing stock to protect values and investment in the city."
The Scattered site program obtains these goals by providing affordable "starter" homes
and reinvesting in neighborhoods.
of Columbia Heights Planning Commission
City of Columbia Heights, Floor Area Ratio
FINDINGS OF FACT
June 4, 2013
Case # 2013 -0602
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:
The amendment is consistent with the Comprehensive Plan.
One of the goals of the Comprehensive Plan is to `Advocate housing efforts that
attract and retain residents, especially young families. "An implementation strategy
listed is to seek first time homebuyers for purchase of city owned property. Another
goal listed is to "Preserve and reinvest in the housing stock to protect values and
investment in the city. "The Scattered site program obtains these goals by providing
affordable "starter" homes and reinvesting in neighborhoods.
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 one and one -half and two -story
dwellings 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
Y Draft zoning ordinance
Page 2
DRAFT ORDINANCE NO. 1612
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005
RELATING TO FLOOR AREA REQUIREMENTS WITHIN THE CITY OF COLUMBIA
HEIGHTS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.106 (D) of the Columbia Heights City Code, is proposed to
include the following additions and deletions:
§ 9.106 GENERAL DEVELOPMENT STANDARDS.
(D) Dwellings
(2)Roor area requirements. The following floor area requirements shall apply to all
dwelling units within the city:
(b) on,- and e One -half and two story dwellings shall have a minimum floor area of 960 550
square feet on the main floor, plus 120 square feet for each additional bed}eem- ever two with a
total above grade minimum floor area of 1,020 square feet.
Section 2:
This Ordinance shall be in full force and effect from and after 30 days after its passage.
First reading: June 10, 2013
Second reading: June 24, 2013
Date of passage:
Offered by:
Seconded by:
Roll call:
Mayor Gary Peterson
Tori Leonhardt, City Clerk
Mayor:
Gary L. Peterson
Coaneilmembers:
Bruce Nawrocki
Bobby Williams
Tanmicra Diehm
Donna Schmitt
City Manager
Walter R, Fehst
COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT
DATE: May 30, 2013
TO: Planning and Zoning Commission
FROM: Sheila Cartney, Assistant Community Development Director
RE: New Business: Special Meeting Request
Renaissance Fireworks applied for an Interim Use Permit (IUP) on May 23, 2013, the deadline for
applications was May 6, 2013. Since they made application on May 23r`I it was too late to make it in the
newspaper for the Public Hearing notice and are not able to make it on the June 4tl' Agenda; therefore they
are requesting a special meeting for their public hearing. If they waited until the next public hearing it
would be on July 2, 2013 two days before the 4t" of July event making their sales event only two days.
They have had IUP's in the city for the past 8 years in the same locations (4005 Central & 4300 Central).
If the Planning and Zoning Commission were to hold a Special meeting it could be scheduled for June 18,
2013 (if you want it on a Tuesday) allowing for the notice to go to the paper this week, and be published
on June 131" and time for notices to go to the neighbors.
If the Planning and Zoning Commission agrees to the special meeting the action is to call a public hearing
for June 18, 2013 at 7:OOpm (or a date and time of your choosing).
Serenity Venture Group
Renaissance Fireworks Inc.
1625 County Highway 10 Suite D
Spring Lake Park Mn 55432
218 - JULY -4TH
City of Columbia Heights,
Renaissance Fireworks Inc would like to request a Special Planning and Zoning meeting for our
two firework tent locations at 4300 Central Ave and Columbia Heights Center 40th and Central.
Thank you,
Krissy Allex
krissyPrenaissancefireworks.com
Cell: 651- 497 -1364