HomeMy WebLinkAbout2014-05-06590 - 40" Avenue NE, Columbia heights, MN 55421 -3878 (763) 706 -3600 Too (763) 706 -3692
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PLANNING AND ZONING COMMISSION
1 i ,.., . TUESDAY, MAY ; 11 1
CITY HALL O. CHAMBERS
590 40TH AVENUE NE
1. (toll Call
Minutes April 1, 2014 meeting
2. Public Hearings:
Case #2014 -0501, Conditional Use Permit
Lawrence Sign (representing Super America), Applicant
5000 Central Ave. NE
Case #2014 -0502, Variance
Grace Lee, Applicant
1121 39t" Ave. NE
3. ®tber Business
4. adjourn
MEMBERS:
Maclaine Szurek, Chair
Rob Pimendino
Chris Little
Tracey Kinney
Grace Lee
The Responsibility of the Planning Commission is tot
• 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.
MINUTES OF
PLANNING AND ZONING COMMISSION
April 1, 2014
7:00 PM
The meeting was called to order at 7:00 pin by Chair Marlaine Szurelc.
Commission Members present- Little, Fiorendino and Szurek
Connnission Members absent — Kinney and Lee
Also present were Joseph Hogeboom (Asst. Community Development Director), Elizabeth IIolmbeck
(Intern), and Gary Peterson (Council Liaison).
Motion by Fiorendino, seconded by Little, to approve the minutes front the meeting of March 4, 2014.
All ayes. MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER: 2014 -0401.
APPLICANT: Iglesia Pentecostal Unida/Enrique Pimentel
LOCATION: 4230 Central Avenue NE
REQUEST: Conditional Use Permit for Religions Facility
Holmbeck told members that Enrique Pirnentel, is representing Iglesia Pentecostal Unida, and they
are seeking a Conditional Use Permit to operate a religious facility at 4230 Central Ave. NE. A
religious facility requires a Conditional Use Permit in the Limited Business District per code Section
9.110 (D) (3) (a). The applicant is requesting to use the existing office space to operate a non -profit
church that provides small group counseling to members of the coirmu pity during religious meetings.
The group consists of around eight people currently, and the applicant said if the group grew to a
larger size, a different location would be appropriate in the future. At the present time the group
meets three times a week on Tuesday evenings, Saturday evenings, and Sunday mornings.
ZONING ORDINANCE
The property located at 4230 Central Ave. NE is located in the Limited Business (LB) Zoning
District. Adjacent properties to the north, south and east zoned General Business (GB) and Limited
Business (LB), and properties to the east are zoned One and Two Family (R -2A) Residential.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. Allowing a religious facility to operate
small group counseling is consistent with the City's Comprehensive Plan.
FINDINGS OF FACT
Section 9.104 (II) 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:
P & Z Minutes
Page 2
April 1, 2014
(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.
Religious Facilities are specifically listed as a Conditional Use in the Limited Business (LB)
Zoning District.
(b) The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates this area for Commercial use. The applicant will be
using the space as a meeting place for counseling, which is a compatible use to commercial.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed use will not result in additional noise, odor or vibration and should not disrupt
neighboring properties.
(d) The use will not substantially diminish the use of property in the inuuediate vicinity.
The use ofproperty in the immediate vicinity will not be diminished by adding a small
religious facility.
(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
religious facility.
(f) The use and property upon which the use is located are adequately served by essential public
facilities and services.
This is correct.
(g) Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on -site circulation of traffic.
The proposed religious facility is not anticipated to create traffic issues. Ifparking becomes
an issue, staff reserves the right to request a transportation plan from the applicant.
(h) The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
There is no anticipated negative caunulative effect associated with the addition of the religious
facility.
(i) The use complies with all other applicable regulations for the district in which it is located.
This is correct.
Staff reeonunends approval of the proposed Conditional Use Permit for a religious facility at 4230
Central Ave NE.
P & Z Minutes
Page 3
April 1, 2014
Public Hearing Opened:
Joyce Thompson, 4240 Van Buren St. NE, stated that she had concern about the type of counseling
services that would occur in the building. Ms. Thompson questioned whether or not the proposed use
would solicit counseling services to homeless people and to "thugs ". Ms. Thompson stated that the
neighborhood has had enough problems with vandalism and crime, and that the approval of the
proposed use would add to the problem. Ms. Thompson worried that the use would become a hang-
out spot for youth, and stated that she would consider constructing an electric fence around her
property if crime increases. Ms. Thompson requested clarification of the proposed hours of
operations.
Mayor Peterson stated that he believed the proposed use would be an asset to the neighborhood, and
that concerns about crime associated with the use are unwarranted.
Richard Walquist, 2409 Silver Ln., St. Anthony, stated that he has owned the subject property since
1962. Mr. Walquist stated that there have been a few problem tenants over the years, but he has dealt
with all of them appropriately. Mr. Walquist believes that Iglesia Pentecostal Unida will be a low -
impact user in the building, and that it will operate during non -peak hours.
Enrique Pimentel, Pastor of Iglesia Pentecostal Unida, stated that the church is a national Christian
organization. The counseling services provided will center on marriage counselling, as well as drug
and crime prevention counseling for youth in the church. Mr. Pimentel stated that the church will
operate on Tuesday and Saturday evenings and Sunday mornings.
Public Hearing Closed.
Motion by Fiorendino, seconded by Little, that the Planning Commission reconin?ends the City
Council approve the Conditional Use Permit for a religious facility located at 4230 Central Avenue
NE subject to certain conditions of approval that have been found to be necessary to protect the
public interest and ensure compliance ?milli the provisions of the Zoning and Development Ordinance,
including:
1. The nature of the use associated with this facility shall be limited to small group gatherings.
2. If membership grolms to 50 or more members, the applicant must contact the Building official to
discuss possible Building Code and Fire Code issues. The Building Official, in coordination with
the Fire Depa•tni.ent, may require structural modifications to the building at that lime.
3. fparking becomes an issue the applicant shall submit a transportationn plat? to staff to address
parking alternatives.
Roll Call:
The following Resolution will go to the City Council at the April 14`x' meeting.
P & Z Minutes
Page 4
April 1, 2014
RESOLUTION NO. 2014-20
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
A RELIGIOUS FACILITY AT 4230 CENTRAL AVENUE NE
WITHIN TIIE CITE' OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2014 -0401) has been submitted by City Staff to the City Council requesting a
conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 4230 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code
Section 9.110 (D), to allow a religious facility to operate in the Limited Business (LB) Zoning District
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April
1", 2014;
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,
properly values, light, air, danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of tine City of Columbia Heights after
reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning
Commission:
1. The use is one of the conditional uses listed for the zoning district in which the property is located, or
is a substantially similar use as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in tine 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 RE, SOLVEID, 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 orve (1) calendar year after the approval
date, subject to petition for renewal of the permit.
P & Z Minutes
Page 5
April 1, 2014
CONDITIONS ATTACHED:
1. The nature of the use associated with this facility shall be limited to small group gatherings.
2. If membership grows to 50 or more members, the applicant must contact the Building Official to
discuss possible Building Code and Fire Code issues. The Building Official, in coordination with
the Fire Department, may require structural modifications to the building at that time.
3. If parking becomes an issue the applicant shall submit a transportation plan to staff to address
parking alternatives.
Passed this 14 °i day of April 2014
NEW PUSINESS
Hogeboom gave members an update regarding the possible Zoning Text Amendment to allow
educational institutions in commercially zoned areas. Hogeboom stated that staff intends to meet with
representatives from the Colu nibia Heights School District in the coming weeks, and plans to bring a
recommendation forward to the Planning and Zoning Commission in May.
Hogeboom informed the Conmlission that Frattallone's Ace Hardware will be going before the City
Council on April 14 to seek approval of an Interim Use Permit to allow temporary outdoor garden
sales. Hogeboom explained that typically Interim Use Permits go before the Planning and Zoning
Conunission for approval; however, Ace Hardware would like to begin sales in late April and
unfortunately missed the April Planning and Zoning Conunission meeting application deadline.
The meeting was adjourned at 7:35 pm.
Respectfully submitted,
Joseph Hogeboom
Acting Recording Secretary
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER:
DATE:
TO:
APPLICANT:
LOCATION:
REQUEST:
PREPARED BY:
BACKGROUND
2014 -0501
April 30, 2014
Columbia Heights Planning Commission
Lawrence Sign
5000 Central Avenue NE
Conditional Use Permit for LED Sign
Elizabeth Holmbeck, Associate Planner
At this time Lawrence Sign, representing Super America is requesting a Conditional Use
Permit per Code Section 9.106 (10) (C) (1) to allow a dynamic Light Emitting Diode
(LED) sign in the GB, General Business Zoning District. A dynamic LED sign would
include any components of a sign that appear to have movement or that appear to
change, caused by a method other than physically removing and replacing the sign or
its components. This also includes any moving, flashing, blinking or animated display
and any display that incorporates LED lights manipulated through digital input, "digital
ink" or any other method or technology that allows the sign face to present a series of
images or displays.
The property located at 5000 Central Avenue NE (Super America) is designated in the
Comprehensive Plan for commercial use and zoned GB, General Business as are the
properties to the north, south, east and west. Dynamic LED signs are permitted in the
General Business District as a Conditional Use. Lawrence Sign is proposing to retrofit
the existing pylon sign by adding LED price displays to the lower portion of the sign. A
rendering of the proposed sign, which includes dimensions, is attached.
DESIGN GUIDELINES
According to the City's Design Guidelines, ground or monument signs are encouraged
rather than pylon signs. Due to the fact that the sign currently on the property is a pylon
sign and the surrounding zoning districts are Commercial, replacing the pylon sign with
an LED pylon sign is compatible, and will not change the overall character of the area.
of Columbia Heights Planning Commission
Lawrence Sign, Conditional Use Permit Case # 2014 -0501
FINDINGS OF FACT (Conditional Use Permit)
ri l 30 "'. 2014
Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in
order for the City Council to grant a Conditional Use Permit. They are as follows:
(a) The use is one of the conditional uses listed for the zoning district in which the
property is located, or is a substantially similar use as determined by the
Zoning Administrator.
Dynamic LED signs are specifically listed as a Conditional Use in the GB, General
Business District.
(b) The use is in harmony with the general purpose and intent of the Comprehensive
Plan.
The Comprehensive Plan designates this area for Commercial Use
(C) The use will not impose hazards or disturbing influences on neighboring
properties.
The proposed use will not result any additional noise and should not disrupt
neighboring properties.
(d)The use will not substantially diminish the use of the property in the immediate
vicinity.
The use of property in the immediate vicinity will not be diminished by the placement
of an LED sign at 5000 Central Avenue NE.
(e) The use will be designed, constructed, operated, and maintained in a manner
that is compatible with the appearance of the existing or intended character of the
surrounding area.
The applicant will have to abide by specific development standards as they relate to
LED signs. These standards will help ensure compatibility with the appearance of
the existing surrounding area.
(f) The use and property upon which the use is located are adequately served by
essential public facilities and services.
This is correct
(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.
Page 2
City of Columbia Heights Planning Commission April 30th, 2014
Lawrence Sign, Conditional Use Permit Case # 2014 -0501
The use of a dynamic LED sign at this location will not affect traffic.
(h) The use will not cause a negative cumulative effect, when considered in
conjunction with the cumulative effect of other uses in the immediate vicinity.
By subjecting the use of a Dynamic LED sign to specific development standards, it is
intended that the use will not cause a negative cumulative effect.
(i) The use complies with all other applicable regulations for the districts in which it
is located.
This is correct.
RECOMMENDATION
Staff recommends approval of the proposed Conditional Use Permit for a dynamic LED
sign located at 5000 Central Avenue NE.
Motion: The Planning Commission recommends that the City Council approve the
Resolution NO. 2014 -31 for a Conditional Use Permit for a proposed dynamic LED sign
for Lawrence Sign representing Super America, located at 5000 Central Avenue NE.,
subject to certain conditions of approval that have been found to be necessary to
protect the public interest and ensure compliance with the provisions of the Zoning and
Development Ordinance, including:
1. The dynamic LED signs may occupy no more than sixty percent (60 %) of the
actual copy and graphic area. The remainder of the sign must not have the
capability to have dynamic LED signs, even if not used. Only one, contiguous
dynamic display area is allowed on a sign face.
2. The images and messages displayed must be static, and the transition from one
state display to another must be instantaneous without any special effects.
Motion, animation and video images are prohibited on dynamic LED sign
displays.
3. The dynamic LED signs must be designed and equipped to freeze the device in
one position if a malfunction shall occur. The displays must also be equipped
with a means to immediately discontinue the display if it malfunctions, and the
sign owner must immediately stop the dynamic display when notified by the city
that it is not complying with the standards of this ordinance.
4. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits
(candelas per square meter) during daylight hours and a maximum illumination of
500 nits (candelas per square meter) between dusk to dawn as measured from
Page 3
City of Columbia Heights Planning Commission April 30`x', 2014
Lawrence Sign, Conditional Use Permit Case # 2014 -0501
the sign's face at maximum brightness. The dynamic LED signs must have an
automatic dimmer control to produce a distinct illumination change from a higher
illumination level to a lower level for the time period between one -half hour before
sunset and one half -hour after sunrise.
Fly = .ii
1 t7 DF2i1� LI 1y4��1►��[I�SIjClSc31
• Location Map
• Sign Drawing
• Applicant's Narrative
Page 4
RESOLUTION NO. 2014 -31
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR AN LED SIGN AT S
WHEREAS, a proposal (Case # 2014 -0501) has been submitted by Lawrence Sign, representing
Super America to the City Council requesting a Conditional Use Permit from the City of
Columbia Heights at the following site:
ADDRESS: 5000 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit
per Code Section 9.110 (D), to allow a dynamic LED sign to be located in the GB,
General Business Zoning District.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on May 6` "2014.
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed conditional use permit upon the health, safety,
and welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in
the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia
Heights after reviewing the proposal, that the City Council accepts and adopts the following
findings of the Planning Commission:
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.
Resolution No. 2014 -31
2
7. Adequate measures have been or will be taken to minimize traffic congestion on the
public streets and to provide for appropriate on -site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction
with the cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is
located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information
shall become part of this permit and approval; and in granting this permit the city and the
applicant agree that this permit shall become null and void if the project has not been completed
within one (1) calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The dynamic LED signs may occupy no more than sixty percent (60 %) of the actual
copy and graphic area. The remainder of the sign must not have the capability to
have dynamic LED signs, even if not used. Only one, contiguous dynamic display
area is allowed on a sign face.
2. The images and messages displayed must be static, and the transition from one state
display to another must be instantaneous without any special effects. Motion,
animation and video images are prohibited on dynamic LED sign displays.
3. The dynamic LED signs must be designed and equipped to freeze the device in one
position if a malfunction shall occur. The displays must also be equipped with a
means to immediately discontinue the display if it malfunctions, and the sign owner
must immediately stop the dynamic display when notified by the city that it is not
complying with the standards of this ordinance.
4. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits
(candelas per square meter) during daylight hours and a maximum illumination of
500 nits (candelas per square meter) between dusk to dawn as measured from the
sign's face at maximum brightness. The dynamic LED signs must have an
automatic dimmer control to produce a distinct illumination change from a higher
illumination level to a lower level for the time period between one -half hour before
sunset and one half-hour after sunrise.
Resolution No. 2014 -31
Passed this 12`x' day of May, 2014.
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Carole J. Blowers
Secretary Pro Tem
A m
An
Columbia Heights, MN
Conditional Use Permit Application
Reason for Request:
Lawrence Sign proposes to retrofit Super America's pole sign on 5000 Central Ave NE with LED price
displays. Electronic price displays are a standard means for promoting business In the motor fuel station
industry, and retrofitting the existing pole sign with an LED display will enable Super America to remain
competitive with local markets. The proposed LED prlcer will conform to all Dynamic Zoning
Requirements of Columbia Heights.
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER
DATE:
TO:
APPLICANT:
LOCATION:
REQUEST:
PREPARED BY:
INTRODUCTION
2014 -0502
April 30, 2014
Columbia Heights Planning Commission
Grace Lee
1121 39th Avenue. NE
Variance
Elizabeth Holmbeck, Associate Planner
At this time Grace Lee, is requesting a Variance for a proposed accessory structure at
1121 39th Avenue NE.
1) Waiver to Section 9.106 (B) (8)- allowing an accessory structure to be located
within 5 feet of the front property line.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for low density residential. Being that the
accessory structure would be for the existing house, the Variance request is consistent
with the types of uses guided for this area.
ZONING ORDINANCE
The property located at 1121 39th Avenue NE is zoned R -2A, one and two Family
Residential as are the properties to the north, south, east and west.
FINDINGS OF FACT (Variances)
Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in
order for the City Council to grant Variances. 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 undue hardship.
City of Columbia Heights Planning Commission April 30 "', 2014
1121 39`hAvenue NE, Variance Case # 2014 -0502
The parcel at 1121 39th Avenue NE is triangular in shape and as such poses
difficulties for the property owner to erect a garage within the allowed
setbacks.
b) The conditions upon which the variances are based are unique to the specific
parcel of land involved and are generally not applicable to other properties
within the same zoning classification.
This is correct. The triangular shape of this parcel is unique and only applies
to a limited amount of properties in the City of Columbia Heights.
c) The difficulty or hardship is caused by the provisions of this article and has
not been created by any person currently having a legal interest in the
property.
This is correct.
d) The granting of the variance is in harmony with the general purpose and
intent of the comprehensive plan.
This is correct.
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.
This is correct.
RECOMMENDATION
Staff recommends approval of the proposed Variance for an accessory structure,
located at 1121 39th Avenue NE.
Motion: The Planning Commission recommends that the City Council approve the
Resolution No. 2014 -32 approving a Variance for an accessory structure located at
1121 39th Avenue NE., subject to certain conditions of approval that have been found to
be necessary to protect the public interest and ensure compliance with the provisions of
the Zoning and Development Ordinance, including:
1) Waiver to Section 9.106 (B) (8)- allowing an accessory structure to be located
within 5 feet of the front property line.
Page 2
City of Columbia Heights Planning Commission April 30th, 2014
1121 39t" Avenue NE, Variance Case # 2014 -0502
ATTACHMENTS
® Draft RESOLUTION NO. 2014 -32
® Applicant's narrative
Site Survey
Page 3
RESOLUTION NO. 2013-32
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR 112139"' Avenue NE
WHEREAS, a proposal (Case # 2014 -0502) 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: 1121 39 "' Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: allowing an accessory structure to
be located within 5 feet of the front property line per Code Section 9.106 (B) (8).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on May 6 "', 2014;
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.
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.
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. 2014 -32
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.
Passed this 12th day of May, 2014.
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Carole J. Blowers
Secretary Pro Tem
To: City of Columbia Heights Planning and Zoning Commission
From: Home owner, Grace Lee
Date: April 7, 2014
RE: Variance Application for 1121 39`x' Ave NE
I am applying for a Variance Application to build a standard two car garage on an existing parking pad at
11213 91h Ave NE. Please note that the single family home was originally built without a garage. Also,
because the lot is irregularly shaped (triangular), the set -back requirements are rather tight. One
contractor has said that in order to meet the set -back requirements, we would have to cut down a very
large tree.
Thank you,
C/� rac` Lee �p
Grace Lee �`—'�
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