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2015-05-05 P&Z
Columbia ®Heights Planning and Zoning Commission Meeting Tuesday, May 5`h, 2015 7 pm Columbia Heights City Hall 59040`h Avenue NE Columbia Heights, MN 55421 1. Introduction and swearing in of newly appointed Planning Commission Members a. Connie Buesgens b. Stan Hoium 2. Roll Call a. Approval of March 3'd, 2015 Meeting Minutes 3. Public Hearings a. Case # 2015 -0501, Site Plan Approval 3939 Central Avenue NE. HGA Architects and Engineers, Applicant b. Case # 2015 -0502, Variance Request 3828 Quincy Street NE. Jerold Lemire, Applicant c. Case # 2015 -0503, Minor Subdivision Request 141743 rd Avenue NE. Eric Simonson, Applicant 4. Other Business 5. Adjourn DRAFT MINUTES OF PLANNING AND ZONING COMMISSION MARCH 3, 2015 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Fiorendino, Kinney, Lee, and Szurek. Also present were Loren Wickham (Asst. Community Development Director), Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Fiorendino, seconded by Little, to approve the minutes from the meeting of December Z 2014. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2015 -0301 APPLICANT: Frattalone's Hardware LOCATION: 4340 Central Ave NE REQUEST: Conditional Use Permit Holmbeck told members that Leslie Delisi, representing Frattallone's Ace Hardware, is seeking a Conditional Use Permit (CUP) that would allow outdoor garden sales in the parking lot of the Columbia Heights Value Center (4340 Central Avenue NE). The Columbia Heights Ace Hardware store applied for an Interim Use Permit (temporary) to operate its first outdoor garden sale last spring. This year the store is applying for a CUP, which will run with the property and allow for outdoor sales throughout the year, without the need to apply in the fixture. Outdoor Sales requires a Conditional Use Permit per code Section 9.110 (E) (3) (i). ZONING ORDINANCE The property located at 4340 Central Ave. NE is located in the GB, General Business Zoning District. Adjacent properties to the north and south are zoned LB, Limited Business and R -2A, One and Two Family Residential. The properties to the east are zoned GB, General Business and the properties to the west are zoned R -2A, One and Two Family Residential. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Allowing seasonal outdoor sales is consistent with the City's Comprehensive Plan. Planning & Zoning Minutes Page 2 March 3, 2015 FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Outdoor Sales or display is specifically listed as a Conditional Use in the General Business (GB) 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 existing parking lot to operate seasonal outdoor sales, which is a compatible use to the existing commercial uses in the Valu Center Mall. (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 immediate vicinity. The use ofproperty in the immediate vicinity will not be diminished by adding seasonal outdoor sales. (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. This is correct. (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 outdoor sales display area is not anticipated to create traffic issues. At this time the parking lot has ample space available to accommodate the outdoor seasonal display area and provide plenty of parking for customers. 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 cumulative effect associated with the addition of the outdoor sales display area. Planning & Zoning Minutes Page 3 March 3, 2015 (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 Conditional Use Permit for Seasonal Outdoor Seasonal Sales at 4340 Central Ave NE. Questions /comments from members: Fiorendino asked if it was going to be the same size and location of the Linder's tent. Holmbeck said it would be the same size and location of the tent they had last year in front of their store. Kinney stated that the site plan should have indicated those two items. She doesn't feel comfortable approving the CUP without the information as this is a permanent approval that stays with the property. Szurek suggested that Ace Hardwarexrovide this information on the Site Plan prior to the City Council consideration at the March 9 meeting. Public Hearing was Opened. No one was present to speak on this. Public Hearing Closed. Motion by Kinney, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the Conditional Use Permit for Seasonal Outdoor Sales located at 4340 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 nature of the use associated with this facility shall be limited to seasonal sales. 2. Outdoor agricultural /produce sales located within the public right -of -way are prohibited. 3. Outdoor storage and display under the canopy along the building storefront is prohibited. 4. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 5. Music or amplified sounds shall not be audible from adjacent residential properties. 6 Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty - two (32) square feet per sign. Planning & Zoning Minutes Page 4 March 3, 2015 7. The outdoor storage shall be located as indicated on the site plan and the size shall be provided. 8. Ifparking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. All ayes. MOTIONPASSED. The following Resolution will go to the Council March 9h. RESOLUTION NO. 2015- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SEASONAL OUTDOOR SALES AT FRATTALLONE'S ACE HARDWARE -4340 CENTRAL AVE. NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2015 -0301) has been submitted by Leslie DeLisi, representing Frattallone's Ace Hardware to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4340 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for seasonal outdoor sales. WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on March P, 2015; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and 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: 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. Planning & Zoning Minutes Page 5 March 3, 2015 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 (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The nature of the use associated with this facility shall be limited to seasonal sales. 2. Outdoor agricultural /produce sales located within the public right -of -way are prohibited. 3. Outdoor storage and display under the canopy along the building storefront is prohibited. 4. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 5. Music or amplified sounds shall not be audible from adjacent residential properties. 6 Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty -two (32) square feet per sign. 7. The outdoor storage shall be located as indicated on the site plan and the size provided. 8. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. Passed this 9`" day of March 2015 Offered by: Kinney Seconded by: Fiorendino Roll Call: All ayes Planning & Zoning Minutes Page 6 March 3, 2015 CASE NUMBER: 2015 -0302 APPLICANT: First Lutheran Church LOCATION: 1555 40th Avenue NE. REQUEST: Conditional Use Permit Holmbeck explained that Julie Johnson, representing First Lutheran Church, is seeking to amend the property's Conditional Use Permit (CUP) to increase the number of rooms used for the Charter School (Prodeo Academy). The Church previously applied for a CUP in May of 2013, and was granted approval. Since then the school has been in operation at the property located at 1555 40th Avenue NE. As part of the first CUP'S approval, a condition was put on the permit that the total classrooms used by the school would not exceed 10. Currently the school is growing and in need of more classrooms for the current number of students enrolled. The applicant feels that there is an adequate amount of space at the church to allow the charter school to operate in 18 classrooms. The church will continue their operations as usual. A School, Public or Private, K -12 requires a Conditional Use Permit per code Section 9.109 (E) (3) (c). ZONING ORDINANCE The property located at 1555 40`h Ave. 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 in Residential Districts. 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. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Schools, public or private, K -12 are specifically listed as a Conditional Use in the R -1, Single Family District. Planning & Zoning Minutes Page 7 March 3, 2015 (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for 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 Comprehensive 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 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. (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 original use of the subject site was for a school, at which time the parking lot was built appropriately. (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. Planning & Zoning Minutes Page 8 March 3, 2015 Holmbeck stated that she had received one e-mail from a neighboring resident that complained about the drop off and pick up location that the buses use. Since the teachers and staff park along 41" Avenue and the buses pick up and drop off students along 41" Avenue, this negatively impacts traffic and the ability for residents to park near their own homes. Holmbeck passed out a copy of the e-mail to the members. She then told members that the Church is aware of this complaint and will try to remedy the situation. Staff recommends approval of the proposed Conditional Use Permit for a school at 1555 401" Ave NE. Ouestions /comments from members: Kinney asked if the request meets all the other code requirements. Holmbeck stated it did. Kinney then asked what the new classrooms would be used for. Holmbeck told her they are expanding to accommodate the addition of 2 "d and 3`d grade class space. Fiorendino asked if there was adequate parking if the expansion is approved. Holmbeck stated the property has a large parking lot already so that is not an issue. He then asked if they are legally allowed to park along 41't Avenue and to also use 41St Avenue as a pick up and drop off center for buses. Holmbeck stated it was allowed. Fiorendino thought it would be a better idea to do this in the parking lot on the south side of the building. Public Hearing was Opened. Kurt & Renee Meyer of 1629 4151 Avenue live just north of the Church. They are not opposed to the expansion of the school, however, they do think the school should be using the parking lot on site so that the neighborhood is not disrupted. Mrs. Meyer is starting a home day care business and because the teachers /staff park along 415` Avenue in front of her home, and the buses also park along 41St Avenue, this prohibits anyone from accessing her property from the street. Rick Campion, Executive Director of the School, admitted that staff is parking along 4151 Avenue and a few of them on Tyler Street. He stated that the buses are only on 4151 Avenue for a short time in the mornings and may be there slightly longer for the afternoon pick up. As the discussion progressed the members were told that the classrooms are closest to the entrance along 4151 Avenue and it is the most direct route for the students to use. If they move the bussing area to the parking lot the students would have to be directed through the inside of the building. Since school personnel is limited in the mornings, 41" Avenue was the best option for them. Mr. Campion suggested that buses be allowed to continue their drop off in the mornings on 41" Avenue and then use the parking lot for pick up in the afternoon, and that he will notify all staff to park in the parking lot. Planning & Zoning Commission Minutes Page 9 March 3, 2015 All the Commission members concurred that the entire school staff should be parking in the parking lot and wanted that added as a condition of the approval. Then the discussion continued as to where the bus pick up and drop off should be. Szurek asked if the school had considered using Tyler Street for the bus area. She said that is where the buses used to line up when it was Silverwood School. Campion said that could work but that students would have to use the entrance on the NW corner of the site, which would require them to walk along the sidewalk about 50 -70 feet instead of 20 feet as they do now. The members didn't feel that was out of line or a safety issue as they would be on the sidewalk leading to the entrance. Little said an easy solution would be to use the parking lot for all school parking and bussing. This would be the safest for the children and would alleviate any neighborhood traffic issues. Kinney stated she wouldn't approve this without a solution to deal with the traffic issues as determined by Public Works. Holmbeck said that the Public Works Director had already reviewed this case and had no comments regarding traffic /parking changes. Szurek told members that the Planning & Zoning Commission can recommend a solution to the City Council as a condition for approval of this request so they can make the final decision. Based on that the following recommendation was made: 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 4e 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 City reserves the right to require the applicant to submit a transportation plan if traffac issues arise in the future. 2. All bus drop -offs in the morning will occur on Tyler Street. 3. All bus pick -ups in the afternoon will occur in the parking lot. 4. All school staff will park in the parking lot. Roll Calla All ayes. MOTION PASSED. Planning & Zoning Minutes Page 9 March 3, 2015 RESOLUTION NO. 2015- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL AT FIRST LUTHERAN CHURCH -1555 401" AVENUE NE WHEREAS, a proposal (Case #2015 -0302) has been submitted by Julie Johnson, representing First Lutheran Church to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 1555 40th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for Charter School. WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on March 3`", 2015; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and 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: 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 (1) calendar pear after the approval date, subject to petition for renewal of the permit. Planning & Zoning Minutes Page 10 March 3, 2015 CONDITIONS ATTACHED: 1. The City reserves the right to require the applicant to submit a transportation plan if traffic issues arise in the future. 2. All bus drop -offs in the morning will occur on Tyler Street. 3. All bus pick -ups in the afternoon will occur in the parking lot. 4. All school staff will park in the parking lot. Passed this 90' day of March 2015 Offered by: Seconded by: Roll Call: Other New Business A. League of MN Cities Land Use Training Holmbeck reminded members to take the on -line course if they haven't already done so. B. Update on Blockbuster Redevelopment Site Holmbeck told members that Noodles & Co. and Chipotle have both committed to adding a store at this site. There are a couple more tentative businesses that are still in the negotiations stage. Chipotle will be in the new stand -alone building and will not have a drive -thru isle as originally proposed. C. Sarna's Sign After the last meeting, staff contacted Mr. Sama and explained that several complaints had been received regarding their illuminating signage. Mr. Sarna was very cooperative and immediately made adjustments to the brightness of the sign and contacted staff to ensure it was now within an acceptable range. D. Connie Buesgens- Discuss Concept for use of Central Valu Center Holmbeck told members that Ms. Buesgens wanted to share a possible use of the mostly vacant mall with members based on a similar one that was redeveloped near the west coast. She was unable to attend the meeting at the last minute, but any information received will be forwarded to the members. Planning & Zoning Commission Minutes Page 12 March 3, 2015 E. Resignation of Commission Members Christ Little told members that he is resigning his position on the commission as he will be moving out of the City in April. And Tracey Kinney told members that she is not renewing her position and her term expires in April also. So we have two vacant positions to be filled. There are no cases for an April meeting so the next meeting should be Tuesday, May 5, 2015. The meeting was adjourned at 7:55 pm. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2015 -0501 DATE: April 29, 2015 TO: Columbia Heights Planning Commission APPLICANT: HGA Architects and Engineers DEVELOPMENT: New Municipal Library LOCATION: 3939 Central Avenue NE REQUEST: Site Plan Approval PREPARED BY: Elizabeth Holmbeck, Associate Planner INTRODUCTION HGA Architects and Engineers, on behalf of the City of Columbia Heights, have requested Site Plan Approval for the property located at 3939 Central Ave. NE. The City is proposing to construct a new municipal library facility on the property. Financing consideration for the construction of the library was approved by Columbia Heights residents through referendum in the 2014 general election. In the mid- 2000's, the Columbia Heights Economic Development Authority (EDA) acquired the north parcel of the subject site, which contained a former Burger King restaurant. The buildinE was subsequently demolished. In the early 2010's, the EDA acquired the south parcel of the site, which contained a retail building that most recently housed a Salvation Army store and Mady's Bowling Alley. Demolition of that structure concluded in 2014. In early 2015, the City hired HGA Architects as the project architect and civil engineer through a competitive process. HGA staff, city staff, and a citizen planners group entitled the Library Design Task Force (LDTF) have been working since January to create plans for the new one - story, 22,600 square foot building. HGA prepared a narrative of the project, which details the various components of the building. ZONING ORDINANCE The property located at 3939 Central Ave. NE is located in the Central Business (CB) Zoning District. The properties to the north, south and west are located in the Central Business (CB) City of Columbia Heights Planning Commission May 5, 2015 New Municipal Library— Site Plan Review Case # 2015 -0501 Zoning District and the properties to the east are located in R -3 Multiple Family Residential Zoning District. A library is an appropriate use in the Central Business District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. The proposed Library is consistent with the City's Comprehensive Plan. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Central Avenue" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40th Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. The following standards are specific design requirements for the Central Business District: 1. Building Placement Buildings in the Central Business District are to have well defined front facades with a primary entrance that faces the street. The proposal achieves this requirement by creating a prominent front facade along Central Ave, occupying 60 percent of the property frontage. Primary Facades and Roof Buildings in the Central Business District should have a well- defined base, middle and top on the front facing fa4ade. This can be achieved by change in building materials, window size, etc. Although the proposed building is only one floor, the building is broken up by different colored siding materials, as well as prominent windows and doors which face Central Avenue. Roofs in the Central Business District are to be flat, and articulated with detailed cornices or parapets. The proposed building will have a flat roof. Building Width and Facade Articulation If a building in the Central Business District exceeds 40 feet in width, it must be articulated into smaller increments. The proposed building achieves this requirement by interchanging building material types, and by the use of windows and doors. 4. Building Height All buildings in the Central Business District must have a minimum cornice height of 22 feet. The proposed building will achieve this requirement for the majority of the building. However, the south elevation will be 20 feet, due to over 6 feet of grade changes in the slope of the land parallel to Central Avenue. Page 2 City of Columbia Heights Planning Commission May 5, 2015 New Municipal Library- Site Plan Review Case # 2015 -0501 Window and Door Openings In the Central Business District, window and door openings must comprise at least 30 percent of the area of the ground floor of the primary street fa4ade. Approximately 75 percent of the proposed building's front facing fa4ade is comprised of windows and doors. 6. Building Materials and Colors Buildings in the Central Business District are encouraged to have facades with neutral or muted colors. The proposed building will be sided with earth tone - colored materials, thereby achieving this requirement. The building fagade consists of brick as a primary material type. As we have consistently done in new public buildings and artwork, limestone will also be integrated into the fa4ade as an identity for public buildings. As a contrast, darker colored aluminum panels will be placed vertically between the windows on the Central Avenue fa4ade. The primary exterior wall will be an Ambassador Brick (16" x 2 YV x 4 ") or Norman (12" x 2 %" x 4 ") on a steel stud back -up wall. A secondary wall system of metal panels with steel stud back -up wall will occur in certain areas. The metal panel may have a pattern and texture to add visual interest to the simple repetitive forms of the exterior of the building. 7. Signage Signage will be addressed when the applicant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. SITE PLAN 1. Parking The proposed plan identifies 53 parking stalls for the new Library. Staff believes this number is adequate, and meets minimum zoning requirements. Depending on future development of adjacent sites, additional parking could be added in the future. 2. Access Access to the site will be provided via a "right -in, right -out' access point along Trunk Highway 65, south of the proposed building. Full site access will be provided on 39th Avenue, east of Heights Rental. Minnesota Department of Transportation (MnDOT) regulations prevent the creation of a left turn lane into the site from southbound Trunk Highway 65. 3. Landscape Landscaping materials are shown on the attached Site Plan. Trees will be incorporated throughout the property and a vegetative drainage feature will be installed on the north Page 3 City of Columbia Heights Planning Commission May 5, 2015 New Municipal Library- Site Plan Review Case # 2015 -0501 side of the site. The City is working in coordination with the Mississippi Watershed Management Organization (MWMO) to achieve environmental best management practices on the site. 4. Building Layout To reinforce the pedestrian- oriented downtown, the longer length of the building extends along Central Ave with an entry on Central into the lobby. A second entry into the lobby is accessed from the parking (east) side. From the lobby, there will be a single controlled entry north into the library. The community meeting room is also accessible from the lobby on the south side and the overall entrance arrangement allows the meeting room to be used during the off hours of the library. The main group of public restrooms will also be located in the lobby to provide access during all hours that the facility is in use. The exterior east and west walls of the lobby and library are positioned under the roof line of the building resulting in cover over the entries. In this way, the roof plane acts as a major visual and spatial design element for the project. Spanning overhead like a horizontal plane, the roof "welcomes" people into the building by providing cover and a sense of the indoor /outdoor connection at the transition; and it shades west and east - facing windows to control glare and heat gain in the summer. Also, by extending the west wall under the roof line at the entry, additional space between the front door and the street provides a buffer from busy traffic, and room to stand /sit outside. The act of entering the building becomes an important part of the experience of the library. FINDINGS OF FACT 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. The Zoning Code requirements are achieved. 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 plan for the property 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. Page 4 City of Columbia Heights Planning Commission May 5 2015 New Municipal Library- Site Plan Review Case # 2015 -0501 d. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The proposed plan for the new municipal library building meets all the minimum setback requirements and all Design Guideline requirements. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. RECOMMENDATION Move to waive the reading of Resolution No. 2015 -PZ01, there being ample copies available to the public. Move to adopt Resolution No. 2015 -PZ01, being a resolution approving the site plan for the new municipal library to be located at 3939 Central Avenue NE., subject to the following conditions: 1. The property line that separated the former Burger King and Mady's Bowl properties must be removed prior to the issuance of the Certificate of Occupancy. ATTACHMENTS • Resolution No. 2015 -PZOI • Location Map • Application • Applicant's Narrative • Site Plans Page 5 RESOLUTION NO.2015 -PZ01 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF THE NEW MUNICIPAL LIBRARY LOCATED AT 3939 CENTRAL AVENUE NE. WHEREAS, a proposal (Case #2015 -0501) has been submitted by HGA Architects and Engineers on behalf of the City of Columbia Heights, to the Planning and Zoning Commission requesting site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3939 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 municipal library to be located at 3939 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May 5, 2015; 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 ofuses, 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 ofthe City of Columbia Heights after reviewing the proposal 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 site plan and approval; and in granting this site plan the city and the applicant agree that this site plan approval 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. 2015 -PZ01 CONDITIONS ATTACHED: 1. The property line that separated the former Burger King and Mady's Bowl properties must be removed prior to the issuance of the Certificate of Occupancy. Passed this 5`s day of May, 2015 Offered by: Seconded by: Roll Call: Ayes: Nays: Marlaine Szurek, Chair Attest: Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS SITE PLAN REVIEW APPLICATION To be filled out by City: CASE NO.: DATE RECEIVED: APPLICABLE ORDINANCE NO.: 9.104 (M) DATE OF LETTER OF COMPLETION: PRESENT ZONING: APPROVAL DATE PER STATUTE: PRESENT LAND USE PLAN DESIGNATION: REVIEW PERIOD EXTENDED: To be filled out by Applicant PROPOSED NAME OF DEVELOPMENT: PROJECT ADDRESS /LOCATION: 3`t39 Ave . Co�Ltiw%J�a {'�nYCS LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): PRESENT USE OF PROPERTY: Q1�%n (.p r PROPOSED USE OF PROPERTY: G REASON FOR REQUEST (please attach a written narrative describing your proposal, the intended use of the property, and justification for your request.) pak� Neu� s, �!n 4-b�+�s - APPLICANT A Afc.�'kfr-c�S &C-v � PHONE FAX (oL2, -jSa.4kjq 9h00ksQllw-Corvt nectar E -MAIL pp,ekllnaus ®h9a.cow� PAGER CELL #Cnl2�Zi2,c 'S0� ADDRESS If z-O St� St- N I &C {! Inc) CITY (V1 ivti�� I. S STATE 5 (Vl� ZIIP SsLf b FEE OWNER OF PROPERTY �C i r� OT �p�U ltvblDl� �'e 645 /�,' ADDRESS 5`I0 �r-� {k1e N-E PHONE 763.T(0.3600FAX X63 7ofo.3�b CITY 60(LLm 6 \� a2l�lni�S STATE MN ZIP S5! 1 Z Page 1 of 2 CITY OF COLUMBIA HEIGHTS SITE PLAN REVIEW APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY SITE PLAN APPLICATION A. Site Plan submittals as required in the attached application checklist, showing what is proposed for the property. APPLICATION FEES: A. $250.00 Site Plan Review Fee CITY RECEIPT NUMBER TOTAL AMOUNT RECEIVED DATE RECEIVED Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: ' 4,4.15_ APPLIP, ANT SIGNATURE DATE DA i1 iTE COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE Revised 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 Columbia Heights Public Library - Site Plan Review Narrative 4/23/2015 The new Columbia Heights Public Library will be a one -story building situated on Central Avenue in the Central Business District (CBD) of Columbia Heights, Minnesota, approximately 5 miles north of downtown Minneapolis, between 39th Avenue and Gould Avenue. This stretch of the city is characterized in the City's planning standards as pedestrian friendly with buildings fronting the street at the back side of the sidewalks, and buildings occupying at least 60% of the property frontage. Two drive entries — one on Central, south of the library, and one on 39th Ave will lead to parking on the east side of the library away from Central Avenue. To reinforce the pedestrian- oriented downtown, the longer length of the building extends along Central Ave with an entry on Central into the Lobby. A second entry into the Lobby is accessed from the parking (east) side. From the Lobby, there will be a single controlled entry north into the library. The Community Meeting Room is also accessible from the Lobby on the south side and the overall entrance arrangement allows the Meeting Room to be used during the off hours of the library. The main group of public restrooms will also be located in the Lobby to provide access during all hours that the facility is in use. The exterior east and west walls of the Lobby and library are positioned under the roof line of the building resulting in cover over the entries. In this way, the roof plane acts as a major visual and spatial design element for the project. Spanning overhead like a horizontal plane, the roof "welcomes" people into the building by providing cover and a sense of the indoor /outdoor connection at the transition; and it shades west and east - facing windows to control glare and heat gain in the summer. Also, by extending the west wall under the roof line at the entry, additional space between the front door and the street provides a buffer from busy traffic, and room to stand /sit outside. A drive -up book drop is located on the east side of the Staff Work Room, adjacent to the parking lot with a dedicated one -way lane. The landscape design supports the pedestrian- oriented city center concept both on Central Ave and on the east parking side. Planted areas serve different purposes at the library: they create amenities for programming; they serve as buffers to car traffic and neighboring properties; they soften the building's solidly paved west side; they shade paved asphalt surfaces to mitigate summer heat island effects; they help collect and retain rain water; and, they create viewable landscapes. Paved and planted areas work together to safely direct car and pedestrian pathways through the site while heightening the experience of being at the library. Trees, shrubs and ground -cover such as grass will define areas as either usable or viewable. The library site plan is configured to support future development on property south of the site and the open area east of the site. Site preparation will include remediation of environmental conditions. Storm water best management practices consistent with the goals of the Mississippi Watershed Management Organization will be used to improve quality and reduce peak discharge rates. Thanks! Kenny Homs HGA Architects and Engineers 4. V& n re ;"1 4-7 '! — -<'M 47 tiw Z ...Wlo S V F— x LLJ F- LLJ F-- Ad, f it _ o. ¢ V J m i ooe,noococ000c %, w; G o- EJ� co j w 3nN3AVIV81N33 �o W � 0 w z f> Q M a W H N �t w- `gs �E o� UN F 3 r� w` w CB w m w ❑®❑❑❑ f it _ o. ¢ V J m i ooe,noococ000c %, w; G o- EJ� co j w 3nN3AVIV81N33 �o W � 0 w z f> Q M a W H N �t w- `gs �E o� UN F `/ 4. O _ ;, i O w • 4 e - ® CVO — 0 E-- I k 1, 3 DANDAVIV61NIO A® 14s z 4 J a 0 0 J LL g a fi 3 � 3 0 gog � Q W I •� ❑■❑®❑ I `/ 4. 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ECx LLn IR y_ Ilf.t I _ 9UB_ROCM1_ A N P COLUMBIA HEIGHTS LIBRARY ]9]BCENIMLRVEMIE CDLUIBIA NEIGHS IN LHt1 HGA Iq mw MiNI-0D EXTERIOR ELEVATIONS A400 N NC X826 ,J ELEVATIONS .m AMLMMS N .IMGRMM I A401 I. COLUMBIA HEIGHTS LIBRARY li Ti I CDWNINMIGMN$MI S�SeDEI *.�.eeen. nt rse eaoo IT ,ma i HIa 19Ap 0{ lea sna �p 6AIIDC.T�HNRLL C DCPExwc M1N LETU f/S1NG Gaaocuaax clEw y n.xocPElnxcvnTx _ uEruaPwc clEnESnm XMi1PA9a4i PfiWEC ,M. NM ,H.IPAMV tID'B' vxoEC oflulE ___ _____ ___ _ _�_ _ &O LECNXY31 pD]Fa LOOM PN_URi YIIS.P __ —_ _ —_- _ _a0. LECNHIDHRN�F LON Pa_UIYT 4 _ fIY,Ip.p 9 -Y7 ry _____ _ __ _____ _ &O�l¢V RCQF 11f PY 4 I,l f• E. FMEPAIR FENF ATF a � � — GaaocLRTamwu A__FH�F➢FLOCR _ _ _ _ _ _ � _ _ _ _ � _ _ _%119ft0.�Yt A. N NC X826 ,J ELEVATIONS .m AMLMMS N .IMGRMM A401 COLUMBIA HEIGHTS LIBRARY li Ti CDWNINMIGMN$MI S�SeDEI IT ,ma i II 19Ap 0{ ]p,p 6AIIDC.T�HNRLL C DCPExwc M1N LETU f/S1NG T _ _ _ _ _ _ PfiWEC ,M. ,H.IPAMV tID'B' ___ _____ ___ _ _�_ _ &O LECNXY31 pD]Fa LOOM PN_URi YIIS.P 4 _ fIY,Ip.p _____ _ __ BO CECNL_IXVflCO�F I,l f• E. FENF ATF a F q C Dp NINGWi 4AOhCTEO FNI.ff �FOfL� _ _ _ _ _ _ _ _ _ _ _ _ELBN➢JIt NG N NC X826 ,J ELEVATIONS .m AMLMMS N .IMGRMM A401 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2015 -0502 DATE: April 28, 2015 TO: Columbia Heights Planning Commission APPLICANT: Jerold Lemire LOCATION: 3828 Quincy Street NE. REQUEST: Variance request PREPARED BY: Elizabeth Holmbeck, Associate Planner INTRODUCTION At this time Jerold Lemire, is requesting a Variance for a proposed accessory structure (garage), and addition to the principal structure (house) at 3828 Quincy Street NE. 1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be located next to a principal structure. City Code states that accessory structures must be located behind the principal structure. 2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located within 4 feet of the side property line. City Code states that the side yard setback for the property is 5 feet. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for low density residential. Being that the proposed accessory structure and addition would be for the existing house on the property, the Variance request is consistent with the types of uses guided for this area. ZONING ORDINANCE The property located at 3828 Quincy Street NE is zoned R -3 Multiple Family Residential, as are the properties to the north, south and east. The properties to the west are located in the 1 -1 Industrial District. 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: City of Columbia Heights Planning Commission April 28, 2015 3828 Quincy Street NE, Variance Case # 2015 -0502 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. The parcel at 3828 Quincy Street NE. does not have alley way access and as such poses difficulties for the property owner to erect a garage behind the principal building. Building an attached garage would be costly for the homeowner. The homeowner wishes to build the addition along the same building line as the existing structure for aesthetic reasons. 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. 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 Variance for an accessory structure, and addition to the primary structure to be located at 3828 Quincy Street NE. Motion: Move to close the public hearing and waive the reading of Resolution 2015 -32, there being ample copies available to the public. Motion: The Planning Commission recommends that the City Council approve the Resolution No. 2015 -32 approving Variances for the property located at 3828 Quincy Street NE., Page 2 City of Columbia Heights Planning Commission April 28, 2015 3828 Quincy Street NE, Variance Case # 2015 -0502 1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be located next to a principal structure. 2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located within 4 feet of the side property line. ATTACHMENTS • Draft RESOLUTION NO. 2015 -32 Application • Applicant's Narrative • Location Map • Site Plan Page 3 RESOLUTION NO. 2015-32 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR 3828 QUINCY STREET NE. WHEREAS, a proposal (Case # 2015 -0502) has been submitted by Jerold Lemire to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3828 Quincy Street NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be located next to a principal structure. 2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located within 4 feet of the side property line. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May 5, 2015; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Passed this 11 th day of May, 2015. Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Katie Bruno, City Clerk CITY OF COLUMBIA HEIGHTS VARIANCE APPLICATION To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104 (G) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION: DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: PROJECT ADDRESS /LOCATION: _,= �? C�z ci� v SCRIPTIOq OF PROPERTY INVOLVED (attach separate page if V, PRESENT USE OF PROPERTY: K e 5 P , V, -,a I r C5:) ,v&e S(Eo PROPOSED USE OF PROPERTY: 1\ �(' ( eS; ( gcv1�� �° \ REASON FOR REQUEST (Please attach a written narrative describing the variance being requested. The narrative should fully explain the hardship(s) that justifies variation from the strict application of the Code. The terms "hardship" or "undue hardship" typically refer to physical characteristics of the property, such as shape, soil conditions, or topography. Neither mere inconvenience, nor reduction in value alone, is sufficient to justify a variance. The inability to put property to its highest and best use is not considered a hardship or practical difficulty. The problem that justifies the variance must be caused by conditions unique to the property and beyond the control of the applicant. The applicant cannot create the condition that requires the variance.) APPLICANT - .Ir: +a d P ✓� i !`C' PHONE �:X 1 �j / q6� t 2:6 2 E -MAIL PAGER ADDRESS 6_, CITY c I, 1`� s STATE FEE OWNER OF PROPERTY ADDRESS CITY PHONE STATE Page 1 of 2 CELL # A) ZIP e=� 5-L- -p t FAX ZIP CITY OF COLUMBIA HEIGHTS VARIANCE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY VARIANCE APPLICATION A. Submittals as required in the attached application checklist, describing the variance(s) proposed. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200 Variance Fee CITY RECEIPT NUMBER TOTAL AMOUNT RECEIVED DATE RECEIVED 2DO .00 Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein me�tioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Mi nesota: APPLICANT PROPERTY OWNER SIGNATURE (If different from Applicant) DATE 1 /7 //s =NT STAFF MEMBER AND TITLE DA Revised 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 1) There are two projects here that would need approval. One, the house is only 4 feet from the northern property line. On my last addition I did not need council approval to add on but have been told we might this time. Second, the garage would need to be partially alongside the house and not behind it as per ordinance. Both proposals would need to be approved for us to make this all happen. 2) As has been brought to the attention of this council before, Invest Cast Company is very noisy. Locating the garage as diagrammed would do much to mitigate that noise. By reflecting the noise back into the industrial area to the west it would shield not only our home but also our neighbors at 3818 Quincy and those across the street. 3) We have considered other ideas for expanding but think the best utilization of our lot and particularly, for architectural and aesthetic reasons, the plan as diagramed is the best fit for our needs while keeping in mind that we are not the only ones who live in this city. 4) When I added on to this house 7 years ago I had never been married and didn't think it would ever happen. So I built myself a nice one bedroom home out of what had been a crack/meth house. Had I known that I would meet the love of my life I would have made other arrangements then. But now, together, we would like to stay here and add a second bedroom for occasional guests. c"�`tQN 3828 Quincy Stre 3856 3850 3842 Q o � 3818 cn n o CN 00 cn ti cn 38TH A VE NE AcialPhnm Fl— 9pnngel:Ui6 et NE. W z U z O 39TH AVE 3857 NE 3856 3851 3850 3847 3848 3840 3837 3836 3833 3832 3828 3829 3824 3820 3819 3816 3813 3812 3810 3805 3806 3801 3800 3731 3730 3727 3726 3790 W z ti z O h Y U Q 3901 a *& Pi 3845 3841 3837 3835 W-Ur "R 3821 3815 3809 3805 3801Scaie i 3725 177-k VN `9 /e l l 7 I i i i i f n. t -�3 4J Wn V 0 e, ,5 -vi *�, � 1OL9 0 n 4 �E 0 e d V J 71 001 LIAM CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2015 -0503 DATE: April 29, 2015 TO: Columbia Heights Planning Commission APPLICANT: Eric Simonson LOCATION: 1417 43`d Avenue NE. REQUEST: Minor Subdivision PREPARED BY: Elizabeth Holmbeck, Associate Planner INTRODUCTION At this time, Eric Simonson is requesting a Minor Subdivision per City Code Section 9.104 (K), for the property located at 1417 43`d Avenue NE. The applicant wishes to split the existing lot into two single family residential lots. There are currently two attached condos existing on the lot. The condos are separated by two, one -hour rated assemblies (fire wall). Both the City Building Official and the City Fire Chief have reviewed the application for Minor Subdivision and added a condition of approval, that the fire wall must be maintained in the present state. The applicant wishes to split the lot and change the property description. The applicant prepared a narrative (attached) detailing the reason for this request. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for residential use, which is proposed for this site. ZONING ORDINANCE The property is zoned R -2A, one and two- family residential as are the properties to the north and west. The properties to the east and south are zoned R -1, single family residential. FINDINGS OF FACT (Minor Subdivision) Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: 1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in two lots. City of Columbia Heights Planning Commission May 5, 2015 Eric Simonson, Minor Subdivision /Lot Split Case # 2015 -0503 2. The proposed subdivision of land does not involve the vacation of existing easements. No vacation of existing easements will occur as a result of the minor subdivision. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The lots will conform to the lot width and lot area requirements 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. This is correct. 5. The property has not previously been divided through the minor subdivision provisions of this article. This is correct. 6. The proposed subdivision does not hinder the conveyance of land. This is correct. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is correct. 8. The proposed subdivision meets all of the design standards specified in Section 9.114. This is correct. RECOMMENDATION Staff recommends that the Planning and Zoning Commission approve the proposed minor subdivision for the property located at 1417 43rd Avenue NE. Motion: Move to wave the reading of Resolution NO. 2015 -34, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the minor subdivision of the property located at 1417 43rd Avenue NE., subject to certain conditions of approval that have been found to be necessary to protect the Page 2 City of Columbia Heights Planning Commission May 5, 2015 Eric Simonson, Minor Subdivision /Lot Split Case # 2015 -0503 public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The applicant shall be responsible for filing the approved subdivision survey and driveway easement with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. 2. The fire separation walls must be maintained in the present state. ATTACHMENTS • Draft Resolution 2015 -34 • Application • Applicant's Narrative • Location Map • Site Survey Page 3 RESOLUTION NO. 2015-34 RESOLUTION APPROVING A MINOR SUBDIVISION FOR 1417 43rd AVENUE NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2015 -0503) has been submitted by Eric Simonson to the City Council requesting Minor Subdivision approval from the City of Columbia Heights at the following site: ADDRESS: 1417 43rd Ave. NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Minor Subdivision for the property located at 1417 43rd Avenue NE. WHEREAS, the Planning and Zoning Commission has held a public hearing as required by the City Zoning Code on May 5d', 2015; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed Minor Subdivision 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 City Council accepts and adopts the following findings: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. FURTHER, BE IT RESOLVED that the attached conditions, survey, and other information shall become part of this Minor Subdivision and approval; and in granting this Minor Subdivision the city and the applicant agree that this Minor Subdivision shall become null and void if the subdivision has not been filed with the Anoka County Recorder's Office within one (1) calendar year after the approval date. CONDITIONS ATTACHED: The Planning Commission approves the Minor Subdivision for 1417 43`d 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 applicant shall be responsible for filing the approved subdivision survey and driveway easement with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. 2. The fire separation walls must be maintained in the present state. Passed this 11 d' day of May, 2015. Offered by: Seconded by: Roll Call: Attest: Katie Bruno City Clerk/Council Secretary Mayor Gary L. Peterson CITY OF COLUMBIA HEIGHTS MINOR SUBDIVISION (LOT SPLIT) APPLICATION To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(J) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION DATE RECEIVED: 2 - 31 — I S DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant: PROJECT ADDRESS /LOCATION: 141 } LAS Ayc. N E LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): u^:+ 2 C(c No. 103 43r-4 Ave, Condof -rob w EleNte&4., SK(6d PRESENT USE OF PROPERTY: -rwo snite- �ed PROPOSED USE OF PROPERTY: DOES THE PROPOSED LOT SPLIT CREATE A BUILDABLE LOT? YES X NO REASON FOR REQUEST (please attach a written narrative that describes how the proposed subdivision will be comparable to those lots already existing in the immediate neighborhood. There are some platted residential lots within the City that are different than the current standards. In reviewing requests for approval of lot splits in such areas, the City is particularly interested in determining that the lots to be created will be consistent with the character of the surrounding area.) APPLICANT Eric_ SirnohSor. PHONE (a12-532-3-T03 FAX E -MAIL $(monSon,e Iqa I toM PAGER CELL# (o(2- 532--33-03 ADDRESS I`(I 'l3 rg A,,, ►J � CITY i o(ktr LOL STATE Mtj ZIP SSyZ) FEE OWNER OF PROPERTY ADDRESS PHONE FAX CITY STATE ZIP Page 1 of 2 CITY OF COLUMBIA HEIGHTS MINOR SUBDIVISION (LOT SPLIT) APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY LOT SPLIT APPLICATION A. Application submitted as required in the attached application checklist, showing how the property is to be split. APPLICATION FEES: A. $275 Lot Split CITY RECEIPT NUMBER TOTAL AMOUNT RECEIVED $ DATE RECEIVED S- 3 I— t s Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: 0312} 1-2o 19- PROPERTY OWNER SIGNATURE (If different from Applicant) DATE �li�ab�i t� N6[m►yecic-- Pk&-y r'ec- 3--3 I — Ii S COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised: 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 Hi Elizabeth, Per your request, here is a little more information on why exactly we are looking at changing the legal description of the property. We purchased our home (1417) in 2009 from the bank as a foreclosure. We purchased it for the amazing price of $67,000 because the bank only accepted cash offers at this time. The reason for this was because apparently the previous owners, then the bank, had received numerous offers to buy the property using conventional financing but each time the loan fell through during underwriting. The reason for this was because the property was listed as a condo with common interests, but there was no official condominium association documents In place, Looking at our 4 bedroom, 4 bathroom, 2,000 square foot home, it is pretty silly to think of it as a condo. Fast forward to April of this year, the other side (1415) went on sale and I contacted the realtor. We agreed to work with him in a dual agency capacity and when I explained to him the legal description issue, he all but conceded the owner would have an impossible time selling it. Worrying the owner would eventually just take it off the market when he couldn't sell (because it was producing decent rental income) and not wanting to lose the opportunity to buy the house and control both sides, I was able to lean on some contacts I had to obtain a very unconventional 5 year balloon loan. I'm now looking to refinance this to a traditional 30 year fixed loan and the bank will not let me do that with the current description. In a nutshell, I think the city and county would agree that the current legal description is probably not in the best interest of all parties and it would be better served as a twin home. Please let me know if you have any questions) Thanks, Eric 612 -532 -3703 Record ID 2950331 2098570.005 (Above Space Reserved for Recording Data) Common Interest Community No. 103 Condominium 43RD AVENUE COMMONS AGREEMENT TO TERMINATE COMMON INTEREST COMMUNITY THIS AGREEMENT TO TERMINATE COMMON INTEREST COMMUNITY is executed this z day of �iei -be r , 2014 by West Financial Credit Union, a Minnesota Credit Union, Affinity Plus Federal Credit Union, an unregistered Minnesota Credit Union, Eric Simonson and Alexis Simonson, two married individuals residing at 1417 43rd Avenue SE, Columbia Heights, MN 55421. RECITALS A. 43RD AVENUE COMMONS was created by a declaration dated November 28, 2001, filed November 29, 2001 as Document No. 1623612. B. 43RD AVENUE COMMONS is hereafter referred to as "the Condominium." C. The Condominium was created on the real estate located in Anoka County, Minnesota described as follows: The South 100.00 feet of Lot 48 and South 100.00 feet of the West 17.00 feet of Lot 49 except the South 5.00 feet thereof, Block 2, Reservoir Hills, Anoka County, Minnesota. D. The Condominium consists of the following units: Unit No. 1 Unit No. 2 43rd Avenue Commons, Common Interest Community No, 103. E. All of the real estate described in C above which is not included within the units described in D above constitutes common elements or limited common elements. F. The undersigned Eric Simonson and Alexis Simonson own all of the units described above and all of the common elements or limited common elements, and consequently hold 100% of the votes in the association. G. Unit 1 and Unit 2 are encumbered by mortgages. West Financial Credit Union has a mortgage interest in Unit No. 1 of the Property, and Affinity Plus Federal Credit Union has a mortgage interest in Unit No. 2 of the Property. H. The undersigned 43rd Avenue Commons, is a Minnesota nonprofit corporation incorporated pursuant to Minnesota Statutes, Chapter 317A to act as the association of unit owners as required by the Minnesota Common Interest Ownership Act (the "Association "). I. The undersigned by this document wish to terminate the above referenced common interest community. IT IS HEREBY AGREED: 1. 43rd Avenue Commons, Anoka County, Minnesota, Community interest Community No. 103 shall be terminated in accordance with Minnesota Statutes, 515B.2 -119, 2. This Agreement to Terminate Common Interest Community shall be void unless recorded prior to March 1, 2015. 3. The termination of the common interest community and winding up of its affairs shall be accomplished by March 1, 2015 or this Agreement to Terminate Common Interest Community shall be revoked. 4. This Agreement to Terminate Common Interest Community shall be recorded in the office of Anoka County, Minnesota Property Records and Taxation Department. 5. Upon completion of the termination of the common interest community and winding up of the affairs of the Association, a certificate of termination executed by the Association will be recorded in the office of the Anoka County Property Records and Taxation Department. 2 Rx Date /Time DEC- 09- 2014(TUE) 09:22 14154847068 P.007 0 12109/2014 7:59 AM 14154847068 ->176323S6001 07 STATE OF MINNESOTA ) ) ss. COUNTY OF A)10 ya ) Alexis Simonson l` ANNETTE VETSE COMM. #31052039 Notary Public Stale of Minnesota (By Commission Expires 113112017 The foregoing instrument was acknowledged before me this 2 �5 day of ��E'C F it1be V , 2014 by Alexis Simonson, an individual. West Fina coal Credit Union By its %f1l (rr/iJ STATE OF MINNESOTA ) sa. COUNTY OFIn) The foregoing in trument acknowledged before me this `fday of � Ivj,i . 2014 by ' v : — Y" the 17�n rv,c of West Financial Credit Union, an individual, on behalf of the Minnea to Credit Union. K AMY L. GREED Notary Public- Minnesota ;e'' My Comrrl: E1WIres Jw 31, 2015 ANOKA COUNTY MINNESOTA Document No.: 2098570.005 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 01 /16/2015 10:08:00 AM Fees. /Taxes Iu the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator /Recorder /Registrar of Titles MLA4, Deputy Record ID: 2950331 f: 1417 ICD N M r 1A � N M M M r � 43rd Avenue NE. 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