HomeMy WebLinkAbout2015-08-05 P&ZColumbia ®Heights
Planning and Zoning Commission Meeting
Wednesday, August 5th, 2015
7pm
Columbia Heights City Hall
590 40th Avenue NE
Columbia Heights, MN 55421
1. Roll Call
a. Approval of June 2 "d, 2015 Planning and Zoning Commission Meeting Minutes
2. Public Hearings
a. Case # 2015 -0801, Conditional Use Permit
3912 Central Avenue NE.
Jay Shahidi, Decorative Construction
b. Case # 2015 -0802, Conditional Use Permit
1400 49th Avenue NE.
MLA Architects, Columbia Heights Public Schools
c. Case # 2015 -0803, Variance
4040 Central Avenue NE.
Jimmy Wetch, Jimmy's Pro Billiards
d. Case # 2015 -0804, Variance
4101 Central Avenue NE.
William McReavy, Washburn McReavy Miller Heights Chapel
3. Other Business
4. Adjourn
DRAFT MINUTES OF
PLANNING AND ZONING COMMISSION
JUNE 2, 2015
7:00 PM
The meeting was called to order at 7:00 pm by Chair Marlaine Szurek.
Commission Members present- Buesgens, Hoium, Lee, and Szurek.
Members Absent: Fiorendino
Also present were Elizabeth Holmbeck (Planner), Joseph Hogeboom (Community Development
Director), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn.
Motion by Hoium, seconded by Buesgens, to approve the minutes from the meeting of May 5, 2015.
All ayes. MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER:
2015 -0601
APPLICANT:
Jay Shahidy Decorative Construction
LOCATION:
3912 Central Ave NE
REQUEST:
Conditional Use Permit
Hogeboom passed out a memo regarding the Commission's role when considering a Conditional Use
Permit. He reviewed the contents of the memo and what the Zoning Code allows and the process on
how amendments to the code are made. Szurek stated she thinks it is important for members to go
out and review the sites prior to the meetings so they have a better understanding of what the request
entails. Hogeboom clarified that members can view the sites, but they shouldn't speak to the
applicant or neighbors prior to the Public Hearing, which is the correct venue to hold any discussions
regarding a case.
Holmbeck explained that Jay Shahidi, from Decorative Construction, has requested a Conditional
Use Permit (CUP) that would allow a minor automobile repair shop to operate at the property located
at 3912 Central Avenue NE. There is currently an existing house and garage located on the
commercially zoned property. The house is being used for office space and the existing garage will
be demolished to make way for the proposed garage, to accommodate the future minor auto repair
business.
ZONING ORDINANCE
The property at 3912 Central Ave. NE is located in the CB, Central Business Zoning District.
Adjacent properties to the north, south and east are also zoned Central Business. The properties to the
west are zoned R -3, Multiple Family Residential. Minor auto repair requires a Conditional Use
Permit in the City's Central Business Zoning District.
Planning & Zoning Minutes
Page 2
June 2, 2015
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. Although the property was at one time
used as a residential home, it has been used as a commercial property and has lost the non-
conforming use status. Allowing the minor auto repair as a conditional use is consistent with the
City's Comprehensive Plan, which aims to expand commercial uses along the Central Avenue
Corridor.
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.
Minor Automobile Repair is specifically listed as a Conditional Use in the Central Business
(CB) 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 proposed use is
commercial in nature.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed use will not disrupt neighboring properties as this auto repair shop will only
service a few vehicles at a time. Also, the property directly to the north is a minor auto repair
shop.
(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 the proposed
use.
(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 proposed use will be operated out of the garage located in the backyard of the property
and will be compatible in design to surrounding businesses.
(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 use is not anticipated to create traffic issues as the shop will only service a few
cars at a time.
Planning & Zoning Minutes
Page 3
June 2, 2015
(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.
There is no anticipated negative cumulative effect associated with the addition of the
proposed use.
(i) The use complies with all other applicable regulations for the district in which it is
located.
This is correct.
Ouestions /Comments from Members:
Buesgens asked if the Conditional Use Permit would continue no matter who owns the property if it
is approved. Holmbeck responded that it would remain with the property and that any future owners
would have to follow the same conditions.
Szurek pointed out that the intended business is not minor auto repair, but in fact auto repair and auto
body work which would require a paint booth, etc.
Hoium wanted to know why this is a conditional use rather than a permitted use. Hogeboom
explained it is due to the definitions and parameters established in the Zoning Code. He then
explained that there are a number of non - conforming houses used as businesses along Central
Avenue. He said the Commission may want to re -look at this to allow the properties to be used as
intended (as a residence) rather than converting the use of a commercial one, which is sometimes
hard to accomplish. Hoium then asked what the surrounding property uses are adjacent to this site.
Holmbeck stated that NE Auto Body is directly to the north of this site, American Family Insurance
Office to the south, and residential homes to the rear or west side of this property.
Szurek asked how the City enforces the fact that no one should be living in the house or that there are
property maintenance issues on the site. Hogeboom explained that normally the City would have to
take the residents to court as a violation of the Zoning Code if the house is occupied. He stated that it
could be added to the list of conditions of the CUP so the permission to operate the business could be
revoked if they didn't comply with the conditions.
Szurek then asked what the setback from the alley is for the CBD District. Holmbeck responded that
the required setback is 10 feet and this garage is proposed to be 13.9 feet back from the alley. Szurek
stated that is not much room for parking cars, especially during the winter months. She is concerned
about how they will handle snow removal. She stated that the size of the new garage will bring it
almost up to the back of the house and that there will be a problem with the electrical lines due to the
elevation/grade difference on the site itself. Jay Shahidi from Decorative Construction stated that the
proposed drawing in the packet is not necessarily the actual plan, that it may be changed somewhat,
but he is aware that there must be a 6 foot separation between the house and garage. Szurek felt it
should have been an accurate depiction before it came to the commission. Szurek said this business
would face the alley and would have a detrimental effect on the residential neighbors behind this site.
Most of the other businesses along this block face to the front.
Planning & Zoning Minutes
Page 4
June 2, 2015
Jay Shahidi was asked how they plan to deal with the automotive fluids that will be part of this
business. He told members that they will store the fluids according to State Guidelines and will
contract with a service to come and haul the fluids away.
Buesgens asked if the owners are aware that there are more than 20 other automotive repair
businesses in Columbia Heights and that there is a lot of competition. Shahidi stated they think they
can do autowork cheaper than other businesses as they will have lower overhead and no employees.
Buesgens stated she thinks this is too much building on too small of a site and as it abuts residential
properties, would have a negative impact on the area. She felt there is not enough parking available
for this type of business.
Lee stated that residents behind this property bought their homes knowing they abutted commercial
property so they have to expect some inconvenience. She also felt that the applicant bought a
commercial property and he should be allowed to use it as such. Hogeboom agreed they have the
right to operate an Auto Body Shop and the City has a right to establish some conditions that makes it
less of an impact to the area.
Hogeboom stated there are a number of conditions that could be considered such as:
1. Not allowing anyone to live in the existing house if the CUP is granted; or
2. Require that the current house be removed as it is very limited on the type of business use that
can occur there.
3. That the new building be constructed on the front side of the lot adjacent to Central Ave.
4. That primary access shall be maintained from the front per approval by MN DOT.
5. That landscaping/vegetation 6 feet in height be established on the west/alley side of the site.
6. That no work shall take place between the hours of 10 pm and 7 am.
7. Applicant shall come to the Planning & Zoning for Site Plan approval.
8. The building and site shall meet all requirements found in the Zoning Code, Fire Code, and
the Building Code.
9. All other applicable local, state, and federal requirements shall be met at all times.
Buesgens asked about whether they had enough financing to finish the project in a timely manner.
Mr. Shahidi said they had enough to construct the proposed garage, but he would have to talk to them
about the new plan to demolish the house and construct a new building off Central Avenue if they
could get MN DOT approval. Hogeboom said he will refer them to "Open for Business" program so
they can check into additional financing and decide on the best option for them.
Buesgens stated she is most concerned about the aesthetics of the site as it is across from the new
Library being built. She wants to make sure that the design of a new building and landscaping meet
the Design Guidelines. Hogeboom stated that would all be considered during the Site Plan Review
Process.
Planning & Zoning Minutes
Page 5
June 2, 2015
Several other options were also discussed:
1. The owner would like to construct the garage now, then fix up the house and use the lower
level for office and put an apartment upstairs. An apartment cannot be added without gutting
the interior and the upstairs may not be large enough for an apartment. Access to both would
also have to be addressed.
2. Can they fix up the house and rent it out for a business use. Yes, they can, but it would be
very limited as to what type of business could actually use it since the bathroom is upstairs
and it doesn't meet handicap accessibility requirements.
3. They could demo the existing house and build a new building closer to Central Ave that
would have commercial use on the main floor with apartments above it. According to the
existing Code, the only way residential use is allowed is if it is above a commercial business.
Public Hearing Opened
Steven Sanchez, 3923 Van Buren Street just bought his house 3 years ago. He stated that there are
people living in the subject property presently even though that is a violation of the Zoning Code. He
doesn't believe this property is large enough to sustain this type of business. He sees all the other
auto body shops in town and all the vehicles parked near them. He is not excited about a noisy
business with tow trucks coming and going wrecking the brand new alley they are in the process of
re- paving. He doesn't feel it is the best use of this property. Jill Sanchez stated she is concerned with
the number of cars and lack of parking as well as no room for snow removal. She also doesn't think
it makes sense to have the same type of business next door to each other.
Catherine Vesley from the Citizen Design Committee for the Library stated they have spent a lot of
time on the design of the new Library building hoping to improve the City's image along Central
Avenue. She stated she has nothing against Auto Body Shops and also understands the constraints
that the Planning & Zoning Commission must operate under according to law. She hopes whatever is
done on this site will complement the new Library. Vesley said it is the City's responsibility to tweak
the codes and ordinances to accomplish this.
Todd Carpenter the owner of NE Auto Body next door to this site said he currently has two 50 foot
lots and he doesn't have enough room. He stated that he had the opportunity over the years to
purchase this property on several occasions but said it is basically unusable property due to the
elevations. He thinks the owners will have a difficult time since this site is only 47 feet wide so there
is little room for parking vehicles, and access by parts trucks will be nearly impossible.
Mr. Manuel Criollo used a translator to tell the Commission that he just wants to be an honest
businessman who does mechanic work in order to provide for his family. He wants to start with the
garage in back and eventually do something up front as finances allow.
Planning & Zoning Minutes
Page 6
June 2, 2015
Hogeboom reviewed the list of suggested conditions with the owner and asked him if they would be a
problem. Hogeboom asked Mr. Criollo if he intended on living in the house when he bought it.
Criollo told the members that he bought it for the intent of running his business there. He was forced
to move into the house approximately three weeks ago because where he had been living was illegal
and they were forced to leave. He is currently looking for an apartment to move into as soon as he
can. Hogeboom asked him when he would like to open his business. Criollo said it depended on
what was approved.
Hogeboom asked him if he was aware of the "Open for Business" program. Hogeboom suggested
that he could meet with them and find out if additional funding could be obtained to help him
accomplish his goal.
Lee asked the owner if he was aware that he could build a new building for commercial use on the
main floor and have apartments above. He said that would be nice but he doesn't have enough
funding for that. She then asked him if it was re -zoned so he could use it as a residence instead,
would he consider that option. He said he needs a place to run his business from and he couldn't do
that if this was re -zoned to residential.
Hogeboom said the Commission could approve the CUP with conditions and if they choose not to
pursue it with the noted conditions, nothing would be lost. He also told members that staff will work
with the applicant to see what it is he really wants to do taking into consideration all that was
discussed at this meeting.
Criollo said he just wants to start up his auto repair business in the garage as soon as possible. He
didn't think it would be so complicated. He said if he doesn't get funding help and can't just
construct the new garage as requested, he will have to sell the property.
Hoium asked if there is a minimum parking requirement for this type of business. Holmbeck said
there was but she doesn't have the zoning code with her so she can't look it up. Hoium stated that
requirement is important since the plan submitted may not meet that.
Staff then recommended tabling this request in order to assist the applicant with scheduling a meeting
with the "Open for Business" representative and to see what it is he wants to do based on the
additional information.
Public Hearing Closed.
Motion by Hoium, seconded by Buesgens to table this matter for further information. All ayes.
MOTION PASSED.
Planning & Zoning Minutes
Page 7
June 2, 2015
CASE NUMBER: 2015 -0602
APPLICANT: Renaissance Fireworks
LOCATION: 4005 Central Avenue
REQUEST: Interim Use Permit for Seasonal Fireworks Sales
Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a
fireworks tent at 4005 Central Avenue. The specific development standards for outdoor fireworks
sales /display are found in Section 9.107 (C) (22) of City Code, and will be added as conditions of
approval for this permit. This will be the Renaissance's 11th year operating fireworks sales in
Columbia Heights.
The attached site plan illustrates the configuration and orientation of the fireworks tent to Central
Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent prior to
the business opening for operation.
COMPREHENSIVE PLAN
The Comprehensive Plan designates the property for commercial use. The proposal for outdoor
seasonal fireworks sales is consistent with the intent of the City's Comprehensive Plan.
ZONING ORDINANCE
The zoning classification for this property located at 4005 Central Avenue is CBD, Central Business
District. The properties to the north, south and west are also zoned Central Business and the
properties to the east are zoned in the R -4, Multiple Family Residential District. Fireworks tents are
allowed as Interim Uses in the Central Business Zoning District.
FINDINGS OF FACT
Section 9.104 (I) of the Zoning Ordinance outlines seven findings of fact that must be met in order
for the City to grant an interim use permit. They are as follows:
1. The use is one of the interim uses listed for the zoning district in which the property is located, or
is a substantially similar use, as determined by the Zoning Administrator.
Fireworks tents are an Interim Use in the CBD, Central Business District, and are considered
retail sales, which are permitted.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates the property for commercial use, including retail sales,
offices and service businesses. The proposal is consistent with the intent ofthe City's
Comprehensive Plan.
Planning & Zoning
Page 8
June 2, 2015
The use will not impose hazards or disturbing influences on neighboring properties.
The proposed temporary use should not have any detrimental impact on neighboring
properties because of its proximity to Central Avenue and because it is shielded from adjacent
residential uses.
4. The use will not substantially diminish the use of property in the immediate vicinity.
The fireworks tent as proposed will have no impact on the use of adjacent properties.
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.
The fire department will conduct an on -site survey prior to the business opening. All state
requirements regarding fireworks sales will be complied with before the fire department will
allow the operation of the business.
6. 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 traffic generated by the fireworks tent will not significantly increase the traffic on the
public streets, and the site is large enough to handle additional interior traffic.
7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity.
As indicated by prior descriptions, the fireworks tent should not have a negative impact on other
uses in the immediate vicinity, which are all zoned commercial.
Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent
subject to conditions of approval outlined in the report.
Questions /comments from Members:
There were no questions.
Public Hearing Opened.
No one was present to speak on this issue.
Public Hearing Closed.
Motion by Buesgens, seconded by Lee, to waive the reading of Resolution No. 2015 -PZ01, there
being ample copies available to the public. All ayes. MOTIONPASSED.
Planning & Zoning Minutes
Page 9
June 2, 2015
Motion by Buesgens, seconded by Lee, to adopt Resolution No. 2015 -PZ01, being a Resolution
approving an Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 15`h to
July 101h, 2015 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 fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the
Community Development Department and the Fire Department.
a. The Fire Department must inspect the above mentioned areas before any sales can
take place and a fireworks sales fee must be paid to the Fire Department
2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA
Chapter 1124.
3. Fireworks tents located within the public right -of -way are prohibited.
4. All goods shall be displayed on a designated impervious surface area.
5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
6. Music or amplified sounds shall not be audible from adjacent residential properties.
7. The fireworks tent shall not reduce the amount of off-street parking provided one -site below
the level required for the principal use.
8. Signage shall be limited to two (2) professionally made signs, with a combined square footage
not exceeding thirty -two (32) square feet.
All ayes. MOTION PASSED.
RESOLUTION NO.2015 -PZOI
RESOLUTION APPROVING AN INTERIM USE PERMIT FOR A FIREWORKS TENT AT 4005
CENTRAL AVENUE NE. COLUMBIA HEIGHTS
WHEREAS, a proposal (Case #2015 -0602) has been submitted by Renaissance Fireworks to the Planning and
Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the
following site:
ADDRESS: 4005 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for temporary outdoor
fireworks sales from June 15 to July 10, 2015.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on June
2, 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 of uses, traffic, property values,
light, air, danger of fire, and risk to public safety in the surrounding areas; and
Planning & Zoning Minutes
Page 10
June 2, 2015
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of
Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts
the following findings:
1. The use is one of the interim 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 disturbing influences on neighboring properties.
4. The use will not substantially diminish the use ofproperty 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 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.
7. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
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:
The Planning Commission approves the Interim Use Permit for a fireworks tent at 4005 Central Avenue
NE, from June 15 to July 10, 2015 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 fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the
Community Development Department and the Fire Department.
a. The Fire Department must inspect the above mentioned areas before any sales can take place
and a fireworks sales fee must be paid to the Fire Department
2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA
Chapter 1124.
3. Fireworks tents located within the public right -of -way are prohibited.
4. All goods shall be displayed on a designated impervious surface area.
5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
6 Music or amplified sounds shall not be audible from adjacent residential properties.
7. The fireworks tent shall not reduce the amount of off-street parking provided one -site below the
level required for the principal use.
8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not
exceeding thirty-two (32) square feet.
Passed this 2nd
day of June 2015.
Offered by:
Buesgens
Seconded by:
Lee
Roll Call:
All ayes
Planning & Zoning Minutes
Page 11
June 2, 2015
CASE NUMBER:
2015 -0603
APPLICANT:
Renaissance Fireworks
LOCATION:
4300 Central Avenue
REQUEST:
Interim Use Permit for Seasonal Fireworks Sales
Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a
fireworks tent at 4300 Central Avenue. The specific development standards for outdoor fireworks
sales /display are found in Section 9.107 (C) (22) of City Code, and will be added as conditions of
approval for this permit. This will be the Renaissance's 11`x' year operating fireworks sales in
Columbia Heights.
The attached site plan illustrates the configuration and orientation of the fireworks tent to Central
Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent prior to
the business opening for operation.
COMPREHENSIVE PLAN
The Comprehensive Plan designates the property for commercial use. The proposal for outdoor
seasonal fireworks sales is consistent with the intent of the City's Comprehensive Plan.
ZONING ORDINANCE
The zoning classification for this property located at 4300 Central Avenue is GBD, General Business
District. The properties to the north and south are zoned LB, Limited Business. The properties to the
west are zoned R -2A One and Two Family Residential and the properties to the east are zoned in the
General Business District. Fireworks tents are allowed as Interim Uses in the General Business
Zoning District.
FINDINGS OF FACT
Section 9.104 (I) of the Zoning Ordinance outlines seven findings of fact that must be met in order
for the City to grant an interim use permit. They are as follows:
The use is one of the interim uses listed for the zoning district in which the property is
located, or is a substantially similar use, as determined by the Zoning Administrator.
Fireworks tents are an Interim Use in the GBD, General Business District, and are
considered retail sales, which are permitted.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates the property for commercial use, including retail sales,
offices and service businesses. The proposal is consistent with the intent of the City's
Comprehensive Plan.
3. The use will not impose hazards or disturbing influences on neighboring properties.
The proposed temporary use should not have any detrimental impact on neighboring
properties because of its proximity to Central Avenue and because it is shielded from adjacent
residential uses.
Planning & Zoning Minutes
Page 12
June 2, 2015
4. The use will not substantially diminish the use of property in the immediate vicinity.
The fireworks tent as proposed will have no impact on the use of adjacent properties.
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.
The fire department will conduct an on -site survey prior to the business opening. All state
requirements regarding fireworks sales will be complied with before the fire department will
allow the operation of the business.
6. 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 traffic generated by the fireworks tent will not significantly increase the traffic on the
public streets, and the site is large enough to handle additional interior traffic.
The use will not cause a negative cumulative effect on other uses in the immediate vicinity.
As indicated by prior descriptions, the fireworks tent should not have a negative impact on
other uses in the immediate vicinity, which are all zoned commercial.
Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent
subject to conditions of approval outlined below.
Questions /comments from Members:
There were no questions.
Public Hearing Opened.
No one was present to speak on this issue.
Public Hearing Closed.
Motion by Hoium, seconded by Buesgens, to waive the reading of Resolution No. 2015 -PZ02, there
being ample copies available to the public. All ayes. MOTIONPASSED.
Motion by Hoium, seconded by Buesgens, to adopt Resolution No. 2015 -PZ02, being a Resolution
approving an Interim Use Permit for a fireworks tent at 4300 Central Avenue NE, from June 15th, to
July 10th, 2015 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:
Planning & Zoning Minutes
Page 13
June 2, 2015
L The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by
the Community Development Department and the Fire Department.
A. The Fire Department must inspect the above mentioned areas before any sales
can take place and a fireworks sales fee must be paid to the Fire Department
2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and
NFPA Chapter 1124.
3. Fireworks tents located within the public right -of -way are prohibited.
4. All goods shall be displayed on a designated impervious surface area.
5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
6. Music or amplified sounds shall not be audible from adjacent residential properties.
7. The fireworks tent shall not reduce the amount of off - street parking provided one -site
below the level required for the principal use.
8. Signage shall be limited to two (2) professionally made signs, with a combined square
footage not exceeding thirty -two (32) square feet.
All ayes. MOTION PASSED.
RESOLUTION NO.2015 -PZ02
RESOLUTION APPROVING AN INTERIM USE PERMIT FOR A FIREWORKS TENT AT 4300
CENTRAL AVENUE NE. COLUMBIA HEIGHTS
WHEREAS, a proposal (Case #2015 -0603) has been submitted by Renaissance Fireworks to the Planning and
Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the
following site:
ADDRESS: 4300 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for temporary outdoor
fireworks sales from June 15 to July 10, 2015.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on June
2, 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 of uses, traffic, property values,
light, air, danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of
Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts
the following findings:
1. The use is one of the interim 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 disturbing influences on neighboring properties.
4. The use will not substantially diminish the use ofproperty 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.
Planning & Zoning Minutes
Page 14
June 2, 2015
6 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.
7. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
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.
CONDTfIONS ATTACHED:
The Planning Commission approves the Interim Use Permit for a fireworks tent at 4300 Central Avenue
NE, from June 15 to July 10, 2015 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 fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the
Community Development Department and the Fire Department.
A. The Fire Department must inspect the above mentioned areas before any sales can take place
and a fireworks sales fee must be paid to the Fire Department
2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA
Chapter 1124.
3. Fireworks tents located within the public right -of -way are prohibited.
4. All goods shall be displayed on a designated impervious surface area.
5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
6 Music or amplified sounds shall not be audible from adjacent residential properties.
7. The fireworks tent shall not reduce the amount of off - street parking provided one -site below the
level required for the principal use.
8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not
exceeding thirty-two (32) square feet.
Passed this 2nd
day of June 2015.
Offered by:
Hoium
Seconded by:
Buesgens
Roll Call:
All ayes
Holmbeck told members they will be notified about training that will be scheduled sometime in July.
The meeting was adjourned at 8:55 pm.
Respectfully submitted,
Shelley Hanson
Secretary
CITY OF COLUMBIA HEIGHTS
CASE NUMBER: 2015 -0801
DATE: July 29, 2015
PLANNING REPORT
TO: Columbia Heights Planning Commission
APPLICANT: Jay Shahidi, Decorative Construction
DEVELOPMENT: Criollo Auto Repair
LOCATION: 3912 Central Avenue NE.
REQUEST: Conditional Use Permit -Minor Automobile Repair
PREPARED BY: Elizabeth Holmbeck, Associate City Planner
INTRODUCTION
Jay Shahidi, from Decorative Construction, has requested a Conditional Use Permit (CUP) that
would allow a minor automobile repair shop to operate at the property located at 3912 Central
Avenue NE. There is currently an existing house and garage located on the commercially zoned
property. The property owners bought the commercial building with the intent to use the
property for commercial use. The house is being used for office space and the existing garage
will be demolished to allow for the proposed garage, to accommodate the minor auto repair
business.
The applicant first came before the Planning and Zoning Commission in June of this year. After
the request was discussed at length; the application was tabled for further review. Since then,
the City's Building Official has inspected the site and will be working with the applicant as he
builds the garage to ensure code compliance. Additionally, staff facilitated a meeting between
the property owners and a representative from the Open to Business Program, a free business
consulting program offered at City Hall. The applicant and property owners are working with
the Open to Business Representative, to connect them with various resources for business
owners.
Staff has met with the City Attorney, and after further review found that this application for a
Conditional Use Permit is consistent with City Code and that the duty of the Planning
Commission, if found necessary, is to attached reasonable conditions to the permit. Staff has
included a list of recommended conditions in this report.
of Columbia Heights Planning Commission August 5, 2015
to Auto Repair- 3912 Central Avenue- Conditional Use Permit
State law requires that the application go before the City Council within 60 days from the initial
application date. Staff has worked with the applicant to extend the application for an additional
60 days per state law. However, this application cannot be tabled another time and must be
voted on and sent to the City Council at the August 10`h meeting. This is to ensure that we meet
the requirements of the state law. If the Council does not take action within the required
timeframe, the application will be automatically approved as it is today.
ZONING ORDINANCE
The property at 3912 Central Ave. NE is located in the CB, Central Business Zoning District.
Adjacent properties to the north, south and east are also zoned Central Business. The
properties to the west are zoned R -3, Multiple Family Residential. Minor auto repair is allowed
on this property, but requires a Conditional Use Permit in the City's Central Business Zoning
District.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. Although the property was at one
time used as a residential home, it has been used as a commercial property and has lost the
non - conforming use status. Allowing the minor auto repair as a conditional use is consistent
with the City's Comprehensive Plan, which aims to expand commercial uses along the Central
Avenue Corridor.
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.
Minor Automobile Repair is specifically listed as a Conditional Use in the Central Business
(CB) 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 proposed use is
commercial in nature.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed use will not disrupt neighboring properties as this auto repair shop will
only service a few vehicles at a time. Also, the property directly to the north is a minor
auto repair shop.
Page 2
City of Columbia Heights Planning Commission August 5, 2015
Criollo Auto Repair- 3912 Central Avenue- Conditional Use Permit
(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 the
proposed use.
(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 proposed use will be operated out of the garage located in the back yard of the
property and will be compatible in design to surrounding businesses.
(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 use is not anticipated to create traffic issues as the shop will only service a
few cars at a time.
(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.
There is no anticipated negative cumulative effect associated with the addition of the
proposed use.
(i) The use complies with all other applicable regulations for the district in which it is
located.
This is correct.
RECOMMENDATION
Staff recommends approval of the proposed Conditional Use Permit for minor auto repair for
the property located at 3912 Central Avenue NE., subject to the listed conditions.
MOTION: The Planning and Zoning Commission recommends that the City Council approve the
Conditional Use Permit for minor auto repair located at 3912 Central 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:
Page 3
City of Columbia Heights Planning Commission August 5, 2015
Criollo Auto Repair- 3912 Central Avenue- Conditional Use Permit
1. The Site Plans and Building Elevations shall become part of this approval.
2. The building and site shall be meet all requirements found in the Zoning Code, Fire
Code and the Building Code.
3. All other applicable local, state and federal requirements shall be met at all times.
4. Since the proposed plan for the property does not currently have off - street parking,
customers must either park in the garage or utilize the on- street parking available on
Central Avenue.
5. Any operable cars parked outside of the auto body shop must be parked in adequately
sized parking spaces (9 feet wide and 20 feet in length -per City Code), and on paved
area.
6. All vehicles that are being serviced are inoperable and /or being stored with the intent
to receive service, shall be adequately screened from public view, per Zoning Code
guidelines.
7. All snow storage shall take place on -site at an appropriate location as not to impose
any hazard on neighboring properties.
8. Hours of operation shall be limited to Monday through Friday:7:00am- 9:00pm and
Saturday through Sunday: 8:00am- 8:00pm.
9. All signage for the business must be approved through the City's Sign permitting
process.
10. All vegetation on the property must be maintained per City Code.
ATTACHMENTS
• Resolution No. 2015 -35
• Location Map
• Application
• Applicant's Narrative
• Existing Site Survey
• Site Plan
• Elevations
Page 4
RESOLUTION NO. 2015 -35
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MINOR AUTOMOBILE REPAIR AT
3912 CENTRAL AVE. NE. COLUMBIA HEIGHTS
WHEREAS, a proposal (Case #2015 -0801) has been submitted by Jay Shahidi, from Decorative
Construction to the City Council requesting a Conditional Use Permit from the City of Columbia
Heights at the following site:
ADDRESS: 3912 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for minor
automobile repair.
WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City
Zoning Code on August 5t", 2015;
WHEREAS, the City Council has considered the advice and recommendations of the Planning and
Zoning 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 anyconcerns 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
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 Site Plans and Building Elevations shall become part of this approval.
2. The building and site shall be meet all requirements found in the Zoning Code, Fire
Code and the Building Code.
3. All other applicable local, state and federal requirements shall be met at all times.
4. Since the proposed plan for the property does not currently have off - street parking,
customers must either park in the garage or utilize the on- street parking available on
Central Avenue.
5. Any operable cars parked outside of the auto body shop must be parked in adequately
sized parking spaces (9 feet wide and 20 feet in length -per City Code).
6. All vehicles that are being serviced are inoperable and /or being stored with the intent
to receive service, shall be adequately screened from public view, per Zoning Code
guidelines.
7. All snow storage shall take place on -site at an appropriate location as not to impose
any hazard on neighboring properties.
8. Hours of operation shall be limited to 7 days a week, anytime between 7:00am-
9:00pm.
9. All signage for the business must be approved through the City's Sign permitting
process.
10. All vegetation on the property must be maintained per City Code.
Passed this 10`h day of August, 2015.
Offered by:
Seconded by:
Roll Call:
Attest:
Katie Bruno, Council Secretary
Mayor Gary L. Peterson
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CITY OF COLUMBIA HEIGHTS
CONDITIONAL USE APPLICATION
To be filled out by City:
CASE NO.:
APPLICABLE ORDINANCE NO.: 9.104(H)
PRESENT ZONING:
PRESENT LAND USE PLAN DESIGNATION
DATE RECEIVED:
DATE OF LETTER OF COMPLETION:
APPROVAL DATE PER STATUTE:
REVIEW PERIOD EXTENDED:
. RKM "
s t,
To be filled out by Applicant: /
PROPOSED NAME OF DEVELOPMENT: 0422 ZG c;' 4/��j%�
PROJECT ADDRESS /LOCATION: ' 9/9 /79 11-i1/.(�i1 / Q// / /
LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary):
PRESENT USE OF PROPERTY:
PROPOSED USE USE OF PROPERTY:
REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and
justification for your request. Describe any modifications and /or limitations of the use that have been made to
insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and
the Comprehensive Plan.)
APPLICA
E -MAIL
/9/--,
FAX
CELL #��
ADDRESS
CITY STATE ZIP
FEE OWNER OF PROPERTY
ADDRESS °/��, �y� PHONE� FAX
CITY �� /y �y��j�lJ /� STATE ZIP
�° Page 1 of 2
CITY OF COLUMBIA HEIGHTS
CONDITIONAL USE 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.
A. Application Checklist
B. Schedule of Planning and Zoning Commission Meetings
Submittals as
attached application checklist, detailing what is proposed for the
property.
B. Two copies of a list of property owners within 350 feet of the subject property.
APPLICATION FEES:
A. $200.00 Conditional Use Permit Fee
TOTAL AMOUNT RECEIVED $
CITY RECEIPT NUMBER C2 I H 2-1 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:
APPLICANT SIGNATURE DATE
PROPERTY OWNER SIGNATURE (If different from Applicant) DATE
0
14e �y-
ST
TITLE
TE
Revised: 2006 Approved by the Columbia Heights Planning Commission on
Approved by the Columbia Heights City Council on
Page 2 of 2
Decorative Construction, Inc. (DCI)
Building Repairs, Renovation, Remodeling, General Contracting, Construction Mgt., Consulting
11705 Live Oak Drive, Minnetonka, MN 55305
TEL: 952- 920 -4202 * FAX: 952- 920 -4202 * Cell: 612- 328 -1913
* Minnesota License: BC 07 -9065
April 30, 2015
City of Columbia Heiths
590 40th Avenue North East
Columbia Heights, Minnesota 55421
Attention: Elizabeth Holmbeck,
REF.: 3912 Central Avenue N.E., Columbia Heights, MN 55421
Ms. Holmbeck:
My clients /customers, Manuel Criollo and Marco Fajardo Bermeo, the owners of the
property at the above - mentioned address, would like to apply for a Conditional Use
Permit. They have authorized me to apply on their behalf.
As you are aware, the owners intend to demolish the existing residential detached
garage and build a commercial building to be used for motor vehicle repair and
automobile body repair work. The lot will be excavated and re- landscaped as
required by all the pertinent laws and codes and a new building shall be erected as
shown in the attached lot survey and preliminary architectural plans. The access to
the building shall be from the alley side.
The new building shall be completely detached and independent with separate lines
and will not be attached in any way to the existing house. There are no plans to alter
the design and structure of the existing house with the possible exception of moving
the rear entry stairs on the west side around the corner to the south side and
switching one existing door with one existing window.
Si
M. Jay Shahidi, President
Decorative Construction, Inc.
Cell: 612 - 328 -1919
THE
CITY OF
COLUMMA
HEMTS
COMMUNITY
DEVELOPMENT
590 4oth Avenue NE
Columbia Heights,
Minnesota, 55421
Ph: (763) 7o6 -3600
Fx: (763) 706-3637
June 3, 2015
Jay Shahidi
Decorative Construction
11705 Live Oak Drive
Minnetonka, MN 55305
Re: Conditional Use Permit (CUP) Application
Dear Mr. Shahidi,
The City of Columbia Heights is extending the process time for consideration of the
application you submitted for a Conditional Use Permit request for the property
located at 3912 Central Ave. NE. At the Planning and Zoning Commission meeting
of June 2, 2015, it was recommended that the application be tabled to a later date,
to allow for further review.
Would you please sign this form and return it to my office acknowledging the
extension of the review process to a maximum of September 1, 2015.
If you have any questions, please feel free to contact me at (763) 7o6 -3673. I look
forward to continuing to work with you on this project.
Sincerely,
Elizabeth Holmbeck
Associate Planner
Jay Sha idi
Date
CITY OF COLUMBIA HEIGHTS
CASE NUMBER: 2015 -0802
DATE: July 29, 2015
TO: Columbia Heights Planning Commission
APPLICANT: MLA Architects, Inc.
LOCATION: 1400 49th Avenue NE
REQUEST: Conditional Use Permit for LED Signs
PREPARED BY: Elizabeth Holmbeck, Associate City Planner
PLANNING REPORT
BACKGROUND
At this time MLA Architects, Inc. on behalf of the Columbia Heights Public Schools is requesting
a Conditional Use Permit per Code Section 9.106 (10) (C) (1) to allow a dynamic Light Emitting
Diode (LED) sign in conjunction with an educational institution in the R -1 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.
ZONING ORDINANCE
The property located at 1400 49th Avenue NE is designated in the Comprehensive Plan as
Institutional and zoned in the R -1, Single Family Residential District as are the properties to the
North and East. The properties to the South are zoned in the R -3, Multiple Family Residential
District. The properties to West are zoned in the R -2A, and R -26, Multifamily Residential.
Dynamic LED signs are permitted as a Conditional Use in conjunction with an educational
institution. Columbia Heights Public Schools is replacing the three existing pylon signs with two
new monument signs which will have LED components. A rendering of the existing and
proposed signs, which includes dimensions, is attached.
i of Columbia Heights Planning Commission Auqust 5, 2015
Columbia Heights Public
s- Conditional Use Permit
Case # 2015 -0802
FINDINGS OF FACT (Conditional Use Permit)
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 R -1, Single Family
Residential District when associated with an Educational Institution.
(b) The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates this area for Educational Institutions.
(C) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed use will not result in any additional noise and should not disrupt neighboring
properties.
(c) 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.
(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.
The use of a dynamic LED sign at this location will not affect traffic.
Page 2
City of Columbia Heights Planning Commission August 5, 2015
Columbia Heights Public Schools- Conditional Use Permit Case # 2015 -0802
(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 for
Columbia Heights Public Schools, located at 1400 49th Avenue NE.
Motion: The Planning Commission recommends that the City Council approve the Resolution
NO. 2015 -55 for a Conditional Use Permit for two proposed LED signs for Columbia Heights
Public Schools located at 1400 491h 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. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in
all zoning districts, with the exception of the PO, Public District, in which LED signage may
be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as
part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do
not require a conditional use permit. All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for
commercial, industrial uses, or public uses, and no more than once every ten minutes for
religious and /or educational institution uses, except one for which changes are necessary
to correct hour - and - minute, date, or temperature information.
3. A display of time, date or temperature information may change as frequently as once
every five seconds, however information displayed not relating to the date, time or
temperature must not change or move more often than once every ten seconds for
commercial, industrial uses, or public uses, and no more than once every ten minutes for
religious and /or educational institution uses.
4. 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.
Page 3
City of Columbia Heights Planning Commission August 5, 2015
Columbia Heights Public Schools- Conditional Use Permit Case # 2015 -0802
5. The images and messages displayed must be complete in themselves, without
continuation in content to the next image or message or to any other sign.
6. 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 section.
7. 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. 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.
8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011,
must comply with the operational standards listed above. An existing dynamic LED sign
that does not meet the structural requirements may continue as a non - conforming sign
subject to § 9.105(E).
ATTACHMENTS
• Draft RESOLUTION NO. 2015 -55
• Application
• Applicant's Narrative
• Location Map
• Sign Drawings
Page 4
RESOLUTION NO. 2015-55
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR LED SIGNS AT COLUMBIA HEIGHTS PUBLIC SCHOOLS- LOCATED AT 1400 49TH AVENUE NE.
WHEREAS, a proposal (Case # 2015 -0802) has been submitted by MLA Architects on behalf of
Columbia Heights Public Schools to the City Council requesting a Conditional Use Permit from
the City of Columbia Heights at the following site:
ADDRESS: 1400 491h Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code
Section 9.106 (P) (9) (c) (d) to allow a dynamic LED sign to be located in the R -1, Single
Family Residential Zoning District in conjunction with an educational institution.
WHEREAS, the Planning and Zoning Commission has held a public hearing as required by City
Zoning Code on August 5th, 2015.
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:
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
No. 2015 -55
public facilities and services.
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. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in
all zoning districts, with the exception of the PO, Public District, in which LED signage may
be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as
part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do
not require a conditional use permit. All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for
commercial, industrial uses, or public uses, and no more than once every ten minutes for
religious and /or educational institution uses, except one for which changes are necessary
to correct hour - and - minute, date, or temperature information.
3. A display of time, date or temperature information may change as frequently as once
every five seconds, however information displayed not relating to the date, time or
temperature must not change or move more often than once every ten seconds for
commercial, industrial uses, or public uses, and no more than once every ten minutes for
religious and /or educational institution uses.
4. 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.
5. The images and messages displayed must be complete in themselves, without
continuation in content to the next image or message or to any other sign.
Resolution No. 2015 -55
3
6. 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 section.
7. 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. 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.
8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011,
must comply with the operational standards listed above. An existing dynamic LED sign
that does not meet the structural requirements may continue as a non - conforming sign
subject to § 9.105(E).
Passed this 10th day of August, 2015.
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Katie Bruno, Council Secretary
CITY OF COLUMBIA HEIGHTS
CONDITIONAL USE APPLICATION
To be filled out by City:
CASE NO.:
APPLICABLE ORDINANCE NO.: 9.104(H)
PRESENT ZONING:
PRESENT LAND USE PLAN DESIGNATION:
To be filled out by Applicant.
DATE RECEIVED:
DATE OF LETTER OF COMPLETION:
APPROVAL DATE PER STATUTE:
REVIEW PERIOD EXTENDED:
PROPOSED NAME OF DEVELOPMENT: Ih12,tO �04`14 149494&M'�2
PROJECT ADDRESS /LOCATION: M W-40 I 19 44W jsW, , R. tf ,
LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary):
PRESENT USE OF PROPERTY:��
PROPOSED USE OF PROPERTY
REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and
justification for your request. Describe any modifications and /or limitations of the use that have been made to
insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and
the Comprehensive Plan.)
APPLICANT i
FAX
E -MAIL �A�D�'f,RG{11 (�((��.�(� PAGER
CELL #
ADDRESS (Z t4pg ( LA4LF, Fl?.
CITY !!�, 4- STATE ZIP 551I,57—
FEE OWNER OF PROPERTY
ADDRESS PHONE FAX
CITY STATE ZIP
Page 1 of 2
$
i4Z(
CITY OF COLUMBIA HEIGHTS
CONDITIONAL USE 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 CONDITIONAL USE PERMIT APPLICATION
A. Submittals as required in the attached application checklist, detailing what is proposed for the
property.
B. Two copies of a list of property owners within 350 feet of the subject property.
APPLICATION FEES:
A. $200.00 Conditional Use Permit Fee
TOTAL AMOUNT RECEIVED $ 00
CITY RECEIPT NUMBER CQ I T I DATE RECEIVED (lg �' 13 is,
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:
- 1J.Lw bcL-IL_- - �Ikflls
Revised: 2006
LL' \I0
Approved by the Columbia Heights Planning Commission on
Approved by the Columbia Heights City Council on
Page 2 of 2
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Date: July 6, 2015
Project: Columbia Heights Public Schools Sign Upgrades.
Subject: Conditional Use Permit application.
To: Columbia Heights Planning Commission
We are working with the Columbia Heights Public School District in proposing to
upgrade some of the signs on their property adjacent to 49th. Ave N.E. The signs are
serving the High School, Family Center and Highland Elementary. The three existing
signs are old and difficult to maintain. They also use fluorescent tubes for illumination.
The proposed signs will use a more efficient LED system. Please note that three signs
will be replaced by only two. Attached are images of the existing signs, the proposed
ones, a site plan showing locations and a photograph of a sign similar to the proposed
ones at the Columbia Academy Middle School installed a couple of years ago.
Raj Dhital
MLA Architects, Inc.
Page 1 of 1
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CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2015 -0803
DATE: July 29, 2015
TO: Columbia Heights Planning Commission
APPLICANT: Jimmy's Pro Billiards
LOCATION: 4040 Central Avenue NE.
REQUEST: Sign Variance
PREPARED BY: Elizabeth Holmbeck, Associate City Planner
INTRODUCTION
At this time Jimmy Wetch, representing Jimmy's Pro Billiards is requesting a Variance for the
sign located at 4040 Central Avenue NE.
1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds
the maximum allowable square footage of 100sq. ft.
2) Waiver to Section 9.106 (P) (6) (g)- allowing a sign to be painted directly on the exterior
surface of the building.
The existing signage and mural was painted on the building in 2013. At the time, the applicant
was informed that the mural was not permitted by City Code. This issue was being addressed
immediately after the sign was installed. However, it was put on hold by the City Council as a
result of Community Development Department staff changes. Staff has received mixed
feedback about the sign. Some people consider the sign to be public art, while others feel it is
an inappropriate size. Staff was directed to contact Mr. Wetch and request that he remove the
signage or apply for a Variance to City Code. Mr. Wetch is applying for this Variance with the
hope to keep the sign and mural, rather than removing and replacing with code compliant
signage. A narrative detailing this request is included for your review.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for Commercial uses. The property is used as a
billiards hall which is commercial in nature.
ZONING ORDINANCE
The property located at 4040 Central Avenue NE is zoned CB, Central Business as are the
properties to the North, South, East and West. The properties to the North -West are zoned R -3,
City of Columbia Heights Planning Commission August 5, 2015
Jimmy's Pro Billiards, Variance Case # 2015 -0803
Multiple Family Residential.
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 following standards are
specific design requirements for signs in the Central Business District:
Objective: Signs should be architecturally compatible with the style, composition, materials,
colors and details of the building, and with other signs on nearby buildings. Signs should be an
integral part of the building and site design. Wall and projecting signs should be positioned so
they are an integral design feature of the building, and to complement and enhance the
building's architectural features. Signs should not obscure or destroy architectural details such
as stone arches, glass transom panels, or decorative brickwork.
Signs may be placed:
• In the horizontal lintel above the storefront windows
• Within window glass, provided that no more than 25 percent of any individual window
is obscured
• Projecting from the building
• As part of an awning
• In areas where signs were historically attached
Wall signs should generally be rectangular. In most cases, the edges of signs shall include a
raised border that sets the sign apart from the building. Individual raised letters set onto the
sign area surface are also preferred. Projecting signs may be designed in a variety of shapes.
Sign colors shall be compatible with the building fa4ade to which the sign is attached. No more
than three colors should be used per sign, unless part of an illustration. To ensure the legibility
of the sign, a high degree of contrast between the background and letters is preferable. A
combination of soft /neutral shades and dark /rich shades (see Building Colors standard) are
encouraged.
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 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.
Page 2
City of Columbia Heights Planning Commission August 5, 2015
Jimmy's Pro Billiards, Variance Case # 2015 -0803
The applicant believes that because the building is situated in the middle of the block
and between other buildings, the location does not provide adequate visibility for
potential customers. Furthermore, that the sign and mural creates an inviting
atmosphere on the property that was not present before the installation of the sign
and mural.
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.
According to the applicant, the location of business has posed difficulties in
attracting and retaining customers due to a lack of visibility on Central Avenue and
not enough on- street parking in front of the business.
C) The practical difficulties caused by the provisions of this article and have not been
created by any person currently having a legal interest in the property.
According to the applicant, the difficulty arises from the location of the sign along
Central Avenue and visibility issues associated with it.
d) The granting of the variance is in harmony with the general purpose and intent of
the Comprehensive Plan.
The Comprehensive Plan designates this area for commercial use. Being thatTimmy's
Pro Billiards is a commercial establishment, the variance request is consistent with
the types of uses guided for this area.
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
In the case of a Variance request, staff does not make a recommendation for or against
approval. The decision is left to the Planning and Zoning Commission to make a
recommendation to the City Council. If the Planning and Zoning Commission chooses to
recommend approval, please use the recommended motions below.
Motion: Move to close the public hearing and waive the reading of Resolution 2015 -56, there
being ample copies available to the public.
Motion: The Planning Commission recommends that the City Council approve the Resolution
Page 3
City of Columbia Heights Planr
Jimmy's Pro Billiards, Variance
Commission
August 5, 2015
Case # 2015 -0803
No. 2015 -56, approving the Variances for the property located at 4040 Central Avenue NE.,
1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds
the maximum allowable square footage of 100sq. ft.
2) Waiver to Section 9.106 (P) (6) (g)- allowing a sign to be painted directly on the exterior
surface of the building.
ATTACHMENTS
• RESOLUTION NO. 2015 -56
• Application
• Applicant's narrative
• Location map
• Sign and mural rendering
Page 4
RESOLUTION NO. 2015 -56
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR JIMMY'S PRO BILLIARDS -4040 CENTRAL AVENUE NE.
WHEREAS, a proposal (Case #2015 -0803) has been submitted by Jimmy Wetch on behalf of
Jimmy's Pro Billiards to the City Council requesting a Variance from the City of Columbia
Heights at the following site:
ADDRESS: 4040 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds
the maximum allowable square footage of 100sq. ft.
2) Waiver to Section 9.106 (P) (6) (g)- allowing a sign to be painted directly on the exterior
surface of the building.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on August 5th, 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.
3. The practical difficulties are caused by the provisions of this article and have not
been created by any person currently having a legal interest in the property.
Resolution No. 2015 -56
2
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 variance.
Passed this 10th day of August, 2015.
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Katie Bruno, Council Secretary
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: � )I✓vi
IA
PROJECT ADDRESS /LOCATION: gcgo l?etA✓✓,o� Y�V�
LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary):
PRESENT USE OF PROPERTY:
PROPOSED USE OF PROPERTY: ry� 1—
1 DZJ I �Oa �'zl 'Q J2 i 4Jg_ 2–
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 rquires the variance.)
APPLICANT (AAA t; 5 A �N f T�� PHONE �OS %–Z30--3y'/FAX
E -MAIL J, /, T PAGER CELL #
ADDRESS `�� bl' Ly 305
CITY STATE /jIN ZIP 55 //-Z-
FEE OWNER OF PROPERTY
ADDRESS PHONE FAX
CITY STATE ZIP
Page 1 of 2
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
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 (-Q) LP l Z
.200 0 21
TOTAL AMOUNT RECEIVED
DATE RECEIVED (2I 7- 9
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:
TU
DATE
PROPERTY OWNER SIGNATURE (If different from Applicant) DATE
1 Cc ✓\ �. C
2C, I IS—
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
Jimmy's Pro Billiards and Burger Diner
4040 Central Ave NE, Columbia Heights, MN 55421
Reasons behind the decision to paint a mural on the building and the resulting effects:
- Jimmy's Pro Billiards and Burger Diner has been in business for 17 years. The mural has
resulted in a significant increase in sales and business, more so than any other effort.
- The current city ordinance states signage needs to be less than or equal to 100 square feet.
However, a mural of that size would not be adequate to illustrate the full title of the
establishment. Furthermore, this wasn't known when the decision to paint the building was made.
The goal was and still is to promote the fact that Jimmy's is more than just a pool hall; the mural
seeks to encourage new visitors to stop in and have a burger.
- As a result of the mural's existence, all pertinent information is displayed on the building,
allowing the windows to be free from advertising paint. This results in a more inviting
atmosphere. Historically, the windows were unsuccessfully utilized for advertisement to
promote everything the mural now efficiently illustrates.
- The limited street parking creates a barrier to new customers. A ramp exists behind the
building, however, customers are not aware of this until after they've visited. Although there is
an entrance from the alley, most people utilize the front door to access the establishment. The
dark alley is uninviting to the general public; the painting on the front of the building offsets this
by making the business appear friendly and approachable.
- In the past, it was difficult for potential customers to realize what existed at Jimmy's Pro
Billiards and Burger Diner as it is located in the middle of the block between other buildings.
The mural makes it clear to potential new customers that the establishment is an inviting diner
and pool hall.
- Owning a business in Columbia Heights can prove to be challenging. In order to run a
successful business, it is necessary to have new customers come in the door. Having a bold
visual message that is immediately clear to people passing by helps facilitate this and keep a long
standing establishment in business.
- The mural creates a visual landmark that people notice. Previously, cars drove by and had no
idea what went on in this building. Now, people pass by and take notice - potentially making a
mental note to stop in and check it out for the first time.
4040 Central Avenue NE
41 ST AVE NE 41 ST AVE NE
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Jimmy's Pro Billiards and Burger Diner
4040 Central Ave NE, Columbia Heights, MN 55421
Mural Specifications:
The graphic above is a scale image representing the mural on Jimmy's Pro Billiards
and Burger Diner and shows the size of the front of the building. Units are measured
in feet. The mural was completed in September of 2013. As seen, the painting
covers most of the front of the building. The reasoning behind the work was to
enhance the exterior facade and make the establishment more inviting - especially to
promote the fact that Jimmy's is more than just a pool hall and is also known for its
diner. As such, the establishment name was changed to "Jimmy's Pro Billiards and
)urger Diner" and seeks to provide a friendly environment welcome to everyone.
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2015 -0804
DATE: July 30, 2015
TO: Columbia Heights Planning Commission
APPLICANT: Washburn McReavy Miller Heights Chapel
LOCATION: 4101 Central Avenue NE.
REQUEST: Sign Variance
PREPARED BY: Elizabeth Holmbeck, Associate City Planner
INTRODUCTION
At this time William McReavy, representing Washburn McReavy Miller Heights Chapel is
requesting a Variance for a proposed sign to be located at 4101 Central Avenue NE.
1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds
the maximum allowable square footage of 100sq. ft.
The applicant recently purchased the Miller Heights Chapel at 831 40th Avenue NE. That
property will be sold and the Miller Heights Chapel operations will be move to the Washburn
McReavy location on Central Avenue. The applicant wishes to add additional signage on the
property located at 4101 Central Avenue. A Variance is required as the additional signage will
exceed the maximum allowable square footage allowed for signage on the property. A
rendering of the proposed sign is included in this report. Also, a narrative detailing this request
is included for your review.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for Commercial uses. The property is used as a
funeral home which is commercial in nature.
ZONING ORDINANCE
The property located at 4101 Central Avenue NE is zoned CB, Central Business as are the
properties to the North, South, and West. The properties to the East are zoned R -4, Multiple
Family Residential.
P of Columbia Heights Planning Commission August 5, 2015
Washburn McReavy & Mi
DESIGN GUIDELINES
Heights Chapel, Variance
Case # 2015 -0804
The subject property is located within the Design Guideline Overlay District, and is governed by
the "Central Avenue" standards within the Design Guidelines. The following standards are
specific design requirements for signs in the Central Business District:
Objective: Signs should be architecturally compatible with the style, composition, materials,
colors and details of the building, and with other signs on nearby buildings. Signs should be an
integral part of the building and site design. Wall and projecting signs should be positioned so
they are an integral design feature of the building, and to complement and enhance the
building's architectural features. Signs should not obscure or destroy architectural details such
as stone arches, glass transom panels, or decorative brickwork.
Signs may be placed:
• In the horizontal lintel above the storefront windows
• Within window glass, provided that no more than 25 percent of any individual window
is obscured
• Projecting from the building
• As part of an awning
• In areas where signs were historically attached
Wall signs should generally be rectangular. In most cases, the edges of signs shall include a
raised border that sets the sign apart from the building. Individual raised letters set onto the
sign area surface are also preferred. Projecting signs may be designed in a variety of shapes.
Sign colors shall be compatible with the building facade to which the sign is attached. No more
than three colors should be used per sign, unless part of an illustration. To ensure the legibility
of the sign, a high degree of contrast between the background and letters is preferable. A
combination of soft /neutral shades and dark /rich shades (see Building Colors standard) are
encouraged.
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 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.
To comply with provisions of the Zoning ordinance, the applicant would have to
either decrease the size of the proposed sign or remove the existing signage and
replace with code compliant signage.
Page 2
City of Columbia Heights Planning Commission August 5, 2015
Washburn McReavy & Miller Heights Chapel, Variance Case # 2015 -0804
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.
According to the applicant, the additional signage will help the community
understand that the two businesses have merged.
C) The practical difficulties caused by the provisions of this article and have 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.
The Comprehensive Plan designates this area for commercial use. Being that the
Washburn McReavy Funeral Home is a commercial use; the variance request is
consistent with the types of uses guided for this area.
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
In the case of a Variance request, staff does not make a recommendation for or against
approval. The decision is left to the Planning and Zoning Commission to make a
recommendation to the City Council. If the Planning and Zoning Commission chooses to
recommend approval, please use the recommended motions below.
Motion: Move to close the public hearing and waive the reading of Resolution 2015 -57, there
being ample copies available to the public.
Motion: The Planning Commission recommends that the City Council approve the Resolution
No. 2015 -57, approving the Variance for the property located at 4101 Central Avenue NE.,
1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds
the maximum allowable square footage of 100sq. ft.
ATTACHMENTS
• RESOLUTION NO. 2015 -57
• Application
Page 3
City of Columbia Heights Planning Commission August 5, 2015
Washburn McReavy & Miller Heights Chapel, Variance Case # 2015 -0804
• Applicant's narrative
• Location map
• Sign renderings
Page 4
RESOLUTION NO. 2015-57
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR WASHBURN MCREAVY MILLER HEIGHTS CHAPEL -4101 CENTRAL AVENUE NE.
WHEREAS, a proposal (Case #2015 -0804) has been submitted by William McReavy on behalf of
Washburn McReavy Miller Heights Chapel to the City Council requesting a Variance from the
City of Columbia Heights at the following site:
ADDRESS: 4101 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds
the maximum allowable square footage of 100sq. ft.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on August 5th, 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.
3. The practical difficulties are caused by the provisions of this article and have not
been created by any person currently having a legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of
the Comprehensive Plan.
Resolution No. 2015 -57
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 variance.
Passed this 10th day of August, 2015.
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Katie Bruno, Council Secretary
CITY OF COLUMBIA HEIGHTS
VARIANCE APPLICATION
To be filled out by City:
CASE NO.: DATE RECEIVED:
APPLICABLE ORDINANCE NO.: 9.104 (G) 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: f//o/ Axe
Ma S7S— 2
LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary):
PRESENT USE OF PROPERTY: CitA,oe4
PROPOSED USE OF PROPERTY:
Sarni...,
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 1V'11 -A;,1 W . /%r %leauy
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E -MAIL WasA&v,,,a - �lr2eavr Cor.�
PHONE 612-865-S&13FAX 6/� -377 730
PAGER
ADDRESS V/ D/ Cen bra / ipve NE
CITY . t 6l' s` l/el y .4 A
FEE OWNER OF PROPERTY
ADDRESS
CITY
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CELL #4(/-2 -$65 -SSA 3
STATE ZIP
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PHONE FAX
STATE
Page 1 of 2
ZIP
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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 (V I U(J2,l
$ a oo. GC
TOTAL AMOUNT RECEIVED
DATE RECEIVED (P I'23
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:
SIGNATURE
6%3 // 5"
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PROPERTY OWNER SIGNATURE (If different from Applicant) DATE
COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DA E
Revised 2005 Approved by the Columbia Heights Planning Commission on
Approved by the Columbia Heights City Council on
Page 2 of 2
June 29, 2105
Elizabeth Holmbeck,
Washburn- McReavy is a family owned and operated funeral chapel operating the Columbia
Heights funeral chapel at 4101 Central Avenue NE, Columbia Heights. We recently purchased
the Miller Methven Taylor funeral home at 83140th Ave NE. We are selling that real estate and
moving the business to our location on Central Avenue.
We are requesting a variance to add lettering to the front of the building where there is
currently no lettering. Our desire is to add the name Miller - Heights Chapel. We believe this
name on the front of our building will help the community to understand what happened to the
Miller- Heights chapel and we feel like the name "Heights" gives a warm feeling to the
community that has always embraced the abbreviation for the city of Columbia Heights a
simply Heights.
We are requesting this variance because it is our understanding that the lettering on three
different sides of our building (North, West and South) will exceed the 100 sq ft allowed by the
city.
Please let me know if there is any further information you need as it is our desire to meet the
July 6th application deadline, be in attendance at the Planning and Zoning meeting on August
5th at 7:00 PM and the City Council Meeting on Aug 10th at 7:00 PM.
Thank you for your consideration.
Sincerely,
MI
14101 Central Avenue
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