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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 c"ot %"v 3912 Central Avenue Northeast 3951 - -- 3946 3947 3942 3943 ._ 3938 3939 3934 3935 3931 3930 C-4 1 2 en h 3923 Z 3918 j m 3914 3915 Z 3911 3948 i 3951 950 � -i -- - -- N M z 3928 3924 Q ¢J 3918 W U 3906 3910 cD 3900 °M ° 3900 39TH AVE NE 850 3857 I 3853 3850 3849 3844 3 47 �._ 3842 i 3841 3844 3838 _ - _ - 3839 -j Acm! Tura (mm, Eprny a! 9L 4 - rn � °oo M M 3927 3905 39TH AVE NE 3853 3851 3847 3841 940 I rn rt #1 i 830 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 cbt�N"�i '11400 49th Avenue NE n x922 H $ o a W 4975 491 8 p'1937 W r n r {911 4916 1005 O o � 4912 � 'UNC ® 4906.,0 d Yid 4849 9v t:j�yyr1g73.ry 01 ' p tfplS 490_ -rS• _•'�y11'7 T r 7J70o' 9 4 y W 1.o 0, � 5' S� J V 49TH AVE NE 1621 }L_�',1A5 '7 1617 Y 1622 d 1678 7717 1813 Y U 1870 1713 1609 D— -- - -.. �! 1606 1709 1603 0) T T- 1600 TIT! 9 a�g-c �o 78201 r M1 t•: 4411 I L11101 I : M -1 LL .W --- - - ---- 2 1801 JIMHIT 7Ei U 9 Pd o' 4757 • 1 ; _. EE Z' 1u _— UI�t;{mHil 1069 It Q•. r mill � r 1/09 1440 1480 463 r1 o1 aW4649 •--- --.}11 O PZ H631 $g+a iv��.i v� 4618 a III n KEYES ! PARK 1.48001 VKLa archtteets 12 Long Lake Suite #17 St. Paul, MN 5 Ph (651) Fx (651) 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 CO) CD LZ499 NLM'SIH913H viemimoo '3'N aAV 4164 OM 10OH3S HOW SIH013H viewn-ioo co mmC) a z OM m L< 4- z M w :E z ca 0 > m 00 Z zm 0 E5 m 0 T 0 U) z m m Z-) 9 z ;u K z m co 0 go m M > m Ca z Z m M,m m E5 5 3 z rn m m > z to zm Z' cn 0 "MEN L4- Om m ;§ w H z 0 4— m E) z ----------- —Z LLI=Ull m k N 7� tG TI N 'G n CD 3 3 vi+ J m x N rt 3 fC S N n 3 O O_ U) tQ 7 i m x N 7 f0 O1 n O 7 rt CD N (Q 7 W 90 W m x N rt 7 fQ m m 3 rt m CA s Z tD Z O ORC �D 2 (O S CL m 3 cD cn 0 O 0 Z m Z O 3 tD cn (O A 2 can rn c� rt n O 0 O J O N N O cn O V 2 f+ H ma cr A� N A S O O 7 m I M� • 0 "NEW 0 it 4 I Y DO � C a 3 °1 O V 2 f+ H ma cr A� N A S O O 7 m I M� • 0 "NEW 0 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 C ^ 4057 4056 - 4054 4053 r• 4054 °0 4049 4045 4048 c 4040 v I 4032 Z 4030 2 r- n e 4026 4026 ° 4022 2 4020 2 Uj 4018 4018 v 4012 4014 4000 $_— 4 3 I Scale 1:1200 40TH AVE NE j 88388 m c 3988 ` -- 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 /3i / /rv1c/?e oL 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 i(Vyi1% CELL #4(/-2 -$65 -SSA 3 STATE ZIP Set mot � PHONE FAX STATE Page 1 of 2 ZIP SS 4/ -Q 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" IJW2 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 -. - -- 4200 -- FKQO -- -r- 4zrr�r ti Iti n x- 4206 � �' -- � _J 420__'.1 w! Z; z y vl Q PUBLIC SAFETY v ENTER (PSCI CUL M814 HEIGHTS FIRE M TA T10N QOI.UMBIA HEIGHTS PC 0 u i m BJa 4047 4041 42ND AVE NE 900 `900 C 7 V 0 WARGO { COURT 41ST AVE NE 4057�i 4056 4057 405 4049 — 4045 Z 4040 !� w H 4030 W N 4020 m 4 4020 w _ 1018 v 1 4014 11 j 831 a43 ' I_._ IfI __J 40TH AVE NF - i IA F_7­1 r -tom i__.._ ; _� 39Q4 HCEI(,�1751A 39 82'* z I 390L�CF. I1SEic F Q WIN! *101 Z �T P 'c !. A r z fm Ancl Clam Flw,.n Spmp X :U u 41ST AVE HE 41S TAVE NE GLOW �e W� 0 s 40TH AVE NE Scale 1:24 3099 $i I m m m moo to 0 o 1 TER– __�._I A 11 ��k i i ;a k 1 I t t EXISTING SIGN South side of building , 4 FUNERAL CHAPEL & CREMATION SERVICES 6 2 n � eL O Q 03 Lo Q o �