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HomeMy WebLinkAboutAug 5, 2015 minMINUTES OF PLANNING AND ZONING COMMISSION AUGUST 5, 2015 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Buesgens, Fiorendino, and Szurek. Members Absent: Lee and Hoium Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Fiorendino, seconded by Buesgens, to approve the minutes from the meeting of June 2, 2015. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2015-0801 APPLICANT: Jay Shahidi, Decorative Construction LOCATION: 3912 Central Ave NE REQUEST: Conditional Use Permit 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. 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. P & Z Minutes Page 2 August 5, 2015 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 10th 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: 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. 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. Szurek doesn’t think it is in harmony. The proposed use is on the alley not along Central Avenue as it should be. 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. Szurek said it will impact neighbors negatively by increased alley traffic and deliveries being made to the site. P & Z Minutes Page 3 August 5, 2015 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. Szurek felt it would as it may block access for residences behind this business along the alley. 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. Szurek said the properties to the rear of this site are residential and not compatible with a business use that should be operating from the front of the site. The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. Szurek wanted to know what this meant. And she questioned where they planned on putting their signage. Holmbeck stated she didn’t have that information as they haven’t applied for any sign permits to date. 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. Szurek stated that is an unknown. They have very limited parking on site so the surrounding neighborhood could be impacted as well as having a number of cars parked along Central Avenue. 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. The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMMENDATION Since the use is a permitted use in this zoning district, 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 ten conditions provided to the Commission by staff. P & Z Minutes Page 4 August 5, 2015 Questions from Members: Szurek asked where the snow would go. She did not feel they would ever have a salon business in that house and she considers the house in poor repair. She stated that the applicant hasn’t addressed any of the concerns that were raised at the last meeting and she feels they are just pushing back with the same request. Holmbeck reminded members they are to decide on what conditions should be attached to this particular use of the property which is allowed in that zoning area. Szurek responded that the business use should be off Central Avenue, not off the alley abutting residential properties. Fiorendino agreed with Szurek that Finding “F” has not been met. He feels the other businesses that operate, or have access off the alley, don’t have tow trucks or large delivery vehicles that will block the alley access. Therefore, this business is not adequately served with proper access. Buesgens stated that no matter what recommendation the Commission makes, it will still go to the City Council for a final decision. She would like to submit additional conditions for the Council to consider. She believes the site is too small to accommodate an auto repair business, a retail/office space on the lower level of the house, and an apartment upstairs. Buesgens also feels a business shouldn’t be allowed to operate off the alley. The additional conditions are listed with the ones provided by staff and are detailed further down in these minutes. Public Hearing Opened Jay Shahidy told members that the house is not in poor condition. They had an Architect meet the Building Official on site and go through the structure so plans could be drawn up for remodeling. The house is in sound condition and they hope to remodel the lower level for a commercial space and the upstairs into a one bedroom apartment. There will be a separate entrance to each of the two levels. Shahidy also stated that any signage will be along Central Avenue. A parking pad 18 x 49 will be added in the rear next to the 3 stall garage that will be constructed. The 6 ft separation between the house and garage will still be met. The owners (father and son) only plan on working on a couple of cars at a time so it will have a low impact on the surrounding area. Shahidy said that NE Auto Body operating next door to this property is a much larger business and they also use the alley to access their lower level and to receive deliveries. He said they also have many cars parked along Central Avenue during the course of the day. He feels that business has a lot more impact on the surrounding area than this business will have. Planning & Zoning Minutes Page 5 August 5, 2015 Fiorendino asked if the Design Guidelines apply to the garage. Holmbeck stated they do not as this is considered an accessory structure, not the primary structure. Only the business fronts facing Central have to meet the guidelines. Fiorendino then stated his concern is that the CUP carries forward with the property and a future owner may not be such a small operation as the one proposed by the applicant. Holmbeck responded that is why the conditions are established and detailed so that any future owner could be subject to revocation of the CUP if they don’t adhere to the same conditions. For example, you could limit the number of cars that are allowed on site, or that they have to be parked inside the garage. Buesgens stated that if they plan on having an apartment upstairs that a reserved parking space for that unit also has to be designated on site. No one else was present to speak on this matter. Public Hearing Closed. Motion by Fiorendino, seconded by Buesgens, that the Planning and Zoning Commission declines to make a recommendation to the City Council regarding a Conditional Use Permit for minor auto repair located at 3912 Central Avenue. Members request the Council review the 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: (Staff provided conditions are in italics and members added conditions are in bold) The Site Plans and Building Elevations shall become part of this approval. The building and site shall be meet all requirements found in the Zoning Code, Fire Code and the Building Code. All other applicable local, state and federal requirements shall be met at all times. 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. 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. 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. All snow storage shall take place on-site at an appropriate location or be removed as not to impose any hazard on neighboring properties. Snow cannot be stored in the front yard or moved into the alley. P & Z Minutes Page 6 August 5, 2015 Hours of operation shall be limited to Monday through Friday: 7:00am-9:00pm and Saturday through Sunday: 8:00am-8:00pm. All signage for the business must be approved through the City’s Sign permitting process. All vegetation on the property must be maintained per City Code. One parking space must be reserved for use by residents of the proposed apartment. No overnight parking of vehicles on Central Avenue or other residential streets during non-business hours shall occur. Customer and delivery vehicles cannot park in the alley, nor can access through the alley be restricted at any time. The garage doors shall be kept closed during all auto repair operations. This matter will go to the City Council on Monday, August 5, 2015. CASE NUMBER: 2015-0802 APPLICANT: MLA Architects, Inc. LOCATION: 1400 49th Avenue NE REQUEST: Conditional Use Permit for LED Signs 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-2B, 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. P & Z Minutes Page 7 August 5, 2015 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: 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. 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. 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. (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. The use complies with all other applicable regulations for the districts in which it is located. This is correct. P & Z Minutes Page 8 August 5, 2015 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. Questions by Members: Szurek asked if this would be similar to the one Immaculate Conception has. Holmbeck said the signs for the schools will be monument signs, but the rest is similar. She stated that the messages can change no more than once every 10 minutes for religious or educational purposes. Szurek stated she had no problems with the request since Columbia Academy already has one. She wondered why they aren’t adding one at Valley View also. Public Hearing Opened. Tom Floyd, School District Maintenance Manager, told members that one will probably be added at Valley View eventually but they want to redo the parking and access area first. Cody Livingood 1600 49th Avenue lives next door to Highland Elementary. He said the illumination of the school lighting is already disruptive to the surrounding residential neighbors and he opposes two signs that will add additional lighting into their bedroom windows. He wanted to know if the signs and all the lighting around the school could be dimmed after 9 pm. Jim Totzke, 1630 Fairway Dr. opposes the signs. He said the light pollution is terrible at night. He’s lived there 23 years and the school district has not cooperated thus far when neighbors have made requests to redirect the lighting. He also brought a letter from another neighbor that couldn’t attend the meeting. Jeff Sharper, 1610 Fairway Dr. is also against the LED signs. He said the illumination of the signs is disruptive and makes it hard for his family to sleep. Fiorendino encouraged the residents to attend the meeting Monday night. He said the Zoning Code allows for the LED signs and they meet the requirements. However, he understands their concerns, but only the City Council can change the Code or policy. There was some discussion regarding whether the signs could be dimmed at night. Holmbeck stated that condition #7 did address this and the signs are required to be dimmed from dusk till dawn. However, the residents present still thought it would negatively impact them. Councilmember Murzyn asked if a timer could be used so the signs could be shut off completely during the hours of 10 pm to 6 am since the schools are located in a residential area. The members and the residents all thought this was a good solution to the problem. Floyd from the school district said he understands their concerns and then asked if the city can dictate this. Holmbeck said that yes, the City does have the right to establish such conditions, and that this shouldn’t create a hardship for the district. P & Z Minutes Page 9 August 5, 2015 Public Hearing Closed. Motion by Fiorendino, seconded by Buesgens, that the Planning Commission recommends 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 49th 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: 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. 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. 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. 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. 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. 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. P & Z Minutes Page 10 August 5, 2015 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. The sign shall not be lit between the hours of 10 pm and 6 am. 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). All ayes. MOTION PASSED. The following resolution will go before the city Council on Monday, August 5, 2015 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 49th 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 P & Z Minutes Page 11 August 5, 2015 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 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. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 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: 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. 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. 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. 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. 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. P & Z Minutes Page 12 August 5, 2015 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. 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. The Sign shall not be lit between the hours of 10 pm and 6 am. 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: CASE NUMBER: 2015-0803 APPLICANT: Jimmy’s Pro Billiards LOCATION: 4040 Central Avenue NE. REQUEST: Sign Variance Holmbeck explained that at this time Jimmy Wetch, representing Jimmy’s Pro Billiards is requesting a Variance for the sign located at 4040 Central Avenue NE. 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. 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. P & Z Minutes Page 13 August 5, 2015 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, 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 façade 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. P & Z Minutes Page 14 August 5, 2015 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: Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the Zoning Ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the Zoning Ordinance. The 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. 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. 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. 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 jimmy’s Pro Billiards is a commercial establishment; the variance request is consistent with the types of uses guided for this area. 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. 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 that were provided to you. P & Z Minutes Page 15 August 5, 2015 Questions by Members: Szurek stated that personally she isn’t against the signage of the business name, but feels the size of the chef and the billiard ball is too large. She doesn’t understand why he didn’t get permission before hand rather than ask for forgiveness now. Fiorendino stated it is evident that it doesn’t meet code. 100 sf is the allowable amount and this is 10 times that amount at 1,158 sf. He doesn’t feel Findings of Fact “A” or “B” have been met. He believes that it can conform and that the building is not unique from any others along Central Avenue. He said it is the Commission’s job to see that the sign code and Design Guidelines are met and that they are applied with consistency. Szurek agreed with Fiorendino that neither “A” or “B” have been met. They agreed a minor deviation in the square footage allowed may be acceptable, but this is a drastic abuse of that amount. Fiorendino again stated that in order to grant a variance it has to meet certain reasons or conditions. If it doesn’t meet those reasons, the Commission can’t legally grant one. The Commission can’t change the code, only interpret what it is. The Planning & Zoning Commission only makes recommendations to the Council who is the actual deciding body. Public Hearing Opened. Jimmy Wetch, owner of Jimmy’s Pro Billiards was present to answer questions. He said he has received a lot of positive feedback about the mural on the exterior of his building. He said he thinks it looks much nicer than painted window signage that others use throughout the city. Mr. Wetch said he has limited parking in the middle of the block so it is hard to attract customers to his business. He said his business does differ from the others in the area as he needs more than 5 or 6 people to support the type of business he has. Wetch didn’t think he was violating any city codes as he just considered painting a regular maintenance of the exterior. Instead of using one color he had it painted with the artwork. He went on to say that he doesn’t feel 100 sf of signage is enough for the size and location of his building. Buesgens suggested that some type of compromise could work such as leaving the chef and billiard ball, but reducing the size of the lettering-signage of the business name. Maybe by separating the two, a more realistic and acceptable square footage could be arrived at. Holmbeck suggested that Wetch contact the Arts Commission to see if they would support this as Public Art. If so, maybe they could offer their opinion to the City Council which may help him with his request. Public Hearing Closed P & Z Minutes Page 16 August 5, 2015 Motion by Fiorendino, seconded by Buesgens, that the Planning Commission recommends the City Council deny the request for a Variance regarding signage for the property located at 4040 Central Avenue NE., as it doesn’t meet Facts A or B. All ayes. MOTION PASSED. This matter will go to the City Council on Monday, August 5, 2015. CASE NUMBER: 2015-0804 APPLICANT: Washburn McReavy Miller Heights Chapel LOCATION: 4101 Central Avenue NE. REQUEST: Sign Variance 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. 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. 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 P & Z Minutes Page 17 August 5, 2015 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 façade 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: 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. 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. 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. P & Z Minutes Page 18 August 5, 2015 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. 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. 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. Questions from Members: Fiorendino asked Holmbeck if she thought the conditions are being met in this request. She said she did in that this business actually has 3 business sides, is a much larger building, and that the request is for a minor discrepancy in square footage allowed (100 sf allowed/24 sf additional being requested). Public Hearing Opened. Bill McReavy, owner of 4101 Central Avenue, explained the reason the business is requesting the variance. He said since they bought out the Miller-Taylor Chapel they still see a need to keep the Miller name so that the Chapel is recognizable since it has been an institution for many years in this community. Many families have done advanced funeral planning and they want to make it obvious that the businesses have combined. The signage proposed is clean, tasteful, and is not illuminated in any way. He said their image is important and it serves to tie the two companies together into one entity. Buesgens said she likes the simpleness and balanced look, and that it complements the building’s exterior. Public Hearing Closed. Motion by Buesgens, seconded by Fiorendino, to close the public hearing and waive the reading of Resolution 2015-57, there being ample copies available to the public. All ayes. MOTION PASSED. P & Z Minutes Page 19 August 5, 2015 Motion by Buesgens, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the Resolution No. 2015-57, approving the Variance for the property located at 4101 Central Avenue NE., 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. All ayes. MOTION PASSED. The following Resolution will go to the City Council on Monday, August 5, 2015 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: 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: Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the Zoning Ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the Zoning Ordinance. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. P & Z Minutes Page 20 August 5, 2015 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. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 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. OTHER BUSINESS Holmbeck said she has gotten several inquiries about how the Commission would go about amending the Zoning Code regarding Auto Repair Businesses along Central Avenue. She said a motion must be made by the Commission to ask the City Council to place a moratorium on the subject which allows time for research to be done in order to make a recommended amendment to the Code. Motion by Buesgens, seconded by Fiorendino, to ask the City Council to place a moratorium on Auto Repair related businesses in the Central Business District so that research can be done for the possibility of amending the Zoning Code. All ayes. MOTION PASSED. Holmbeck informed members that the required number of City Council members and the P & Z Commission have completed the online League of MN Cities class. She told members that now that this is done, staff would be setting up a more extensive member training in the near future. The meeting was adjourned at 8:50 pm. Respectfully submitted, Shelley Hanson Secretary