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HomeMy WebLinkAboutNOV 4, 2015 P & Z minutes DRAFT MINUTES OF PLANNING AND ZONING COMMISSION NOVEMBER 4, 2015 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Buesgens, Lee, Hoium, and Szurek. Members Absent: Fiorendino Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Buesgens, seconded by Hoium, to approve the minutes from the meeting of October 6, 2015. All ayes. MOTION PASSED. Szurek asked what the outcome of last month’s LED sign requests were. Holmbeck told her the City Council followed the recommendations of the Planning & Zoning Commission and approved the CUP with the conditions noted, but denied the Variance regarding the size of the sign. She stated the applicant has decided to wait until the sign code is changed to decide if he will proceed investing in an LED sign based on the size that will be allowed. PUBLIC HEARINGS CASE NUMBER: 2015-1101 APPLICANT: John Holmberg, Owner nd LOCATION: 4224 2 Ave NE REQUEST: Variance Holmbeck stated that John Holmberg is requesting a Variance for a proposed accessory structure nd (garage) at the property located at 4224 2 St. NE. The Variance request is for the following three deviations from City Code: 1.Waiver to Section 9.106 (C) (1) (c)-allowing an accessory structure to be located to the side of the principal structure, rather than behind the building line. City Code requires that detached accessory structures be located behind the principal structure building line. 2.Waiver to Section 9.106 (C) (1) (e)-allowing the combination of accessory structures to exceed the maximum allowed square footage by 8 square feet. City Code allows for a maximum of 1,000 square feet in area, for accessory structures. The applicant is proposing to have two accessory structures on the lot, with a combination of 1,008 square feet in area. 3.Waiver to Section 9.106 (C) (1) (f)-allowing an accessory structure to exceed the maximum allowed height by 2 feet and 7 inches. City Code requires that accessory structures do not exceed 18 feet in height. The proposed garage height is 20’ 7”. P & Z Minutes Page 2 Nov 4, 2015 ZONING ORDINANCE The property is located in the R-2A, One and Two Family Residential Zoning District. The properties to the north, south, east and west are also located in the R-2A, One and Two family Residential Zoning District. The properties to the southeast are located in the R-2B, Built as Duplexes Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for low density residential. Being that the proposed accessory structure would be for the existing house on the property, the Variance request is consistent with the types of uses guided for this area. FINDINGS OF FACT 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. The applicant’s property is a larger parcel when compared to many of the lots in Columbia Heights. The parcel is comprised of three 40 foot lots, and one 20 foot lot. The lots were previously combined at some time in the past. In order to keep the existing garage and utilize the alley for access to the new garage, the applicant is proposing to build the garage in the backyard, but off to the side of the existing house. Currently, there would not be enough room to keep the existing garage and add an additional garage behind the building line of the home. The applicant has stated that the house on the property is small, and as such, poses difficulties in terms of storage on the property. The previous owner had built a carport attached to the existing garage and two additional sheds on the parcel. The applicant is proposing to take down these structures. The original garage would be kept on the property, directly behind the house, and the new garage would be constructed in the backyard, off to the side of the home. According to the applicant, the height and square footage Variance requests, will allow the property owner to maximize storage on the property. b)The conditions upon which the Variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This is correct. The majority of the lots in Columbia Heights range from 40, 50, and 60 feet in width. The subject property’s dimensions are 140 X 130 with total of 18,200 square feet. The majority of the lots throughout the City are on average, between 5,200 and 9,100 total square feet. The subject property is well over double the total square footage of a typical lot in Columbia Heights. P & Z Minutes Page 3 Nov 4, 2015 c)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. This is correct. d)The granting of the Variance is in harmony with the general purpose and intent of the Comprehensive Plan. This is correct. The Comprehensive Plan designates this property as low density residential. The applicant is proposing a modern garage for the existing single family home. 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. The granting of the variances should not be materially detrimental to the public welfare or the use of the properties in the vicinity. Additionally, since the public hearing notices were sent out to the neighboring properties within 350 feet of the subject property, and posted in the local paper, there have been no concerns brought forth at this time. nd Staff recommends approval of the Variances for an accessory structure, to be located at 4224 2 Street NE. Questions from members: Hoium asked why the garage had to be placed completely behind the house. He said he has observed others throughout the city that are positioned differently-but agrees they should be placed even with the house line or back. Holmbeck said there are many throughout the City that were built before the current language was added to the code. He then asked why the garage had to be 20’7” in height. Lee asked if there would be an apartment in the top area of the garage. Holmbeck told members that dwelllings units above a detached garage space are not allowed by our code. He can use it for a studio space or storage space, but no one can reside in the space. Szurek asked if the existing shed would be removed, and if it is, he could position the structure properly. She stated it will look like two homes are located on this property. P & Z Minutes Page 4 Nov 4, 2015 Public Hearing Opened. John Holmberg, the applicant was present to answer these questions. He told members that the existing garage will be kept, but the additions to the garage will be removed along with the carport and 2 sheds. The old garage will have 280 sf and the new garage is proposed to be 728 sf for a total of 1008 sf. This will comply with the maximum number of accessory building allowed, which is two. Holmberg stated that he deliberately designed the new garage structure to look like the house as he thought it would be aesthetically pleasing, and that is the reason for the extra height. He is aware that he cannot use the upper space as a dwelling unit. He said it is planned for storage only. Public Hearing closed. Motion by Buesgens, seconded by Hoium, to close the public hearing and waive the reading of Resolution 2015-89, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Hoium, that the Planning Commission recommends the City Council approve the Resolution No. 2015-89 approving Variances for the property located at 4224 nd 2 Street NE., 1.Waiver to Section 9.106 (C) (1) (c)-allowing an accessory structure to be located to the side of the principal structure, rather than behind the building line. City Code requires that detached accessory structures be located behind the principal stricture building line. 2.Waiver to Section 9.106 (C) (1) (e)-allowing the combination of accessory structures to exceed the maximum allowed square footage by 8 square feet. City Code allows for a maximum of 1,000 square feet in area, for accessory structures. The applicant is proposing to have two accessory structures on the lot, with a combination of 1,008 square feet in area. 3.Waiver to Section 9.106 (C) (1) (f)-allowing an accessory structure to exceed the maximum allowed height by 2 feet and 7 inches. City Code requires that accessory structures do not exceed 18 feet in height. The proposed garage height is 20’ 7”. All ayes. MOTION PASSED. The following Resolution will go to the City Council Monday, November 9, 2015. P & Z Minutes Page 5 Nov. 4, 2015 RESOLUTION NO. 2015-89 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE ND FOR 4224 2STREET NE. WHEREAS , a proposal (Case # 2015-1101) has been submitted by John Holmberg to the City Council requesting a Variance from the City of Columbia Heights Zoning Code at the following site: nd ADDRESS: 4224 2 Street NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1. Waiver to Section 9.106 (C) (1) (c)-allowing an accessory structure to be located to the side of the principal structure, rather than behind the building line. City Code requires that detached accessory structures be located behind the principal structure building line. 2. Waiver to Section 9.106 (C) (1) (e)-allowing the combination of accessory structures to exceed the maximum allowed square footage by 8 square feet. City Code allows for a maximum of 1,000 square feet in area, for accessory structures. The applicant is proposing to have two accessory structures on the lot, with a combination of 1,008 square feet in area. 3. Waiver to Section 9.106 (C) (1) (f)-allowing an accessory structure to exceed the maximum allowed height by 2 feet and 7 inches. City Code requires that accessory structures do not exceed 18 feet in height. The proposed garage height is 20’ 7”. WHEREAS, the Planning and Zoning Commission has held a public hearing as required by the City Zoning th Code on November 4, 2015; WHEREAS , the City Council has considered the advice and recommendations of the Planning and Zoning 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 nsive Comprehe Plan. P & Z Minutes Page 6 Nov 4, 2015 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED , that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. th Passed this 9 day of November, 2015. OTHER BUSINESS- A.Auto Related Uses-Moratorium-Ordinance 1622 Based on the request from the Planning & Zoning Commission to pursue a moratorium on all auto related uses throughout the City of Columbia Heights, Ordinance 1622 will go before the City thrd Council November 9 and November 23 to place a 6 month moratorium. This will allow time to complete a study assessing the need for an amendment to the Zoning Ordinance as it pertains to auto related uses. B.Floodplain Ordinance Update-Ordinance 1623 Under the direction of the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources (MNDNR), Cities throughout Anoka County are tasked to update their floodplain ordinances to incorporate new countywide Flood Insurance Rate Maps (FIRM). th These maps will become effective December 16, 2015. The City current ordinance as it relates to floodplain management, dates from 1993. Since 2005, FEMA has added some new required language, and the MNDNR has made revisions to the State’s model ordinances. Ordinance No. 1623 (attached) includes the required updates and must be adopted by the City Council. This ordinance will amend Section 9.113 (B) of the Zoning Ordinance. The new countywide Flood Insurance Rate Maps are available to view at City Hall during regular business hours. C.Reminder of League of MN Cities On-Site Training Holmbeck reminded members of the training that will be held at City Hall on Tuesday, November th 17 at 3:00 pm. She stated that this training is for members of the Planning Commission, and that the City Council has also been invited. The training is expected to last approximately two hours. The meeting was adjourned at 7:28 pm. Respectfully submitted, Shelley Hanson Secretary