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HomeMy WebLinkAboutPlanning Report CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0803 DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Garage Sales PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The City of Columbia Heights has received some concerns regarding the number of garage sales that are permitted per property per calendar year. The current zoning codes states, “residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location”. Staff has realized that this would be very difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar year. An article has recently been written in the paper (attached), listing the number of garage sale events allowed in some cities. Staff conducted some research and found regulations for other cities not mentioned in the article. They are: 1. Edina: 1 per year 6. New Hope: 3 per year 2. Minneapolis: 2 per year 7. Maple Grove: 4 per year 3. Maplewood: 2 per year 8. Bloomington: 4 per year 4. St. Louis Park: 2 per year 9. Crystal: 4 per year 5. Richfield: 3 per year At this time, staff recommends amending the zoning code to allow for no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. The purpose of this amendment is for the city to have an easier way to measure the number of garage sales conducted on a property. The intent is that the enforcement of this provision would only occur upon complaints being made against the property operating the garage sale. City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, Garage Sales Case # 2008-0803 COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to promote and preserve the single-family housing stock as the community’s strongest asset. By amending the zoning ordinance to allow no more than two garage sales per property per calendar year, the city would be allowing activities normally conducted in residential neighborhoods, while ensuring that residents do not turn garage sale events into commercial activities. The ordinance change would also preserve the housing stock by making sure that neighborhoods remain uncluttered with constant garage sale traffic. ZONING ORDINANCE The current zoning codes states, “residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location”. Staff has realized that this would be very difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar year. The proposed change would restrict the number of garage sales per calendar year to two. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The amendment is consistent with the Comprehensive Plan, as it would help preserve the city’s single-family housing stock as its strongest asset. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect the entire city and would ensure that activities conducted in residential neighborhoods are those normally found in such zoning districts. The amendment would also ensure that properties would not be able to turn garage sale events into commercially related activities. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular Page 2 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, Garage Sales Case # 2008-0803 property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION Staff recommends amending the zoning code to allow for no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. The purpose of this amendment is for the city to have an easier way to measure the number of garage sales conducted on a property. The intent is that the enforcement of this provision would only occur upon complaints being made against the property operating the garage sale. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment, requiring that no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. Attachments  Draft zoning ordinance  Garage Sale Article Page 3