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HomeMy WebLinkAboutPlanning Report CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-1201 DATE: December 4, 2007 TO: Columbia Heights Planning Commission APPLICANT: VFW Post #230 LOCATION: 4438, 4442, 4446 Central Avenue REQUEST: Zoning Amendment for Rezoning of Parcels PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the VFW Post #230 is requesting a rezoning of the properties located at 4438, 4442 and 4446 Central Avenue from Limited Business District (LB) to General Business District (GB). The VFW Post #230 is located at 4446 Central Avenue and is currently zoned LB. The Zoning Code does not allow for the VFW use in the LB zoning district, meaning that the VFW is currently considered legally nonconforming. Since the smoking ban throughout Minnesota went into effect on October 1, 2007, the VFW has contacted the City regarding the possible construction of an outdoor smoking area for its patrons. The legally nonconforming status of the building does not allow any type of expansion to the building under Minnesota State Statute 462.357, subd. 1e. For this reason, the only way in which the VFW could construct any type of addition to its building would be if the property were rezoned to a classification that would allow the VFW use. The property to the south of the VFW is a single-family house, located at 4442 Central Avenue. The property to the south of 4442 Central Avenue serves as over-flow parking for the VFW and is owned by the same. The request to rezone the three parcels to GB would keep the consistency of zoning classifications between the VFW and its over-flow parking lot. Single-family homes are not permitted in the LB District, so the home located at 4442 is currently considered legally nonconforming for this reason. The GB District also does not allow for single-family homes. Rezoning the parcel at 4442 Central Avenue from LB to GB would not change building’s classification as a legally nonconforming structure. City of Columbia Heights Planning Commission December 4, 2007 VFW Post #230 Case # 2007-1201 COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property for Commercial Use. Therefore, the rezoning of the property from LB to GB would be consistent with the intended use of the property, and thus consistent with the Comprehensive Plan. ZONING ORDINANCE The VFW use would be consistent with the types of uses allowed with the proposed zoning classification of the property as General Business. By rezoning the property, the City would bring the VFW into conformity with the zoning ordinance, and the VFW would no longer be considered legally nonconforming. With the rezoning complete, the VFW would be able to apply for a building permit for the construction of an outdoor smoking area. 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 Comprehensive Plan currently guides the property for Commercial Use. Therefore, the rezoning of the property from LB to GB would be consistent with the intended use of the property, and thus consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. Currently, the building located at 4446 Central Avenue is a nonconforming use, as a VFW is not permitted in the LB District. The proposed rezoning of the property would bring the VFW into compliance with the Zoning Code. Bringing nonconforming uses into compliance with the zoning code is beneficial to the City. 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 existing uses of the properties are: the VFW, a single-family house, and a parking lot. The VFW use is consistent with the types of uses allowed along Central Avenue. All the parcels on the east side of Central Avenue are zoned GB as well. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in Page 2 City of Columbia Heights Planning Commission December 4, 2007 VFW Post #230 Case # 2007-1201 the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The trend of development and redevelopment along Central Avenue has promoted Central Avenue as the main commercial corridor for Columbia Heights. The LB zoning classification is restrictive in allowing the types of uses that are compatible with the remainder of Central Avenue. The GB zoning classification is more consistent with the types of uses that Central Avenue promotes. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the rezoning of the properties located at 4438 Central Avenue, 4442 Central Avenue and 4446 Central Avenue from Limited Business District (LB) to General Business District (GB). Attachments Location Map  Zoning Map  Draft Rezoning Ordinance  Page 3