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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
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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
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