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HomeMy WebLinkAbout2017-52RESOLUTION NO. 2017 -52 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for outdoor storage on the property located at 725 39th Ave. NE. Whereas, a proposal (Case # 2017 -0601) has been submitted by Mark Jedele on behalf of Total Export, Inc. to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 725 39th Ave. NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.104 (H), to allow for outdoor storage on the property located at 725 39th Ave. NE. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on June 6th, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning 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; Now, therefore, be it resolved, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: 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: (a) 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. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (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. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (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. City of Columbia Heights - Council Resolution Page 2 (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use 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. The Conditional Use Permit is 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: CONDITIONS 1. The outdoor storage area shall be accessory to a commercial or industrial use. 2. Outdoor storage within the public right -of -way is prohibited. 3. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. 4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. 5. The storage area shall be fenced and screened from adjacent uses and the public right- of -way. Required screening shall consist of a fence, wall, earth berming and /or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. The fence cannot exceed 7 feet in height. All screening will be installed within 3 months from the date the Conditional Use Permit is approved. 6. All goods, materials and equipment shall be stored on an impervious surface. 7. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 9. Combustible storage cannot be located within 10 feet of lot line. Exception to this is if the storage is reduced to no more than 6 feet in height it can be within 3 feet of lot lines. 10. Outside storage cannot be located under unprotected eaves, canopies, projections, or overhangs of a structure if the structure is sprinkled. 11. No truck traffic associated with the use of the property will be allowed on Jackson Street. The curb cut off of Jackson Street cannot be used for entering or exiting. 12. Any barbed wire adjacent to residential properties must be removed. 13. The building on the subject property encroaches into the City Right of Way. The applicant must have an encroachment agreement written which addresses any work within the City Right of Way. The applicant must work with the Public Works Director /City Engineer to determine the terms of the encroachment agreement. The applicant must provide a recordable document for the City to review within 30 days of the approval of the Conditional Use Permit. The applicant is responsible for recording the encroachment agreement with the Anoka County Recorder's Office. 14. The proposed fencing along the adjacent northern and eastern residential property lines must be 80% opaque year round. Fencing materials must be approved by the Zoning Administrator. 15. All areas on which vehicles are parked must be paved surfaces, per the Zoning Ordinance. 16. Vehicles that are visible from the street or adjacent residential properties must be parked in an orderly City of Columbia Heights - Council Resolution Page 3 fashion, in appropriately sized and striped parking spaces, per the Zoning Ordinance. 17. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 18. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. ORDER OF COUNCIL Passed this 12th day of June, 2017. Offered by: Murzyn, Jr. Seconded by: Buesgens Roll Call: All Ayes Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary