HomeMy WebLinkAbout2006-04-04 Minutes
PLANNING AND ZONING COMMISSION
MINUTES OF THE MEETING
April 4, 2006
7:00 PM
The meeting was called to order at 7:00 pm by Chairperson Szurek. .
Roll Call: Commission Members present-Thompson, Fiorendino, Peterson and Szurek.
Schmitt arrived at 7:03 pm.
Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson
(Secretary).
Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of March 8,
2006. All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2006-0201
APPLICANT: Jeff Bahe, Jeff’s Bobby and Steve’s
LOCATION: 3827 Central Avenue
REQUEST: Conditional Use Permit for Off-street Parking
On September 14, 1998, Dr. Gary Good, owner of the property located at 3827 Central Avenue, was
given a Conditional Use Permit (CUP) to allow an off-street parking lot in the R-3, Multiple Family
Residential District. Shortly thereafter, Jeff’s Bobby and Steve’s Autoworld bought the land to use as
their own. On September 19, 2000, Tim Johnson (City Planner) wrote Mr. Williams a letter (a copy
was enclosed in the agenda packets) explaining that the original CUP had become null and void
because certain conditions of the CUP were not fulfilled within a one-year period after approval. The
letter also stated that Mr. Williams would need to reapply for a second CUP prior to utilizing the
property as a parking lot for his business.
Jeff Bahe, d/b/a Jeff’s Bobby and Steve’s Autoworld, has recently applied for and received a CUP for an
outdoor storage lot in the City of Columbia Heights. During the application process, City Staff reviewed
the files pertaining to the Autoworld’s properties and determined that a second CUP had yet to be
approved for the property located at 3827 Central Avenue.
At this time, Mr. Bahe is requesting a CUP to allow for off-street parking in the R-3, Multiple Family
Residential District, for his business per Code Section 9.109 (G)(3)(f). The only vehicles allowed to
park in this parking lot will be those vehicles that have had repairs already made, and employees’
vehicles. The subject property has been used for the past 8 years as a storage lot for impounded
vehicles, or vehicles waiting to be worked on. Mr. Bahe’s request would enable the current property to
be cleaned up and used in a manner consistent with City Code.
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APRIL 4, 2006
PLANNING CONSIDERATIONS
Consistency with Zoning Ordinance
The subject property is located in the R-3, Multiple Family Residential District, as are the properties to
the north. The properties to the west and south are zoned GB, General Business, the same zoning
classification as Jeff’s Bobby and Steve’s Autoworld. The properties to the east are zoned R-2A, One
and Two Family Residential.
The Zoning Code at Section 9.109 (G)(3)(f) states that off-street parking is allowed in the R-3 District
for an adjacent conforming commercial use, as a Conditional Use, provided the lots are in common
ownership, the lots are not separated by a public right-of-way and the lots front on the same public right-
of-way. The two lots in question are under common ownership and front on the same public right-of-
way, being a common alley.
Consistency with Comprehensive Plan
The Comprehensive Plan designates the property as medium density residential use. Being that off-
street parking is allowed as a Conditional Use, the proposed use of the land would be consistent with the
Comprehensive Plan.
FINDINGS OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City 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.
Off-street parking is specifically listed as a Conditional Use in the R-3, Multiple Family
Residential District in the City of Columbia Heights.
(b)The use is in harmony with the general purpose and intent of the comprehensive plan.
The Comprehensive Plan guides this property as medium density residential. The proposed
use of the land would be consistent with the Comprehensive Plan.
(c)The use will not impose hazards or disturbing influences on neighboring properties.
The neighboring properties most affected by this proposal are the residents to the immediate
east. These properties are situated above the subject property and are oriented to Reservoir
Boulevard to the east.
The subject property has been used as a storage lot for the past 8 years, with as many
vehicles as possible occupying the lot. The proposed CUP would ensure that the number of
vehicles stored on the property could not exceed the number of striped parking spaces. For
this reason, there will be less vehicles stored on the property than ever before, making the
situation less obtrusive to the neighbors.
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APRIL 4, 2006
(d)The use will not substantially diminish the use of property in the immediate vicinity.
The use of the properties in the immediate vicinity will remain the same. As stated
previously, the property will only be allowed to store a set amount of vehicles, far less than
the number of vehicles that have been stored on the site for the previous 8 years.
(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.
Specific conditions regarding the use of this property will be outlined in the Resolution
approving the Conditional Use Permit. These conditions will ensure that the use will be
operated and maintained in a manner compatible with the appearance of the character of the
area.
(f)The use and property upon which the use is located are adequately served by essential public
facilities and services.
The property located at 3827 Central Avenue NE meets this criterion.
(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.
There will be less traffic congestion than previously due to the fact that fewer vehicles will be
permitted to be stored on the property.
(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.
Any negative effect that this use has had on the immediate vicinity will be diminished because
of the fact that fewer vehicles will be permitted to be stored on the property.
(i)The use complies with all other applicable regulations for the district in which it is located.
The proposed use will comply with all other applicable regulations for the district.
Staff recommends that the Planning Commission recommend the City Council approve the Conditional
Use Permit for off-street parking, subject to the conditions of approval provided in the recommended
motion.
Questions by Members:
Peterson questioned if the intention is to use the lot for employee parking and vehicles that have been
repaired, and waiting to be picked up, then tow trucks would not be used to deliver or remove
vehicles from this site. Mr. Bahe, the owner, stated that is correct. It is not a public parking area
and employees would be parking and removing the vehicles. He also stated that the site would be
configured differently and would be re-striped. Peterson asked if additional lighting would be
added as he had a concern about it affecting neighbors in the area. Mr. Bahe stated no additional
lighting would be installed. The alley lights currently in place are sufficient.
Schmitt asked if the area would continue to be used for the summer car shows. Mr. Bahe said it may, if
it is an approved use of the site. Jeff Sargent, Planner, said he would look into this and let him
know.
PLANNING & ZONING COMMISSION MINUTES
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APRIL 4, 2006
The Public Hearing was Opened:
No one was present to speak on this issue.
The Public Hearing was closed
Motion by Thompson, seconded by Schmitt, that the Planning Commission recommends the City Council
approve the Conditional Use Permit for off-street parking, 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:
1.All required state and local codes will be met and in full compliance.
2.Any new lighting used to illuminate the off-street parking area shall be shaded or diffused as to
deflect the light away from the adjoining property and a lighting plan will need to be reviewed
and approved by staff.
3.A six-foot high fence shall be erected along the property line abutting a residential district and
shall be at least 80% opaque.
4.A bumper curb of 5-7 inches high is required around the perimeter of the parking area.
5.There shall be a minimum of two feet of open space maintained between the required bumper
curb surrounding the parking area and the property line.
6.Driveways shall not exceed 6% grade and the parking lot shall be graded according to a
drainage plan, which have been approved by the Department of Public Works.
7.The parking lot will need to be striped, with required parking stalls measuring 9’ x 20’. A
minimum drive aisle width of 24 feet must be maintained at all times.
8.The parking lot may not be used for the storage of inoperable vehicles, junk vehicles, vehicles for
sale, or vehicles scheduled for repair at Jeff’s Bobby and Steve’s Autoworld. All vehicles stored
on the lot shall have current license tabs.
9.The number of vehicles stored in the parking lot is limited to the number of striped parking stalls
on site. A parking detail will be submitted to the Planning Department indicating the maximum
number of parking stalls available on the site.
Fiorendino asked about the requirement of a 6 ft. high privacy fence along the east side abutting the
Apartment Building. Currently, there is a 6 ft high cyclone fence along that property line with no
screening material. Mr. Bahe explained he does not wish to make this a privacy fence as he has
had a lot of problem with vandals hopping that fence and breaking into the vehicles stored on site.
He fears if screening is added it will increase the amount of vandalism of the vehicles.
Sargent explained it is a requirement of the Zoning Code that a fence with at least 80% opaqueness be
installed when a commercial property abuts a residentially zoned property such as this. He also
pointed out that the number of cars will be limited to 17, a reduction from the 30+ cars that have
been stored there previously. This in itself will increase visibility of the site and should help to
deter any trespassing on the site.
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APRIL 4, 2006
There was a discussion regarding the requirement in this circumstance. Szurek agreed with Mr. Bahe
and didn’t feel an opaque fence was necessary as the parking area being discussed abuts the parking
lot of the apartment building for the most part. And the elevation of the Apartment site is higher
than the 3827 Central site, so tenants will still overlook the parking lot even if the 6 ft fence is
screened.
Sargent said there is a mesh material that could be attached to the present fence that does not completely
block visibility, but would meet the 80% opaque coverage required.
The possibility of tabling this to seek a variance of this condition was discussed. However, it was
decided there is no hardship, which is necessary in order to obtain a variance.
Fiorendino reminded the members, their responsibility is to uphold the code as it is written. We cannot
make exceptions to the rule, even though in some circumstances it may make sense. The code is
written to represent what is best in “most” cases, and decisions must be made to ensure that issues
conform with the code requirements. Therefore, the motion will stand as made with the noted
conditions, including the need for a privacy fence along the property line abutting the apartment
property.
All ayes. MOTION PASSED.
The attached Resolution will go to the City Council at the April 10, 2006 meeting.
DRAFT RESOLUTION NO. XXXX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
JEFF BAHE OF JEFF’S BOBBY AND STEVE’S
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS,
a proposal (Case #2006-0201) has been submitted by Jeff Bahe to the City Council requesting a
conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 3827 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section
9.109 (G)(3)(f), to allow off-street parking in the R-3, Multiple Family Residential District.
PLANNING & ZONING COMMISSION MINUTES
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APRIL 4, 2006
WHEREAS,
the Planning Commission has held a public hearing as required by the city Zoning Code on April 4,
2006;
WHEREAS,
the City Council has considered the advice and recommendations of the Planning 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; and
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Columbia Heights after reviewing
the proposal, that the City Council accepts and adopts the following findings of the Planning Commission:
1. 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.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. 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.
6. The use and property upon which the use is located are adequately served by essential public facilities and
services.
7. 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.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative
effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED
, that the attached conditions, maps, and other information shall become part of
this permit and approval; and in granting this 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.
CONDITIONS ATTACHED:
1. All required state and local codes will be met and in full compliance.
2. Any new lighting used to illuminate the off-street parking area shall be shaded or diffused as to deflect the
light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff.
3. A six-foot high fence shall be erected along the property line abutting a residential district and shall be at
least 80% opaque.
4. A bumper curb of 5-7 inches high is required around the perimeter of the parking area.
5. There shall be a minimum of two feet of open space maintained between the required bumper curb
surrounding the parking area and the property line.
6. Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan,
which have been approved by the Department of Public Works.
7. The parking lot will need to be striped, with required parking stalls measuring 9’ x 20’. A minimum drive
aisle width of 24 feet must be maintained at all times.
8. The parking lot may not be used for the storage of inoperable vehicles, junk vehicles, vehicles for sale, or
vehicles scheduled for repair at Jeff’s Bobby and Steve’s Autoworld. All vehicles stored on the lot shall
have current license tabs.
PLANNING & ZONING COMMISSION MINUTES
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APRIL 4, 2006
9. The number of vehicles stored in the parking lot is limited to the number of striped parking stalls on site.
A parking detail will be submitted to the Planning Department indicating the maximum number of
parking stalls available on the site.
Passed this __ day of April 200_
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CASE NUMBER: 2006-0401
APPLICANT: James Sarna, Sarna’s Restaurant
LOCATION: 3955 University Avenue
REQUEST: 2-foot parking stall length variance
At this time, James Sarna, d/b/a/ Sarna’s Restaurant, is requesting a 2-foot parking stall length variance
throughout the project, per Code Section 9.106 (L)(7)(a). The proposed restaurant will be
approximately 6,000 square feet in area, with a seating capacity of 180 people. On October 24, 2005,
City Council approved the Preliminary Plat and three (3) variances for this project, including a 10-foot
setback variance for hard surface parking, an 8-foot height variance for the monument sign, and a 35
square foot area variance for the monument sign. The City Council has also approved the first reading
for the vacation of Lookout Place, which traverses through the property.
PLANNING CONSIDERATIONS
The property is zoned GB, General Business, as are the properties to the north, west and the east (along
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40 Avenue). The property also abuts some residential properties along the eastern property line zoned
R-3, Multiple Family Residential. The properties to the south are zoned I-1, Industrial.
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APRIL 4, 2006
The proposed building will be approximately 6,000 square feet with a seating capacity of 180 patrons.
The Zoning Code would require 54 parking stalls based on the maximum seating capacity of the
restaurant at 180 people. Currently, the proposed development includes 74 parking stalls on site, based
on a parking stall configuration of 9 feet wide by 20 feet deep. Based on projected project costs, as well
as the size and capacity of the building, the applicant has concluded that more parking would be
necessary on site to accommodate for more patrons needed to make the restaurant economically feasible.
The proposed variance would shorten the parking stall length from 20 to 18 feet, and would create an
additional 15 parking stalls for a total of 89 stalls on site. The applicant feels that 89 parking stalls
would be sufficient in conducting the restaurant business.
The applicants and City Staff have conducted some research as to the minimum parking stall lengths in
different cities throughout the metro. This information was provided in the agenda packets. City Staff
was most interested in those cities that most closely resemble Columbia Heights, as well as larger cities
in the area. It was determined that the cities of Crystal, New Brighton, St. Louis Park, Brooklyn Park,
and Brooklyn Center require only an 18-foot parking stall length. The exception for Brooklyn Park was
for head-on-head parking, in which the parking stall length increased to 19.5 feet.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The Comprehensive Plan guides this area towards “Transit Oriented Development”. The Comprehensive
Plan states that this classification focuses on the commuting needs of Columbia Heights residents. As a
result, a higher percentage of service-oriented commercial/retail development will be necessary with
high-density residential development providing the balance of the development. With the
Schaefer/Richardson and Ryland Homes project just to the south of the proposed Sarna’s Restaurant,
this type of use fits perfectly with the goals of the Comprehensive Plan.
FINDINGS
OF FACT
The following are required findings that the City Council must make before approving a variance
request in the City of Columbia Heights:
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
hardship
this article would cause undue .
The applicants stated that the site in its entirety has been extremely difficult to work with
because of the preexisting conditions imposed on it. The proposed location for the building
is the only place it can be placed due to existing utilities. Based on the size of the building
the applicants feel that strict adherence to the parking code would result in inadequate
parking for the overall project. If the variance was not granted, the applicants feel that the
excess parking required for the project would spill into the surrounding residential
neighborhoods. Granting the variance would enable the project to be self-contained and
would minimize the impact of the restaurant to the neighboring residential area.
PLANNING & ZONING COMMISSION MINUTES
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APRIL 4, 2006
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.
The use of the property is a restaurant in the GB, General Business District. The
configuration of the property, along with the size of the restaurant and the property yield a
small number of parking stalls available to the remainder of the site. These conditions are
unique to this particular piece of property attempting to accommodate a full-service
restaurant. Other similarly zoned parcels would not encounter the same encumbrances as
this particular piece of land.
3.The difficulty or hardship is caused by the provisions of this article and has not been created
by any person currently having a legal interest in the property.
The provisions of the Zoning Code require a 20-foot parking stall. The difficulty in this
situation is that the restaurant would not be able to function on the parcel if there were only
74 parking stalls on site. At the time of the variance request, the applicants did not have a
legal interest in the property, and are seeking a variance to fulfill the needs of the restaurant.
4.The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
The particular use of a restaurant in a Transit-Oriented Development, as described in the
Comprehensive Plan, is consistent with the intent of the Comprehensive Plan. Granting the
variance would not alter this.
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.
Granting of this variance would be beneficial to the welfare of the general public, as it would
not encourage restaurant patrons to park in the residential neighborhoods, or along heavily
traveled roadways.
The success of Sarna’s Restaurant hinges on the amount of parking that the property can accommodate.
The request of a 2-foot variance to the parking stall length is not extraordinary when compared to other
similar cities in the metro area. By granting this variance, the restaurant will be able to add an additional
15 parking stalls, further ensuring that the patrons would not be parking in the residential neighborhood
to access the restaurant. For these reasons, Staff recommends approval of the variance with the noted
conditions.
Questions by Members:
Fiorendino asked how many of the spaces will be 18 feet in length. Sargent stated that all of them
would be configured at this length if approved.
Schmitt questioned if this is acceptable for the handicapped spaces also. Sargent explained that there
will be 4 handicap spaces. The length of which will also be 18 feet, however they must provide for a 96
inch access isle for each of these handicap parking spaces.
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APRIL 4, 2006
Peterson asked about the four future spaces noted in the drawing in the NW corner. Sargent explained
this small piece of property is still owned by MN DOT. If this property can be obtained, it will provide
four more spaces.
Peterson also questioned the 18 ft. length in the head to head parking spaces. He felt this may be
inadequate, especially if there will be parking blocks versus painted striping. Sargent stated he believed
it would be painted striping and that this shouldn’t be an issue according to other cities that have allowed
this adjusted length policy. He said the 9 ft. width of the spaces and the 24 ft. aisle spaces provide
adequate room for maneuvering
Peterson asked whether the re-configured layout would provide adequate space for the dock trucks to
maneuver through the lot to gain access to the unloading dock of the neighboring property as agreed to.
Sargent explained the turning radius and aisle spaces should be sufficient for the delivery trucks.
Peterson wanted to know how this plan differs from the one originally submitted. Sargent said the
changes were minor. The building location was altered slightly and some of the parking areas were
curved a bit. He pointed out this plan is more neighbor friendly. It will allow for more parking in the
lot, which will reduce the amount of parking on the surrounding streets. Peterson was happy to see more
on-site parking, and would like to see no street parking allowed at all. However, Sargent said that would
be hard to do as they are public streets. He also reminded the members, they are voting on the length of
the spaces, not the number of spaces. Peterson asked how the figure of 54 required spaces is arrived at.
Sargent explained it it determined by the Zoning Code that requires 30% of the restaurant’s capacity.
And the original plan provided approximately 74 spaces. The new configuration with the 18 ft. length
adjustment would allow approximately 89 stalls on site. He felt this is a more realistic number.
The Public Hearing was Opened:
No one was present to speak on this matter.
The Public Hearing was closed:
Motion by Fiorendino, seconded by Schmitt,that the Planning Commission approve the 2-foot parking
stall length variance for the Sarna’s Restaurant with the following conditions:
1.All application materials, maps, drawings and other descriptive information submitted
with this application shall become part of the permit.
2.All access isles for handicap accessible parking shall be at least 96 inches.
3.Four (4) handicap parking spaces are required for 76-100 total parking spaces.
All ayes. MOTION PASSED.
upon execution and return of this document to the City Planning Office.
contingent
The attached draft Resolution will go to the City Council at the April 10, 2006 meeting.
PLANNING & ZONING COMMISSION MINUTES
PAGE 11
APRIL 4, 2006
RESOLUTION NO. XXXX
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR JAMES SARNA OF SARNA’S RESTAURANT
WHEREAS
, a proposal (Case # 2006-0401) has been submitted by James Sarna to the City Council requesting a
variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3955 University Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance as per
Code Section 9.106 (L)(7)(a).
WHEREAS,
the Planning Commission has held a public hearing as required by the City Zoning Code on April 4,
2006;
WHEREAS
, the City Council has considered the advice and recommendations of the Planning 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, where strict adherence to the provisions of this
Ordinance would cause undue hardship.
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 difficulty or hardship is caused by the provisions of this Ordinance and has not been created by
any person currently having legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive
Plan.
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 conditions, 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.
CONDITIONS:
1. All application materials, maps, drawings and other descriptive information submitted with this
application shall become part of the permit.
2. All access isles for handicap accessible parking shall be at least 96 inches.
3. Four (4) handicap parking spaces are required for 76-100 total parking spaces.
Passed this __ day of April 2005
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
PLANNING & ZONING COMMISSION MINUTES
PAGE 12
APRIL 4, 2006
CASE NUMBER: 2006-0402
APPLICANT: Dan Terzich, Frattallone’s Hardware Store
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LOCATION: 2261 - 37 Avenue NE
REQUEST: Conditional Use Permit for Seasonal Sales
Frattallone’s Ace Hardware has applied for a Conditional Use Permit to allow the operation of a
seasonal mini-garden center for flowering plants and retail sales. According to Section 9.106 (G)(5) of
the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The
ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The applicant
thth
proposes to operate the garden center for 90 days, from April 15 through July 15 (see attached letter).
The attached site plan illustrates the 21’x48’ tent location, which will be located directly in front of Ace
Hardware. This site plan and configuration remains unchanged from previous years. The greenhouse
structure will be the same as previous years with two, six-foot doors remaining open at all times during
business hours. There will be at least two fire extinguishers in the Flower Mart and all smoking will be
prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations.
The greenhouse will displace approximately seven parking spaces.
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This will be the Frattallone’s 13 year operating a temporary greenhouse at this location in Columbia
Heights.
PLANNING CONSIDERATIONS
Consistency with Comprehensive Plan
The Comprehensive Plan designates the property for commercial use, including retail sales, offices and
service businesses. The proposal is consistent with the intent of the City’s Comprehensive Plan.
Consistency with Zoning Ordinance
▪
The Zoning Map classifies the property as GB - General Business. Retail uses are allowed in this zoning
district.
The Frattallone’s proposal will impact approximately seven parking spaces. Overall, the proposed tent
will have relatively little impact on the site, as there is currently an abundance of parking spaces and
drive aisle access will not be impacted. Please note that the Fire Department has reviewed the proposal
and has no concerns regarding it.
FINDINGS OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to
grant a conditional use permit.
1.
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:
Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail
sales, which is permitted in the GB - General Business District.
PLANNING & ZONING COMMISSION MINUTES
PAGE 13
APRIL 4, 2006
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan:
The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as
greenhouses, is a permitted use in the commercial areas.
3. The use will not impose hazards or disturbing influences on neighboring properties:
The outdoor tent and related business proposed will be placed in the southeasterly portion of the
parking lot away from residential properties and should not have any detrimental impact on
neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity:
The garden center as proposed will have no impact on the use of adjacent properties.
5. 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:
Frattallone’s has been operating a seasonal greenhouse at this location for 12 years, with the
City experiencing no complaints. The proposed garden center should not negatively impact the
existing character of the vicinity.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services:
The property is currently served by adequate public roadways and necessary utilities.
7. 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:
The traffic generated by the garden center will not significantly increase the traffic on the public
streets, and the site is large enough to handle additional interior traffic.
8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity:
As indicated by prior descriptions, the garden center should not have a negative impact on other
uses in the immediate vicinity, which are zoned for residential and commercial uses.
9. The use complies with all other applicable regulations for the district in which it is located:
As determined by staff, the use complies with the applicable regulations of the GB General
Business District.
Staff recommends that the Planning Commission recommend the City Council approve the Conditional
Use Permit for seasonal agricultural sales subject to two conditions included in the recommended
motion.
Questions by Members:
No questions.
PLANNING & ZONING COMMISSION MINUTES
PAGE 14
APRIL 4, 2006
The Public Hearing was opened:
No one was present to speak on this issue.
The Public Hearing was closed:
Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends that the City
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Council approve the Conditional Use Permit for seasonal agricultural sales at 2261 - 37 Avenue NE
thth
from April 15 through July 15, 2006, 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:
1.The outdoor storage shall be located as indicated on the site plan.
2. A $500 deposit shall be submitted to the Community Development Department prior to
installation of the structures on the site. The deposit shall be refunded after the Conditional Use
Permit expires and the site has been cleaned up.
All Ayes. MOTION PASSED
.
The attached draft Resolution will go to the City Council at the April 10, 2006 meeting.
DRAFT RESOLUTION NO. XXXX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
FRATTALONE’S ACE HARDWARE
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS,
a proposal (Case #2006-0402) has been submitted by Frattalone’s ACE Hardware Stores to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
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ADDRESS: 2261 – 37 Avenue.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section
9.110 (E)(3)(e), to allow outdoor sales or display.
WHEREAS,
the Planning Commission has held a public hearing as required by the city Zoning Code on April 4,
2006;
WHEREAS,
the City Council has considered the advice and recommendations of the Planning 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; and
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Columbia Heights after reviewing
the proposal, that the City Council accepts and adopts the following findings of the Planning Commission:
1. 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.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. 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.
PLANNING & ZONING COMMISSION MINUTES
PAGE 15
APRIL 4, 2006
6. The use and property upon which the use is located are adequately served by essential public facilities and
services.
7. 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.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative
effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED
, that the attached conditions, maps, and other information shall become part of
this permit and approval; and in granting this 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.
CONDITIONS ATTACHED:
1. The outdoor storage shall be located as indicated on the site plan.
2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the
structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site
has been cleaned up.
Passed this __ day of April 200_
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
NEW BUSINESS
None
MISCELLANEOUS
Sargent updated the members on the Linders Greenhouse case that was approved last month. He spoke
with the applicant and he said there was no problem setting up the greenhouse and maintaining the
required 20 ft. access to the rear of the tent.
The meeting was adjourned at 8:00 pm
Respectfully submitted,
Shelley Hanson
Secretary