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HomeMy WebLinkAbout2009-10-20 Minutes Special Mtg PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING OCTOBER 20, 2009 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Schmitt, Peterson, and Szurek. Members absent: Fiorendino Also present were Jeff Sargent (City Planner), and Shelley Hanson (Secretary). PUBLIC HEARINGS CASE NUMBER: 2009-1002 APPLICANT: Jimmy John’s Restaurant LOCATION: 4955 Central Avenue REQUEST: Site Plan Approval, Variances INTRODUCTION Sargent explained that Jimmy John’s Restaurant is requesting a Site Plan approval for the construction of a new restaurant located at 4955 Central Avenue. As part of the approval process, the applicant is also requesting three variances. They are as follows: 1.A 2.7-foot rear yard parking setback variance per Code Section 9.110 (C). 2.A 2.5-foot side yard parking setback variance per Code Section 9.110 (C). 3.A 2-foot drive aisle width variance per Code Section 9.106 (L)(11). BACKGROUND Jimmy John’s Restaurant would like to locate a store within the City of Columbia Heights. Currently, they have signed a letter of intent to locate their restaurant at 4955 Central Avenue, home to the former Jiffy Lube. Jimmy John’s has expressed interest in being able to start construction in 2009, and given how late in the construction season it is, Staff felt that holding a special meeting would be appropriate. He noted that the demolition permit has already been issued for the Jiffy Lube Building. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These include preserving and enhancing the existing commercial areas within the community; advocating high quality development and redevelopment within the community; and enhancing the economic viability of the community. The applicant’s proposal is a commercial proposal, which replaces a run-down and old building with a new building that would meet the intent of the Design Guidelines established for the area. For this reason, the proposal is consistent with the Comprehensive Plan The Design Guidelines were adopted by the City Council to increase the visual appeal and pedestrian orientation of certain major street corridors within the city, thereby increasing the economic vitality Page 1 of these corridors, and supporting the goals of the Comprehensive Plan. The guidelines represent the minimum standards for design quality and have been implemented by a number of new businesses that have located within the City. Even though the proposed plans submitted by the applicant include two deviations from the Design Guidelines, the deviations are consistent with the intent of the Design Guidelines and contextually acceptable in the overall design of the project. ZONING ORDINANCE The property located at 4955 Central Avenue NE is zoned GB, General Business, as are the properties to the north, south and west. The properties to the east are zoned R-2A and R-2B, One and Two Family Residential. The property is also located within the Design Guideline Highway District and is subject to the regulations for such properties. Parking. Fast food restaurants with drive thru convenience require six (6) parking stalls plus one (1) parking stall for each 40 square feet of service/dining area. The proposed restaurant will have 680 square feet of dining area. Therefore, the project requires 23 on-site parking stalls. The proposed site plan indicates 23 on-site parking stalls, two of which accommodate parallel parking. Drive-Thru Facilities. The Zoning Code requires a minimum of six (6) stacking spaces per drive thru lane. The proposed plans indicate six (6) stacking spaces. The Zoning Code also requires a minimum drive aisle width for drive thru facilities at 12 feet, exclusive of any other required drive aisles. On the east side of the property, the applicant is proposing a one-way drive aisle for traffic exiting the property in the same general location as the drive aisle for the drive-thru. The combined width of this area is required to be 24 feet. The proposal is for this area to be only 22 feet in width. For this reason, a 2-foot width variance is required. Sargent noted that entrance to the site will be from the Central Ave frontage road and that vehicles will be able to exit onto the service road or onto th 50 Avenue. Landscaping . The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a minimum of 100 square feet of landscape area and one over-story tree for each 20 spaces or fraction thereof as well. 4955 Central Avenue has 250 feet of street frontage, and incorporates 23 parking spaces. This requires six (6) trees, one of which shall bean over-story tree, and 100 square feet of landscape area. The proposed plan indicates a total of six (6) trees, all of which are over-story trees, and approximately 1,000 square feet of landscaped area, meeting the City’s minimum requirements in both regards. Included in the landscape plan for the project will be 13 shrubs. Signage. The Sign Code allows the building to have 2 square feet of signage for each 1 foot of th building frontage, capped at 200 square feet. The proposed restaurant is located on the corner of 50 Avenue and Central Avenue, and thus has a total of 92 feet of street frontage. For this reason, the building would be allowed up to 184 square feet of signage. The sign plan indicates a total of 75 square feet of signage, meeting the maximum requirements. The proposed plan also indicates the use of a monument sign, located 5 feet from the front and side property lines. City Code requires monument signs to be no greater than eight (8) feet in height, no larger than forty (40) square feet in area, and shall have a masonry base to match the principal structure. The monument sign is also subject to regulations regarding its illumination, as determined by the Design Guidelines. As the applicants do not yet have plans for the proposed monument signs, they shall be held to the City Code requirements and the final monument sign will be approved by the City Planner during the sign permit application process. Page 2 Stormwater Management . The subject parcel is around one-third of an acre and currently does not utilize any type of stormwater management system. Typically, the rainwater runoff would be collected from the site by the municipal utilities. However, the water draining from this property ultimately ends up in Sullivan Lake, which is considered an impaired waterway by the DNR. For this reason, a stormwater management fee will be calculated and applied to the project in order to pay for the services needed to clean the rainwater runoff prior to it entering Sullivan Lake. Design Guidelines . The project is located at 4955 Central Avenue, which is also located within the Design Overlay Highway District. Properties located in this district are subject to design guidelines when discussing the placement of the building on the lot, the height of the building, architectural details of the building, and signage. The design guidelines build on and complement recently completed streetscape improvements to the Central Avenue business district. They were developed by consultants, and a Citizen Task Force with representatives from the City Council, Planning Commission, area business owners and landowners, and interested citizens, and are mandatory. It is assumed that the intent of the guidelines should be met, however, it is understood that there may be alternative ways to achieve the same design objectives. The City may permit alternative approaches that, in its determination, meet the objective(s) of the design guideline(s) equally well. The City may also waive any guideline when specific physical conditions of the site or building would make compliance more difficult or inappropriate. Some Design Guideline elements that have been met are as follows: FRANCHISE ARCHITECTURE. Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is prohibited unless it employs a traditional storefront commercial style. The Jimmy John’s building itself is not shaped in a way that distinguishes the building as a Jimmy John’s Restaurant, and it also employs a traditional storefront commercial style. For this reason, the proposed building meets the Design Guidelines pertaining to franchise architecture. DRIVE THRU FACILITIES. Drive-thru elements shall be placed to the side or rear of the principal building, and shall not be located between any building façade and Central Avenue. The proposed location of the drive-thru elements is located on the north side of the building, behind the front face of the restaurant. The orientation of the building to Central Avenue is directly related to the location of the drive-thru facilities. City Staff feels that it would be more desirable to have the drive-thru elements located correctly on the property than to have the building oriented correctly. PRIMARY FACADES. The base or ground floor of the building shall include elements that relate to the human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation. The Jimmy John’s building design incorporates brick, windows, awnings and building projections, all achieving the intent of the Design Guidelines. Page 3 FINDINGS OF FACT (Variances) The applicant is proposing two variances per Code Section 9.110 (C) pertaining to parking setback requirements. The first is a 2.7-foot rear yard setback variance, and the second is a 2.5-foot side yard setback variance. The applicant is also proposing a 2-foot drive aisle width variance per Code Section 9.106 (L)(11). Section 1.104 (G) of the Columbia Heights Zoning Code requires that the City Council make each of the following five (5) findings before approving a variance: a)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 this article would cause undue hardship. The subject property is only 115 feet in width and 135 feet in depth. This small lot configuration makes it extremely difficult to place a building, drive aisles, parking stalls and landscaping without needing a variance to do so. The shape of the property, therefore, drives the setback variance requests for parking and drive aisles. b)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. This property is unique in that it is an extremely small commercial piece of property located on a corner. Setback requirements are more restrictive when applied to two separate rights- of-way instead of only one. There are few other properties along Central Avenue where this is the case. c)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 provision of the City Code requires specific setback standards for parking that would make development on this property very difficult to manage, if not impossible due to the small lot area that the applicant has to work with. d)The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this property for commercial redevelopment. The granting of the variances would aide in fulfilling the goals of the Comprehensive Plan for this area. e)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. The granting of the variances would enable the development of a new restaurant and would remove an abandoned and unutilized commercial building. The requested variances will not be detrimental to the public welfare or use of properties in the vicinity. Page 4 FINDINGS OF FACT (Site Plan Approval) Section 9.104 (N) of the Columbia Heights Zoning Code requires that the Planning Commission make each of the following four (4) findings before approving a site plan: 1.The site plan conforms to all applicable requirements of this article. As stated previously, the project site is located in the Design Overlay Highway District. There are two proposed deviations from the Design Guidelines for the construction of the Jimmy John’s Restaurant building as currently presented. They include the following: Building Placement . The Design Guidelines require the buildings to have a well-defined front façade with primary entrances facing the street. Buildings should be aligned so that the dominant lines of their facades parallel the line of the street and create a continuous edge. The Jimmy John’s building has a well-defined front façade facing Central Avenue, however, the dominant lines of the building do not face that direction. The dominant façades are perpendicular to Central Avenue rather than parallel, which does not meet the Design Guidelines criterion. Staff has determined that the proposed placement of the building on the property is the only location that will adequately provide parking stalls and drive aisle placement, while still providing the adequate space for the building and drive-thru facilities. As stated previously, the orientation of the building and the location of the drive-thru elements are directly related. The applicant and staff agreed that locating the drive-thru elements correctly had a greater visual impact than orienting the building correctly. Building Height. All buildings shall have a minimum cornice height of 22 feet in order to create an increased sense of enclosure and diminish the perceived width of the street. This also conveys a multi-story appearance even if the building has only one occupied floor. Given the width of the proposed building and the size of the lot, a 22-foot height requirement would make the structure look disproportional. Staff feels that a deviation from the Design Guidelines in this respect still meets the intent. 2.The site plan is consistent with the applicable provisions of the City’s Comprehensive Plan. The applicant’s proposal is a commercial building, and therefore consistent with the Comprehensive Plan. 3.The site plan is consistent with any applicable area plan. Currently, there is no area plan for the proposed project area. 4.The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed plans are consistent with the Zoning Code in regards to building setback and screening from adjacent residentially zoned parcels. For this reason, the site plan minimizes and adverse impacts on property in the immediate vicinity and public rights-of- way. Page 5 The construction of a new Jimmy John’s Restaurant would give the City an opportunity to replace an abandoned run-down commercial building with a new structure. Staff feels that the end product will be an asset to the community, and will aid in the effort to redevelop older portions of Central Avenue. For these reasons, staff recommends approval of the site plan and variances. Questions from Members: Thompson said he would defer to members of the task force that worked on the Design Guidelines and wanted to know what their intent was for the building height requirement. Szurek said the height requirement was put in as a guideline that would apply to most buildings along Central Avenue, but because this building and site is much smaller than others along Central, she feels the requirement should be flexible as it would make the building look odd. She said the slight deviation from the height requirement is acceptable and still meets the intent of the guidelines. Thompson then questioned whether the parking spaces should be 20 feet in length instead of the proposed 18 feet. He noted that some of the 18-foot spaces abut the sidewalk area so vehicles will overhang onto the sidewalk. Sargent said an Ordinance change a few years back allows for 18 foot length spaces, even if they abut a curb or sidewalk. The previous Ordinance did require parking spaces to be 20 foot in length. He told members that the application meets current policy, and therefore, does not require any variances. He also noted that the parallel parking spaces are 24 foot in length for vehicles needing extra length. If the commission wishes to change the requirements, it would require another policy change. Schmitt asked how many patrons the restaurant would seat. John Patterson (Designer/Constractor) responded that the seating plan was not 100% complete yet, but that seating would be minimal. The majority of their patrons are take out, drive-thru, and delivery. Schmitt has concerns about customers th coming in the wrong way off 50 Avenue that is designated as exit only. She would like to see that access changed to two-way, even if it means giving up some of the parking spaces. Sargent stated that Public Works and MN Dot are also reviewing the plans, and thus far, feel the traffic flow proposed on the site is the best design. He said it is similar to that used at the Taco Bell site. Peterson stated he went and looked at the site closely and has three concerns: th 1.The Plan as it stands is too close to 50 Avenue and makes the intersection seemed cramped. 2.Although the Design Guidelines say Drive-thrus can’t face Central Avenue, he doesn’t th think they should face 50 Avenue either. 3.If the north side is constructed as shown on the proposed plan, he thinks it is boring and not attractive to the residents in the area or to the traffic flow they are hoping to entice to the site. His first impression was that it was generally a good design, but after consideration, he feels the plan should be reversed. Peterson thought by reversing the plan, it would eliminate access and exit problems, make traffic flow on the site easier, that it would eliminate the need for a double traffic lane in drive-thru area and would enable the dumpster to be located in a better spot. Dan Vansteenburg, the franchisee, agreed the north wall on the proposed plan that was submitted was plain. He said they have already decided to add more windows, awnings, and signage to that side to make it more aesthetically appealing. He also stated that they tried a design such as the one suggested by Commission member Peterson, but that it didn’t allow for a large enough kitchen to ensure a profitable business from an operational standpoint. He told members they had worked on Page 6 eight different designs for the site and the only way they could meet parking requirements and most of the design guidelines was to construct the building as submitted. He explained they also put all the requirements into the CAD System and this layout for the site was the only one that came close to working. Peterson didn’t understand how parking would be affected by reversing the plan. He also expressed his concern that the project look as nice as possible to residents who live in the near by neighborhood. Sargent reminded members that the Design Guidelines for the downtown area which follow Urban Design practices, encourage buildings to be placed as far forward as possible on the site. Even though, this site is located in the Highway District they are trying to incorporate as many of the guidelines as possible into their design. By locating the building forward to the corner, it makes the building look larger and more noticeable. He noted that the Jiffy Lube building was 2,200 sq. ft. and the proposed Jimmy John’s building will be 1,900 sq. ft. He also stated that the new building would look nicer along both roadways than open parking spaces. Sargent told members that if the plan were reversed, the access points would need to be re-relocated and the parking setbacks would be different which would prevent them from meeting the required number, which makes the reverse plan not workable. Szurek also reminded members that their role is to accept or deny the plan submitted based on whether it meets our current policies, ordinances, and laws. It is not the commission’s role to re- design their project. They have already decided what will work best for them. th Dan Vansteenburg told members this is his 20 Jimmy Johns in the metro area. He has been opening stores during the past eight years and this will be his first stand-alone building in the Twin Cities. He explained that there are over 900 Jimmy John’s across the country and only 75 of those are stand- alone buildings. Jimmy John’s corporate offices look at every plan and have to approve the site design in order for him to open a franchise location. Based on prior experience, they didn’t accept the initial plan because of the traffic flow on the site. However, they have approved this site design. Peterson said he can accept the plan submitted, if there are no other options due to the size of the parcel. Szurek stated she thought this project would be much nicer looking than the empty Jiffy Lube building. Public Hearing Opened. Marv Sowada who owns property directly east of this property had concerns whether the existing fence would be replaced as part of the project. He said the fence is in poor condition and is actually placed about two feet on his property. Mr. Patterson said they have had contact with Mr. Sowada and it is their intent to replace the fence with a maintenance free type and that they will relocate it onto their property. Mr. Sowada was also concerned about the lighting on the site, but after reviewing the plan, is satisfied with their plan not being intrusive onto the adjacent neighbors. He also is somewhat concerned about the traffic flow entering and exiting the site, but understands their reasons for the proposed layout. Page 7 Public Hearing Closed. Sargent suggested adding a couple of additional conditions for the approval of the site plan based on some of the conversation regarding this issue. He suggested adding the following: #12. That the fence located along the east property line be replaced with a maintenance free type and that it be re-located within the property of 4955 Central Avenue. #13. That more windows, awnings and signage be added to the north side of the proposed building than what was indicated on the preliminary plans. Motion by Thompson, seconded by Schmitt, to waive the reading of Resolution No. 2009-PZ09, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Thompson, seconded by Schmitt, to adopt Resolution No. 2009-PZ09, being a resolution approving a site plan, for a Jimmy John’s restaurant located at 4955 Central Avenue, 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.Prior to at the time of issuing a building permit, surety in the form of a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $5,000 for erosion control & site restoration in accordance with the City storm water management code. This will be returned following completion of turf establishment. 2.A letter of credit (LOC) needs to be provided prior to at the time of issuing a building permit for the public improvements and site landscaping. The calculation of the LOC shall include the removal and reconstruction of the alley and complete site landscaping x 1.25%. 3.For engineering site inspection, the Developer shall provide $1,500 to be deposited in an engineering escrow account for public ROW improvements, site SWPPP and utility connections. All unused funds are returned to the Developer at project completion. 4.The site storm water management meets City requirements for rate control but only partially meets requirements for infiltration and water quality. A partial storm water management fee has been calculated and applied to the project, payable prior to or at the time of issuing the building permit. 5.To minimize vehicle tracking, all construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. 6.All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 7.The Site Plan should show locations of “Stop”, “Do Not Enter” signage as needed. 8.The Site Plan needs to identify a concrete washout area on erosion control plans. Page 8 9.Any landscaping placed within or near the City or State rights-of-way shall be installed at the owner’s risk. If any type of maintenance to the rights-of-way is required, the removal and replacement of said landscaping would be at the owner’s expense. 10.The existing pole for the pylon sign must be removed. 11.The proposed monument sign shall be no taller than eight (8) feet in height, no larger than forty (40) square feet per side, shall have a masonry base to match the principal structure, and shall be illuminated as allowed by the Design Guidelines. Final approval of the monument sign shall be by the City Planner, through the sign permit requirement. 12.That the fence located along the east property line be replaced with a maintenance free type and that it be re-located within the property of 4955 Central Avenue. 13. That more windows, awnings and signage be added to the north side of the proposed building than what was indicated on the preliminary plans. All ayes. MOTION PASSED. Motion by Thompson, seconded by Schmitt, that the Planning Commission recommends that the City Council approve the 2.7-foot rear yard parking setback variance, the 2.5-foot side yard parking variance and the 2-foot width variance for a drive aisle for the property located at 4955 Central Avenue 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 application materials including maps, drawings, and descriptive information submitted with the application shall become part of the permit. All Ayes. MOTION PASSED . RESOLUTION NO. 2009-PZ09 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR AS JIMMY JOHN’S RESTAURANT AT 4955 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-1002) has been submitted by John Patterson, doing business for Jimmy John’s Restaurant to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4955 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for a new Jimmy John’s restaurant located at 4955 Central Avenue WHEREAS, the Planning Commission has held a special public hearing as required by the city Zoning Code on October 20, 2009; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the Page 9 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 Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1.The site plan conforms to all applicable requirements of this article, except signage. 2.The site plan is consistent with the applicable provisions of the city’s comprehensive plan. 3.The site plan is consistent with any applicable area plan. 4.The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. 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.Prior to at the time of issuing a building permit, surety in the form of a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $5,000 for erosion control & site restoration in accordance with the City storm water management code. This will be returned following completion of turf establishment. 2.A letter of credit (LOC) needs to be provided prior to at the time of issuing a building permit for the public improvements and site landscaping. The calculation of the LOC shall include the removal and reconstruction of the alley and complete site landscaping x 1.25%. 3.For engineering site inspection, the Developer shall provide $1,500 to be deposited in an engineering escrow account for public ROW improvements, site SWPPP and utility connections. All unused funds are returned to the Developer at project completion. 4.The site storm water management meets City requirements for rate control but only partially meets requirements for infiltration and water quality. A partial storm water management fee has bee calculated and applied to the project, payable prior to or at the time of issuing the building permit. 5.To minimize vehicle tracking, all construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. 6.All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 7.The Site Plan should show locations of “Stop”, “Do not Enter” signage as needed. 8.The Site Plan needs to identify a concrete washout area on erosion control plans. 9. Any landscaping placed within or near the City or State rights-of-way shall be installed at the owner’s risk. If any type of maintenance to the rights-of-way is required, the removal and replacement of said landscaping would be at the owner’s expense. 10.The existing pole for the pylon sign must be removed. 11.The proposed monument sign shall be no taller than eight (8) feet in height, no larger than forty (40) square feet per side, shall have a masonry base to match the principal structure, and shall be illuminated as allowed by the Design Guidelines. Final approval of the monument sign shall be by the City Planner, through the sign permit requirement. 12.That the fence located along the east property line be replaced with a maintenance free type and that it be re-located within the property of 4955 Central Avenue. 13. That more windows, awnings and signage be added to the north side of the proposed building than what was indicated on the preliminary plans. Page 10 h Passed this 20 day of October, 2009, Offered by: Thompson Seconded by: Schmitt Roll Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. _____________ __ John Patterson Date The following Resolutions will go to the City Council October 26, 2009. RESOLUTION NO. 2009-XXX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JIMMY JOHN’S RESTAURANT WHEREAS , a proposal (Case # 2009-1002) has been submitted by John Patterson doing business for Jimmy John’s restaurant to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4955 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2.7-foot rear yard parking setback variance and a 2.5-foot side yard setback variance per Code Section 9.110 (C). WHEREAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on October 20, 2009; 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: Page 11 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 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 ATTACHED: 1.All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. RESOLUTION NO. 2009-XXX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JIMMY JOHN’S RESTAURANT WHEREAS , a proposal (Case # 2009-1002) has been submitted by John Patterson doing business for Jimmy John’s restaurant to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4955 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot drive aisle width variance per Code Section 9.106 (L)(11). WHEREAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on October 20, 2009; 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: Page 12 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 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 ATTACHED: 1.All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. NEW BUSINESS The meeting was adjourned at 7:33 pm. Respectfully submitted, Shelley Hanson Secretary Page 13