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HomeMy WebLinkAbout11-01-2016 Minutes MINUTES OF PLANNING AND ZONING COMMISSION NOVEMBER 1,2016 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Schill, Hoium, and Szurek. Buesgens arrived at 7:04 pm. Members Absent: Fiorendino Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium , seconded by Schill, to approve the minutes from the meeting of Oct 4th, 2016. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NO.:2016-1101 APPLICANT:Brian Beaufeaux, IAE Leasing, LLC. LOCATION:1016 44 th Avenue NE., Columbia Heights, MN 55421 REQUEST:Minor Subdivision At this time, Brian Beaufeaux on behalf of IAE Leasing, LLC has requested a Minor Subdivision per City Code th Section 9.104 (k), for the subject property located at 1016 44 Avenue NE. The applicant wishes to split the Currently, there is a single family home on the northern portion of the lot, and a detached garage on the southern end of the lot. The property has been recently sold and the new owner is proposing to subdivide the existing lot to allow for future residential development on the newly created lot. The proposed subdivision meets the guidelines in the Zoning Code. A narrative provided by the applicant is attached. ZONING ORDINANCE The subject property is located in the R-2A, One and Two-Family Residential District, as are the properties to the north. The properties to the south, east and west, are located in the R-2A One and Two Family District, the R-2B, Built as Duplexes District and R-3, Multiple Family District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for low Comprehensive Plan, low density residential development is defined as single family detached, and single family attached dwellings (twin-homes/duplexes). DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District. SITE PLAN The applicant has submitted a survey of the existing conditions and legal description for the site, and a survey showing the two subdivided lots and proposed legal descriptions. The proposed subdivision of land meets the lot width to approve a subdivision for the property. P & Z Minutes Page 2 Nov 1, 2016 FINDINGS OF FACT Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: 1.The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in two conforming lots. 2.The proposed subdivision of land does not involve the vacation of existing easements. No vacation of existing easements will occur as a result of the minor subdivision. 3.All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The newly created lots will both conform to the lot width and lot area requirements established for the 4.The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. This is correct. 5.The property has not previously been divided through the minor subdivision provisions of this article. This is correct. 6.The proposed subdivision does not hinder the conveyance of land. This is correct. 7.The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is correct. 8.The proposed subdivision meets all of the design standards specified in Section 9.115. This is correct. Staff review finds that the application meets the requirements of the Zoning Ordinance. Staff recommends that the Planning and Zoning Commission approve the proposed minor subdivision for the property located at 1016 th 44 Avenue NE., Columbia Heights, MN 55421. Questions from members: Szurek asked how the low area will affect the placement of the house and if soil borings had been done to find out the soil conditions to see if it is actually a buildable lot. P & Z Minutes Page 3 Nov 1, 2016 Holmbeck said Engineering has recommended that a structure be placed as close to 43 ½ Ave as possible while still meeting the necessary setbacks to avoid the low area that does flood from time to time. She said that flooding occurs across the middle of the property and has flooded the existing garage before and comes close to th the existing house along 44 Avenue. Holmbeck said the lot split submitted does meet the requirements to establish two lots with adequate square footage on each. She stated that corrections will need to be made to the during the permitting and plan review process. Holmbeck said it may cost more to make the necessary corrections, but that is not the issue before the Commission. It is up to the developer how much money they want to put into building a structure on the property. if it would result in less taxes being collected. t know what the tax difference would be. order for the owner to meet square footage requirements for the existing single family home, as well as the square footage for a possible double bungalow on the vacant piece (once the garage is removed) that will face 43 ½ Avenue. Szurek stated that the lot may technically meet the square footage requirements, but much of it is unbuildable low area and wondered if it would be large enough to accommodate a double bungalow. Public Hearing Opened. th Paul Ramacher from 1025 44 Avenue said he is a surveyor and that the proposed lot split is questionable in his opinion. He said he would have no problem if it were divided down the middle with plans for a single family home to be constructed. His problem is adding another double bungalow that will be rented out in a neighborhood that is already unkept due to the large number of rental property in the immediate vicinity. Ramacher said he understands the owner is trying to maximize his profit from this investment, but the City needs to make decisions that are best for the community. They should be looking at other things rather than just tax dollars. Ramacher felt that the only way to improve the neighborhood would be to add more single family homes into the mix of apartment buildings and double bungalow rentals. th Mike Guzik from 1030 44 Avenue is two houses up from the existing house. He agrees with Ramacher. He perties. It is becoming a neighborhood of all rentals, and he would like to see owner-occupied single family homes. The /Police Departments regarding lack of lawn maintenance, noise issues, the unsightly condition of the homes, and debris in the yards. He told the members that it is time they give some thought to the actual homeowners who live in these neighborhoods. Holmbeck reminded the audience and the members that this Public Hearing is for the lot split only to see if it meets City requirements. Future plans for the lot would be discussed later. Brian Beaufeaux, owner of the property and the applicant, told members he had done core sample testing of the site and it is a buildable lot. He has a report if they wish to see a copy. He told members he would be fixing up the existing house so that his son can move into it. He set up the lot split the way he did to meet the requirements of the City Code that would leave him options to construct either a single family home or a double bungalow. He has talked to builders who are hesi think it will sell. If he builds a double bungalow, which it is zoned for, his company would be managing the property. P & Z Minutes Page 4 Nov. 1, 2016 Buesgens disagreed with him and thought a single family home would sell and explained why mixing some additional single family homes into a neighborhood such as this would help make for a better neighborhood all around. Schill asked if he decided to build a single family home if he would leave the lot size the same as this proposal. Beaufeaux stated it would remain the same. He said the low area across the middle in the easement area is Paul Craven from 1042 43 ½ Avenue lives to the east of the vacant piece. He acknowledged that it is noisy due to a concentration of rental properties and that kids often times play in the streets. He said a double bungalow be preferred. He thinks parking will be an additional problem. Hoium asked what the conditional use is that will be considered. Holmbeck said this request is for the subdivision of the lot only and if it meets the requirements of the Zoning Ordinance. The second item that will be considered is the Conditional Use that is required before the use can operate. If he was proposing a single CUP is necessary. Paul Ramacher wants the Planning & Zoning Commission to deny his request. Mike Guzik asked if the lot split is approved, how many of the members really believed he would ever consider building a single family home. He believes money will drive him to build another double bungalow, which the neighborhood does not need. Buesgens said it is the job of the Commission to enforce the Zoning Ordinance. She said the owner has the right to make the request. The Code allows for this. If we vote against what is allowed by Code, it opens the door for legal action unless a reasonable reason is found that determines the request to be detrimental or harmful. Schill agreed that if it meets requirements, they need to approve it legally. th Szurek encouraged residents to attend the City Council meeting on November 14 as they will make the final decision on this. The Planning & Zoning Commission is an advisory board only. She also said that the City Attorney can answer any of the legal questions they have as he will be present at that meeting. it developed with additional rental units in this neighborhood either, they must make their recommendation based on whether it meets the requirements of the code. Since this meets both the Zoning Ordinance and the Comprehensive Plan, they cannot deny the request. Buesgens stated we need to make changes to the Zoning Code and the Comprehensive Plan in order to prevent this in the future if the City would like more control over the type of construction that is proposed. Public Hearing Closed. Motion by Hoium , seconded by Buesgens, to waive the reading of Resolution NO. 2016-104, there being ample copies available to the public. All ayes. MOTION PASSED. P & Z Minutes Page 5 Nov 1, 2016 Motion by Hoium , seconded by Buesgens, that the Planning and Zoning Commission reluctantly recommends th the City Council approve the minor subdivision of the property located at 1016 44 Avenue NE., 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 applicant shall be responsible for filing the approved subdivision with the Anoka County 2.The applicant shall meet the requirements outlined in the report from the Public Works th Director/City Engineer dated October 26, 2016. 3.The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. 4. The applicant shall provide required utility and drainage easements for all newly created lots and be Office. 5. The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision, except when such fees have been applied to the property as part of a previous subdivision. All ayes. MOTION PASSED. The following Resolution will go to the City Council November 14, 2016. RESOLUTION NO. 2016-104 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Minor Subdivision in th accordance with City Code Section 9.104 (k), for the property located at 1016 44 Avenue NE. Whereas , a proposal (Case # 2016-1101) has been submitted by Brian Beaufeaux on behalf of IAE Leasing, LLC to the City council requesting approval of a minor Subdivision from the City of Columbia Heights at the following site: th ADDRESS: 1016 44 Avenue NE. LEGAL DSCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Minor Subdivision approval per City Code Section 9.104 (k). Whereas , the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 1, 2016; Whereas , the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Minor Subdivision 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 , 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 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: P & Z Minutes Page 6 Nov 1, 2016 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. Further, be it resolved , that the attached plans, maps, and other information shall become part of this Minor Subdivision Approval; and in granting approval the City and the applicant agree that the Minor Subdivision shall become null and void approval date. CONDITIONS 1. Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka within one year of the date of City Council action. 2. The applicant shall meet all the requirements outlined in the report from the Public Works Director/City th Engineer dated October 26, 2016. 3. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. 4. The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording writ 5. The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision, except when such fees have been applied to the property as part of a previous subdivision. CASE NO. 2016-1102 APPLICANT:Brian Beaufeaux, IAE Leasing, LLC. LOCATION:1016 44 th Avenue NE., Columbia Heights, MN 55421 REQUEST:Conditional Use Permit At this time, Brian Beaufeaux on behalf of IAE Leasing, LLC is requesting a Conditional Use Permit per Code th Section 9.109 (F) (3) to allow a two-family dwelling to be built on the property located at 1016 44 Avenue NE. IAE Leasing, LLC has recently purchased the property and is applying to have the lot subdivided to allow for future development of a two-family dwelling on the newly created southern lot. The proposed Conditional Use Permit meets the guidelines in the Zoning Code. A narrative provided by the applicant is attached. P & Z Minutes Page 7 Nov 1, 2016 ZONING ORDINANCE The subject property is located in the R-2A, One and Two-Family Residential District, as are the properties to the north. The properties to the south, east and west, are located in the R-2A One and Two Family District, the R-2B, Built as Duplexes District and R-3, Multiple Family District. COMPREHENSIVE PLAN Comprehensive Plan, low density residential development is defined as single family detached, and single family attached dwellings (twin-homes/duplexes). The proposed Conditional Use Permit to allow for a two- family dwelling is consistent with the intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District. 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. Two-Family dwellings are specifically listed as a Conditional Use in the R-2A, One and Two-Family Residential Zoning District. (b)The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for residential uses. The use is consistent with the intent of the Comprehensive Plan as the Conditional Use Permit allows for Two-Family residential development. (c)The use will not impose hazards or disturbing influences on neighboring properties. The proposed use is defined as low-density residential and should not disrupt neighboring properties. In order (C) (52) and General Provisions 9.109 that address Two-Family Residential Development. (d)The use will not substantially diminish the use of the property in the immediate vicinity. th The use of property in the immediate vicinity will not be diminished by residential development at 1016 44 Avenue NE. (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. Since the surrounding area is currently comprised of a mix of single family, two-family and multiple-family residential, it is anticipated that the use will be compatible with the existing and intended character of the surrounding area. Additionally, the applicant will have to abide by specific development standards, construction and engineering standards as they relate to any future development on the lot. These standards will help ensure compatibility with the appearance of the existing surrounding area. P & Z Minutes Page 8 Nov 1, 2016 (f)The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct (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. This is correct (h)The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. Since the surrounding area is currently comprised of a mix of single family, two-family and multiple-family residential, it is anticipated that the use will be compatible with the surrounding area and not cause a negative cumulative effect on other uses in the surrounding area. (i)The use complies with all other applicable regulations for the districts in which it is located. This is correct. Staff review finds that the application meets the requirements of the Zoning Ordinance. Staff recommends that the Planning and Zoning Commission approve the proposed Conditional Use Permit for the property located at th 1016 44 Avenue NE., Columbia Heights, MN 55421. Questions from members: Hoium asked what the minimum lot width is for this zoning district. Holmbeck told him 60 feet and this lot is would recommend denial of this request. two family homes already, and plans yet so that applicable conditions can necessarily be established. Holmbeck said the Zoning Ordinance requires a CUP in order to construct a two family residence which is why it is brought before the Commission at this time. Public Hearing Opened. th Mike Guzik (1030 44 Ave) reiterated his reasons for not wanting another double bungalow in the area which would definitely be rental property. th Paul Ramacher (1025 44 should use that reason to deny the CUP request. He said all the rentals in this City put additional stress on Police Dept. personnel. Brian Beaufeaux told members he had applied for the Lot Split and CUP in good faith and that his request meets the r P & Z Minutes Page 9 Nov. 1, 2016 Public Hearing Closed. Motion by Hoium , seconded by Buesgens , to waive the reading of Resolution NO. 2016-105, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Hoium, seconded by Schill, that the Planning and Zoning Commission recommends that the City th deny Council the conditional use permit for the property located at 1016 44 Avenue NE., based on the fact that et. The use will not impose hazards or disturbing influences -- The use will not substantially diminish the use of the property in the immediate vicinity. This CUP was also subject to certain conditions for 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 applicant shall meet the requirements outlined in the report from the Public Works Director/City th Engineer dated October 26, 2016. 2. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. The garage must be removed before any future development can occur on the lot. 3. Before a Building Permit can be obtained for future residential development, the property owner must meet with City Engineering Staff to address localized flooding concerns. Any new development will be required to meet any Engineering requirements that are deemed necessary to mitigate future flooding, or soil erosion. 4.Future Two- Code requirements. The development is required to provide enclosed parking spaces that meet City requirements. Any outdoor, off-street parking areas containing six or more parking spaces must be screened with landscaping and/or fencing from adjacent residential properties per City Code requirements. 5.The building and site shall be meet all requirements found in the Fire Code and the Building Code. 6.All other applicable local, state, and federal requirements shall be met at all times. All ayes. MOTION PASSED. The following Resolution will go to the City Council at the November 14, 2016 meeting. RESOLUTION NO. 2016-105 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit th in accordance with City Code Section 9.109 (F) (3), for the property located at 1016 44 Avenue NE. Whereas , a proposal (Case # 2016-1102) has been submitted by Brian Beaufeaux on behalf of IAE Leasing, LLC to the City council requesting approval of a Conditional Use Permit from the City of Columbia Heights at the following site: th ADDRESS: 1016 44 Avenue NE. LEGAL DSCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Conditional Use Permit approval per City Code Section 9.109 (F) (3). P & Z Minutes Page 10 Nov 1, 2016 Whereas , the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 1, 2016; 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 , 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 the 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. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the districts 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 Approval. CONDITIONS 1. The applicant shall meet the requirements outlined in the report from the Public Works Director/City th Engineer dated October 26, 2016. 2. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. The garage must be removed before any future development can occur on the lot. P & Z Minutes Page 11 Nov 1, 2016 3. Before a Building Permit can be obtained for future residential development, the property owner must meet with City Engineering Staff to address localized flooding concerns. Any new development will be required to meet any Engineering requirements that are deemed necessary to mitigate future flooding, or soil erosion. 4. Future Two- requirements. The development is required to provide enclosed parking spaces that meet City requirements. Any outdoor, off-street parking areas containing six or more parking spaces must be screened with landscaping and/or fencing from adjacent residential properties per City Code requirements. 5. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 6. All other applicable local, state, and federal requirements shall be met at all times. OTHER BUSINESS Holmbeck told members that the RFP for the Comprehensive Plan Consultant has been released in several publications so the process is moving along. The meeting was adjourned at 8:15 pm. Respectfully submitted, Shelley Hanson Secretary