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HomeMy WebLinkAbout20180501_Planning_Minutes MINUTES OF PLANNING COMMISSION MAY 1, 2018 6:00 PM The meeting was called to order at 6:00 pm by Chair Szurek. The following member was sworn in: New member Tom Kaiser. Commission Members present- Novitsky, Hoium, Kaiser, Sahnow, and Szurek. Commission Members absent: Fiorendino and Schill Also present were Elizabeth Holmbeck (Planner), Shelley Hanson (Secretary), John Murzyn (Council Liaison), and Kevin Hansen (Public Works Director). APPROVAL OF MINUTES Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting of April 3, 2018. All ayes. MOTION PASSED. COMPREHENSIVE PLAN UPDATE Lance Bernard, from HKGI was present at the meeting to explain that the draft plan has been completed and is in the process of holding the 3 necessary public hearings. The 15 member Advisory Committee held its last meeting April 23, 2018 to review the document. The Committee is pleased with the outcome of the draft and the public engagement activities that have occurred to date. Staff will make a few minor changes based on their feedback before getting Council approval on the draft at its May 14, 2018 meeting and so that it can be sent out to adjacent jurisdictions and other governmental agencies for review. At the end of the 6 month review period, staff will determine if any changes need to be made to the 2040 Comprehensive Plan before seeking approval from the City Council in December in order to submit the final document prior to year-end. Comments from members: Hoium asked how the attendance was at the Public Meetings held. Lance responded that there were th approximately 25 people at the Public comment meeting held April 19. He said two more are scheduled for ndth May 2 and May 4. Lance said they actually had more participation in the earlier meetings when they were seeking input from residents regarding where they wanted the City to focus its goals for the future. Lance told members that residents can also comment on the draft on-line. He said there have been about 50 hits on the on-line site, but just a few comments have been made and most of those were regarding pedestrian traffic and transportation needs. Hoium asked how close the draft follows the advisory group’s recommendations. Lance said overall it followed their input very closely, although it can’t get quite as detailed as some wanted. Commission member Kaiser who was on the advisory committee said the draft is a good reflection of what priorities were set by the committee. He personally is very happy with what is included in this new plan. Planning Minutes Page 2 May 1, 2018 Holmbeck reminded members to look over the Plan and if they have any feedback or comments to get them th to her by May 10. They can do so on-line, by email, or drop off written notes at the office. Members who have reviewed the Plan said it takes about two hours to read through. Szurek stated she hoped the needs of the City were met, and that it didn’t focus on special interest groups. Lance assured her that it focuses on the vision for the City as a whole. She asked if there were any big changes from the previous plan. Lance stated this one has added more language on economic market trends, sustainability, water conservation and energy efficiency issues. No one in the audience had any questions or comments on this issue. PUBLIC HEARING CASE #: 2018-0501 APPLICANT: City of Columbia Heights LOCATION: 3939 Central Ave NE REQUEST: Conditional Use Permit & Variance Holmbeck explained that the City of Columbia Heights is requesting a Conditional Use Permit to allow a monument sign with a Dynamic LED component to be constructed at the Municipal Library located at 3939 Central Avenue NE, per Section 9.106 (P)(12)(c) of City Code. Section 9.104 (H) (4) requires the Planning Commission to hold a public hearing to consider the Conditional Use Permit application and submit its recommendation to the City Council. In conjunction with the CUP, the City is also requesting Variances from the required setback and square footage requirements for the monument sign per City Code Section 9.106 (P) (12) (a) (2). Section 9.104 (G) of the Zoning Ordinance requires the Planning Commission to hold a public hearing to consider the Variance application and submit its recommendation to the City Council. Construction of the new Municipal Library was completed in June 2016 with the official grand opening on June 26, 2016. Due to visibility issues along Central Avenue, the proposed location of the monument sign is closer to the front (west) property line than is currently permitted by City Code. The building itself was constructed at this distance (allowed by City Code); therefore, in order to effectively promote upcoming events and information the location of the monument sign is proposed to be placed on an adjacent plane to the building, closer to Central Avenue. Renderings of the proposed sign and a narrative detailing the requests are included with this report for the Planning Commission’s review. ZONING ORDINANCE The property located at 3939 Central Ave. NE is located in the Central Business (CB) Zoning District. The properties to the north, south and west are located in the Central Business (CB) Zoning District and the properties to the east are located in R-3 Multiple Family Residential Zoning District. In the CBD (Central Business District), a Dynamic LED sign requires a Conditional Use Permit. Planning Commission Minutes Page 3 May 1, 2018 DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the “Central Avenue” standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue th and 40 Avenue. The proposed monument sign meets the design guidelines. FINDINGS OF FACT- Conditional Use Permit 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. This is correct. Dynamic LED signs are allowed as a Conditional Use in the Central Business District. (b)The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides this area for Commercial uses. While not specifically commercial, the City Library, a Government Office, is a permitted use in the Central Business District. The plan notes that reinvestment in this area will be key to the future success of the City’s historic downtown. One of the Comprehensive Plan goals is to establish and maintain a strong sense of community. This area is considered the City’s gateway, physical improvements to the corridor such as the newly constructed library facility and now a new attractive monument sign aims to achieve this goal. Enabling the City to promote events and information through the use of an electronic display sign provides a service that supports residents in the community; and therefore, appears to be consistent with the goals outlined in the Comprehensive Plan. (c)The use will not impose hazards or disturbing influences on neighboring properties. The City will have to abide by specific standards as they relate to LED signs. These standards were adopted to limit disturbing influences on neighboring properties. Given the location of the property in the Central Business District, as well as the location of the proposed sign and its orientation to Central Avenue, it appears that the use will not impose hazards on the neighboring properties. (d)The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity should not be diminished by the placement of a dynamic LED sign on the subject property. (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. The City will have to abide by standards and design guidelines as they relate to LED signs. These standards help to ensure compatibility in new development with the appearance of the existing surrounding area. Planning Commission Minutes Page 4 May 1, 2018 (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. Staff does not anticipate that the sign will influence traffic congestion. (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. The proposed sign will be subject to certain standards outlined in the City’s Ordinance which governs the use of Dynamic LED Signs; therefore it is assumed that the use will not cause a negative cumulative effect. (i)The use complies with all other applicable regulations for the district in which it is located. This is correct. FINDINGS OF FACT - Variances Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. They are as follows: 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 practical difficulties in conforming to the Zoning Ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the Zoning Ordinance. Due to visibility issues along Central Avenue, the sign is proposed to be located closer to the property line than currently permitted by City Code. The sign will be used for City communication efforts; the request to have a larger sign is being made to ensure the messaging is visible. b)The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This is correct. As previously stated, due to the buildings proximity to Central Avenue, the sign is proposed to be located closer and slightly larger than permitted to ensure visibility. Planning Commission Minutes Page 5 May 1, 2018 c) The practical difficulties caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. d)The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. This is correct. 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. This is correct. Holmbeck told members that the Planning Commission must make a recommendation to the City Council on both the Conditional Use Permit and the Variances. They are both being discussed at one time. RECOMMENDATION – Conditional Use Permit – Staff recommends approval of Resolution No. 2018-26, approving the a Conditional Use Permit for the property located at 3939 Central Avenue NE., subject to certain conditions. RECOMMENDATION – Variances - Staff recommends approval of Resolution No. 2018-27, approving the Variances for the property located at 3939 Central Avenue NE. Questions/Comments from members: Kevin Hansen was present to answer questions the members had. Sahnow asked about the durability of the sign since it will be closer to the road. He wondered whether it would stand up to snow being thrown up from the plows and if it would be a good investment for the City. Hansen stated that the sign is designed for MN weather conditions and that the base is larger in order to protect the LED portion of the sign. The base will be constructed with the same stone to match the Library building itself. So he thinks overall, this will be a well-designed sign that will serve the City well. Novitsky said the sign is about 50% larger than our code allows and what other businesses are expected to adhere to. Novitsky said the Liquor stores needed variances also, so why not change the sign ordinance, so all businesses have the same playing field. He also thinks the Liquor store signs are too big and too bright. Holmbeck told him we can have the signs tested to check and see if the illumination of the sign is Planning Commission Minutes Page 6 May 1, 2018 too bright. Novitsky then stated that he thinks the sign should be on the north side of the driveway as the proposed location will block visibility of the northbound traffic for those pulling out onto Central Avenue. Holmbeck explained that the sign will be set back about 5 feet from the sidewalk. Hansen told members that the Library Board didn’t want the sign located on the north side of the driveway as it is too close to the building and the meeting room on that corner of the building. They think it would be very distracting to have it illuminating into the room. They also felt the sign would be more visible to traffic coming from the north if it wasn’t so close to the building and the wall that is located on the north side. Hoium asked if the cost of this sign was included in the capital cost of the Library Project. He stated that he agreed with Novitsky about changing the sign ordinance so everyone has the same rules. Hoium also remembered that we made another business on Central move their sign because of visibility issues. Holmbeck said that case involved someone who had their sign located at a corner, and there is a setback rule in those cases, to make sure traffic from both streets have visibility. Hansen told him that the cost of the sign was planned as part of the project and that $65,000 still remains for the design and installation of this sign. Kaiser asked if the sign would be lit 24 hours a day. Holmbeck said there is a provision in the code that signs must be dimmed at night and it is stated in Condition #7. She told members that if they wished to put other conditions about when the sign can be lit, they are free to do so. Hansen said the sign can be shut down completely after a certain hour or they can dim it over night as the codes requires. Since it is an LED sign the cost of leaving it on at a dimmed status would be acceptable. Kaiser then asked if the sign were vandalized, can it be easily repaired. Hansen said they will spray it with an anti-vandalism coating which makes removal of graffiti much easier. If the illuminated portion is damaged, there are small panels that can be replaced as needed. Public Hearing Opened. Tim Utz from 4141 Stinson Blvd said the business to the south, Heights Rental, has vehicles and equipment parked in front of their business all day long which obstructs visibility for those pulling out of the driveway already. He said the depiction on site today was not the actual location of the sign. Utz felt that the sign won’t be seen from northbound traffic until they are past all the equipment set out at the Rental business, and will further obstruct visibility for those trying to exit the Library onto Central Avenue. He said he was 100% opposed to the sign on the south side of the driveway. He agrees they need signage but not where it is proposed. Utz also said if the City is going to keep giving variances for City owned property, then they should change the Ordinance for other businesses as well. Planning Commission Minutes Page 7 May 1, 2018 Kevin Hansen said the sign and trailer that was on site was so members could visualize the size, not the actual location. He said that it needed to be reversed for actual placement. Hansen explained that the only part of the sign that requires a variance is the base, and the base is set back from the sidewalk a few feet. He said the LED portion meets the setback. He said the height of the base was chosen keeping in mind the height of a driver in a passenger car so they can see over it. The sidewalk along Central is 10 feet wide and cars must move slowly to cross it to exit into northbound traffic, so he didn’t feel it would interfere as exiting traffic is already yielding. Hansen said the trucks and equipment have always been parked out front of the business, but the Library Board and staff feel the location of the sign on the south side will be most visible to traffic going north or south. Hansen showed members the property line for the Rental business as well as the access easement they have along the north side of the business that is actually Library property, but they are allowed to use. K. T. Jacobs from 4104 Monroe St thinks the sign will bother residents in the apartment building across the street. She also felt that the sign would obstruct vision for drivers who may not see children that may be on the sidewalk. She understands that the Library Board doesn’t want the sign on the north side, but they have drapes and blinds on the windows to block it out should the brightness bother them. The City and the Library should be setting an example, not a dangerous precedent. Szurek asked why the south side location was set in stone. She agreed there could be visibility issues. Hoium and Novitsky also agreed. Hansen told members that if the sign were located on the north side of the driveway it would be up against a retaining wall and too close to the building so that it would not be visible for southbound traffic. And he said even with the window coverings, it would probably still be visible and distracting in the meeting room. Novitsky recommends the sign be located on the north side of the driveway. Hansen said it would have to go back to the Library Board and would have to be re-designed again due to the wall. Hoium asked if residents of the apartments were notified since no one was present to comment on this sign. Holmbeck said a notice is published in the Focus Newspaper, is available on Cable, on our website, and on our bulletin boards, as well as notices being mailed to owners within 350 feet. It is up to the owners of rental property to notify their residents. Kaiser asked if the Rental business was redeveloped and the new building is located closer to the street, what would happen to the sign then. Hansen said the new building could be matched with the same setbacks as the Library as part of the Site Plan process, and it would have an impact on the sign, but he thought it would still be visible at the proposed location. Planning Commission Page 8 May 1, 2018 Hoium asked if this is the only sign designating the building as a Library. Hansen said there is lettering on the south side of the building, but this sign is needed to further identify it. Motion by Szurek, seconded by Hoium to close the Public Hearing. All ayes. MOTION PASSED. Motion by Hoium, seconded by Kaiser, to waive the reading of Resolution No. 2018-26, there being ample copies to the public. All ayes. MOTION PASSED. Motion by Hoium, seconded by Kaiser, to recommend that the City Council approve Resolution No. 2018-26, approving the Conditional Use Permit for the property located at 3939 Central Ave 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 Ordinance, including: 1.Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2.A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3.A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. 4.The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5.The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6.Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. Planning Commission Minutes Page 9 May 1, 2018 7.Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8.Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). 9.The area around the base of the sign shall be landscaped. All ayes-MOTION PASSED. Motion by Hoium, seconded by Kaiser, that the Planning Commission recommends the City Council approve Resolution 2018-27, approving the Variances for the property located at 3939 Central Avenue NE. as follows: 1.Waiver to City Code Section 9.106 (P) (12) (a) (2). One monument sign to exceed fifty (50) square feet, by twenty four and two tenths (24.2) square feet, for a total surface area of seventy four and two tenths (74.2) square feet. 2.Waiver to City Code Section 9.106 (P) (12) (a) (2). One monument sign to be located four (4) feet off of the required five (5) feet to a distance of one (1) foot from the edge of the monument sign to the front (west) property line. Roll Call: Sahnow, Hoium, Kasiser, and Szurek—aye Novitsky—nay MOTION PASSED. th The following Resolutions will go to the City Council at the May 14 meeting. RESOLUTION NO. 2018-26 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DYNAMIC LED MONUMENT SIGN FOR THE COLUMBIA HEIGHTS MUNICIPAL LIBRARY LOCATED AT 3939 CENTRAL AVENUE NE. WHEREAS, a proposal (Case # 2018-0501) has been submitted by the City of Columbia Heights to the City Council requesting a Conditional Use Permit at the following site: ADDRESS: 3939 Central Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (P)(12)(c)(d), to allow for a dynamic LED Monument Sign to be located in the CB, Central Business District on the property located at 3939 Central Ave NE. Planning Commission Minutes Page 10 May 1, 2018 st WHEREAS, the Planning Commission held a public hearing as required by the City Zoning Code on May 1, 2018; 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; NOW, THEREFORE, BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights adopts the following findings of the Planning Commission: 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: 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 disturbing 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, plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning Ordinance, including: CONDITIONS 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. Planning Commission Minutes Page 11 May 1, 2018 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). 9. The area around the base of the sign shall be landscaped. Planning Commission Minutes Page 12 May 1, 2018 RESOLUTION NO. 2018-27 A RESOLUTION APPROVING VARIANCES FOR A MONUMENT SIGN FOR THE COLUMBIA HEIGHTS MUNICIPAL LIBRARY LOCATED AT 3939 CENTRAL AVENUE NE. WHEREAS, a proposal (Case # 2018-0501) has been submitted by the City of Columbia Heights to the City Council requesting a Variance at the following site: ADDRESS: 3939 Central Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: 1. Waiver to City Code Section 9.106 (P) (12) (a) (2). One monument sign to exceed fifty (50) square feet, by twenty four and two tenths (24.2) square feet, for a total surface area of seventy four and two tenths (74.2) square feet. 2. Waiver to City Code Section 9.106 (P) (12) (a) (2). One monument sign to be located four (4) feet off of the required five (5) feet to a distance of one (1) foot from the edge of the monument sign to the front (west) property line. WHEREAS, the Planning Commission held a public hearing as required by the City Zoning Code on May 1, 2018; 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 concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; NOW, THEREFORE, BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant a variance. They are as follows: (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 practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (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. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (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. Planning Commission Minutes Page 13 May 1, 2018 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 variance. OTHER BUSINESS A. Proposed Text Amendments to the Zoning Code Holmbeck explained that she will be bringing proposed text amendments to the Zoning Code before the Planning Commission at the June meeting. At the City Council’s request language is being changed to the Limited Business classification to remove Institutional (K-12 schools) and Religious facilities as permitted uses in this district. The meeting was adjourned at 7:12 pm. Respectfully submitted, Shelley Hanson Secretary