HomeMy WebLinkAbout20180808_Planning_Minutes
MINUTES OF
PLANNING COMMISSION
AUGUST 8, 2018
6:00 PM
The meeting was called to order at 6:00 pm by Chair Szurek.
Commission Members present- Novitsky, Fiorendino, Hoium, Kaiser, Schill, and Szurek.
Members absent: Sahnow
Also present were Elizabeth Hammond (Planner), Joseph Hogeboom (Community Development Director),
Shelley Hanson (Secretary), and John Murzyn (Council Liaison).
APPROVAL OF MINUTES
Motion by Fiorendino, seconded by Hoium, to approve the minutes from the meeting of July 10, 2018. All
ayes. MOTION PASSED.
PUBLIC HEARING
CASE #: 2018-0801
APPLICANT: Jeff Englar, Mpls Saw Co.
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LOCATION: 831 40 Avenue NE
REQUEST: Site Plan Review-Accessory Structure-Garage
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Hammond told members that Jeff Englar, property owner at 831 40 Avenue NE has submitted an application
for Site Plan Review, for a proposed accessory structure (garage) to be located on the property. The proposed
garage is 900 square feet, and 20 feet tall overall. The site plan indicates that the proposed accessory structure
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will be accessed off the existing entry points to the parcel, which are on Jackson Street NE. and 40 Avenue
NE. The garage meets the City’s Zoning Code requirements for setbacks, height and acceptable building
materials. The Section 9.104 (N) of the Zoning Ordinance requires that all new plans for development other
than one and two family residences, be reviewed and approved by the Planning Commission prior to the
issuance of a building permit.
ZONING ORDINANCE
The subject property is located in the Central Business Zoning District, as are the properties to the east and
south. The properties to the north and west are located in the R-3 Multiple Family Residential Zoning District.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for Commercial uses. The proposal for a new garage associated with
the commercial business is consistent with the goals and intent of the Comprehensive Plan.
DESIGN GUIDELINES
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The subject property is located within the Design Guideline Overlay District, and is governed by the “40
Avenue District” 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
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Avenue and 40 Avenue.
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Much of the guidelines do not apply to this proposal as the guidelines are intended for the principal structure
and use on the property. In this case the applicant is simply proposing to rebuild the garage on the property
for storage associated with the business which is operated out of the primary structure on the parcel. The
building will be constructed of high quality materials, including stucco and rock faced wainscoting, with a
pitched roof to match the principal structure. The applicant is not proposing any windows on the building,
citing concerns over security if there items were more visible from the outside. Finally, at this time there are
no proposed changes to the site’s parking layout, landscaping or signage.
FINDINGS OF FACT
Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City
to approve a Site Plan. They are as follows:
a.The Site Plan conforms to all applicable requirements of this article.
This is correct. The applicable Zoning Code requirements are achieved.
b.The Site Plan is consistent with the applicable provisions of the City’s Comprehensive Plan.
The Comprehensive Plan guides this area for Commercial Uses. Staff believes the proposed Site Plan for the
property is consistent with the intent of the Comprehensive Plan.
c.The Site Plan is consistent with any applicable area plan.
This is correct.
d.The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right-
of-way.
The proposed Site Plan meets all the development standards outlined in the Zoning Code and achieves the
majority of the Design Guidelines outlines previously. The applicant isn’t proposing to use the parcel in a
different manner than used previously; therefore, the properties in the immediate vicinity of the proposed
garage should not be adversely impacted.
RECOMMENDATION
The Development Review Committee was established by City Ordinance and tasked with reviewing plans for
conformance with City Ordinances and making a recommendation to the Planning Commission and City
Council regarding applications for development or other land use approvals. This committee has reviewed the
proposed site plan and has found it to be in compliance with City Ordinances. Therefore, staff recommends
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approval of the Site Plan for the proposed accessory structure to be located at 831 40 Avenue NE (Property
ID 35-30-24-41-0031)
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Questions from members:
Fiorendino asked about the distance from the garage to the parking spaces behind the building on the NE
corner. He said if vehicles are parked there, it would prohibit access for emergency vehicles. Hammond
stated the Fire Chief had reviewed the plan and didn’t raise any concerns. Hoium agreed that it would be very
cramped if the parking spaces were used. Hammond said she would bring that to the owner’s attention and
since they have ample parking on the site for his business, those spaces are not really needed.
Public Hearing Opened.
The Architect for Mpls Saw was present to answer questions. Szurek suggested they eliminate those parking
spaces at the NE corner of the building. He said he would speak to the owner regarding that.
There were no other comments or questions on this matter.
Public Hearing Closed.
Motion by Schill, seconded by Fiorendino, to waive the reading of Resolution No. 2018-PZ04, there being ample
copies available to the public. All ayes. MOTION PASSED.
Motion by Schill, seconded by Kaiser, to approve Resolution No. 2018- PZ04, being a resolution approving a Site
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Plan for the proposed accessory structure to be located at 831 40 Avenue NE (Property ID 35-30-24-41-0031)
and subject to the following conditions:
1.The building and site shall be meet all requirements found in the Fire Code and the Building Code.
2.Site and elevation plans included in this submittal, shall become part of this approval.
3.All other applicable local, state, and federal requirements shall be met at all times.
4.All outdoor sales/display areas shall meet the setback requirements for a principal structure in the
zoning district in which it is located.
5.Outdoor sales/display areas within the public right-of-way are prohibited.
6.A landscape buffer with a minimum depth of ten feet shall be maintained along all abutting public
rights-of-way.
7.All goods shall be displayed in a designated area that is hard-surfaced.
8.All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
All ayes. MOTION PASSED.
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RESOLUTION NO. 2018 – PZ04
A Resolution of the Planning Commission approving a Site Plan for the construction of an accessory
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structure on the property located at 831 40 Avenue NE (PROPERTY ID 35-30-24-41-0031)
Whereas, a proposal (Case #2018 -0801) has been submitted by Minneapolis Saw Company to the Planning
Commission, requesting Site Plan approval from the City of Columbia Heights at the following site:
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LOCATION: 831 40 Avenue NE Columbia Heights, MN 55421 (Property ID 35-30-24-41-0031)
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of an accessory
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structure to be located on the property at 831 40 Avenue NE.
Whereas, the Planning Commission held a public hearing as required by the City Zoning Code on August 8,
2018;
Whereas, the Planning Commission has considered the advice and recommendations of City staff regarding
the effect of the proposed Site Plan 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, the Planning Commission of the City of Columbia Heights after reviewing the
proposal, accepts and adopts the following findings:
1.The site plan conforms to all applicable requirements of this article.
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 approval; and in granting this approval the City and the applicant agree that this approval
shall become null and void if the project has not been completed within one (1) calendar year after the
approval date, subject to petition for renewal of the permit.
CONDITIONS:
1. The building and site shall be meet all requirements found in the Fire Code and the Building Code.
2. Site and elevation plans included in this submittal, shall become part of this approval.
3. All other applicable local, state, and federal requirements shall be met at all times.
4. All outdoor sales/display areas shall meet the setback requirements for a principal structure in the
zoning district in which it is located.
5. Outdoor sales/display areas within the public right-of-way are prohibited.
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6. A landscape buffer with a minimum depth of ten feet shall be maintained along all abutting public
rights-of-way.
7. All goods shall be displayed in a designated area that is hard-surfaced.
8. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
Passed this 8th day of August, 2018,
Offered by: Schill ______________________________
Seconded by: Kaiser Marlaine Szurek, Chair
Roll Call: All ayes
Ayes:
Abstain:
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Shelley Hanson, Secretary
CASE #: 2018-0802
APPLICANT: CITY OF COLUMBIA HEIGHTS
LOCATION: 4025 UNIVERSITY AVE NE – MADINA ACADEMY
REQUEST: CONDITIONAL USE PERMIT AMENDMENT
Hogeboom explained that the City of Columbia Heights is requesting an amendment to the
Conditional Use Permit (CUP) that regulates the daycare operation located at 4025 University Ave.
NE. (“Subject Property”). The original CUP that allows a daycare operation at this property was
granted by the City in 1995. The CUP does not address hours of operation.
In recent years, the building’s current occupant, Madina Academy, has generated numerous
complaints from neighbors about noise, property maintenance issues, and excessive street parking.
The Fire Department is addressing the current property maintenance issues at the property. Per
Minnesota Statute 462.3595, the City requested that the Planning Commission and City Council
amend the Conditional Use Permit to restrict the hours of outdoor operation on the property from
between 8:00 am and 7:00 pm. Hogeboom noted that this does not change the hours of operation,
just the hours for the children to be outside.
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ZONING ORDINANCE
The Subject Property is located in the R-3 - Multiple Family Residential Zoning District. In this Zoning District, a
daycare operation requires a CUP.
The properties to the north and east are also located in R-3 - Multiple Family Residential Zoning District. The
property to the south is located in the GB – General Business District, and the property to the west is State
Highway 47.
DESIGN GUIDELINES
Design Guidelines are inapplicable to this item.
RECOMMENDATION – Conditional Use Permit – Staff requests the Planning Commission to recommend
approval of Resolution No. 2018-43 by the City Council, amending the a Conditional Use Permit for the
property located at 4025 University Avenue NE., subject to certain conditions. He reviewed the conditions
with the members.
Questions/comments from members:
Szurek asked if the hours could be amended to 6 pm rather than 7 pm. She said most other day care
businesses close by 6 pm. Hogeboom stated he looked at other cities and this is consistent with the hours they
include in their conditions. He told the members they can change the hours to whatever they deem
reasonable and the Resolution can be changed prior to the City Council’ consideration of the Planning
Commission’s recommendation.
Hoium asked if the City has the right to change the conditions of a CUP after the fact. Hogeboom said State
Law allows for amendments to the conditions of a CUP and a request to do so can be made by either the City
or the property owner.
Kaiser asked if staff had received any feedback regarding the suggested 7 pm time frame. Hogeboom stated
that neighbors contacted him and wanted a 6 pm end time and the business wanted it to be 8 or 9 pm.
Hoium asked if the neighbors had been in contact with the business owner to try to work out these issues.
Hogeboom stated that the neighbors told him that they have talked with the Director and staff members on
several occasions over the last couple years and they get no cooperation in remedying the situation.
Schill asked if this would have any impact on their Daycare License with the State of MN. Hogeboom told
members that he had notified the State that the City was taking this action and he has not received any
comments or feedback. It shouldn’t have any bearing on their license to operate a daycare.
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Public Hearing Opened.
Vu Lee from 4037 University Ave is the property owner to the north of the daycare. He told members he has
had numerous conversations with the people running the facility. It is a consistent disturbance until 9 pm, 7
days/week. Lee said this is more like a community center than a daycare business. His bedroom is right next to
the playground so he cannot go to bed until after the kids go inside, he has to keep his house closed up all
summer long, and cannot use his backyard due to the constant noise. He has no incentive to improve his
property since he constantly has trash thrown in his yard and cannot use his yard at any time. When anyone
in the neighborhood is out the kids yell and swear at the residents and when he has spoken with staff they
always have the same response—“they’re just kids”. The adults on site never make the kids apologize, pick up
their trash or toys, or make them behave in an acceptable manner. He has chosen to leave his home every
weekend just to get away from the noise. He questions why he has to pay taxes for something he can’t enjoy
and use.
Novitsky asked if we can also restrict the hours for weekends and possibly not allow any outside time.
Hogeboom said the Commission can make any recommendation they wish for the City Council to consider.
Novitsky noted that several vehicles are illegally parking on the University Ave Service Road that is posted as
“no parking”. He felt the Police should be ticketing these vehicles. Novitsky noted the original CUP requires 7
parking spaces on site. They should be using those spaces.
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Nicholas Dobbs from 4024 4 St owns the property behind the business to the east. He has the same
complaints as Mr. Lee. He told members that the kids provoke his dog and swear at him also. He is tired of
listening to kids screaming until 9 pm or later seven days a week. He reiterated that the kids use terrible
language and are not controlled or supervised, and it keeps getting worse. He is also annoyed by the parents
honking their car horns when they come to pick up their kids which happens from late afternoon until after
dark.
Kaiser asked Mr. Dobbs what would be acceptable hours for the weekends? Dobbs said to limit outdoor
activities to a small number of children or prohibit it all together on the weekends. He said this property was a
daycare when he moved in, but since it changed ownership in 2008, the whole dynamics changed, and the
hours of operation increased drastically.
Hogeboom reminded members that any amendments they make to the CUP will run with the property, not
with the business. Any new business at this site would have to follow the same rules.
Kaiser said he didn’t feel that staff’s recommendation was restrictive enough, especially for the weekends.
Novitsky agreed and said not many daycares operate on weekends.
Hoium asked if 6 pm at night was reasonable for weeknights? Novitsky thought the 6 pm time was reasonable
so neighboring residents could use their property, and still allows for the business to operate but they must
have the children inside.
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Steve Schultz of 4028 4 St owns the property behind the business to the east. He said he has the same
complaints as the other residents who have spoken. He has called the Police several times, but says they can’t
do anything about the kids being outside, and he is fed up. He also does not use his property or yard.
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Joan, also from 4024 4 St, told members that they have approached the staff of the business several times
regarding the bad language, the fact that they climb on the fence and goad their dog, throw toys and garbage
into their yard, etc. At one point two boys were throwing rocks into their yard and broke one of their
windows. Staff refused to talk to them about it or take any responsibility. They enjoy living in Columbia
Heights, but not where they do.
Novitsky asked if they could add a condition that the business must construct a privacy fence around the
outdoor play area. Hogeboom said they could add that condition if they wished. He will, of course, run all this
by the City Attorney prior to the Council meeting.
The Director of the daycare business, Saud Isse, got up and spoke and told members that she is shocked to
hear these complaints. Her staff had not forwarded these complaints to her. She explained that they have
children on site up to 12 years old. She told members that they often take the kids to Huset Park to play in the
evenings, but their van is currently not working. They like to have the children outside in the summer as it is
very hot, so they are asking that the hours allow them to be outside till 9 pm. The Director stated that it is
common for the parents to honk their car horns when they pick up the children instead of coming inside to get
them, especially for the older children. If this bothers the neighbors she will talk to the parents to see if this
practice can be eliminated. Since receiving the call from Hogeboom informing them this amendment to the
CUP was being considered, they have made an effort to keep the children inside after 7 pm. She also
complained to the Commission that neighbors have been taking pictures of the children, which should not be
permitted.
Szurek asked if any of the neighbors had taken pictures. Dobbs said he had taken pictures of the parking
situation on University Ave, but not of the children. Another neighbor said he took a video recording on his
phone so he had proof of the noise generated from the kids to back up his complaint. He said it was taken
from a distance and that the kids are not recognizable, but the volume of noise can be heard.
The Director apologized to all the neighbors in attendance at the meeting. She explained that the kids come
to the facility to learn and socialize. She said many of the parents are immigrants that work mostly afternoons
and evenings. She told them they should contact her if they have any problems in the future and she would
see that they are addressed.
Szurek asked how long this has been going on. The neighbors said since they took over the business, which
the owner admitted was in 2008. Dobbs said it has gone on for too long and we need rules and restrictions
because they have tried working with the staff and the situation has not been remedied. Novitsky asked if
the owners would be willing to put up a privacy fence to provide a barrier between the business and the
residences.
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Schill asked if the CUP is amended, what recourse there is if there continues to be violations. Hogeboom
explained that if violations are reported, staff would investigate, we would notify the property and business
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owner and if they don’t comply, then we can set a hearing to revoke the CUP. If that happened, a daycare
business would not be allowed to operate there any longer.
Novitsky wants to further restrict the hours to 6 pm during the week and to disallow any outside hours on the
weekends, as well as to require them to stripe the parking lot. Fiorendino thought it was too restrictive to
not allow any outside time on the weekends, and wanted the amendment to be fair. The neighbors, however,
thought it was a good idea. Hogeboom suggested a later start time and earlier ending time on weekends.
After some discussion the members came to the consensus that children could be outside from 8 am – 6 pm
on weekdays, and from 10 am – 4 pm on weekends. They also agreed a privacy fence should be constructed
within 6 months.
Schill asked if the City Council can make changes to the Commission’s recommendation. Hogeboom told them
yes, as they are the final decision makers.
Public Hearing Closed.
Motion by Fiorendino, seconded by Hoium, to waive the reading of Resolution No. 2018-43, there being ample
copies to the public. All ayes. MOTION PASSED.
Motion by Fiorendino, seconded by Hoium, to recommend that the City Council approve Resolution No. 2018-
43, approving the Conditional Use Permit Amendment 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.A maximum of 56 children are allowed to be enrolled at the daycare.
2.Seventy five (75) square feet of outdoor, fenced in, play space per child is required to be maintained.
3.At least seven (7) paved onsite parking spaces are required.
4.The daycare must maintain proper licensing with the State of Minnesota at all times.
5.Hours of outdoor operation, including outdoor play time, shall only be allowed between 8:00 am and 6:00
pm Monday through Friday, and between 10 am and 4 pm on Saturday and Sunday.
6.A fence of at least six (6) feet in height and at least 80% opacity shall be constructed around the north,
south and east side of the property. The fence shall be constructed and operable no later than February
15, 2019.
7.All other applicable local, state and federal regulations must be followed at all times.
All ayes. MOTION PASSED.
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OTHER BUSINESS.
Hogeboom told members that at a recent work session the City Council discussed the issue of Public Hearing
Notices and that renters do not receive them. He explained that notices are generally sent to owners within
350 feet of the property involved, and are published in the Focus. This meets the State requirement, but
renters are not always notified by their landlords of cases that may affect them. Hogeboom explained that
due to cost constraints and software we operate with, the Council decided not to pursue mailing notices to
renters at this time. However, staff will reach out to residents and businesses through other means in an
attempt to notify those around an affected property. These additional means include:
1. Have a link or section for “Planning Action Items” on the City’s Website.
2. Put signs in front of properties requesting planning action.
3. Put Planning Items on Facebook Page.
4. Put info on City’s LED Sign
5. Enhance notices to make them easier to understand.
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The next Planning Commission meeting will be Wednesday, September 5 at 6:00 pm. The meeting is being
scheduled for Wednesday due to the Labor Day Holiday.
Motion by Fiorendino, seconded by Schill, to adjourn the meeting at 7:13 pm.
Respectfully submitted,
Shelley Hanson
Secretary
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