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MINUTES OF
PLANNING COMMISSION
MAY 7, 2019
6:00 PM
The meeting was called to order at 6:04 pm by Vice Chair Hoium.
Commission Members present- Novitsky, Hoium, Schill, Sahnow, and (Fiorendino arrived late)
Members Absent: Kaiser and Szurek
Also present were Elizabeth Hammond (Planner), Shelley Hanson (Secretary), and John Murzyn (Council
Liaison).
RE-APPOINTMENT AND SWEARING IN OF COMMISSIONER
Stan Hoium was sworn in for another four year term, prior to the start of the meeting.
APPROVAL OF MINUTES
Motion by Schill, seconded by Novitsky, to approve the minutes from the meeting of February 5, 2019. All ayes.
MOTION PASSED.
CASE #: 2019-0501
APPLICANT: Renaissance Fireworks
LOCATION: 4005 Central Avenue NE
REQUEST: Interim Use Permit
Hammond explained that Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the
operation of a seasonal fireworks sales tent at 4005 Central Avenue. The specific development standards for
outdoor fireworks sales/display are found in Section 9.107 (C) (22) of City Code, and will be added as
conditions of approval for this permit. The attached property and tent location map illustrates the configuration
and orientation of the fireworks tent to Central Avenue. The Fire Chief has inspected the plans and will conduct
a site inspection of the tent. The applicant must schedule the inspection with the Fire Department before sales
can occur on the property.
ZONING ORDINANCE
The property located at 4005 Central Avenue is located in the CBD, Central Business District. The properties to
the north, south and west are also zoned Central Business and the properties to the east are zoned in the R-4,
Multiple Family Residential District. Seasonal Fireworks Sales is allowed as Interim Use in the Central
Business Zoning District.
COMPREHENSIVE PLAN
The Comprehensive Plan designates the property for commercial use. The proposal for seasonal fireworks sales
is consistent with the intent of the City’s Comprehensive Plan.
FINDINGS OF FACT
Section 9.104 (I) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City
to grant an interim use permit. They are as follows:
Planning Commission Minutes
Page 2
May 7, 2019
1.The use is one of the interim uses listed for the zoning district in which the property is located, or is a
substantially similar use, as determined by the Zoning Administrator.
Fireworks tents are specifically listed as an Interim Use in the Central Business District, and are
considered retail sales, which are permitted.
2.The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates the property for commercial use, including retail sales. The proposal is
consistent with the intent of the City’s Comprehensive Plan.
3.The use will not impose hazards or disturbing influences on neighboring properties.
The proposed temporary use should not have hazardous or disturbing influence on neighboring properties
because of its proximity to Central Avenue and because it’s shielded from adjacent residential uses by the
surrounding commercial buildings.
4.The use will not substantially diminish the use of property in the immediate vicinity.
The fireworks tent shouldn’t diminish the use of the adjacent properties.
5.The use will be designed, constructed, operated and maintained in a manner that is compatible with the
appearance of the existing or intended character of the surrounding area.
The fire department will conduct an on-site inspection prior to any temporary sales. All State and City
requirements regarding fireworks sales will be achieved.
6.Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to
provide for appropriate on-site circulation of traffic.
The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and
the site is large enough to handle additional interior traffic.
7.The use will not cause a negative cumulative effect on other uses in the immediate vicinity.
As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the
immediate vicinity, which are all zoned commercial.
Staff recommends that the Planning Commission approve the Interim Use Permit to allow the operation of a
seasonal fireworks sales tent at 4005 Central Avenue, subject to conditions of approval outlined below.
Questions by members:
Hoium asked how many years they have been located at this site. The applicant told members he has been at
this location for 14 years, and that they have between 25-50 locations in various cities each year.
Schill asked if anything was different this year and the answer was no.
Hammond told the applicant and members that the City has a new Building Official and he is requiring a
Building Permit this year for the temporary structure.
Sahnow questioned the use of flame breaks on the tables that is noted in the application. The applicant stated
these are used to prevent flames from jumping to other merchandise should an event occur.
Planning Minutes
Page 3
May 7, 2019
Public Hearing Opened:
No one wished to speak on this issue.
Motion by Schill, seconded by Sahnow to close the Public Hearing. All ayes. MOTION PASSED.
Motion by Sahnow, seconded by Schill, to waive the reading of Resolution No. 2019-PZ01, there being ample
copies available to the public. All ayes. MOTION CARRIED.
Motion by Sahnow, seconded by Schill, to adopt Resolution No. 2019-PZ01, being a Resolution approving an
Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 17, 2019 to July 12, 2019,
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 fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Fire
Department prior to operation. The applicant must contact the Fire Department to set up an inspection
prior to any sales occurring on the property.
2.The applicant must obtain a Building Permit from the Building Official, and a site inspection must be
conducted prior to operation. The applicant must contact the Community Development Department to
obtain the Permit and schedule an inspection prior to any sales occurring on the property.
3.The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter
1124.
4.The fireworks tent shall be accessory to a commercial use.
5.Fireworks tents located within the public right-of-way are prohibited.
6.All goods shall be displayed on a designated impervious surface area.
7.All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
8.Music or amplified sounds shall not be audible from adjacent residential properties.
9.The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level
required for the principal use.
10.An appropriate transition area between the use and adjacent property shall be provided by landscaping,
screening or other site improvements consistent with the character of the neighborhood.
11.Signage shall be limited to two professionally made signs, with a combined square footage not
exceeding 32 square feet.
12.Fireworks tents may be allowed for a maximum of 90 days per calendar year.
13.The tent must be anchored to withstand 90MPH/3Second wind gusts. Any electrical use will need a
permit and is required to be inspected by the State Electrical Inspector.
All ayes. MOTION PASSED.
Planning Minutes
Page 4
May 7, 2019
RESOLUTION NO. 2019-PZ01
A resolution of the Planning Commission for the City of Columbia Heights, Minnesota,
WHEREAS,
a proposal (Case # 2019-0501) has been submitted by Renaissance Fireworks to the Planning Commission
requesting an Interim Use Permit from the City of Columbia Heights at the following site:
ADDRESS: 4005 Central Avenue NE., Columbia Heights, MN 55421
LEGAL DESCRIPTION: On file at City Hall
THE APPLICANT SEEKS THE FOLLOWING: An Interim Use Permit to allow for the operation of a seasonal fireworks
sales tent on the subject property.
WHEREAS,
the Planning Commission has held a public hearing as required by the City of Columbia Height’s Zoning
Code on May 7, 2019;
WHEREAS,
the Planning Commission has considered the advice and recommendations of City staff regarding the effect
of the proposed Interim Use upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as
any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in
the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED,
in accordance with the foregoing, and all ordinances and regulations of the
City of Columbia Heights, the Planning Commission of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. The use is one of the interim 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. 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.
7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of
other uses in the immediate vicinity.
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. Further, the 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 and Development
Ordinance, including:
CONDITIONS
1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Fire Department
prior to operation. The applicant must contact the Fire Department to set up an inspection prior to any sales
occurring on the property.
2. The applicant must obtain a Building Permit from the Building Official, and a site inspection must be conducted
prior to operation. The applicant must contact the Community Development Department to obtain the Permit and
schedule an inspection prior to any sales occurring on the property.
Planning Minutes
Page 5
May 7, 2019
3. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124.
4. The fireworks tent shall be accessory to a commercial use.
5. Fireworks tents located within the public right-of-way are prohibited.
6. All goods shall be displayed on a designated impervious surface area.
7. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
8. Music or amplified sounds shall not be audible from adjacent residential properties.
9. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for
the principal use.
10. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening
or other site improvements consistent with the character of the neighborhood.
11. Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 32
square feet.
12. Fireworks tents may be allowed for a maximum of 90 days per calendar year.
13. The tent must be anchored to withstand 90MPH/3Second wind gusts. Any electrical use will need a permit and is
required to be inspected by the State Electrical Inspector.
ORDER OF PLANNING COMMISSION
th
Passed this 7 day of May, 2019.
Offered by: Sahnow
Seconded by: Schill
Roll Call: All ayes
Vice Chair-Stan Hoium
Attest:
Shelley Hanson, Secretary
OTHER BUSINESS
Hammond stated that staff has discussed possibly handling this type of Interim Use Permit administratively
through the permitting process rather than requiring approval from the Planning Commission. She will keep
them informed regarding the final decision.
Motion by Sahnow, seconded by Novitsky to adjourn the meeting at 6:12 pm.
Respectfully submitted,
Shelley Hanson
Secretary