HomeMy WebLinkAbout2022-053RESOLUTION NO.2022-53
A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a
Conditional Use Permit and a Variance for the property located in the City of Columbia Heights,
M N;
WHEREAS, a proposal (Planning Case # 2022-0501) has been submitted by the City of Columbia
Heights to the City Council requesting approval of Conditional Use Permit and a Variance at the
following location:
ADDRESS: 825 411 Avenue NE (PID 35-30-24-14-0151)
LEGAL DESCRIPTION: On file at City Hall
THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit and a Variance approval to
allow for an eight -foot -high perimeter safety fence to be installed around the property located
at 825 415Y Avenue NE
WHEREAS, the Planning Commission held a public hearing as required by the City Zoning Code
on May 3, 2022; and
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed Conditional Use Permit and 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 area; and
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:
FINDINGS OF FACT — Conditional Use Permit
(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 consider 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.
FINDINGS OF FACT — Variance
(a) Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict adherence
to the provisions of this article would cause 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.
FURTHER, BE IT RESOLVED, that the conditions of approval, plans, and other information shall
become part of the Conditional Use Permit and Variance approval; and in granting the approval
of the Conditional Use Permit and Variance, the City and the applicant agree that the 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. This approval is subject to
certain conditions 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 OF APPROVAL
1. The site plan included in this submittal shall become part of this approval.
2. The applicant shall submit a building permit application for review and approval prior to
construction.
3. Fences greater than seven feet in height shall be of an engineered design and capable of
withstanding the applicable wind loads in the Minnesota State Building Code.
4. All other applicable local, state, and federal requirements shall be met at all times.
ORDER OF COUNCIL
Passed this 9th day of May, 2022
Offered by: Novitsky
Seconded by: Murzyn, Jr.
Roll Call: All Ayes
A/1"
Amada M rquez Simula, Mayor
Attest:
Safa--lon, City Clerk/Council Secretary