HomeMy WebLinkAbout10-05-2021 Planning Commission Packet
PLANNING COMMISSION
City Hall—Council Chambers, 590 40th Ave NE
Tuesday, October 05, 2021
6:00 PM
AGENDA
ATTENDANCE INFORMATION FOR THE PUBLIC
Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and
entering meeting ID 868 6610 8685 and passcode 019373 or by Zoom
at https://us02web.zoom.us/j/86866108685?pwd=SElIWUtFeW5PSGI2eG82YXptcit0dz09. For
questions please call the Community Development Department at 763-706-3670.
CALL TO ORDER/ROLL CALL
APPROVE MINUTES
1. APPROVAL OF AUGUST 4, 2021 PLANNING COMMISSION MEETING MINUTES
PUBLIC HEARINGS
2. MINOR SUBDIVISION TO SPLIT AN EXISTING LOT LOCATED AT 4600 7TH STREET NE
MOTION: Move to waive the reading of the draft resolution, there being ample copies
available to the public.
MOTION: Move to recommend that the Planning Commission recommend to the Ci ty
Council approval of the Minor Subdivision of the property located at 4600 7th Street NE,
subject to conditions of approval.
OTHER BUSINESS
3. 2022 PLANNING APPLICATION SCHEDULE
ADJOURNMENT
Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is
made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements.
1
MINUTES
CITY OF COLUMBIA HEIGHTS
PLANNING COMMISSION MEETING
AUGUST 4, 2021
The meeting was called to order at 6:00 pm by Vice Chair Vargas.
CALL TO ORDER/ROLL CALL
Commissioners present: Stan Hoium, Tom Kaiser, Mike Novitsky, Mark Vargas, Clara Wolfe
Commissioners absent: Rob Fiorendino, Eric Sahnow
Also present: Minerva Hark, City Planner; Ben Sandell, Communications Coordinator; Jordan Stroik,
Applicant (via Zoom); and Alicia Apanah, Administrative Assistant
APPROVAL OF MINUTES
1. Approval of July 6, 2021 Planning Commission Meeting Minutes
Motion by Wolfe, seconded by Novitsky, to approve the minutes from the meeting of July 6, 2021.
All ayes. MOTION PASSED.
PUBLIC HEARINGS
2. Variance to Allow for the Construction of an Attached Garage with Front Yard Setback
Encroachments Located at 4161 Polk Street NE
Introduction: Hark reported that a Variance has been requested for a proposed attached garage to
be located at 4161 Polk Street NE. The applicant is proposing to demolish the existing detached
single-stall garage on the property and construct an attached standard garage on the north side of
the home.
As a corner lot that abuts a diagonal street, there are unique setback requirements that apply to
the subject property in relation to neighboring lots. In consideration of corner lots, City Code
states that the lot line having shortest dimension of street frontage is considered the front lot line.
Thus, the site’s north lot line along 42nd Avenue is considered the front and is , therefore, subject
to a minimum required building setback of 25 feet. The west lot line along Polk Street NE is
subsequently considered a side lot line, from which a minimum 10-foot building setback is
required. The required setback from Polk Street NE is considered unique in that other homes
located along the street that are south of the subject site are subject to a 25 -foot setback along the
same street. The attached garage is proposed to be located 17.2 feet from the north front property
line. This location is considered to be in front of the principal structure building line in the front
yard.
Zoning Ordinance: The property is located in the R-2A One- and Two-Family Residential Zoning
District. The site is bordered by properties in the Single-Family Residential District to the west, One-
and Two-Family Residential District and Built-As Duplexes to the south, Single-Family Residential
District and One- and Two-Family Residential District to the north, and Single-Family Residential
District, One- and Two-Family Residential District, and Built-As Duplexes to the east.
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Item 1.
City of Columbia Heights MINUTES August 4, 2021
Planning Commission Meeting Page 2
The use of the property as a residential home complies with the Zoning Code.
Comprehensive Plan: The Comprehensive Plan guides this area for residential development. The
proposed garage is consistent with the goals and intent of the Comprehensive Plan.
Design Guidelines: The subject property is not located in a Design Guidelines District. SITE PLAN The
applicant has submitted a Site Plan illustrating the proposed size and location of the new garage
and its relation to adjacent properties and structures.
Findings of Fact: The City Council shall make each of the following findings before granting a
variance from the provisions of this article:
(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 t his
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.
This is correct. The existing single-family home on the lot was built in a manner that utilized Polk
Street NE as the front yard, rather than 42nd Avenue NE. The current condition does not provide
reasonable space for the construction of a standard two-stall garage that does not encroach
into the front yard setback or is not behind the principal structure’s front building line. This is an
existing condition not caused by the current owner. The proposed garage would encroach seven
feet and five inches into the front yard setback, will be served by the existing driveway accessed
from Polk Street NE.
(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 th e same zoning
classification.
This is correct. The subject site is unique as it is a corner lot along a diagonal street with setback
requirements which differ from most lots on the block.
(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.
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. The Comprehensive Plan calls for reinvestment, renovation, and modernization of
the City’s single-family housing stock.
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Item 1.
City of Columbia Heights MINUTES August 4, 2021
Planning Commission Meeting Page 3
(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. The granting of this Variance will result in a new, functioning two car garage for
the property that will enhance the overall functionality and aesthetic of the site. This will
provide more adequate on-site parking and will contribute to the improved value of the
neighborhood.
Recommendation: Staff recommends that the Planning Commission recommend approval to the
City Council of the proposed Variance.
Questions/Comments from Members:
Hoium asked, concerning the idea of right-of-way or not right-of-way and with the front yard being
the shortest, intuitively if the front yard should be the longest property line. Hark said many city
codes actually cite that the shortest property line abutting a public street or easement and shortest
access point is the right-of-way; yards are based on whether the lot lines are. He said it doesn’t
make sense because the applicant’s address is on Polk, where his front door is located. Hark said
the lot is special because it is on a corner and so options are limited according to City Code.
Vargas said, if the Variance is approved by the Commission, language should be commented on
regarding duplex, as an example, having one address facing one street and another address facing
another street if it’s on a corner lot. So, if in the future the home is changed into a duplex, being a
R-2A, it would be in violation. Hark said, in that case, the City would create two addresses, one on
Polk and one on 42nd, and agencies would be notified about it but it would still need to meet the
building setbacks if the front yard was 42nd.
Vargas said, utilizing the cited dimensions, his calculations came up with a total of 1,056 SF rather
than 925 SF. Hark said there are portions of the addition of the attached garage that are parsed
out as pantry and bathroom, which is an addition to the main home, and the applicant chose to
show that as part of the plan. The City is mainly concerned that it does not exceed 1,000 SF of
garage space; so, it may off a few SF based off the configuration of the other attached elements,
but the project is conditioned so that the garage may not exceed 1,000 SF and will again be shown
and calculated accurately at the building permit ph ase.
In summary, Hark said the Variance is essentially asking for an encroachment into the front yard
setback and the allowance of the location of the garage being in front of the building’s front
property line. And should the applicant decide not to move forward with the addition to the main
home, the garage would still not have to exceed 1,000 SF.
Public Hearing Opened.
Applicant Jordan Stroik said, based on the previous garage already being in the front yard and
already in front of the house, he hopes to replace the single-car garage with a two-car garage.
4
Item 1.
City of Columbia Heights MINUTES August 4, 2021
Planning Commission Meeting Page 4
Vargas said he had some concerns about the language in the survey document’s legal description,
as they contradict the publicly available information for the lot and block. Rather than lot 3 block
16, it was a combination of lot 3 and 4 and no indication of a replat in the documentation. He
wants to ensure that the legal description describes the applicant’s property correctly and not
including his neighbor’s house. Hark said staff will ensure the site survey accurately cites the legal
description.
Vargas commented that, the way that they are proposed in the drawings, the eaves on the garage
shed water right onto the house; and with the metal-style roof being identified as the roof of
choice, there will be moisture problems on the north side of the current house unless there is some
type of vapor barrier. The applicant said he just wanted to get something on paper in terms of the
Variance and knows he will have to contact a roofing contractor to use crickets or create drainage
between the two buildings. Hark said the project has been conditioned by the Engineering
Department to direct all stormwater runoff to the street; how he makes that happen is on the
applicant’s end and will then have the Engineers review the plan. Vargas added that the metal roof
is incompatible with galvanized metals and a lot of crickets use galvanized metal, so he advised the
applicant to scrutinize his contractor or, preferably, an architect designer to avoid erosion and
corrosion.
Public Hearing Closed.
Motion by Hoium, seconded by Kaiser, to waive the reading of the draft resolution. All ayes.
MOTION PASSED.
Motion by Hoium, seconded by Wolfe, to recommend that the Planning Commission recommend to
the City Council approval of the Variance for the proposed attached garage to be located by 4161
Polk Street NE, subject to conditions of approval:
1. All construction shall comply with the Minnesota State Residential Code.
2. All construction shall comply with the Minnesota State Energy Code.
3. All construction shall comply with the Minnesota State Plumbing Code.
4. All construction shall comply with the Minnesota State Mechanical and Fuel Gas Code.
5. Storm water runoff from the new construction shall be directed to the street. Runoff cannot
pass onto adjacent properties.
6. The existing single stall garage located on the site shall be removed.
7. The new attached garage shall be set back a minimum of 17.2 feet from the northern
property line.
8. A Certificate of Survey and Elevation Plans shall be submitted as part of the Building Permit
Application for the construction of the proposed attached garage.
9. The lot shall be limited to two detached accessory structures.
10. The combination of accessory structures, storage shed, and attached garages on the lot shall
not exceed 1,000 square feet in area.
11. The height of the proposed attached garage shall comply with City Code.
12. The exterior color and design of the proposed attached garage shall be similar to the
principal structure. Corrugated metal siding and roofs are prohibited.
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Item 1.
City of Columbia Heights MINUTES August 4, 2021
Planning Commission Meeting Page 5
13. The total building coverage, including the principal st ructure and all accessory structures,
shall not exceed 35%.
14. The distance between the proposed attached garage doors and the front lot line shall be no
less than 20 feet.
15. The proposed attached garage shall be provided with a hard-surfaced access driveway, no
less than 12 feet in width, to an adjacent public street, and shall be no less than 20 feet by
20 feet in size.
16. The proposed attached garage shall not be located within any utility or drainage easement.
All ayes. MOTION PASSED.
Vargas shared with the applicant that he spoke with his aunt and uncle who own 4210 Polk NE and
they favor him getting a new garage.
OTHER BUSINESS
Hark said City staff have received no Planning applications for the month; however, she may be putting
through an Ordinance change in September or October for the Planning Commission to consider that
involves landscaping and tree preservation. There are no private development projects coming up
soon.
ADJOURNMENT
Motion by Hoium, seconded by Kaiser, to adjourn the meeting. All ayes. MOTION PASSED. Meeting
adjourned at 6:21 pm.
Respectfully submitted,
________________________________
Alicia Apanah, Administrative Assistant
6
Item 1.
PLANNING COMMISSION MEETING
AGENDA SECTION PUBLIC HEARING
MEETING DATE OCTOBER 5, 2021
ITEM: MINOR SUBDIVISION TO SPLIT AN EXISTING LOT LOCATED AT 4600 7 TH STREET NE
DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE: Minerva Hark, City Planner / 9/30/2021
CASE NUMBER: 2021-1001
DATE: September 30, 2021
TO: Columbia Heights Planning Commission
APPLICANT: Syed and Samrina Naqvi
DEVELOPMENT: Minor Subdivision
LOCATION: 4600 7th Street NE (PID 26-30-24-34-0015)
REQUEST: Minor Subdivision to split an existing lot located at 4600 7th Street NE
PREPARED BY: Minerva Hark, City Planner
INTRODUCTION
Property owners Syed and Samrina Naqvi have requested approval of a Minor Subdivision, per City Code
§9.104(K), for their property located at 4600 7th Street NE. The subject site is zoned R-2A: One- and Two-
Family Residential, and is surrounded by properties similarly zoned as R-2A and R-2B (Built as Duplexes). The
existing parcel is approximately 21,800 square feet and has a single-family home constructed on site. The
applicant intends to subdivide the property to create Parcel A (northern lot) and Parcel B (southern developed
lot). Parcel A will be a vacant lot intended for the future construction of a single-family home. Parcel B will
retain the existing single-family home with detached garage.
ISSUES AND ANALYSIS
Lot Requirements
In consideration of this Minor Subdivision application, a determination shall be made that the newly created
lots shall meet the minimum lot area and width requirements of the applicable R-2A zoning district.
Within the R-2A District, a minimum lot area of 6,500 square feet is required. As a result of the proposed lot
line adjustment, Parcel A will have a lot area of 9,378 square feet, and Parcel B will have a lot area of 10,367
square feet. Both lots meet the minimum lot area requirements of the R-2A zoning district.
Section 9.109 (C) of the Zoning Ordinance stipulates that lots within the R-2A Zoning District shall have a
minimum width of 60 feet. Parcel A is proposed to have a lot width of 65 feet, and Parcel B is proposed to
have a lot width of 71.84 feet. Both proposed lots meet the minimum lot width requirements of the R-2A
Zoning District.
7
Item 2.
Page 2
Existing Conditions
The existing corner-lot residence located at 4600 7th Street NE was originally constructed in 1929, with
additions and an updated detached garage constructed in 1958. The proposed minor subdivision of the lot
would alter the interior side yard setback of the residential building. The proposed subdivision would create a
12.14-foot side yard separation between the existing structure and the interior side property line. This
complies with the 5-foot side yard setback requirement of the R-2A Zoning District. The existing 14.11-foot
front yard setback for the residence is considered legal non-conforming, and shall not be made more non-
conforming with the proposed minor subdivision.
Proposed Future Development
According to the applicant, the new lot (Parcel A) is being created so that it can be sold and a new residential
single-family home can be developed upon it in the future. No construction plans are being proposed at this
time.
Recording
As a condition of approval, the applicant is responsible for the filing of the approved minor subdivision with
the Anoka County Recorder’s Office. If the minor subdivision is not filed with the Anoka County Recorder’s
Office within one year of the date of City Council approval, it will become invalid.
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:
(a) The proposed subdivision of land will not result in more than three lots.
The proposed subdivision will result in two conforming lots.
(b) 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.
(c) 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
Both lots shall conform to the lot width and lot area requirements of the applicable R-2A zoning
designation.
(d) The proposed subdivision does not require the dedication of public right -of-way for the purpose of
gaining access to the property.
The proposed subdivision does not require the dedication of public rights -of-way for the purpose of gaining
access to the property.
(e) The property has not previously been divided through the minor subd ivision provisions of this
article.
The subject property has not previously been subdivided through the minor subdivision process.
(f) The proposed subdivision does not hinder the conveyance of land.
The proposed subdivision will not hinder the conveyance of land.
8
Item 2.
Page 3
(g) The proposed subdivision does not hinder the making of assessments or the keeping of records
related to assessments.
The proposed subdivision is not expected to hinder the making of assessments or the keeping of records
related to assessments.
(h) The proposed subdivision meets all of the design standards specified in §9.116.
The proposed subdivision meets all design standards outlined in §9.116.
RECOMMENDATION
Staff review finds that the proposed Minor Subdivision application meets the requirement s of the Zoning
Ordinance. As a result, Staff recommends that the Planning Commission recommend approval of the proposed
Minor Subdivision for the property located at 4600 7 th Street NE, subject to certain conditions.
RECOMMENDED MOTION(S):
MOTION: Move to waive the reading of the draft resolution attached, there being ample copies available to
the public.
MOTION: Move to recommend that the Planning Commission recommend to the City Council approval of the
Minor Subdivision of the property located at 4600 7th Street NE, subject to the following condition of
approval:
1. The applicant shall be responsible for the filing the approved subdivision with the Anoka County
Recorder’s Office. The approved minor subdivision shall become invalid if the subdivision is not filed with
the Anoka County Recorder’s Office within one year of the date of City Council Approval.
ATTACHMENTS:
Draft Resolution
Application
Existing Conditions Survey dated August 30, 2021
Proposed Subdivision Survey dated August 31, 2021
9
Item 2.
RESOLUTION NO. 2021-XXX
A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Minor
Subdivision for the property located in the City of Columbia Heights, MN;
WHEREAS, a proposal (Planning Case # 2021-1001) has been submitted by Syed and Samrina
Naqvi to the City Council requesting approval of a Minor Subdivision at the following location:
ADDRESS: 4600 7th Street NE (PID 26-30-24-34-0015)
LEGAL DESCRIPTION: On file at City Hall
THE APPLICANT SEEKS THE FOLLOWING: A Minor Subdivision for the property located at 4600
7th Street NE
WHEREAS, the Planning Commission held a public hearing as required by the Cit y Zoning Code
on October 5, 2021; and
WHEREAS, the City Council has considered the advice and recommendations of the Planning
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 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:
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.
10
Item 2.
FURTHER, BE IT RESOLVED, that the condition of approval, surveys, and other information shall
become part of the Minor Subdivision and approval; and in granting this Minor Subdivision, the
City and the applicant agree that this Minor Subdivision shall beco me null and void if the
subdivision has not been filed with the Anoka County Recorder’s Office within one (1) calendar
year after the approval date.
CONDITION OF APPROVAL
1. The applicant shall be responsible for the filing the approved subdivision with the A noka
County Recorder’s Office. The approved Minor Subdivision shall become invalid if the
subdivision is not filed with the Anoka County Recorder’s Office within one year of the
date of City Council Approval.
ORDER OF COUNCIL
Passed this 11th day of October, 2021
Offered by:
Seconded
by:
Roll Call:
Amáda Márquez Simula, Mayor
Attest:
Sara Ion, City Clerk/Council Secretary
11
Item 2.
12
Item 2.
13
Item 2.
Anderson Engineering of Minnesota, LLC
13605 1st Avenue North,Suite 100
Plymouth, MN 55441
763-412-4000 (o) 763-412-4090 (f)
www.ae-mn.com
ENGINEERING ARCHITECTURE LAND SURVEYING
ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE 14
Item 2.
Anderson Engineering of Minnesota, LLC
13605 1st Avenue North,Suite 100
Plymouth, MN 55441
763-412-4000 (o) 763-412-4090 (f)
www.ae-mn.com
ENGINEERING ARCHITECTURE LAND SURVEYING
ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE 15
Item 2.
CITY OF COLUMBIA HEIGHTS: 2022 APPLICATION SCHEDULE
Application
Deadline
Department
Review
Completed by
Legals to Paper and
Notice to Neighborhood
Packets
Delivered to
Commissioners
Planning
Commission
Meeting
6:00 pm
City Council
Meeting
7:00 pm
January 3, 2022 January 7, 2022 January 17, 2022 January 28, 2022 February 1, 2022 February 14, 2022
February 7, 2022 February 11, 2022 February 14, 2022 February 25, 2022 March 1, 2022 March 14, 2022
March 7, 2022 March 11, 2022 March 21, 2022 April 1, 2022 April 5, 2022 April 11, 2022
April 4, 2022 April 8, 2022 April 18, 2022 April 29, 2022 May 3, 2022 May 9, 2022
May 2, 2022 May 6, 2022 May 23, 2022 June 3, 2022 June 7, 2022 June 13, 2022
June 6, 2022 June 10, 2022 June 20, 2022 July 1, 2022 *July 6, 2022 July 11, 2022
July 5, 2022 July 11, 2022 July 18, 2022 July 29, 2022 *August 3, 2022 August 8, 2022
August 1, 2022 August 5, 2022 August 22, 2022 September 2, 2022 *September 7, 2022 September 12, 2022
September 6, 2022 September 12, 2022 September 19, 2022 September 30, 2022 October 4, 2022 October 10, 2022
October 3, 2022 October 7, 2022 October 17, 2022 October 28, 2022 November 1, 2022 November 14, 2022
November 7, 2022 November 14, 2022 November 21, 2022 December 2, 2022 December 6, 2022 December 12, 2022
December 5, 2022 December 9, 2022 December 19, 2022 December 30, 2022 January 3, 2023 January 9, 2023
NOTE: Planning Commission and City Council meeting dates are subject to change.
*Meeting moved to Wednesday night.
Revised 9-17-2021
16
Item 3.