HomeMy WebLinkAbout04-06-2021 Planning Commission Packet
PLANNING COMMISSION MEETING
City Hall—Council Chambers, 590 40th Ave NE
Tuesday, April 06, 2021
6:00 PM
AGENDA
NOTICE THAT THIS MEETING MAY BE CONDUCTED BY A COMBINATION OF IN PERSON AND
ELECTRONIC MEANS Following a determination by City Manager Kelli Bourgeois, and emergencies
declared by the United States, The State of Minnesota, and the Columbia Heights Mayor & City Council,
this meeting may, pursuant to Minn. Stat. § 13D.021, occur by a combination of in-person and
electronic means. In all meeting formats, members of the public who wish to attend may do so by
attending in-person, by calling 1-312-626-6799 and entering meeting ID 894 3258 3713, Passcode:
080180, or by Zoom
at https://us02web.zoom.us/j/89432583713?pwd=ZXI0QzA5bWRQZmZLWDhXZnhDcnBSQT09 at
the scheduled meeting time. For questions regarding this notice, please contact the City Clerk at (763)
706-3611.
CALL TO ORDER/ROLL CALL
1. SWEARING IN OF NEWLY APPOINTED PLANNING COMMISSIONER CLARA WOLFE
2. ELECTION OF OFFICERS
APPROVE MINUTES
3. APPROVAL OF FEBRUARY 2, 2021 PLANNING COMMISSION MEETING MINUTES
PUBLIC HEARINGS
4. SITE PLAN REVIEW – AFANDINA CAFÉ
5. INTERIM USE PERMIT – RENAISSANCE FIREWORKS TEMPORARY SALES TENT
OTHER BUSINESS
6. REMINDER: PLANNING COMMISSION MEETING TUESDAY, MAY 4TH, 2021, 6:00 P.M.
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.
*A QUORUM OF THE CITY COUNCIL MAY BE PRESENT
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PLANNING COMMISSION MEETING
AGENDA SECTION CALL TO ORDER/ROLL CALL
MEETING DATE APRIL 06, 2021
ITEM: ELECTION OF OFFICERS
DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE: Minerva Hark / April 6, 2021
BACKGROUND: Officer Elections are held on an annual basis. In order for a member to be considered for an officer
position, they must be nominated by another Planning Commission member or nominate themselves. The election
process will go as follows:
1. A Chairperson will be elected.
a. Commission members provide all nominations for Chairperson of the Planning Commission.
b. A vote is taken and counted individually for each nominated member.
c. The member with the most votes is declared the Chairperson of the Planning Commission by the Staff Liaison.
(The meeting will resume under leadership of the newly elected Chairperson.)
2. A Vice Chairperson will be elected.
a. Commission members provide all nominations for Chairperson of the Planning Commission.
b. A vote is taken and counted individually for each nominated member.
c. The member with the most votes is declared the Vice Chairperson of the Planning Commission by the Chairperson.
3. A Secretary/Treasurer will be elected.
a. Commission members provide all nominations for Secretary/Treasurer of the Planning Commission.
b. A vote is taken and counted individually for each nominated member.
c. The member with the most votes is declared the Secretary/Treasurer of the Planning Commission by the Chairperson.
RECOMMENDED MOTION(S):
MOTION: Move to elect ________________________ as the Chairperson of the Planning Commission.
MOTION: Move to elect ________________________ as the Vice Chairperson of the Planning Commission.
MOTION: Move to elect ________________________ as the Secretary/Treasurer of the Planning
Commission.
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Item 2.
MINUTES OF
PLANNING COMMISSION
FEBRUARY 2, 2021
6:00 PM
The meeting was called to order at 6:03 pm by Acting Chair Kaiser.
Commission Members present- Vargas, Hoium, Novitsky, and Kaiser.
Commission Members present through Zoom- Schill
Members absent: Sahnow and Fiorendino
Also present were Aaron Chirpich (Community Development Director), Shelley Hanson (Secretary),
new employee Alicia Apanah, and Council Liaison John Murzyn.
APPROVAL OF MINUTES
Motion by Hoium , seconded by Novitsky , to approve the minutes from the meeting of January 5, 2021. A Roll
Call vote was taken of the members. All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2021-0201
APPLICANT: BRYAN BEHUN
LOCATION: 1209 43RD AVENUE NE
REQUEST: MINOR SUBDIVISION, LOT LINE ADJUSTMENT
Chirpich explained that Bryan Behun, of behalf of the Behun Living Trust, has requested approval of a Minor
Subdivision, per City Code Section 9.104 (k), for property located at 1209 43rd Avenue NE.
The subject site is zoned R-2A, One and Two Family Residential and is surrounded on all sides by similarly
zoned properties.
The subject property (1209 43rd Avenue NE) overlays two abutting parcels of land, both of which are owned by
the applicant. The east parcel (PID 36-30-24-21-0123) measures 11,250 square feet in size and is presently
occupied by a single-family home. The property is identified as Parcel A on the received certificate of survey.
The west parcel (PID 36-30-24-21-0122) measures 10,800 square feet in size and is presently vacant. The
property is identified as Parcel B of the received certificate of survey.
The applicant wishes to split a nine-foot-wide portion of Parcel B and add the split portion (1,305 square feet) to
the abutting Parcel A to the east.
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Item 3.
Planning Minutes
Page 2
February 2, 2021
ISSUES AND ANALYSIS
Lot Requirements. In consideration of the minor subdivision application, a determination should be made that
the newly created lots meet the minimum lot area and width requirements of the applicable R-2A zoning
district.
Within R-2A Districts, a minimum lot area of 6,500 square feet is required. As a result of the proposed lot line
adjustment, Parcel B will be reduced in size from 10,800 square feet to 9,135 square feet. Conversely, Parcel B
will be increased in size from 11,250 square feet to 12,180 square feet. In this regard, both lots meet the
minimum lot area requirements of the R-2A zoning district.
According to Section 9.109.C of the Zoning Ordinance, lots within R-2A Districts must have a minimum width
of 60 feet. As shown on the submitted survey, Parcel A is proposed to be increased in width from 75 feet to 84
feet while Parcel B is proposed to be reduced in width from 72 feet to 63 feet. Both proposed lots meet the
minimum lot width requirements of the R-2A District.
Driveway Setback. As shown on the existing conditions survey, a driveway which serves the existing home on
Parcel A, overlays the shared lot line between the two parcels. Specifically, a six-foot driveway encroachment
exists upon Parcel B which is typically an undesirable condition.
As a result of the proposed lot line adjustment, the existing driveway encroachment will be eliminated.
According to the proposed subdivision survey, a three-foot driveway setback is proposed along the shared side
lot line which meets the minimum parking area setback requirements imposed in the R-2A zoning district. In
this regard, the proposed lot line adjustment is considered positive in that it will serve to rectify an existing
nonconforming setback condition.
Easements. The proposed subdivision survey calls for the creation of a 5-foot-wide drainage and utility
easement along the north property lines of Parcels A and B.
As a condition of minor subdivision approval, proposed easements and/or right-of-way dedication should be
subject to review and approval by the City Engineer.
Recording. As a condition of minor subdivision approval, the applicant will be responsible for the filing the
approved 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.
4
Item 3.
Planning Minutes
Page 3
February 2, 2021
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:
1. The proposed subdivision of land will not result in more than three lots.
The proposed subdivision will result in two conforming lots.
2. 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.
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.
Both newly created lots will conform to the lot width and lot area requirements of the applicable R-2A
zoning designation.
4. The proposed subdivision does not require the dedication of public rights-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.
5. The property has not previously been divided through the minor subdivision provisions of this article.
The subject property has not previously been subdivided via a minor subdivision process.
6. The proposed subdivision does not hinder the conveyance of land.
The proposed subdivision will 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.
The proposed subdivision is not expected to 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.
As a condition of minor subdivision approval, all applicable design standards of Section 9.115 of the
Zoning ordinance must be satisfied.
Staff review finds that the proposed Minor Subdivision (lot line adjustment) application meets the requirements
of the Zoning Ordinance. As a result, Staff recommends that the Planning and Zoning Commission recommend
approval of the proposed Minor Subdivision for the property located at 1209 43rd Avenue NE subject to certain
conditions.
Questions/comments from members:
The members all agreed this request was straightforward and meets the requirements for a subdivision.
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Item 3.
Planning Minutes
Page 4
February 2, 2021
Public Hearing Opened.
John Rockwell, Realtor was present through Zoom and is the representative/broker for the owner. However,
there were no questions of the applicant.
No one else was present to speak on this matter.
Public Hearing Closed.
Motion by Hoium , seconded by Novitsky , to waive the reading of Resolution No. 2021-XX, there being ample
copies available to the public. A roll call vote was taken. All ayes. MOTION PASSED.
Motion by Hoium , seconded by Novitsky , that the Planning and Zoning Commission recommends that the City
Council approve the Minor Subdivision of the property located at 1209 43rd Avenue 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 and Development Ordinance, including:
1. Proposed easements and/or right-of-way dedication shall be subject to review and approval by the
City Engineer.
2. 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.
A roll call vote was taken. All ayes. MOTION PASSED.
The following Resolution will go to the City Council on February 8, 2021.
RESOLUTION NO. 2021-XX
RESOLUTION APPROVING A MINOR SUBDIVISION
(LOT LINE ADJUSTMENT) FOR 1209 43rd AVENUE NE
WHEREAS, a proposal (Case #2021-0201) has been submitted by Bryan Behun (on behalf of the Behun
Living Trust) to the City Council requesting Minor Subdivision approval from the City of Columbia Heights at
the following site:
ADDRESS: 1209 43rd Avenue NE.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: A Minor Subdivision for the property located at 1209
43rd Avenue NE.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on
February 2, 2021; and
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Item 3.
Planning Minutes
Page 5
February 2, 2021
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 areas; 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.
FURTHER, BE IT RESOLVED that the attached conditions, survey, and other information shall
become part of this Minor Subdivision and approval; and in granting this Minor Subdivision the City and the
applicant agree that this Minor Subdivision shall become 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.
CONDITIONS ATTACHED:
The Planning Commission approves the Minor Subdivision for 1209 43rd Avenue 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 and Development Ordinance, including:
3. Proposed easements and/or right-of-way dedications shall be subject to review and approval by the City
Engineer.
4. 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.
7
Item 3.
Planning Minutes
Page 6
February 2, 2021
OTHER BUSINESS
1. Review Purchase of 1002 40th Avenue NE - (Chirpich reviewed Items #1 & 2 together)
Chirpich stated Pursuant to State Statue, Section 462.356, Subdivision 2, the Planning and Zoning
Commission (the “Planning Commission”) in and for the City is required to review and ultimately
determine that the proposed acquisition of real property by the City’s Economic Development Authority
(EDA), conforms to the Comprehensive Plan of the City. Therefore, the EDA has requested that the
Planning Commission review the acquisition of 1002 40th Avenue NE, Columbia Heights, MN 55421
(the “Subject Property”) to determine if its acquisition conforms to the Comprehensive Plan of the City.
COMPREHENSIVE PLAN
The EDA has a long standing practice of acquiring blighted single-family homes to facilitate scattered
site redevelopment, and the proposed acquisition of the Subject Property responds to several goals and
policies adopted in the Comprehensive Plan. Specifically, in Chapter 2: Land Use, and Chapter 4:
Economic Development. Below are the specific goals and policies from the Comprehensive Plan that
directly and indirectly correlate to the conformity of the proposed acquisition.
LAND USE AND REDEVELOPMENT
Goal: Provide mechanisms for successful redevelopment of vacant lands and targeted areas within the
community.
ECONOMIC DEVELOPMENT
Goal: Promote reinvestment in properties by the commercial and industrial sectors.
1. Promote high quality development and redevelopment opportunities within the community.
Questions from members:
Chirpich was asked if the EDA had a plan for these properties. Chirpich told members that the EDA still needs
to purchase the three houses in between these two properties (960 and 1002 40th) to make a larger piece of
property to work with. Once that is accomplished then it would probably all be redeveloped for medium
density housing . In the meantime, public works will rework the alley access to the existing homes and possibly
do some storm water improvements by installing a filtration system, and staff will see that the two properties
are cleaned up as they are adjacent to the new Alatus development.
Motion by Hoium , seconded by Novitsky, to adopt Resolution 2021-PZ02, a resolution finding that the
proposed acquisition of certain land for redevelopment purposes by the Columbia Heights Economic
Development Authority is consistent with the City of Columbia Heights’ Comprehensive Plan. A roll call vote
was taken. All ayes. MOTION PASSED.
RESOLUTION NO. 2021-PZ02
A RESOLUTION FINDING THAT THE ACQUISITION OF CERTAIN LAND FOR
REDEVELOPMENT PURPOSES BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY IS CONSISTENT WITH THE CITY OF COLUMBIA HEIGHTS’ COMPREHENSIVE
PLAN.
8
Item 3.
Planning Minutes
Page 7
February 2, 2021
WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”) proposes to purchase
certain property (the “Property”) located at 1002 40th Avenue NE, (PID 36-30-24-32-0042) in the City of
Columbia Heights (the “City”) and described on the attached Exhibit A, for the purposes of eventual
redevelopment; and
WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City Planning and Zoning Commission
to review the proposed acquisition or disposal of publicly-owned real property within the City prior to its
acquisition or disposal, to determine whether in the opinion of the Planning and Zoning Commission, such
acquisition or disposal is consistent with the comprehensive municipal plan; and
NOW, THEREFORE BE IT RESOLVED, the Planning and Zoning Commission has reviewed the proposed
acquisition of the Property, and has determined that the Authority’s purpose is to redevelop the Property, and
that the proposed acquisition is therefore consistent with the City’s comprehensive plan.
BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the
Authority.
ORDER OF THE PLANNING AND ZONING COMMISSION
Passed this 2nd day of February, 2021
Offered by: Hoium
Seconded by: Novitsky
Roll Call: All ayes
Thomas Kaiser, Acting, Chair
Attest:
Secretary
EXHIBIT A
Description of Property
LOT 19 BLOCK 6, RESERVOIR HILLS, ANOKA COUNTY, MINNESOTA
2. Review Purchase of 960 40th Avenue NE
Pursuant to State Statue, Section 462.356, Subdivision 2, the Planning and Zoning Commission (the “Planning
Commission”) in and for the City is required to review and ultimately determine that the proposed acquisition
of real property by the City’s Economic Development Authority (EDA), conforms to the Comprehensive Plan
of the City. Therefore, the EDA has requested that the Planning Commission review the acquisition of 960
40th Avenue NE, Columbia Heights, MN 55421 (the “Subject Property”) to determine if its acquisition
conforms to the Comprehensive Plan of the City.
9
Item 3.
Planning Minutes
Page 8
February 2, 2021
COMPREHENSIVE PLAN
The EDA has a long standing practice of acquiring blighted single-family homes to facilitate scattered site
redevelopment, and the proposed acquisition of the Subject Property responds to several goals and policies
adopted in the Comprehensive Plan. Specifically, in Chapter 2: Land Use, and Chapter 4: Economic
Development. Below are the specific goals and policies from the Comprehensive Plan that directly and
indirectly correlate to the conformity of the proposed acquisition.
LAND USE AND REDEVELOPMENT
Goal: Provide mechanisms for successful redevelopment of vacant lands and targeted areas within the
community.
ECONOMIC DEVELOPMENT
Goal: Promote reinvestment in properties by the commercial and industrial sectors.
1. Promote high quality development and redevelopment opportunities within the community.
There were no further questions since this was discussed with the previous item.
Motion by Hoium , seconded by Novitsky , to adopt Resolution 2021-PZ03, a resolution finding that the
proposed acquisition of certain land for redevelopment purposes by the Columbia Heights Economic
Development Authority is consistent with the City of Columbia Heights’ Comprehensive Plan. A roll call vote
was taken. Al l ayes. MOTION PASSED.
RESOLUTION NO. 2021-PZ03
A RESOLUTION FINDING THAT THE ACQUISITION OF CERTAIN LAND FOR
REDEVELOPMENT PURPOSES BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY IS CONSISTENT WITH THE CITY OF COLUMBIA HEIGHTS’ COMPREHENSIVE
PLAN.
WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”) proposes to purchase
certain property (the “Property”) located at 960 40th Avenue NE, (PID 36-30-24-32-0046) in the City of
Columbia Heights (the “City”) and described on the attached Exhibit A, for the purposes of eventual
redevelopment; and
WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City Planning and Zoning Commission
to review the proposed acquisition or disposal of publicly-owned real property within the City prior to its
acquisition or disposal, to determine whether in the opinion of the Planning and Zoning Commission, such
acquisition or disposal is consistent with the comprehensive municipal plan; and
NOW, THEREFORE BE IT RESOLVED, the Planning and Zoning Commission has reviewed the proposed
acquisition of the Property, and has determined that the Authority’s purpose is to redevelop the Property, and
that the proposed acquisition is therefore consistent with the City’s comprehensive plan.
BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the
Authority.
10
Item 3.
Planning Minutes
Page 9
February 2, 2021
ORDER OF THE PLANNING AND ZONING COMMISSION
Passed this 2nd day of February, 2021
Offered by: Hoium
Seconded by: Novitsky
Roll Call: All ayes
Thomas Kaiser, Acting Chair
Attest:
Secretary
EXHIBIT A
Description of Property
LOT 23 BLOCK 6, RESERVOIR HILLS, ANOKA COUNTY, MINNESOTA
The next scheduled meeting is Tuesday, March 2, 2021 at 6 pm. However, there are no cases to consider, so the
next meeting for members to schedule will be April 6, 2021 at 6 pm.
Motion by Hoium, seconded by Novitsky to adjourn the meeting at 6:16 pm. A Roll Call vote was taken. All
ayes. MOTION PASSED.
Respectfully submitted,
Shelley Hanson
Secretary
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Item 3.
PLANNING COMMISSION MEETING
AGENDA SECTION PUBLIC HEARING
MEETING DATE APRIL 06, 2021
ITEM: SITE PLAN REVIEW – AFANDINA CAFÉ
DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE:
CASE NUMBER: 2021-0401
DATE: April 6, 2021
TO: Columbia Heights Planning Commission
APPLICANT: Louie Kader
DEVELOPMENT: Afandina Café, construction of a patio addition with upper deck
LOCATION: 4001 University Avenue NE, Columbia Heights, MN 55421
REQUEST: Site Plan Review
PREPARED BY: Minerva Hark, City Planner
INTRODUCTION
Louie Kader has submitted plans proposing the addition of a paver patio with an upper deck and a roof along
the north wall of the existing two-story building at 4001 University Avenue NE. The proposed patio is 833
square feet, and the proposed upper deck is 288 square feet. This project will also include the demolition of an
existing non-conforming deck in the north eastern portion of the property. The proposed patio addition meets
the City’s Zoning Code requirements for setbacks and height. 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 property located at 4001 University Avenue NE is located in the General Business (GB) Zoning District. The
properties to the north and east are located in the Multiple Family (R-3) Residential Zoning District, and the
properties to the south are located in the General Business (GB) Zoning District. The properties across
University Avenue to the west are located in the Multiple Family (R-3) Residential Zoning District.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for commercial uses. The proposal for an outdoor patio addition to
the existing commercial business is consistent with the goals and intent of the Comprehensive Plan.
DESIGN GUIDELINES
The subject property is located on the intersection of University Avenue and 40th Avenue, which is within the
Design Guideline Overlay District, and is governed by the “40th 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 Avenue and 40 th Avenue.
12
Item 4.
Page 2
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 construct an enclosed patio
addition. The proposal will allow for an increase in patrons to the existing restaurant, particularly between late
spring and early fall for those who desire an outdoor dining experience.
The building addition is proposed to be a covered roof over an open patio area. The roofing material will
include weathered wood-colored fiberglass asphalt shingles, and edge rafters will be faced with stained rough -
sawn plywood. Due to the property being located in the Design Guidelines and the vi sibility off 40th Avenue,
staff has added a condition that the wooden materials of the patio be painted to match the existing color of
the building.
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 Site Plan in question achieves the applicable Zoning Code requirements.
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 will be required
to meet Design Guidelines outlined 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 patio addition
should not be adversely impacted.
The site has adequate on-site parking to sustain the proposed addition. The existing 2,433 square foot building
(seats 40 people), along with the proposed 833 square foot patio (to seat 32 people) and 288 square foot deck
(to seat 12 people), totals 3,554 square feet (84 people). Per the code, the minimum parking required is
calculated at 30% of the building capacity, which constitutes 26 parking stalls. Thus, the existing 26 parking
stalls are sufficient for the proposed addition.
All existing boundary fences will be remodeled to comply with the six foot height limitation, as to not trigger
any additional permits. An unpermitted wooden deck exists onsite currently, and shall be demolished as part of
this project. Additionally, the project shall be conditioned to prohibit excessive loud noise emanating from the
site in an effort to minimize any negative impact onto adjacent residential and commercial properties. 13
Item 4.
Page 3
RECOMMENDATION
Staff recommends approval of the Site Plan for the proposed patio addition at Afandina Café to be located at
4001 University Avenue NE, subject to certain conditions of approval.
RECOMMENDED MOTION(S):
MOTION: Move to waive the reading of Resolution No. 2021-PZ02, there being ample copies available to the
public.
MOTION: Move to approve Resolution No. 2021- PZ02, being a resolution approving a Site Plan for the
proposed patio addition with upper deck to be located at 4001 University Avenue NE and subject to the
following conditions:
1. The building and site shall be meet all requirements found in the most current Fire Code and the most
current Building Code.
2. The use of the outdoor patio shall minimize noise impacts to adjacent properties.
3. The color of the patio addition/deck shall match the existing building.
4. All fences shall be no more than six feet in height.
5. All unpermitted structures, including but not limited to the existing deck, are to be removed or
brought into compliance.
6. The Building Plans need to be signed by a licensed design professional and approved by the Building
Official, prior to the issuance of a Building Permit.
All other applicable local, state, and federal requirements shall be met at all times.
ATTACHMENT(S):
Resolution No. 2021-PZ02
Application/Narrative
Survey/Site Plan
Deck Foundation and Floor Plan
Framing Plan and Elevations
14
Item 4.
RESOLUTION NO. 2021-PZ02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COLUMBIA HEIGHTS APPROVING A SITE
PLAN REVIEW TO ALLOW FOR THE CONSTRUCTION OF A PATIO ADDITION WITH UPPER DECK TO EXISTING
BUILDING AT 4001 UNIVERSITY AVENUE NE, COLUMBIA HEIGHTS, MN, 55421 (PIN 35-30-24-31-0008)
WHEREAS, a proposal (Case 2021-0401) has been submitted by Louie Kader of Afandina Café to the Planning
Commission requesting a Site Plan Review from the City of Columbia Heights at the following site:
LOCATION: 4001 University Avenue NE (35-30-24-31-0008)
LEGAL DESCRIPTION: On file at City Hall
THE APPLICANT SEEKS THE FOLLOWING: An Site Plan Review to allow for the construction of a patio addition
with upper deck 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 April 6, 2021;
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; and
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 in questions achieves the applicable Zoning Code requirements.
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 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 building and site shall be meet all requirements found in the most current Fire Code and the most
current Building Code.
2. The use of the outdoor patio shall minimize noise impacts to adjacent properties.
3. The color of the patio addition/deck shall match the existing building.
4. All fences shall be no more than six feet in height.
5. All unpermitted structures, including but not limited to the existing deck, are to be removed or brought
into compliance.
6. The Building Plans need to be signed by a licensed design professional and approved by the Building
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City of Columbia Heights – Planning Commission Resolution Page 2
Official, prior to the issuance of a Building Permit.
7. All other applicable local, state, and federal requirements shall be met at all times.
Passed this 6th day of April 6, 2021.
Offered by:
Seconded by:
Roll Call:
Ayes:
Abstain:
Chair
Alicia Apanah, Secretary
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PLANNING COMMISSION MEETING
AGENDA SECTION PUBLIC HEARING
MEETING DATE APRIL 06, 2021
ITEM: INTERIM USE PERMIT – RENAISSANCE FIREWORKS TEMPORARY SALES TENT
DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE:
CASE NUMBER: 2021-0402
DATE: April 6, 2021
TO: Columbia Heights Planning Commission
APPLICANT: Renaissance Fireworks
DEVELOPMENT: Temporary Fireworks Tent
LOCATION: 4001 Central Avenue NE., Columbia Heights MN, 55421
REQUEST: Interim Use Permit for Seasonal Fireworks Sales
PREPARED BY: Minerva Hark, City Planner
INTRODUCTION
Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a seasonal
fireworks sales tent at 4001 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 condition s 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 and Building Official will conduct a site inspection of the tent.
ZONING ORDINANCE
The property located at 4001 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:
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.
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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. It is screened 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 Chief 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 flow of traffic on the public
streets. Additionally, the site is large enough to handle additional on-site traffic.
7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity.
The fireworks tent should not have a negative impact on other uses in the immediate vicinity, which are all
zoned commercial.
RECOMMENDATION
Staff recommends that the Planning Commission approve the Interim Use Permit to allow the operation of a
seasonal fireworks sales tent at 4001 Central Avenue, subject to conditions of approval outlined below.
RECOMMENDED MOTION(S):
Motion: Move to waive the reading of Resolution No. 2021-PZ03, there being ample copies available to the
public.
Motion: Move to adopt Resolution No. 2021-PZ03, being a Resolution approving an Interim Use Permit for a
fireworks tent at 4001 Central Avenue NE, from June 25, 2021 to July 5, 2021, subject to certain conditions of
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Page 3
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 sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter
1124.
3. The fireworks tent shall be accessory to a commercial use.
4. Fireworks tents located within the public right-of-way are prohibited.
5. All goods shall be displayed on a designated impervious surface area.
6. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
7. Music or amplified sounds shall not be audible from adjacent residential properties.
8. The fireworks tent shall not reduce the amount of off-street parking provided on-site below the level
required for the principal use.
9. An appropriate transition area between the use and adjacent property shall b e provided by
landscaping, screening or other site improvements consistent with the character of the
neighborhood.
10. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding
thirty-two (32) square feet.
11. Fireworks tents may be allowed for a maximum of 90 days per calendar year.
12. Any electrical use associated with the temporary sales, will require an Electrical Permit and is required
to be inspected by the State Electrical Inspector.
ATTACHMENT(S):
Resolution No. 2021-PZ03
Application/Narrative
Lease Agreement
Safety Data Sheet
Tent Layout Drawing
Certificate of Flame Resistance
Tent Location Map
Product List
Product Storage Information
Proposed Temporary Signage
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RESOLUTION NO. 2021-PZ03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COLUMBIA HEIGHTS APPROVING AN
INTERIM USE PERMIT TO ALLOW RENAISSANCE FIREWORKS TO OPERATE A TEMPORARY SALES TENT AT
4001 CENTRAL AVENUE NE, COLUMBIA HEIGHTS, MN, 55421 (PIN 36-30-24-32-0248)
WHEREAS, a proposal (Case 2021-0402) 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:
LOCATION: 4001 Central Avenue NE (36-30-24-32-0248)
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 April 6, 2021;
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, the Planning Commission of the City of Columbia Heights after reviewing
the proposal, accepts and adopts the following findings:
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 Zonin g 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 traff ic 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:
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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 sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter
1124.
3. The fireworks tent shall be accessory to a commercial use.
4. Fireworks tents located within the public right-of-way are prohibited.
5. All goods shall be displayed on a designated impervious surface area.
6. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
7. Music or amplified sounds shall not be audible from adjacent residential properties.
8. The fireworks tent shall not reduce the amount of off-street parking provided on-site below the level
required for the principal use.
9. 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.
10. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding
thirty-two (32) square feet.
11. Fireworks tents may be allowed for a maximum of 90 days per calendar year.
12. Any electrical use associated with the temporary sales, will require an Electrical Permit and is required
to be inspected by the State Electrical Inspector.
Passed this 6th day of April 6, 2021.
Offered by:
Seconded by:
Roll Call:
Ayes:
Abstain:
Chair
Alicia Apanah, Secretary
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