HomeMy WebLinkAbout04.07.2026 Planning Commission Agenda Packet
PLANNING COMMISSION
City Hall—Council Chambers, 3989 Central Ave NE
Tuesday, April 07, 2026
6:00 PM
AGENDA
ATTENDANCE INFORMATION FOR THE PUBLIC
Members of the public who wish to attend may do so in-person, or by using Microsoft Teams Meeting
at http://www.columbiaheightsmn.gov/joinameeting ID 234 643 985 190 91, Passcode 2cw7ew3d.
For questions, please contact Administration at 763-706-3610.
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.
CALL TO ORDER/ROLL CALL
1. Oath of Office (One Commissioner; April 2026 - March 2029)
2. Overview of Boards and Commission Orientation
3. Election of Planning Commission Officers
Presenting Item: Ursula Brandt, City Planner
MOTION: Move to elect ______________ as Chair of the Planning Commission.
MOTION: Move to elect ______________ as Vice Chair of the Planning Commission.
MOTION: Move to elect ______________ as Secretary/Treasurer of the Planning
Commission.
APPROVE MINUTES
4. MOTION: Approve March 3rd, 2026 Planning Commission Meeting Minutes as presented.
PUBLIC HEARINGS
This is the public’s opportunity to speak regarding this matter. Speakers that are in -person are asked to
complete a Speaker Form and submit it to City Staff. Speakers attending virtually should send a request
to speak with this information to the moderator using the chat function and wait to be called on to
speak. When speaking, virtual attendees should turn their camera on. Speakers should limit their
comments to five (5) minutes. Any comments made after the public hearing is closed will not be
considered by the Planning Commission and will not be included as part of the formal record for this
matter as the item will have been voted on and the item formally closed by the Commission.
5. Vacation of Existing Drainage and Utility Easement at 1515 44th Avenue NE
Presenting Item: Ursula Brandt, City Planner
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City of Columbia Heights AGENDA April 07, 2026
Planning Commission Page 2
MOTION: Move to close the public hearing and waive the reading of draft Resolution No.
2026-019, there being ample copies available to the public.
MOTION: Move to recommend that the City Council approve Resolution 2026-019,
vacating the drainage and utility easement, easement ‘B’ at 1515 44th Avenue NE as
presented.
6. Variance for reduced parking requirement for 999 50th Ave NE
Presenting Item: Ursula Brandt, City Planner
MOTION: Move to close the public hearing and waive the reading of draft Resolution No.
2026-026, there being ample copies available to the public.
MOTION: Move to recommend that the City Council approve Resolution No. 2026 -026, a
Variance allowing a 12 parking space reduction for 999 50th Ave NE, Columbia Heights, MN
55408.
OTHER BUSINESS
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.
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OATH OF OFFICE
State of Minnesota )
ss.
County of Anoka )
I, John Gianoulis, do solemnly swear that I will support the Constitution of
the United States, and of the State of Minnesota, and discharge faithfully the duties
devolved upon me as a Planning Commission member of the City of Columbia Heights, to
the best of my judgment and ability.
_________________________________
Subscribed and sworn to before me this 7th day of April, 2026
________________________________
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Item 1.
2026 PLANNING COMMISSION
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Item 2.
Incorporated in 1921 as a Home Rule Charter City
Weak Mayor -Council Organization
City Manager
CITY ORGANIZATION
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Item 2.
MAYOR & CITY COUNCIL
Amáda Márquez Simula, Mayor
2026 Sustainability Commission Liaison
Justice Spriggs, Councilmember
2026 Charter Commission Liaison
Rachel James, Council President
2026 Planning Commission Liaison
Laurel Deneen, Councilmember
2026 Library Board Liaison
Connie Buesgens, Councilmember
2026 Park and Recreation Commission Liaison
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Item 2.
Administration
▪Public Information and Records
▪Council Support
▪Human Resources
▪Communication
▪Elections
Finance
▪Disbursements, receipts and billing
▪Payroll
▪Financial Reporting
▪Budgeting
▪Liquor Operations
Community Development
▪Planning and Zoning
▪Economic Development
▪Building Inspections
Public Works and Engineering
▪Streets and Parks
▪Utilities
▪Public Improvement
IT (Information and Technology)
▪Computer Networks, Telephone System, etc.
Police
▪Public Safety and Policing
▪Community Oriented Policing
▪Crime Prevention
Fire
▪Fire and Emergency Response
▪Emergency Management
▪Commercial Inspections
▪Rental Licensing
▪Property Maintenance
Library
▪Public Library Services
▪Adult Enrichment Programming
▪Children Enrichment Programming
▪Public Computer Use
Recreation
▪Murzyn Hall Management
▪Youth Sports and Enrichment Programming
▪Senior Fitness and Enrichment Programming
▪Adult and Family Sports and Enrichment
Programming
CITY DEPARTMENTS & SERVICES
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Item 2.
CITY MISSION
Columbia Heights is a vibrant, healthy and connected
City. We are here to actively support the community,
deliver equitable services, build and strengthen
connections, improve upon our past, and uphold our
successes. We strive to be better and ensure Columbia
Heights is a great place for everyone, today and in the
future.
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Item 2.
SHORT TERM GOALS
1. Develop architectural and financial plan for replacement of the Public Works building, especially as it relates to
other priorities (before structural failure)
2. Update Parks Master Plan, develop financing plan, and establish interactive communications about the plans
with the community
3. Develop Murzyn Hall renovation plan or identify an alternative new community center plan
4. Prepare long-term, comprehensive plans for single family homes transitioning to rental, including increased
tenant/renter protections and new rental licensing program (following moratorium)
5. Update the five-year Capital Improvement Plan (CIP) focusing on long term maintenance and replacement of
existing facilities
6. Finalize plans for Central Avenue improvements
7. Establish/Re-Establish the City Art Commission and invest in Public Art
8. Find external grants and evaluate establishing a city grant program for Naturally Occurring Affordable Housing
(NOAH) properties
9. Develop a formal process to review goals, develop a system of accountability, and communicate with the public
regarding the City Council’s goals and strategic plan
10. Build End-to-End communications infrastructure for City buildings and sites
11. Educate staff and elected officials on National Incident Management System (NIMS)
12. Develop and implement integrated online services
13. Complete 43rd and Central PUD approval and initiate construction
14. Improve and expand code enforcement, evaluate point-of-sale program
15. Continue working towards creating a City workforce that accurately represents the community
16. Establish centralized translation services for all departments and provide language support services at all public
meetings
17. Strengthen brand awareness across projects, activities, goals, and at the liquor store
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Item 2.
Advise and make recommendations to City
Council to inform its decisions.
Duties include:
Gather citizen input;
Promote and inform;
Explore alternatives; and
Weigh in on proposed policy/projects and
provide input.
PURPOSE OF BOARDS AND COMMISSIONS
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Item 2.
Meetings: First Tuesday of the month at 6:00 pm.
Agendas and related materials distributed 3 days in
advance.
All items for consideration must be submitted in writing 10
days in advance of meeting with contact info of submitter.
7 members plus non -voting Student Commissioners and
Council Liaison. Members are appointed to three -year terms
by Council.
The Community Development Director, Planner, Building
Official and City Attorney shall serve as ex officio members
of the Commission.
Quorum is 4 members.
Officers: Chair, Vice -Chair elected annually.
PLANNING COMMISSION
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Item 2.
Authority and duties. The Planning Commission shall have the following authority
and duties:
(1) The Commission shall prepare a program of work outlining activities to be
undertaken by the Commission. Such a program will include an outline of data
and information to be assembled as a basis for a city plan, an outline of subjects
to be covered by a city plan, and an outline of types of procedure necessary to
make the city plan effective. The work program may be revised from time to time.
(2) The Commission shall prepare, adopt and maintain a comprehensive city plan
for the physical development of the city. Said plan shall include proposed public
buildings, street arrangements and improvements, public utility services, parks,
playgrounds, and other similar developments, and the projected use of property,
density of population, and other matters relating to the physical development of
the city. Such a plan may be prepared in sections, each of which shall relate to a
major subject of the plan, as outlined in the Commission's program of work.
(3) The Commission may from time to time recommend to the Council changes
or additions to the city plan or any section thereof whenever changed conditions
or further studies by the Commission indicate that such amendment or addition
is necessary or desirable.
CITY CODE: PLANNING COMMISSION
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Item 2.
(4) (a) The Commission shall certify and submit to the Council an attested
copy of the city plan or of any section, amendment, or addition to the city plan
and recommend and advise to the Council reasonable and practicable means for
putting into effect the plan, or amendments or additions thereto, so that the
plan will serve as a pattern and guide for the orderly physical development of
the city and as a basis for the efficient expenditure of city funds relating to the
subjects of the city plan.
(b)Such means shall consist of a zoning plan, the control of subdivision plats, a
plan of future streets and street extensions, coordination of the normal
public improvements of the city, a long term program of capital expenditures
and such other matters as will accomplish the purposes of this section.
(5) The Commission shall study and make recommendations for changes to the
official plat map within 40 days after any proposed plat, plat subdivision, or
change to the plat map has been referred to the Commission for study.
CITY CODE: PLANNING COMMISSION
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Item 2.
(a)The Commission may recommend to the Council that the proposal be
approved; be disapproved, for specific reasons as are indicated; or proposal be
approved after specified changes or revisions are made therein, deferral back to
the Commission for review of said revisions or changes may be requested.
(b)Upon the advice of the City Engineer, the Commission may recommend that
the proposed future extension or widening of city streets be indicated on the
plat map.
(6)The Commission shall have such duties and functions as are prescribed by
the zoning code and shall comply with all procedures provided therein. The
Commission shall study and make recommendations on proposed changes to the
zoning code and report thereon to the Council.
(7)Prior to adoption of any amendment or change to the city plan or the
zoning code, the Commission shall hold at least one public hearing with ten
days' notice of the time and place of such hearing to be published in the official
city newspaper.
CITY CODE: PLANNING COMMISSION
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Item 2.
(8)The Commission shall list and classify all local public works permanent
improvements proposed in the city budget for the ensuing fiscal year that have
been referred to the Commission. The Commission shall prepare and recommend
a coordinated program of proposed public works for the ensuing fiscal year to
the Council and to such other officer, department, board, or governmental
bodies as have jurisdiction over the accomplishment of such public work
projects.
(9)The Commission shall submit to the Council a report of its work during the
preceding year on or before January 1 of each year. Said report shall include a
copy of the recommended programs of public works projects, as provided by
division (8) of this section.
(10)The Planning Commission shall perform all duties and functions of the
Housing Advisory and Appeals Board, as established by § 6.202(B).
CITY CODE: PLANNING COMMISSION
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Item 2.
MEMBER DUTIES
Attendance Requirements:
Attend meetings. Immediately notify your staff liaison if you will
be absent so a quorum can be assured.
Notification to City Council will occur if you miss three or more
meetings during a year.
Review meeting agenda and packet.
Must vote on all actions (unless conflict of interest).
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Item 2.
MEMBER DUTIES (CONT.)
Effective Members:
Recognize that serving the community as a whole is the priority.
Advocate and inform.
Are proactive.
Compromise and work as a team.
Do not let personal feelings impact judgment.
For further information, please review the League of Minnesota
Cities’ Planning Commission Guide .
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Item 2.
STAFF SUPPORT
Develops and posts agendas, minutes, and support materials to
the website.
Resource on City policies and procedures.
Helps the commission stay within scope.
Provides technical assistance and prepares background memos.
Keeps attendance and takes minutes.
Meeting setup and coordination.
Notifies interested parties of meeting changes.
Does not work “for” or at the direction of the board.
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Item 2.
ROLE OF COUNCIL LIAISON
Link between Commission and City Council
▪Helps increase Council familiarity of Board
▪Communicates topics that City Council would like discussed
Non -voting and generally do not actively participate
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Item 2.
ROLE OF COMMISSION CHAIR
Preside over all meetings.
Maintain control and order at the meeting.
Find ways to engage members.
Encourage a positive tone.
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Item 2.
HOW A MEETING IS RUN
1.Commission Chair states the item.
2.Staff member provides overview and background information.
3.Members ask questions and make comments.
4.Item is opened for comment to the public if it is a public hearing.
5.If a public hearing, public hearing is closed after those who wish to
speak have and there is another opportunity for member comments
and questions.
6.Once discussion has concluded, the board chair will ask for a motion
based on the general consensus during the discussion.
7.One member will make a motion and if another agrees they will
second.
8.If a motion is made and seconded a vote is made.
9.Motion passes or fails. Additional motions may be proposed.
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Item 2.
OPEN MEETING LAW
Gathering of a quorum or more of a public body where the
public body discusses, decides, or receives information on
issues relating to official business
Chance or social gatherings are okay
Proper notice
▪At least 3 days in advance
▪Date, Time, Place, Purpose (Agenda)
Open to the public
Be careful of serial meetings
▪A →B and A →C
▪A →B and B →C
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Item 2.
WEBSITE
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Item 2.
ITEM: Election of Planning Commission Officers
Presenting Item: Ursula Brandt, City Planner
DEPARTMENT: Community Development BY/DATE: Mitchell Forney, 04/03/2026
CORE CITY STRATEGIES:
XCommunity that Grows with Purpose and Equity
_High Quality Public Spaces
_Safe, Accessible and Built for Everyone
_Engaged, Effective and Forward-Thinking
_Resilient and Prosperous Economy
_Inclusive and Connected Community
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.
2. A Vice Chairperson will be elected.
a. Commission members provide all nominations for Vice 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 Staff Liaison.
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 Staff Liaison.
RECOMMENDED MOTION(S):
MOTION: Move to elect ______________ as Chair of the Planning Commission.
MOTION: Move to elect ______________ as Vice Chair of the Planning Commission.
MOTION: Move to elect ______________ as Secretary/Treasurer of the Planning Commission.
PLANNING COMMISSION
AGENDA SECTION CALL TO OREDER/ROLL CALL
MEETING DATE APRIL 7, 2026
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Item 3.
PLANNING COMMISSION
City Hall—Council Chambers, 3989 Central Ave NE
Wednesday, March 3, 2026
6:00 PM
MINUTES
The meeting was called to order at 6:00 pm by Chair Christopherson.
CALL TO ORDER/ROLL CALL
Commissioners present: Jeffrey Johnson, Dirk Schmitz, Karl Rehfuss, Paul Moses, Clara (Wolfe)
Christopherson, John Gianoulis, and Kyannah McKinney (Youth Commissioner)
Commissioners absent: Ahmed Maameri
Also present: Ursula Brandt, City Planner; Aaron Chirpich, City Manager; Sarah LaVoie, Administrative
Assistant; Mitch Forney, Community Development Director; Laural Deneen, Council Liaison.
APPROVAL OF MINUTES
1. Approval of February 04, 2026, Planning Commission Meeting Minutes
Motion by Rehfuss, seconded by Schmitz, to approve the minutes from the meeting of February 04,
2026. All ayes. MOTION PASSED.
PUBLIC HEARINGS
2. Zoning Ordinance Amendments to Chapter 9 – Land Use:
9.103 Definitions
9.105 Nonconformities 9.106 General Development Standards
9.107 Specific Development Standards
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Item 4.
City of Columbia Heights MINUTES February 04, 2026
Planning Commission Page 2
Introduction: Brandt stated that during the February 4 Planning Commission Meeting, staff brought
forward four areas in the Zoning Code to be updated with the goal of adjusting the Zoning Code to
better reflect community needs while promoting consistency in future development and being in
compliance with State and Federal laws and other city ordinances.
Brandt reviewed the current status of the Ordinance. Places of Worship: The Religious Land Use
and Institutionalized Persons Act (RLUIPA), passed in 2000, mandates that religious assemblies and
institutions be treated at least as well as non-religious assemblies and institutions. The City’s zoning
code restricts “religious facilities/places of worship” to residential zones with a conditional use
permit, while allowing “auditorium/places of assembly”, “banquet hall”, “club or lodge”, “theater -
live performance”, and “theater – movie” in commercial zones. This creates a conflict with RLUIPA.
Brandt noted that staff is recommending the code be updated to add “religious facilities/places of
worship” as permitted with a conditional use permit in General Business (GB) and Central Business
District (CBD). Based on Planning Commission comments staff is also recommending updating the
specific development standards associated with “religious facilities/places of worship” to include
requiring a transportation management plan to address
off-street parking, traffic control, and the impact of the facility on surrounding roadways.
Brandt noted the current state for non-conformities explains that State Statute 462.357 Subdivision
1e states: “Except as otherwise provided by law, any nonconformity, including the lawful use or
occupation of land or premises existing at the time of the adoption of an additional control under
this chapter, may be continued, including through repair, replacement, restoration, maintenance,
or improvement, but not including expansion”. The City’s zoning code does not allow for
“replacement” and is therefore in conflict with the State Statute. Staff is recommending amending
9.105 Nonconformities (C)Nonconforming Structures (4) Repair and maintenance to include
replacement that does not increase the non conformity in any way.
Brandt explained that the current status for Multiple-family dwelling include that when above a
first-floor commercial use The City’s zoning code permits “multiple-family dwelling, when above a
first-floor commercial use” in the Central Business District (CBD), but restricts “Single family
dwelling, when accessory to a commercial use” to the Limited Business (LB) district with a
conditional use permit. Staff is recommending changing the allowed use to “single and multiple
family dwelling, when above a street-level commercial use” in the Central Business District (CBD) to
allow single apartments above commercial uses. Staff is recommending the language to be
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Item 4.
City of Columbia Heights MINUTES February 04, 2026
Planning Commission Page 3
changed from first floor to street level to account for properties that have lower levels that exit out
into parking lots.
Brandt noted On November 24, 2025, the City Council adopted Ordinance 1720 regarding Chapter
5.3 Tobacco Regulations. 9.103, 9.106 and 9.107 in the Zoning Code need to be updated to reflect
the changes. Staff Recommends the following changes:
9.103 Definitions
SMOKE TOBACCO PRODUCT SHOP. A retail establishment that has obtained an appropriate license,
in which greater than 90% of the business’s gross revenue must be from the sale of tobacco,
tobacco products or smoking related accessories, and prohibits persons under 21 from being
present or enter at all times. ACCESSORY TOBACCO RETAILER. A retail establishment that has
obtained an appropriate license from the City and that derives no more than 45% of its gross
revenues from the sale of licensed products.
9.106 General Development Standards
Table of Uses
Add the Accessory Tobacco Retailer use to the table as permitted in all commercial districts.
9.107 Specific Development Standards
(43) Smoke Tobacco Product shops.
a) The smoke shop Must have an entrance door opening directly to the outdoors.
b) Share no wall with, and has no part of its structure adjoined to any other business or
retailer, unless the wall is permanent, completely opaque and without doors, windows and
pass-throughs to the other business or retailer
c) Shall share no walls with, and has no part of its structure directly adjoined to, another
tobacco retailer
b) Greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco
products or smoking related accessories.
c) A tobacco department or section of any individual business establishment with any type of
liquor, food or restaurant license shall not be considered a smoke shop
d) The total number of city-issued smoke shop licenses shall at no time exceed five
d) Any existing smoke tobacco product shops at the time of the passage of Ord. 1570 1720
shall comply fully with the ordinance by December 31, 2010 January 1, 2026.
Brandt noted Section 9.104 (F) of the Zoning Ordinance outlines certain findings of fact that must
be met in order for the City to grant approval for a zoning amendment. The findings are as follows:
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Item 4.
City of Columbia Heights MINUTES February 04, 2026
Planning Commission Page 4
a) The amendment is consistent with the comprehensive plan. The City’s 2040 Comprehensive
Plan identifies strengthening the identify and image of the community as a desirable place
to live, work, and play as well as preserving and enhancing the existing viable commercial
and industrial areas within the community. The zoning code amendments proposed will
help achieve more consistency with the 2040 Comprehensive Plan.
b) The amendment is in the public interest and is not solely for the benefit of a single property
owner. The zoning text amendments are to come into compliance with current City, State
and Federal regulations to ensuring consistency across zoning districts.
c) Where the amendment is to change the zoning classification of a particular property, the
existing use of the property and the zoning classification of property within the general
area of the property in question are compatible with the proposed zoning classification.
The amendment is not to change the zoning classification of a particular property.
d) Where the amendment is to change the zoning classification of a particular property, there
has been a change in the character or trend of development in the general area of the
property in question, which has taken place since such property was placed in its current
zoning classification. The amendment is not to change the zoning classification of a
particular property.
Recommendation: Staff is recommending the following amendments to the Zoning Code:
1. 9.103 Definitions update Smoke Shop to Tobacco Product Shop, make the definition consistent
with the definition in Ordinance 1720 and add the definition of Accessory Tobacco Retailer.
2. 9.105 Nonconformities to include replace in Repair and Maintenance of a Nonconforming
structure but does not allow for an increase in nonconformity with the replacement.
3. 9.106 General Development Standards (S) Table of Uses
a. Amend ‘Multiple family dwelling, when above a first-floor commercial use’ to ‘Single
and Multiple family dwelling, when above street level commercial use’.
b. Change the name of Smoke Shops to Tobacco Product Shops.
c. Add Accessory Tobacco Retailer as permitted in all Commercial Districts.
d. Add Religious facility/place of worship as a Conditional Use in General Business and
Central Business District.
4. 9.107 Specific Development Standards
a. Amend (35) Religious facilities/places of worship for consistency and to require a
transportation management plan.
b. Amend (43) Smoke Shops to be in alignment with Ordinance 1720 as presented in the
Agenda Packet.
Questions/Comments from Members:
Johnson wondered what the stance would be if someone tore down their one-car garage and
replaced it with a three-car, two-story garage. Brandt replied that the individual would need to get
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City of Columbia Heights MINUTES February 04, 2026
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building permits and meet all of the zoning requirements, including setbacks and 35% impervious
surface.
Gianoulis asked about the change in language regarding the location of the dwelling about a first
floor for commercial use. He wondered if someone could have a residence in the basement level
that goes out to the street. Brandt replied that the residence could only be above the street level.
Gianoulis asked if the residence could be on the main level if the commercial space was in the
basement. Brandt replied that the residential space would have to be above the street level.
Public Hearing Opened.
There were no comments.
Public Hearing Closed.
Motion by Moses, seconded by Rehfuss, to waive the reading of the draft Ordinance amendment
NO. 1725, there being ample copies available to the public. All ayes. MOTION PASSED.
Motion by Christopherson, seconded by Rehfuss, to close the Public Hearing. All ayes. MOTION
PASSED.
Motion by Moses, seconded by Gianoulis, to recommend City Council approve draft Ordinance
amendment No. 1725, a Zoning Ordinance Amendment, as presented. All ayes. MOTION PASSED.
3. Comprehensive Plan Amendment for 4300 Central Avenue from Commercial and Park to Transit
Oriented Development
Introduction: Forney stated the City of Columbia Heights is initiating a Comprehensive Plan
Amendment for the property located at 4300 Central Avenue NE. The proposed amendment would
re-guide the site from “Commercial” and “Park” to “Transit Oriented Development.” The 13-acre
property is currently vacant, other than a stormwater pond to the west. Over the years, concepts
that have been explored for the site have included a mix of commercial and residential uses.
However, the current guidance of “Commercial” does not allow for any resid ential uses of the site.
The intent of the Comprehensive Plan Amendment is for the future land use designation to
facilitate potential redevelopment of mixed-use on the site. The stormwater pond is included in the
Comprehensive Plan Amendment, as it may be relocated as part of a development project.
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Forney explained that from the late 2000s through the early 2010s, this property operated as a
shopping center and was home to a variety of businesses over the years, including the last
establishments being: Rainbow Foods, Slumberland, Ace Hardware, Dollar Tree, and Meineke Car
Care. By 2015, the property had fallen into disrepair and was not well-maintained, leading many of
the businesses to close. In 2016, the site was purchased by Hy-Vee. The City worked closely with
Hy-Vee’s development team to create a framework for a Tax Increment Financing (TIF) district to
support redevelopment; however, ultimately, no project moved forward. In 2021, the property was
sold to the developer Alatus, who proceeded to demolish the remaining structures and clean up
the site to prepare it for future redevelopment. The City utilized the Tax Increment Financing (TIF)
framework previously developed with Hy-Vee to begin mortgage-bond structuring and contract
negotiations with Alatus.
Forney noted that since then, Alatus has been evaluating a range of mixed-use development
concepts for the site. The concepts have considered incorporating apartments, commercial uses,
single-family homes, and townhomes or rowhouses. At this time, there are no formal plans or
upcoming development applications. The future project is also expected to address stormwater,
sewer, sidewalk, and roadway improvements as there are major infrastructure improvements
needed in the surrounding neighborhood. When a formal redevelopment proposal comes forward,
it will likely require a rezoning and additional land-use approvals. Updating the Comprehensive
Plan's future land use guidance is an essential first step to enabling a viable redevelopment
pathway.
Brandt noted that the City’s current 2040 Comprehensive Plan guides the eastern portion of this
property for “Commercial”, limiting the site only for nonresidential uses such as retail, office, and
service-oriented businesses. To make future mixed-use redevelopment possible, the City is
proactively initiating this land-use guidance change to “Transit Oriented Development”. The
proposal to re-guide the site as “Transit Oriented Development” will allow significantly greater
flexibility for the opportunity for both residential and commercial uses.
Brandt stated areas guided as TOD have an expected mix of uses of 85% residential and 15%
commercial, and a density of 25 to 65 units per acre. The site is well-suited for a re-guidance to a
TOD designation, as several properties along the Central Avenue corridor are already guided
similarly. In addition, the corridor is slated for a major MnDOT-led reconstruction project proposed
for 2028, which may include the planned F-Line Bus Rapid Transit (BRT) route. These factors,
combined with evolving market conditions and the property’s long-term vacancy, provide support
for a Comprehensive Plan Amendment. Providing greater land-use flexibility will help facilitate
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City of Columbia Heights MINUTES February 04, 2026
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redevelopment, strengthen the City’s tax base, and introduce new r esidential and commercial
activity.
Brandt noted that the land use change may necessitate technical changes related to wastewater,
trip generation, and other key plan elements. These tables spread throughout the plan , will be
updated, and associated implementation measures will be identified based on the impacts. Any
necessary improvements will be development-driven or completed in conjunction with other
planned infrastructure improvements.
Brandt explained that City Community Development Staff, along with HKGi, held a neighborhood
meeting on February 18, 2026, at 5:30 pm at the library to share the proposed amendment to the
2040 Comprehensive Plan. There were around 10 participants who attended the presentation, and
there was an opportunity to join the meeting online to ask questions. The following questions and
concerns raised from the neighborhood meeting are summarized below:
Concerns regarding necessary improvements and maintenance to the on-site stormwater
pond, surrounding neighborhood flooding, and infrastructure issues that are requested to
be heavily considered as part of future development proposals.
Clarification on the details for the Transit-Oriented Development designation.
Concerns about the size and quantity of apartment units.
Concerns about an increase in traffic and access management on Central Avenue, especially
if apartments are proposed.
Brandt stated that, subsequent to the meeting, a two-question public survey, the neighborhood
meeting presentation, and Planning Commission public hearing information were made available
on the City’s website, along with an informational post on the City’s Facebook page. While the
Facebook post generated more than 250 comments, as of February 25, 2026, only 46 responses
have been received on the survey.
Brandt mentioned that overall, many respondents expressed concerns about the proposed
Comprehensive Plan Amendment allowing residential uses on the site. A common sentiment has
been that the City already has a sufficient number of apartment developments, and that additional
apartments would worsen traffic patterns. The preference is for maintaining the property as a
commercial use, particularly for a grocery store, indoor recreation, or other retail-focused uses.
Forney stated that staff acknowledge the concerns raised by the community and have been
carefully evaluating potential impacts. If the property were to retain its commercial future land use
designation, it may remain undeveloped for several more years, as the market does not currently
31
Item 4.
City of Columbia Heights MINUTES February 04, 2026
Planning Commission Page 8
support stand-alone nonresidential uses without the density provided by adjacent residential.
There is a well-documented housing shortage in the Twin Cities, and the concepts have focused on
incorporating a mix of housing types to help meet the community’s diverse housing needs.
Forney explained that this site is well-positioned for increased residential density, given its planned
transit access and location within an already walkable corridor. These factors make the proposed
redevelopment a strong fit for the area and could help facilitate a more viable project in the near
term. Additionally, the development would address both onsite and surrounding neighborhood
infrastructure needs.
Forney mentioned that in order for the City to amend its Comprehensive Plan, a public hearing is
required to be held by the Planning Commission and a recommendation forwarded to the Council.
The plan must also be submitted to affected jurisdictions, including adjacent communities, school
districts, watershed commissions, county, and state agencies. These agencies are to be allowed to
review the amendment and provide comment prior to the City submitting the plan to the
Metropolitan Council. Following review by the City Council, the plan amendments are submitted to
the Metropolitan Council for review of its compatibility and conformity with the regional system
plans. Upon a favorable review by the Metropolitan Council, the City Council puts the amendment
into effect.
Recommendation: Brandt stated staff recommends approval of this Comprehensive Plan
Amendment to re-guide the properties at 4300 Central Avenue NE from the current future land use
of Commercial and Park to Transit Oriented Development.
Questions/Comments from Members:
Schmitz asked how long the process would take with the Met Council. Brandt replied that the City
would take 60 days for the adjacent community review, and then the Met Council would have 60
days to review.
Gianoulis noted that many of the commits included having more green space. He asked if that
could be a parameter as a community need. Forney explained that it could be included in the
negotiation process.
32
Item 4.
City of Columbia Heights MINUTES February 04, 2026
Planning Commission Page 9
Christopherson mentioned that the amendment would allow the City more options for what can be
built on the site. Forney agreed and explained that it would allow the site to be residential and
commercial instead of being limited to what could be on the site.
Public Hearing Opened.
Peter Kopp, City resident explained that it would be helpful for citizens if the Commission explained
which section of the amendment they were speaking on. He asked why the City was not proposing
to zone the site as strictly residential. Brandt replied that the City is not proposing a zoning change,
but they are proposing a land-use change. She added that the developers who have come forward
have proposed mixed-use. Mr. Kopp asked what businesses the City envisioned on the site. Brandt
replied that there are no proposed businesses currently. Right now, the land is open to the
potential of commercial uses. Mr. Kopp asked if the change would put the City at risk and use tax
money to prepare the site. Brandt replied that the developer would be building the business. She
added that the City is working with the developer for bonds to purchase the site. Mr. Kopp
explained that he has worked with terrible landlords in the City that a re operating general-use
properties where they have residents and businesses. He asked how the City would handle trash
collection since it would be mixed-use. Brandt replied that when proposals come through, City staff
can address trash collection and its location. Forney added that the tax implications are not fully
determined until the City has a unit count. The goal for the project is to complete the infrastructure
improvements without major assessments on the neighboring properties.
Matt Sherin, City resident, mentioned that the site has been an issue for years. He mentioned that
the plan should include stormwater and sanitary sewer because they intersect on the site. He
explained that there is an issue with the sanitary sewer and stormwater mixing. He added that the
pond should have been created wider or deeper. There is no correct fluid hydraulic dynamics
between the sanitary sewer and the stormwater. He explained that he has worked with his
neighbors and the City to fix the issue in the area. He shared instances when the City has made
improvements, but there have been negative impacts on the neighborhoods. He expressed his
concern about adding additional residential units to an old sanitary sewer and stormwater system.
He noted that the fluid hydraulic dynamics need to be big enough to accommodate the flow.
Public Hearing Closed.
Motion by Christopherson, seconded by Rehfuss, to close the Public Hearing. All ayes. MOTION
PASSED.
Motion by Schmitz, seconded by Gianoulis, to waive the reading of the draft Resolution 2026-018,
there being ample copies available to the public. All ayes. MOTION PASSED.
33
Item 4.
City of Columbia Heights MINUTES February 04, 2026
Planning Commission Page 10
Motion by Gianoulis, seconded by Rehfuss, to recommend the adoption of Resolution 2026-018, a
resolution for City Council approval of the proposed land use designation of the properties at 4300
Central Avenue to Transit Oriented Development. All ayes. MOTION PASSED.
ADJOURNMENT
Motion by Christopherson, seconded by Rehfuss, to adjourn the meeting at 6:50 pm. All ayes. MOTION
PASSED
Respectfully submitted,
_
Sarah LaVoie, Administrative Assistant
34
Item 4.
ITEM: Vacation of Existing Drainage and Utility Easement at 1515 44 th Avenue NE
Presenting Item: Ursula Brandt, City Planner
DEPARTMENT: Community Development
BY/DATE: Ursula Brandt, City Planner, 3/25/26
CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below)
XCommunity that Grows with Purpose and Equity
_High Quality Public Spaces
_Safe, Accessible and Built for Everyone
_Engaged, Effective and Forward-Thinking
_Resilient and Prosperous Economy
_Inclusive and Connected Community
CASE NUMBER: 2026-PZ03
APPLICANT: Duffy Development Company, Inc.
LOCATION: 1515 44th Avenue NE, Columbia Heights, MN 55421
BACKGROUND
In 2025, Duffy Development Company, Inc was selected by Anoka County, the property owner of 1515 44 th
Avenue NE, to redevelop the lot into an affordable apartment building. The applicant approached Staff to
discuss possible options that would be compliant with current City Code. During this discussion the applicant
noted that the lot had existing easements that if maintained would hinder the p rocess of redevelopment.
Upon review, the applicant and staff determined that the “utility and drainage easement” labeled Easement
‘B’ is the fire lane easement that allowed fire truck access around the assisted living facility on the adjoining
property. A land survey was conducted it was determined that the constructed fire lanes are misaligned with
the easements.
CURRENT STATUS
Staff has coordinated with City Engineering and the City Fire Chief to confirm the findings. Comments
attached. Staff will continue to work to ensure that all requirements will be met in the redevelopment of the
site for access to the buildings on the adjoining properties.
Attached is the plat and land survey identifying the easement to be vacated. Once approved, the applicant is
responsible for filing the vacations with Anoka County.
ZONING ORDINANCE
The Zoning Ordinance requires the Planning Commission to hold a public hearing on the application for the
vacation of a street, alley, or other public right-of-way and submit its recommendation to the City Council. The
PLANNING COMMISSION
AGENDA SECTION PUBLIC HEARINGS
MEETING DATE APRIL 7, 2026
35
Item 5.
City of Columbia Heights - Council Letter Page 2
subject property at 1515 44th Ave NE is zoned R-3 Limited multiple family residential. The surrounding area is
zoned residential, R-3 to the east, R-2A - two family residential to the west and R-1 - Single family residential
to the south, with open space to the north.
COMPREHENSIVE PLAN
The City’s 2040 Comprehensive Plan guides the subject sites as “High Density Residential” as well as the area
to the east, “Low Density Residential” to the south and west and “Park” space to the north.
FINDINGS OF FACT
Section 9.104 (J) of the Zoning Ordinance outlines certain findings of fact that must be met in order for the
City to grant approval for an easement vacation. The findings are as follows:
The City Council shall make each of the following findings before vacating a street, alley, or other public right-
of-way:
a) No private rights will be injured or endangered as a result of the vacation.
This is correct.
b) The public will not suffer loss or inconvenience as a result of the vacation.
This is correct.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend Resolution 2026-019 to the City Council with the
following conditions:
1. Existing fire access must not be reduced or eliminated.
2. A temporary fire access plan is required prior to easement vacation and must meet Fire Code
standards.
3. Final Site Plan must include a compliant fire lane and/or easement with adequate building access and
turning movements.
4. Required fire access easements must be reestablished prior to building permit issue.
5. The applicant shall be responsible for recording the easement vacations with the Anoka County
Recorder’s Office.
36
Item 5.
City of Columbia Heights - Council Letter Page 3
RECOMMENDED MOTION(S):
MOTION: Move to close the public hearing and waive the reading of draft Resolution No. 2026 -019, there
being ample copies available to the public.
MOTION: Move to recommend that the City Council approve Resolution 2026-019, vacating the drainage
and utility easement, easement ‘B’ at 1515 44th Avenue NE as presented.
ATTACHMENT(S)
1. Draft Resolution No. 2026-019
2. Application Narrative
3. Plat
4. Land Survey
5. Fire Comments
6. Public Hearing Notice Affidavit
37
Item 5.
RESOLUTION NO. 2026-019
A RESOLUTION APPROVING AN EASEMENT VACATION FOR THE DRAINAGE AND UTILITY EASEMENT
LOCATED ON THE PROPERTY AT 1515 44TH AVENUE NE, COLUMBIA HEIGHTS, MN 55421
BE IT RESOLVED BY the City Council (the “Council”) of the City of Columbia Heights, Minnesota (the “City”) as
follows:
A proposal (Planning Case 2026-PZ03) has been submitted by Duffy Development to the Planning Commission
requesting an easement vacation at the following site:
ADDRESS: 1515 44th Avenue NE
Columbia Heights, MN 55421
THE APPLICANT SEEKS THE FOLLOWING: Easement vacation per Code Section 9.104. (J), of the drainage and
utility easement, easement ‘B’ at 1515 44th Avenue NE.
The Planning and Zoning Commission held a public hearing as required by the City Zoning Code on April 7, 2026;
The City Council has considered the advice and recommendations of the Planning Commission and staff
regarding the effect of the proposed easement vacation 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;
In accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City
Council makes the following:
FINDINGS OF FACT
1. No private rights will be injured or endangered as a result of the vacation.
2. The public will not suffer loss or inconvenience as a result of the vacation.
NOW, THEREFORE, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of
this easement vacation; and in granting approval the City and the applicant agree that the easement vacation
shall become null and void if the resolution is not recorded with Anoka County within one (1) calendar year after
the approval date, subject to petition for renewal.
CONDITIONS OF APPROVAL
1. Existing fire access must not be reduced or eliminated.
2. A temporary fire access plan is required prior to easement vacation and must meet Fire Code
standards.
3. Final Site Plan must include a compliant fire lane and/or easement with adequate building access and
turning movements.
38
Item 5.
City of Columbia Heights - Council Resolution Page 2
4. Required fire access easements must be reestablished prior to building permit issue.
5. The Applicant shall be responsible for recording the easement vacations with the Anoka County
Recorder’s Office.
ORDER OF COUNCIL
Passed this _________ day of ______________________, 2026
Offered by:
Seconded by:
Roll Call:
Amáda Márquez Simula, Mayor
Attest:
Sara Ion, City Clerk / Council Secretary
39
Item 5.
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41
Item 5.
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ITEM 13 OF SCHEDULE B-II
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E. G. RUD & SONS, INC.
Professional Land SurveyorsEST. 1977
6776 Lake Drive NE, Suite 110Lino Lakes, MN 55014
Tel. (651) 361-8200 Fax (651) 361-8701
www.egrud.com
ALTA/NSPS LAND TITLE SURVEY
~for~ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY
~of~1515 44TH AVENUE NE, COLUMBIA HEIGHTS, MINNESOTA 55421
DRAWN BY:KCM JOB NO:240076AB DATE:2/15/24
KCMCHECK BY:
1
2
3
NO.DATE DESCRIPTION BY
240076ABS:\RUD\CAD\24PROJ\240076AB\240076AB ALTA.DWG
Thursday, February 15, 2024 10:47:48 AM
FIELD CREW: BH/BJ
030 30 6015
10 VICINITY MAP
N W N E
S W S E
DENOTES RETAINING WALL
DENOTES FENCE
LEGEND
DENOTES IRON MONUMENT FOUND AS LABELED
DENOTES IRON MONUMENT SET, MARKED RLS# 58542
DENOTES ANOKA COUNTY CAST IRON MONUMENT
DENOTES CATCH BASIN
DENOTES HYDRANT
DENOTES WATER VALVE
DENOTES SIGN
DENOTES CONCRETE SURFACE
DENOTES BITUMINOUS SURFACE
DENOTES LIGHT POLE
DENOTES STORM SEWER APRON
DENOTES MISCELLANEOUS MANHOLE
DENOTES FIBER OPTIC BOX
DENOTES BOLLARD
DENOTES AIR CONDITIONING UNIT
DENOTES FLAG POLE
DENOTES SANITARY SEWER MANHOLE
DENOTES SET PKNAIL
DENOTES SCHEDULE B-II EXCEPTION NO.99
11
13
14
15
16
18
Item #9 -Assessments, covenants, conditions, terms, restrictions, easements, and obligations
contained in Development Agreement and Declaration of Covenants, between the
developer and the City Columbia Heights, filed 01/24/84, as Document No. 634210,
and amended by Agreement of Amendment, filed 03/05/84, as Document No.
636928.
[SURVEYOR'S NOTE: Said documents contain no plottable easements. Not shown
hereon.]
Item #10 -Covenants, conditions, restrictions, obligations, and easements contained in the
Declaration of Easements, Party Wall, Licenses and Covenants, dated 03/15/91, filed
03/15/91, as Document No. 926019, and any amendments/supplements thereto.
[SURVEYOR'S NOTE: Easements and party wall line as described in said document are
shown hereon.]
Item #11 -Covenants, conditions, restrictions, obligations, and easements contained in the
Amended and Restated Declaration of Easements, Party Wall, Licenses and
Covenants, dated 06/03/92, filed 06/17/92, as Document No. 984340, and any
amendments/supplements thereto.
[SURVEYOR'S NOTE: Easements and party wall line as described in said document are
shown hereon.]
Item #12 -Covenants, conditions, restrictions, obligations, and easements contained in the
Declaration of Covenants and Development Agreement, dated 09/14/98, filed
09/29/98, as Document No. 1374370, and any amendments/supplements thereto.
[SURVEYOR'S NOTE: Said document contains no plottable survey related items. Not
shown hereon.]
Item #13 -Assessments, covenants, conditions, terms, restrictions, easements, and obligations
contained in Agreement With Respect to Easements and Party Wall, by and between
Crest View Corporation and Columbia Village, and the terms and conditions thereof,
filed 01/11/00, as Document No. 1479940.
[SURVEYOR'S NOTE: The legal description for the ingress, egress, and parking
easement intended to be within Lot 1 hereon is ambiguous and describes the
easement as being part of Lot 3, Block 1. "Exhibit C" within said document appears to
have a typographical error in the description pertaining to the lot numbers.]
Item #14 -Party Wall Agreement and the terms and conditions thereof, contained in Declaration,
filed 06/17/92, as Document No. 984340.
[SURVEYOR'S NOTE: Party wall line as described in said document is shown hereon.]
Item #15 -An easement for ingress and egress purposes over that part of the East 44 of the
West 193 feet of the Northeast Quarter of Section 36, Township 30, Range 24, lying
southerly of the south line of Crest View Communities to the northerly curb line of
44th Avenue NE as laid out and constructed, as contained in the First Amended Deed
of Appurtenant Easement dated 09/14/98, recorded 09/29/98, as Document No.
1374369.
[SURVEYOR'S NOTE: As shown hereon.]
Item #16 -An easement for utility purposes as shown in First Amended Deed of Appurtenant
Easement dated 09/14/98, recorded 09/29/98, as Document No. 1374369.
[SURVEYOR'S NOTE: Partially shown hereon.]
Item #17 -A Grant of Easement by and between Crest View Corporation and Comcast of
Minnesota, Inc., and the terms and conditions thereof, filed 02/04/11, as Document
No. 2020388.004.
[SURVEYOR'S NOTE: Said easement appears to be blanket in nature over the
surveyed property. Not shown hereon.]
Item #18 -All Easements, including those for utility and drainage purposes, if any, as shown on
the recorded plat of Crest View Communities.
[SURVEYOR'S NOTE: The drainage and utility easements per the plat of CREST VIEW
COMMUNITIES are shown hereon.]
GENERAL NOTES
1.Fee ownership is vested in Crest View Corporation, a
Minnesota nonprofit corporation.
Parcel ID Numbers: 36-30-24-21-0162.
2.Per Title Commitment, the surveyed property's address is
1515 44th Avenue NE, Columbia Heights, MN 55421.
3.Bearings shown hereon are based on the Anoka County
Coordinate System.
4.The surveyed premises has indirect access to 44th Avenue
NE, public streets, by way of easements across adjoining
parcels, as shown hereon.
5.No identifiable parking stalls were observed on the surveyed
property at the time of the survey.
6.Subsurface and environmental conditions were not
examined or considered during the process of this survey.
No statement is made concerning the existence of
underground or overhead containers or facilities that may
affect the use or development of the surveyed premises.
7.Title Commitment Number 231144136-1, dated November
14, 2023 at 8:00 AM, prepared by Prestige Commercial
Title, as issuing agent for Commonwealth Land Title
Insurance Company, Schedule B, Part II Survey Related
Exceptions:
2/15/2024
I hereby certify to Anoka County Housing and Redevelopment Authority; and to Prestige Commercial Title, as
issuing agent for Commonwealth Land Title Insurance Company that this is a survey of:
Lot 1, Block 1, Crest View Communities, Anoka County, Minnesota.
Abstract Property.
and is based upon information found in Title Commitment Number 231144136-1, dated November 14, 2023 at
8:00 AM, prepared by Prestige Commercial Title, as issuing agent for Commonwealth Land Title Insurance
Company, and that all easements, if any, listed in Schedule B-II on the herein referenced commitment for title
insurance, are shown hereon; and that this map or plat and the survey on which it is based were made (i) in
accordance with "Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys," jointly established
and adopted by ALTA and NSPS in 2021, and (ii) pursuant to the Accuracy Standards as adopted by ALTA and
NSPS and in effect on the date of this certification, the undersigned further certifies that in my professional
opinion, as a land surveyor licensed in the State of Minnesota, the Relative Positional Accuracy of this survey does
not exceed that which is specified therein and includes Items 1, 7(a), 8, 9 & 10 of Table A thereof. The field work
was completed on February 13, 2024.
I further certify that this survey was prepared by me or under my direct supervision and that I am a duly Licensed
Land Surveyor under the laws of the State of Minnesota.
CERTIFICATION
Date:
E.G. Rud & Sons, Inc.
Kevin C. McCain, Land Surveyor
Minnesota License No. 58542
Easement 'B'
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Item 5.
INTEGRETITY PRIDE HONOR EXCELLENCE DUTY
825 41st Avenue NE • Columbia Heights, MN 55421 • Ph: 763-706-8150 • Email: fire@columbaiheightsmn.gov • www.heightsfire.com
April 2, 2026
Ursula,
Thank you for the opportunity to review the requested temporary vacation of easements for the
property located at 1515 44th Avenue NE (former Royce Place site).
Based on review of the submitted application and supporting survey materials, the Fire Department
provides the following comments:
Summary
The Fire Department does not object to the proposed easement vacation, provided that compliant fire
apparatus access is maintained during redevelopment and is included in the final site configuration.
Conditions
• Existing fire access must not be reduced or eliminated.
• A temporary fire access plan is required prior to easement vacation and must meet Fire Code
standards.
• The final site plan must include a compliant fire lane and/or access easement with adequate
building access and turning movements.
• Required fire access easements must be reestablished prior to building permit issuance.
• Ongoing coordination with the Fire Department is required through site design and approval.
Conclusion
The request is acceptable under the above conditions. Please include these comments in the review
packet.
Regards,
Daniel O’Brien
Fire Chief
43
Item 5.
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Item 5.
V
PLANNING COMMISSION
AGENDA SECTION PUBLIC HEARINGS
MEETING DATE APRIL 7, 2026
ITEM: Variance for reduced parking requirement for 999 50 th Ave NE.
Presenting Item: Ursula Brandt, City Planner
DEPARTMENT: Community Development BY/DATE: Ursula Brandt, City Planner, 3/25/26
CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below)
XCommunity that Grows with Purpose and Equity
_High Quality Public Spaces
_Safe, Accessible and Built for Everyone
_Engaged, Effective and Forward-Thinking
_Resilient and Prosperous Economy
_Inclusive and Connected Community
CASE NUMBER: 2026-PZ04
APPLICANT: Tanek, Inc on behalf of A&A Properties LLP
LOCATION: 999 50th Avenue, Columbia Heights, MN 55421
BACKGROUND:
In 2016, the last remaining tenant, a dental office, vacated the property at 999 50th Avenue, resulting in the
building remaining fully vacant to the present day. Over the past decade, City staff have received multiple
inquiries regarding potential redevelopment of the site; however, none have advanced to an approved or
completed project.
In 2022, A & A Properties acquired the subject property and initiated an evaluation of potential uses for the
existing building. The applicant has engaged in ongoing discussions with City staff to identify site constraints
and applicable regulatory requirements. Staff have advised that any proposed use would require the building
to be brought into compliance with current building and fire codes, including accessibility requirements under
the Americans with Disabilities Act and the installation of an approved fire suppr ession system.
Based on these discussions, both staff and the applicant have concluded that establishing a viable use within
the approximately 12,000 square foot building would present significant challenges. Specifically, compliance
with applicable health and safety standards, in combination with the need to maintain a parking demand not
exceeding 41 spaces, substantially limits feasible reuse options for the property.
A & A Properties is requesting approval of a variance from the off street parking requ irements for the property
located at 999 50th Avenue NE. The applicant is proposing to establish a café/restaurant (food service, full-
service) within the existing building. For this use City Code 9.106 (L), requires off street parking equal to 30 %
of the building’s occupant capacity, which results in a requirement of 53 parking spaces. The subject property
currently contains 41 parking spaces, resulting in a deficiency of 12 spaces. The applicant seeks a variance for
45
Item 6.
Page 2
the following:
1. Variance to allow a 12 space reduction in required parking, from 53 to the existing 41 parking spaces.
ZONING ORDINANCE
The Zoning Ordinance requires the Planning Commission to hold a public hearing on the application for the
variance and submit its recommendation to the City Council. The subject property is zoned GB (General
Business) and the surrounding area is zoned GB to the east and north, with R-2B (One and Built as Duplex
Residential) to the south and R-2A (One and Two Family Residential) to the east. The use of the property as a
business and food service complies with the Zoning Code and is otherwise code compliant.
COMPREHENSIVE PLAN
The City’s 2040 Comprehensive Plan guides the subject site as “Commercial” as well as the area to the south,
east and north and the west as “Medium Density Residential”. The proposed use and parking variance is
consistent with the goals and intent of the Comprehensive Plan.
CURRENT STATUS
Staff has reviewed the variance materials submitted including floor plans, applicant narrative, and site plan
illustrating the proposed use of the building and its relation to adjacent properties and structures as well as the
existing parking associated with this property.
FINDINGS OF FACT
Section 9.104 (G) of the Zoning Ordinance outlines required findings of fact that must be met for the City to
grant approval for a Variance. The findings are as follows:
The City Council shall make each of the following findings before granting a 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 or dinance. The applicant, however, is proposing
to use the property in a reasonable manner not permitted by the zoning ordinance.
This is correct. Strict adherence to the off-street parking requirements would result in practical
difficulties due to the specific conditions of the subject property. The existing building occupies a
significant portion of the site, and the parcel is further constrained by surrounding development,
limiting the ability to expand or reconfigure the site to accommodate additional parking.
In addition, since the construction of the building, the City’s zoning ordinance has been amended,
resulting in increased parking requirements. As a result, if the entire building is utilized only three uses
allowed in the General Business District could meet current parking standards on this property.
Despite these constraints, the applicant is proposing a reasonable use of the property by establishing a
café/restaurant within the existing structure, which is consistent with the intent of the zoning district.
(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.
This is correct. The site contains an existing building that occupies a substantial portion of the parcel,
limiting opportunities for site modification. In addition, physical constraints, including a change in 46
Item 6.
Page 3
elevation between the subject property and adjacent parcels, restricts the ability to expand parking or
establish shared parking arrangements with neighboring properties. These site specific conditions
distinguish the property from others in the General Business zoning district.
(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. The practical difficulties are not caused by the current property owner or any person
having legal interest but due to changes in the zoning code.
(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 commercial districts.
(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 restaurant in a building that has been
left vacant for more than a decade.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend Resolution 2026-026 to the City Council with the
following conditions:
1. The variance applies to the use of food service, full-service, any change in the proposed use will require
a reassessment of the parking requirement.
2. The building construction and remodel shall comply with all applicable local and State building code.
3. A Building Permit Application must be submitted prior to any demo or construction.
RECOMMENDED MOTION(S):
MOTION: Move to close the public hearing and waive the reading of draft Resolution No. 2026-026, there
being ample copies available to the public.
MOTION: Move to recommend that the City Council approve Resolution No. 2026-026, a Variance allowing
a 12 parking space reduction for 999 50th Ave NE, Columbia Heights, MN 55408.
ATTACHMENT(S):
1. Draft Resolution
2. Applicant Narrative
3. Site Location Map
4. Site Plan
5. Proposed Use Upper Level 47
Item 6.
Page 4
6. Proposed Use Lower Level
7. Building Department Comments
8. Comments received from the public
9. Public Hearing Notice Affidavit
48
Item 6.
RESOLUTION NO. 2026-026
A RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY 999 50TH AVE NE COLUMBIA
HEIGHTS, MN 55421
BE IT RESOLVED BY the City Council (the “Council”) of the City of Columbia Heights, Minnesota
(the “City”) as follows:
A proposal (Planning Case 2026-PZ04) has been submitted by Tanek, Inc on behalf of A&A
Properties LLP to the Planning Commission requesting approval of a Variance at the following
location:
ADDRESS: 999 50th Avenue NE (25-30-24-23-0002)
LEGAL DESCRIPTION:
THAT PART OF LOTS 8 & 9 AUDITORS SUBDIVISION NO 153 LYG ELY & SLY OF ALDI ADDITION, WLY
OF MATHAIRE ADDITION & NELY OF 50TH AVE NE
THE APPLICANT SEEKS THE FOLLOWING:
1. Variance to allow a reduction of required parking by 12 spaces. City Code Section 9.106
(L) requires parking spaces for 30% of building capacity for a food service, full-service
use.
The Planning Commission held a public hearing as required by the City Zoning Code on April 7,
2026;
The City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed variances upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concern related to traffic , property
values, light, air, danger of fire, and risk to public safety, in the surrounding area;
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the
City of Columbia Heights, the City Council makes the following:
FINDINGS OF FACT
1. 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.
49
Item 6.
2. 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
classifications.
3. 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.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
5. 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.
CONDITIONS
1. The variance applies to the use of food service, full-service, any change in the proposed
use will require a reassessment of the parking requirement.
2. The building construction and remodel shall comply with all applicable local and State
building code.
3. A Building Permit Application must be submitted prior to any demo or construction.
ORDER OF COUNCIL
Passed this _________ day of ______________________, 2026
Offered by:
Seconded
by:
Roll Call:
Amáda Márquez Simula, Mayor
Attest:
Sara Ion, City Clerk / Council Secretary
50
Item 6.
architecture specialty millwork virtual vision project management
118 E. 26th Street Suite 300 Mpls, MN 55404 P:612-879-8225 F:612-879-8152 www.tanek.com
Address: 999 50th Ave NE, Columbia Heights, MN 55421
Zoning District: GB – General Business District
Narrative
Property is an existing, vacant commercial building constructed in 1976, consisting of approximately
12,000 square feet on two levels. The previous use of the building prior to vacancy was a dental office.
The owner is requesting a variance from the off-street parking requirements provided in the zoning code
to allow for the use of the upper level as a café. Estimated occupancy load:
Upper Level 5,563 SF (useable)
Kitchen 1,404 SF / 200 = 8 OCC
Cafe/Restaurant 1,620 SF / 15 = 108 OCC
Office 559 SF / 150 = 4 OCC
Storage 596 SF / 300 = 2 OCC
Patio 485 SF / 15 = 33 OCC
Circulation/Restrooms 899 SF / 0 = 0 OCC
Total Upper Level = 155 OCC
Lower Level 5,514 SF (useable)
Storage/Mechanical 5,514 SF / 300 = 19 OCC
Total Lower Level = 19 OCC
Total Building = 174 OCC
Zoning code requires “food service, limited” to provide parking equal to 30% of the building capacity.
This would require 53 parking stalls for building based on the estimated occupancy load.
The property contains 41 existing parking stalls. As shown on the existing site plan, the site is fully
developed, with no reasonable or practical way to expand the parking count to meet the zoning
requirements of the proposed use. The physical constraints of the property (including the existing
building footprint, required parking aisle widths, and lot extents) prevent the addition of parking stalls
sufficient to achieve compliance with zoning requirements.
The property has been vacant since the current owner purchased it in 2022. The lot size, configuration,
building placement, and parking layout predate the proposed use and ownership. This request does not
arise from a desire to intensify the site beyond its physical capacity, but rather to allow reasonable reuse
of a long-vacant commercial building.
Strict enforcement of the off-street parking requirement would limit the possible uses for the building,
due to physical constraints that cannot be mitigated. This constitutes a practical difficulty that justifies
the requested variance.
51
Item 6.
Location Map
52
Item 6.
sp-01
existing site plan
1" = 20'-0"
ns
I hereby certify that this plan,
specification or report was prepared by me
or under my direct supervision and that I
am a duly licensed architect under the laws
of the state of minnesota.
999 50th Ave NE
Columbia Heights, MN 55421
118 E. 26th Street
Suite 300
Minneapolis, MN 55404
P:612-879-8225
F:612-879-8152
www.tanek.com
name date
license number
issue date 2026.02.20
name
scale
signature
copyright Tanek 2026
24515
Nathaniel Shea 2026.02.20
53
Item 6.
issued 02/20/2026proposed upper level floor plan
a-2www.tanek.com
118 E. 26th Street Suite 300 Minneapolis, MN 55404
P:612-879-8225 F:612-879-8152999 50th Ave NE
Cafe Concept scale: 3/32" = 1'-0"
Columbia Heights, MN 55421
54
Item 6.
issued 02/20/2026proposed lower level floor plan
a-1www.tanek.com
118 E. 26th Street Suite 300 Minneapolis, MN 55404
P:612-879-8225 F:612-879-8152999 50th Ave NE
Cafe Concept scale: 3/32" = 1'-0"
Columbia Heights, MN 55421
55
Item 6.
City of Columbia Heights | Community Development
3989 Central Avenue NE, Columbia Heights, MN 55421 ▪ Ph: 763-706-3670 ▪ Fax: 763-706-3671 ▪ www.columbiaheightsmn.gov
03/16/2026
999 50th Ave NE Café variance
This notice is in response to a variance request at 999 50th Ave NE.
Although the Building Department does not have comments that directly pertain to the
variance request, it should be noted that the proposed change in use of the building will trigger
additional code requirements. Specifically, the building will be required to fully comply with MN
accessibility standards, which may necessitate the installation of an elevator. Additionally, the
entire building will be required to be equipped with an automatic fire suppression system in
accordance with Minnesota Rules Chapter 1306, Subpart 2.
If you have questions regarding this matter or require assistance with the permitting or
inspection process, please contact the Community Development Department at (763) 706-
3670.
Sincerely,
Ryan Smith
Building Official
56
Item 6.
Public Comments Received Via Phone Calls
3/19/2026
TK of 1060 50th Ave, Columbia Heights
Concerned about the increased traffic at the corner as well as possible location of
overflow parking.
57
Item 6.
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Item 6.