HomeMy WebLinkAbout2006 [09] Sep 05
www.cityofstjoseph.com
1. Call to Order
Administrdtor
Judy Weyrens
2.
Approve Agenda
MdYor
Richdrd Cdrlbom
3.
Approve Minutes
4.
7 :00 PM
Councilors
AI Rdssier
Ross Rieke
Renee Symdnietz
Ddle Wick
5.
7: 10 PM
6.
7:25 PM
7:
7:30 PM
8.
7:45 PM
9.
8:00 PM
10. Adjourn
CITY Of ST. JOSEPH
St. Joseph Planning Commission
September 5, 2006
7:00 PM
Public Hearing - futerim Use Permit, Kathyrn Kalkman
209 East MN Street
Owner Occupied Rental
Public Hearing - Variance, Jennifer Miller
307 College Avenue North
Side Yard Variance
Public Hearing - Ordinance Amendment
Indoor Recreational- Special Use Permit
fudustrial Zoning District
Public Hearing - Special Use Permit, Crystal Heller
700 -15th Avenue NE
fudoor Recreational Use
Development Review - Sisters ofthe Order of St. Benedict
Construction of Hermitages
Sign Ordinance, Moratorium Discussion
2') College Avenue North. PO Box bbs . Sdint. joseph. Minnesotd ')bn4
Phone ,20.,b"7201 FdX ,20.,b,.O'42
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Draft
August 7,2006
Page 1 of 3
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Monday, August 7,2006 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair Gary Utsch. Commissioners: S. Kathleen Kalinowski, Marge Lesnick, Bob Loso,
Jim Graeve, AI Rassier, Mike Deutz. City Administrator Judy Weyrens.
Others Present: Dennis Stueve, Cheri Burg, Charles Burg, Crystal Heller, Dean Wick, T J Ortmann
Aqenda: Lesnick made a motion to approve the agenda; seconded by Loso and passed
unanimously.
Minutes: Loso made a motion to approve the minutes of June 5, 2006 with the changes made per
Kalinowski; seconded by Graeve and passed unanimously.
Interim Use Permits: Weyrens stated that the Planning Commission reviews the Interim Use Permits
annually. She advised the commissioners that Brandon Kappes, 32 - 1st Avenue SE, no longer has an
Interim Use Permit, as he never completed the process last year. She also stated that the only property
with any contact over the past year is that of T J Ortmann, 308 - 10th Avenue SE.
Loso made a motion to approve the Interim Use Permits as presented; seconded by Lesnick.
Utsch administered his rental housing update for the Interim Use properties. He stated the following:
. Brandon Kappes, 32 - 1st Avenue SE should be removed from the list of Interim Use Permits, due to
the fact that he did not comply last year. .
. Linda Hutchinson, 133 - 5th Avenue SE, has not yet had any inspections on her property and, as a
result, she must re-apply for an Interim Use Permit.
· Patrick Conway, 35 - 2nd Avenue SE, has not followed through with the corrections from his first
inspection, which was to be completed by August 1. Utsch spoke with him today and he was to have
his inspections scheduled by August 15, 2006 for both this year and for his corrections.
According to Rassier, the permits for Hutchinson and Conway should not be held up if the required
inspections are completed.
Loso withdrew his original motion and Lesnick withdrew her second.
Based on prior discussions, the following have had no violations or issues within the past year:
· Mike Bader, 101 - 5th Avenue NW
· Jim Odegard, 763 College Avenue S
· Brian Shields, 321 Cypress Drive
The following properties are not in compliance:
· Linda Hutchinson, 133 - 5th Avenue SE
· Patrick Conway, 35 - 2nd Avenue SE
The following property owner had a noise complaint within the past year:
· Timothy Ortmann, 308 - 10th Avenue SE
Deutz made a motion to approve the Interim Use Permits for Bader, Odegard, and Shields. The
motion was seconded by Graeve and passed unanimously.
Deutz made a motion to approve both Conway and Hutchinson if they are in compliance by
September 1,2006. The motion was seconded by Rassier and passed unanimously.
T J Ortmann, 308 - 10th Avenue SE, approached the commissioners to discuss the noise complaint for his
property. Deutz questioned Ortmann as to whether or not he was home at the time of the incident, to
which Ortmann stated he was not. According to Ortmann, only one of the people involved was living in
Draft
August?,2006
Page 2 of 3
the house at the time (Adam) and he has since moved out. Deutz advised him that he is responsible for
any incidences that occur on the property whether he is there or not. Ortmann advised the
Commissioners that Adam no longer lives there. He stated he has two roommates: Ryan Kettenacker and
Robert Klatt.
When questioned what happens when these types of issues arise, Weyrens stated that there is no policy
set up, as there haven't been any issues yet. Utsch suggested that in these types of situations, the
property owner be given a probationary period of 6 months. Rassier added that the rental units in town
need to respect the neighbors around them.
Rassier made a motion to review the Interim Use Permit again in 6months after the probationary
period has expired and if there were any violations, the Interim Use Permit would be removed. The
motion was seconded by Deutz and passed unanimously.
Relating to the rental issue, Loso asked why some rental properties are not kept up. Utsch stated that the
rentals are inspected at the time of their yearly inspection or if there is a complaint regarding a specific
property. He also stated that they plan to do a better job checking that all items get taken care of.
Dennis Stueve, 111 Able Street E, approached the Commissioners to state his concerns with the Kappes
residence. Previously, he has applied for an Interim Use Permit; however that has not been re-issued.
Stueve stated that he is unhappy with the amount of care that he does for his property, such as the
weeds in his yard. Rassier advised Stueve that the City has a weed inspector and he has been working to
get these types of yards cleaned up.
Recreation Use - Industrial Park: Weyrens indicated that the City has received a request to allow a
recreational facility in the Industrial Park. She stated that the property that they are looking to occupy is
the former meeting grounds building owned by Dave Mehr. She stated that if the Planning Commission
approves this as a permitted use in the Industrial Park, they would be required to get a Special Use
Permit.
Dean Wick, Outsource Management, approached the Commissioners along with Crystal Heller to
represent Bounce, Inc. According to Wick, they have been looking at a lot of different options for the
business. Although this space is less than they originally wanted, they feel that this would be a good
place for them to start their business. He also mentioned that the County denied their request for space in
the St. Joseph Industrial Park East.
There will be two party rooms and a bounce arena at the facility in which there will be inflatable kids
games. This will be primarily used for children's birthday parties. Heller stated that the children will be
anywhere from 3-14 years old. The hours will be as follows:
Tuesday - Thursday Noon - 8:00 PM
Friday - Saturday Noon - 10:00 PM
Sunday Noon - 8:00 PM
For a child's party, they are allowed 2 hours in the party room and 1 hour in the bounce arena. 2 hours of
the day will be reserved for public time in the arena.
Wick indicated that this would be an incubator business and that they plan to grow over the next couple of
years. Loso questioned when they plan to move to a larger facility. Wick stated hopefully within 3-5years.
Utsch stated that this use would fit as a special use, which would require a public hearing. Deutz stated
that although this use is not directly mentioned in the Ordinance, he feels that this would be a good area
for a start-up business. Lesnick questioned the signage and they stated that they would have a sign on
the front of their building. According to Rassier, this would be a good spot for the business to start-up;
however, he stated it might be a better option for use in a recreational zoning district. Loso stated that this
is a good area for this business as they have the high ceilings that they need and it would be best to
occupy the building rather than leave it vacant.
Draft
August 7,2006
Page 3 of 3
loso made a motion to set the Public Hearing for a Special Use Permit for this incubator business
for September 5, 2006.
Lot Split Request - 813 E Minnesota Street: Weyrens stated that there is a lot located near Scherer
Trucking that the owners are looking to split. The existing lot is large enough to accommodate the split.
She stated that the owners are looking to split the lot East and West; however, the only way the split will
work is if it is split North and South.
Loso made a motion to approve the North/South Lot Split for 813 E Minnesota Street. The motion
was seconded by Kalinowski.
Utsch questioned what the lot sizes would be once the lot is split to which Weyrens advised them that
those numbers have not yet been determined. Utsch also questioned whether or not there is enough
room for the driveways. Charles Burg approached the Council as the property owner requesting the split.
He stated that they want to divide the property east and West and provide one lot with access to
Minnesota Street and one lot with an easement for a driveway. Weyrens advised Burg that the lot must
abut a City street. Graeve agreed with the homeowners stating that one access to Minnesota Street
would be safer; however Loso stated that they must comply with the City's Ordinances. Weyrens also
advised the Commissioners that the water and sewer were stubbed in for this property in the event that
this lot was split. Deutz questioned whether or not there is a minimum lot width that they must have, to
which Weyrens stated is 75'.
The motion passed unanimously.
Ordinance Meetinq: Based on discussion, the meeting to discuss the ordinance amendments is set for
August 23,2006 at 7:00.
Clinton Villaqe Lots: Loso questioned the sale of the lots in Clinton Village. Weyrens stated that there
. were two lots and both were platted and reserved for access to future development. After reviewing the
plans for development, these lots are not needed for access roads. Both lots have large easements on
them. According to Weyrens, the City had no need to keep the lots. She also mentioned that the adjoining
property owners were offered the lots before they were up for sale.
Adiourn: Deutz made a motion to adjourn; seconded by Lesnick and passed unanimously.
I Attachment: Yes or No
REQUEST FOR PLANNING COMMISSION ACTION
Interim Use Permit
DATE: September 5, 2006
AGENDA ITEM
Public Hearing-
Interim Use Permit, Owner Occupied Rental
Kathryn Kalkman, 209 East'Minnesota Street
PREVIOUS ACTION
In 2003 the Planning Commission considered the Interim Use request of Kathryn Kalkman to allow an
owner occupied rental property in a Rl Zoning District. At the public hearing Kalkman stated thatthey
only needed the Interim Use Permit for three years. Therefore, when the IP was issued, it included a
sunset of 2006. Therefore, this year the property was not eligible for a rental license.
Since that time Kalkman has requested to extend the IP. Since the sunset provision was a contingency,
the property owner must complete a new hearing process to continue with an Interim Use Permit.
RECOMMENDED PLANNING COMMISSION ACTION
Provided that Kathryn is residing at the home; recommend the Council approve the Interim Use Permit as
requested.
COMMENTS/RECOMMENDATIONS
In reviewing the police records for the IP term, only one incident has been documented and is included in
your packet. The City Office has also received a complaint that Kathryn is no longer residing at the
residence as her sister has taken her place. I contacted Kathryn and she indicted that she still is residing at
the residence. The Planning Commission may wish to confirm that she is in fact still living in the home at
209 East Minnesota Street.
Resolution of finding
The request of Kathryn Kalkman for an Interim Use Permit request came before the Planning
Commission at a public hearing held on September 5,2006. The purpose of the hearing was to consider
issuance of an Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District.
The property is legally described as Lot 012 Block 001 Eastern Park Addition according to the plat and
survey thereof on file and of record in the Office of the County Recorder in and for the County of Stearns
and State of Minnesota located at 209 East Minnesota Street.
St. Joseph Code of Ordinances 52.27, subd 5 allows for an Interim Use permit as follows: Residential
rental provided the unit is owner occupied and provided the room (s) rented does not contain separate
kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if
the property is owner occupied, the owner must be a natural person and the owner occupying the
property as his or her principal residence and must own a fifty percent (50%) or greater interest in the
property.
The request for Interim Use has been submitted by Kathryn Kalkman, 209 East Minnesota Street; St.
Joseph MN 56374.
Notice of this matter was duly served and published.
In consideration of the information presented tothe Planning Commission and its application to the
Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the
following findings:
The proposed use is consistent with the standards for granting an Interim Use Permit, st.
Joseph Code of Ordinances 52.07.04
Therefore, based on the above findings, the Planning Commission makes the following recommendation:
Approval of the Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District with the
following contingencies:
1. The rental license in non-transferable and if the property is sold or the ownership changes so
that the aforementioned no longer owns a 50% or greater interest in the property the Interim
Use Permit is null and void.
2. Approval ofthe Rental Housing Inspector
3. The Planning Commission will review the license annually and revoke the license if the
property is in violation of the St. Joseph Code of Ordinances.
4. The City Office will place a notice in the St. Joseph Newsleader when the owner occupied
rental licenses are reviewed and will accept public comments.
The motion passed unanimously.
Gary Utsch, Chair
ATTEST
Judy Weyrens, Administrator
Administrdtor
ludy Weyrens
MdYor
Richdrd Cdrlbom
Councilors
AI Rdssier
Ross Rieke
Renee Symdnietz
Ddle Wick
CITY OF ST.. JOSEPH
www.cityo!stjoseph.com
City of St. Joseph
Public Hearing
The Planning Commission for the City of St. Joseph will conduct a public
hearing on Tuesday,8eptember 5, 2006 at 7:00 PM in the 81. Joseph City Hall.
The purpose of the hearing is to consider an Interim Use Permit to allow an
owner occupied rental unite in aRl, Single Family Zoning District. The
property is located at 209 Minnesota 81. E.
St. Joseph Code of Ordinances 52.27, subd 5 allows for an Interim Use permit as
follows: Residential rental provided the unit is owner occupied and provided the
room( s) rented does not contain separated kitchen facilities and is not intended
for use as an independent residence. For purposes of establishing if the property
is owner occupied, the owner must a natural person and the owner occupying the
property as his or her principal residence must own a fifty percent (50%) or
grater interest in the property.
Kathryn Kalkman, 209 E. Minnesota St., St. Joseph MN 56374, have submitted
the request for Interim Use.
Judy Weyrens
Administrator
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Publish: August 18, 2006
D Project Area
Note: State Law requires mailed notice to all property owners within 350
feet of a Variance, special use, interim use or rezoning request.
2.)' College Avenue North' PO Box 668 . Sdint. loseph, Minnesotd )'6,74
Ph on e , 2. 0 . j b j . 7 2. 0 I F d X j 2. 0 . j b j . 0 H 2.
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APPLICATION FOR INTERIM USE PERMIT
CITY OF ST. JOSEPH
25 College Avenue NW
P. O. Box 668
St. Joseph, MN 56374
(320)363-7201 or Fax (320)363-0342
Fee $
Paid
Receipt #
Date
STATE OF MINNESOTA)
)ss
COUNTY OF STEARNS)
NAME: -KQ~'" V \.l n
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KD.J \Ln'lCO\ PHONE: (3dO) :332>. c~ ~)(':J
;V\\h h. St _ S+ ~ dOS-E'_ph I tJu.J '010 2> -=t-+
ADDRESS: (.~ OCt e.
I/We, the undersigned, hereby make the following application to the City Council and Planning Conunission of the City of Sl. Joseph, Stearns County,
Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to -their application and complying with all ordinance
requirements):
2. Legal description ofland to be affected by application, including acreage or square footage of land involyed, and street address, if
any (attach additional sheet ifnecess~):IQ-t- 0- i 1o\IYl~ Ii tAJ(,(;,' to;. 4+1-\ OOctl'l(oV'\ :
'50 X I q '(1 (~" 00 Si)\ f~)' ') fA e- v\J\t ~'I'\, c.'~ . c.t ~i's;e f'''' jl\AAJ
...... <""\... ,\.. - .'
':? if' /;7/1'
3. Present zoning of the above described property is:
\2-~
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5. Is the proposed use compatible with present and future,land uses of the area? Please explain: ~..f'C; - t2-R. YI dCfl 11 a I
6. Will the proposed use depreciate the area in which it is proposed? Please explain: "'; ()
7. Can the proposed use be accommodated with existing City service without overburdening the system? Explain:
"if 5 . .
I
8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
, .eG
City of St. Joseph
Required Material Submission
Interim Use Material
Completed applications for Interim Use requests and required fees shall be submitted the City ofSt. Joseph Zoning Administrator at least 20
days prior to the proposed date of consideration by the City. The twenty days allows the City to review the application, forward the
application to other entities for review as required and notify the public as required. Only completed applications will be accepted. It is the
applicant's responsibility to submit required materials. If an application is determined to be incomplete, notification, which indicates which
portion of the application is incomplete, will be mailed to the applicant within 10 days following submission of the application.
REQUIRED MATERIALS - The applicant shall provide the following:
Material Required
Complete
Comments
1. Additional written or graphic data reasonably required by the
Zoning Administrator or the Planning Commission as described
below:
YES
NO
All applications must include a narrative of the special use request.
The Interiml use application must be completed in its entirety.
including the reasons as to why the Planning Commission and City
Council should approve the request.
2. Complete Names and addresses of all property owners within 350
feet of the subject parcel and mailing labels.
r-~
~ NO
3. Required Fee. $200.00
YES
NO
NOTE: The labels can be obtained from the Stearns County Auditors Office, 320-656-3900. The labels must contain all
property owners within 350 feet ofthe perimeter of all sides of the property.
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'1(1 UI1liUI\; prompllll'(ICUSl;iul( Illllku ~ C/'Ily or Ihi. pilj,lC and ."blnil with lornl M IPR.
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Ii' Ihis hl'lx is ch~ckud. )'.ll.l <,'we dclilltlUcIl11"x,,,. D
08/01/2006 12:10 FAX 3206565678
PARADIGM 2000 INC
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RANDY R. SCHREIFELS
STEARNS COUN1'Y AUDITOR-TREASURER
ADMINISTRATION CEN'J'IJR RM. I J(,
r.o. BOX 728
ST. Cl,ouo. MN ~f\302-U72~
.110.(,56.3g7f1
TAXf>A.YER
JOHN M & KATHRYN KALKMAN
2716 23RD AVE s'
51 CloUD MN 56301-9013
Estimated Market Value:
'NeWlmprovemerril:ll
Expired Exalusions;
Tuable Market Value:
M-1 PR Line 1 Amount;
M-1PR Line 2 Amount:
Une 6 Amount:
Property Class:
2005 2006
104,700 112.600
5.200
99,500 112.600
$ 1,112.00
906.00
9OS.OO 1,112.00
RES.HSTD REs. HSTO
$
TO ENSURE PROMPT PROCESSING MAKi; A COf'Y OF THIS rAGE AND SUBMIT WITH FORM M1PR WHEN I'JUNG FOR A REFUNO FROM THE' MINNE$OTA DEPAl1TMENT OF REVENUE
STATI!~Mi~NT OF J>I~OPERT\I '1'AXE;S PAYABLE IN 2006
82913
JOHN M & KATHRYN KAlKMAN
2716 23RD AVE; S
ST CLOUD MN 56301-9013
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RANDY R. SCHRE1FELS
STEARNS COUN'fY AUDl'toR-TREASURER
ADMINISTMTlON CIlNTER RM. U6
P.O. BOX 728
ST. CWUD. MN ~6302-O"J2~
320.656-3870
2005 2006,
(. PARCEL
_ lOENTlFICATlON NO,:
R84.53Gf10.000
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'New Improvementsl
Expired Exo/usions:
Eatimated Marko! VoItlue:
T~ablg Market Value:
Property Class:
oesc: Sect-10 Twp-124 Raoge-029
LOSO'S 4TH ADD
Lot-012 Block.OOl
5,200
104,700
99,500
RES.I-lSTD
. 112,600
112,600
RES.HSTD
1. Use ihis arllOUlll 011 form M1PR to sell it you're eligible for a /lfOpelty tax refund.
File by August 15. If Box is checked, yoo owe delinquent taxes and are not tllgible ..",........ ,
2. Use this amount for the spec/&! property tllx refund on sOOedu18 1 of Fonn M1 PR ......,....,.
Your prolJel'ty tu aocl how It is reduced by the Stab; of Minnosota
3. Your pt'\lperty tax before reduction by state-pl!lI;I aids alld Clredils. .............. H . , . .. .. . . ,
4. AId paid by the state 01 Minnesota to reduce your propeny \ilx. .. . . .. .. .. H . .. .. .. . . . . . . . H
5. l10mestead and Agricultural credits pald by the State of Minnesota 10 redllC9 your property m. ."
A HoMestead and Agricultlnl Credits, .. . . . . . . . . .
B. Other Credits. ............ H . . .. .. .. . .. .. ..
6. Your property tax after tedlJelion by state-paid aidsand credit;, .. . . .. . .. . . . .. .. . .. .. . . . .. .
Where YOUI' Property Tax DofJllflI Go
7. COIllIY STEARNS COUNTY
ST JOSEPH CITY
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1,112.00
$
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8. City or Town
9. S1lIte Generel Tax
10, School DistrIct
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B. other IoClll leyies. , . . . . . . . , .. .. . , ... .. .. . , . . . . . . . . . . .
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12, Non--school voter apPl'OY8d referenda 'evJes . . . .. .. . , , . . .. . . .. . . . , . .. . . . . . , . . . , . . . . . , .
13, Tol8I PRlP8rty 1lllCes befonl specialllSC8ll81llents . . . .. .. . . , .. . . . . . , .. .. . . . .. . . .. . . . . . . .
14. SFJln;ia/llS1eSlll1ents added to the property tax bill: PRINCIPAl 10.00
SOL.ID WASTE 10.00
11. SpecIal Taxing ()jl:lr!cls
$
"
\ 15. YOUR ToTAl. PROPERTY TAX AND SPECIAL ASSESSMENTS.
$
ThXC!li nI'$..'iO.ooor Jesg must'be! ....lld ;'1 full. If;<lll plI)' y""r lUXl.'S
late, you .vIIl m, cbal'ae4 a ptIIollJ'. !:Kit. baa. f(tr ratt.,
806.00
2,748.58
1.559.73
282.86
0.00
aae.oo
361.19
0.00
330.28
0.00
131.56
76.44
3.67
2.88
0.00
0.00
0.00
908.00
8.00
812.00
Pay thh~ amQUllt no later than: MA.Y 15
Pay this amount 1'10 later than: OCTOI;IER 1 $
You tn:.ly be eligible for oll6 Or even lwo reluncls to reduce YOur PrQj)My tal(. Read the ba.ck of this slBtemBnl to fll'ld OUl how to apply.
$
$
3,040.88
1,857.90
271.08
0.00
1,112,00
s
417.94
0.00
-.22
0.00
149.33
108.60
4.78
3.16
0.00
0.00
0.00
1,112.00
10.00
$
S
$
$'
1,122.00 ..I _
581.00
661.00
ItMS Report
/'
. Case Number:
04800624
.rted By:
Officer Assigned:
JOHNSON
Badge Number:
7711
Supervisor Approval:
How Rec'd:
RADIO
TYPE OF OFFENSE 5 ; ..,.INCIDENT CLASSIFICA nON
L L 3.
BURNING COMPLAINT
Level of Offense:
o P. Misd. 0 Misd. 0 G. Misd. 0 Felony
Location of Incident:
209 MINNESOTA STREET EAST
.Date Reported: Time Reported:
04/14/04 2235
Level of Offense:
o P. Mlsd. 0 Misd. 0 G. Mfsd. 0 Felony
Date Indde"t Occurred:
04/14/04
Time Assigned:
2235. '~,l 2235
"".ASSISTING'DFFrCER S :
'~"i:":,:(.I ...", :f}.:.......
Assisting Officer(s):
7702
J'PARTIC:IPANT#l.18J COMP 0 VICTIM o'SUSPECTinJ WITNESS '0 MENTIONED 0 JUVENILE' DM D{F
Name (Last, First, Middle) Date of Birth: D/l #: State:
PFANNENSTEIN, JEANETIE EVA 11/14/41 P-552-385-238-873 MN
Street Address: City, State, ZIP:
208 ASH STREET EAST ST JOSEPH, MN 56374
Arrested: Citation #: Eyes: Hgt:
DYes I8J No 0 Yes 181 No
: PARnCIRANT.#2DcOMP 0 VIcrIM'~I2SI.SUSPECT:O.wITNES.S 0 MENTIONED o JUVENILE OM D;F
Na.rTl~ (!-,as!, .first, Mic,iqle) . . J?9t.@()U1lrtlJ:... ",a.c~: .... L JJ/llt.:......_ _." State:
LKMAN, KATHRYN MARIE 11/02/83 WHITE" K-425-461-585-843 MN
t Address: City, State, ZIP:
2716 23RD AVE S ST CLOUD,MN 56301
Arrested: Citation #: Eyes: Hgt:
HAZEL 5'-1"
License Plate Number:
Color of Vehicle:
;:i::g~i:lci~E;4t,2W.~
License Plate Number:
Color of Vehicle:
Vin#:
:. NARRAiiYE\(M~[~:~sUre'~toJiQCiude a'ny,'propeitY Y' .
CALLED TO CHECK BURNING COMPLAINT. FOUND KALKMAN AND FRIENDS SITTING BY A FIRE IN A
OUTDOOR FIREPLACE. PFANNENSTEIN WAS CONCERNED AS-THE GRASS IN THE AREA WAS DRY.
SPOKE WITH KALKMAN AS ADVISED THAT THE FIRE BE KEPT SMALL TO AVOID AN ACIDENTAL
GRASS FIRE. KALKMAN AGREED. CLEAR.
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City of Sf. Joseph
Development Routing Form
Site Plan Submitted (Date):
Developer:
Planning Commission (Date):
(Anticipated Agenda date)
1> f 1\ \0(.-., .
f4\~~or~-\i~
Date Plan is Routed To
Appropriate Department
1)/ 11 \o~
${~'~
Comments to be returned by
Project Type
_ Preliminary Plat
Final Plat
PUD
E-E
_HJ Development
_ B2 Development
--' B3 Development
_ 12 Development
Industrial
V RJ Development
R2 Development
_ R3 Development
Departments for which comments are requested:
V City Engineer V Public Works
_ City Attorney
Fire Chief
/ Building inspector
EDA
Please review the attached development plans and submit written comments by the date indicated
above. This form must be returned to the City Office by the date stated above. If you do not
hav any concerns please indicate so on the line provided below.
#-ZR--616
Date
I Attachment: Yes or No
REQUEST FOR PLANNING COMMISSION ACTION
Variance -
DATE: September 5,2006
AGENDA ITEM
Public Hearing -
Variance, Jennifer Miller
307 College Avenue North
PREVIOUS ACTION
None
RECOMMENDED PLANNING COMMISSION ACTION
COMMENTS/RECOMMENDATIONS
The property at 307 College Avenue North has been on the market for a long time. The property is used
residentially, but zoned B2, Highway Business. The property owner has finally been able to sell the
property, but it is contingent upon the issuance of a variance. The property has been sold to Daisy a Day.
Weare. still in the process of reviewing this application as a survey has been received. A
recommendation will be forwarded on Tuesday evening.
Administrdtor
Judy Weyrens
MdYor
Richdrd Cdflbom
Councilors
AI Rdssier
Ross Rieke
Renee Symdnietz
Ddle Wick
CITY Of ST. JOSEPH
w\o/w. cityofstjoseph.com
City of St. Joseph
Public Hearing
The Planning Commission for the City of St. Joseph will conduct a public
hearing on Tuesday, September 5, 2006 at 7:10 PM in the St. Joseph City Hall.
The purpose of the hearing is to consider a variance to allow an owner to
construct a handicap accessible encroach on the current set back. The property is
on a B2 Highway Business zoning, located on 307 College Avenue North.
Section 52.32. subd 6:
c) Front yard. Setback shall be twenty (20) feet from the lot line.
d) Side yard. Setback shall be ten (10) feet from the lot line. If the
property's side yard is adjacent to County State Aid Highway 75,
the setback shall conform to Subd. 5 (a) ofthis Section.
Jennifer Miller, 307 N College Avenue, St. Joseph MN 56374, have submitted
the request for Variance.
Judy Weyrens
Administrator
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Publish: August 18, 2006
Project Area
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Note: State Law requires mailed notice to all property owners within 350
feet of a Variance, special use, interim use or rezoning request.
2)' College Avenue North' PO Box bb8 . Sdint. joseph, Minnesotd )'6')74
Phone ')20.')6').7201 FdX ')2.0')6').0')42
APPLICATION FOR VARIANCE
CITY OF ST. JOSEPH
25 College Avenue NW
P. O. Box 668
St. Joseph, MN 56374
(320}363-7201 or Fax (320}363-fJ342
Fee $ :100eE
Paid
Receipt #
Date
STATE OF MINNESOTA)
)ss
COUNTY OF STEARNS)
IIW~, th~ undersign~d , as owuetS of th~ property described below. hereby llPPca\ to th~ City Council and Planning Commission of th~ City 01'51. Joseph,
Srearns County, Minn~ta to grant a variance from 1h~ St. Joseph City Cod~: (applicants have 1h~ responsibility of checking all applicable ordinances
pertaining to their application and complying with all ordinance requirements):
PROPERTY OWNER NAME(S):
~\l\-t(2. , Jen(\i' fer L
ADDRESS:
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PROPEIITY OWNER PHONE NUMBER(S):
ZONING DISTRICf:
LEGAL DESCRIPTION:
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PROPERTY OWNER(S)' SIGNATIJRE(S):
The request(s) which we desire for our property is/are in conflict with the following sections( s) of the St Joseph City Code:
Section 5:1 Si.l.bct if;
Section
Section
Proposed non-confonnance( s):
What special conditions and circumstances exist which are particular to the land, structure or building( s) involved which do not apply to the
land, structures or building(s) in the same zoning classification (attach additional pages as needed)?
Do any of the special conditions and circumstances result from your own actions (if the answer is yes, you may not qualify for a variance)?
What facts and considerations demonstrate that the literal interpretation of the zoning code would deprive you of rights connnonly enjoyed by
other properties in the same district under the terms of the zoning code (attach additional pages as needed)?
State your reasons for believing that a variance will not confer on you any special privilege that is denied by the zoning code to other lands,
structures or buildings in the same district
State your reasons for believing that the action( s) you propose to take is/are in keeping with the spirit and intent of the zoning code?
State your reasons for believing that a strict enforcement of the provisions of the zoning code would cause undue hardship. Undue hardship
means that the property in question cannot be put to II reasonable use if used under the conditions allowed by the zoning ordinance. Economic
wnsiderations alone shall not constitute an undue hardship IIDder the terms of this code lIS referenced in state statutes:
Attached to this application and made a part thereof are other material submission data requirements, as indicated.
Applicant Signature: ~ ('" ___~
OWner Signature:
Date:
g -/ /-oCe
D8te:
FOR OFFICE USE ONLY
DATE APPliCATiON SUBMITTED:
DATE APPliCATION COMPLETE:
Planning Commission Action: _ Recommend Approval _ Recommend Disapproval Date of Action
Date Applicant/Property Owner notified of Planning Commission Action:
City Council Action: _ Approved _ Disapproved Date of Action
Date Applicant/Properly Owner notified of City Council Action:
Proposed non-conformance
Entrance that is handicap accessible will need to be constructed and will encroach on the
current set back areas. The handicap accessible ramp and covered entrance area will
encroach up to 6 ft. from the structure into the set back area and the steps will encroach
up to 8ft. from the structure into the set back area.
What special conditions...
Structure was constructed as a residential building prior to current zoning regulations.
Property will be changing from residential to commercial and in order to create an
entrance that is handicap accessible we will need to construct an entrance that will
encroach on the set back area.
Do any of the special conditions and circumstances result from your own actions?
No.
What facts and considerations...
Without the variance the business will not be able to open because the handicap
accessible entrance can not be constructed.
State your reasons for believin2: this variance will not confer on you any speciaL..
The current location of the structure on this lot prohibits an entrance in any other
location. This variance will only allow us to become compliant with handicap and
entrance regulations.
State your reasons for believin2: that the action yOU propose to take are in keepin2:...
The actions we plan to take are required by the codes that are required in this zoning area.
This is the only plan of action that we see as a possible solution. The planned additions
will improve the appearance of the structure and will provide a safe entrance for the
business. At the same time this addition will improve the property value of the area.
State your reasons for believin2: that a strict enforcement of the provisions of the
zonin2: code would cause undue hardship_
We would encounter the undue hardship of this property not being put to reasonable use
and we would be unable to open our business.
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Inspectron, Inc
Memo
From:
Timm Smith; Daisy a Day
Ron Wasmund
Judy Weyrens City Administrator
August 1,2006
307 College Ave N
To:
cc:
Date:
Re:
Restrooms for customers:
IBC Section 2902.6 states "Customers, patrons and visitors shall be provided with public toilet facilities
in structures and tenant spaces intended for public utilization. Public toilet facilities shall be located no
more than one story above or below the space required to be provided with public toilet facilities and
the path of travel to such facilities shall not exceed a distance of 500 feet.
IBC Section 2902.6.3 states "Sanitation facilities required by this chapter may have controlled access,
but in all cases shall be maintained available for utilization by those employees, customers, or patrons
used to calculate the minimum required facilities.
IBC Section 2902.2 Separate facilities is amended by Exception 4 to state "Separate facilities shall not
be required in structures or tenant spaces of a Group B or M occupancy not exceeding 2000 gross
square feet of floor area. The individual unisex restrooms shall have not less than one water closet,
one urinal, and one lavatory."
Your use of the property would be classified as Group B occupancy with less than 2000 sJ. Therefore
you are required to have a single unisex restroom facility that is available to the public (customers and
patrons ).
Because of the change in use of the property you will be required to connect to the municipal water
supply.
Water Availabilitv Charaes (WAC)
Retail stores are assigned one WAC unit per 3,000 sJ. Based upon the size of your proposed facility
(less than 3,000 sJ.) one WAC unit would be assigned. The amount of each WAC unit is $3,500.00
In addition to the WAC fee of $3,500.00 there is also a water connection permit fee of $100.00 for the
inspection of the water installation. That inspection is performed by the Public Works Department.
If there is not a water meter in existence already for determining sewer charges, a water meter will be
required. The meter is available from the city for the charge of $100.00.
. Page 1
Zoning District
The subject property is located in the B-2 Highway 75 Zoning District. Flower shops are a permitted
use in the B-2 District.
Accessory buildings not exceeding 30% of the principal structure are also permitted in the B-2 District.
The existing building exceeds this amount and is considered legal non-conforming. It can exist but it
cannot be enlarged or intensified. Necessary non-structural repairs and maintenance is permitted. If
damaged more than 50% of the appraised value the structure may not be reconstructed unless the use
is brought into compliance.
Setbacks
The required setbacks in the B-2 District for lots not adjacent to Hwy 75 are:
Front - 20 feet from property line
Side - 10 feet from property line
Rear - 1 0 feet from property line
No part of the structure including footings, soffits, gutters or overhangs shall encroach on easement
areas.
No structure or combination of structures may occupy more than 60% of the lot area.
Right of Way Line
The property line and right of way line are synonymous. As near as I can tell the right of way line is at
the back of sidewalk.
If a variance is requested for setback to property line, a registered survey of the property will be
required to process the variance.
Sian Relocation
Business signs and wall signs are permitted in the B-2 District. Business signs may have a surface
area not exceeding 100 square feet per sign face with an aggregate area of 200 square feet if double
faced. The business sign can only be erected on the premise of which the use, to which the sign
relates, is conducted.
All free standing signs must be landscaped around the base. No pylon signs are permitted. Every sign
must have at least two supports or a monument base. The maximum height of a business sign is 15
feet. If your current sign complies with these requirements and the other requirements of the sign
ordinance, it may be relocated. It must be brought into compliance at the time of the relocation.
A cooler addition may be constructed. It will require a building permit and compliance with setback
n~quirements all other ordinance requirements of the B-2 District.
Off Street Parkina Requirements
St. Joseph Ordinance Section 52.10 Subd. 4(m) requires 1 off street parking space for each 300 sJ. of
gross floor area.
. Page 2
This parking must be hard surfaced with concrete, bituminous or paver stone. Necessary curbs or
other protection against damages to adjoining properties, streets and sidewalks shall be provided and
maintained.
Parking areas must be designed so that circulation between parking aisles or driveways occurs within
the designated parking lot and does not depend upon a public street or alley and such design does not
require backing onto the public street.
When 1-25 parking spaces are provided, at least 1 accessible parking space is required.
Second StOry Accessibilitv
MSBC Chapter 1341.0405 Item E Exception1 Sub item (2) states" floors and mezzanines of non-
public areas of retail sales and rental facilities where the occupant load is not more than 30 occupants"
are not required to be accessible. The area of the second floor is small enough that the occupant load
is less than 30. If the second floor is not used for retail sales or employee function, it is not required to
be accessible.
. Page 3
City of St. Joseph
Development Routing Form
Site Plan Submitted (Date):
Developer:
Planning Commission (Date):
(Anticipated Agenda date)
~/\l~~lb ~dW-n<S
q 0
Date Plan is Routed To
Appropriate Department
f,ln\o(P
8! 2.i" loCo
Comments to be returned by
Pro,ject Type
Preliminary Plat
Final Plat
_ B 1 Development
../' B2 Development
_ B3 Development
Industrial
PUD
E-E
_ 12 Development
_ R 1 Development
_ R2 Development
_ R3 Development
Departments for which comments are requested:
~ City Engineer v'" Public Works
_ City Attorney
Fire Chief
./ Building Inspector
EDA
Please review the attached development plans and submit written comments by the date indicated
above, This form must be retumed to the City Office by the date stated above. If you do not
y concems please indicate so on the line provided below.
~.
#?f<~"k
Date
Site Plan Submitted (Date):
Developer:
Plaoning Commission (Date):
(Amicipatcd Agenda date)
Date Plan is Routed To
Appropriate Department
Comments to be returned by
~>ro,ject Type
Preliminary Plat
-- "
Final Plat
PUD
E~E
City of &it. .loseph
Development Routing Form
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_ BJ Development
, V B2 Development
B3 Development
_. 12 Development
hidustrial
___"". R J Development
R2 Development
__." RJ Development
Departments for which comments are l:cqllcstcd:
_~!_ City Engineer ~_'::!_, Puhlic Works
____. City Attorney
vi" Building Inspector
FDA
Fire Chief
Please review the attached development plans and submit written comments by the date indicated
above. '11115 form must be returned to the City Office by the date stated above. If you do not
have any concerns please indicate so on the line provided below.
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...YL2:f?O!(;--,-,-------
Date
I Attachment: Yes or No
REQUEST FOR PLANNING COMMISSION ACTION
Ordinance Amendment
DATE: September 5, 2006
AGENDA ITEM
Public Hearing -
Ordinance Amendment
Indoor Recreation Use
PREVIOUS ACTION
The Planning Commission in August considered the request of Crystal Heller to allow the operation of a
indoor recreation use in the Industrial Park. The Ordinance did not provide for such a use in the Industrial
Park. When staff reviewed the request, it was determined that other municipalities do allow the facilities
in Industrial Parks.
The Planning Commission in August indicated that they would consider allowing the business use via a
Special Use Permit. As staff reviewed the request, it was determined the best manner to allow such a
request is to amend the Industrial Zoning District adding a provision under Special Uses that would
Recreational Uses.
RECOMMENDED PLANNING COMMISSION ACTION
Recommend the Council amend section 52.34 subd. 4 adding (g) Indoor Recreational Use.
COMMENTS/RECOMMENDATIONS
Public Hearing
City of St. Joseph
The Planning Commission for the City of St. Joseph will be conducting a public hearing on
Tuesday, September 5,2006 at 7:25 PM. The purpose of the hearing is to consider
amendment of the Industrial Zoning District, adding a provision for indoor recreational use.
All persons wishing to be heard will be heard and oral testimony is limited to five minutes.
Written testimony should be mailed to the City of St. Joseph; PO Box 668; S1. Joseph MN
56374.
Judy Weyrens
Administrator
Publish: August 18, 2006
ORDINANCE 52 - ZONING ORDINANCE
g. Indoor Recreation to include gymnasiums and health/fitness clubs, provided that:
1: All recreational activities are conducted within the facility. Outdoor play
areas shall be prohibited.
2.
Subd.5: Lot Area Requirements. Minimum Lot Size: One (1) acre (43,560 square feet).
Minimum lot width one hundred (100) feet.
Subd. 6: Setback Requirements. No part of the structure including footings, soffits,
gutters or other overhangs shall encroach on easement areas.
Front Yard Setbacks.
a) Front yard setback shall be thirty (30) feet from the lot line. On comer lots, the
setback from all lot lines abutting a street shall be thirty (30) feet. When an
industrial district lot is separated from a residential zone by a city street, the
setback from the lot line shall be one hundred (100) feet.
b) Front yards abutting any roadway: the setback shall be landscaped as in
accordance to the requirements of any applicable protective covenants and such
reasonable requirements as established by the Planning Commission, and shall not
be used for parking.
Side Yard Setbacks.
a) Side yard setback shall be at least twenty-five (25) feet from the lot line.
Development occurring on lots platted prior to January 1, 1999 shall be subject to
the ten foot side yard setback requirement in effect at the time of platting.
b) A Light Industrial District side yard adjacent to a residential boundary line shall
provide for a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. A portion of this landscaped strip shall be planted to provide a
screen. The governing body may require additional side yard setback in these
cases. When such additional width is required, such additional width shall not
exceed one hundred (100) feet and paring in this area will be permitted.
c) Side yard boarding upon any roadway: the setback shall be landscaped in
accordance with any applicable protective covenants and such reasonable
requirements as established by the Planning Commission.
Rear Yard Setback.
a) Rear yard setback shall be at least twenty (20) feet, which may be used for
parking.
52.34-6
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Inspectran, Inc
.
Memo
To: Judy Weyrens, City Administrator
From: Ron Wasmund, Building Official
cc:
Date: August 31,2006
Re: Jennifer MillerfTim & Tracy Smith Daisy A Day Floral/Gifts
ApPLICANT:
STAFF REPORT
JENNIFER L. MILLER, OWNER; TIM & TRACY SMITH, ApPLICANTS
ApPLICATION:
VARIANCE TO ALLOW A HANDICAPPED ACCESSIBLE RAMP WITH ROOF
COVER INTO REQUIRED FRONT YARD SETBACK AREA
LOCATION:
307 COLLEGE AVENUE NORTH PIN: 84.53642.000
ZONING B-2 HIGHWAY 75 BUSINESS DISTRICT
Lot 1, Block 2 Loso's 3rd Addition
BACKGROUND: The applicant is proposing to construct a handicapped
accessible ramp which will be attached to the existing residential structure in order to
provide pubic accessibility to the building in accordance with the State Building Code.
This is required in order to convert or transition the existing use of the structure from
a residential use to a commercial use. The applicant is proposing to construct the
ramp using concrete and will attach deck materials along the outside perimeter up to
a top rail. From that point (minimum of 42" as required by the building code) it will be
open and un-enclosed up to the proposed roof line which would extend out from the
structure at the same distance as the ramp width which is proposed at 7 feet. The
ramp and roof projection feature is originally submitted to propose wrapping around
the north end of the structure all, or nearly all the way along a distance of 16 ft. along
the Dale Street frontage. This would require a 17 ft. variance along the College
Street frontage and an approximate 15 ft. variance along the Dale Street frontage.
. Page 1
ApPLICABLE LAND USE & VARIANCE REQUIREMENTS:
. MIN LOT SiZE........... ... ..REQUIRED.. ..10,000 SQ. FT.. .EXISTING.7, 500 SQ. FT.
. MIN LOT WIDTH. . .REQUIRED....1 00 FT. (EXCEPT PRIOR TO 1950)...ExISTING 50 FT.
. MAXIMUM BUILDING HEIGHT..REQUIRED..3 STORIES OR 40 FT.. . EXISTING 2 STORIES
. MIN FRONT SET BACK FROM PUBLIC ROAD ROW......REQUIRED..20 FT. (FOR BOTH
STREET FRONTS).. ...EXISTING....1 0.4 FT. (COLLEGE AVE).... ..... ..ApP. 12.33 FT.
(DALE STREET)
PROPOSED ROOF LINE STRUCTURE.. ..7.4 FT. ..(COLLEGE AVE).. ..5.33 FT. (DALE
STREET)
. SIDE YARD SET BACK.. REQUIRED.. 1 0 FT. (SOUTH & WEST)...ExISTING.13.6 FT......
PROPOSED. . .23.6 FT........................................................ .. . .. . .. . .. . .. . .. . .. . .
. MAX UN-ENCLOSED PORCHES OR GRND. LEVEL PROJECTIONS.. .REQUIRED....5 FT.
FRONT, 4 FT. SIDE yD........ ..PROPOSED..... ...7FT. (NOT INCLUDING ROOF
PROJECTION)
BOARD OF ADJUSTMENT ACTION ALTERNATIVES: The Board of Adjustment can
approve the variance request as presented or amended, deny the request, or table
the request if additional information is needed. If the decision is for approval or
denial, then findings to support such decision must be made as part of the Board's
recorded action on the request.
STAFF FINDINGS: The following findings of fact have been prepared by staff for
consideration by the Board of Adjustment on this application:
1. CIRCUMSTANCES UNIQUE & EXTRAORDINARY To PROPERTY:
The existing residential structure is located in a B-2 District and the
petitioner is proposing to transition the use of this structure into a
commercial use. This characteristic is of an exceptional nature given the
fact that the original structure was intended for a residential use which, by
function, is different than the planned commercial use of the site. The
primary intent in this request is to comply with handicapped accessibility to
the structure and not to unnecessarily intensify the structure so as to
unreasonably intensify the structure's front yard set back.
2. LITERAL INTERPRETATION/REASONABLE USE OF PROPERTY:
The literal interpretation of the provisions of the zoning ordinance would
deprive the petitioner of the rights to the reasonable use of this property for
a transitional commercial use as compared to other similar properties in
the B-2 District elsewhere in the community.
. Page 2
3. SPECIAL PRIVILEGES NOT CONFERRED To ApPLICANT:
The granting of the variance as requested will not confer on the applicant
any special privilege that is denied by the Zoning Ordinance for other
properties in the same district.
4. IMPACT ON ADJACENT PROPERTIES:
The proposed variance will not impair an adequate supply of light and air
to adjacent property, or diminish or impair established property values
within the surrounding area, or in any other respect impair the public
health, safety or welfare of the residents of the City.
5. NOT TO ACCOMMODATE A PROHIBITED USE OR CREATE NEW
STANDARDS:
The condition of the property with the intended use of the structure for a
flower shop is considered to be a transitional commercial use of the
property. As such, the variance which is sought is intended to provide for
the reasonable and practicable use of the property in order to assure for
proper ingress and egress from the business. It would not otherwise be
considered as granting an approval which by nature would otherwise
suggest the formulation of a new general regulation for this type of
situation in the Zoning Ordinance.
6. DEVIATION AS MINIMUM NEED TO ALLEVIATE A HARDSHILP:
The variance as requested, provided it may be amended as discussed
with the applicant, would be considered the minimum variance which
would alleviate the hardship on the subject property and allow for the
reasonable addition of a safe structural covering to the front entrance area.
7 . VARIANCE REQUEST NOT DETRIMENTAL TO ZONING ORD. INTENT:
The variance as requested would not be materially detrimental to the
purposes of the Zoning Ordinances or property within the B-2 Zoning
District.
STAFF COMMENTS: After review of this request, it was determined that based upon
the strict interpretation of the building & handicapped accessibility requirements, the
degree of proposed improvements to the structure are more than required in order to
satisfy the accessibility code requirements for the proposed use of the home for a
business. A covering over the primary entrance to the business does, however,
provide for greater safety in terms of ingress & egress through the primary entrance
to the business. Staff supports this aspect of the variance request, but finds that it
would be unnecessary to support an additional variance to the north end of the
building and a much greater intensification of the building massing along the northern
road frontage. This side will also require much less height from the adjacent grade
for the rise of the concrete ramp at this point, as compared to east side of the
building. This has been discussed with the petitioner and they may be willing to
consider a change in their proposal as appropriate.
. Page 3
STAFF RECOMMENDATION: Based upon the findings of fact presented in this
report, Staff recommends approval of the variance request, provided the above
changes are made to the proposal which eliminates the variance from the Dale
Street frontage. The request as proposed with the recommended changes is found
to have met the requirements for proving a hardship as required under the Zoning
Ordinance. The only factor which is found to be undetermined by staff is whether or
not any easements exist along the College Avenue frontage. Based upon the
certificate of survey as provided by the applicant, no easement is shown to exist on
the drawing. This question must be answered prior to allowing any structural
improvement other than sidewalk or landscaping improvements to this area and
should be conditioned with the approval.
Approval of the request for variance petition by Jennifer L. Miller, owner; and Tim &
Tracy Smith, Applicants for a front yard variance to construct a four (4') roof overhang
and elevated accessibility ramp for property located at 307 North College Avenue Lot
1, Block 2 Loso's 3rd Addition is recommended subject to the following conditions:
1. Revision of the plan as submitted to reduce the variance from 17 feet to 14
feet; a 4 ft. projection of un-enclosed roof & railing projection, on the
Eastern College Avenue frontage and to eliminate the variance from the
Northern Dale Street frontage.
2. Verification that no structural improvements will be permitted in an
easement area on the site prior to issuance of a building permit.
. Page 4
I Attachment: Yes or No
REQUEST FOR PLANNING COMMISSION ACTION
Special Use Permit
Indoor Recreation Use
DATE: September 5, 2006
AGENDA ITEM
Public Hearing -
Public Hearing, Crystal Heller
Special Use Permit, Indoor Recreation
PREVIOUS ACTION
The Planning Commission in August indicated that they would consider allowing the business
use via a Special Use Permit.
RECOMMENDED PLANNING COMMISSION ACTION
Recommend the Council approve the Special Use Perinit as requested.
COMMENTS/RECOMMENDATIONS
See cornments from Ron Wasmond
www.cityofstjoseph.com
CITY Of ST. JOSEPH
Public Hearing
City of St. Joseph
Administrdtor
Judy Weyrens
The Planning Commission for the City of St. Joseph will be conducting a public hearing on
Tuesday, September 5, 2006 at 7:30 PM. The purpose of the hearing is to consider a special
use permit to allow an indoor recreational facility in an Industrial Zoning District. The
property is legally described as Lot 3 Block 1 Buettner Business Park 2.
MdYor
Richdrd Cdrlbom
The request for special use has been submitted by Crystal Heller, 1002 Brook Court, Sauk
Rapids, MN 56379.
Councilors
AI Rdssier
Ross Rieke
Renee Symdnietz
Ddle Wick
Project site
Judy Weyrens
Administrator
Publish: August 18, 2006
Note: State Law requires mailed notice to all property owners within 350 feet of a
variance, special use, interim use or rezoning request.
2)" College Avenue North. PO Box 668 . Sdint. loseph. Minnesotd )"6174
Phone ,20.,6,.7201 FdX ,20.,6,.0,42
Resolution of finding
The request of Cyrstal Heller for a Special Use request came before the Planning Commission at a public
hearing held on September 5, 2006. The purpose of the hearing was to consider issuance of a Special
Use Permit to allow an Indoor Recreation Use in an Industrial Zoning District.
S1. Joseph Code of 52.34 subdivision 4 (q) allows for Indoor Recreation.
The request for Special Use has been submitted by Cyrstal Heller 1002 Brook Court, Sauk Rapids, MN
56379.
Notice of this matter was duly served and published.
In consideration of the information presented to the Planning Commission and its application to the
Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the
following findings:
The proposed use is consistent with the standards for granting a special use permit, St.
Joseph Code of Ordinances 52.9
Therefore, based on the above findings, the Planning Commission makes the following recommendation:
Approval of the Special Use Permit to allow Industrial warehousing a Highway Business Zoning District
with the following contingencies:
1 . Outdoor Play areas will be prohibited
2. Compliance with all local building and site plan requirements, including all provisions of
the State Building & Fire Codes and State Health Department regulations.
3. All signage will be in compliance with the St. Joseph Code of Ordinances.
4. The hours of operation are restricted to a closing time of 10:00 PM.
APPLICATION FOR SPECIAL USE PERMIT
CITY OF ST. JOSEPH
25 College Avenue NW
P. O. Box 668
St. Joseph, MN 56374
(320)363-7201 or Fax (320)363-0342
Fee $
Paid
Receipt #
Date
STATE OF MINNESOTA)
~ )
COUNTY OF STEA}>NS) . .. (~ W? (_. ..-
NAME, V'J sIA--1 /:klL.er- u()U,itL8 PHONE, \Oi'-o) 7 ~ I - 5 /) (P L
ADDRESS, tbCl2- t3voDk.. fvtu-+ ~ ~~fs, 111115~379
I/We, the undersigned, hereby make the f()llowing application to the City Council and Planning Commission of the City ofSt. Joseph, Steams County.
Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance
requirements):
I. Application is hereby made for Special Use Permit to conduct the following:
(See Attached Addendum)
2. Legal descriptIon of land to be afTected by appl ication, including acreage or square footage of land involved, and street address, i r
any (attach addition\ll sheet if necessary):
( See Attached Addendum)
3. Present zoning of the above described property is:
(See Attached Addendum)
4. Name and address ofthe present owner of the above described property is:
(See Attached Addendum )
5. Is the proposed use compatible with present and future land uses of the area? Please explain:
(See Attached Addendum)
6. Will the proposed use depreciate the area in which it is proposed? Please explain:
(See Attached Addendum)
7. Can the proposed use be accommodated with existing City service without overburdening the system? Explain:
8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
(See Attached Addendum )
AUG/iO/2006/THU 07:24 AM Rice Building System
FAX No. 320 252 0470
Allaehl:d to this applll:. Ion Ihul ~ade a plITt tl":I\I~r are ull"r olluc.trial AUb"~il)n dAta raql4ltemco~ la.' In,atlld.
/1 ,ll,. tfLJ (J5~ l.eflllf ~JAtC .
l..x k nato, < t/tlJ I () (,
DH te: !!:> . \ b · ()l..,..,
OWlIcrSigus.ul" :
(
..
FOR, OFFICE USE ONLY
DA'rg APPLICATION S aMInal); _ ..._
DATE APPLICATION C MPLET~
Planning COmmillJJon Aft ion: _ y' "Roc,'mmon4 Approval _ Recommend DisilpprovlIl
Oate Appli"IlIlUPrt)~..ny wntr noti:fled of Plan nIne COffill1iYsion Action:
City Counoil Ac,lon; . A~"td -----.. Disapproved D3te of Action
Onll: AppllCAl1lfPropeny wncr notified ot'Cky Council Action:_
OQte or AClion
AUG 10,2006 05:53A RICE BUILDING
320 252 0470
P. 006
page 6
APPLICATION FOR SPECIAL USE PERMIT
ADDENDUM
Regarding question one: To operate, as an incubator status, a children's party and
recreation center by the name of Bounce Depot. Bounce Depot charges a set fee for a
birthday party for up to 10 children. Each party receives an hour of play time in the
Bounce Arena and 40 minutes ill a decorated party room for a total party time of Ihour
40 minutes. The Bounce Arena incorporates 3 large interactive inflatables that include a
slide, an obstacle course and a pirate ship combo unit. The majority of our business is
conducted after 4pm on weekdays and on weekends for birthday parties and group events.
We have two hours a day for open play time and specific day hours available for day care
and church or group events. Initially our hours are from 12pm to 8pm Tues- Thursday,
Friday 12pm to lOpm, Saturdays 12pm to 10 pm, and Sundays 12pm to 8pm.
Regarding question two: We are intending to lease 4,000 square feet of the building
located at 700 15th Avenue St. Joseph, MN 56374.
Regarding question three: The above property is zoned Light Industrial.
Regarding question four: John Rice
Rice Building Systems
10 11 S. Benton Drive
Sauk Rapids, Mn 56379-1209
(320) 252-0404
Regarding question five: There is currently a caterer and bakery supplier in the front
portion of this building. This building previously housed Meeting grounds Corporate
offices. There is safeshred located to the southwest of this building.
Regarding question six: No.
Regarding question seven:
Regarding question eight: The heaviest traffic load will mainly be after 4 pm and on
weekends typically after the close of business for the surrounding facilities. All kids
must have a signed waiver and the parent or guardian must sign for the children. when
they exit and enter the facility. Parking time is therefore limited but there is adequate
parking spaces up front (20) as well as additional parking on the side.
Page 1 of 1
Judy Weyrens
From: Karin Tank [Ktank@municipaldevelopmentgroup.com]
Sent: Tuesday, August 01 , 20064:05 PM
To: Judy Weyrens
Cc: jfoust@municipaldevelopmentgroup.com; cstrack@municipaldevelopmentgroup.com
Subject: Pump It Up Party Research
Hi Judy!
Joanne asked that I do a little digging into the proposed Pump It Up Party looking to locate in S1. Joseph. This
particular franchise is located within, Eden Prairie, Burnsville, Ham Lake, Oakdale and Plymouth. In Eden Prairie
the use is located in either the Industrial or Regional Service Commercial District (the Planner was not certain
which), however, in either district the use which they classified as a gymnasium or retail is a permitted use within
both districts. In Ham Lake, the use is located within a multi-use PUD district and was allowed by conditional use
permit. In Burnsville, the use is located within the 1-2 (General Industrial) district and was allowed by a conditional
permit as Indoor Recreation. If I can provide any further assistance, please do not hesitate to contact me. Have
a great afternoon!!!
Karin Tank
Municipal Development Group, Inc.
Direct Phone/Fax: 320.554.7499
Cell: 612.501.3301
Corporate: 952.758.7399
Toll Free: 1-888-7MDG-INC
www.municipaldevelopmentgroup.com
8/17/2006
Inspectran, Inc
Memo
From:
CC:
Judy Weyrens, City Administrator
Ron Wasmund, Building Official
To:
Date:
Re:
September 1, 2006
Bounce Depot, Inc
STAFF REPORT
ApPLICANT:
JOHN RICE, OWNER/ CRYSTAL HELLER, ApPLICANT
ApPLICATION:
SPECIAL USE PERMIT FOR BOUNCE DEPOT, INC.
LOCATION:
700 15TH AVENUE LOT 3, BLOCK 1 BUETTNER BUSINESS
PARK 2ND ADDITION
BACKGROUND: The applicant Crystal Heller of the Bounce Depot, Inc. has
requested a Special Use Permit to locate a new business in the St. Joseph Buettner
Business Park at 700 15th Avenue in the Rice Buildings Systems owned by John
Rice. The business will occupy 4, 000 S.F; of the building in the unfinished tenant
space of the same building formerly occupied by the Meeting Grounds Corporate
offices and now Nelson Brothers Bakery. The business will operate a children's party
and recreation center, initially proposed to be open 6 days per week with hours of
operation ranging from noon until 1 0:00 p.m. The business, as described by the
applicant, will feature three large interactive inflatable devices and a party room
facility for group events. The inflatable devices are stated to be of significant height
and require a special open ceiling height of approximately 20 feet. This size of a
building with a large open ceiling height of this degree is readily available with the
subject building. This special ceiling height is not typically available in a retail
commercial center, which would normally provide a more accommodating market
orientation for a retail/service use such as this. Therefore, it was determined
appropriate to consider this uS,e in the Light Industrial District though the Special Use
Permit Process in order to accommodate the special needs of the new business.
. Page 1
ApPLICABLE SPECIAL USE PERMITS STANDARDS: The Planning Commission
shall recommend a special use permit and the Council shall order the issuance of
such permit if the application conforms to the specific standards set forth below, as
it would apply to the particular use at the proposed location:
1. Will not be detrimental to or endanger the public health, safety, morals, comfort,
convenience or general welfare of the neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
comprehensive plan of the City and this Ordinance.
3. Will be designed, constructed, operated and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the
general vicinity and will not change the essential character of that area.
4. Will not be hazardous or disturbing to existing or future neighboring uses.
5. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems, and schools.
6. Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the
community.
7. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property, or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, or odors.
8. Will have vehicular approaches to the property which are so designed as not to
create traffic congestion or an interference with traffic or surrounding public
thoroughfares.
9. Will have adequate facilities to provide sufficient off-street parking and loading
space to serve the proposed use.
10. Will not result in the destruction, loss or damage of a natural, scenic, or historic
feature of major importance.
PLANNING COMMISSION ACTION ALTERNATIVES: The Planning Commission
is required to consider the possible adverse effects of any proposed special use
application and what additional requirements may be necessary to reduce any
adverse effects. The Planning Commission can make a recommendation to the City
Council for approval, approval with conditions, or for denial. Section 52.07 Subd. 3:
(h) sets forth eight conditions the Planning Commission and City Council may impose
to meet the standards of the Zoning Ordinance and to protect the best interests of the
surrounding area or the City as a whole. The Planning Commission
recommendation to the City Council must include findings to support its decision
according to State Law.
. Page 2
STAFF FINDINGS: The following findings of fact have been prepared by staff for
consideration by the Planning Commission on this application:
1 . The proposed use will not be detrimental and will serve to promote the
overall welfare of the community by providing a unique recreational
opportunity for family recreation.
2. The proposed use if approved, will promote the overall economic goals
and objectives of the St. Joseph Comprehensive Plan by encouraging the
start up of a new business within the community; and with a market reach
which will serve to attract visitors from the larger regional area. It will also
serve to occupy an existing structure and promote the occupancy of an
existing building which has already completed a thorough site plan review
and improvement process.
3. The intended use is compatible with the Light Industrial District in that it will
be a destination location, in particular through pre-advanced reservations,
and will not rely upon drive-by or convenience retail type traffic to change
the character of the district. The use will. be compatible with the area.
4. There are adequate infrastructure services existing to serve the use.
5. There will not be an anticipated impact on traffic movements to the area
and there appears to be adequate existing off-street parking to serve the
business and neighboring uses in the multi-tenant facility.
STAFF COMMENTS: The proposed use of this building in the industrial district
for a family recreational center would appear to be a good fit for the use of this facility.
The placement of these types of uses, such as specialty recreational, exercise and
training facilities in industrial and office park districts is a common trend nation wide.
We do not anticipate any issues with the proposed special use of this business in the
building, provided all necessary building, fire and health department regulations can
be adequately met and the business can comply with the City's sign regulations for
the Light Industrial District.
STAFF RECOMMENDATION: Staff recommends approval of the special use
permit for BOUNCE DEPOT, INC. at 700 15th Avenue - Lot 3, Block 1 Buettner Business
Park 2nd Addition Subject to the following conditions:
1. Compliance with all local building & site plan requirements, including all
provisions of the State Building & Fire Codes and State Health
Department Regulations.
. Page 3
2. All signage for the proposed use be in compliance with the City of St.
Joseph's sign regulations.
3. The hours of operation are restricted to a closing time of 10:00 p.m. for all
use of the facility.
4. The petitioner shall be subject to a review of the Special Use Permit within
one year of final approval by City Staff for compliance with the conditions
of this request, as may be approved. The review will involve a check to
assure compliance with the City of St. Joseph Zoning Ordinance, including
parking, signage, and all other applicable laws of the City. A written
summary of the review will be provided on an informational basis only for
the Planning Commission and City Council, provided there is full
compliance with the terms of the Special Use Permit.
. Page 4
Sit~~ Plan Submitted (Date):
Developer:
Planning Commission (Date);
(Anticipated Agenda date)
Date Plan is Routed To
Appropriate Department
Comments to be returned by
Project Type
Preliminary Plat
Final Plat
PUD
E-E
. City of St. Joseph
Development Routing Form
__ -t( nlolo
~ f .z..g (d~
_ El Development
_ B2 Development
,__" B3 Development
____~~I] Development
Industrial
__"..___ Rl Development
__ R2 Development
.___ R3 Development
Depaltments for which comments are requested:
~ City Engineel' _,_V Public Works
-L City Attorney Fire Chief
V Building Inspector
v"" EDA
Please review the attached development plans aIld submit written comments by the date indicated
above. This form must be retumed to the City Office by the date stated above. If you do not
have any concerns please indicate so on the line provided below.
tit) il41~_~'I7b- ~~.
f;/5t/r;//
Date
City of Sf. Joseph
Development Routing Form
Site Plan Submitted (Date):
Developer:
Planning Commission (Date):
(Anticipated Agenda date)
~(\\ \Oh
l-\e,\\ev' f(O~\i ~
~lc-l6b
Date Plan is Routed To
Appropriate Department
~hlI0,b
~( 2..-~Id~
Comments to be returned by
Project Type
_ Preliminary Plat
Final Plat
_ B 1 Development
_ B2 Development
_ B3 Development
~ II Development
PUD
E-E
Departments for which comments are requested:
V City Engineer V Public Works
~ City Attorney Fire Chief
Industrial
_ Rl Development
_ R2 Development
_ R3 Development
VB 'ld' I .
_ U1 mg nspector
V""EDA
Please review the attached development plans and submit written comments by the date indicated
above, This form must be returned to the City Office by the date stated above, If you do not
have any concerns please indicate so on the line provided below,
~~
epartment Sign re
~~~~
Date '
I Attachment: Yes or No
REQUEST FOR PLANNING COMMISSION ACTION
Development Approval
DATE: September 5, 2006
AGENDA ITEM
Development Review Sisters of the Order of St. Benedict
Construction of Hermitages
PREVIOUS ACTION
RECOMMENDED PLANNING COMMISSION ACTION
COMMENTSIRECOMMENDATIONS
I have not received all the comments at the writing of the memo. However, the proposed project is
consistent with the uses outlined in the E & E Zoning District. In meeting with CSB representatives we
discussed the need for the buildings to be connected to the municipal water and sewer system and that
each building must meet building codes. We will have additional information on this matter as well on
Tuesday Evening.
SEH
MEMORANDUM
TO:
Judy Weyrnes, St. Joseph City Administrator
FROM:
Tracy L. Ekola, PE
DATE:
September 1, 2006
RE:
Order of St. Benedict Hermitages
SEH No, ASTJOE 0701 D77
The following are engineering review comments for hermitages for the Sisters of the Order of S1.
Benedict site.
1. Provide a site plan showing proposed grading plan (including proposed building elevations
and surrounding site elevations/contours) and utility plan (showing elevations for private
utility extensions) for City Engineer review.
2. The proposed site has a low potential for increased surface water runoff due to the %
impervious surface proposed (less than 1% of the 2.75 acre site is proposed to be buildings;
no parking or driveway surfaces are proposed). Per Ordinance 52.18 Surface Water
Management Ordinance, the City upon recommendation of the Planning Commission, may
waive the requirements for a Surface Water Management Plan due to the minimal impact and
runoff potential for this project (i.e. minimal risk for adversely affecting the standards and
requirements set forth in the ordinance.)
3. NPDES Permit will be required if the construction site (i.e. disturbed area) is greater than one
acre.
c: Ron Wasmund, Building Official
Dick Taufen, Pubic Works Director
Kara Hennes, Sisters of the Order of S1. Benedict
x:\s\stjoe\common\d59 benedicta arts center\m-jweyrens site plan review. doc
Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717
SEH is an equal opportunity employer www.sehinc.comI320.229.4300 I 800.572.0617 I 320.229.4301 fax
APPLICATION FOR P~ANNING CONSIDERATION
CITY OF ST. JOSEPH
25 College Avenue NW
P. O. Box 668
St. Joseph, MN 56374
(320)363-7201 or Fax (320)363-0342
Fee $
Paid
Receipt #
Date
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS)
NAME: Sister!'! or +h.. nrrl..r of 91: aea.edi~ONE: 320-363-7005
%Sister Kara Hennes, Treasurer
ADDRESS: 104 Chaoel Lane !=:+ .Tt"\"''''ph. D4~T 5€i:il74
UWe, the undersigned, hereby make tbe following application to the City Council and Planning Commission of. the City of St. Joseph, Stearns County,
Minnesota. (Applicants bave tbe responsibility of checking all applicable ordinances pertaining~to their appJicationand complying with all ordinance
requirements):
1. Application is hereby made for: (Applicant must check any/all appropriate items)
Rezoning Zoning Ordinance Amendment
Home Occupation Unit
Surface Water Management Plan (Grading pennit)
PUD
Building Mover's pennit
Building Moving- Owner's Permit
Development Plan Approval
x
Other, please specify:
Move in two cabins for Hermitages
2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, 'if
any (attach additional sheet ifnecessary): See attached leqal description - addendum. A
Bec Qttaohed oite plaa addendum D
3. Present zoning of the above described property is: Educational - Ecclesiastical District
4. Name and address of the present owner oflbe above described I~:isters of the Order of St. Benedi.ct
5. Persons, finns, corporations or other than applicant and present owner who mayor will be interested in the above described land or
proposed improvements within one year after issuance of penn it applied for, if granted, are:
No other persons thaa the persons wi.o come to the 3piL.i.Lu.al.i.Ly Ct::uLt::r
tor sol~tude and retreat exper1ences
6. Attached to this application and .made a part thereof are other material submission data requirements, as indicated.
J!.a,.Ui
)-f., &~-1
Owner Signature:
Date: f ~//;.f ~Ci&
4t.r Date: f ~ I 'f -cJ tr
Applicant Signature:
FOR OFFICE USE ONLY
DATE APPLICATION SUBMITIED:
DATE APPLICATION COMPLETE:
Planning Commission Action: _ Recommend Approval _ Recommend Disapproval Date of Action
Date Applicant/Property Owner notified of Planning Commission Action:
City Council Action: _ Approved _ Disapproved Date of Action
Date ApplicantlPropeny Owner notified of City Council Action:
st. Joseph Development Manual
1
Forms for Platting,
Zoning, and Building
EE District
Updated 12/03
4.
Proof that the Applicant is the owner of tile pared in question.
5.
Required Fee ($500.00 Deposit)
YES
NO
YES
NO
SISTERS OF THE ORDER OF SAINT BENEDICT
Required Materials Submitted for City ofSt. Joseph
Proiect Narrative~ The Sisters of the Order of Saint Benedict request permission to add
two Hermitage units to the monastery campus. Participants in the monastery's
Spirituality Center frequently request a solitude space for more silent prayer and
meditation. A Hermitage provides this solitude space if located close to the Spirituality
Center. Our research and the sister's wishes are for rustic units located within a natural
environment. The Hermitage on the monastery campus, which was occupied by one of
our sister hermits for many years, is no longer in existence. The area near its location
provides natural space for the addition of Hermitages. The sisters are working with a
group of Amish builders who produce beautiful cabins that can be moved in the future.
We propose to locate two of these pre-built cabins on our property on Parcel
84.53439.000.
1. Legal Description-See addendum A
2. Site Plan drawing-See Addendum B
A. Building Location-See Addendum B and Picture 1
B. Building Elevation-See Addendum C
C. Building Exterior- See Picture 2. The cabins are constructed of Norway Pine.
One cabin will be 15'x 24' with an 8' screened porch and the other cabin will
be 15'x28' with a 6' porch. The roofhas taper sawn shake roofs, exterior
Seasonite protection and Icynene insulation under vault and floors. The
builder uses Permachink support products, including the 11 "log boss
fasteners, chinking, and wood finishing products. The dimensional lumber is
cut by Amish craftsmen using simple tools, and then assembled at their
building site near Staples, MN. The units are moved from the building site to
the site on our campus.
D. Locations of ingress and egress points-Pedestrian access only.
E. Location of dumpster and solid waste pick-up area-will be combined with
waste from adj acent buildings at the time that the cabin is cleaned after each
occupant.
F. Sign location and dimensions-there will be no signage for these units
G. Lighting Standard-a pathway from the Spirituality Center will have Bollard
lights. See addendum B
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CITY OF ST. JOSEPH
INTERIM ORDINANCE
The Council of the City of St. Joseph hereby ordains:
That the St. Joseph Code Book is amended by the addition of following Interim
Ordinance:
And WHEREAS the present zoning ordinances regulating the use of signs within the City
appear inconsistent and inadequate to achieve that balance, and the City Council has authorized a
study to determine whether and how the zoning ordinances should be amended to better achieve
that balance.
THE ST. JOSEPH CITY COUNCIL HEREBY ORDAINS that it is necessary to impose a
moratorium on the permitting of new signs of any kind in order to allow sufficient time for said
study, and to protect the enforcement of zoning regulations and the health, safety and welfare of
the citizens of the City ofSt. Joseph. The moratorium shall include, but not be limited to, the
permitting oftemporary signs, portable signs, advertising signs and business signs within the
City. The moratorium shall not apply to requests in regards to signs already existing necessitated
by emergency circumstances. The moratorium shall continue in full force and effect for one year
from the date of adoption, or until such time as the City Council has amended the zoning
ordinances. The City Council reserves the right to extend the effective period of this Interim
Ordinance in accordance with Minn.Stat. 462.355, Subd. 4.
This ordinance is adopted pursuant to the recommendation of the Planning Commission
of the City ofSt. Joseph to the City Council on July _,2006. The ordinance is hereby adopted
on , 2006 and shall be immediately effective.
This Interim Ordinance is adopted the
shall be effective upon publication.
day of
,2006, and
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
. L:\CITY\sTJOE\2006