HomeMy WebLinkAbout1997 [06] Jun 02
Pursuant to due call and notice thereof, the Planning Commission for the City of St.
Joseph met in regular session on Monday, June 2, 1997 at 7:00 p.m. in the St. Joseph
City Hall.
Members Present: Chair Hub Klein. Commissioners S. KatWeen Kalinowski, Margie
Lesnick, Linda Sniezek, Dan Nierengarten. Council Liaison Cory Ehlert. Deputy Clerk
Judy Weyrens.
Others Present: Alan Rassier, Ellen Wahlstrom, Bob Wahlstrom, Jerry Schroden, Carol
Schroden, Dale Victor, Ken Heinen, Bob Rice, Marge Rice, Bill Wasner, Chuck Fuchs,
Beata Wolak-Chute, Harold Chute, Harold Pfannenstein, June Hoffman, Leon Hoffman,
Larry Grimsley, Lee Zipp, Joanne Zipp, David Douvier, Rita Douvier, Mark Hiltner,
Ken Hiemez.
Public Hearing (Continuation) - Al Stellmach - Variance Request: Klein stated that the
public hearing is a continuation from May 12, 1997. The variance being requested is
twenty (20) feet in order to construct mini storage units. Weyrens reported that
Stellmach has submitted new plans and is withdrawing his application for a rear yard
variance. Instead, Stellmach is making application for a 10 foot front yard variance.
With that in mind, Kalinowski made a motion to deny the variance request to grant a
twenty foot variance based on the following findings:
Finding: The applicant withdrew the variance application
The motion was seconded by Sniezek.
A yes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert
Nays: None. Motion Carried 6:0:0
Council Liaison Report
Northland Addition Access: Ehlert reported that some of the residents from 1st Avenue
NE appeared before the Council to discuss securing and additional access to
Northland. After discussing the north access residents stated they are more concerned
with developing an east access. Ehlert and Lesnick will review the easement and
minutes and report back to the Commission.
Additional Meetings: Ehlert stated that the Council has authorized the special meeting
in June due to the large amount of issues that need to be dealt with. Also, Ehlert
reported the Council approved two monthly meetings as necessary.
Dale Victor - Business Expansion: Dale Victor appeared before the Commission to
discuss the future expansion of Sunset Companies. Victor stated that he recently
purchased a plastic company which is doing very well. Victor's plans include the
addition of a steel building approximately 15,000 to 20,000 square feet with a loading
dock. He stated that at this time he is requesting clarification of the Planning
Commission as to what the setback requirements are for this property. Klein stated the
property is zoned Commercial and has no setbacks. The Planning Commission
June 2, 1997 Page 1/6
concurred that there are no setback requirements even though the property is abutted
by residential property. The abutting property is zoned Commercial with a residential
use. Commissioners questioned Victor if his plans include any landscaping. Victor
responded that he will landscape and that will be part of the plans he submits when he
is ready to make application for a building permit.
Public Hearing - Rezoning request - Greg Smoley/Mark Rodenwald: Klein opened the
hearing and stated the purpose of the hearing is to consider a request to re-zone the
below described property from the current R-l -- Single Family, to M-3 - Multiple
Family.
The property is legally described as:
All that part of the Northwest Quarter of the Southeast Quarter (NW % SE 1/4) of
Section Ten (10), Township One Hundred Twenty-four (124) Range 29, described within
the following metes and boundary lines, to-wit: Beginning at a point on the Southerly
boundary line of State Trunk Line Highway No. 52 distant 562 feet East of the Westerly
line of said NW 1/4 SE 1/4 of said Sec. 10, and running thence South, parallel to the Section
line, a distance of 196 feet, thence at right angles, East a distance of 66 feet, thence at
right angles North parallel to the Section line, 1% feet, more or less to its intersection
with the Southerly line of State Trunk Highway No. 52, and thence Westerly along the
Southerly right of way line to State Trunk Line Highway No. 52, to the point of
beginning. (414 East Minnesota Street)
The request for re-zoning has been submitted by Greg Smoley, 124 - 21/2 A venue NE,
St. Stephen MN 56375 and Mark Rodenwald, 37 - 28th A venue North, St. Cloud MN
56301.
Terry Schroden spoke on behalf of the properties owners. He stated that he has a
purchase agreement on the property and would like to secure a rental license for six
persons. Schroden stated that his daughters will be attending the College of St.
Benedict and will live in the house along with four (4) other students. In his opinion the
house is unique because it has three separate entrances, three kitchens and has a large
driveway. In Schroden's opinion the house has been established as a tri-plex.
Additionally he stated that the house has been used as a multiple rental unit in the past
and he wishes to continue the use. He also questioned if a variance may be more
appropriate. Weyrens responded that in the past the property has functioned with two
rental licenses. However, the property lost all grandfather status when the license
lapsed in 1996. As far as issuing a variance, the City Attorney advised that a variance
cannot be granted on a definition. Therefore, the only recourse for the property owner
was to make application for rezoning.
Al Rassier, Rental Housing Inspector, discussed the rental license. Rassier stated that
he has inspected the property and Mr. Schroden has made the necessary repairs.
June 2.1997 Page 2/6
Additionally, the property is set up for three units, but the former property owner did
not use the basement as a rental unit the last couple of years.
Beata Chute-Wolak - Questioned where the cars will park and expressed concern about
the affect rezoning will have on the neighborhood. This property is located in a
residential zone and she does not want the neighborhood deteriorated with partying
and destructive behavior.
Marlene Althaus - Expressed concern with high levels of noise and exposing her
children to behavior which she does not feel is appropriate. She stated she is not
opposed to students but has concern regarding activity associated with the
consumption of alcohol.
Ken Heinen - Requested the Commission deny the rezoning request. He stated that the
neighborhood has dealt with student rental units in the past and during that time were
forced to deal with abusive language, theft, vandalism and behavior that was not
acceptable. He urged the Commission to not allow the residential neighborhood to be
destroyed.
Harold Pfannenstein - Concurred with Heinen and stated he does not want any
additional students residing in the neighborhood.
Bob & Marge Rice - Also spoke in opposition of the rezoning. The rental property near
their property has recently changed from student to single family. Marge stated that
when the duplex was student rental they had to deal with vandalism to their lawn,
strewn garbage and abusive behavior. She stated that it is her opinion that the students
need someone to be accountable to in order for rental units to work in the residential
neighborhoods and encouraged the Commission to deny the request.
Bill Wasner - Presented a petition requesting the City deny the re-zoning application.
Wasner questioned the Commission as to why they would consider the request if all the
adjoining property owners are opposed to the use.
After reviewing all the alternatives and public comments, Ehlert made a motion to
recommend the City Council deny the rezoning application of Greg Smoley and Mark
Rodenwald to change the classification at 414 East Minnesota Street from R-1, Single
Family to R-3, Multiple Family. Denial is based on the following:
1. The proposed zoning would not be consistent with neighboring uses.
2. Spot zoning is not consistent with the Comprehensive Plan.
The motion was seconded by Klein.
A yes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert
Nays: None. Motion Carried 6:0:0
The hearing was closed at 8:10 p.m.
Public Hearing - Leander Zipp, Accessory Size, Lot Coverage: Chair Klein called the
hearing to order at 8:13 p.m. The purpose of the hearing is to consider two variance
June 2, 1997 Page 3/6
requests in order to construct an addition to the existing garage.
The first variance is requesting a six hundred thirty- six (636) foot variance on the size
of an accessory building. St. Joseph Code of Ordinances 52.16 subd 4(e) rn permits
accessory building(s) and/or private garage (s), either attached or detached, shall be
subject to the following number and size limitations: i) One or two accessory buildings
covering a combined area not greater than 900 square feet are permitted.
The second variance is requesting a six hundred two (602) foot variance on the
maximum lot area coverage. St. Joseph Code of Ordinances 52.16 subd 4 (e) riül states
the combined area of the lot covered by the accessory buildings authorized in
subparagraphs i) and ii) above shall not exceed eight (8) percent of the total lot size.
The property is legally described as follows:
The West Sixty-seven (67) feet of that part of the Northwest Quarter of the Southeast
Quarter (NW 1/4 SE %) of Section Ten (10), Township One Hundred Twenty-four (124)
North of Range Twenty-nine (29) West described as follows, to-wit: Beginning at the
intersection of the North and South Quarter Section line and the South boundary of the
State Road; thence North 85 degrees and 16 minutes East 208.7 feet; thence south 208.66
feet; thence South 85 degrees and 16 minutes west 208.7 feet; thence North 208.66 feet to
the place of beginning. (308 East Minnesota Street).
The requests for variance have been submitted by Leander and JoAnne Zipp, 308 East
Minnesota Street, St. Joseph MN 56374
Leander Zipp spoke on his own behalf. He stated he is requesting a variance so he can
store his RV inside. Zipp discussed that his existing accessory building area is 1536
square feet and he is proposing to add an additional 62 square feet. Zipp stated that he
did not calculate the lean-to off the garage in his total accessory space and is willing to
remove that section if needed.
After reviewing the Ordinances, including the provision on existing non conforming
uses, and there being no one present to object, Kalinowski made a motion to approve
the 636 foot variance on the accessory building size and the 610 foot variance on the
maximum lot coverage of accessory buildings as requested. Approval is based on the
following:
Findings: 1. The variance being requested is consistent with St. Joseph Code of
Ordinances 52.7 subd a - e, findings required for variance approval.
2. The Commission stated that the lot is unique in size and the buildings cannot
be seen from Minnesota Street. Further, if the variance were denied the RV would
remain outside, and in the Planning Commission's view, an eyesore for the
neighborhood.
3. The addition to the building is 144 square feet. The overage on lot size and
coverage has been grandfathered.
June 2, 1997 Page 4/6
The motion was seconded by Sniezek.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert
Nays: None. Motion Carried 6:0:0
The hearing was closed at 8:25 p.m.
Public Hearing - Leon Hoffman, Accessory Building Size: Klein called the hearing to
order at 8:26. The purpose of the hearing is to consider a variance request to
construct an addition to the existing garage.
The variance being requested is a two hundred eighty- eight foot variance on the size of
an accessory building. St. Joseph Code of Ordinances 52.16 subd 4(e) h1 permits
accessory building(s) and/or private garage (s), either attached or detached, shall be
subject to the following number and size limitations: i) One or two accessory buildings
covering a combined area not greater than 900 square feet are permitted.
The property is legally described as follows:
The East 81.7 feet of the West 148.7 feet of the North 208.66 feet of the NW 1;4 of the SE
1;4, South of State Aid Road #52 in Section 10, Township 124, Range 29.
The requests for variance have been submitted by Leon and June Hoffman, 314 East
Minnesota Street, St. Joseph MN 56374
Leon Hoffman spoke on his own behalf. He indicated that he is requesting a variance
to construct an additional accessory building for a workshop. The proposed building is
22' x 30'.
There being no one present wishing to speak, Sniezek made a motion to request the
Council approve a 288' variance on the maximum allowed accessory building space.
Approval is based on the following finding:
Findings: 1. The variance being requested is consistent with St. Joseph Code of
Ordinances 52.7 subd a - e, findings required for variance approval.
2. The Commission stated that the lot is unique in size and the buildings cannot
be seen from Minnesota Street.
The motion was seconded by Lesnick.
A yes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert
Nays: None. Motion Carried 6:0:0
Mark Hiltner - Variance request: Mark Hitler, Hitler Builders, appeared before the
Commission to discuss establishing a hearing date for a variance on the front yard
setback. Hitler stated that he owns the property at Lot I, Block 1 Hollow Park Addition
and would like to construct a patio. The Ordinances require a thirty (30) foot setback
on all public right-of-ways. If he would construct the patio, he would only be
June 2, 1997 Page5/6
22 feet from the right -of-way. Commission agreed to set the public hearing for June 24,
1997 at 7:00 p.m.
Minutes: Kalinowski made a motion to approve the Planning Commission minutes of
March 3, April 7, and April 22, 1997 with minor corrections to the April 22, 1997
minutes. The motion was seconded by Nierengarten.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert
Nays: None. Motion Carried 6:0:0
Other Matters: Commission Members discussed the procedure for licensing with
Rental Housing Inspector Al Rassier. Rassier also discussed the difficulty of enforcing
the maximum number of tenants allowed in each rental unit.
Adiourn: Lesnick made a motion to adjourn at 9:05 p.m.; seconded by Sniezek.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Ehlert
Nays: None. Motion Carried 6:0:0
June 2, 1997 Page 6/6