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HomeMy WebLinkAbout1997 [07] Jul 07 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, July 7, 1997 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Dan Nierengarten, Kurt Schneider. Council Liaison Cory Ehlert. Deputy Clerk Judy Weyrens. Others Present: Al Stellmach, Steve Hoffman, Deb Everette, Joe Bechtold, Jerome Salzer, John Schroeder, Mike Deutz, Mary Hiltner, Mark Hiltner, Len Wienner. Al Stellmach - Public Hearing, 30 foot front yard setback: Chair Klein called the hearing to order at 7:00 p.m. and stated the purpose of the hearing is to consider a thirty foot variance on the front yard setback. St. Joseph Code of Ordinances 52.21 subd 6 ral states that front yard setbacks shall not be less than 40 feet from a public right-of-way line. Variance is being requested to construct a mini-storage unit facility. The property is legally described as Lot 003; Block 001, Neu Addition. The request for Special Use and Variance has been submitted by Al Stellmach, Ridgewood Self Storage, 562 Sauk View Drive, St. Cloud MN 56303. Al Stellmach spoke on his own behalf and presented a drawing of the property. Stellmach stated that the project has been re-designed since the last meeting, at which he was requesting a variance on the rear yard setback. The project as designed requires the granting of a thirty foot front yard setback. Stellmach stated the setback to the property is deceiving since the road has been realigned. A portion of the project area is adjacent to a ditch that was constructed when County Road 134 and Ridgewood Court were realigned. The ditch constructed is 30 feet from the property line. Additionally, while Ridgwood Court is a roadway it functions as a dead end service road to adjoining property and the proposed expansion would not decrease visibility. Stellmach also discussed the unique shape of the parcel and development constraints. Kalinowski questioned future development of the property and how the property would be landscaped. She stated that the Commission is concerned with green space and will require landscaping. Stellmach stated future plans include two additional storage facilities. He stated that he and his partner will include landscaping to include shrubs and rock with trees along the back line. Ehlert informed the Commission that the City Council denied the Special Use Permit of Al Stellmach due to lack of a plan. When a property owner requests a Special Use Permit, the City has the opportunity to impose restrictions specific to the development. Therefore, without a plan the developer could construct a facility not consistent with City standards. Stellmach requested the Commission ask the Council to reconsider the Special Use Request. July 7, 1997 Page 1/5 Kalinowski made a motion to request the City Council reconsider the special use permit and approve the variance requested based on the following findings: 1. St. Joseph Code of Ordinances 52.7 subd 2(a): That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not generally apply to other properties in the same zoning district. The exceptional circumstances must not be the result of actions taken by the petitioner. Finding: a. The property is uniquely shaped as it is an elongated triangle; b. Because of the redesign of the road and the placement of ditches, portions of the proposed building meet the zoning requirements. 2. The use is consistent with St. Joseph Code of Ordinances 52.7 subd 2 (b,c,e). 3. St. Joseph Code of Ordinances 52.7 subd 2(d): That 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 pubic health, safety or welfare of the residents of the City. Finding: The proposed building will not decrease visibility on Ridegwood Court County Road 75. The motion was seconded by Lesnick. A yes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert. Nays: None. Motion Carried 6:0:0 Kalinowski made a motion re-affirming the recommendation requesting the Council grant a Special Use Permit to Al Stellmach and Steven Hoffman to construct a mini storage facility based on the revised site plan and the use is consistent with the St. Joseph Code of Ordinances.· The motion was seconded by Lesnick. Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert. Nays: None. Motion Carried 6:0:0 The hearing was closed at 7:30 p.m. Deb Everette: Deb Everette, 119 Cedar Street East, appeared before the Commission to discuss possible uses of her property. She is in the process of upgrading the property and questioned the Commission if the property could be used for a duplex (rental) or to house a business and rental. The Commission stated that rental is only allowed in General Business by Special Use. Klein informed Evertte that to use the property as a duplex would require a rezoning and the Comprehensive Plan does not allow for spot zoning. Those present generally agreed that the best use for the property appears to be Business and if she presented a plan for the property they would agree to conduct a hearing for a Special Use Permit to allow one rental unit. Everette also discussed recent remodeling projects and contacts with the Building Official. She questioned the Planning Commission as to the Building Code requirements at which the Con:m:rission clarified they cannot interpret the State Building July 7,1997 Page 2/5 Code and she would need to work with the Building Official. Comprehensive Plan: Klein opened the floor for any discussion regarding the proposed Comprehensive Plan. Joe Bechtold, St. Joseph Township, stated the Plan has greatly improved since the first draft. Kalinowski reported that reviewed and recommended changes to include "Citý' where "Planning Commission" is listed as well as adding the 1997 Variances and Special Uses to the table in the plan. She also noted a few typo graphical errors which she has corrected. Kalinowski reiterated that the Comp Plan includes all the information from the Star City and recommendations from the first public hearing. The Commission stated that additional input will be sought from the St. Joseph Chamber of Commerce on July 15, 1997 and at the City Council meeting on July 17, 1997. Mark Hiltner - Variance Appeal: Hilter appeared before the Commission requesting review of the front yard variance recommended by the Planning Commission and denied by the City Council. Hiltner stated that he contacted the Mayor and questioned him as to why the variance was denied, at which he stated that he was recommended by the City Attorney to do such. The Council reviewed the letter from the City Attorney and agreed that the letter did not contain specific information with regard to the Hiltner Variance request. Therefore, after reviewing the letter from the City Attorney and finding no mention of the Variance request for Mark Hilter, Kalinowski made a motion re-affirming the recommendation of the Planning Commission and requesting the City Council grant Mark Hiltner an eight foot variance on the front yard setback, based on the following findings: 1. St. Joseph Code of Ordinances 52.7 subd 2(a): That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. The exceptional circumstances must not be the result of actions taken by the petitioner. Finding: The deck on a property is normally on the side yard or rear yard, but due to the corner lot, the property in question has two front yards. If this property were a typical side yard, the setback would only be ten feet and could be fulfilled. 2. St. Joseph Code of Ordinances 52.7 subd 2(b): That the literal interpretation of the provision of this Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. Finding: The properhj owner is requesting the right to construct a deck which is a permitted and acceptable use in a residential district. The deck cannot be constructed without a variance. Further, a building permit was obtained when the house was constructed at which time the patio doors were installed. The motion was seconded by Lesnick. Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider. Nays: None. Abstain: Ehlert Motion Carried 5:0:1 Mike Deutz - Building Proposal: Mike Deutz appeared before the Commission to July 7, 1997 Page 3/5 discuss the possible construction of a car wash and office building. He stated he has recently purchased the rental property on the comer of Birch Street and College A venue South. The proposal includes the demolition of the house and construction of a touchless car wash for St. Joseph Gas & Bait and an office building to be used by St. Joe Gas and Bait and possibly one additional tenant. He stated that he contacted the Economic Development Director who reviewed the plans and advised him to appear before the Planning Commission. St. Joseph Code of Ordinances requires a special use permit for a car wash. Deutz stated that the General Contractor will be John Meyer, DM Building. When questioned about the ingress/egress to the property, Deutz stated that he will be contacting the County Engineer, Doug Weishaar, to receive plan approval before the public hearing. Deutz stated that he will design the project to meet the requirements of the County. Commissioners agreed to schedule the hearing for August, provided the City Offices receive the necessary paperwork Len Wiener - Discussion on building uses: Len Wiener appeared before the Commission to discuss possible uses for the property owned by Russell Pickus, along County Road 75 (the former location of the Krebsbach Bulk Tanks). He is considering purchasing the property and would like to temporarily use the property to store "seasonal toys" such as RV and Boats. The Commission informed Wiener that the Commission has recommended a Land Use Moratorium and will not consider any uses until the City Council acts on the recommendation. Further, they did not feel that outside storage is the best use for the property and would be inconsistent with both the Comprehensive Plan and Code of Ordinances. Wiener stated that some uses he is considering in the future are a mini golf course, motel, hotel or a nursery. At this time he is requesting no action. Minutes: Lesnick made a motion to approve the minutes of May 12, June 2, and June 22,1997 with corrections; seconded by Kalinowski. Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert. Nays: None. Motion Carried 6:0:0 Council Liaison Report Variance/Special Use Denial: Ehlert reported that the Council has denied the variance request of Leander Zipp based on information from the City Attorney. He stated that concern was expressed that Zipp does not have the property required to add additional storage space and allowing such would set precedence. The variance request of Leon Hoffman was approved because his property did not exceed the eight (8) percent maximum coverage. Ehlert reinforced that the Council wishes to work with the Commissions and Boards, but based on information received from the City Attorney they made a decision contrary to the Planning Commission. The reversing of the decision is not an indication of lack of support from the Council. July 7, 1997 Page 4/5 The Commission discussed the July 22, 1997 joint meeting of the City Council and Planning Commission and the importance of the meeting. The agenda for the meeting will include discussion of the Future Land Use Map for the Comprehensive Plan and discussion on ways to improve communication between the City Council and Planning Commission. Adjourn: Lesnick made a motion to adjourn at 9:40 p.m.; seconded by Nierengarten. Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert. Nays: None. Motion Carried 6:0:0 ì C~?Jt:l'l f(k«#~d I Judy Weyrens Deputy Clerk July 7, 1997 Page 5/5