HomeMy WebLinkAbout1998 [03] Mar 02
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in
regular session on Monday, March 2,1998 at 7:00 p.m. in the St. Joseph City Hall.
Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Linda Sniezek, Kurt
Schneider, Jim Graeve. Council Liaison Cory Ehlert. Secretary Judy Weyrens.
Others Present: Meredith Lindrud, James Dahl, Brenda Dahl, Rod Ophoven, Janet Ophoven, Joe
Bezulieu, Chad Carlson, Gerry Klaphake, Mike Deutz.
Merdith Lindrud. Variance ReQuest: Klein opened the hearing at 7:10 p.m. The purpose of the hearing
is to consider the following variances: Side Yard - 73.5'; Rear Yard - 17.5'; Front Yard 8.50'. St. JoseDh
Code of Ordinances No. 36 states: "All towers shall be set back from property lines a minimum of 125%
of the height of the tower, including all antennas and attachments.
Further a five (5) foot variance is being requested on the height of the tower. St. Joseph Code of
Ordinances No. 36 defines Amateur Radio and Television Towers as: "A tower used exclusively for
transmission and reception by an amateur radio operator, which is located on the same property as the
radio or for residential television reception, and does not exceed 40 feet in height.
The proposed tower is 45' in height with an antenna extending an additional 25'. Based on the total
height (70) St. Joseph Code of Ordinances No. 36requires an 87.50' foot setback from all property lines.
The property is legally {Îescribed as: Lot 003; Block 003 Pond View Ridge IV.
The request for variance has been submitted by Meredith L. Lindrud; 1517 Dale Street East; St. Joseph
MN 56374.
Lindrud spoke on her own behalf. She stated that she does volunteer emergency communications work
in amateur radio for Civil Defense, Civil Air Patrol, React International and other Non Profit Public
Service Organizations.
The tower is 45 feet plus pipe, rotor and antennas totaling approximately 70 feet. The tower has the
appearance of a TV tower. The frequencies used by the proposed tower do not interfere with television
or appliances and most of the transmitting is done for public service. Lindrud presented letters of
support from MaN Klug, Steams County Civil Defense Director and John Hengel, Civil Air Patrol Group
2 Communications Director. Also presented was a letter of placement approval from Steams
Cooperative Electric.
Alban Mohs of 343 Pond View Lane questioned if the proposed tower will interfere with television, radio
or phone communications.
Lihdrud stated the proposed tower will not interfere with communications devices. In recent years the
equipment has been improved and filters can alleviate such problems.
Joe Bezulieu of 1409 Cedar-Court questioned: 1) what frequency she will be transmitting on; 2) the
power output; 3) will directional finding be included; 4) and when will transmission occur?
Lindrud responded with the following: 1) Transmission frequency: VHF 143.9 to 155.07; 2) Power output:
By law the maximum output allowed is 2000 watts, but she will only use 50 watts; 3) Directional finding is
not part of the proposed use; 4) Transmission for personal use is in the morning and other transmission
times area based on service needs.
Brenda Dahl of 1406 Dale Street East, expressed three (3) major concerns: 1) The aesthetic affect on
the neighborhood; 2) What will be the procedure if interference occurs; 3) What happens if the tower
goes down in inclement weather and what will prevent neighbors from ~xperiencing damage due to such.
Lindrud responded with the following: 1) The tower will have the same appearance as existing TV
antennas throughout 8t. Joseph. 2) If interference occurs Meredith encouraged anyone to contact her and
she will resolve the problems. 3) As far as the tower being blown down, Meredith stated that the tower will
be on the east side and most wind comes from the west. Therefore, it should not be a problem. Further,
the tower is constructed in concrete and it is very unlikely the tower would fall down.
March 2, 1998 Page 1 of'f
Jerry Klaphake of 30120- 915t Avenue, congratulated Lindrud on the service she provides but stated that
as a realtor he is concerned with the resale value of homes in the neighborhood. He has experienced a
client declining to make an offer on a house because of a tower. Klaphake stated that Pond View Ridge
is a residential neighborhood and does not feel a tower belongs in such.
Undrud responded the tower is a single mass with two vertical beams on the top. The profile is the same
as a TV tower. The vertical beams will extend 6' from the center (total extension 12' to 13').
Alban Mohs stated that he understands the tower will have the appearance of a TV tower and they exist
in the old additions of the City. However, since Pond View is a new neighborhood, where overhead
power lines are not permitted, he cannot understand why a tower should be allowed.
Jim Dahl of 1406 Dale Street East, stated that he is not concerned with interference as that can be
corrected. He is however concerned with the placement of the tower in a residential neighborhood. Dahl
stated that he and his wife looked at many different neighborhoods before deciding to build in Pond View.
In choosing to live in Pond View Dahl stated that he had to give up some of his hobbies because they
would not fit in the neighborhood. Therefore, without disrespect to Lindrud and the service she provides,
he feels the amateur radio operation is a hobby, not a job. Further, if a need exits in the City for radio
operations maybe the City should look at such and find a suitable location for the tower.
Janet Ophoven of 30127 - 915t Avenue, stated she has respect for the work of Lindrud, but has
reservations with placing a tower in the residential neighborhood. She stated that Pond View Ridge has
been an asset to our community and questions whether up-scale housing will continue of a tower is
placed in the development. Ophoven also stated that she has talked to some residents near Fischer Hill
and they stated they have experienced trouble with communication devices because of a tower.
Lindrud responded to the comments by stating there is an FCC Regulation that supersedes local
govemment and she feels this regulation will allow the tower regardless of City Ordinances. Weyrens
responded that she requested the City Clerk/Administrator to contact the City Attorney to receive an
opinion on the regulation and has not yet received a response.
Ehlert discussed the evolution of the Tower Ordinance and stated the purpose of the Ordinance was to
regulate commercial towers, not to deter amateur or television towers. Sniezek expressed support of
the tower and does not see a difference from a TV tower. Kalinowski stated the Commission has seen
pictures of the tower and it is not obtrusive, in appearance nor is it different than a TV tower.
Schneider questioned the Commission as to how they would handle the situation if a resident came
before the Commission to request a TV tower at the same height. Is the Commission expressing support
because the City may gain something from issuance of the Variance, or because it falls within the intent
of the Ordinance. Schneider further clarified that he understands those present are not concerned with
frequency interference, rather with issues of safety and aesthetics.
Tony Rassier, 29912 - 915t Avenue, expressed concern with placing a tower in a residential
neighborhood and feels it may clutter the neighborhood.
Brenda Dahl again urged the Commission to reconsider the Variance. The property where the proposed
tower is to be located is the first lot in the development. The first visual image to the neighborhood will
be a tower and she feels that this type of image is not very inviting. She also stated that many of the lots
are not developed and she does not feel that this type of decision should be made without further
consideration.
The Commission discussed alternative locations including moving the tower to the north side of the lot
due to the Outlot located adjacent to the property. If the tower were to fall, it would not fall on a buildable
lot.
March 2, 1998 Page 2 of't
In an effort to gather additional information, including an opinion from the City Attorney and pictures of
the tower, Kalinowski made a motion to table the variance request to March 16, 1998 at 7:00 p.m. The
motion was seconded by Graeve and passed unanimously by those present.
Ehlert questioned if the tower could be adjustable and only raised when transmission is needed. Lindrud
responded that the tower could be raised and iowered as needed.
The hearing was closed at 8:15 p.m.
Mike IJeutz. Proposed Development. 33 Minnesota Street West: Mike Deutz appeared before the
Commission to discuss development alternatives for property located at 33 Minnesota Street West. He
stated that he owns the property on the NE corner of Minnesota Street West and 1st Avenue NW, (known
as the Linneman House), and the house is in dire- need of repair. Deutz stated he currently holds a rental
license for a maximum density of 12. The Ordinance requires that all rental units be reviewed and
licensed annually. During this process in 1997, the rental housing inspector noted many deficiencies in
the house. Therefore, due to the numerous repairs and deterioration of the house Deutz stated the
house will be demolished in Spring, 1998.
Deutz stated it is· his intention to construct a new building on the same property. The property is 100' x
56' (approximately). The proposed development would include two (2) retail offices, one 1,480 square
feet and the second one 1,776 square feet. At this time he has two possible tenants: Joseph's Hair
Salon and Williams Funeral Home. The upstairs would consist of three (3) two unit apartments.
Deutz stated that he would like clarification on the parking requirements if he proceeds with the above
plans. The property can accommodate 5 parking spaces. It is his understanding the Planning
Commission and City Council can determine the required parking within the Central Business District.
EDA Director Chad Carlson stated that he received requests to redevelop of Minnesota Street
mainstreet. This project could be a start to this process. The proposed project would demolish on· old
deteriorating building and add a new building creating additional tax base. It is his opinion that the
proposed development would not create additional parking burdens in the downtown area.
The Commission questioned the amount of parking needed for a funeral chapel and if that would create
additional parking concerns. Deutz stated that Williams is more concerned wifh having a presence in St.
Joseph and they do not expect high use of the chapel. Further, Deutz discussed the possibility of
reaching an agreement with St. Joseph Parish to use the school parkjng lot.
Weyrens informed the Commission that it is her understanding of the Ordinance that Deutz would need
to apply for a Special Use_ Permit to allow multiple family in a General Business District. The property
currently does not have a Special Use Permit and was grandfathered as a rental unit. Since the building
will be more than 50% demolished any grandfather status is lost. Weyrens stated that she will contact
the City Attorney to verify the need to apply for a Special Use Permit.
Graeve made a motion forecommend the City Council encourage Deutz to proceed with his plans to
demolish the former Linneman House and develop the property with a retail facility and rental units on
the upper level. Further it is mutually understood that a Special Use Permit may be required to allow for
the rental units and this motion does not approve or imply approval of said permit. The motion was
seconded by Sniezek and passed unanimously by those present.
Kaiinowski questioned Deutz if he has received any complaints with the car wash operation. Deutz
responded the car wash is going very well and has received no complaints.
EDA Report: Carlson discussed the Transportation and L.and Use Plan being prepared by the County.
Klein stated that he attended a recent meeting and it was very informatiye. Carlson also reported that
Brenny Transportation will be locating in St. Joseph Township near the ASTECH building. Carlson will
March 2, 1998 Page 3 of &/
meet with St. Joseph Township Planning Commission to make sure the placement fits the future
development of the Industrial Park.
Council Liaison Report: Ehlert questioned the status of Bee Line Marine and the site plan that was to be
submitted to the Planning Commission before the Certificate of Occupancy is issued. Carlson stated that
he will follow-up on this matter and report back to the Commission.
The Park Board met and discussed the need to update the Ordinance pertaining to the operation of
A TV's and snowmobiles. The Commission concurred that this Ordinance is not part of the Zoning
Ordinances and referred the matter to the City Council.
Adjoum: Graeve made a motion to adjourn at 9:15 p.m.; seconded by Kalinowski and passed
unanimously by those present.
(j!y~
Deputy Clerk
March 2. 1998 Page 4 of 4