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Home My WebLink About1998 [03] Mar 16 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in special session on Monday, March 16, 1998 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Linda Sniezek, Marge lesnick, Jim Graeve. Council liaison Cory Ehlert. Deputy Clerk Judy Weyrens Others Present: Charles Riechensperger, Elvin Schmidt, Meredith Lindrud, Ellen Wahlstrom, Janet Ophoven, Brenda Dahl, James Dahl, Albert Mohs, Tony Rassier, Chad Carlson. Meredithlindrud. Variance Reauest for Amatuer Tower: Chair Klein re-opened the hearing for Meredith lindrud. The purpose of the hearing is to consider the following variances: Side Yard - 73.5'; Rear Yard -17.5'; Front Yard 8.50', St. Joseph 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. 36 requires an 87.50' foot setback from all property lines. The property is legally described as: Lot 003; Block 003 Pond View Ridge IV. Kalinowski clarified that on March 5 the Commission listened to comments from the public regarding the tower. The major concern of the neighborhood was aesthetics. The Commission tabled the hearing to receive an opinion from the City Attorney regarding the FCC ruling of 1986 and to request the property owner submit pictures of the proposed tower. Weyrens read the opinion letter from City Attorney John Scherer. The letter indicated the purpose of the ruling was to prohibit local jurisdictions from precluding amateur radio operations. It is Scherer's opinion that the regulations of Ordinance No. 36 do not preclude amateur radio operations. Therefore, the FCC ruling should not have a significant impact on the variance request of Ms. lindrud. Lindrud presented photocopies of picturing existing towers in the neighborhood as well as an amateur radio tower. She stated the proposed tower would be similar to television towers. Lindrud stated the base has already been installed on the east side of her home, but she is willing to relocate the tower if need be. The tower was located on the east side as it was closest to the operations within the house. Charles Reichenspergef of 2311 - 10th Avenue St. Cloud, stated that he is an amateur radio operator in St.Cloud and has not received any complaints from neighbors. His tower is located 10 feet from his house and transmits frequently without any interference to the neighbors. Jason Dahl expressed his concern for a tower to be constructed in a neighborhood that does not allow above ground utilities. He also questioned the Commission as to how the situation would be handled if the applicant was requesting a variance for a television tower. Ehlert clarified that if the tower is allowed it would be the highest in the neighborhood. Further, the issue at this time is the setback requests as Lindl'lJd- has previously agreed to reduce the tower to 40 feet, the maximum allowed under Ordinance No. 36. Locating the tower on the west side of the home would hide the tower and not be the focal point when entering the development. Grseve questioned Undrud as to how the tower is lowered and the maximum dissension of the tower. lindrud responded the tower will have an electric wench to change the height. Each time the height is changed she will need to go outside climb a ladder, and push the button to expand or contract the tower. The tower can only be dissented to 20 feet. March 16, 1998 Page 1 Of.3 After considerable discussion, Graeve made a motion to approve the following Resolution of Findings which recommends the City Council conditionally approve the setback variance requests of Meredith Lindrud. The motion was seconded by Kalinowski and passed unanimously by those present. RESOLUTION OF FINDINGS The request of Meredith Lindrud for a variance request came before the Planning Commission at a public hearing held on March 2, 1998 and March 16, 1998. 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. JoseDh 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. 36 requires an 87.50' foot setback from all property lines. The property is legally described as: Lot 003; Block 003 Pond View Ridge IV. 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: 1. St. Joseph Code of Ordinances 52.7 subd 2(e): That the condition or situation of a specific piece of property, or the intended use of said property, for which the variance was sought, is not of so general nature or recurrent nature as to make reasonably practicable the formulation of a general regulation for such conditions or a situation. FINDNG: The minimum setback requirements of Ordinance No. 36 cannot be met by any single family lot. The request to construct a tower for emergency services does not appear, (in the opinion of the Planning Commission), to be of a general nature. 2. 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 public health, safety, or welfare of the residents of the City. FINDING: The variance request would enhance the safety of the residents of St. Joseph as the intended use for the tower is to provide emergency services, a public safety act. Approval is based on the following contingencies: 1. The tower shall not exceed 40 feet in height, excluding any attachments or antennas The property owner has agreed to waive the variance request on the tower height, reducing the tower from 45 feet to 40 feet, the maximum height allowed under Ordinance No. 36. 2. The tower shall be located on the west side of the applicant's dwelling to lessen the visual impact of the tower. March 16,1998 Page 2 of:; 3. The outside limit of all antennas or attachments cannot exceed ten (10) feet in aggregate. Approval of Minutes: Kalinowski made a motion to approve the minutes of February 2 and March 2, 1998 with corrections. The motîon was seconded by Ehlert and passed unanimously by those present. The Commission discussed the need to plan for the future and to re-activate the Design Team concepts. Carlson stated that the EDA discussed this matter and he will be contacting people that signed up for committees during the Design Team visit. When questioned as to a time frame for this process, Carlson responded that he has not established a time frame. The Commission felt it is equally as important for the Planning Commission to review the plans and make them part of the planning process. Graeve stated c<>ncern with turning this matter to the EDA. It is his understanding that Carlson represents Economic Development and the Design Team materials would be classified as Community Development. Weyrens stated the St. Joseph Chamber of Commerce will be discussing this matter in April in relation to parking alternatives in the downtown area. St. Joseph Ordinance Review: The Commission reviewed the section of the Ordinances pertaining to RM, Residential Mobile. In a effort to gather additional information, this section of the Ordinance will be forwarded to the owner and manager of theSt. Joseph Mobile Home Park. The Planning Commission will be requesting comments and concerns. Weyrens will submit to the Commission for the April meeting altemative definitions and uses for Business Districts and Industrial Uses. The Commission is considering developing a Downtown Business Zone and Highway Business Zone. Plannina Seminar: Govemment Training Services (GTS) wiß be conducting two (2) seminars in St. Cloud 1. Annual Planning Institute - The Basics - April 18, 1998 Kelly Inn (lesnick, Klein) 2. Beyond the Basics - April 30, 1998 Kelly Inn (Kalinowski, Sniezek) Graeve made a motion to recommend the City Council authorize the attendance of two (2) Planning Commissioners at each of the above seminars. Adjourn: Lesnick made a motion to adjourn at 9:00 p.m.; seconded by Sniezek and passed unanimously by those present. ~~~ dy Weyrens . Deputy Clerk March 16, 1998 Page 3 of 3