HomeMy WebLinkAbout2000 [06] Jun 05
Official Minutes - Planning Commission
I Pursuant to due call and notice thereof, the Planning Commission and City Council for the City of St. Joseph met in
Joint Session on Monday, June 5, 2000 at 7:00 p.m. in the St. Joseph City Hall.
Planninl! Commission Members Present: Chair Hub Klein. Commissioners Marge Lesnick, S. Kathleen
Kalinowski, Gary Utsch, and Kurt Schneider. Planning Commission Secretary Chad A. Carlson.
City Council Members Present: Mary Neidenfuer, Cory Ehlert, and Ken Hiemenz
Others Present:. Duane Blascziek, Bud Nagh, Doris Johnson, Jerry Johnson, Craig Zahara, Mary Nimmirfroh, and
Mike Deutz, and Kevin Dierkhising.
Joint City Council and Plan nine: Commission Public Hearinl!:
Carlson read for the record the Planning Commission and the City Council for the City of St. Joseph shall conduct a
joint public hearing on Monday, June 5, 2000 at 7:00p.m. in St. Joseph City Hall. The purpose ofthe hearing is
consider an amendment to the St. Joseph Code of Ordinance 52.4, Subdivision 1 and 52.17 Subdivision 4 (e).
Klein stated that the hearing was needed to review the accessory building ordinance in the R-l Single Family
District. The Planning Commission and City Council should review the size, materials and location of accessory
building. Klein recalled that the Ordinance did state that "pole barn" construction was not allowed in any residential
district.
Hiemenz stated that the issue with accessory buildings has been on the front page since a homeowner in the Pond
View Ridge Addition constructed an accessory building. Since the City has no recourse at this time, the other
homeowners could proceed with enforcing the covenants that exist in the development. Hiemenz stated that City is
researching the possibility of adopting subdivision covenants or making them a part of the developer's agreement.
Hiemenz also stated that he remembers an ordinance excluding pole bams as accessory buildings but it doesn't
I appear to be in the current ordinance book.
Hiemenz requested that the Planning Commission refer to Mr. John Scherer's letter and suggested amendments to
the Ordinance.
Klein requested that the Planning Commission review the letter submitted by Doris Johnson. Included in her letter
are examples of other surrounding communities.
Utsch recommended that the Planning Commission considers limiting the number of accessory buildings to two and
have a maximum square footage of 1,500 square feet. Utsch further stated that the 10% lot coverage should remain
in the Ordinance to limit the number of accessory building on small lots.
Kalinowski concurred with Utsch and referenced the letter by Mr. Scherer, which states that the Planning
Commission should consider limiting the number of allowable units. Kalinowski requested input from the
Johnson's.
Doris Johnson addfessed the Planning Commission and their intent to purchase one of two lots in the Northland
Addition. The largest lot is 21,000 square feet and their intention is build a garage large enough to store their car
collection. The garage would be attached to the house and consist offour stalls, approximately 1,350 square feet.
Johnson requested that the Planning Commission strongly consider increasing the maximum size.
Ehlert stated that having a large garage is not necessarily bad and in many cases is good for the aesthetics of the
neighborhood because the toys and other items are in the garage rather then in the yard. Ehlert further stated he
would rather see one large garage versus 3 or more small sheds on the property.
Mary Nimmirfroh, resident, requested a definition of accessory buildings and questioned if gazebos are considered
I an accessory building. Nimmirfroh further stated that the Planning Commission should not limit the number of
accessory buildings because the current recommendation limits homeowners with small lots and the Ordinance
needs to fair to everyone.
June 5, 2000 Minutes
Schneider stated in his opinion, a 30 x 36 foot garage is a huge 3 stall garage and that City should not allow more
then 1,080 square feet. If enforced, the current Ordinance does work to control the number of accessory buildings
with the 10% lot coverage clause. It all comes down to lifestyle choices when purchasing a lot or a home. I
Utsch suggested that the City should not penalize someone with a large lot by not allowing them to have a large
garage or accessory buildings. Limiting the number to one or two accessory buildings and increasing the maximum
square footage to 1,500 square feet works in the benefit for all lot sizes, even with the 10% lot coverage.
Ehlert stated that the Planning Commission maybe assuming that the 1,500 square feet would be two buildings, but
in all reality it could be one huge building. Ehlert stated that the Planning Commission has not heard a variance
request to the 1,000 square foot maximum for a very long time. In his opinion, the Ordinance s serving its purpose
and variances can be heard on a case by case basis.
Hiemenz stated that if the Planning Commission is going to reœmmend a limit of one or two accessory uses, he
suggested that the Planning Commission c{)nsider Mr. Scherer's comments and exclude dog houses and play centers
as an accessory use and defme them in the Ordinance.
Utsch stated that the definitions of a dog house and play center must be very specific with no room for interpretation
by the residents trying to work around the Ordinance.
Schneider restated that the Planning Commission needs to reconsider the proposed maximum square footage
allowed for one or two accessory buildings. A triple stall garage is huge and has plenty of room for storage. The
community may see the construction of a 5 stall garage that may be more unsightly to the community. The
construction must fit the lot. Schneider also suggested that Planning Commission recommend a 24 foot maximum
curb cut for a driveway into the property.
Niedenfuer stated that City Ordinances can't be everything to everybody. City must consider variances by the
procedures set forth in the Ordinance and they must be adhered to. The Planning Commission and City Council
must have a vision of what is community is going to look like in the future. I
Johnson stated that the City's process for requesting a variance is very time consuming and can delay construction
for months. Again, she suggested that Planning Commission reœmmend incre.asing the allowable square footage.
Ehlert suggested that the Ordinance continue to read the 10% lot CDverage and a 1,000 square foot maximums, but in
order to use the 10% as a maximum, the lot would have to have a minimum of 11,000 square feet. Ehlert further
stated that the pitch of the accessory building would have to match the pitch of the principle structure.
Utsch clarified that his suggestion included eliminating the extra 120 square feet available, over and aoove the 1,350
square feet allowed for one or two buildings.
Kalinowski moved to recommend that the City Council approved the proposed changes to the St. Joseph
Code of Ordinances Section 52.17, Subdivision 4(e) and 52.4 as follows:
Amendments to Existing Ordinance:
1) Change e (i) to increase the allowable square footage of one or two accessory buildings not to be
greater then 1,350 square feet in area;
2) Eliminate e (ii);
3) Change e (iii) to state that the allowable square footage of accessory building shall not exceed
10% of the total lot area; and
4) Eliminate e (iv).
Additions to Existing Ordinance:
1) Accessory building sidewalls shall not exceed 10 feet in height and must have the same pitch and I
site line as the principle structure;
2) Permitted accessory buildings shall not include pole barns or post frame construction;
June 5, 2000 Minutes
3) The exterior materials and siding of an accessory building(s) shall be homogenous to the
principle structure;
I 4) Any property having one or more accessory building(s) shall not have more then one curb cut to
the property and no wider then 24 feet in width;
5) Exclude dog houses and play structures from the number and size limitations and general
requirements of this section;
6) Create specific and detailed definitions for dog houses and play structures to be included in the
Ordinance; and
7) Define a corner lot rear yard area as defined by the City Attorney.
Discussion:
Ehlert expressed his concern for rental units in the R-l District and only allowed to have a 24 foot curb
cut. The City requires that all rental units must have off-street parking and this may limit the mobility of
parking on a~ rental property.
The motion passed with the following vote:
Ayes: Klein, Lesnick, Kalinowski, Utsch, and Ehlert
Nays: Schneider Motion Carried
Ehlert questioned what type and size of structure requires a building permit in the City of St. Joseph. He expressed
his concern that many small accessory buildings have been constructed without permits.
Hiemenz stated that Ordinance 51.1 defines what construction activity requires a building permit. Hiemenz further
added that all accessory building, regardless of size, must have a building permit.
Industrial Park Site Plan Review:
Craig Zahara and Duane Blascziek presented their plans for the construction a new auto hDdy repair shop in the St.
I Joseph Industrial Park. They have purchased Lot 13 in the Rennie Addition. They presented the Planning
Commission with the site plan and landscape plan for the business.
Kalinowski clarified that the parking area meets the requirements of the Ordinance. Zahara added that the area
behind the building will be fenced for security purposes and employee parking.
Utsch questioned if old cars and parts will be stored on site. Zahara stated that the nature of their business will not
require them to maintain an area for old cars and parts.
Ehlert clarified that the entrance to the building will be on the east side and the overhead doors will be on the north
side of the building.
Kalinowski stated that the site plan has indicated were landscaping will take place, but the type oflandscaping is not
mentioned on the plan.
Zahara stated that he would be interested in some suggestions from the members ofthe Planning Commission
regarding what they would like to see. They will plant and landscape the area to the best of their ability.
Ehlert stated that the site plan identifies the landscaped area, but could they provide an itemized list of the plants and
shrubbery that will be in the area at the next Planning Commission meeting.
Utsch questioned the timeline ofthe fence surrounding the rear ofthe facility.
Zahara stated that they would not need to put the fence up right a way. Since they will be the only employees for a
while, the cars will be stored inside until they are finished. Once the business grows and space is needed, cars
waiting to be repaired will be placed outside in the secured area.
I Ehlert cited the complaint procedure established by the City Council. If a complaint would be filed against the
business, a fence would have to be constructed within a time period.
June 5, 2000 Minutes
Schneider suggested that no cars could be stored outside unless they are in a secured area (i.e. fence). Allow them
30 days to complete the construction once cars appear outside.
Ehlert moved to approve the site plan and landscaping plan with the following conditions: I
1) a detailed summary of the plants and shrubs that will be used for landscaping; and
2) the business must construct a fence within 90 days of the City Offices receiving a complaint or
the need to store cars outside of the building.
Seconded by Kalinowski.
The motion passed with the following vote:
Ayes: Klein, Lesnick, Kalinowski, Utsch, Ehlert, and Schneider
Nays: None Motion Carried
Lesnick made a motion that the fence constructed for the auto body repair shop be a minimum of six (6) feet
in height; Seconded by Ehlert.
The motion passed with the following vote:
Ayes: Klein, Lesnick, Kalinowski, Utsch, Ehlert, and Schneider
Nays: None Motion Carried
S1. Joseph Gas and Bait - Public Hearin!!:
Carlson read for the record the Planning Commission of St. Joseph shall conduct a public hearing on Monday June
5,2000 at 8:00 p.m. in St. Joseph City Hall. The purpose of the he.aring was to consider the issuance of a variance
for to exterior building material requirements in the B-2 Highway #75 Business District. The variance is requested
to allow for the construction of an addition to the St. Joseph Gas and Bait facility.
Mike Deutz, owner, detailed the expansion project to the St. Joseph Gas and Bait facility. The expansion will I
consist of a new storage facility and canopy over the existing patio area. The footings and the foundation were
poured many years ago in anticipation of the expansion. Deutz further stated that the addition will match the existing
building and will not have brick on the north side of the building. The building was constructed on the northerly
property line, adjacent to the County ROW line. There is no room to c{)nstruct a brick wall with footings on the
north side of the building. Deutz is requesting a variance to the St. Joseph Code of Ordinance 52.22 Subdivision
7( c). The new addition will provide for the expansion of the deli area.
Carlson requested the Planning Commission refer to the summary of the project submitted by Mr. Deutz for
reference. Being no further discussion or questions, the following motion and fmding were made:
Kalinowski moved to approve the site plan and recommend that the City Council of S1. Joseph approve the
variance, as requested by St. Joseph Gas and Bait, to St Joseph Code of Ordinance 52.22 Subdivision 7(c) as
it consistent with the variance standards stated in St Joseph Code of Ordinance 52.8 a-e; Seconded by
Lesnick.
The motion passed with the following vote:
Ayes: Klein, Lesnick, Kalinowski, Utsch, Ehlert, and Schneider
Nays: None Motion Carried
Resolution of Finding
The request of St. Joseph Gas and Bait for a variance came before the Planning Commission at a public hearing held
on June 5, 2000. The purpose of the hearing was to c{)nsider the issuance of a variance for to exterior building
material requirements in the B-2 Highway #75 Business District. The variance is requested to allow for the I
construction of an addition to the St. Joseph Gas and Bait facility.
June 5, 2000 Minutes
St. Joseph Code of Ordinance 52.22, Subdivision 7 ( c) Building Exteriors requires that acceptable building materials
shall include brick, stone, tip-up concrete panel, decorative concrete block or glass. Wood siding, plastic, and other
I combustible material not listed as acceptable shall not be used for building exteriors. Architecturally approved steel
is acceptable provided that 50% of the building consist of brick, stone, tip-up concrete panel and/or decorative
concrete block.
The request has been submitted by St. Joseph Gas and Bait, P.O. Box 634, St. Joseph, MN 56374.
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 variance is consistent with the standards for a Variance stated in St. Joseph Code of
Ordinances 52.8 Subd. (a-e).
Therefore, based on the findings above, the Planning Commission makes the following recommendation:
Approve the Variance request to St. Joseph Code of Ordinance Section 52.22, Subdivision 7 (c)
Building Exteriors which aUows for the construction of the addition without meeting the 50% exterior
materials consisting of brick, stone, tip-up concrete panel and/or decorative concrete block.
Chair Klein closed the hearing at 8:45 p.m.
Knieht Builders. Inc. - Public Hearin!!:
Carlson read for the record the Planning Commission of St. Joseph shall conduct a public hearing on Monday June
5, 2000 at 8:30 p.m. in St. Joseph City Hall. The purpose of the hearing was to consider the issuance of a 4 foot
variance to the side and rear yard setbacks in the B-1 General Business District. The variance is requested to allow
I for the construction of an accessory building on property owned by Knight Builders, Inc.
Kevin Dierkhising, owner, presented plans to construct an accessory building on the southwest comer of the
property. The accessory building is a much needed structure to house materials and equipment for the business.
Currently, the business leases two storage units in different locations. Due to the size constraints of the lot and the
requirements for off-street parking, the building must be placed within a foot ofthe side and rear property line. This
would require a variance offour (4) feet to the St. Joseph Code of Ordinance 52.21 Subdivision 5 (b) and (c).
Lesnick questioned if the building will provide for additional parking space and will the building consist of the same
exterior materials as the existing building.
Dierkhising stated that the building's primary purpose would be to store the materials and equipment needed for the
business. The accessory building will be the same color and material as the existing building. Dierkhising further
detailed the extensive landscaping plan that will accompany the construction of the building.
Being no further discussion or questions, the following motion and fmding were made:
Lesnick moved to recommend that the City Council of St. Joseph approve the 4 foot side and rear variances,
as requested by Knight Builders, Inc, to St. Joseph Code of Ordinance 52.21 Subdivision 5 (b) and ( c) as it
consistent with the variance standards stated in St. Joseph Code of Ordinance 52.8 a-e; Seconded by
Kalinowski.
The motion passed with the following vote:
Ayes: Klein, Lesnick, Kalinowski, Dtsch, Ehlert, and Schneider
Nays: None Motion Carried
I Resolution of Finding
June 5, 2000 Minutes
The request of Knight Builders, Inc. for a variance came before the Planning Commission at a public hearing held
on June 5, 2000. The purpose of the hearing was to consider the issuance of a 4 foot variance to the side and rear
yard setbacks in the B-1 General Business District. The variance is requested to allow for the construction of an I
accessory building on property owned by Knight Builders, Inc.
St. Joseph Code of Ordinance 52.21 Subdivision 5 (b) and ( c) state respectfully that the side and rear yard setbacks
shall not be less then 5 feet from the property line.
The request has been submitted by Knight Builders, Inc. 35 College A venue North, St. Joseph, MN 56374.
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 ofSt. Joseph, the Planning Commission makes the following findings:
The proposed variance is consistent with the standards for a Variance stated in St. Joseph Code of
Ordinances 52.8 Subd. (a-e).
Therefore, based on the findings above, the Planning Commission makes the following recommendation:
Approve the Variance request of 4 feet to the side and rear yard setbacks to the property located at
35 College Avenue north for the purpose of constructing an accessory building on the property.
Chair Klein closed the hearing at 9:05 p.m.
Approve Minutes:
Lesnick moved to approve the May 1, 2000 minutes as presented; Seconded by Kalinowski.
The motion passed with the following vote: I
Ayes: Klein, Lesnick, Kalinowski, and Dtsch,
Nays: None Motion Carried
Abstain: Schneider and Ehlert
Other:
Ehlert expressed his concern with the Building Inspector's comments, as read in the May 1,2000 minutes, regarding
the drainage plan now required by the City of St. Joseph with all new subdivisions. If the Building Inspector has
some major concerns with the implementation and effectiveness, the City Council should be aware of those
concerns. Ehlert stated that he will bring the concerns raised by the Building Inspector forward to the City Council.
Carlson passed out some motivational material provided by the Mayor.
Carlson informed the Planning Commission of the resolution made with Super America and the trash container
enclosure. The City Council approved a variance of five (5) feet due to utility lines located in the area, which will
allow for the necessary space to construct the structure.
Adjourn:
The Planning Commission meeting adjourned by consensus at 9:45 p.m.
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( Chad A. Carlson
Planning Commission Secretary I
June 5,2000 Minutes