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HomeMy WebLinkAbout2000 [07] Jul 10 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, July 10,2000 at 7:00 p.m. in the St. Joseph City Hall. PlanDinl! Commission Members Present: Chair Hub Klein. Commissioners Marge Lesnick, S. Kathleen Kalinowski, Gary Utsch, Cory Ehlert, Jim Graeve and Kurt Schneider. Planning Commission Secretary Chad A. Carlson. Others Present: Paul Sullivan and Mike Deutz. Public HeariDI!- Variance Request bv Paul-Mar. Inc. Carlson read for the record that the Planning Commission of St. Joseph shall conduct a public hearing on Monday, July 10, 2000 at 7 :00 p.m. in the St. Joseph City Hall. The purpose of the hearing is to consider a variance request to St. Joseph Code of Ordinance 52.14 Subdivision 4 (0) which states that restaurants and cafes shall have at least one parking space for each four (4) seats used by patrons, plus one (1) space for each employee on the maximum shift. Paul Sullivan, owner, presented his plans to place a Chester Fired Chicken franchise in the space currently occupied by Stardust Video. Sullivan requested that the Planning Commission review the memo in their packets detailing the project and need for a variance to the parking requirements. Sullivan also described the site plan in detail and called the Planning Commission's attention to the seating area and available parking. The business is described as an express item food facility and will primarily serve take-out food. The new business would generate the same amount of traffic that exists with the video business, but the stay by the patrons would be less time consuming. Sullivan compared the operation to Val's Restaurant on the east side ofSt. Cloud. Utsch questioned the number of booths in the new business. Sullivan stated that there are two full booths and one half booth, providing seating for 10. Sullivan added that the restroom facilities would be shared between Taco Johns and the new business. I Klein questioned if a drive-through operation would exist and expressed concern with parking spaces 3,4,5, and 6 of the current parking scheme. Sullivan stated that the new business would not have a drive through and did acknowledge that the south parking spaces on the current site do get blocked in when the drive through at Taco Johns is busy. Lesnick stated that adding this type of business without the necessary parking would only contribute to the parking problems in this area. The need for additional parking would overflow to neighboring businesses. Lesnick stated that she received a call from Kay's Kitchen stating their disapproval of the proposal. Ehlert questioned if an arrangement of could be done with Subway to purchase or construct additional parking spaces on the north end of their lot. Sullivan stated that he will be speaking with the owners ofthe Subway property to discuss a proposal to create diagonal parking behind their drive-up area. Sullivan added that the need for parking is based on the business cycle. Taco Johns and Subway are extremely busy during the noon hour. However, the Chester Fried Chicken operation would be busy during the dinner hours of 4-6 p.m. Utsch expressed his concern with the City accepting "handshake" agreements. The Planning Commission and City Council should require the agreement in writing. Utsch further stated that the business would be excellent for St. Joseph, but the parking issue must be resolved. Graeve stated the variance being requested doesn't meet the conditions of a Variance as stated in the Ordinance. Variances are exceptions to the Ordinances and should not be a common occurrence. Utsch stated that the Planning Commission and City Council worked extremely hard in defming ordinances for the I Hwy 75 Business District. Utsch stated that he is concerned with setting a precedence in the district for existing and new businesses. The new business would not make the parking situation in the area better, but is could make it worse. July to, 2000 Minutes Kalinowski expressed her concern that sitting down and eating dinner would take longer than renting a movie. She disagrees that the new business would have less of an impact on parking then the vide{) store. I Graeve suggested that the booths be taken out and the business only serve take out food. Sullivan stated that he did consider this option, but the Ordinances actually require more spaces for a take out operation. Carlson concurred. Schneider stated that he is concerned that Taco Johns doesn't have enough parking with all the traffic that occurs during a busy day. Schneider questioned if a variance was given to Taco Johns. Carlson answered no and the current businesses meet the parking requirements. Graeve moved to recommend the City Council deny the variance request submitted by Paul-Mar, Inc. as it doesn't meet the requirements as stated in Sections a. b. and c of Ordinance 52.8 ofthe St. Joseph Code of Ordinances; Seconded by Utsch. Discussion: Sullivan requested the Planning Commission suggest some altematives that they would consider. Lesnick and Ehlert stated that the Planning Commission's only concem tonight was with the lack of parking spaces for the new business. They suggested Sullivan find a way to acquire additional spaces and present a new plan to the Planning Commission Sullivan stated that he will continue to work with Carlson and the owners of Subway to work out an agreement that satisfies the Ordinances for parking. The motion passed with the following vote: Ayes: Klein, Lesnick, Kalinowski, Ehlert, Schneider, Graeve and Utsch, Nays: None Motion Carried I Resolution of Findinl! The request of Paul-Mar, Inc. for a variance came before the Planning Commission at a public hearing held on July 10, 2000. The purpose of the hearing was to cDnsider the issuance of a variance for to the parking requirements in the B-2 Highway 75 Business District. The variance is requested to allow for the existence of a Chester Fried Chicken restaurant ftanchise in the Taco Johns building on Highway 75. St. Joseph Code of Ordinance 52.14 Subdivision 4 (0) states that restaurants and cafes shall have a least one parking space for e.ach four (4) seats used by patrons, plus one (I) space for each employee on the maximum shift. The request has been submitted by Paul-Mar, Inc. 211 County Road #75 West, 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 not consistent with the standards for a Variance as stated in St. Joseph Code of Ordinances 52.8 Subd. (a, c and d). Therefore, based on the findings above, the Planning Commission makes the following rec{)mmendation: Denial of the Variance request of 3 parking spaces for the property located at 211 County Road #75 West for the purpose of establishing a Chester Fried Chicken restaurant franchise within the Taco Johns facility. I Chair Klein closed the hearing at 8:05 p.m. July 10,2000 Minutes Joint Trenchin2 Discussion: Graeve suggested that the Planning Commission consider recommending to the City Council a policy mandating I joint trenching for utilities in new developable areas. Graeve referenced a meeting held in May regarding the Pond View Ridge Sixth Addition. All utilities agreed it was a good idea, but Stearns Electric Association has decided not to participate at this time. Their lines are placed in the easement area within the property line. In the Pond View Ridge Sixth Addition, the emphasis was placed on saving trees and safety. Graeve further stated that none of the communities in the St. Cloud Metro Area require joint trenching. St. Cloud has a "gentleman's" agreement that has worked but carries no teeth. From an environmental and safety standpoint, Graeve suggested that the Planning Commission make a motion to have the City Council research and create an Ordinance/Policy mandating utility companies be located in a joint trench. Carlson stated that he has researched the idea with the League of Minnesota Cities and they have not found one community in Minnesota with such an Ordinance. John Scherer will be looking into this situation. Carlson further added that Stearns Electric is concerns with placing their lines in the road right-of-way fearing that the road will be disturbed and lines would have to be replaced at their expense. Klein stated that all the utility companies are in the same boat. Why aren't the other companies concerned? Carlson stated that the other companies are larger and can cover the costs of replacement easier then a small rural electric operation. Ehlert stated that relocating roads and major redesigns are a thing of the past. The APO and County are very good at analyzing future development areas and placing roads in our area. There is very little risks for utility companies. Schneider stated that in his opinion it not an issue of joint trenching but rather placing all the utilities in the road right-of-way and not in the easement areas. Schneider stated his concern over safety with joint trenching and all the utility lines in one small area. I Klein stated that he spoke with a representative from Steams Electric regarding this issue and the Pond View Ridge Six development. Steams Electric is not opposed at locating their lines in the right-of-way and their intentions are to save as many trees as possible in the development. Graeve moved to recommend that the City Council adopt a policy that in aU new developments utilities shall be placed in the road right-of-way and in a joint trench when possible; Seconded by Lesnick. Discussion: Schneider stated that he supports the motion but would like the City Council to look into the sqfety concerns and the City Public Works Department is conifortable with placing all the utilities under the road right-of-way. The Ipotion passed with the following vote: Ayes: Klein, Lesnick, Kalinowski, Ehlert, Schneider, Graeve and Utsch, Nays: None Motion Carried Approve Minutes: Lesnick moved to approve the June 5, 2000 minutes as presented; Seconded by Kalinowski. The motion passed with the following vote: Ayes: Klein, Lesnick, Schneider, Ehlert, Kalinowski, and Utsch, Nays: None Motion Carried Abstain: Graeve I July 10,2000 Minutes Other Business: Mike Deutz Variance Request: I Lesnick questioned Ehlert and Carlson regarding the City Council's denial of the variance requested by St. Joe Gas and Bait. Ehlert stated that the City Council denied the Variance as it didn't meet the requirements of a variance, didn't meet the intent of the Hwy #75 Business District regulations, new or any expansion will meet the 50010 exterior requirement, and the City Council felt Mr. Deutz didn't exhaust all his options with Steams County. Carlson added that the City Council questioned if the addition should be held separate under the ordinance or does the addition require the entire structure be brought up to compliance with the exterior materials. Carlson also confIrmed that City Council felt additional options where available to Mr. Deutz without the need for a variance. Utsch stated the Mr. Deutz explained he was on the property line and in order for him to place a facade with footings, he would have to encroach on Highway #75 right-of-way. Utsch stated that he has found out that the existing building is 3 feet from the property line and he would have room. Carlson informed the Planning Commission that he has been working with Mr. Deutz to develop a new plan that would bring the complex into compliance with the Ordinance. Carlson suggested that the Planning Commission consider rewording the Ordinance to specify the exterior requirements in greater detail. 2000 Auto Body: Carlson provided the Planning Commission with a detailed landscaping plan for the Property owned by 2000 Auto Body within the Industrial Park. Carlson requested comments from the Planning Commission and none were made. Pole Barn Ordinance: Klein questioned the status of the amendments made to the residential district regarding the construction of pole barns. Carlson stated that the City Council has adopted the amendment to the ordinance and pole barns are no I longer allowed in a residential district. The City Offices will continue to work with the building inspector to make sure a similar situation doesn't occur again. Farmers Market: Kalinowski and Graeve gave a report on the activities ofthe Farmers Market and it's successful grand opening. Adult Land Uses: Utsch requested that Carlson confirm that our adult land use ordinance is sufficient and complete in light of recent rulings in the City of St. Cloud. Specifically the definition between "adult vs. grown up". Carlson stated he would look into the ordinance and confirm with John Scherer. Quonset Hut on Birch Street: Lesnick questioned if the City Offices are looking into options to clean up this area and if the business located in the facility will leave once St. Joseph Auto Sales closes. Carlson stated that the City Administrator and the Police Chief have looked into the situation. Complaints and citations have been made. Adjourn: The Planning Commission meeting adjourned by consensus at 8:35 p.m. ,- .//.~' .-- ,--- .' -i ) . ! ~./.>:>!;~~--._./- í [//{';. /"~/ .) , (''( /' . Chad A. Carlson Planning Commission Secretary I July 10,2000 Minutes