HomeMy WebLinkAbout1998 [07] Jul 06Pursuant to due call and notice thereof the Planning Commission for the City of St. Joseph met in regular
session on Monday, July 6, 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, Kurt Schneider, Jim Graeve. Council Liaison Cory Ehlert, City Attorney John Scherer, Deputy
Clerk Judy Weyrens.
Others Present: Lori Stang, Mark Stang, Allen Fuchs, Ellen Wahlstrom, Bob Wahlstrom, Les Prose,
Ralph Schmitz, Kathy Schmitz, Gerry Klaphake, Nel Pfannenstein, AI Maleska, Dave Theisen, Mary
Niedenfuer, Steve Niedenfuer, Bill Clark, Steve Dehler, Gary Heltemes, Steve Paasch, Mike Deutz, John
Provinzino.
Mark & Lori Stang, 309 Cypress Drive -Variance Hearing: Chair Klein called the hearing to order at 7:00
p.m. and stated the purpose of the hearing is to consider a five (5) foot variance on the height of a fence
on a front yard and an eight (8) foot variance on the front yard setback. The variance is being requested
to construct a privacy fence around a deck and the front yard.
St. Joseph Code of Ordinances 56.4 subd a) states: Fences and walls located within a residential district
shall not exceed the height of seven (7) feet; except fences located between the front of the residential
structure and the adjacent roadway shall not exceed four (4) feet.
St. Joseph Code of Ordinances 52.16 subd states: Front yard setbacks of not less than 30 feet on all
public right of ways.
The property is legally described as Lot 001, Block 001 Hollow Park. The request for variance has been
submitted by Mark and Lori Stang, 309 Cypress Drive, St. Joseph MN 56374.
Mark and Lori Stang spoke on their own behalf. They stated they are requesting approval to construct a
six (6) foot privacy fence on around the proposed deck and the side yard. Ehlert clarified that the
property being discussed is abutted on two sides with public right of ways creating two front yards. As
such the privacy fencing along the deck cannot exceed four (4) feet. Ehlert also stated that the proposed
fence is six (6) feet from the decking or nine (9) feet from the ground.
City Attorney, John Scherer, discussed the Ordinances as they relate to front yard setbacks. St. Joseph
Code of Ordinances 52.4 subd 40 states the front of a lot shall be for purposes of complying with this
Ordinance, that boundary abutting a public right-of-way having the least width. Under this interpretation,
the front yard of the property in question would be Cypress Drive. Therefore, the fence on the deck could
be built up to six (6) feet in height from the decking.
(Sniezek arrived at 7:15 p.m.)
However, Scherer stated that St. Joseph Code of Ordinances 52.13 subd 15 (f) states: On a through lot
(a lot fronting on two (2) parallel streets) or a corner lot, both street lot lines shall be front lot lines for
applying yard and parking requirements. The question arises as to what is a yard requirement and does
it pertain to setbacks.
Scherer stated the provisions for granting a variance on the Fence Ordinance is not as stringent as the
Zoning Ordinances. As such, the guidelines such as hardship, extraordinary circumstances, and granting
additional privileges do not apply.
Bill Elfering, 329 Cypress Drive, stated that as a neighbor he does not have any objections and can
understand the need for screening both the traffic and dumpster located across the street.
There being no one further wishing to be heard, Kalinowski made the following motion to accept the
following findings and recommend approval; seconded by Graeve and passed unanimously by those
present.
July 6, 1998 Page 7 of 10
Resolution of finding
The request of Mark & Lori Stang for a variance request came before the Planning Commission at a
public hearing held on July 6, 1998. The purpose of the hearing is to consider a five (5) foot variance on
the height of a fence on a front yard and an eight (8) foot variance on the front yard setback. The
variance is being requested to construct a privacy fence around a deck and the front yard.
St. Joseph Code of Ordinances 56.4 subd a)_states: Fences and walls located within a residential district
shall not exceed the height of seven (7) feet; except fences located between the front of the residential
structure and the adjacent roadway shall not exceed four (4) feet.
St. Joseph Code of Ordinances 52.16 subd states: Front yard setbacks of not less than 30 feet on all
public right of ways.
The property is legally described as Lot 001, Block 001 Hollow Park. The request for variance has been
submitted by Mark and Lori Stang, 309 Cypress Drive, 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 City Attorney provided the following information:
7. The Fence Ordinance allows the granting of a variance on the height without
using the stringent guidelines as provided in Ordinance 52.7 subd 2.
2. The variance prohibits ambiguity in the future as to whether or not Old
Highway 52 is considered a front yard or side yard.
Therefore, based on the above findings, the Planning Commission makes the following recommendation:
Approve a two (2) foot variance on the maximum height of a fence in the front yard, allowing the
fence abutting Old Highway 52 to be six feet in height and allowing the fence to be constructed
22 feet from said roadway.
The hearing was closed at 7:20 p.m.
Nel Pfannenstein Variance request on minimum lot size and depth: Chair Klein opened the hearing at
7:30 p.m. and stated the purpose of the hearing is to consider a two thousand three hundred twenty-nine
(2,329) foot variance on the minimum lot size and atwenty-nine and one half (29.5) foot variance on the
minimum lot width. The variance is being requested to allow the construction of a single family dwelling.
The property is zoned R-1, Single Family.
St Joseph Code of Ordinances 52.16 subd 5 (b) states: Minimum area where served by approved
community sewer and water: 11,000 square feet.
St Joseph Code of Ordinances 5216 subd 5(c) states: Average width of not less than 75 feet and an
average depth of not less than 125 feet.
The property is legally described as: Lots 009 and 010 Loso's 5t" Addition, less the west 95.50 feet
thereof Block 003. The request for variance has been submitted by Nel Pfannenstein, PO Box 205, St.
Joseph MN 56374.
July 6, 1998 Page 2 of 10
Nel Pfannenstein spoke on her own behalf. She stated this matter has been addressed in 1982, 1984
and again in 1994. In 1982 Mr. Pfannenstein appeared before the Commission to request a lot line
change on the aforementioned property, to allow the construction of two single family homes. Since that
time, one lot has been sold with a single family home constructed. She stated at this time she would like
to sell the remaining lot, but needs assurance it is a buildable lot.
Scherer stated that in reviewing the information of the past Council and Planning Commission the two lots
in question were reconfigured using the same footages. He stated the biggest problem with this issue is
allowing the construction of a single family home with the frontage being an alley. The major reason for
not allowing homes with the only frontage being an alley is access. Further questions of snow removal
and street improvement become an issue at some point in time.
AI Maleska, 215 Ash Street East, stated that he has no objection to the variance request, but questioned
if the City would consider vacating the north./south alley that abuts the parcel in question.
Weyrens stated that she had advised Pfannenstein to discuss this matter with the City Council
and they would need to review the matter and conduct the necessary public hearing. Scherer stated that
the Council would also need to determine if any utilities are located in the alley.
There being no further questions, Graeve made a motion to adopt the following findings; seconded by
Sniezek and passed unanimously by those present.
Resolution of finding
The request of Nel Pfannestein for a variance request came before the Planning Commission at a public
hearing held on July 6, 1998. The purpose of the hearing is to consider a two thousand three hundred
twenty-nine (2,329) foot variance on the minimum lot size and atwenty-nine and one half (29.5) foot
variance on the minimum lot width. The variance is being requested to allow the construction of a single
family dwelling. The property is zoned R-1, Single Family.
St. Joseph Code of Ordinances 52.16 subd 5 (b) states: Minimum area where served by approved
community sewer and water: 11,000 square feet.
St. Joseph Code of Ordinances 5216 subd 5(c) states: Average width of not less than 75 feet and an
average depth of not less than 125 feet.
The property is legally described as: Lots 009 and 010 Loso's 5`h Addition, less the west 95.50 feet
thereof Block 003. The request for variance has been submitted by Nel Pfannenstein, PO Box 205, 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:
St. Joseph Code of Ordinances 52.7 subd 2(al states: 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 or
extraordinary circumstances must not be the result of actions taken by the petitioner.
Finding: The Planning Commission reviewed the information from 1982 and 1984 pertaining to
the lot line change of Lots 9 and 10, Loso's 5'h Addition. It is the opinion of the Planning
Commission and City Attorney that the original request in 1982 was a re-configuration of lots, not
changing the square footage. Therefore, the lots were previously platted and approved, making
the above mentioned lots buildable. Further, the Planning Commission is of the understanding
that this request was already approved in 1982 and again in 1984.
July 6, 1998 Page 3 of 10
Therefore, based on the above findings the Planning Commission makes the following recommendation:
Approve a two thousand three hundred twenty-nine (2,329) foot variance on the minimum lot size
and atwenty-nine and one half (29.5) foot variance on the minimum lot width.
The hearing was closed at 7:40 p.m.
Liaison Reports
Pond View Ridge 5th Addition: The City Council recently approved the final plat of Pond View Ridge 5"'
Addition, making the changes as requested by the Planning Commission. Klein questioned if the
Planning Commission should have reviewed the final plat before the Council reviewed and approved it.
Ehlert stated that the plat had not changed since the Commission reviewed the preliminary with the
exceptions of the recommendations of the Commission.
Charles Cushing Accessory Building: Ehlert stated that the Council received a letter from the City
Attorney regarding the accessory building at 825 Minnesota Street East. A revised letter has been
forwarded to the Planning Commission. Scherer briefly discussed the matter and stated that the
Ordinance (52.11 subd 6) allows for residential alterations on anon-conforming use (accessory building).
Enlargement of the square footage of the building would have been a clear violation of the Ordinance.
However, since the property owner only made improvements to the existing structure, it is the opinion of
Scherer that there has been no violation of the Ordinance. Therfore, the Council considers this a closed
matter and requested the opinion letter be made available to the Planning Commission and the public.
Scherer encouraged the Commission to review section 52.11 subd 6 in the updating of Ordinances in an
attempt for it to be more definitive.
Klein stated that he objected to the interpretation of the Ordinance and stated that it is his understanding
that the intent of the Ordinance was to prohibit all non-conforming uses from being improved and
expanded. Graeve stated that it is his opinion that the Planning Commission is the Board of Appeals and
Adjustments and as such they should be responsible for the enforcement of the Zoning Ordinances.
Ellen Wahlstrom questioned what will happen in the future and how will complaints be handled. It is her
understanding the accessory building was approved through a loop hole in the Ordinances. Kalinowski
requested that the Commission review Ordinance 52.11 subd 6 to clarify the intent.
James Development -Rezoning Rear Yard Setback Variance and Site Plan Request: Chair Klein
called the hearing to order at 8:05 p.m. and stated the purpose of the hearing is to consider re-zoning a
parcel of property currently zoned B, General Business to R-2, Multiple Family and consider a twenty
(20) foot variance on the rear yard setback. The purpose of the rezoning and variance request is to allow
the construction of an Assisted Living Facility.
St. Joseph Code of Ordinances 52.17 subd 6_(c): Rear yard shall have a depth of not less than 20
percent of the depth of the lot.
The property is legally described as follows: That part of the Northwest Quarter of the Southwest Quarter (NW '/<
SW1/4) of the Section Numbered Eleven (11), Township Numbered One Hundred Twenty-four (124) North, of Range
Numbered Twenty-nine (29) West, all in Stearns County and State of Minnesota, described as follows; Beginning at
the Southwest corner of said Section 11; thence, along the South Line of said Section due East 1345.0 feet to the
Southeast corner of the SW '/< of SW '/< of said Section 11; thence, along the East Line of the SW '/. of SW'/< and
NW'/4 SW'/< of said Section North
01 ° 08' East 2101.22 feet to the Point of Beginning of the tract herein described; thence, continuing along the East
line of said NW '/. of SW %< aforesaid; North 01 ° 08' East 210.36 feet; thence, South 87 09' West 209.18 feet; thence,
South 01 08' East 210.36 feet; thence, South 87° 09' West 209.18 feet; thence, South 01 ° 08' West 199.95 feet;
thence, due East 208.72 feet to the Point of Beginning. Tract being subject to a Thirty-three foot Township road
Right-of-Way along the East line thereof.
July 6, 1998 Page 4 of 10
The request for re-zoning has been submitted by the James Development Firm; 1257 2"d Street N; Sauk
Rapids, MN 56379 and property owners Bob Wahlstrom, PO Box 135, St. Joseph MN 56374 and Leslie
Prose, 2740 Atwood Drive; St. Cloud MN 56301.
Richard Schmitz spoke on behalf of James Development. He stated that he is before the Commission to
request rezoning of a parcel of property along 91S` Avenue as we11 as a variance on the rear yard setback
to allow the construction of an Assisted Living Facility. The facility would house 24 elderly residents.
Schmitz presented the Commission with a revised elevation of the proposed building, a revised floor plan
and site plan as well as a script as to what constitutes assisted living. The proposal includes a facility
with 13,688 square feet, 14 parking spaces and maximum lot coverage of 32%.
Schmitz stated that his company has built many Assisted Living Facilities including one in Sauk Rapids.
The average age of the residents is 88. He stated he prefers to build the facilities in residential
neighborhoods. Schmitz stated that he held an informational meeting with the neighbors of the proposed
development on June 25, 1998 where no one objected to the use.
Gary Heltemes, 30309 - 90`h Avenue, stated that he lives in the affected neighborhood and stated it is his
opinion that an Assisted Living Facility would be compatible with surrounding property uses.
Lesnick questioned if the front elevation presented to the Commission was an accurate portrayal of the
facility that would be constructed in St. Joseph.
Schmitz responded that it is similar but there will be modifications such as a different entry and a
porch along the front. The front elevations presented are those of one currently being constructed in
Florida. Lesnick stated that it is deceiving to present an illustration to the neighbors if that is not an
actual drawing. A sided facility has a different appearance than stucco as well as a different pitch to the
roof. Lesnick requested that before this matter appears to the City Council an actual front elevation must
be submitted.
Steve Dehler questioned if the proposed facility would be required to adhere to the Parking Lot Ordinance
and if there is a buffer required between zoning classifications.
Scherer responded that the City does not have a Parking Lot Ordinance, but a provision for
parking lots in the General Zoning Ordinance. This provision does not apply to the request before the
Commission at this time.
Schmitz responded that all facility he constructs have paved and curbed parking lots.
The Commission reviewed the required parking for an Assisted Living Facility and based on 24 residents,
the site plan must contain 14 parking stalls.
Dave Theisen, Fire Chief, questioned if the building would be sprinkled, if a symplex system would be
installed and if a hydrant will be part of the site plan.
Schmitz responded that the building will be sprinkled and a symplex system will be used. At this
time he is uncertain as to how the water will be extended to the property and cannot determine where the
hydrant will be located, but he is willing to work with the Fire Chief on this matter.
Bob Wahsltrom and Les Prose requested that the Commission approve the re-zoning contingent upon the
approval of the variance and site plan. As property owners they would rather the property remain
General Business if the Assisted Living Facility does not receive approval.
There being no one further wishing to speak, Ehlert made a motion to recommend adopting the following
findings; seconded by Kalinowski and passed unanimously by those present.
Resolution of finding
The request of James Development and property owners Bob Wahlstrom and Leslie Prose for a rezoning
and variance request came before the Planning Commission at a public hearing held on July 6, 1998.
July 6, 1998 Page 5 of 10
The purpose of the hearing is to consider re-zoning a parcel of property currently zoned B, General
Business to R-2, Multiple Family and consider a fourteen (14) foot variance on the rear yard setback.
The purpose of the re-zoning and variance request is to allow the construction of an Assisted Living
Facility.
St. Joseph Code of Ordinances 52.17 subd 6 (c): Rear yard shall have a depth of not less than 20
percent of the depth of the lot.
The property is legally described as follows: That part of the Northwest Quarter of the Southwest Quarter (NW '/<
SW1/4) of the Section Numbered Eleven (11), Township Numbered One Hundred Twenty-four (124) North, of Range
Numbered Twenty-nine (29) West, all in Stearns County and State of Minnesota, described as follows; Beginning at
the Southwest corner of said Section 11; thence, along the South Line of said Section due East 1345.0 feet to the
Southeast corner of the SW '/< of SW '/< of said Section 11; thence, along the East Line of the SW '/. of SW'/< and
NW '/< SW '/< of said Section North
01 ° 08' East 2101.22 feet to the Point of Beginning of the tract herein described; thence, continuing along the East
line of said NW '/< of SW '/< aforesaid; North 01 ° 08' East 210.36 feet; thence, South 87 09' West 209.18 feet; thence,
South 01 08' East 210.36 feet; thence, South 87° 09' West 209.18 feet; thence, South 01 ° 08' West 199.95 feet;
thence, due East 208.72 feet to the Point of Beginning. Tract being subject to a Thirty-three foot Township road
Right-of-Way along the East line thereof.
The request for re-zoning has been submitted by the James Development Firm; 1257 2"d Street N; Sauk
Rapids, MN 56379 and property owners Bob Wahlstrom, PO Box 135, St. Joseph MN 56374 and Leslie
Prose, 2740 Atwood Drive; St. Cloud MN 56301.
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:
St. Joseph Code of Ordinances 52.7 subd 2 (e) states 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 or recurrent a nature as to make reasonably practicable the formulation of a general regulation for
such conditions or a situation.
Finding: The variance being requested affects the west property boundary. As such it abuts a
holding pond for the City of St. Joseph and will never be developed.
Therefore, based on the above findings, the Planning Commission makes the following recommendation:
Approve the fourteen (14) foot variance on the rear yard setback, west property boundary.
Site Plan Recommendation: Kalinowski made a motion to recommend the Council approve the site
plan of James Development to construct an Assisted Living Facility with the following contingencies:
1. The Site Plan will contain a minimum of 14 parking spaces. The number of parking
spaces is based on a maximum occupancy of 24 residents. If the number of residents is
increased, the property owner will be required to present a new site plan to the Planning
Commission .
2. The parking lot will be paved, striped, and curbed. The parking plan will be reviewed by
the City Engineer to determine property drainage and ingress/egress to 91S' Avenue.
The motion was seconded by Sniezek and passed unanimously by those present.
Re-Zoning Recommendation: Lesnick made a motion to recommend the City Council approve the re-
zoning request of James Development. The property as described above should be changed from the
current zoning B, General Business to R-2, Multiple Family. This motion includes the following
contingency:
The Variance and site plans as outlined above are approved by the City Council
July 6, 1998 Page 6 of 10
The motion was seconded by Graeve and passed unanimously by those present
The hearing was closed at 9:00 p.m.
Meadowlark Apartment, request for Building Permit: Bob Stein, Meadowlark Apartments, appeared
before the Commission to request authorization to make application for a building permit. The building
permit would allow the construction of an eight (8) stall garage at 116 -10th Avenue SE. After reviewing
the site plan as it relates to the setbacks and zoning classification, Lesnick made a motion to authorize
Meadowlark Apartments to make application for a building permit. The motion was seconded by
Schneider and passed unanimously by those present.
Steve Paasch, Grooters Leapaldt Tideman Architects: Steve Paasch appeared before the Commission
on behalf of the College of St. Benedict. He stated that St. Benedict's is in the process of remodeling
Mary Commons. As part of this project a new bookstore will be constructed.
Steve Dehler questioned if the new project requires additional parking. Scherer clarified that as St.
Benedict's is zoned Educational/Ecclesiastical and as such the Commission only needs to review the
ingress/egress. Paasch stated that the proposed project will not be creating any additional parking
needs. Fire Chief Theisen stated that he has been working with the Building Official and Architect to
assure that safety issues are reviewed.
Sniezek made a motion to authorize Grooters Leapaldt Tideman Architects on behalf of the College of
St. Benedict, to make application for a building permit for the remodeling of Mary Commons including the
construction of a new bookstore. The motion was seconded by Graeve.
Ayes: Klein, Lesnick, Sniezek, Schneider, Ehlert, Graeve
Nays: None. Abstain: Kalinowski Motion Carried 6:0:1
Klein stepped down from his chair.
Mike Deutz, Special Use Permit and Parking Plan: Acting Chair Kalinowski stated that the following is a
continuation hearing from May 4, 1998. On May 4, 1998 the Planning Commission conducted a public
hearing as requested by Mr. Deutz. The purpose of the hearing was to consider issuance of a Special
Use Permit. The Permit is being requested to allow a residential rental unit in a General Business Zone.
St. Joseph Code of Ordinances 52.20 subd 3(d) allows for the following Special Use Permit: Multiple
Family dwellings provided that the use either adjacent to or provides off-street parking and there is no
conflict with adjacent activities.
The property is legally described as follows: The South half of Lot 7 of Block 9 of the Original Town of St.
Joseph, Stearns County, Minnesota. Less and except the east 10.00 feet thereof.
The request for Special Use has been submitted by Mike Deutz, PO Box 634, St. Joseph MN 56374.
The hearing was duly published and held. At the hearing Mr. Deutz stated that his plans had changed
and requested the Commission table the matter until he secured a second tenant for his proposed
business. As requested the Planning Commission and City Council tabled the matter for up to twelve
(12) months. At this time, July 6, 1998, Deutz has requested that the Special Use Permit be considered.
Deutz spoke on his own behalf. He stated that he is requesting a Special Use Permit to allow a R-3 use
in a General Business area. Plans include the construction of a two story building. The lower level will be
leased by Papa Guisiepe's Pizza and Joseph's Hair Studio. The second the level will consist of a three
unit rental facility, housing 7 students or 3 families.
The Commission discussed the parking requirements for the Central Business District. While the Central
Business District is exempt from the stringent application of the parking regulations, they are to be used
July 6, 1998 Page 7 of 10
as a guideline to determine adequate parking. The parking plan in a Central Business District shall be
determined by the Planning Commission and approved by the City Council.
If the proposed development were not in the Central Business District, the following parking spaces would
be required:
Papa Guisiepe's: One parking space for each four (4) seats used by patrons plus one for each
employee on the maximum shift. (Deutz was uncertain as to how many seats would be in the restaurant,
but indicated it may be 20 seats) Required Parking: 7
Joseph's Hair Sudio: At least one for each three hundred (300) square feet of floor area.
Required Parking: 4
Rental Unit: Two parking spaces for every three. Required Parking 3
Assumed total parking required under stringent application of the parking requirements: 14
Deutz stated that the owner of Papa Guisiepe's also operates Accu Serve which is located at 31
Minnesota Street West, abutting the proposed development. As part of her business she leases 18
parking spaces from Steve Dehler. Deutz indicated that when calculating parking areas, the gross floor
area should not be used, rather than the usable space.
The building will be constructed with a fagade similar to St. Joseph Meat Market with gray steel siding on
the upper level. The parking lot on his property will be paved and the five foot area between the
proposed building and abutting property owner will be excavated and drained to Minnesota Street or the
parking area. The plan as presented to the Commission included seven (7) on-site parking spaces.
Scherer cautioned Deutz from diverting water across a public sidewalk. Other methods of drainage will
need to be considered.
The Planning Commission spent considerable time discussing off street parking requirements. Deutz
stated that he is willing to secure parking with a property owner west of his proposed development if
required. Those present discussed options of off premise parking to include: requiring the rental tenants
to park off site or requiring the employees of the lower level businesses to park off premise. Deutz stated
that he would be willing to work either option into his leases.
Klein stated that is was his understanding of the Ordinance that any new business in the Central
Business District would be required to provided parking. It is his opinion that Deutz should be required to
provide the 14 required parking spaces.
Ehlert discussed the task force formed by the St. Joseph Chamber. The task force has been created to
research alternatives to the downtown parking problems. A letter has been sent to each business
requesting their input. He stated that it is a general rule that unless parking is convenient people will not
use the parking spaces.
Scherer questioned Deutz as to how refuse would be contained. Deutz stated that he has given some
consideration to requiring refuse to be stored indoors until garbage day. if needed he can provide a
dumpster on the northeast corner of the property. Scherer stated that requiring refuse to be stored
indoors may create a health hazard and encouraged Deutz to provide an enclosed container on the
property.
Ehlert asked Chief Theisen for any comments he may have. Theisen stated that he met with the Building
Official and briefly discussed the plans but he has not had an opportunity to review them. Deutz stated
that if the plans need to be reviewed he would prefer to submit them to the State Fire Marshall for review.
Steve Dehler clarified that his lease with Accu Serve requires him to provide the business with sufficient
parking. As the business grows so will the need for parking. Currently Accu Serve employs 31 and they
use approximately 17 parking spaces. Dehler stated he is uncertain as to whether he could lease any
July 6, 1998 Page 8 of 10
parking nor is he in the business to do so. Further, he stated that it is his opinion that Mr. Deutz should
be required to provide off street parking to meet all his needs.
Scherer stated that under the Ordinance, rental was a permitted conditional use. Nothing was presented
at the hearing which created a public health or welfare concern. he can determine from the hearing, the
rental is an acceptable use. The question that needs to be resolved is how many parking spaces are
going to be required and where will the refuse be stored.
Ken Hiemenz questioned the parking illustration presented by Deutz and if provision of a parking space in
the boulevard would be acceptable. If the Minnesota Street Beautification Project were to be expanded
the parking space would be lost. Hiemenz also questioned whether or not the City could be placed in a
liability situation with allowing such.
There being no further comments, Ehlert made a motion to adopt the following findings and recommend
approval of the Special Use Permit. The motion was seconded by Lesnick.
Ayes: Lesnick, Sniezek, Schneider, Ehlert, Graeve
Nayes: None. Abstain: Klein Motion Carried: 6:0:1
Resolution of finding
The request of Mike Deutz for a Special Use request came before the Planning Commission at a public
hearing held on May 4, 1998 and continued on July 6, 1998. The purpose of the hearing was to consider
issuance of a Special Use Permit. The Permit is being requested to allow a rental unit in a General
Business Zone.
St. Joseph Code of Ordinances 52.20 subd 3(d) allows for the following Special Use Permit: Multiple
Family dwellings provided that the use either adjacent to or provides off-street parking and there is no
conflict with adjacent activities.
The property is legally described as follows: The South half of Lot 7 of Block 9 of the Original Town of St.
Joseph, Stearns County, Minnesota. Less and except the east 10.00 feet thereof.
The request for Special Use has been submitted by Mike Deutz, PO Box 634, St. Joseph MN 56374.
Notice of this matter was duly served and published.
Inconsideration 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 use is consistent with the standards for a Special use Permit as stated in St.
Joseph Code of Ordinances 52.8 subd 4 (a-k).
Therefore, based on the above findings, the Planning Commission makes the following recommendation:
Approve the Special Use Permit as requested, with the following conditions:
Deutz will provide six (6) parking spaces on the same property where the
proposed development will occur. The parking spaced portrayed in the street
boulevard may not be one of the six required spaces. Further, Deutz will provide
four (4) parking spaces within 300 feet of his property. Deutz will require the
employees of the lower level businesses to use the off site parking. Along term
lease (10 years) will be signed by the property owner of the off site parking which
will be reviewed and approved by the City Attorney. If the off-site parking is lost
July 6, 1998 Page 9 of 10
and not immediately replaced, the conditional use permit allowing residential
rental is lost.
2. The following maximum densities apply for the rental unit:
Student Rental: 7 occupants
Family Rental: One family per unit as allowed by the housing code
3. Deutz will provide a refuse dumpster which shall be properly screened and
located on the northeast section of his property.
The hearing was closed at 10:20 p.m
Graeve reported that the MN Project for Sustainability would like to make a presentation to the public and
have requested the Planning Commission co-host the event. The presentation will include a video and
allow for public input. The Commission agreed to schedule the presentation for August 3, 1998 at 8:00
p.m. or 8:30 p.m.
Approve Minutes: Ehlert made a motion to approve the minutes as corrected; seconded by Klein and
passed unanimously by those present.
The meeting adjourned by consensus at 10:40 p.m.
f~y
Judy Weyrens
Deputy Clerk
July 6, 1998 Page 10 of 10