HomeMy WebLinkAbout2001 [08] Aug 06Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Monday, August 6, 2001 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair Gary Utsch. Commissioners Marge Lesnick, Kurt Schneider, Michael Duetz, S.
Kathleen Kalinowski, Jim Graeve. Council Liaison AI Rassier. Administrator/Clerk Judy Weyrens.
Others Present: Fire Chief Dave Theisen, Clarence Fischer, Jean Dehler, Steve Dehler, Goeff Partridge,
Randy Torborg, Bill Elfering, Bill Lowell, Mark Winter, Keith Gruber, Doris Johnson, Dorothy Court, Kay
Lemke, Tim Borresch, Tillie Wasner, Ellen Wahlstrom, Loren Loso, Doug Inselman, Donald Schneider,
Gladys Schneider, Elmer Rakotz.
Approve Agenda: Kalinowski made a motion to approve the agenda as presented; seconded by
Lesnick and passed unanimously.
Jean Dehler. Special Use Request, Rental in a General Business District: Utsch opened the public
hearing at 7:00 PM and stated the purpose of the hearing is to consider a special use permit to allow a
rental unit in a General Business District. The property is located at 31 West Minnesota Street, legally
described as Lot 007, Block 009 Townsite of St. Joseph; Lot 8 Less E 2' and the E'ly 6' of Lot 007 Block
009 Townsite of St. Joseph. The request has been submitted by Jean Dehler.
St. Joseph Code of Ordinances 52.21 Subd. 3 (fl provides for the following under special uses: Mixed
use of a permitted use and a multiple residential dwelling units; but only if at least 50% of the interior
square footage (exclusive of the basement or cellar) is used full time for a permitted use. The area
consisting if multiple residential dwelling units must meet the standards of Section 52.19, Subd. 5 and 6.
Parking requirements shall be separately determined for the commercial and residential uses in
accordance with Section 52.14, Subd. 4.
Jean Dehler spoke on her own behalf. She stated that she is requesting to secure a rental license for one
unit on the second and third floor. The proposed plan includes the bedrooms being on the third floor with
kitchen and bathroom on the second floor. Dehler stated that there is currently a fire wall that separates
the units.
Lesnick questioned if the parking area will be marked and if the required fire lane is designated and
marked. Dehler stated the submitted parking plan illustrates that sufficient parking is available. As for the
fire lane, the sign has been vandalized.
Fire Chief Dave Theisen presented the Commission with a letter from the Fire Marshall dated 1994. The
letter indicates that if a portion of the second and third level of the building will be used for rental, fire
codes must be satisfied. The major code that needs to be completed is the installation of a sprinkler
system. Theisen is requesting that if the Special Use is granted, the Fire Marshall be contacted to inspect
the building and the property owners would be required to adhere to the fire codes. Rassier stated that
when the city reviewed the Rental Ordinances, language was included to adopt the State Fire Code.
Therefore, any code violations discovered by the Fire Marshall would need to be corrected.
There being no further testimony the public hearing was closed at 7:15 PM.
Deutz questioned if a special use permit is issued, would Dehler be required to pave the parking lot.
Weyrens stated that the Ordinance only requires the lot to be paved if a building permit is needed to
complete remodeling. Installing a sprinkler system would not qualify as remodeling, therefore the parking
lot would not be required to be paved.
Rassier made a motion to recommend the adoption the following Resolution of Finding, granting a
Special Use Permit to Jean Dehler, 31 West Minnesota Street.
Resolution of finding
The request of Jean Dehler for a special use permit came before the Planning Commission at a public
hearing held on August 6, 2001. The purpose of the hearing was to consider a Special Use Permit to
allow a rental unit in a General Business District.
The property is legally described as follows: Lot 007 Block 009 Townsite of St. Joseph; Lot 8 Less E 2'
and the E'ly 6' of Lot 007 Block 009 Townsite of St. Joseph. The request for Special Use has been
submitted by Jean Dehler, 31 West Minnesota Street, 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 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 Request with the following contingencies:
1. The Rental License shall be contingent upon the property being inspected by the Fire Marshall
(Fire Chief), Building Official and Rental .Housing Inspection.
2. All Fire and Safety Codes found to be deficient will be corrected before a rental license is issued
and the property occupied.
3. The property owner will immediately designate and mark the required fire lane as agreed to in
1994.
The motion was seconded by Utsch and passed unanimously.
Kelly McCann, Special Use Request, Owner Occupied Rental Unit in an R1 Zoning District: Utsch
opened the hearing at 7:23 and stated the purpose of the hearing is to consider a special use permit to
allow an owner occupied rental unit in an R1 Single Family Zoning District. The property is located at 134
- 6th Avenue NW and is legally described as follows: Lot 9 Block 3 Clinton Village. The request for
Special Use has been submitted by Kelly McCann.
St. Joseph Code of Ordinances 52.17 Subd 3 (I) allows a special use permit as follows: Residential rental
if owner occupied. For purposes of establishing if the property is owner occupied, the owner must be a
natural person and the owner occupying the property as his or her principal residence and must have a
fifty percent or greater interest in the property.
Kelly McCann spoke on his own behalf. He stated that he was unaware of the rental regulations in St.
Joseph and upon receiving notification from the City followed the process as outlined in the above
mentioned Ordinance. McCann stated that he does own and reside at the property in question and rents
living quarters to three (3) other persons. McCann further stated that he has been renting since
November of 2000. Utsch clarified that if a special use permit is allowed, only two tenants in addition to
Mr. McCann would be permitted.
Goeff Partridge of 601 West Ash Street requested the Planning Commission deny the request of
McCann. He stated that the neighborhood in Clinton Village only has one rental property and that is
located at the entrance to the housing development. When that rental unit was constructed the residents
were told by the builder that he was building the home for his children to live in while attending college.
Since the rental unit has been constructed the neighborhood has been plagued with problems including
excess cars parked on the front lawn, parties and the lack of lawn maintenance If this rental unit is an
example of what the neighborhood can expect, then the Planning Commission and Council should deny
the request. Partridge stated that it is his opinion that the Council has a responsibility to protect the
character of the neighborhood. If the special use permit is granted it is his fear that a precedence will be
established and rental units will dilute the neighborhood. Therefore, Partridge encouraged the
Commission to deny the request.
Bill Elfering of 329 Cypress Drive requested the Planning Commission deny the request permitting a
rental unit in Clinton Village. Elfering stated it is his opinion that too many homes are being converted to
rental units and the Council and Planning Commission need to protect the single family homes.
Keith Gruber of 114 - 7th Avenue NW requested that the Planning Commission deny the request of
McCann. Gruber stated that he too has concerns that if another rental property is allowed in Clinton
Village it will become as unsightly as the rental property located at the entrance to the development. It is
his opinion that the City does not have control over the number of students living in a rental unit as the
number of cars consistently parked in front of the rental unit at the entrance would indicate in excess of 7
tenants. Weyrens clarified that proving residency is extremely difficult. Even if the Housing Inspector
could conduct random inspections, there is no way to prove by counting cars or beds how many tenants
occupy the rental unit. Schneider stated the City investigated eliminating the grandfather provision
allowing 5 unrelated persons to occupy a rental unit, but found it would be illegal to do so.
Steve Frank of 606 Birch Street West stated he was asked to speak to the Planning Commission on
behalf of some residents in Clinton Village. He stated that while he has not noticed any problems with the
property owned by McCann, he is concerned with a precedence that will be established by granting the
first Special Use Permit for an owner occupied rental unit. The Ordinance was just adopted in 2000 and
Frank questions how many requests will be submitted to the Planning Commission if the McCann request
is approved.
Clarence Fischer of 126 - 6th Avenue NW requested the Planning Commission deny the request of
McCann and questioned the amount of bus traffic to and from the group home also located in Clinton
Village. Weyrens stated the buses provide transportation for the residents of the group home and
operation of such is a permitted use in an R1 Single Family Zoning District.
Utsch closed the public hearing at 7:46 pm.
Kalinowski stated it is her opinion that the request before the Commission is within the guidelines of the
Ordinance. However, at the present time the property owner has one too many tenants and would need
to resolve that matter.
Schneider stated that before a special use permit can be issued, the Planning Commission must find the
request to be within the standards outlined in the Ordinance. Schneider stated it is his opinion that the
following Special Use Standards as stated in the St. Joseph Code of Ordinances 52.9 Subd 4 are
compromised:
a. Will not be detrimental to or endanger the public health, safety, morals, comfort, convenience
or general welfare of the neighborhood.
d. Will not be hazardous or disturbing to existing or future neighboring uses
i. Will have adequate facilities to provide sufficient off-street parking and loading space to serve
the proposed use.
Kalinowski questioned Schneider as to what he considers endangerment. Further, she stated that the
property owner does have sufficient off-street parking as he can park a maximum of three cars on his
property. Schneider responded that currently the cars are parked on the street. As such, residents and
children must navigate around the cars creating a potential safety hazard.
Utsch stated that in his opinion allowing an owner occupied rental in Clinton Village would change the
character of the neighborhood, which is contradictory to the standards for granting a variance. Utsch
expressed concern that the property owner is currently in violation of the Ordinance, exceeding the
maximum number of tenants allowed.
Based on the testimony presented to the Planning Commission, Kalinowski made a motion to
recommend the City Council adopt the following resolution, denying the Special Use Permit
request of Kelly McCann.
Resolution of finding
The request of Kelly McCann for a special use permit came before the Planning Commission at a public
hearing held on August 6, 2001. The purpose of the hearing was to consider a special use permit to
allow an owner occupied rental unit in a R1, Single Family Zoning District.
The property is legally described as follows: Lot 009 Block 003 Clinton Village. The request for Special
Use has been submitted by Kelly McCann, 134 - 6'h Avenue NW, 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 use is not consistent with the standards for a Special use Permit as stated in St.
Joseph Code of Ordinances 52.8 subd 4 (a-k). The following standards have not been satisfied:
St. Joseph Code of Ordinances 52.9 Subd. 4(a): Will not be detrimental to or endanger the public
health, safety, morals, comfort, convenience or general welfare of the neighborhood or the City.
Finding: Parking tenant vehicles on the street may cause a safety issue for residents, including children as they
may be required to navigate around the vehicles.
St. Joseph Code of Ordinances 52.9 Subd. 4(c): Will be designed, constructed, operated and
maintained so as to be harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and will not change the essential character of that area.
Finding: The proposed special use will be non conforming to the majority of the neighborhood changing the
character of the neighborhood.
St. Joseph Code of Ordinances 52.9 Subd. 4(d): Will not be hazardous or disturbing to existing
or future neighboring uses.
Finding: At the present time there are no rental licenses issued in Clinton Village and the infusion of rental units
may change the use of the existing homes and discourage families from moving into the neighborhoods in the
future.
Therefore, based on the above findings, the Planning Commission makes the following recommendation:
Deny the Special Use Request of Kelly McCann to operate a owner occupied rental unit in an R1
Zoning District.
The motion was seconded by Deutz and passed unanimously.
AI Stellmach, Special Use Request -Mini Storage Units in HB Zoning District and Variance on Exterior
Requirements: Utsch called the public hearing to order at 8:06 pm and stated the purpose of the hearing
is to consider a variance and special use permit to allow the construction of an additional storage facility
in a Highway Business Zoning District; and a variance to relieve the property owner of the exterior
building material requirements. The property is located on Ridgwood Road and is legally described as
Lot 003 Block 001 Neu Addition. The request has been submitted by Allan Stellmach, Ridgewood Self
Storage.
St. Joseph Code of Ordinances 52.22 Subd. 7 (c) states that acceptable exterior building materials shall
include brick, stone, tip-up concrete panel, decorative concrete block or glass. Wood siding, plastic and
other combustible material not listed as acceptable shall not be used for building exteriors. Architecturally
approved steel is acceptable provided that at least 50% of the building (excluding windows and doors)
consist of brick, stone, tip-up concrete panel and/or decorative concrete block. Any building undergoing
renovation, repair or an addition, so as to require the issuance of a building permit shall be brought into
conformance with this subsection at the time repairs, renovation or additions are completed.
Allan Stellmach spoke on his own behalf. Stellmach stated that he started this project seven (7) years
ago. When the project began the property was zoned light indistrial and all uses were considered by
special use permit. At that time he presented a plan that included five (5) buildings. The first phase
consisted of one building, and as time progressed additional buildings were constructed. Since the
original buildings were constructed, the zoning classification for the property has been modified to
Highway Business. As such, the Planning Commission would need to issue a special use permit.
Further, the Ordinance regulating Highway Business includes a provision for exterior finish requirements.
Stellmach stated that he is seeking relief from the exterior requirements as his project has been in
progress for the past seven (7) years, prior to the enactment of the new zoning district.
Utsch closed the public hearing at 8:10 pm
Commission member concurred with Stellmach that his project has been in progress and the change in
zoning district has caused the need for the variance. Further, the unique shape of the property in
question limits the type of development. Utsch clarified that when the last building is constructed,
(facing Ridgewood Road), the exterior requirements would not be waived.
Deutz made a motion to recommend the Council adopt the following findings and approve the
Special Use and Variance request of Allan Stellmach to construct two mini storage units.
Resolution of Finding
The request of Allan Stellmach for a special use permit and variance came before the Planning
Commission at a public hearing held on August 6, 2001. The purpose of the hearing was to consider a
Special Use Permit to allow the construction of two additional mini storage units and a variance granting
relief from exterior finish requirements of Ordinance 52.22 Subd. 7 (c).
The property is legally described as follows: Lot 003 Block 001 Neu Addition.
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 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).
St. Joseph Code of Ordinances 52.7 Subd. 2(a): 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 City initiated a change in zoning which resulted in additional requirements. The development of the
property has taken over seven years. When the development was initiated the City approved the development
plan and denying the request at this time could create a hardship for the property owner.
Therefore, based on the above findings, the Planning Commission makes the following recommendation
Approve the Special Use Permit allowing the construction of two additional mini storage units and
grant a variance providing relief from the exterior requirements.
Approval is recommended with the following contingency:
The property owner will comply with the exterior requirements for the last building as it will be
adjacent to the road.
The motion was seconded by Utsch and passed unanimously.
Indian Hills Final Plat, DM Building: Dorian Davidson and John Meyer appeared before the Commission
to request approval of the Final Plat for Indian Hills Park. Meyer stated they have agreed to provided the
City with an east/west egress through Lots 1 and 2, Block 1 provided the road connect with 4th Avenue
NE. The property will be dedicated provided that the property owner does not have to pay any
assessments. Further, the agreement to donate the right-of-way will expire after one year, unless the
road is constructed. Weyrens reported that the City Engineer and Attorney are working on compiling the
final documents for the final plat.
Schneider stated that he is opposed to rezoning a parcel of property without a development plan.
Davidson responded that Indian Hills is being developed commercially and at this time there are no
definite plans for development. However, platting the property allows the property to be developed as the
need arises.
Deutz made a motion to recommend the City Council approve the final plat for Indian Hills Park
contingent upon the execution of a Developers Agreement and approval from the City Engineer
and City Attorney. The motion was seconded by Schneider and passed unanimously.
Tim Borresch, Accessory Building Request, 12 - 3`d Avenue NW: Tim Borresch appeared before the
Commission to request authorization to secure a building permit to construct a garage 24' x 84' on the
property located at 12 - 3`d Avenue NW. The property in question is zoned R3 and the request is being
made to allow for the construction of storage space for tenants at 11 & 12 - 3`d Avenue NW.
Utsch questioned Borresch if he discussed the building plans with the neighbors, to which he responded
no. Utsch stated the Ordinance requires that an accessory building in an R3 area compliment the
principal structure. The property contains a single family home with a single car garage and is licensed
for three tenants. Therefore, the property located at 12 - 3`d Avenue NW only requires a three stall
garage. Borresch stated that he is requesting the larger accessory building to keep both his properties
orderly.
Commission members concurred that the proposed building would not fit in the neighborhood. Therefore,
Rassier made a motion authorizing Borresch to make application for a building permit to
construct an accessory building not to exceed 24' x 48'. The motion was seconded by Graeve and
passed unanimously.
Tom Borrresch, Accessory Building, 9 - 17th Avenue SE: Rassier made a motion to table discussion
on the request to construct an accesory building at 9 -17th Avenue SE as the property owner
failed to appear before the Planning Commission. The motion was seconded by Kalinowski and
passed unanimously.
Zoning Recommendations, July 16, 2001 Public Hearing: Utsch stated the Planning Commission will be
discussing the proposed zoning changes based on the testimony received at the July 16, 2001 public
hearing. As the public hearing was closed, the Planning Commission will not accept additional testimony.
Each area will be considered separately with the Commission making a recommendation for each
proposed change.
Area #1-The property located at the NW intersection of County Road 133 and Highway 75.
Proposed change: Industrial to Highway Business.
Rassier stated it is his opinion the property will be developed commercially and should be zoned as such.
Further, Highway Business Zoning is more restrictive than Industrial and includes exterior requirements.
Highway Business is more restrictive than Industrial. Graeve stated that Industrial property allows for
adult entertainment businesses, and the property in question would not be a good site for a use such as
that.
Therefore, Graeve made a motion to recommend the City Council rezone the property located in
the northwest intersection of County Road 133 and County Road 75 to Highway Business. The
motion was seconded by Rassier and passed unanimously.
Area #2 -The property located at 514 East Minnesota Street. Proposed change: R1 Single Family
to R2 Mulitple Family.
Deutz questioned if the property owner has been contacted regarding the proposed change. Weyrens
stated that the property owner was mailed a notice and he did not respond at the public hearing. The
property on both sides is surrounded by R2 Zoning. Graeve stated that at the public hearing residents
questioned why the surrounding property could not be rezoned to R1. Lesnick stated it is her opinion that
the property should remain R1.
Rassier made a motion to recommend the Council rezone the property located at 514 East
Minnesota Street R2; seconded by Kalinowski.
Ayes: Rassier
Nays: Kalinowski, Graeve, Schneider, Utsch, Lesnick, Deutz Motion fails 1:6:0
Area #3 -Kennedy School. Proposed change: Public to Educational and Ecclesiastical (E & E)
Utsch stated that the Planning Commission originally viewed all the educational and religious property
and recommended the zoning be consistent, using E & E. However, upon reviewing the Ordinance
regulating E & E he finds no provision for elementary schools. Kalinowski discussed the intent of E & E
when is was adopted and stated it was to regulate the college/monastery property. The Commission
agreed to research developing a Public land use ordinance.
Kalinowski made a motion to recommend the Council leave the Kennedy School property zoned
Public; seconded by Lesnick and passed unanimously.
Area #4 -The property located adjacent to Highway 75 between College North and Third Avenue
NE. Proposed change: R1 to Highway Business.
Utsch stated he has received calls from residents requesting the property to remain Rl. Even though the
property can continue to be used for single family, residents may have difficulty selling the property with
this intended use. Currently a property sale has been jeopardized due to the rezoning. The mortgage
company would not finance the home because the home could not be rebuilt if destroyed more than 50%.
Graeve stated it is his opinion that the property should remain R1 to avoid developing a second St. Cloud
Division Street. Residential development provides a softer image when visitors are driving through St.
Joseph. Further, he does not want to cause a hardship to any property owner who wishes to sell their
property.
Weyrens stated that the Commission could review different types of transitional zoning and there may a
way to convert the zoning without creating a hardship.
Graeve made a motion to recommend the Council keep the zoning as Rl, Single Family for the
property adjacent to Highway 75 between College Avenue North and Third Avenue NE.
Ayes: Rassier, Graeve, Schneider
Nays: Lesnick, Kalinowski, Utsch, Deutz Motion Failed 3:4:0
Deutz made a motion to table further discussion on the rezoning for the above mentioned
property until additional information on transitional zoning is provided to the Planning
Commission. The motion was seconded by Lesnick and passed unanimously.
,Area #S -Resurrection Lutheran Church. Proposed change: Agricultural and E 8 E.
Lesnick made a motion to leave Resurrection Lutheran Church zoned Agricultural until the City
develops Public Zoning regulations. The motion was seconded by Deutz and passed
unanimously.
Area #6 -The area located between College Avenue South and 4th Avenue SW. Proposed
change: College Avenue South to Chapel Lane - R1 to E 8 E; Chapel Lane to 4th Avenue SW- R1
to R2.
Rassier made a motion to recommend the Council zone the property between College Avenue
South and Chapel Lane as E 8 E; seconded by Graeve and passed unanimously.
Utsch stated that he has received comments regarding changing the zoning to R2 from Chapel Lane to
4`" Avenue NW. Schneider stated that the proposed change looks better on paper and the Planning
Commission should reconsider this area. Kalinowski stated that the Planning Commission should review
the zoning regularly and this may be an area for future consideration. Rassier stated he feels the
property should be rezoned to R2.
Rassier made a motion to recommend the City Council zone the property between Chapel Lane
and 4t" Avenue NW to R2 Multiple Family. The motion was seconded by Deutz.
Ayes: Kalinowski, Deutz, Utsch, Rassier
Nays: Graeve, Schneider, Lesnick Motion Carried 4:3:0
Area #7 -Property north of Old Highway 52. Proposed Change: R2 to R3
Weyrens stated that a portion of the property is already zoned R3 and the change would only affect the
rental units on the western edge. Therefore, Lesnick made a motion to recommend the Council leave
the property as currently zoned, a mix of R2 and R3; seconded by Graeve.
Ayes: Utsch, Kalinowski, Lesnick, Schneider, Graeve, Rassier
Nays: None. Abstain: Deutz Motion Carried 6:0:1
Area #8 -Property located between Clinton Village and the Millstream Monestary house.
Proposed Change: R1 to R3.
Based on the testimony received at the public hearing on July 16, 2001, Lesnick made a motion to
recommend the Council leave the above mentioned property zoned R1 Single Family. The motion
was seconded by Deutz.
Ayes: Utsch, Kalinowski, Lesnick, Schneider, Graeve, Deutz
Nays: Rassier Motion Carried 6:1:0
Minutes: Kalinowski made a motion to table approval of the minutes until the next meeting;
seconded by Lesnick and passed unanimously.
Other Matters: Utsch stated that the Planning Commission should consider meeting twice a month until
the current projects are completed. Weyrens reported that a joint meeting between the City Council,
Planning Commission and Park Board has been scheduled for August 13, 2001 at 7:00 PM. The purpose
of the meeting is to review the proposed subdivision south of Kennedy School.
Adjourn: Lesnick made a motion to adjourn at 10:05 PM; seconded by Deutz and passed
uanimously.
Jody eyrens
dmi istrator Clerk