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HomeMy WebLinkAbout2003 [07] Jul 077uly 7, 2003 Page 1 of 6 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, July 7, 2003 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair (Council Liaison) Gary Utsch. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Kurt Schneider, Mike Deutz, Bob Loso. Administrator Judy Weyrens. City Representatives Present: Tom Jovanovich, City Attorney. Others Present: Clarence Fischer, Frank Loso, Jane Theisen, Peggy Loso, Connie Bautch, Roger Bautch, Marie Loso, Chuck Loso, Dave Loso, Dan Dobis, Marlys Dobis, Victor Stolpman, Irene Stolpman, Rob Rolling, Ed Kacures Sr., Michael Bader Sr., Michael Bader Jr., Kathy Bader, AI Haus, Dennis Pfannenstein, and Steve Frank. Approve Aaenda: Deutz made a motion to approve agenda with the following changes: 1. Deletion: Approval of minutes 2. Addition: Building Plan consideration - St. Cloud School District The motion was seconded by Kalinowski and passed unanimously by those present. Public Hearing, Interim Use Permit Michael Bader -Owner Occupied Rental in an R-1 Zoning District Chair Utsch opened the public hearing at 7:05 and stated the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental unit in an R-1, Single Family Zoning District. The property is legally described as Lot 13, Park Terrace, according to the plat and survey thereof on file and of record in the Office of the County Recorder in and for the County of Stearns and State of Minnesota located at 101- 5~h Avenue NW. The Interim Use request has been submitted by Michael Bader. Michael Bader Sr. approached the Council on his own behalf. Bader stated that he and his wife are joint owners of the property for his son Michael Bader, Jr. Bader stated that his son is requesting an Interim Use Permit so that he may have additional revenue to meet the mortgage requirements. He further stated that he and his wife are only listed as owners to provide financial assistance to their son. This Interim Use Permit is not intended to disrupt the neighborhood or create a student rental. Utsch clarified that in approving or denying this request, the Planning Commission must adopt findings using the standards for issuing a Special Use Permit. Utsch opened the floor for comments or questions and stated that each person wishing to speak will be allowed three minutes and the public hearing will continue until all those wishing to speak have been heard. Victor Stolpman of 35 - 4fn Avenue NW, approached the Planning Commission stating opposition to the proposed Interim Use Permit. Stolpman stated that he has lived at his residence for 18-years and understands the area is zoned as R-1, Single Family and he does not want to see rental units in the neighborhood. Stolpman stated it is his opinion that rental units are generally identifiable just by the frequent garbage on their premises. Jack Schuh of 31- 5~h Avenue NW, approached the Planning Commission stating opposition to the proposed Interim Use Permit. Schuh stated he would prefer that rental units not be allowed in the neighborhood, but if the application must be approved he requested the Interim Use Permit be issued for one year only on a trial basis. Dennis Pfannenstein of 414 W. Ash Street, approached the Planning Commission stating opposition to the proposed Interim Use Permit. Pfannenstein questioned if the residents would have an impact as to the outcome or is the Interim Use Permit predetermined. Utsch stated that the matter before the Planning Commission is a public hearing and if all the criteria of the Ordinance are meet then the Interim Use Permit would be issued. However, if evidence is provided that the criteria is not met, then the use would be denied. Ed Kacures of 107 - 5"' Avenue NW, approached the Planning Commission in support of the proposed Interim Use Permit. Kacures stated that a rental unit in the Park Terrace neighborhood is new and the residents should give the Interim Use Permit a chance. July 7, 2003 Page 2 of 6 Rob Rolling of 34 - 4th Avenue NW, approached the Planning Commission stating opposition to the proposed Interim Use Permit. Rolling stated that he does not want the neighborhood of Park Terrace to be converted to a rental district. Clarence Fischer of 126 - 6th Avenue NW, approached the Planning Commission and requested the Commission deny the Interim Use Permit as it could start a trend in Park Terrace and Clinton Village. Dan Dobis of 40 - 4th Avenue NW, approached the Planning Commission stating he has lived in St. Joseph for 28-years and is not in support of the Interim Use Permit. Steve Frank of 606 Birch Street W., approached the Planning Commission stating opposition to the proposed Interim Use Permit. Frank requested the Planning Commission review the current Ordinance regulating Interim Use Permits and questioned if the issuance of such is in the long-term health of the neighborhood. As campus housing prices escalate, it may be more economical for parents to jointly own homes with their children while they are attending college. Utsch closed the public hearing at 7:40 PM. Utsch stated the City has not had control over rentals in the past and by following the Interim Use Permit guidelines, it allows the City to have more control. For example: ^ The permit is non-transferable, when the property is sold the Interim Use Permit expires. ^ The permit needs to be renewed annually. ^ If there are Ordinance Violations, the City has the authority to deny the rental license or revoke the Interim Use Permit. Jovanovich clarified that if the petition of an Interim Use Permit meets all criteria of the Ordinance, the Planning Commission must favorably recommend issuance of the Permit. However, the City has authority to place restrictive conditions on the permit. Jovanovich further stated that the integrity of the neighborhood is protected by the revised Ordinance. An owner requesting an Interim Use Permit to allow a rental unit is prohibited from creating a second kitchen facility. The rental unit cannot be used as an independent residence. Deutz questioned if the residents in the Park Terrace neighborhood could be notified if and when the Interim Use Permit would be renewed. Weyrens recommended that the Planning Commission review all Interim Use Permits at the regular July Planning Commission meeting each year. Two weeks prior to the meeting a notice could be placed in the St. Joseph Newsleader identifying which the permits are being reviewed and request public input. Schneider questioned if the City has a policy for documenting complaints. Weyrens stated all complaints are reviewed and procedures are in place depending on the nature of the complaint. Deutz made a motion adopting Resolution of Finding PC2003-_ recommending the Council approve the Interim Use Permit of Michael Bader to allow an owner occupied rental unit in an R-1 Zoning District. Approval is contingent upon the following: 1. The rental license is non-transferable and if the property is sold or the ownership changes so that the aforementioned no longer owns 50% or greater interest in the property, the Interim Use Permits is null and void; 2. Approval of the Rental Housing Inspector; 3. The Planning Commission will review the Interim Use Permit annually. If the property is in violation of the St. Joseph Code of Ordinances during the rental license year, the Interim Use Permit may be invalidated. The motion was seconded by S. Kalinowski. 7uly 7, 2003 Page 3 of 6 Ayes: Utsch, Deutz, S. Kalinowski, Schneider, Lesnick Nayes: Loso Abstain: None Motion Carried: 5:1:0 Planning Commissioner, Bob Loso stepped down at 7:30 p.m Marie Loso, reauest to construct a new home in a General Business Zoning District Weyrens presented the Commission with a request from Marie Loso of 118 -15 Avenue Northwest. Loso is requesting authorization to demolish the existing house and construct a new home in a General Business Zoning District. The existing house is considered anon-conforming use and as such the house cannot be enlarged or reconstructed. Weyrens stated that she has met with Marie Loso and family members regarding this matter and informed them that a Variance or Special Use Permit is not applicable. Loso is requesting the Planning Commission determine whether or not a public hearing can be scheduled to issue a Special Use Permit or grant a variance to allow the construction of a new home. Weyrens referred the Planning Commission to a letter prepared by the City Attorney whereby he states that the Planning Commission does not have the authority to issue a Special use Permit or grant a Variance to expand or create a new non-conforming use. City Attorney Tom Jovanovich summarized that the issue before the Planning Commission at this time is a situation where there are many residential homes in an area that has been rezoned commercial, creating non-conforming uses. The Ordinance allows non-conforming uses to continue indefinitely, but there are significant limitations: ^ The homeowner cannot rebuild. ^ The homeowner can add to the use, but it cannot be more than 20% of the existing main floor area. Jovanovich reported that the purpose of the non-conforming use is to phase out a use over time. The Ordinance tries to balance competing interests, one interest is the City, where the City wants to have the area transformed into commercial and the second is the City does not want to hurt the existing homeowner. Therefore an existing use is allowed to continue indefinitely. Jovanovich also stated that if a section of the general business zoning district is to be considered for rezoning to a residential area, the following must happen: ^ The Comprehensive Plan must be changed to develop a portion of the general business district as residential in the future. ^ The Planning Commission must conduct a public hearing Weyrens also reported that if the Planning Commission is inclined to rezone a portion of the B-1 Zoning District, a public hearing would be required and the following fees would apply: ^ Zoning Amendment - $250 ^ Comprehensive Plan Amendment - $500 Chuck Loso approached the Planning Commission on behalf of his mother Marie Loso. He stated that his mother does not drive and her property is located centrally where she can walk to the destinations she needs. Loso stated in his opinion his mother is being denied the right to use her property. While he understands the need to plan for the future, the family is willing is sign an agreement whereby the new home will be moved when his mother no longer resides at the residence. Loso stated that his mother is simply requesting to continue to use her property as a dwelling unit. Loso presented the Commission with signatures from adjoining property owners in support of his mother demolishing the existing home and constructing a new home. Loso further stated that it is his understanding that when the existing home was moved to the property, their was an agreement between the City of St. Joseph and his great grandfather that a new home could be built on the property. Jovanovich recommend the family review the abstract and if it contains such a provision they should provide a copy to the City Administrator for review. ]uly 7, 2003 Page4of6 Schneider recommended the family consider building a commercial building with a dwelling unit attached, as that is a permissible use in the General Business District. Roger Bautch questioned the logistics if they build a multiple use building and then change their mind after the building is completed. Weyrens stated that a building plan must be submitted at the time of application for a building permit and a specific business use must be presented. Furthermore, even if the commercial portion of the building were to remain vacant, the property will be taxed at the higher tax rate. Utsch made a motion to deny the request for a public hearing to consider a Variance or Special Use Permit based on the following finding: St. Joseph Code of Ordinances 52.07 Subd. 2: Variances. Administration: A variance may not be granted to allow a property owner to deviate from the specific development standards applicable to a particular district. A variance shall not be granted to allow a use that is not otherwise permitted in the district involved. The motion was seconded by Deutz. Ayes: Utsch, S. Kalinowski, Lesnick, Deutz, Schneider Nays: None Motion Carried: 5:0:0 Planning Commissioner, Bob Loso resumed his chair at 8:05 p.m. Concept Plan -Victor Aho: Weyrens reported the City Council on July 2, 2003 authorized annexation of 23-acres known as Morningside Acres. The property is located adjacent to the St. Joseph Township Hall and the developer, Victor Aho, is requesting to construct patio homes. Weyrens stated that the developer has been informed about the requirement for affordable housing and that staging of the development may be necessary due to lack of infrastructure. Before a developer can precede to the Preliminary Plat process, a concept plan must be provided to the Commission. At this time Aho is presenting three development alternatives. Weyrens stated in reviewing the concept plans it does not appear that the development meets the criteria for PUD Development. The concept plans presented by Aho indicate reduced frontages and lot sizes. Weyren clarified that the PUD process should not be approved if the intent is to avoid residential zoning requirements. Victor Aho owner of Aho Homes, Inc. spoke on his own behalf. Aho stated that while he has presented the Planning Commission with three alternative development plans, the preferred development is a gated community for senior citizens. The development plan would provide affordable senior housing that is secure and private and the housing would consist of patio homes, 6 plexes and a community room. Schneider stated that he supports the idea of senior housing, but would like an assurance that if the development is approved it will be senior housing. Too often the City is presented with a concept and then shortly before construction the plans change. Jim Christianson, business partner spoke on behalf of the proposed development. Christianson stated that he is working with Aho to develop the senior housing development and is the process of securing Federal funding under the long-term care program. The government is looking for pilot projects on different ways on dealing with senior housing. Aho's particular project will have covenants and age guidelines starting at the age of 55-years old. Christianson reported that all of the homes will be hard wired to the commons area so they have a venue screen in which they can purchase services. Examples of services include: house cleaning, grocery shopping, transportation for medical appointments, pickup medications, etc. The community room will also provide space for physical and occupational therapy. Christianson stated he is aware that the City does not allow private roads. However, when constructing a senior facility it is important to provide security for the residents. A secured site would allow residents suffering from Alzheimer's to walk outdoors without being at risk for getting lost. Boundaries would be established and staff and residents would know who is coming and going. Christianson stated that before he can apply for federal funding, he must have concept approval from the City. ]uly 7, 2003 Page 5 of 6 Deutz questioned Jovanovich how the restrictions on private roads affects the gated-community. Jovanovich stated he is not aware that the City Ordinance allows gated-communities and if it were to be a public road, it cannot be gated as then it would not be public. Jovanovich stated that before the Planning Commission could make a recommendation more information is required. The City is not opposed to a new type of housing, but a detailed concept plan must be submitted. Weyrens stated the major opposition to the construction of private roads is the continued maintenance and snow removal. Typically a developer requesting private roads does not provide the City standard ROW of 66'. The problem arises when at some point in the future the development/association decides they no longer care to maintain the roads and request that the City take over the maintenance, repair and snow removal. Weyrens questioned how the association will assure that adequate funding is available for repair, maintenance and snow removal. Christianson stated that the association will be structured so that funds will be available. Utsch concurred with Schneider that some assurance must be provided, that if the private roads and gated community are approved at the concept level, any change in the concept would required the developer to re-submit the preliminary plat staring with a new concept plan. When questioned as to the time frame before a full concept will be available, Christianson stated that he could be prepared for the September meeting. The Planning Commission agreed to consider the senior community concept when additional detail is available and encouraged Aho and Christianson to proceed. Ordinance Amendment - Firina Ranaes: Weyrens presented the Planning Commission with a proposed Ordinance Amendment to the Industrial Zoning District. The recent passage of the Conceal and Carry Law has created a need for firing ranges to accommodate the mandatory training for carrying a concealed weapon. Currently the Ordinance does not allow firing ranges and the City has been approached to allow the construction of such. Weyrens stated that at a recent staff meeting, it was the consensus of the staff to request the Planning Commission amend the Special Use portion of the Industrial Zoning District to allow for firing ranges. Therefore, included in the meeting material is a proposed Ordinance Amendment. Jovanovich clarified that as a result of the Conceal and Carry Law, all persons carrying a concealed weapon must complete training every four years, creating a need for indoor and outdoor firing ranges. At the same time the Conceal and Carry Law was passed, their was a bill to prohibit local governments from regulating fire ranges. The bill did not pass during the 2003 session but it is anticipated that it will be re- addressed in the 2004 session. It is the recommendation of the League of Minnesota Cities that municipalities should be proactive and adopt regulations before the 2004 session. Firing range controls approved before legislature prohibits focal control, will be allowed to continue. Therefore, if a City does not pass an Ordinance regarding the regulation before the Legislature limits control, an Ordinance cannot be adopted. Jovanovich recommends the City amend the Ordinance by putting significant restrictions as to where fire ranges can be located and how they will be built in terms of protecting the public from noise and danger. Deutz agreed that the Ordinance should be amended to provide for firing ranges, but questioned the proposed amendment whereby ammunition cannot be stored on the premises when the range is closed for business. Deutz stated that the Amoco Bait & Tackle is licensed to sell and store ammunition at its facility, so why would a firing range be different. Weyrens stated she will do further research regarding storage of ammunition and firearms. Independent School District 742 -Kennedy Elementary Temporary Expansion: Weyrens reported that Kennedy Elementary (District 742) is requesting authorization to secure a building permit to construct temporary classrooms at Kennedy Elementary School. District 742 is in the process of re-structuring and has added 5th and 6th grade to Kennedy The addition of two grades will create a space shortage at the current facility and until a permanent structure can be constructed, District 72 is requesting to place two modular classrooms on the site. Weyrens clarified that the property in question is zoned Educational and Ecclesiastical. In reviewing the Ordinance requirements, the plan submitted by District 742 meets all the setback and lot coverage requirements. Further, the Public Works Director has been consulted and the proposed addition will not create drainage issues. ]uly 7, 2003 Page 6 of 6 Al Haus of Independent School District 742, approached the Planning Commission stating they have decided to utilize two 24'x72' portable enclosure with metal exterior that will accommodate two classrooms. This enclosure will be used on a temporary basis for three to four years. Upon completion of this lease, an addition to Kennedy Elementary will probably ensue. Loso made authorizing Independent School District 742 to make application for a building permit to construct two 24'x72' custom modular classroom to alleviate the overcrowding at Kennedy Elementary School. The buildings will be maintained no longer than July 7, 2008. The motion was seconded by Deutz and passed unanimously by those present. Meeting -Preparation for Public Hearings: It was consensus to meet on July 21, 2003 at 7:00 p.m. to review proposed amendments to the St. Joseph Code of Ordinances. Adiourn: Loso made a motion to adjourn at 9:00 PM; seconded by Lesnick and passed unanimously by those present. Jud Weyrens Administrator