HomeMy WebLinkAbout2004 [09] Sep 08September 8, 2004
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Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Wednesday, September 8, 2004 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair (Council Liaison) Gary Utsch. Commissioners S. Kathleen Kalinowski, Bob
Loso, Mike Deutz, Marge Lesnick, Jim Graeve. Administrator Judy Weyrens.
Others Present: Jim Odegard.
Approve Agenda: Loso made a motion to approve the agenda; seconded by Kalinwoski and
passed unanimously by those present.
Minutes: Loso made a motion to approve the July 12, 2004 minutes as presented; seconded by
Lesnick.
Ayes: Utsch, Kalinowski, Loso, Lesnick, Graeve
Nays: None Abstain: Deutz Motion Carried 5:0:1
Deutz made a motion to approve the minutes of July 26, 2004 as presented; seconded by
Kalinowkki and passed unanimously by those present.
Lesnick made a motion to approve the minutes of August 2, 2004 with corrections to page 4,
detailing the type of protection that is provided the Sauk River. The motion was seconded by
Kalinowski.
Ayes: Utsch, Kalinowski, Lesnick, Graeve, Deutz
Nays: None Abstain: Loso Motion Carried 5:0:1
Public Hearin4. Interim Use Permit -Jim Odegard: Chair Utsch called the hearing to order 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 located at 736 College Avenue South.
St. Joseph Code of Ordinances 52.27. subd 5 allows for an Interim Use permit as follows: Residential
rental provided the unit is owner occupied and provided the room (s) rented does not contain separate
kitchen facilities and is not intended for use as an independent residence. 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 own a fifty percent (50%) or greater interest in the
property.
Jim Odegard spoke on his own behalf. Odegard stated that his property was recently annexed to the City
of St. Joseph and he was unaware that he needed a rental license if part of his home is rented. Odegard
stated that he originally was a tenant in the lower portion of the home and decided to purchase the home
shortly before the property was annexed. The home functions as a duplex with two separate kitchen
facilities and a common entrance. Odegard stated that the upper unit is rented to three unrelated persons
and he questioned the portion of the Ordinance relating to separate kitchen facilities.
Their being no one present to speak the public hearing was closed.
Loso made a motion recommend the Council approve the Interim Use Permit for Jim Odegard
allowing an owner occupied rental unit at 736 College Avenue South with the following
contingencies:
1. The license will be reviewed annually, verifying Ordinance compliance.
2. The license in non-transferable
3. Approval of the Rental Housing Inspector.
The motion was seconded by Graeve.
Discussion
Lesnick questioned if the home was rented to a family or individuals. Odegard responded that the
tenants include three individuals and at this time he does not wish to reduce the number of tenants.
September 8, 2004
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Deutz questioned that if the property in question is a duplex, was the property assessed accordingly.
Weyrens stated that the City was not aware the property was being used as a duplex, therefore it was
assessed as a single family unit. Weyrens stated that since the property is operating as a duplex the
maximum occupancy will have to be determined by the City Attorney and Rental Housing Inspector.
During the review of the property, the assessment issue will also be addressed.
Graeve questioned if the matter should be tabled until the outstanding issues are resolved. Weyrens
stated that if the Planning Commission agrees with the Interim Use Permit, then the approval can include
the contingency that the maximum occupancy is to be determined by the City Attorney and Building
Official.
Loso agreed to amend the motion to add the following contingency
4. The maximum density will be determined by the City Attorney and Building Official.
Graeve concurred with the amended motion and the motion carried unanimously.
Safeshred -Amended Site Plan: Weyrens reported that Safeshred has submitted a revised site plan
which reduces significantly the landscaping plan. The Planning Commission on August 2, 2004 approved
the site plan for the construction of a 12,000 square foot facility. A requirement of the site plan is a unified
landscaping plan. The builder has indicated that cost of the landscaping plan is prohibitive and has
recommended removing the tree lines on the north and south property lines.
Weyrens stated that the revision will also require EDA approval as the covenants for the St. Joseph
Business Park requires screening of overhead doors and a more extensive landscaping plan. The St.
Joseph Code of Ordinances only requires a unified landscaping plan. Based on that requirement the
revised plan does meet the intent of the Ordinance, but requires approval by the Planning Commission.
After considerable discussion Loso made a motion to accept the revised site plan with the addition
of 8 trees which should be placed on the property as follows: 2 on the north property line, 2 on
the south property line and 4 abutting the parking area. The motion was seconded by Deutz and
passed unanimously by those present.
OTHER MATTERS
Candidate Forum: Graeve announced that the HCP and area civic groups will be hosting a candidate
forum on October 12, 2004. The candidate forum is an opportunity to question the candidates running for
the Mayor and Council positions. The forum will include prepared questions as well as random questions
from those present.
Proposed Amendment to the 62 Zoning District: Deutz stated that he has previously discussed with
Chair Utsch the amending of the B2 Zoning District to allow non-owner occupied rental units. Deutz
stated that the homes along Birch Street are on the market and are too small for individual development.
Therefore, he questioned if their could be a transition period where rental would be allowed. The
Commissioners agreed to consider this request after the R4 Zoning District is completed.
Special Meeting Request: Weyrens stated that Dave Puchalla is requesting a special meeting of the
Planning Commission to consider the construction of a duplex on 2" Avenue NW. The Commission
agreed to meet on September 21, 2004 at 7:00 PM provided the application is complete.
Adjourn: Graeve made a motion to adjourn at 7:40 PM; seconded by Loso and passed
unanimously b se present.
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