Loading...
HomeMy WebLinkAbout2006 [04] Apr 03April 3, 2006 Page 1 of 5 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, April 3, 2006 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Gary Utsch. Commissioners: S. Kathleen Kalinowski, Marge Lesnick, Jim Graeve, AI Rassier, Mike Deutz. City Administrator Judy Weyrens. City Representatives Present: City Engineer Tracy Ekola Others Present: Bud Reber, Dennis Stueve, Ethel Backes, Lynn Keller, Heidi Benkowski, Nelda Dehn, Ken Twit, Tim Erkkila, Tom Herzog, Dianne Herzog, Ryan Gideon, Becky Staneart, Patrick Conway Agenda: Deutz made a motion to approve the agenda; seconded by Graeve and passed unanimously. Public Hearina -Interim Use Permit. 35 - 2nd Avenue SE: Utsch called the hearing to order and stated that the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental in an R-1 Single Family zoning district. The property is legally described as Lot 8 Block 2, Loso's 2nd Addition, 35 - 2"d Avenue NE. Patrick Conway has submitted the request for Interim Use. Patrick Conway approached the Commissioner speaking on his own behalf. Conway stated that when he purchased the home he was unaware the City regulated rental unit property. In order for the payments to be manageable he stated that four (4) tenants would be required. He currently has signed leases through May of 2007 with four persons. Bud Reber, 118 - 2"d Avenue SE, approached the Commissioners speaking in opposition of the proposed Interim Use Permit. Reber stated that 2"d Avenue SE is one of the older neighborhoods in St. Joseph and is very quiet. He stated that as a former Mayor and Councilor he is familiar with the conflict that can arise in residential neighborhoods when property is converted to rental. Therefore he recommends denial of the Interim Use Permit. Monica Cofell, 24 - 2"d Avenue SE, spoke in opposition to the request for Interim Use Permit. According to Cofell, if a person is old enough to buy a house, then they should know all of the rules associated with the same. She also stated that the aforementioned residence has had many parties earlier this year. Cofell stated it is her opinion that the City grants too Interim Use permits making it difficult to track them. Becky Staneart, 31- 2"d Avenue SE, approached the Commissioners stating that she lives adjacent to the property in question and she has not experienced any problems. However, Staneart stated that she is concerned if the property is converted to rental property long-term. As she walks around St. Joseph she can tell by the outside appearance if the property is rental. Therefore, Staneart requested that if a rental license is permitted, it be for the short-term. Dennis Stueve, 111 E Able Street, also approached the commissioners; however, he stated that he is not against this property being a rental. He stated that he is; however, concerned with the fence around the property and the appearance of the yard. Ken Twit, 213 E Able Street, questioned the Commissioners as to how the City found that this was a rental property. He stated that this property had been in violation for a while and recommended the Interim Use Permit be denied. Weyrens presented the Commission with a written objection from Mary Stamps, 200 Minnesota Street East. Stamps requested that before making a decision, the Commission should determine the affect on the neighborhood. She further requested that the Commission recommend the City Council deny the request. There being no one further to testify, the public hearing was closed at 7:15 PM April 3, 2006 Page2of5 Utsch stated that he would like to address some of the concerns expressed during the public hearing. 1. The City amended the R1, Single Family Zoning classification in the year 2000. The revised Ordinance requires property owners to apply for an Interim Use Permit if any part of the dwelling is to be used for rental purposes. This provision allows the City to address neighbor concerns regarding Ordinance violations will the ability to suspend a license for such violations. In addition, the Interim Use Permits are reviewed annually and adjoining property owners have the ability to provide input rental license. 2. One of the largest hurdles in the enforcement of the Rental Ordinance is education. Homes are sold and the property owner is not aware of the rental restrictions in St. Joseph. While some realtors are aware of this provision, others are not. Utsch stated that the property at 35 - 2"d Avenue SE has been in non-compliance since the beginning of the school year. Weyrens stated that although the property is currently violating the Ordinance, the Planning Commission must have facts of finding to deny the request. The Ordinance provides for Owner Occupied Rental and if the property meets the requirements the permit must be issued. Utsch advised those present that if they have a problem with a property, which has an Interim Use Permit, they should file something in writing to the City Offices. Currently, there are 8 Interim Use Permits in the City and there have been no complaints on any of those properties. He stated that those with Interim Use Permits take care of their property, as they are living there and building equity. Rassier made a motion to recommend the Council issue an Interim Use Permit to Patrick Conway, 25 - 2"d Avenue SE contingent upon the following: 1. The rental license in non-transferable and if the property is sold or the ownership changes so that the aforementioned no longer owns a 50% or greater interest in the property the Interim Use Permit is null and void. 2. Approval of the Rental Housing Inspector 3. The Planning Commission will review the license annually and revoke the license if the property is in violation of the St. Joseph Code of Ordinances. 4. The City Office will place a notice in the St. Joseph Newsleader when the owner occupied rental licenses are reviewed and will accept public comments. The motion was seconded by Deutz. Discussion: Weyrens and Deutz re-stated that all Interim Use Permits come up for renewal in July and residents are encouraged to provide input to the Planning Commission during the consideration of renewal. The motion passed unanimously. Previously, it was stated that Conway planned to have his current tenants remain at the residence through graduation of 2007. Rassier questioned if all of the tenants had signed leases. Conway stated that 3 of the 4 renters have signed leases and, as a result, he is asking for the City to allow 3 renters in addition to himself to stay in the house through graduation. Graeve made a motion to add a fifth contingency to the approval and require the property to be in compliance with the maximum occupancy requirement no later than June 1, 2006. That is, the maximum occupancy for 35 - 2"d Avenue SE is 2 persons excluding the property owner. The motion was seconded by Kalinowski and passed unanimously. Public Hearing -Graceview Estates PUD Amendment: Utsch opened the public hearing and stated that the purpose of the hearing is to consider an amendment to the Planned Unit Development entitled Graceview Estates. The proposed amendment would change one piece of trail between Elena Lane and 4'h Avenue SE. April 3, 2006 Page 3 of 5 The request for PUD Amendment was submitted by Pond View Ridge LLP. Bob Herges, Pond View Ridge LLP, approached the commissioners as the developer. He stated that they are requesting to delete the portion of the trail to the west of 4th Avenue SE along Elena Lane and add a section of trail to the East extending south along Elena Lane to allow for future development. This would allow for the trail to connect to the trail in Kleinfelter Park rather than end at the end of Elena Lane. Herges stated that the original trail plan did not show a connection between Graceview 1 & 2; however, that piece of trail was added by the developer. Nelda Dehn, 508 Elena Lane, approached the commissioners questioning how the trail will affect her property. Herges advised Dehn that the trail would extend along Elena Lane in front of her property; however, it will be on the property of the neighbor on the south side of the street. Heidi Benkowski, 418 Elena Lane, also approached the commissioners stating that she is not in favor of the proposed trail extending west along Elena Lane. She stated that when they moved to St. Joseph from the Cities, they were unaware of this potential trail in their yard until a walk through with Herges prior to closing. She stated that she was frustrated, as her realtor did not make her aware of the proposed trail. Herges stated that he discloses that information to all of the local realtors and he is unsure as to why her realtor didn't disclose that information. Benkowski also stated that she does not want Field Street in her backyard as well as a trail going through her front yard. Their being not further one wishing to testify, the public hearing was closed at 7:50 PM. Lesnick stated that the PUD Amendment had been approved at the Park Board Meeting. She stated that all of these issues were brought up and that many of the residents were present at the meeting. The trail system in Graceview is part of their park dedication fees. Graeve questioned whether or not the amendment to the trail would benefit the City, to which Weyrens stated it would. Rassier made a motion to recommend that the City Council approve the PUD Amendment to the trail plan as presented. The motion was seconded by Lesnick and passed unanimously. Weyrens added that this item will also be placed on the Agenda for City Council approval on April 20th Public Hearing - MN Land Development Group -PUD/Preliminary Plat Rezoning R1 & R4: Utsch stated that the purpose of the hearing was to consider rezoning a portion of the property adjacent to CR 133, abutting Northland Heights as R4, Townhouse-Patio Home Residential, consider a PUD and consider a preliminary plat for a development to be called Crescent Hill. The request had been submitted by Minnesota Land Development Group. Previously, the Developer had indicated that they planned to construct housing styles consistent with the R4 Zoning District; however, after discussion with the Developer's Engineer, it was discovered that they were going to construct traditional R1 homes along with the twin homes. The reason for the change was due to the topography and site conditions of the property. Tim Erkkila, Westwood Professionals, was present at the meeting to represent MN Land Development Group. Erkkila gave a brief overview of the project. He stated that it is a wooded area located between the single- family portion of Northland Heights and the Salvage Yard located along CR 133. Signature Homes plan to construct two different housing styles, a mix of Townhomes and Single-Family homes. He also mentioned that they have decreased the number of single-family homes to 70. According to Erkkila, there are no cul- de-sacs or wetlands in the development. They are looking to have this site considered as a PUD. Erkkila advised the commissioners that the average lot size is greater than 11,000 square feet. Although the lots do not meet the required width, they are deeper to make up for the square footage. The extra deep lots give them an opportunity to preserve more trees. Less than 20% of the homes will be multi-family. April 3, 2006 Page 4 of 5 Joe Prom, owner of the Salvage Yard approached the commissioners with some questions regarding the proposed development entitled Crescent Hill. The developer stated that they plan to keep a 50' deep tree line; however, Prom questioned whether or not there would be any other screening. Ryan Gideon, Westwood, also approached the commissioners stating that they plan to replant some spruce trees as well. He stated that there is a lot of topography on this piece of property. Prom also questioned where the water would go. Erkkila stated that they will have roof gutters on the backs of the houses and then the water will drain to the storm sewers. Tom Herzog, property owner adjacent to the Koenig Site approached the commissioners with some concerns as well. He stated that he is concerned with the water as well as the tree lines and the lot line. Gideon advised Herzog that currently he has buildings on a portion of the Koenig Property. Most likely, he stated that the property would be deeded to him. He also mentioned that the water will drain to the holding ponds along 15th Avenue. There being no one further wishing to testify the public hearing was closed at 8:15. City Engineer Tracy Ekola stated that she had sent some comments to Westwood of which some have been addressed. She then provided the commissioners with some clarification of the outstanding issues. ^ Provide turn lanes at intersection of 15th Avenue and CR 133. Turn lane construction shall be coordinated with Stearns County Highway Department. City will work with Northland Heights Developer during Northland Heights Phase 2 development to provide a cost reimbursement based on contributing traffic from each development (Northland Heights Phase 2 and Crescent Hill) for turn lane construction. Ekola stated that the Developer had met with the County Engineer and they have come to an agreement. A letter from the Highway Department will be coming. ^ Only one ingress/egress to the development (via 15th Avenue) is provided with this subdivision plan. Additional access will be provided by September 30, 2008, per the Northland Heights Development Agreement (to be provided by extending 15th Avenue to the north by the Northland Heights Development Project). Ekola advised the commissioners that the proposed Hawthorne lane may need to be deleted and possibly have a walkway easement added. ^ The garage floor elevation of all structures shall be a minimum of 12" and a maximum of 36" above the grade of the crown of the street, which the lot fronts. According to the Developer's Engineer, Ekola advised the commissioners that there are some driveways that are in excess of 36". She stated that 2-7 or 8% would be an acceptable grade. ^ Grading and drainage in the CSAH 133 ROW shall be coordinated with Stearns County Highway Department. Evaluate increased runoff volume and erosion/damage potential on areas downstream. City Pond Design Standards require volume control for areas where increased volume is more likely to cause damage downstream. The volume rate in the county ditch is approximately tripled from existing conditions to proposed design. Downstream conditions should be reviewed with the Public Works Department, City Engineer, and the County Engineer during final design to ensure no damage is caused by this increase in volume. Ekola stated that she would like the developer to have their engineer look at the holding pond located to the west of CR 133 and the impact of the increased volume on that pond. ^ Storm water drainage from future roofs and yards on Block 4 will flow toward the salvage yard property. Provide additional grading to minimize the extent of the runoff in this direction or provide roof drains to allow runoff from Block 4 to be routed to the street storm sewer. Yard drainage may April 3, 2006 Page 5 of 5 be allowed to continue to flow toward the property line as long as runoff does not exceed predevelopment rates. Rassier questioned whether or not backyard swales could be used for drainage. Ekola stated that more trees would need to be taken away to allow for swales. ^ Submit preliminary plat to the Sauk River Watershed District. According to Ekola, this area is in the Sauk River Watershed District and, as a result, she has asked them to review the plans. Utsch expressed his concern with the 60' lots. He stated that there are 13 lots under 60' wide and not all lots meet the required 11,000 square foot. He questioned what size house could be built on a lot 53' wide. Deutz mentioned; however, that the minimum lot size for twin homes is 12,000 sq. ft and these lots are 18,000 sq. ft. According to Lesnick, this development has some of the same issues as Northland Heights. Weyrens agreed; however, she stated that in this case they plan to meet all setback requirements. Erkkila advised the commissioners that all lots meet the 60' width at the building setback line and the average lot size is greater than 11,000 sq. ft. According to Erkkila, the house designs have not yet been determined. Graeve addressed the issue of tree preservation. He stated that this area would best be suited for a park rather than a development. Erkkila advised the commissioners that they have met with the Park Board and the Park Board did not request any land as parkland. Graeve also questioned whether or not they checked the soil to which Gideon replied they had. He stated that there are a lot of large boulders in the soil. The biggest concern for Utsch was the width of the lots. He stated that he does not want to see any lots narrower than 75', which is required by Ordinance, unless there is going to be affordable housing on those lots. Lesnick agreed that the lots needed to be larger, as she feels that this will be too congested. Deutz questioned the lack of a trail system. According to Weyrens, they will pay a park dedication fee as well as connect to the sidewalk on Iris Lane and Hawthorne as well as possibly creating an access to the Wobegon Trail in the future. Ekola also added that trail would be required along Honeylocust and Hawthorne. The biggest issue seemed to be the width of the single-family lots. Erkkila stated that, since this piece of property is unique, narrow lots are the only solution to platting the property. Gideon added that changing the lot widths changes the entire plan. Rassier suggested deleting one lot from each block and adding a few feet to each lot. With drainage as another issue, Erkkila stated that there may potentially be less drainage when this property is developed that what currently drains there. Weyrens stated that the reason that the plan for Crescent Hill is being reviewed is because it does meet the overall density requirements and they are not requesting any variances for setbacks. She also stated that to change the trail, MN Land Development Group will need to work with Lumber One. Rassier re-stated that he is most concerned with the lot widths being less than 60'. He also stated that he would like to see the proposed housing styles for this development. Deutz made a motion to table the PUD and Preliminary Plat until information is received from the engineers. The motion was seconded by Rassier and passed unanimously. Adjourn: Deutz m e a motion to adjourn at 9:10 PM; seconded by Lesnick and passed unanimously. Adm nistrator