Loading...
HomeMy WebLinkAbout2006 [09] Sep 05September 5, 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, September 5, 2006 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Gary Utsch. Commissioners: S. Kathleen Kalinowski, Marge Lesnick, Bob Loso, AI Rassier City Administrator Judy Weyrens. Others Present: Katie Kalkman, John Kalkman, Nettie Pfannenstein, Robert Pfannenstein, Roger Beuning, Crystal Heller, Jen Miller, Ben Drewes, Timm Smith, Tracy Smith, Connie Ziegler Agenda: Lesnick made a motion to approve the agenda with the following change: Delete (8) Development Review -Sisters of the Order of St. Benedict Construction of Hermitages To be discussed at the October 3, 2006 meeting The motion was seconded by Kalinowski and passed unanimously Minutes: Kalinowski made a motion to approve the minutes of August 17; seconded by Rassier and passed unanimously. Public Hearing -Interim Use Permit. Kathryn Kalkman: Utsch called the public hearing to order and stated that the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental unit in a R1, Single Family Zoning District. The property is located at 209 Minnesota Street E. 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 that rooms rented does not contain separated 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 must owner a fifty percent (50%) or greater interest in the property. Kathryn Kalkman, 209 E Minnesota Street, St. Joseph submitted the request for Interim Use. Katie (Kathryn) Kalkman approached the Commissioners and stated that she lives at 209 E Minnesota Street and is requesting to continue the current Interim Use Permit that allows the property to be managed as an owner occupied rental unit. Chair Utsch opened the public hearing. Nettie Pfannenstein, 208 E Ash Street, approached the commissioners to read a letter from Dick and Joyce Stock in opposition to the request for an Interim Use Permit, as they were unable to attend the hearing. Pfannenstein also spoke in opposition to the request on her behalf. She stated that she lives behind the Kalkman residence and, although she has no complaints regarding noise or poor upkeep of the residence, she has some questions that she would like clarification on. They are as follows: ^ Is Katie Kalkman still a student at the College of St. Benedict? If so, when does she graduate? ^ How many years will the permit be valid if approved? ^ Will the sister remain living there and does she own 50% or more interest in the home? ^ How many are allowed in the house? How does the City enforce the number of people living there based on the definition of "family" as noted in the Ordinance? Pfannenstein stated that she has visited with these residents and there appear to be 4 people living in the house including Katie, her sister and two unrelated female tenants. She also questioned the young man who appears to be living at the house as well and whether or not there are actually 5 people residing in the house. September 5, 2006 Page 2 of 5 Roger Beuning, 120 E Minnesota Street, also approached the commissioners in opposition to the request. He stated that the neighbors are invited to these meetings to state their concerns with issues like these and yet, the City does not listen to them. He questioned why she needs to re-new the license at this time. As no one further requested to speak, the hearing was closed at 7:15 PM. Weyrens advised the commissioners that Kalkman previously held an Interim Use Permit for her property at 209 E Minnesota Street; however, when she originally applied for the permit, she stated that she only needed it for three years. As a result, the permit was issued with a sunset of 2006. She is now requesting to extend her Interim Use Permit. Loso verified that these permits are reviewed annually to determine whether or not they still meet the required criteria for the permit. Kalkman stated that she does indeed live at the home; however she works at an apartment building in Bartell. She stated that her sister, who graduates in December, lives with her along with two other roomates. Utsch stated that there was only one complaint at this residence during the past three years. He also advised Kalkman that they couldn't block the sidewalks with cars. Kalinowski questioned how long she is requesting this permit for. Kalkman stated that they are only requesting a permit for a year at this time. After commissioner discussion, Utsch advised Kalkman that if there were a change of ownership, the permit would be terminated. He also stated that the owner must occupy the residence. According to Utsch, this house has not yet had a rental inspection for 2007. Kalinowski made a motion to accept the resolution of findings to approve the Interim Use Permit for Kathryn Kalkman at 209 Minnesota Street E for a period of 1-year contingent upon an inspection by the City rental inspector. The motion was seconded by Loso and passed unanimously. Public Hearin4 -Variance, Jennifer Miller: Utsch called the Public Hearing to order and stated that the purpose of the hearing is to consider a variance to allow an owner to construct a handicap accessible ramp encroaching on the current setback. The property is zoned B2, Highway Business and is located at 307 College Avenue N. St Joseph Code of Ordinances 52.32, subd. 6: c.) Front Yard. Setback shall be twenty (20) feet from the lot line. d.) Side Yard. Setback shall be ten (10) feet from the lot line. If the property's side yard is adjacent to County State Aid Highway 75, the setback shall conform to Subd. 5 (a) of this Section. Jennifer Miller, 307 College Avenue N, St. Joseph submitted the request. Timm Smith, Daisy A Day Floral, 219 E Cedar Street, approached the commissioners and stated that they are requesting a variance on the front and side yard setback so that they can convert the existing single family home to a floral shop. No one present wished to speak and the pubic portion of the hearing was closed at 7:35 PM. Utsch advised the commissioners that the ramp would start on the north side of the building along Date Street and wrap around to the side facing College Avenue. Rassier questioned where they would have parking available. Weyrens stated that they will provide parking between the house and the garage and additional parking will be available on the street. Utsch reminded the commissioners that only the variance is being discussed at this time. Smith stated that they have been working with the Building Official to construct a covered porch. Due to constraints, the porch cannot be screened. September 5, 2006 Page 3 of 5 Loso made a motion to accept the resolution of findings recommending the Council approve a 14' variance to allow for a covered accessible entrance pad as requested. The motion was seconded by Lesnick and passed unanimously. Public Hearing -Ordinance Amendment. Indoor Recreational Use: Utsch called the Public Hearing to order and stated that the purpose of the hearing is to consider an amendment of the Industrial Zoning District, adding a provision for recreational use. Weyrens stated that the current City Ordinance does not have a provision to allow recreation activities in an Industrial Zoning District. Depending on the type of recreation, the use could be compatible with Industrial Uses. Weyrens proposed the amendment include the following: 1. There shall be no outside recreational items, all recreation must be contained within the building. 2. A limit on the hours to include a reasonable closing time. The hearing was opened to the public and closed at 7:40 PM, as there was no one present who wished to speak. Utsch stated that he concurs with the proposed amendment, as some recreational uses would be compatible with the current Industrial Park. Kalinowski agreed and stated that limiting the hours to 10:00 PM would seem reasonable closing time for a recreational use. Rassier, on the other hand, stated that he does not think that recreational facilities belong in the Industrial Park. Loso stated that allowing recreational uses by Special Use Permits gives the Planning authority as to what type of business is allowed. Weyrens suggested that the amendment read as follows: g. Indoor Recreation to include gymnasiums and health/fitness clubs, provided that the petitioner provides evidence that the proposed use is consistent with St. Joseph Code of Ordinances 52.07 Subd. 3. Loso made a motion to approve the proposed amendment as follows: g. Indoor Recreation to include gymnasiums and health/fitness clubs, provided that the petitioner provides evidence that the proposed use is consistent with St. Joseph Code of Ordinances 52.07 Subd. 3. The motion was seconded by Kalinowski and passed unanimously. Public Hearing -Special Use Permit. Crystal Heller: Utsch opened the hearing by stating that the purpose of the hearing is to consider a special use permit to allow an indoor recreational facility in an Industrial Zoning District. The property is legally described as Lot 3 Block 1 Buettner Business Park 2. Crystal Heller, 1002 Brook Court, Sauk Rapids submitted the request for special use. Crystal Heller approached the Commissioners to give a brief summary Bounce Depot Inc. Heller stated Bounce Depot Inc. provides an interactive inflatable fun center. Generally, this facility would be used for parties; however there will be some open playtime as well. According to Heller, two parties may be booked simultaneously as one could be in the bounce arena while the other is using the party room. The groups are allowed 1 hour in the bounce arena and 45 minutes in the party room. Heller stated that pizza and cake could be catered in if requested. The proposed hours are as follows: Tuesday -Thursday Noon - 8:00 PM Friday -Saturday Noon -10:00 PM Sunday Noon - 8:00 PM The hearing was closed at 7:55 PM, as there was no one present who wished to speak. September 5, 2006 Page 4 of 5 There were several questions raised by the Commissioners. ^ Weyrens questioned the target age for those who will use the facility. Heller stated that the children would most likely be between the ages of 4 and 12. ^ Loso raised the question as to how many children can be in each group. According to Heller, there are 10 children allowed in each group. ^ Lesnick also raised the question as to whether or not beverages will be available for the children to which Heller stated there would be a vending machine and a drinking fountain available. ^ There were several questions raised by the commissioners as to whether or not there will be a lot of traffic as a result of the facility. Heller stated that many of the children would arrive in groups, as they will be there for a party. Most of these parties will occur on evenings and weekends and since most of the children are not of driving age, traffic will not be a problem. Rassier questioned whether or not they meet the site requirements to which Weyrens stated that the parking at the facility is adequate. ^ Heller stated that there would be public playtime offered for 2 hours/day. She also stated that there are only 25 people allowed in the party rooms at one time and 25 in the bounce arena at one given time. ^ Rassier questioned the number of employees to which Heller stated there would be 5 others beside herself. ^ In reference to the building, Loso questioned how long they would be leasing the space for. Heller explained that they have signed a 5-year lease. Loso suggested that the Special Use Permit be reviewed annually to determine compatibility with the neighboring businesses. Loso made a motion to accept the findings of fact with the additional contingency that the permit be reviewed annually and recommend that the Council approve the Special Use Permit to allow an Indoor Recreation Use in an Industrial Zoning District. The motion was seconded by Kalinowski and passed unanimously. Sign Ordinance: Previously, the Commissioners have been provided information from the City Attorney that discussed the existing Sign Ordinance and potential liability. Based on information from the City Attorney, sign companies are requesting applications for signs in high traffic areas and if they are denied, they file a suite against the City. Based on a recommendation of the League of Minnesota Cities, the City Attorney is recommending a moratorium on signs so that the current Ordinance can be reviewed and updated. Loso made a motion to accept the recommendation of the City Attorney and request the City Council place a moratorium on signs. The moratorium will expire on December 31 or whenever the revised Ordinance is adopted, which ever comes first. The Planning Commission also reserves the right to extend the Moratorium if the City Attorney needs additional time. The motion was seconded by Lesnick and passed unanimously. Interim Use Permits: Previously, the Planning Commission reviewed the renewal Interim Use Permits. At that time the Permits for Linda Hutchison and Patrick Conway were not ready for approval. The Planning Commission recommended approval contingent upon completing the rental license process. Rental Housing Inspector Utsch gave the following report from a rental housing perspective. 1. Linda Hutchinson ^ No previous violations ^ Inspection passed 2. Patrick Conway ^ Utsch stated that there are some additional discussions required. He would like more time before approving this permit. Rassier made a motion to extend the Interim Use for Conway until September 19, 2006. If the license process is not completed the Permit will expire. The motion was seconded by Kalinowski and passed unanimously. September 5, 2006 Page 5 of 5 Intern: Mai Young introduced herself as the new Intern hired by the City to assist with EDA and Planning issues through December. Adjourn: Rassier made a motion to adjourn at 8:10 PM, seconded by Lesnick and passed by consensus. ~y~ G~~ J dy eyrens A inistrator