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HomeMy WebLinkAbout[03] Minutes - May 4 2009May 4, 2009 Page 1 of 4 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, May 4, 2009 at 7:00 PM. Members Present: Chair Kathleen Kalinowski, Commissioners Ross Rieke, Mike McDonald, Mike Deutz, Brian Orcutt, John Meyer, Dale Wick and City Administrator Judy Weyrens Others Present: Herman Gangl, Tom Gustafson, Mark Zimmer, John Walz, Rudy Zimmer, Wes Skochenski Approval of the Agenda: Deutz made a motion to approve the agenda with the following addition: 8(a) CSB Plat The motion was seconded by McDonald and passed unanimously. Minutes: Meyer made a motion to approve the minutes of Apri16, 2009 with minor corrections. The motion was seconded by McDonald. Ayes: Kalinowski, McDonald, Rieke, Meyer, Orcutt, Nays: None Abstain: Deutz, Wick Motion Carried 5:0:2 Public Hearing. Christine Long. 302 - 7th Avenue SE Interim Use Permit: Kalinowski 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 at 302 7th Avenue SE. The property is legally described as Lot 6 and W 10' Lot 5, Block 2, Cloverdale Estates. St. Joseph Code or 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 it 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 all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the owner/owners must provide a copy of a recorded deed or recorded contract of deed. A purchase agreement will not be accepted as evidence of ownership. The request for Interim Use was submitted by Christine Long, 302 7`h Avenue SE. Weyrens advised the Council that the property owner was informed before closing on the property that rental licenses are only allowed in an R1 Zoning District through issuance of an Interim Use Permit and all property owners must reside at the home. The property owner indicated that the financing prohibited the title to be placed in Christine's name therefore they (parents) would have to be listed as owner. They were informed that it is a violation of the Ordinance. The property was out of compliance and a citation was issued for renting without a license. Weyrens stated it is her understanding that the property owner has pleaded not guilty and a court date has been set. Christine Long spoke on her own behalf as owner of 302 - 7ch Avenue SE. Long acknowledged that the property could not be placed in her name and she has two roommates. However, the matter has since been resolved and her court date has been set for June. She further clarified that she submitted a deed illustrating that she is the sole property owner of the property listed above. With no one present wishing to speak, the closed at 7:05 PM. McDonald expressed frustration with the tax system and he checked the property tax records and the property is listed as homestead. If the parents were not residing at the residence, as they are listed as the owners, the property should have been taxed as non-homestead. McDonald stated that he understands that now it is a homesteaded property, it should not have been at the time of transfer. May 4, 2009 Page 2 of 4 Meyer made a motion to authorize the Planning Commission Chair and Administrator to execute the Resolution of finding recommending that the Council issue an Interim Use Permit to Christine Long to operate an owner occupied rental unit at 302 7th Avenue SE. The motion was seconded by Deutz and passed unanimously. Public Hearing. Brothers One. Special Use Permit. Used Auto Dealership: Kalinowski called the hearing to order and stated that the purpose of the hearing is to consider a Special Use Permit to allow for a used auto dealership at 219 Cedar Street E. St. Joseph Code of Ordinances 52.32 Subd. 4: Uses Under Special Use Permit: The following uses shall require a Special Use Permit based on the procedures set forth in Section 52.07.03 of this Ordinance: e) New or Used Auto Dealerships The request for Special Use was submitted by Wesley Skochenski, 5723 Osprey Ct, St. Cloud. Weyrens stated that the property in question has previously been used as a used car dealership which followed under the old Ordinance. At the time the dealership was first established (has changed ownership during the years) the governing Ordinance was 61 General Business and a used car dealerships was a permitted use. Since that time the property in question has been rezoned to B2, Highway Business and a Special Use Permit is required. Therefore the property owner must make application for a Special Use Permit. Weyrens stated that this is the same process that was followed for North Country Trailer Sales. Weyrens also clarified that the property owner will be leasing the property to Wesley Skochenski who has filed the application for special use. The application has jointly been executed by the property owner and tenant, which is acceptable. The Special Use Permit will be attached to the property. As there was no one present wishing to speak the hearing was closed at 7:11 PM. Wesley Skochenski approached the Commission on his own behalf. He clarified that the will be leasing the eastern half of the building and will be operating a used dealership. The lot will not be as large as the previous dealerships. Mark Zimmer spoke as property owner and stated that the western portion of the building will eventually be leased as well and the area has sufficient parking to accommodate two businesses. Deutz questioned the need for a special use since the property has previously been used for a used car dealership. Weyrens clarified that the Special Use Permit will follow the property and had the zoning regulations not changed specifically requiring a Special Use Permit for a car dealership, the use could continue. This was the same situation the Planning Commission considered for North Country Trailer Sales. McDonald made a motion authorizing the Planning Commission Chair and Administrator to execute the findings recommending issuance of a Special Use Permit to Brothers One, 219 Cedar Street E to allow for a used auto dealership at the aforementioned property. The motion was seconded by Deutz and passed unanimously. Sign Ordinance: Weyrens presented the Commission with the revised draft of the amendment to Ordinance 52.11, Signs. The revised draft has addressed the concerns of the Planning Commission, revising the definition of Ornamental Banner, including language to limit temporary service (construction, finance, etc.) and the provision to allow banners across the street. Weyrens stated that the location for the signs has not been determined as it does not make sense to determine such if the Ordinance is not approved. To address the types of signs that will be allowed to be displayed over the street, the Attorney has drafted language that limits the use to Community Events and each use must be approved by the Planning Commission and a certificate of insurance must be provided naming the City as an insured. Deutz May 4, 2009 Page 3 of 4 questioned the cost of securing an insurance policy and if organizations would be able to afford such an expense. Weyrens stated that the City doesn't want to make it so that signs cannot be used for Community Events. However, it comes down to the level of risk the City is willing to undergo. If the city is willing to accept liability the provision for insurance could be dropped. Meyer questioned the amount of insurance coverage that would be required as the Ordinance refers to statutory limits. Weyrens stated that she is uncertain as to the amount but would contact the insurance agent. Wick questioned the proposed draft to the Ordinance which references that an applicant seeking approval to display a banner can request a special meeting to be held, if necessary. He stated that by holding a special meeting, the fee would need to be increased from the $25. The Ordinance; however, does not say that any additional fees would apply. He would like to see that verbiage added to that section. According to Deutz, the whole issue seems cumbersome as they must apply for the permit 30 days prior to the event; the sign can only be up for 21 days and must be removed within 48 hours. He also stated that, in the past, they were not required to carry insurance for the sign as the City has insurance. McDonald advised the Commissioners that the three groups that have requested the use of banners do have liability insurance. Weyrens stated that the following changes would be made to St. Joseph Code of Ordinances 52.11: • Subd. 16 (b): Add language stating that if a special meeting is required it would be subject to all applicable fees. • Subd. 16 (b): Remove the following paragraph - " • Subd. 16 (d): "All banners must be removed within 48 hours of the completion of the scheduled event." McDonald made a motion to recommend Council approval of the amendment to Ordinance 52.11 based on the above changes. The motion was seconded by Deutz and passed unanimously. Request to reduce side vard setback: Weyrens stated that the City received a letter requesting that the Ordinance relating to reduce side yard setbacks be reconsidered. She advised the Commissioners that the setbacks in the R1 Zoning District were changed in 2007 from 10' to 5' on the accessory side. John Walz is the property owner that requested that the matter be considered. Kalinowski stated that based on discussions with other cities, the setbacks are the same in the surrounding areas. Meyer stated that he does agree with the sample Ordinances whereby plats are exempted from updated setback requirements. Weyrens stated that the City does have this provision to a certain degree. When PUD's are approved it is typical to establish setbacks for all the lots and they are not changed if the Ordinance is updated. For example, lots in the Northland Addition and Graceview Estates have received setback relief. Meyer stated the he sympathizes with Walz as a lot of the lots in his area are substandard size lots and there is nowhere to go on the lots. His home was built 16 years ago. Meyer suggested possible conditional relief for properties based on a certain date. Weyrens stated that they could base the conditional relief on the timeframe when the property was platted rather than when the home was built. Rieke questioned whether a wordier Ordinance would be required to allow for such. Weyrens stated that to look at this on a case by case basis, a variance would be required and a variance can be approved if a hardship is shown. She stated that it would be better to amend the Ordinance. McDonald questioned whether Walz discussed his plans with his neighbor as relief of the setback requirement would impact him as well. Walz stated that he did speak with his neighbor and he did not comment; however, he had planned to expand his garage as well. Deutz questioned the distance from the garage to the line which Walz stated is approximately 10-12'. He then stated that they changed the setback from 5' to 10' to allow for access to backyards. Walz stated that his lot is 80' x 170' which the Commissioners agree is a nice size lot. Deutz then stated that, prior to amending the Ordinance; he would like to see how many properties this would affect. Weyrens added that another reason that the setback was increased is to allow for people to park vehicles, boats, trailers, etc on a parking surface adjacent to the garage. Wick questioned Weyrens as to how long the setbacks were 5' on the accessory May 4, 2009 Page 4 of 4 side and 10' on the house side to which she stated "as long as she can remember". Weyrens added that all the area cities have a 10' setback. She added that when Walz built his home in 1993, the maximum square footage for an accessory building was a lot smaller being 900' and it is now 1300'. McDonald stated that, in his opinion, this matter should not be pursued. Deutz agreed stating that the City cannot change Ordinances for everyone in town; however, he would be open to looking at it. Rieke stated that if this can be looked at as a variance, the City must keep it fair. Wick suggested added a clause with a date or size referenced. Weyrens stated that it would not be fair to allow the prior setbacks with the current sizes. Deutz stated that he is concerned about the need for the relief as 5' is a narrow spot. Walz stated that he is looking to add an additional 3' to the width of the garage. Orcutt stated that if this was a single stall garage he would consider looking into this, but this is a double stall garage. Orcutt made a motion to leave the side yard setback in the R1, Single Family Ordinance as is with a 10' setback. The motion was seconded by Meyer and passed unanimously. Benedict Plat: Weyrens reported that, at the last meeting, they discussed the Benedict Plat. At that meeting, a representative from the Parish spoke and stated that they were in no position to either support or disapproves of the plat. They are working on verifying the survey information. Since then, Weyrens stated that she received a request from the Monastery to table this until June. Based on the Land Use requirements, she is requesting that the Commissioners authorize staff to send a letter to the Monastery extending the land use requirement an additional 60 days to avoid arbitrarily approving something due to no action. Deutz made a motion authorizing staff to send a letter to the Monastery advising them of the additional 60 days. The motion was seconded by Rieke and passed unanimously. McDonald questioned why the Church is having the survey information reviewed. Weyrens stated that there are some gaps on the plat near the cemetery and they want to work all of those out. Adjourn: The meeting was adjourned by consensus at 7:50PM. Judy Weyrens Administrator