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HomeMy WebLinkAbout2009 [08] Aug 03August 3, 2009 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, August 3, 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: Ann Schwartz., Bill Nelson, Pau{ Petrek, Dorian Davidson, Dean Wick Approval of the Agenda: Wick made a motion to approve the agenda; seconded by McDonald and passed unanimously. Minutes: Deutz made a motion to approve the minutes of July 6, 2009 with minor corrections noted by Kalinowski. The motion was seconded by Meyer and passed unanimously. Annual Interim Use Permit Review: Kalinowski opened the Public Hearing and stated the purpose of the hearing is to consider renewal of Interim Use Permits as they relate to rental licenses. The City Office staff mailed applications to those property owners have active Interim Use Permits for rental purposes. The application was amended to allow for tracking of ordinance violations and contact with the Police or City Hall. She added that there were a number of applications that were not returned. Since packets were delivered, Weyrens stated that Ryan Pekarek did submit the required paperwork. Second notices were also sent out and both Patnode and Deter's were returned to the City Offices as undeliverable. Weyrens advised the Commissioners that both William Capecchi and Jake Rorabeck have moved out of the area. Wick added that 209 E Minnesota Street is up for sale. Weyrens also stated that Keith Eisenschenk has stated that he will no longer be renting, but the City has received nothing official in writing. Based on the numerous violations for Dale Schneider, 409 College Avenue N, there were some questions on the process and how this should be handled. Kalinowski clarified the weed process. Weyrens stated that if the grass is not cut, a weed notice is sent and if they do not take care of it, then the City will cut it and charge them $100. She added that there are similar fees for snow removal. Meyer questioned whether the $100 covers the cost of paperwork as well as the cutting of the weeds, which he was told it does. He then questioned whether the Ordinance allows for termination of the Interim Use Permit after a certain number of violations. Weyrens reminded the commissioners that Interim Use Permits are special uses and they are issued with the contingency that their property is kept in compliance. She suggested that the commissioners could request that the property owner come and have a conversation with them regarding their concerns for continuation of the permit. McDonald stated that he was under the impression that the Interim Use Permit was issued only if there are no ordinance violations. Weyrens advised the commissioners that they need to determine how they will manage these types of situations. Meyer made a motion to approve the Interim Use Permit for those applicants that have completed the process. Michael Bader 101 5th Avenue NW Irma Hoffman 104 1St Avenue NW Deutz Properties 30 Birch Street E Deutz Properties 119 College Avenue N Tom Dullinger 34 College Avenue N Travis Fruth 220 17th Avenue SE Crystal Hughes 415 7th Avenue SE Christine Long 302 7th Avenue SE Andrew Rose 606 Graceview Drive Linda Hutchinson 133 5th Avenue SE Dale/Diane Schneider 409 College Avenue N Brian Shields 321 Cypress Drive Ryan Pekarek 114 1St Avenue SE The motion was seconded by Wick. August 3, 2009 Page 2 of 5 Discussion: Meyer questioned whether an administrative fine could be attached to those properties receiving weed notices and also suggested possible revocation of the rental license after the 2"d or 3~ violation. Deutz stated that he will abstain from the motion, but would like to be part of this discussion. Based on Meyer's suggestion of possibly attaching administrative fines to weed notices, Wick stated that an Ordinance change may be required. Weyrens advised the commissioners that they could begin using administrative fines as the Council has already adopted them. According to Meyer, it may be a good idea to approve the renewal permits for this year and be more stringent in the future. McDonald, on the other hand, would like to see 409 College Avenue N removed from the approved renewals as they have had several offenses. Orcutt added that there are other rentals that have had only one violation. The commissioners need to determine how many violations are allowed prior to affecting the rental license. Ayes: Kalinowski, Wick, Rieke, Meyer, Orcutt Nays: McDonald Abstain: Deutz-[due to conflict of interest] Motion passed 5:1:1 Meyer suggested that the City make things a little stricter and he suggested the use of administrative fines as a way to get landlords to pay attention to their properties. Deutz questioned whether or not the City came back to cut the weeds after they received their notice as it carries more weight if they do not follow through after a notice is sent. Weyrens stated that she will note that in the future. Rieke added that there are some violations that are hard for the landlord to police. Wick questions how different types of violations equate. According to McDonald, this is tough as there is no matrix in place, or an idea for a cut off point for losing rental privileges. Meyer concluded by suggesting that they look into this further and possibly amend the ordinance, if necessary. Wick made a motion to terminate the Interim Use Permits for those who did not complete the application process, effective August 15, 2009, as well as inform the Police and the rental inspector that they are not eligible for a rental license. William Capecchi Bryce Deter Keith Eisenschenk Katherine Hultquist Thomas Ortmann Michael Patnode Jake Rorabeck Ryan Lieser 209 Minnesota Street E 106 Jasmine Lane 1306 Iris Lane 510 Fir Street 308 10`h Avenue SE 117 4`h Avenue SE 221 Birch Street W 403 1$` Avenue NE The motion was seconded by McDonald and passed unanimously. Public Hearing, Interim Use Permit - 418 Elena Lane: Kalinowski opened the public hearing and stated that the purpose of the hearing was to consider an Interim Use Permit to allow an owner occupied rental at 418 Elena Lane. The property is legally described as Lot 5, Block 2, Graceview Estates 2. 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 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 for deed. A purchase agreement will not be accepted as evidence of ownership. Bryan Virnig, 418 Elena Lane, St. Joseph, MN 56374 has submitted the request for Interim Use. The public hearing was opened and closed as there was no one present wishing to speak. August 3, 2009 Page3of5 There was no one present representing the property owner. Rieke stated that, in cases like this, they should be present at the meeting. Weyrens stated that they are told that they should be there and most times they are. Kalinowski questioned the contingencies listed on the Resolution of Findings. Weyrens advised her that they are the standard contingencies for the Interim Use. Rieke made a motion to table the request for Interim Use at 418 Elena Lane until the meeting in September due to lack of representation. The motion was seconded by Deutz and passed unanimously. Public Hearing, Special Use Permit -Anne's Market: Kalinwoski opened the public hearing and stated that the purpose of the hearing is to consider a Special Use Permit to allow for outdoor sales at 219 Cedar Street. The property is legally described as" .75A W200' of E 631.57' of SE4NW4 LYING N OF HWY 52 AND S OF RR LESS .07A FOR HWY CITY OF ST JOSEPH. 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: q) Uses determined to be of similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Brothers & One Inc, 219 Cedar Street, has submitted the request for Special Use on behalf of Ann Schwartz. Schwartz approached the commissioners and asked if they had any questions regarding the proposed special use request. The public hearing was opened and closed at 7:30 PM as there was no one present wishing to speak. Schwartz spoke on her own behalf. She stated that she is leasing the property from Brothers One with the intent to operate an open market every Sunday between May and October. She will also operate a retail component in the facility. Schwatz stated that she has received written verification from the tenant occupying the other suite on the property, Wayne Skochenski, regarding joint use parking. Skochenski has agreed to move his vehicles every Sunday to allow for additional parking on his lot. There were some questions raised by the commissioners on when the shop will be open and when the outdoor market will be held. Schwartz stated that the shop will be open the 2"d weekend of each month from Thursday thru Sunday as well as every Sunday during the outdoor market season. The outdoor market will start on the 2nd Sunday of May and continue each Sunday thru the 2"d Sunday in October. Meyer made a motion to approve the Special Use based on the Resolution of Findings with the following contingencies: 1. The property owner will conform to the Sign Ordinance to include temporary signs. 2. The use of streamers and banners is prohibited. 3. All outdoor sales will be confined to the back of the building and limited to Sundays from May to October of each calendar year. The motion was seconded by Deutz. Discussion: Deutz asked for clarification as to whether or not all businesses doing outside sales will need to apply for this type of permit. He added that it happens all the time in front of the millstream shops and lofts. Weyrens stated that this is different in that Schwartz sub-leases her space to the different vendors. Wick stated that the Special Use Permit would be valid as long as she conforms to the contingencies of the permit. The commissioners then addressed the issue of temporary signs. Schwartz stated that she wants to follow the City's Ordinances; she just needs to know what she can and cannot do. In her opinion, the occasional sale circuit is a little different than most other businesses. Weyrens advised her that she can apply for a temporary sign permit August 3, 2009 Page 4 of 5 which can be used up to 40 days per calendar year. McDonald advised her to read the City's Sign Ordinance first and then ask questions. Meyer questioned whether the Special Use Permit stays in place as long as she is a tenant or whether it stays with the property. Rieke stated that if the use discontinues for more than one year, the permit expires. Weyrens stated that Special Use and Conditional Use Permits generally stay with the property and they are more permanent. Deutz suggested that the City look at issuing Interim Use Permits for business properties in the future. Schwartz stated that she is not sure what brought her to St. Joseph, other than the fact that she was looking to come to the St. Cloud Area, but she is happy to be here. The motion passed unanimously. Stonehouse -Addition: Dean Wick, Outsource Architecture, approached the Commissioners on behalf of the owners of the Stonehouse Tavern. He stated that the owners intent to construct a 7,400 square foot addition to the existing facility. The purpose of the addition is to provide for banquet seating for receptions and events. It is anticipated that the new addition will seat approximately 250 patrons. The addition will be located where the existing patio sits, the west side of the building. They will be connecting to the kitchen and they will be adding a plating area as well as two banquet rooms and additional restroom facilities. Wick stated that there were some questions from Mr. Wasmund relating to the Site Plan: • Parking -According to the Site Plan, they would need additional parking spaces. • Fire Lane -Currently, the fire lane is 14'. They have agreed to keep the existing paving edge and increase it to 20'. According to Wick, the height of the building will be the same as the existing building. The new addition will be a duplicate of the existing building. He added that additional signage will be placed on both sides indicating which side is the restaurant and which one is the banquet hall. The roof will be a mechanical roof and he stated that it will be screened. He also advised the Commissioners that the existing storm catch basin on the site will be moved. With respect to parking, Wick reported that they have submitted a letter from the neighboring property owner (Army building] that they are able to use that property for additional parking. McDonald questioned the parking by clarifying that they currently have 151 stalls and that some of them will be removed with the addition. Orcutt then clarified that the additional parking area is currently a grassy area and stated that there may be some street parking out in that area as well. The commissioners were advised that the additional parking is hard packed dirt. Orcutt questioned the lease terms, which he was advised is for one year. If the total of 151 parking stalls is correct, they may only have as many as 102-113 stalls left after construction. Weyrens stated that when they originally looked at parking, they started with 89 as required in the developer agreement. Deutz made a motion to approve the development plan as presented contingent upon approval by the City Engineer and submittal of final site plan documents. The motion was seconded by Rieke. Discussion: McDonald questioned what will happen in the future if they are unable to secure another lease with the Army. Weyrens questioned whether or not there may be an opportunity to purchase additional property in the future, if needed. Petrek stated that the Army did not offer that as an option at this time, but they may be able to look into that in the future. McDonald stated that based on the current Ordinance, they are missing 1/3 of the required number of stalls. Deutz questioned how parking is defined. Weyrens stated that it is based on occupancy and the number of tables. Rieke stated that the only problem he could see is if there were issues with people exiting on to 20~h Avenue; however, he doesn't foresee any problems. McDonald stated that the plan should be more contingent upon the developer meeting the ordinance requirements rather than making the ordinances work for them. He questioned how the City can be consistent if they continue to change the set of rules. According to Deutz, one can never provide enough parking. August 3, 2009 Page 5 of 5 McDonald then questioned whether a variance would be required for the "overflow parking" area as it is not a paved surface as required by ordinance. In his opinion, this is not an "overflow parking area" as it meets the extra 1/3 of the parking spaces that are required. Weyrens stated she would check on this with the City Attorney. There was some discussion about possibly using the parking area at the former Delwin property. McDonald suggested that they purchase and pave more area to use for parking. Rieke stated that he is comfortable with the 102 parking spaces that they have in place. Deutz believes that the developer could reconfigure their parking lot and accommodate more parking spaces. Orcutt agreed and stated that it would bring them closer to the required number of spaces. Deutz spoke to the other commissioners and stated that he does not want this plan to be contingent upon a lot of different things or requiring variances. By consensus, the commissioners stated that if they can find 159 spaces within 350, the plan does not need to be brought back for review by the Planning Commission. Ayes: Kalinowski, Deutz, Rieke, McDonald, Wick, Orcutt Abstain: Meyer The motion passed 6:0:1 Ad~iourn: The meeting was adjourned by consensus. 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