HomeMy WebLinkAbout[03] C & L Excavating, Variance RequestNOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN that the Joint Planning Committee of the City of St.
Joseph — St. Joseph Township will hold a public meeting on Monday, January 25,
2010 at 7:35 p.m. or as soon as possible thereafter, in the Town Hall to consider
the petition of C &L Excavating Inc. to attach a 24' deep addition which would be
located 59', at the closest point, to the centerline of CR134 which is also known as
Ridgewood Road. The structural setback requirement on a Minor Collector road is
100' from the centerline.
Ann Reischl
Town Clerk
3:1
TOWNSHIP OF
SAINT JOSEPH
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
January 25, 2010
C & L Variance
Administration
CITY OF ST. JOSEPH
BACKGROUND INFORMATION: The Orderly Annexation Agreement between the City of St.
Joseph and the Town of St. Joseph require action by the Joint Planning Board for all matters that would
normally come before the St. Joseph Township Planning Commission. The City was made aware of
variance request that is being considered by Stearns County for C & L Excavating. This request should be
considered by the Joint Powers Board.
It is important to remember that granting variances are Statutory and there must be findings for
granting and denying variances. Attached are the worksheets when determining variances. From the
information gathered there does not appear to be justification for granting a variance. I have attached a
denial request, but if at the meeting you determine it should be approved new findings will be prepared.
Included Information: C & L Excavating, Variance Request
Hearing Notice
3: 1
Staff Recommendation
3: 2 -3
Application Materials
• Stearns County Findings of Fact, Supporting /Denying a variance
3:4
• Stearns County After the Fact Findings, Supporting /Denying a variance
3: 5 -6
• Stearns County Hearing Notice
3: 7
• Stearns County Variance Application
3: 8 -9
• Stearns County Environmental Services Staff Report
3: 10 -11
• Site Plans
3: 12 -15
Letters
• Great River Energy
3: 16 -22
Past Actions
• August 2007 Joint Planning Board — Brenny Variance
3: 23
• September 1999 Joint Planning — Rezone, Brenny
3: 24 -27
• Ordinance in Effect 2007
3: 28 -30
• Inspection Report 2007
3: 31
• Stearns County Ordinance 2007
3: 32 -33
JOINT PLANNING COMMISSION RECOMMENDATION
TOWNSHIP OF
SAINT JOSEPH
CITY OF ST. JOSEPH
SUBJECT: Variance for Property within OA -524.
MEETING DATE: January 25, 2010
COMMISSION MEMBERS: City Representatives Present: Al Rassier, Brian Orcutt, Ross Rieke, Dale Wick.
Township Representatives Present: Jerome Salzer, Doug Fredrickson, Ralph
Eiynck, Brenda Stanger.
REQUEST: Joint Planning Commission approval for a 59 foot variance on the front yard
setback. The request for variance is to allow the construction of a 24 foot
building addition.
RECOMMENDATION: Denial of the variance to allow the construction of a 59 foot variance in the front
yard setback.
FACTS/REASONS: The Joint Planning Commission has reviewed the proposed variance and
recommends denial based on the following facts.
1. Information obtained from Great River Energy suggests that the building expansion
may encroach the utility easement for the high power transmission lines.
2. The property owner indicates that the cost to change the roof line is not within the
budget. The changing of the roof line is feasible and a monetary hurdle is not
justification for a variance.
3. Other property owners have been required to meet the front yard setback and
granting the variance would confer rights to the petitioner denied to others in the
same zoning district
4. There is sufficient developable property surrounding the subject area and granting
a variance may inadvertently establish a front yard setback that is not consistent
with the zoning Ordinance.
5. Industrial areas have 100 foot setbacks in part to accommodate large /long
construction vehicles. Reducing the setback has the potential of creating a safety
hazard for large vehicles entering or exiting the property.
3 -2
6. The requested variance is almost a 40% deviation, which is a substantial deviation
from the Ordinance.
COMMISSION ACTION: Motion:
Second:
In Favor:
Opposed:
Excused:
This document is a true and accurate statement of findings and recommendations of the St. Joseph Joint
City /Township Planning Commission.
Chair of Joint Meeting
Date
Secretary of Joint Meeting
Date
3 -3
Stearns County Environmental Services
Board of Adjustment
APPLICANT FINDINGS OF FACT
SUPPORTING /DENYING A VARIANCE
An area variance may be granted only where the strict enforcement of county zoning controls will result in
"practical difficulty ". A determination that a "practical difficulty" exists is based upon the consideration of the
following criteria as defined by the Minnesota State Supreme Court in In re the Matter of the Decision of County
of Otter Tail Board of Adiustment to Deny a Variance to Cyril Stadsvold and Cynara Stadsvold.:
Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?
Will the request have an adverse effect on government services? Why or why not?
Will the requested variance effect a substantial change in the character of the neighborhood
or will it result in a substantial detriment to neighboring properties: Why or why not?
4. Is there another feasible method to alleviate the need for a variance? (Economic considerations
play a role in the analysis under this factor) Why or Why not?
How did the need for a variance arise? Did the landowner create the need for the variance?
Explain.
6. In light of all of the above factors, would denying a variance serve the interests of justice?
Why or Why not?
THE BOARD OF ADJUSTMENT SHOULD WEIGH AND BALANCE EACH OF THE ELEMENTS
WHEN DECIDING WHETHER THE VARIANCE APPLICATION SHOLD BE GRANTED.
3:4
APPLICANT AFTER THE FACT FINDINGS
SUPPORTING /DENYING A VARIANCE
Name of Applicant(s):
Variance Requested:
Date:
An area variance may be granted only where the strict enforcement of county zoning controls will result in "practical difficulty'.
A determination that a "practical difficulty" exists is based upon the consideration of the following criteria as defined by the
Minnesota State Supreme Court in In re the Matter of the Decision of County of Otter Tail Board of Adiustment to Deny a
Variance to Cyril Stadsvold and Cynara Stasvold.:
1. Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?
2. Will the request have an adverse effect on government services? Why or why not?
3. Will the requested variance effect a substantial change in the character of the neighborhood or will it
result in a substantial detriment to neighboring properties? Why or Why not?
4. Is there another feasible method to alleviate the need for a variance? (Economic considerations play a role in the analysis
under this factor) Why or Why not?
5. How did the need for a variance occur? Did the landowner create the need for the variance? Explain.
6. Why did the applicant fail to obtain a variance /or comply with the applicable requirements before commencing work? Did
the applicant act in good faith? Why or Why not?
7. Did the applicant attempt to comply with the law by obtaining the proper permits? Why or Why not:
8. Did the applicant obtain a permit from another entity that violated the law? Provide explanation below.
9. Did the applicant make a substantial investment in the property? Provide details below.
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10. Did the applicant complete the repairs /construction before the applicant was informed of the impropriety? Please
provide details below.
11. Is the nature of property residential /recreational and not commercial? Please provide details below.
12. Are there other similar structures on the lake? Please provide details below.
13. Would the minimum benefits to the county appear to be far outweighed by the detriment the applicant
would suffer if forced to remove the structure. Why or why not?
14. In light of all the above factors, would denying a variance serve the interests of justice?
Why or Why not?
The Board of Adjustment should weigh and balance each of the elements when deciding whether
the variance application should be granted.
HE.,
January 13, 2010
COUNTY OF STEARNS
5 sew
Administration Center Rm 343 • 705 Courthouse Square • St. Cloud, MN 56303
320- 656 -3613 • Fax 320- 656 -6484 • 1- 800 -450 -0852
TO: PROPERTY OWNERS WITHIN 500 FEET OF AFFECTED PROPERTY
CHAIR, ST JOSEPH TOWNSHIP
FROM: STEARNS COUNTY BOARD OF ADJUSTMENT
To consider a variance request submitted by C & L Excavating Inc, St Joseph, MN from
Section 9.12.8C of Stearns County Zoning Ordinance #209 to construct an addition located 59ft
from the centerline of County Road 134 which is an un- classified County Road. The structural
setback requirement for an Un- classified County Road is 100 feet from the centerline. Affected
property: Part of the NE4 SW4, Sec 12, T124, R29, St Joseph Twp. Property address: 7939
Ridgewood Rd, St Joseph, MN.
A public hearing will be held by the Stearns County Board of Adjustment on Thursday, January
28, 2010, beginning at 6:30 p.m. in Conference Room 121 CDE, Stearns County Service
Center West, 3301 County Road 138, Waite Park, Minnesota. At that time you may appear, if
you so desire, either in person or by submitting written testimony in opposition to or in support of
the request for variance prior to the hearing date. Written testimony may be submitted to the
Stearns County Environmental Services Department, Administration Center, Room 343, 705
Courthouse Square, St. Cloud, MN 56303. The application for variance is on file in the
Environmental Services Department and may be viewed Monday- Friday between the hours of
8:00am and 4:30pm.
Attendance at the hearing regarding the requested variance is not limited to those persons
receiving copies of this notice. If you know of any interested property owners who for any
reason have not received a copy of this notice, it would be appreciated if you would inform them
of this public hearing.
Sincerely,
Stearns County Board of Adjustment
By: :L ,
Environmental Specialist
Barrier Free Status: This meeting will be accessible to the handicapped. Attempts will be made to accommodate
any other individual need for special services. Please contact this office so early arrangements can be made.
#875 -8898 `Affirmative Action / Equal Opportunity Employer" 3:7
AGYNDA #
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Nv1�oNMEN
roperty Owner(s):
Nan
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STEARNS COUNTY ENVIRONMENTAL SERVICES
ADMINISTRATION CENTER, ROOM 343
705 COURTHOUSE SQUARE
ST. CLOUD, MN 56303
(320) 656 -3613 OR 1- 800 -450 -0852 /�
VARIANCE APPLICATION File No. C/ -03
a
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Mailing Address, City, State, Zip" '
Property Address: X L✓7rvd? IeC7 S .
7 ' 526 --
Phone
S /�3 _TV
Address City State /Zip
Parcel No. % aZIe6 "/ C1) --; r
Legal Description: (Copy of Recorded Deed, Certificate of Survey required upon receipt of this form.)
****STAFF TO COMPLETE****
Applicant requests variance from Section(s) q, /G I of Stearns County
G Ordinances) No(s) 20 c)
The intended use that does not comply with the ordinance(s) is:
Requesting a variance to construct an addition located 59ft from the centerline of County Road
134 which is an un- classified County Road. The structural setback requirement for an Un-
classified County Road is 100ft from the centerline.
"***APPLICANT TO COMPLETE"`***
xThe grounds for requesting the variance are as follows: (Explain why the strict enforcement of the ordinance(s)
will cause an unnecessary hardship or the strict conformity of�the standards are unreasonable, impractical, or not
feasible underthe circumstances.)
❑ Variance Granted By Township (Attach Copy)
Q,AiS
I hereby swear and affirm that the information supplied to Stearns County Environmental Services is accurate and
true. I acknowledge that this application is rendered invalid and void should the County determine that information
supplied by me, the applicant, in applying for this variance, is inaccurate or untrue. Incomplete applications
shall expire six (6) months from the date of application. Signature of this application authorizes Environmental
Services Staff to enter upon the property to perform needed inspections. Entry may be without prior notice
Y,Signature`. c,1`,,` _`u , T �/- Dated:
Pro pert Qwne4) —A/ cwne-rs
Fee: (Non- Refundable): $ 37-5-'— ��
(6V Receipt No.
RECEIVED
C&L Excavating, Inc DEC 2 8 2009
.............. _ ___._ ............... ENVRONMENTAL SERVICES
PO Box 99 Saint Joseph, lit 563 74
320.363.1221 Far: 320.363.8386
December 28, 2009
Our company is requesting a variance to add on additional work space to our current
building.
C &L Excavating, Inc has applied for a construction site permit and has been denied due
to the county 100 foot set back ordinance for Ridgewood Road/Old Co. Rd 134.
We are in need of additional office space. We would like to add on to our current
building with a 24 x 24 office addition. The current building structure does not make it
feasible to add on to the east of the building. The cost to change the roof line of the
current building way exceeds our budget. Proceeding west is not an option due to the
location of our septic system and drain field. We are not able to add on to the south or we
run into our truck entrance, which leaves us to adding on to the north.
3:9
Stearns County Environmental Services
Board of Adjustment Staff Report
Date: January 10, 2010 File: 10 -03
Name of Applicant: C & L Excavating Inc. TWP: St. Joseph
Parcel #: 31.10801.0000 Staff: Monica Peters
Relevant Facts:
C & L Excavating built the existing structure in 1999 before the enactment of
Stearns County Zoning Ordinance 209 and related road setback requirements.
The work area was expanded in 2002 to accommodate growth. That addition
was able to meet all setback requirements.
The existing office area is 16ft x 24ft extension toward the road. C & L
Excavating needs to expand the office area and is proposing to attach a 24ft
deep addition which would be located 59ft, at the closest point, to the centerline
of County Road 134 which is also known as Ridgewood Road. This section of
County Road134 is classified as a Minor Collector road. The expansion will
consist of attaching a used 24ft x 24ft structure that can match up to the existing
roof line. The structural setback requirement on a Minor Collector road is 100
from the centerline. The proposed expansion will be located outside of the road
right -of -way.
Possible Impacts: Staff has submitted this variance request packet to County
Highway Department for comment on the possible impacts.
Comments:
1. The proposed setback request is a 41 % deviation from current zoning
requirements. One of the goals of the Comprehensive Plan is to assist
businesses with expansion possibilities.
2. The request will not have any effect on government services.
3. The request will not change the character of the neighborhood or result in a
detriment to neighboring properties.
4. The only option for office expansion would be to the east of the existing office
and that proposal would be cost prohibitive because of the need to change
the roofline.
5. The need for the variance request arises in part due to the fact that zoning
was enacted after the existing office was already located 83 ft from the
centerline of the road and it is due to growth of the business and the
subsequent need to expand the office.
6. If the Board determines a practical difficulty exists, then denying the variance
request does not serve the interests of justice.
Alternatives /Recommendations:
1. Grant or deny the variance based on the Findings of Fact.
3:10
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RECEIVED
STEARNS COUNTY/TOWNSHIP INSPECTION REPORT
Environmental Services Department
Administration Center Rm. 343, 705 Courthouse Square, St. Cloud, MN 56303
(320) 656 -3613 or 1- 800 - 450 -0852 ciV'v liiulVi "viLN'iAL '�ERVICEu
SETBACKS
ACTUAL
REQUIRED
COMMENTS
FronVOrdinary High Water Level Setback`
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Rear Setback"
Setback from Road or R.O.W. or Centerline
Setback from Side Property Line
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Setback from Side Property Line
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Setback from Top of Bluff
-Front SWWCK: Un npanan rocs in me Snvraranu uvvrrny wo—1 -, nry twin jai
riparian bts, the front yard setback is measured from the road right -of -way or centerline, whichever is more restrictive.
"'Rear Setback: On riparian lots in the shoreland overlay district, the rear yard setback is measured from the road right -of -way or
centerline, whichever is more restrictive. On non- rlpedan lots, the rear setback is measured from the rear lot line.
Slte Sketch
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Date: Inspected By:
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GREAT RIVER
ENERGY"
Ili /0.63
12300 Elm Creek Boulevard • Maple Grove, Minnesota 55369 -4718 • 763 -445 -5000 • Fax 763 -445 -5050 • www.GreatRiverEnergy.com
January 14, 2010
Stearns County Environmental Services Department
Administration Center, Room 343
705 Courthouse Square
St. Cloud, MN 56303
SUBJECT: Public Hearing
Variance request submitted by C & L Excavating, Inc.
7939 Ridgewood Road, St. Joseph, MN
To Whom It May Concern:
ST -WW Line
Thank you for your correspondence regarding the above referenced project and meeting. I
will not be attending the meeting on January 28, 2010. However, I have enclosed a map, for
your reference, of our facilities which are shown in red along with a copy of our existing
easements in this area. I have highlighted on the map in pink, the location of the above
referenced property where Great River Energy has facilities. Great River Energy will not
permit any buildings within its right of way described on the enclosed easement documents.
Please note that information on the easement suggests that the centerline of the
transmission line was built approximately 35 feet south of the centerline of County Road
134. The easements acquire an additional 32 feet south of the southerly right of way
boundary of County Road 134 in which the south boundary of the easement would be a
minimum of 65 feet from the centerline of County Road 134, assuming a 33 foot road right
of way. In this case, Great River Energy would prohibit the building at the proposed 59 foot
setback which would encroach into our right of way. We would request that the property be
surveyed and the proposed addition staked for construction purposes to guarantee that the
building is outside Great River Energy's right of way and a safe distance from the
transmission line.
JAN 1_ ,,, 2010
J4 -
Direct Dial (763) 241 -2402 E -Mail mmacmillan @grenergy.com FAX (763) 274 -6337
A Touchstone Energy Cooperative S'll --A 0 Contains 100 ° / post consumer waste
3:16
Stearns County Environmental Services Department
January 14, 2010
Page 2
As a reminder, Great River Energy's facilities are overhead, so they will not show up in your
Gopher One -Call locates. Use great caution when working near or transmission lines, this
line carries 69,000 volts electricity and has the capability of arcing if objects come too close
to the line. You are required to maintain all clearances by OSHA regulations and National
Electric Safety Code (NESC) any time while working near any power line. Please be
advised that Great River Energy does not assume any liability, which might arise out of
construction in its right -of -way.
Sincerely,
GREAT RIVER ENERGY' /
Michelle MacMillan
Land Rights Technician
Enclosures
MM:ve \R: \0 COUNTY\Stearns \CSL Excavating Inc CUP Resp.doc
Direct Dial (763) 241 -2402 E -Mail mmacmillan�grenergy.com FAX (763) 274 -6337
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52219. _
TRANSMISSION EASEMENT
Form 500 11-801
KNOW ALL MEN BY THESE PRESENTS That (1) (We) of the County of Stearns
State of Minnesota , hereinafter called "Grantor," in consideration of
the sum of One and no /100 Dollars ($ 1 -On ) to us in hand
paid by COOPERATIVE POWER ASSOCIATION (CPA), a Minnesota corporation, receipt whereof is hereby
acknowledged, do hereby grant unto said Association, its successors and assigns, hereinafter called "Grantee" the
perpetual right, privilege and eagement to construct, reconstruct, operate, repair and maintain an electric transmission
line with all poles, crossarms, cables, wires, guys, supports, fixtures and devices used or useful in
the operation and maintenance of said line through, over and across the following described land situated in the County
of Stearns , State of Minnesota, to wit: The North. Thirty Two Feet (32), as
measured at right angles to the Southerly right of way line of Stearns County Road No. 134,
of that part of the Northeast Quarter of the Southwest Quarter (NE1 /4 SW1 /4) Section Twelve
(12), Township One Hundred Twenty Four North (T124N), Range Twenty Nine West (R29W),
described as follows, to wit: Beginning at the point of intersection of the South line
of said Northeast Quarter of the Southwest Quarter (NE1 /4 SW1 /4) and the East line of
the West Twenty Five (25) acres of said Northeast Quarter of the Southwest Quarter (NE1 /4
SW1 /4), said point begin South 890 47' 05" West, assumed bearing, 492.40 Feet from the
Southeast corner of said Northeast Quarter of the Southwest Quarter (NE1 /4 SW1 /4); thence
South. 890 47' 05" West along said South line 545.67 Feet; thence North 000 08' 00" West
529.59 Feet; thence North 890 52' 00" East 100.53 Feet; thence North 000 08' 00" West
350.53 Feet to the Southerly right of way line of County Road No. 134; thence South
840 09' 00" East along said right of way line 450.41 Feet to a point of intersection
with the said East line of the West Twenty Five (25) acres; thence South 000 03' 40"
West, along said East line 832.44 Feet to the point of beginning and there terminating.
Said transmission line shall be constructed on a centerline to be located approximately
Thirty Five Feet (35) Southerly of and parallel to the existing centerline of Stearns
County Road No. 134.
Said transmission line may be constructed at any time subsequent to the execution of this document.
Not more than Two (2) structures of said transmission line shall be located on said land, of which struc-
tures, All shall be: single wood pole.
except that no more than One (2) additional structures-may be installed on said land at any time
upon the additional payment of Fi fty iandY no/100 Dofil* 50.00 ) per
I it
structure if installed in tillable land, or "Mw n ,y and no /10.0 ""' Doltars;($ 20.00 ) per
structure if installed in untillable land. Said transmission line and supporting structures from time to time may be
reconstructed with changed dimensions and to operate at different voltages, but the number and kind of structures
shall not be different than specified in this paragraph.
lA ,,.,.
File No. Westwood 69 jij (& .L N.t OL -
Owner William E. Skelton, Fee
Luella A. Skelton
(aka Luella Braun Skelton)
Central Canvas Manufacturing, Inc.
A Corporation of Minnesota, C.D.
3:19
62
The grant of easement herein contained shall include the right to enter upon the encumbered property of Gi,
to survey, construct, operate, control, maintain and use said transmission line, and to rebuild the same, and also
right to remove therefrom any structure, tree or object, which in the opinion of Grantee will interfere with salo
transmission line, including the branches of trees overhanging said property.
It the attachment wires of others to
The grant herein contained shall also include the right to Grantee to perm
the structures of said transmission line.
Grantor reserves the right to cultivate, use and occupy said land, except that, without the proper written approval
of Grantee, the Grantor shall not erect any structures, hay or straw stacks, or other objects,• permanent or temporary,
Grantor further agrees that he will not perform any act which will interfere
except fences, or plant any trees thereon .
with or endanger said transmission line.
Grantee shall pay for al I damage to on.accountof such damage should belsubm submitted without delay to.GGanteer
maintenance of said transmission. line: Claim
The grant of easement herein contained is subject th and telephpne lines herertofo a granted acrossany part of the
ditches or other electric transmission lines and'telegrap
above described land.
Grantor covenants with Grantee; its successors and assigns; that Grantor is the owner of the above described land
f
and has the right •t•o ;sell =and convey Ahis easement. in the aforesaid mariner and orm
It is mutually understood and agreed that this rostrum verbal or written, has been madesmodify ng adding to Or
parties 'hereto•and that no representation or statement,
changing the terms hereof.
THIS INSTRUMENT DRAFTED BY,,
COOPERATIVE POWER ASSN.
3316 WEST 66th STREET
MINNEAPOLIS., MINN. 55435,
day of
`IN WITNESS WHEREOF, (1) (We) have duly executed this instr en t 's • 0'
0
Tit' � ni
STATE OF MINNESOTA f SS.
COUNTY OF Stearns �,� - _ 196
The foregoing instrument was acknowledged before me thisd�� day o.
by Central Canvas I•ianufact,1z=9 Tn
DONALDW.LAMBRE
.4! NOTARY PUBLIC • MINNESO
STEARNS COUN 0Y OU
My Commission EXPlm Nor.
STATE OF MINNESOTA SS. --
t Efi�el7 s ,Z da of S/ . ," 19 SD
COUNTY OF sL-
The foregoing instrument a ack owledged before Ue Js�- -- -may n/! ,ham,
by
4: SMITH
NOMN I COUNTY
HENNEPEP COU
IN CNTTY Y
My Commission Expim Mu, 3, 120.1
3:20
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TRANSMISSION EASEMENT
63
Form 50CU1'80l
KNOW ALL MEN BY THESE PRESENTS That (1) (We) of the County of Stearns
State of Minnesota hereinafter called "Grantor," In consideration of
the sum of One and no /100 Dollars ($ 1.00 —)to us in hand
paid by COOPERATIVE POWER ASSOCIATION (CPA), a Minnesota corporation, receipt whereof Is hereby
acknowledged, do hereby grant unto said Association, its successors and assigns, hereinafter called "Grantee" the
perpetual right, privilege and easement to construct, reconstruct, operate, repair and maintain an electric transmission
line with all towers, structures, poles, crossarms, cables, wires, guys, supports, fixtures and devices used or useful in
the operation and maintenance of said line through, over and across the following described land situated in the County
of Stearns , State of Minnesota, to wit:
The North. Thirty Two Feet C32)_, as measured at right angles to the South. ri,gh.t
of way boundary of Stearns County Road No, 134, of that part of the East Fifteen
(151 acres of the Northeast Quarter of the Southwest Quarter (NE4 SW) of Section
Twelve (_12), Townsh -ip One Hundred Twenty Four North (T.124N), Range Twenty Nine West
(R29W), that lies South of Stearns County Road No. 134,
Said transmission line shall be constructed on a centerl i.ne to be located approximately
Thirty Five Feet (35) South -of and parallel to the existing centerline of Stearns
County Road No. 134,
Said transmission line may be constructed at any time subsequent to the execution of this document.
Not more than Two (2 ) structures of said transmission line shall be located on said land, of which struc-
tures, All shall be: single wood pole..
TI 10(1
-W p.
• YTN000
MI S VW —.0 -j no yy � S
except that no more than - ----- -- --- - additional structures may be installed on said land at any time
upon the additional payment of - - - - ------ ------ Dollars ($ --------------- ) per
structure if installed in tillable land, or - - = = = -- - - - -- Dollars ($ -------- - -- - -- ) per
structure if instailed.'i"M1I`l'able land. Said transmission line and supporting structures from time to time may be
iiiii ,�i.ta..
reconstructed with aAged,de. hsions and to operate at different voltages, but the number and kind of structures
shall not be differe thYrflgWoilied in this paragraph.
aver s ..��, _�,`< •... .. " .
1B -1
Westwood 69 U
File No.
Owner Eleanor Meyer
Ch- arles..J. Bechtold, C.D.
E.i.leen Bechtold
(over)
3:21
._ _ 64
The grant of easement herein ashall e t iripd g smissonine, an to rebuild the same, and also the
to survey, construct, operate, control, maintain and use said
right to remove therefrom any structure, tree or object, which in the opinion of Grantee will interfere with said
transmission line, including the branches of trees overhanging said property.
de the right to Grantee to permit the attachment of wires of others to
The grant herein contained shall also inclu
the structures of said transmission line.
Grantor reserves the right to cultivate, use and occupy said land, except that, without the proper written approval
of Grantee, the Grantor shall not erect any structures, hay or straw stacks, or other objects, permanent or temporary,
except fences, or plant any trees thereon. Grantor further agrees that he will not perform any act which will interfere
with or endanger said transmission line.
Grantee shall pay for all damage to crops, fences,. livestock, roads and fields caesed by the construction or
maintenance of said transmission line. Claims on account of such damage should be submitted without delay to Grantee.
The grant of easement herein contained is'subject to existing rights of way for highways, roads, railroads, laterals,
ditches or other electric transmission lines and telegraph and telephone lines heretofore granted across any part of the
above described land.
Grantor covenants with Grantee, its successors and assigns, that Grantor is the owner of the above described land
and has the right to sell and convey this easement in the aforesaid manner and form.
It is mutually understood and agreed that this instrument covers all the agreements and stipulations between e
parties hereto and that no representation or statement, verbal or written, has been made-modifying, 9 to o
changingJhe terms: hereof.
jN1S 1NSj0MSNpOWER PSE�
CPO? ' wV-s1 15 NNE 59 `
33�. O11S.� M
til�1C�t
y / day of
IN WITNESS WHEREOF, (1) (We) have dui executed this instrument this
19 -r .
DONALD W. LAMBRECHT
sl NOTARY PUBLIC - MINNESOTA
A STEARNS COUNTY
My Commission Expires Nor. 2 1N!
STATE OF MINNESOTA SS.
COUNTY OF Stearns 1gRo
The foregoing instrument was acknowledged before me this L2— day of
by Charles J. Bechtold and Eileen Bechtold husband and wi e
3:22
TOWNSHIP OF SAINT JOSEPH
Au7ust 13, 2007
FROM THE OFFICE OF
Environmental Services
Administration Center Rm 343
"OS Courthouse Square
St. Cloud, MN 56303
Re: Todd & Joyce Brenny's Rezoning from Commercial to Industrial
The St. Joseph Town Board and Planning Commission and the St. Joseph City Council have
reviewed the attached copy of the September 1, 1999 minutes of the Joint Planning Commission
which recommended the Joint Powers approve the request of Todd and Joyce Brenny to rezone
Lot, 43 Block #1 Braun Addition from Ag to 1 -1.
The Joint Planning Commission consists of:
A. -Three (3) members from the City Planning Commission
B. Three (3) members from the Town Planning Commission
C. The City member of the Orderly Annexation District Planning and Zoning Authority, and
D. The Town Board member of the Orderly Annexation District Planning and Zoning Authority.
The St. Joseph Town Board and Planning Commission and the St. Joseph City Council also
reviewed the minutes of the Joint Powers dated September 21, 1999. A copy of the attached
minutes state Todd and Joyce Brenny's request to rezone Lot 43 Braun Addition was
unanimously granted.
The Joint Powers is controlled by a three (3) member commission, with one member appointed
from each of the City Council, Town Board, and one Stearns County Commissioner.
The St. Joseph Town Board and the City of St. Joseph acknowledge Todd and Joyce Brem?y
followed complete protocol to obtain the rezoning to 1 -1 in 1999; therefore they should not have to
repeat the process to obtain the rezoning they already received in 1999. We are returning the
Rezoning Recommendation Form in its blank form as apparently a clerical error was made in
transferring information to the new zoning map. We are also recommending the $385.00 application
fee be refunded to Todd and Joyce Brenny.
J -sf . anssen
St. Joseph Township Chairman
J l
Attested by:
Alin Reischl
St. Joseph Town Clerk
Alan Rassier
Mayor of the City of St. Joseph
Attested by:
Judy Weyrens
City Administrator
3:23
P.6
090].99. min
JO.ZNT PLANNING COMMISSION
Sept:.ember 1., 1999 Todd & Joyce Brenny
Rezoning Hearing
Township Chairman, toe Bechtold, called the meeting to order at
8 P.M. Bechtold stated the property Todd & Joyce Brenny are
requesting to be rezoned. to I - 1 is in the 6 -10 year Orderly
Annexation Zone. They wish to utilize the property for a
trucking terminal which requires the property to be zoned I-1.
The property to the North of this parcel is zoned Heavy
Industrial. The land to the East and South is zoned Ag, and the
land to the West is zoned I -1_.
Joyce Brenny said th ?y chose this site for the location and
price. They want to stay as close to St. Cloud and St. Joseph as
possible as the maj•ot:i.t:y of their clients are in this vicinity.
They have no need to 1-}e hooked uv to sewer and water at this
time. Initi..al.ly th?y plan to use the Braun home for an office.
Th?y plan to bl.ii.ld a shop in the future.
Cory Ehlert was concerned whether the property would meet the
Ci.ty's specifications regarding the aesthetics of the property,
se'backs, and a buffer zone when it becomes a part of the City
scm--eday. His quest] ons c•rere answered when Bechtold read the St.
Joseph Township Zoning Ordinance: 12 -300 INDUSTRIAL DISTRICTS I -1
AIYD.._I. -2 (see attachment). Chad Carlson agreed that it will not
be a problem as the Township Zoning is more restrictive than the
City's.
Dave Thralow moved to recommend the Joint Powers approve the
request of Todd and Joyce Brenny to rezone Lot. #3 Block #1 Braun
Addition from Ag to I-1. Ralph Eiynck seconded the motion. The
motion carried unanimously.
The .joint Powers wi 1 1 ho <i a pub.] i c. hearing at 8: 30 p . m.
on September 21, 1999, to consider the rezoning of Lot, #3 Block
#1 Braun .Addition from Ag to I -1.
Dave Thralow moved to adjourn. Ralph Eiynck seconded the motion.
The meeting was adjourned at 8:40.
3 :24
PRESENT:
TOWN BOARD: Joe Bechtold
TOWNSHIP CLERK: Ann Reischl
TOWNSHIP PLANNING ('0MMI9qTnN:
John Schroeder
CITY COUNCIL: Cory F$lert
P.7
090199.min
Dave Thralow., Ralph Eivnck, and
CITY PLANNING COMMISSTON: Kurt Schneider, Kathleen Kalinowski
OTHERS PRESENT: Todd -1, Joyce Brenny, Pam Braun, Chad Carlson
n n
Reischl
Township Clerk
/s e pt qdt
sc neider
Ralph Eiynck
/7
Cor Ehlert
Kathleen Kalinowski
Dave Thralow
-3-.25
P.1.2
0921.99.JPMIN
JOINT POWERS
September 21, 1999 Todd & Joyce Brenny /David Braun
rezone I,ot #3 Block #1 Braun Addition
St. Joseph Township Supervi_-,or. . Joe Hec,htol d., called the Joint
Powers Commission hearing to nrc'er at: 4 p.m. Bechtold explained
the ,Joint Powers Commission, according to the City of St. Joseph
and St. Joseph Township Joint kesolurion for, !:orderly Annexation
an : Orderly Annexation Study, states:
All zoning and subdivision requiation within thE- orderly
annexation area, prior to annexation, s=hall. be controlled by a
three M member commission, wi.tn one member appointed from each
of the ("it y f,ounci l , `rown kn rc an.13 tho Stearns County Board of
Commi Sri or) .
Chairman Bechtold i.ntr.ohl.lc ~err tnr.y F,h.tert; representative of the
City of St. Joseph; Bechtold, representative of the St. Joseph
Township; Rose Arnold, Stearn, County Commissioner District. 3;
nd Ann. Rei schl , Town -1 pr?; , reCnrr.i t.ng secretary.
Town. C't?rk_, P.eischl , read +lc I __ -�1 n;:;ti ce, stating the purpose
of the hearing is to considr-r the= retitir.)n of Todd and ,Joyce
Brenny to rezone L,ot. #3 -Fla_ :'k #l. Fraun Addition from Ag to I -1.
Ann Reischl. read the Joint Planning Commission's recommendation
to approve the request. of Todri and Joyce Brenny to rezone Lot #3
Block #1 Braun Addi_ti.nn from Arx to I -1.
Joyce Brenny stated they would like to purchase the property,
consisting of five acres from Dav -,.d Braun. This Fall they would
utilize the home for Brenner Trallsportati ones office and plan to
construct a 50 X 70 X J4 hl?i. i.di nq next Spring to park their
trailers .gin. The property is in the 6-10 year annexation zone.
Brennys have had. the septic- system checked out and do not need
City erv: c. ~es .
Concerns were voiced by neighf :i,oring residents, Rachelle Gully and
Peter and Lisa Drew regarding the present. heavy traffic and the
increased amount of traffic this business would generate.
Joyce Brenny said they ar .e all aver the road trucking firm and
their trucks would be out all week and _-omi-ng back on Friday.
Joe Bechtold stated th
and i s zoned it could;
permitted in I -1. The
zoned Heavy Industrial
zoned Ag , and the land
appLnpr. , k1 ', r qn fr on
fi zor,i r.ia a. -.: with the property. Once the
he >c,l t' - ,ci ut i l i zed f or another bu ? ness
proper: t y t.o tbhe Nort 11 of this parcel is
t I - I?j , t'rhe l and t o t: lie East and South i.s
to eF,t. Is z011eH. 1 -1.. It is
3:26
P . 13
092199.JPMIN
Pory Ehler! Wid kh- r-sid-nts they canunt anticipate who yout
"Pi eft will be. 11 in unvy Offin"If mnki"g decisions to plait
gyawth, draft a land use map, and deal with the effects it will.
haup on residephr.
lop Bechtnld snij lnnd is zonpd hn moinciip with roads to handle
the industrial Win-sq. This iq n Q ton all season road.
Rrennys agreea fhai thir was the drawing card, along with price,
that drew them to thiF rpa.
Shirley Emerson "Oned W concerns rpgarding the location of the
bmilding, setbacks. And a huffev zone consisting of trees and
shiubs. These isp"Ps were discussed and will be dealt with by
the Township prior to isswng a building permit. The Township
Wning is move restri"iiv- than the city Inning so it will not be
a problem. The Ripnnvs did not have a plot plan ready as they
did Ynt wish to jnc"r that exppnse at this ('imp. Their purchase
agreement is Cont. inqpw on the prnpprty being rezoned.
At 9:30 Rose Arn-jA MovwO to rlose the p"blic input for the
Wring. Cory Fhl et- f x-rondp! the motion. Rose Arnold, Cory
RhIert and Joe Bechtold voted nyp and the motion carried.
Cory Ehlert ask-A the Tqwn Board to encourage proper setbacks,
trees. and a 10"Har znn- prior to granting the building permit.
Cory Ehlert mnvpd to rr an' the rpzoning of bat #3 Block #1 Braun
Mdition from Aq fn 1-1. Pnr- Arnold seconded the motion.
Onry Wert. Poop WWI and ace Bechtold voted aye and the
mn•on carried,
MOW by M2- Arnold. 7yannded by Cory Fhlprt. and carried
un an ywous Ly t n ad I" a: o at 1: 3 '
PRESENT: My }it r:,. ion Rprhtnid, Rose Arnold. Ann Reischl,
Wer and LOA Dr -w, RAwbelle Cully, Mike Deutz, Shirley Emerson,
Pam Braun, Aidelt hownda, haren Rerhtoid, and Joyce & Todd Brenny
T"wo Clerk
t4,
knpp Arnoirl
Atpp11Bechtold
Vory Fhlert
317
evergreen hedge or fence, but such hedge or
fence shall not extend within fifteen (15) feet of
a street right -of -way. The planting or fence
design'must be approved by the Building Inspector
as being in harmony with a residential
neighborhood and providing sufficient screening of
the commercial area. The hedge or fence shall be
not less than four (4) feet and not more than six
(6) feet in height.
C. Where a business development (B -1 or B -2) abuts
a R -3 district, there shall be a buffer strip at
least fifteen (15) feet wide screened in
accordance with paragraph (b) above.
12 300 INDUSTRIAlj DISTRICTS,
1-1 AND I - 2
a. The f=ront yard set -back in any industrial district
shall be forty (40) feet. on corner lots, the
set -back from all street lines shall be forty (40)
feet. Where an additional district is separated
from a residential district by a street, the set -
back from the street in the industrial district
shall be no less than one hundred (100) feet.
b• The side yard setback in any industrial district
shall be not less than fifteen (15) feet.
C. The iz-1dustri.al district side yard adjacent to a
residential boundary line shall provide for a
landscaped strip sixty (60) feet in width along
WF:
3:28
such boundary line. A portion of this landscaped
strip shall be planted to provide a screen. The
Governing Body may require additional side yard
width in these cases. When such additional width
is required, such additional width shall not
exceed one hundred (100) feet and parking in this
area will be permitted.
d. The rear yard setback in all industrial districts
shall be a minimum of twenty (20) feet which may
be used for parking. If the rear yard of an
industrial district abuts on or is across an alley
from a residential district, the provisions of
paragraph (c) of this section shall apply.
e. It shall be the policy of the Governing Body to
issue permits for the construction of buildings in
the industrial districts on the basis of the
actual. widths and areas required by the builder to
allow room for such building and its use to
conform with this ordinance. Each proposal may
be referred to the Planning Commission for study
and recommendation.
f. No blii.lding constructed in any industrial district
shall be more than forty ( 40 ) feet in height.
g. In any industrial district, the front yard and /or
ally side yard bordering upon a street shall be
landscaped and shall not be used for parking.
79
3:29
t•w
h. The application for a building permit in
54
industrial districts shall be-accompanied by ;,a
:
�r
complete plot plan showing the proposed building
k- ry
,?
or buildings and also the proposed use of the
balance of the property. The plan shall show
waste disposal, water supply, drainage, ingress
and egress, landscaping, screening and other
Pertinent data. Distances to surrounding
buildings must also be shown on the plot plan.
The Governing Body may submit these plans to the
Planning Commission for consideration and
recommendation. In any event, no
building permit shall be issued for any
construction in an industrial district until
authorized by a majority vote of the Governing
.Body.
12 -310 EXCEPTIONS
Height limitations as set forth in this ordinance shall
not apply to church spires, cupolas, water towers,
observation towers, flag poles, chimneys, smoke stacks_,,
radio and television towers, grain elev.ators.and .
4`
similar construction unless, in the opinion of. theE
-',.
Building Inspector, such construction might be
s
dangerous or in other ways detrimental to surrounding
Property in which case a special permit by the
F' •z,
•r
Governing Body
� shall be required.
80
3:30
STEARNS COUNTY/TOWNSHIP INSPECTION REPORT
Environmental Services Department
Administration Center Rm. 343, 705 Courthouse Square, St. Cloud, MN 56303
(320) 656 -3613 or 1- 800 -450 -0852
Front/Ordinary High Water Level Setback*
Rear Setback **
).20 '
.20 '
V�a'lctr��
Setback from Road or R.O.W. or Centerline
S'
/00 '
R, o a i 3y
Setback from Side Property Line
7S'
1970 '
Setback from Side Property Line
�o '
a o '
Setback from Top of Bluff
--�
—
"Front Setback: On riparian lots in the shoreland overlay district, the front yarn setback Is measured tram the UHWL. On non -
riparian lots, the front yard setback is measured from the road right -of -way or centerline, whichever is more restrictive.
"Rear Setback. On riparian lots in the shoreland overlay district, the near yard setback is measured from the road right -of -way or
centerline, whichever is more restrictive. On non - riparian lots, the rear setback is measured from the rear lot line.
Site Sketch
_ 1
cs"
t P1lO POSEb INS'
Vii' dD, ri od
!v
I�,sr,NG
t So 2 � NeT T Sc.vcE ,�-
V
Y ✓gRta�vcE 0 7 - I/ q '
r �O.Z iRain c o u'v ry 16
I (10
1
Owner: Te ¢ ,)g,,rE Q,��,,. Contractor:
Date: Inspected By:
Parcel No.: 3/, Permit Number: 31 - (6070
White -County Copy Yellow - Property Owners Copy Pink - Township Copy
3:31
August 24, 2007
Todd & Joyce Brenny
8505 Ridgewood Rd
St Joseph, MN 56374
RE: 31.21191.007
Variance File No. 07 -49
COUNTY OF STEARNS
Environmental Services Department
Administration Center Rm 343 • 705 Courthouse Square • St. Cloud, MN 56303
320 - 656 -3613 • Fax 320 - 656 -6484 • 1- 800 - 450 -0852
As you are aware, at the meeting of the Stearns County Board of Adjustment on August 23,
2007, your application for a variance from Section 9.11.8 & 9.11.10 of the Stearns County Zoning
Ordinance #209 to construct a 48 foot by 90 foot addition on to an existing structure; 62 feet from
the centerline of County Road 134, an unclassified county road and on a tract of land that is at
86% impervious lot coverage was approved with the condition that an engineered
stormwater pollution prevention plan (SWPPP) in accordance with MPCA regulations be
submitted and approved prior to final approval of the construction site permit.
You may appeal the Board's decision to District Court within 30 days of receipt of this letter.
You can either contact an attorney for this process or file an appeal yourself with Court
Administration.
If you have any questions regarding the above, please contact our office.
Sincerely,
Environmental Specialist
RE: This variance shall expire and be considered null and void if construction has not
occurred prior to August 23, 2008. Construction includes installation of foundation,
posts, walls or other portions of a building. An extension of up to 1 year may be
granted upon written request.
If you have not done so already please contact our office to apply for any required
permits
3:32
#875 -8898 `Affirmative Action / Equal Opportunity Employer"
Stearns County Zoning Ordinance
9.11 Limited industrial District
9.11.1 Purpose
The intent of the Limited Industrial District is to allow small scale industrial
uses that require limited services that can be suitably located next to existing
urban areas in the County and at standards that will not impair the traffic
carrying capabilities of abutting roads and highways.
9.11.2 Permitted Uses
The following uses are permitted uses subject to the performance and
general development standards of Sections 6 and 7 of this Ordinance:
A. General manufacturing
B. Light manufacturing
C. Motor vehicle repair
D. Truck terminals
E. Warehousing, storage, distribution and wholesale facilities
9.11.3 Provisional Uses
The following uses are provisional uses subject to the performance and
general development standards contained in Sections 6 and 7 of this
Ordinance:
A. Adult Uses — Principal
B. Adult Uses- Accessory
C. Government administrative and service buildings
9.11.4 Permitted Accessory Uses and Structures
The following accessory uses and structures are permitted subject to the
performance and general development standards contained in Sections 6 and
7 of this Ordinance:
A. Accessory uses and structures that are incidental to the principal use
9.11.5 Conditional Uses
The following uses may be allowed as conditional uses following the
procedures set forth in Section 4.8 of this Ordinance and further subject to
the performance and general development standards contained in Sections 6
and 7 of this Ordinance:
A. Commercial and public radio and television transmitting antennas and
public utility microwave antennas
B. Junk and salvage operations
C. Off- premise signs (billboards)
D. Solid waste composting facilities
E. Solid waste transfer stations
F. Recycling centers
G. Any use of land that is consistent with the purpose of the Limited
Industrial District which is not expressly prohibited or provided for in
the limited Industrial District and which, by its nature, does not
3:33
20.5