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Home My WebLink About2010 [02] Feb 01February 1, 2010 Page 1 of 3 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, February 1, 2010 at 7:00 PM. Members Present: Chair Sr. Kathleen Kalinowski, Ross Rieke, Mike McDonald, Mike Deutz, Brian Orcutt and City Administrator Judy Weyrens Others Present: Tom Klein, Jordan Onnen AAgproval of the Agenda: Deutz made a motion to approve the agenda as presented; seconded by McDonald and passed unanimously. AAwroval of the Minutes: Deutz made a motion to approve the minutes of October 5, 2010. The motion was seconded by Orcutt and passed unanimously. Public Hearing, Interim Use Permit — Jordan Onnen, 224 17th Avenue SE: Kalinowski opened the public hearing. The purpose of the hearing was to consider an Interim Use Permit to allow an owner occupied rental at 224 17th Avenue SE. The property is legally described as Lot 5, Block 2, Liberty Pointe. 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 contract for deed. A purchase agreement will not be accepted as evidence of ownership. The request for Interim Use has been submitted by Jordan Onnen, 224 17th Avenue SE. Onnen approached the Commissioners and stated that he is requesting an Interim Use Permit for his household. With no one present to speak about the proposed Interim Use Permit, the public hearing was closed at 7:03 PM. Weyrens advised the Commissioners that this was the most complete application that the City has ever received and it was done proactively. Deutz made a motion to authorize the Planning Commission Chair and City Administrator to execute the Resolution recommending the Council issue an Interim Use Permit to Jordan Onnen to operate an owner occupied rental unit at 22417th Avenue SE. The motion was seconded by Rieke. Discussion: Kalinowski and McDonald noted minor changes to be made to the Affidavit of Residency. The motion passed unanimously. Rieke questioned whether there is any education that goes along with the approval of the Interim Use Permit. Weyrens replied that, once it is approved, the property owner will receive a letter which indicates the process of securing and renewing the Interim Use and Rental License process. Ordinance Amendments: a. Farmer's Market [Outdoor Market]: Weyrens stated that a section for Interim Use has been added and the existing language regarding rental permits has been moved. There were no changes to the language, simply moving the language within the Ordinance. February 1, 2010 Page 2 of 3 b. Outdoor Dining [Sidewalk Cafe]: The Commissioners questioned several items relating the proposed Outdoor Dining /Sidewalk Cafe Ordinance. • Section B Subd. 6 states `Patrons shall not be served food or beverages outside, except that employees may refill beverage containers in the seating area." Deutz commented that the wording is contradictory. Rieke questioned why the employees cannot take orders outside to which McDonald explained the difference between a "Sidewalk Cafe" and "Outdoor Dining ". An example of a "Sidewalk Cafe" would be either Kay's Kitchen or the Local Blend. On the other hand, the Stonehouse is an example of Outdoor Dining. He stated that a "Sidewalk Cafe" is more of an informal setting. Orcutt added that in such an area, there is not enough room to have formal dining. Deutz requested clarification and Weyrens suggested adding definitions. • Section B Subd. 5 states "Establishments holding an on -sale intoxicating liquor license shall not be eligible for sidewalk cafe approval. At no time shall the sidewalk cafe area be used for consumption of alcoholic beverages." McDonald questioned whether both sentences are needed. The purpose of paragraph 5 is to state that alcohol is not allowed outside in a "Sidewalk Cafe" setting. It was suggested that the first sentence be removed. Section B Subd. 1 states `Sidewalk Cafes shall be limited to the placement of tables, benches, chairs on portions of sidewalks immediately adjacent to the business operating them." Deutz stated his concern with this in that, at times, Bo Diddley's will put up tables and chairs in the alley adjacent to their property. He would like it to read "portions of property immediately adjacent" rather than "sidewalks immediately adjacent ". Deutz also stated that, at no time, should people be able to sell or distribute alcohol on City property and sidewalks are considered City property. Rieke discussed the possibility that someone may take an alcoholic beverage onto the street and there should be some enforcement from the establishment. Weyrens suggested adding a provision regarding the liquor license to this Ordinance as well. c. Parking: McDonald stated that, with reference to the Farmer's Market events, they have talked about a parking plan and he questioned whether they need to meet the same requirements as other businesses. All other businesses are required to have paved parking areas. Weyrens advised the Commissioners that the Interim Use Permit are not attached to the property as are special use permits. Therefore requirements of an Interim Use Permit can be specific and of such a nature that when the uses ceases the provisions expire as well. The current Farmers Market was approved under Ordinances that were in affect at that time, therefore they would not be required to meet new standards. The Planning Commission has the latitude to determine what the parking requirements would be for a transitional use. Rieke questioned Ordinance 52.32 Subd. 6.2 which states that `Any temporary structure placed on the property for such sales must be removed at the end of selling season or sale. The size of the temporary building shall not exceed 120 square feet ". He questioned whether that refers to the temporary structures that come up and down for each event. Weyrens clarified that this section refers to the structures that are up for the entire season. Deutz stated that for the markets that are seasonal or done on a weekly /monthly basis, he does not see a need to regulate parking the same as other businesses. He added that there is not enough parking in the City the way it is. Deutz stated "people attract people ". If people see a lot of cars in St. February 1, 2010 Page 3 of 3 Joseph, they will stop. Weyrens stated that with these types of events, there is more flexibility with how the current parking ordinance is written. She added that these ordinance amendments will need a public hearing. She suggested that they be brought back to the Commissioners one more time prior to conducting the public hearing. When Annie's Outdoor Market was considered, it was approved using a Special Use Permit and they were very strict on parking. McDonald stated that the City does not want a carnival atmosphere on a main corridor into town. With respect to Ordinance 52.12 Subdivision 10 relating to the parking of recreational vehicles, Weyrens stated that item V and VP were deleted due to redundancy. Deutz questioned the difference between a snowmobile trailer and a construction trailer. Weyrens advised Deutz that neither are allowed if they are more than 22' in length. Deutz also questioned if mobile homes, etc are excluded. Weyrens advised Deutz that there are different restrictions for those vs. trailers. Deutz concluded by stating that many construction trailers are less than 22'. Adjourn: Deutz made a motion to adjourn at 7:40 PM; seconded by McDonald and passed unanimously. d :eyr n dm trator