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HomeMy WebLinkAbout2010 [04] Apr 05April 5, 2010 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, April 5, 2010 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Sr. Kathleen Kalinowski, Commissioners Ross Rieke, Mike McDonald, Mike Deutz, Brian Orcutt, John Meyer, Dale Wick and City Administrator Judy Weyrens Others Present: Steven Derdoski, Al Stellmach Approval of the Agenda: Deutz made a motion to approve the agenda with the following addition: Add Joint Meeting — Orderly Annexation The motion was seconded by Wick and passed unanimously. Approval of the Minutes: Wick made a motion to approve the minutes with minor corrections. The motion was seconded by Deutz. Ayes: Kalinowski, McDonald, Deutz, Orcutt, Meyer, Wick Nays: None Abstain: Rieke Motion Carried 6:0:1 Interim Use Update — Adam Lommel: Weyrens advised the Commissioners that the City Council denied the request of Adam Lommel for an Interim Use Permit at 132 8th Avenue. The Planning Commission had recommended approval with contingencies. Since the use was denied, the property cannot function as a rental unit. The police department has verified that the property appears to be vacant. Public Hearing, Interim Use Permit — Steven Derdoski, 712 7th Avenue NE: Kalinowski opened the Public Hearing. Weyrens stated that the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental at 712 7th Avenue NE. The property is legally described as Lot 12, Block 2, Northland Plat 5. 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. The request for Interim Use was submitted by Steven Derdoski. Derdoski approached the Commissioners and stated that he is seeking an Interim Use Permit so that he may rent a portion of his home to help offset the mortgage cost The public hearing was closed as there was no one present wishing to speak. Meyer thanked Derdoski for taking the time to submit a complete application for Interim Use. Meyer made a motion to authorize the Planning Commission Chair and Administrator to execute the Findings of Fact recommending the Council issue an Interim Use Permit to Steven Derdoski to operate an owner occupied rental unit at 712 7th Avenue NE. The motion was seconded by Rieke and passed unanimously. Ordinance Amendments: Weyrens stated that the Commission has previously discussed a correction to the Parking Ordinance as well as Ordinances relating to Outdoor Dining and Flea Markets. She questioned whether there are any other Ordinances that the Commission would like to discuss. McDonald asked for clarification as to which Parking Ordinance Councilor Loso was referring to. Weyrens stated that he was referring to Ordinance 84 relating to Winter Parking. Wick added that there was also some April 5, 2010 Page 2 of 4 discussion about the length of time that vehicles can be parked on the streets, whether it is 72 hours or 24 hours. Weyrens asked the Commissioners to let her know prior to April 19 if there are any others. If not, she would like to schedule the Public Hearing for the May meeting. Joint Meeting — Orderly Annexation: Weyrens stated that a proposed joint meeting of the Councils /Board from St. Joseph Township and City of St. Joseph and a staff member from Stearns County Environmental Services is proposed for April 19, 2010. Weyrens advised the Commissioners that Waite Park has not yet confirmed the meeting on April 19; however, they meet tonight as well. Staff members from St. Joseph, Waite Park and Stearns County have been meeting on the process for land use applications. The current process is cumbersome for the property owner and does not appear to be functioning in the manner for which it was intended. Weyrens presented the Commissioners with a draft Land Use Management Flow Chart which is a simplified illustration of the proposed process. Since St. Joseph Township has similar Orderly Annexation Agreements with St. Joseph and Waite Park, they have a desire to have one process that will be effective in both Cities. Stearns County Environmental Services is supportive of the process as they too agree the process needs to be simplified and expectations identified. The proposal identifies Stearns County as the Zoning Administrator who will accept land use applications and forward staff comments to the City. The staff comments will be based on the Stearns County Ordinances. It will then be up to each City to review the application as it relates to City specific documents such as the transportation and comprehensive plan. The application will then be considered by a Joint Planning Board who will have final authority. The Board will consist of three members from the City and Township and the Stearns County Commissioner for this district. Weyrens stated that the proposed draft is for discussion only and the meeting on the 19th is a presentation of the concept. Public Hearing, Interim Use Permit/Variance — Tom Borresch, 9 17th Avenue NE: Kalinwoski called the hearing to order and stated that the purpose of the hearing is to consider an Interim Use permit to allow outdoor sales and a variance to place items within the view shed of CR 75. The property is legally described as Lot 002, Block 001, Neu Addition, located at 8856 Ridgewood Road. St. Joseph Code of Ordinances 52.07 subd. 4(a) allows for an Interim Use Permit as follows: Purpose: The purpose and intent of allowing an interim use is: 1) To allow a use for a limited period of time that reasonably utilizes the property in the manner not permitted in the applicable zoning district, 2) To allow a use that is presently acceptable but that, with anticipated development may not be acceptable in the future. St. Joseph Code of Ordinances 52.21 limits the storing or display of goods from the view of the corridor roadway. The request for Interim Use and Variance has been submitted by Tom Borresch. Kalinowski opened the Public Hearing. Al Stellmach approached the Commissioners in reference to the proposed Interim Use. He stated that he owns Ridgewood Storage adjacent to the property seeking a variance and he has no objection to the proposed use. The public hearing was closed at 7:13PM. McDonald began by stating that he does not believe that the sheds located entirely on his property. Meyer questioned the Standard Procedures if the property owner requesting a variance /interim use does not attend the public hearing. Weyrens stated that in the past the Commission has tabled action on the matter, notifying the property owner that unless they attend the next regular scheduled meeting, the Commission may deny the request. April 5, 2010 Page 3 of 4 Meyer made a motion to table the request of Tom Borresch for an Interim Use Permittvariance at 8856 Ridgewood Road. The motion was seconded by Orcutt. Discussion: Wick questioned whether this will meet the 60 -day rule to which Weyrens stated it would. Deutz stated that there are a lot of things to be discussed and asked for some history on the property. Weyrens advised the Commissioners that the application came in late with the initial application for a Special Use Permit. In reviewing the proposed used, the correct process would be an Interim Use Permit. Since the subject property is in Corridor Overlay District a variance was needed to place outdoor sales in the front yard green space. After the application was reviewed it was determined that the existing building is constructed across the property line. In additional the outdoor sale items are located on property not owned by the petitioner. While reviewing the current land use request, the previous land use items were reviewed. The existing facility was allowed through the issuance of a variance and special use. The variance provided relief from the exterior requirements and the special use allowed a warehouse facility in the B2 Zoning District. The special use limited the storage of material to that used by MN Home Improvement or Leaf Guard. In a separate action, the property owner secured an interim use permit to allow trailer sales at the property owned across CR 75, located at 9 — 17th Avenue NE. The Interim Use was approved for a one year period. If the property owner wished to continue the use, the parking lot must meet the Ordinance regulations. At this time the property is not compliance with the Ordinance and the Trailer Sales are still occurring. Weyrens stated that Borresch was contacted on Friday and the morning of this meeting and he did not return the calls. Staff had wanted to discuss some of the outstanding items. McDonald questioned Weyrens as to how a building is constructed outside the property line. Weyrens stated that at the time the facility was constructed the City outsourced the Inspection Services and once the permit was issued, the inspector was to complete the necessary inspections. The prints submitted to the City indicated the correct setbacks, but what happened in the field cannot be traced. The building inspector relies on information from the property owner. The process today is much different. McDonald then questioned the use of viewsheds and stated that he cannot see how this fits in entirely with CR75. He believes that a viewshed should be used to protect something of value to nature. In his opinion, there needs to be a compromise somewhere. Orcutt stated that used car lots are required to have asphalt and while reviewing the site before the Commission the existing parking lot for the facility is not paved nor is the area where the accessory buildings are located. He questioned Weyrens as to whether or not this is like a used car dealership and if bituminous surfacing should be required. Weyrens replied that car lots are approved through the Special Use Permit process and the allowance for the use remains with the property. An Interim Use Permit is a temporary use that is not permitted in the specific district, but is a use that is acceptable short term. Interim Use Permits have specific terms that expire. Meyer added that the property being discussed operated in the Township as a business and the regulations in the Township were not as stringent. Uses and conditions allowed in the Township are not necessarily those accepted by the City. Therefore some of the concerns are grandfathered. The Planning Commission; however, has the authority at this time to request modifications so the property is conforming. With reference to Ordinances 52.21: Transportation Corridor Overlay District and Design Standards, Deutz stated that he would like to review the entire ordinance, in a working session, April 5, 2010 Page 4 of 4 rather than picking out certain items for discussion. According to Deutz, it is apparent that the Ordinance was not followed with either the Coborns project or the CentraCare project. He added that the City cannot pick and choose who to apply the Ordinance too. McDonald agreed. Weyrens suggested that they discuss this at their meeting in May and hold the Public Hearing in June. Meyer added that 300' does seem extreme for a setback in the Overlay District. Wick clarified that if this item is tabled until the May meeting, the public hearing would be closed. Weyrens replied that no additional public testimony would be accepted; however, Borresch would be able to speak regarding his request. The motion passed unanimously. Rieke questioned when the working session will take place. Weyrens suggested that it be held after the regular scheduled meeting in May. Orcutt stated that it is important that the City not change the Ordinance to fit this situation. Code of Conduct: McDonald questioned Wick as to the need for the Code of Conduct. According to McDonald, it seems as though there has been some conflict between board members; however, he does not feel that by restating state law the conflict will be fixed. He stated that he would like to know precipitated the need. Wick replied that the League of Minnesota Cities [LMC] has provided the Cities with model language for both the Code of Conduct and Ethics Policy. The documents are the result of a subcommittee of government officials and LMC staff members. Adopting the Code of Conduct provided a local reference for the Statute that is readily available. The value statements are aspirational in nature and not enforceable. He agreed that this will not fix the problem. McDonald again stated that would like to know what brought this whole matter to the table for discussion. Rieke stated that is his understanding that whatever happened is in the past and does not need to be discussed. Meyer questioned if all board members will receive a copy of the Ordinance relating to Code of Conduct. Weyrens advised the Commissioners that once it is published, copies will be distributed. McDonald added that it is impossible for any of the board members to live up to all of those value statements and stated that they are non - enforceable. Wick stated that those value statements are simply those things that residents expect from City Officials. Deutz questioned why this Ordinance was not discussed by the Planning Commission. Wick replied that it was not brought before the Commission as it was not a zoning issue. Deutz expressed frustration that the matter was discussed before the EDA with a recommendation forwarded to the City Council. Adjourn: Deutz made a motion to adjourn at 7:45PM; seconded by Meyer and passed unanimously. JU Veyren Ad i istrator