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HomeMy WebLinkAbout[03] Minutes - Aug 2, 2010 Planning Commission Agenda Item 3 ITfl OF NT. JCJSF PEC MEETING DATE: September 13, 2010 AGENDA ITEM: Minutes — August 2, 2010 SUBMITTED BY: Administration STAFF RECOMMENDATION: Approve the minutes of August 2, 2010. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: ATTACHMENTS: Request for PC Action 1 -2 Draft PC Minutes — August 2, 2010 3 -6 REQUESTED PLANNING COMMISSION ACTION: Approve the minutes of August 2, 2010. Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, August 2, 2010 at 7:OOPM in the St. Joseph City Hall. Members Present: Chair S. Kathleen Kalinowski, Commissioners Ross Rieke, Rick Schultz, Mike Deutz, Brian Orcutt, John Meyer, Dale Wick and City Administrator Judy Weyrens. Others Present: Luke Birr, Linda Sniezek, Mary Long, Pok Hughes, Bryan Virnig, Paul Krey, Tim Ebel. Approval of the Agenda: Wick made a motion to approve the agenda as presented. The motion was seconded by Meyer and passed unanimously. Minutes: Orcutt made a motion to approve the minutes of July 6, 2010 with minor corrections as noted. The motion was seconded by Meyer and passed unanimously. Deutz stepped down due to a conflict of interest. Annual Interim Use Permit Review: Weyrens presented the Planning Commission with the list if Interim Use Permits requiring annual review by the Planning Commission. The Interim Use Permits needing review can be divided into two categories: • 61/62 Zoning Districts: The Interim Use Permits issued to properties withinlhe B1 and B2 Zoning Districts area roved for a three-year period and are not -r pp y p required to be owner- occupied. • RI Zoning Districts: The Interim Use Permits issued to properties within the R1 Zoning District are required to be owner - occupied Weyrens stated that with the exception of the property owner at 212 Ash Street E, Luke Birr, the City Office has received renewal applications forms and the properties have been managed in accordance with the Ordinances during the prior license period. With regard to Luke Birr, Weyrens stated he did contact the City office recently and is working on bringing his property into compliance. However, he did not complete the prior year rental license process and he will have to resolve that issue before moving forward. Luke Birr, 212 Ash Street E, approached the, Commissioners and stated that there were some communication issues between the City and himself as notices were originally being sent to the property address rather than his PO Box. As a result, he was unaware that there was a problem. He is now working with Weyrens to do whatever he can to resolve the issue. Weyrens re- stated that the house has never been inspected by the rental housing inspector. Wick questioned how that happened. Weyrens responded that she is not sure how this lapsed, but agreed with Birr that there have been some communication issues regarding this property. She advised the Commissioners that a series of notices were sent out to Mr. Birr; however, only one was returned to City Hal so the City Office was attempting to communicate with Birr. Linda Sniezek also approached the Commissioners regarding the above mentioned property. As Luke's Aunt, she stated that she was working with the inspector last year to get the properties inspected and, due to health issues, the inspections were delayed and perhaps that is the cause for the lapse. She added that she feels partially at fault. Wick questioned Weyrens as to where the paperwork is for this renewal. Weyrens responded that it has not yet been returned. Wick made a motion to table the renewal of the Interim Use Permit for Luke Birr, 212 Ash Street E, until the next meeting. The motion was seconded by Meyer and passed unanimously. Weyrens advised the Council that Ryan Pekarek, 114 1 Avenue SE, has withdrawn his application for renewal of the Interim Use Permit. Meyer made a motion to approve the renewal of the following Interim Use Permits for owner - occupied rentals in the R1 Zoning District: Brian Shields 321 Cypress Drive Bryan Virnig 418 Elena Lane Crystal Hughes 415 7th Avenue SE Linda Hutchinson 133 5 th Avenue SE Michael Bader 101 5 Avenue NW Travis Fruth 220 17 Avenue SE The motion was seconded by Schultz and passed unanimously. Meyer made a motion to approve the following Interim Use Permits for non -owner occupied rental units in the B1 and B2 zoning districts. Dale & Diane Schneider 409 College Avenue N Deutz Properties 30 Birch Street E Deutz Properties 119 College Avenue N Irma Hoffman 1041 Avenue NW Tom Du!linger 34 College Avenue N The motion was seconded by Schultz. Discussion: Deutz asked the commissioners to consider one date for renewal of these Interim Use Permits since some expire during the year. Meyer agreed. Amendment to the Motion: The IUP for 409 College Avenue N and 30 Birch Street E will be extended for an additional three years. A11 of them will be renewed on August 1 of the year in which they are scheduled to expire. The motion passed unanimously. Deutz returned to his seat Public Hearing — Interim Use Permit, 302 7 Avenue SE: Kalinwoski 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 7 Avenue SE. The property is legally described as Lot 6 and W 10' of Lot 5, Block 2, Cloverdale Estates. 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 a property is owner occupied, the owner must be a natural person, and all owners must occupy the property as their principal residence. The owners must not exceed two in number. For purposes of determining ownership, the owneriowners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as proof of ownership. The request for Interim Use has been submitted by Mary Long, 302 7 Avenue SE. Mary Long, 302 7tn Avenue SE, approached the Commissioners to speak regarding her request for Interim Use. She stated that she will be a sophomore at the College of St. Benedict. The property was previously owned by her sister; however, she has moved out. Weyrens stated that she has received two written public comments regarding the Interim Use. • The first letter was sent anonymously and expressed concern with how the property has been managed over the past year and requests the Commission to grant the Interim Use Permit. • The send letter was received from Larry & Mary Wensmann. They stated that they are concerned about the upkeep of the yard as well. They have also had some issues with dogs at the residence. They have had considerable dog waste on their property. In response to those concerns, Long stated that, recently, she had been out of town so the yard was not maintained. She will do better with the upkeep of the yard. Long advised the Commission that one of the prior tenants had a dog so this should not be an issue going forward. Deutz made a motion to accept the findings of fact and recommend the City Council issue an Interim Use Permit to Mary Long, 302 7'" Avenue SE. The motion was seconded by Schultz. Discussion: Deutz questioned whether or not there were any police reports for either the weeds or the dogs. Weyrens stated that there were no reports; however, the police department is aware of the issues. Orcutt stated that there is nothing in the Ordinance which states how those types of violations should be handled. According to Weyrens, an Interim Use Permit is a right and privilege and can be revoked at any time. Schultz added that it would be nice to draft a set of guidelines on how these types of violations should be handled. Currently, this is very arbitrary. Meyer suggested that the R1 Ordinance be amended to include some parameters for violations. Weyrens stated that there are so many violations and they are very subjective. The motion passed unanimously. Discussion of Chickens in the R1 zoning district: Paul Krey, 612 Hill Street W, approached the Commissioners to request allowing chickens in the R1' zoning district. Recently, after speaking with Weyrens and Chief Jansky, he was advised that he was not allowed to have chickens at his residence. Kalinowski questioned Krey as to how many chickens they currently have to which he replied that they have 14 birds on the property. Krey suggested that if the City does allow chickens, they do not allow any roosters due to the noise. Krey advised the Commissioners that chicken coops are roughly the size of a dog kennel. Weyrens stated that this is not the first issue with chickens in the City. In the other cases, the property owner has been asked by the police to remove the chickens. Krey stated that they would like to raise chickens for the eggs, not for butchering purposes. Weyrens advised the Commissioners that this type of Ordinance Amendment would need a public hearing. Krey mentioned that he has a few sample Ordinances from other cities and he will provide those to Weyrens. She stated that she will update the Council on this request, but stated that the Planning Commission controls zoning ordinances. Orcutt questioned how the City would keep track of the chickens within the City. Meyer stated that in other cities, they charge an annual fee for chickens. Rieke questioned Krey as to whether or not he was given a deadline for the removal of the birds. Krey responded that he plans to remove the birds. Ordinance Amendments: Weyrens stated that staff compiled all of the ordinances that have been reviewed over the past few months. She added that these amendments will need a public hearing. • 52.06 — Building Permits Required: This ordinance was amended to be consistent with the state building code. Schultz suggested that the ordinance include a definition of routine maintenance as well as a grid for clarification. • 52.10 — Off Street Parking: This ordinance was amended to include the requirement of hard surfaces for parking pads as well as relief of curbing in the downtown area if there is adequate drainage. Orcutt questioned who enforces parking pads to which Weyrens replied the Police. Weyrens added that the issues are not only with rental properties. • 52.12 — General Performance Standards: Weyrens stated that this Ordinance was amended to include the fence standards found in the Corridor Overlay District Ordinance. There were some conflicts with Ordinance 84 that were removed as well and put where they belong. • 52.21 — Transportation Corridor Overlay District: Previously, there was discussion about removing this ordinance; however, it is important to have this as an overlay ordinance. • 52.22 — Outdoor Dining: This is a new section that was added. Schultz questioned subd. 4(e) relating to alcohol. Weyrens explained that they can have alcohol outside if the area has a fence around it which meets the specifications of the liquor ordinance. Rieke clarified that the sidewalk is not the property of the property owner. • 52.32 — B2 Highway Business: This Ordinance was amended to remove farmers' market as a use permitted under a Special Use and added as an Interim Use. The provision for rentals was also moved within the Ordinance. It was also amended to state that if a development plan is submitted and all requirements are met, it does not need Planning Commission approval. Wick questioned Subd. 2 which defines the permitted uses. Those that are listed include those that are already found along CR75. He stated that it is hard to define what types of uses would need a variance. Weyrens suggested that a Development Committee_be set up to meet and review all development plans. Meyer questioned whether or not fees are incurred every time a development plan is submitted. Weyrens replied that not all plans are reviewed by the City Engineer. Wick questioned "Multiple Retail" as a permitted use and suggested that it read simply retail. Weyrens stated that it already reads that other uses approved by the Planning Commission would be permitted uses as well. Deutz suggested that the Planning Commission list what they do not want to see. Rieke stated that if a certain use is not prohibited, it would be hard to disapprove and that would make it hard to disallow certain uses. Meyer stated that it seems as though the City is trying to micromanage what is allowed along CR75. There are already Ordinances in place for such, • 58 — Telecommunication and Antenna Ordinance: Weyrens advised the Commissioners that the title of this Ordinance was amended to include Antennas. She added that a definition for antenna was also added to section 58.02. This amendment will require a public hearing. • 84 — Parking: Weyrens reported that the off- street parking requirements were removed as it is already in the ordinance. A definition was also added for parking pads. The length of on- street parking was amended from. 24 to 72 hours. There were also some minor changes made to the commercial parking regulations. According to Meyer, the commercial vehicle parking regulations are very broad. Weyrens advised the Commissioners that they get more complaints of commercial vehicle parking. Orcutt stated that pickups could be considered a commercial vehicle and it does not only refer to large commercial vehicles. The Commissioners were advised that the amendment to this Ordinance does not require a public hearing. • 52.35 Educational and Ecclesiastical District: Weyrens explained that when the Health Care Clinic came up as a use in this district, it was found that this Ordinance did not include any guidelines for parking. This amendment includes the provision that the parking can be included with other parking available on the property. The Planning Commission concurred to schedule a public hearing to consider possible recommendation to the City Council to adopt the proposed Ordinance Amendments that have been considered. September Meeting: Since the next regular meeting of the Planning Commission is scheduled for Labor Day the next meeting will be either September 6 or September 13. Adiourn: The meeting was adjourned at 8:00 PM by consensus. Judy Weyrens Administrator