HomeMy WebLinkAbout[05] WJ Properties Variance Request LAMBERT & ASSOCIATES
122 SOUTH WATER STREET
STILLWATER, MN 55802
MICK L. CONLAN PHONE: (651)689 -2201
ATTORNEY AT LAW FAX: (651)689 -2205
September 1, 2011
VIA FIRST CLASS MAIL RECEIVED
Stearns County, Minnesota
Environmental Services Department SEP 0 0 2011
Administrative Center Room 343
705 Courthouse Square ENVIRONMENTAL SERVICES
St. Cloud, Minnesota 56303
Re: Addendum to the Resubmitted Construction Permit, Variance, and
Conditional Use Permit Requests
To Whom It May Concern,
My name is Mick Conlan and I represent W.J. Properties, Inc. (the "Park "), the owner of
the property located at 517 1 Ave. NW, St. Joseph, Minnesota 56374 (parcel ID No.
31.21398.0000 and 31.20714.0000, hereinafter the "Property"). The Park has submitted a request
for a Construction Site Permit, Variance, and Conditional Use Permit for the installation of a
garage at the Property. Below, please find addendum information submitted in support of these
applications.
Prior to a Township hearing on the Park's initial attempt to secure these requested
permits, the Park withdrew applications based upon correspondence provided by Mr. Kirby
Dahl, counsel for the St. Joseph Township. The Park is hereby resubmitting these applications
with the following highlighted changes:
1. The subject Property now includes Parcel I.D. Numbers 31.21398.000 as well
as 31.20714.00.
2. The square footage of the subject Property is now 37,307 sqft.
3. If the Park's plan is approved, the impervious surface coverage of the subject
Property would grow to 11 %.
4. The remaining issue to be addressed during the Variance and Conditional Use
Permit process is the location of the garage; both the setback distance from the
street, and its location (closer to the street than the home).
Background:
As you may be aware, W.J. Properties, Inc. operates a manufactured home park located
directly south and east of the Property (PIN 84.53796.0000). The Park provides much needed
low- income housing and home ownership opportunities in a safe, clean and family friendly
environment.
To ensure the professional operation of the Park, W.J. Properties, Inc. employs two on-
site managers who reside in a home on the Property. W.J. Properties, Inc. agreed to purchase a
garage for use by the on -site managers as a reward for their hard work and successful operation
of the Park.
Unfortunately, the placement of the garage occurred without the proper permitting and
Township hearings. While an on -site manager did attend a township meeting in 2008 in which
this individual was told that the Park would be required to complete certain paperwork prior to
installation, the installation occurred in 2011 before this process was initialized. This was a
mistake and it is regrettable.
The garage was installed and is currently located in a position on the Property that it not
compliant with the Township Code; it is placed in a location that is closer to the street than the
main residence (please see attached drawing and specifications submitted with this Variance
application). Additionally, the garage is 51 feet from the centerline of 1" Avenue NW, and is
required to be 63 feet from the centerline. We are seeking a Variance to allow the detached
garage to remain in its current position on the Property.
Application Considerations:
We believe that a Variance to the Code is appropriate in these circumstances for several
important reasons. First, the Variance is consistent with the spirit and intent of the zoning
ordinance and comprehensive plan. This request calls for a small variance to a single provision
relating to accessory uses contained within the zoning code. This variance would not conflict
with the broad vision of orderly development depicted in the County Comprehensive Plan. The
purpose of the Urban Expansion District being the "efficient staging of urban services ", the
impact of a permitted variance to the setback requirements for this accessory use would not
contradict the purpose and intent of the Township Zoning Ordinance.
Second, the proposed use is reasonable. As the depictions submitted with the request
demonstrate, the detached garage is located behind pine trees that act as a border to the street and
right of way. Additionally, the Property itself is located at the dead -end of an interior street to the
Park. This street is no longer plowed or regularly maintained by the Township, and is not a
thoroughfare for non -Park travel. Finally, the garage has been placed directly adjacent to the
residential home's driveway in a manner that is attractive and not unreasonable (please see
attached photographs). Proper minimum spacing from surrounding parcels exists, and the
detached garage is a permitted accessory use under both the Steams County Zoning Ordinance
and the Township Zoning Provisions pertaining to Urban Expansion Zones.
Third, the need for a variance is due to the unique nature of the Property. While the
parcel map demonstrates other seemingly appropriate areas in which to locate the structure, the
parcel map does not depict the large developed trees which prevent the placement of a structure
of this size in other parts of the Property. (See photographs). To do so would mean that these
trees would need to be destroyed; thus changing the value and nature of the Property itself.
' Memorandum of Understanding between the County of Stearns, The Township of St. Joseph, and the City of St.
Joseph (Join Powers Agreement), Attachment 2, Section A, Paragraph 1.
2 Stearns County Zoning Ordinance (as amended May 25, 2011), Section 9.15, "Urban Expansion Zone"
Forth, the issuance of the variance will preserve the essential character of the locality. As
the surrounding areas of the Property are within the interior of the manufactured home park, the
addition of a single detached garage will not effect the essential character of the property. Much
as the Park is clean and well maintained, the residential home and the detached garage are
attractive and well kept. As stated previously, the placement of the home at its current location
preserves the trees and is largely unseen behind the large brush fence. (See photographs).
Fifth, alternative courses of action for alleviating the need for a variance are impractical
or infeasible. As stated above, the unique nature of the Property requires that any alternative
placement of the garage would lead to the removal of large trees. This would drastically change
the nature of the Property in greater proportion than the current placement of the garage.
Additionally, new portions of the existing driveway would need to be constructed; further
increasing the impervious surface of the Property.
Conclusion:
The Park is committed to working with both the County and Township to achieve a
desirable result. The Park is open to the possibility to creating a causeway between the garage
and the home; the end result being an attached garage rather than a detached garage. My client
looks forward to engaging in a constructive dialogue on moving forward to meet the concerns of
both the Township and the County.
Thank you very much for your time, and I look forward to working with you to resolve
this matter.
Sincerely,
LAMBERT & ASSOCIATES
4fiLCQ
Mick L. Conlan
Attachments
cc: Mr. Kirby Dahl
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RECEIVED
APPLICATION FOR CONDITIONAL USE PERMIT SEP U 6 2011
General Application
Environmental Services Department Ef v MENTAL SERVICES
Administration Center Rm 343 - 705 Courthouse Square - St. Cloud, MN
320 -656 -3613 or 1- 800 - 450 -0852 - Fax 320 -656 -6484
As set forth in Section 4.8 of Stearns County Zoning Ordinance #439
Application Fee: $ File No. Receipt No.
SEE ATTACHED CORRESPONDING NUMBER FOR EXPLANATIONS
Property Owner tM . 5. •rttt 4 Inc, • Phone
Mailing Address 12.2. S. U`)e.+e.0 't ec.f All wader( I OW S509 2.
Property Address 5f 7' It Ake. Wdd , St. $p01, and 61 074
Parcel I.D. Number 3/. 2 /3113.0000 F 3I.20 ?14.0000Township 114 Section Ool a.Kd 18
Legal Description 4 er r ltirvt
Cscc. a�►ed Exh��, E A '' I � P
Zoning District K � i E Section of Ordinance I. !$-
Proposed Use 4 delta► of e " Section of Ordinance Mai, ebiMd allOtt 2 I A ,1
Overlay Districts V
o Shoreland: Water Body Name Lake No. Classification
o Floodplain
1. Detailed Description of Request plateau/ At f ate o At. forle.ehl AkiwitA
hki 4: 31. 2/319.0,06 aid V. 20 0000 •
2. Reason for Request T .J., r a t is J c d dated ted lb At afreef Iga.•r 6ec i1 e
• t>ksrti►�tt �► .&t. e€s,M lth€ 0.1 11%c tstreek . gsr•w5,4 iS 67 )461 (&,3 (*craft., J
3. What type of road access (a) and visibility (b) do you have? (show on site plan) e01.( 411444 .6
Ike 006 t`lill M4( Vig, ILL Rsdzis «.1 sit;re641, ANhialt attivelly 044113
Awry gi4 het is A dr .
4. How will you manage erosion (a) and storm water (b) on your property? twit awn nta*V
4/MMt r .. �
5. Grading plan required? Y ��
6. What type of fencing (a) and screening (b) will be provided to buffer the use from adjacent uses?
L0.ft f‘ifs c. 'tt 6 a ' 4b •rhe_ Pr pr'h( •ra O1re ck AAA
taltylterif .
7. Describe any lighting that will be located on the property? (show on site plan) trip i Want .
8. What type of parking and loading facilities will be on the property? (show on site plan)
'I've. % rev. tS.lt ?ravioli. poilr..tez — n a e ri d awne t:5
9. Describe any signage that will be located on the property? (off building - show on site plan)
Mont.. .
10. For signs on a structure, a building elevation is required:
Building and Setbacks (As shown on site plan)
11. Dimensions 34 C+ x 2944 17. Lot Size 37-301
12. Height 18. Lot Coverage 001. 4Sit t` f
13. Road type (ilia 19. Front (OHWL) Setback 51 ft"
14. ROW Setback 38 P1 20. Rear Setback lo f+
15. Centerline Setback Si Pt 21. Side Setbacks 22 f+ f lqS 1'
16. Feedlot Setback
Note: In order to fully evaluate the proposed use, please supply a site plan map that shows all
applicable distances, setbacks, buildings, roads, etc.
Property Owner's Signature J1 It , ofiavowy ✓ "OS Date t/1 /Zal(
f!
Signature of this application authorizes Environmental Services Staff to enter upon the property to perform needed inspections.
Entry may be without prior notice
For Office Use Only
• Wetland Data — Are Hydric soils present? ( ) Yes or ( ) No Are there any limitations? ( ) Yes or ( ) No
Specify any site limitations
Flood Plain Data — Certification of bottom floor elevation above the Regulatory Flood Protection Elevation
Required? ( ) Yes or ( ) No If yes,' list the elevation and provide form ( ).
EXHIBIT A
Property Legal Descriptions
Parcel 1.
Property located in the County of Stearns, State of Minnesota:
Lot 1, Schneider's Addition.
Parcel 2.
Property located in the County of Stearns, State of Minnesota:
An unplatted tract of land lying North of Lot 1, Schneider's Addition and being part of the West Half of
the Northwest Quarter of Section 10, Township 124 North, Range 29 West, described as follows:
Beginning at a point 292.38 feet North of the North line of Pine Street (now Birch Street) and 150 feet
West of the West line of San Francisco Street (now First Avenue N.W.), in the Village of St. Joseph, and
running thence North parallel to the West line of San Francisco Street aforesaid until its intersection with
the Southerly right of way line of the Great Northern Railway, thence running Southeasterly along said
Southerly right of way line, until its Southerly along the Westerly line of San Francisco Street aforesaid,
to a point directly East of the point of beginning, and thence Westerly to the point of beginning, except
that portion of land hereinbefore sold to the Village of St. Joseph set forth in Book 122 of Deeds, page
288, described as follows:
Beginning at a point in the Northwest Quarter of Northwest Quarter of Section 10, from which the
Quarter - Quarter corner on West side of Northwest Quarter of Section 10, Township 124, Range 29 bears
South 25 degrees West 484 feet; thence from said point of beginning North 6 degrees 30 minutes East
137 feet to the Railroad right of way; thence South 51 degrees East 261 feet along said Railroad right of
• way and thence North83 degrees West 221 feet to point of beginning and being a part of the NW 1/4 NW
Vs of Section 10, Township 124, Range 29
t
i/ p 4141111C" 9-M — WARRANTY DEED Minnesota Uniform Conveyancing Blanks (6/119'7) asia/paae co. • st. PMd, MK 661-642-less
r t• on or Partamship or I i omte Liability ab e
to isiem, Partnership err I.� Lability Company
No delinquent taxes and transfer entered; Certificate
- of Real Estate Value ( ) filed ( ) not required 1083365
Certificate of Real Estate Value No.
- 1, / / nr i n 2 'Alfa 03 OCT -2 PH 3= 47
(' IJ.t.f .-, SA .n STEARNS COUNTY- pN
/./ County-Auditor DIAA RE G�RUUHHOEFER
b S>••• 9Y.J nEPUTY
11 iK• ee u(4 Deputy .
i 1 1 - 2.1.VtIf
DEED TAX DUE: $___L ( O t { • (O
Date: Septrmhe . 2l(Y; tm owed for rwcrdias data)
FOR. VALUABLE CONSIDERATION, Summit Co mnnn_a„j -
a • limited liability enmpany under the laws of Minneonta
. Grantor, hereby conveys and warrants to W- 1 Prnlrrtiek Tnc: .
Oraetee, a mrlvw *inn under the laws of MID /manta .
real property in . Stearns County, Minnesota, described as follows: •
I See attached Exhibit A .
' together with all hereditsmenra and appurtenances belonging thereto, subject to the following exceptions: ),...._all
jlaaatnr dated 3►(gMmlrr 1y , 20(11
box if applicable:
r I e Seller the seller does not know of any wells on the described real property.
well disclosure certificate accompanies this document.
_ m fam iliar with the property described in this instrument and I certify that the status and number of wells
on the described real property have not changed since the last previously filed well disclosure certificate.
: SUMMIT COMMONS. LLC.
,
1 ii ¢ "Tin
STATE OF MINNESOTA Its !'hist Managgr .
COUNTY OF LAM.Sty err. By
IUS
This instrument was acknowledged before me on Septtnityde t'<
t by Mark W 1amhert and
the rbiaf Manager and
1
Of Summit Cnmmerte 1 T d'
limited liability min/sway Under the laws of Minnesota
on behalf of the Halbert liability warm
NOTAmAt. WNW 01 Motue*011ete MU C 1A
• sorucURE Manic/ MIX OR Online °Ma&
LARRY MOUNTAIN Check lace if part or all of the laud Is Registered (Torras) ❑
so1AiiY PUEUC - tl aaRad G Tat Somme ter the real property described is des taruoae,s should
Myexmm loom .an. 31, 2n66 be tent to Prelude tome sad address of Grantee):
IIIVIMAKOMPAMMAINWINWW
W. J. Properties, Inc.
Ian sursum6I WAS DRAMS lie (Mime AND AOOUSRI c/oSwnmlt Manegem6sd,LLC.
Mark W. Lambert 523 -54th Avetme North. 23
Lambert & Associates St. Cloud. MN 56303
910 US Bank Center
101 East Fifth Street ts
St. Paul, MN 55101 -1808 A+
. ► Phone: 651- 224 -4741; Fax: 651- 223 - 5318
Attorney Registration No.: 211539
VAIIIIINes UNKT41311173D OOPYINCS17Aa FOAM n9C1ea1TWD.
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: v _ • 9 -N1— WARRANTY DEED N'linnesota Uniform Com esancing Blanks (6t1;971 rne:e „oar, s Co. s St. Pad. MY. 651.6:7.198e
rr 1
• ! Corporation or Partnership or Limited Liability Company
to Corporation, Partnership or Limited Liability Company
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required 1 0 8 3 3 6 5
Certificate of Real Estate Value No. _
1 0 9 'Phil i I 03OCT -2 PH 3:47
l''' (Date) ,') 7 . , -
I f trIll'TY , : :c37.1+2
i,Y a..:- i.” (A 't %.- `,:=• i-.F4 STE;, jriS COUNTY. h114
County' Auditor DIANE GRt;PiUhOEFER
by I s Y 4= -PUTY
ii- "Xtri14 °u c, Deputy
I '31- 11`ieU °
DEED TAX DUE: $ 3L (
1
Date: _ tember y 2003 (reserved for recording data)
•
FOR VALUABLE CONSIDERATION, Summit Commons, .1 C_
a limited liability company under the laws of Minnesota
I Grantor, hereby conveys and warrants to W 1 Prnperiias, nc
I
Grantee, a — rorporation under the laws of Minnesota
real property in . Stearn* County, Minnesota, described as follows:
I See attached Exhibit A
•
together with an hereditaments and appurtenances belonging thereto, subject to the following exceptions: (i) all
casements rnvenantc conditions and . r ' 'r • • , • • • .. • ' . . • • utility easement in favar_of
Grantnr._dated S ptemhe �u ,2003
I
' Check box if applicable:
0 The Seller certifies that the seller does not know of any wells on the described real property.
n A well disclosure certificate accompanies this document.
se I am familiar with the property described in this instrument and I cenify that the status and number of wells
on the described real property have not changed since the last previously filed well disclosure certificate.
SUMMIT COMMONS, LLC.
i
�p Q34t136656 10/
1RE805 T S
S364.65 -
By /!✓ _`m. I
STATE OF 1VIINNESOTA } Its Chief Managrr
. J JS. B } ,
COUNTY OF RAMSEY ))) --
Its — I
I This instrument was acknowledged before me on Septemherl9 2001
' I (Dam;
by Mark W 1 amhrn and
t the Chief Manager_ ._- and of Summit f nmmgns, 11 Cw
a limited liability company _ under the laws of Minnesota _
•
• on behalf of the limited liability co_mp
NOTARIAL STAMP OR SEAL IOR OTHERORIGAMI): it ORIGAMI): —)
. R SIGNATI:RE OF VOTARY PUDIC OR OTHER OFfIC1At.
0.'"?• LARRY MOUNTAIN Check here if pan or all of the lard is Registered ('rorretas)
�. 110T,i -.Y PUS). ■C - %1I\NESGTA Tax Statements for the real property described in this instrument should
r
Any Comm. E.r.Las +an. 31, 2CD5 be sent to (iaaude Dame and address of Grantee):
• s
W. .1. Properties, Inc.
IBIS INSTRUMENT NAS MIAMI) DV INAME AM ADDRESS): C/o Summit Management, LLC.
Mark W. Lambert 523 - 54th Avenue North. #23 I
Lambert & Associates St. Cloud, MN 56303 LSuAr ° O TT1,. `. Iy � 1
910 US Bank Center BU;T. •? •••- °
101 East Fifth Street r 19CO sp • -
St. Paul, MN 55101 -1808 e _ -" • -
,i.:., ------72(7 Z
1 Phone: 651- 224 -4741; Fax: 651- 223 -5318 _ ._Y_.
i Attorney Registration No.: 211539
t WARNING: UNAUTHORIZED COPYING OF 11115 FORM PROHI8 :TED.
■
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\A l. . J . Properties Date Created: 7/26/2011
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31.21373.0000 SE NW SW NE
31.20623.0000
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NE SE 31.20632.0002
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EXHIBIT A
Lots One (1) and Two (2) in Schneider's Addition, according to the plat and survey thereof on file and of record
in the office of the County Recorder in and for Stearns County, Minnesota.
ALSO an unplattod tract of land lying North of Lot 1, Schneider's Addition and being part of the West Half of
the Northwest Quarter (WA NW S) of Section Ten (10), in Township One Hundred Twenty -four (124) North, of
Range Twenty -nine (29) West, according to the U.S. Government Survey thereof, Stearns County, Minnesota,
described as follows:
Beginning at a point 292.38 feet North of the North line of Pine Street (pow Birch Street) and 150 feet West of
the West line of San Francisco Street (now First Avenue N.W.) in the Village of St. Joseph, and running thence
North parallel to the West line of San Francisco Street aforesaid until its intersection with the Southerly right of
way line of the Great Northern Railway; thence running Southeasterly along said Southerly right of way line,
until its intersection wl h the Westerly line of San Francisco Street in the Village of St. Joseph; thence Southerly
along the Westerly line of San Francisco Street aforesaid, to a point directly East of the point of beginning, and
thence Westerly to the point of beginning, except that portion of land hereinbefore sold to the Village of St.
Joseph set forth in Book 122 of Deeds, page 288, described as follows:
Beginning at a point in Northwest Quarter of Northwest Quarter (NW's NW%) of Section 10, from which the
Quarter - Quarter corner on West side of Northwest Quarter of Section 10, Township 124, Range 29 bears South
25° West 484 feet; thence from said point of beginning North 6 °30' East 137 feet to the Railroad right of way;
thence South 51° East 261 feet along said Railroad right of way and thence North 83° West 221 feet to point of
beginning and being a part of the NW'k NW'k of Section 10, Township 124, Range 29.
ALSO Excepting that portion of land sold to Christ Stich and Joseph Reber as set forth in Book 172 of Deeds,
page 306 described as follows:
Lot 1, in Block 2 of Loso's 6th Addition to Village of St. Joseph, Stearns County, Minnesota; also the following
tract of land, to -wit: Beginning at a point on the Southerly right of way line of the Great Northern Railroad in
Section 10, Township 124, Range 29 where a line parallel to and 44 feet East of the West line of Section 10,
Township 124, Range 29 intersects said Southerly right of way line; thence South parallel to said Section line 274
fed; thence South 83° East 182 feet more or less,. to the Southwest corner of the Village Gravel Pit; thence North
6 °30' East along the Westerly line of said Village Gravel Pit, 137 feet to the Southerly right of way line of the
Great Northern Railroad; thence Northwesterly along said Southwesterly right of way line of the Great Northern
Railroad 256 feet, more or less, to the point of beginning.
SCR of ea