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HomeMy WebLinkAbout[04d] Variance, McMullen-Hall 4(d) crrx or ST. JOSEPH Council Agenda Item MEETING DATE: February 16, 2012 AGENDA ITEM: Variance - Requested Action: Accept the recommendation of the Planning Commission, granting a 10 foot front yard variance to McMullen Properties, d /b /a American Manufacturing 736 — 19 Avenue NE. SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on the variance request on February 6, 2012. No public testimony was received; therefore, the Planning Commission unanimously recommended the City Council approve the variance request to allow for an expansion of the existing business. The expansion is a combination of office space, adding employees, and warehouse. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: See attached Planning Commission material BUDGET /FISCAL IMPACT: ATTACHMENTS: Request for Council Action Findings of Fact and Decision PC Request for action Hearing Notice Application Survey and Site Plan REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Findings of Fact granting a ten (10) foot front yard variance to McMullin -Hall properties to allow an expansion of the existing facility. This page intentionally left blank City of St. Joseph IN RE: FINDINGS OF FACT Application of McMullin -Hall Properties AND DECISION Variance — Front Yard Setback 736 —19` Avenue NE FINDINGS OF FACT On February 6, 2012 the St. Joseph Planning Commission conducted a public hearing to consider the application of McMullin -Hall Properties for a 10 foot variance on the front yard setback to allow for the construction of an addition at 736 —19` Avenue NE. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission hereby recommends the City Council grant the ten (10) foot variance on the front yard setback, accepting the following findings of fact: 1. The subject property is located in the Industrial Zoning District and the proposed addition is a permitted use in the zoning district. 2. McMullin -Hall owns and operates a business entitled American Manufacturing and is requesting the addition to expand their facility. The property owner has attempted to purchase adjacent property without success. The property to the north is constricted legally and financially and the property to the east is targeted for a future road to serve the future industrial park to the north. This constraint has resulted in a practical difficulty. 3. In 2011 the MN Legislature modified the Statute regarding granting of variances and removed the provision which required proof of undue hardship and replaced the provision with practical difficulty. 4. The proposed addition is a. consistent with the St. Joseph Code of Ordinances and the St. Joseph Comprehensive Plan b. harmonious with the general purposes and intent of the governing ordinances 5. The property owner has sufficient property to construct the addition with the exception of the front yard setback and the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. 6. The Planning Commission conducted the public hearing and no public testimony in support or objection was received. The Planning Commission reviewed the application and unanimously recommended the City Council grant the requested ten (10) foot front yard variance. DECISION AND CONCLUSION Based on the Finding of Fact, and unanimous recommendation of the St. Joseph Planning Commission the City Council hereby grants a 10 foot variance on the front yard setback as requested to allow for an addition to the existing building. Adopted this day of , 2012. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Judy Weyrens, Administrator snAAr• CITY OF NT. Josox Council Agenda Item 6 MEETING DATE: February 6, 2012 AGENDA ITEM: McMullen -Hall Properties 736 —19` Avenue NE Public Hearing, Special Use Permit SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: In 2004 the Planning Commission approved a variance regarding the construction material as the Ordinance had just changed at this time requiring perimeter footings. This requirement did not work well when trying to tie into an existing building. Later American Manufacturing updated the outside of the building and completed landscaping. BACKGROUND INFORMATION: The City staff has been working with representatives from American Manufacturing to find alternatives for expansion. They are in need of additional space and would have like to develop either to the north or east. The property to the north is tied up in financial and legal issues so expansion to the north is not available. The property to the east is contemplated for access to the property north of the industrial park so that is not readily available. American Manufacturing has been able to design an expansion that fits on to the existing sit allowing for the needed expansion. The only difficulty becomes the front yard setback. The current ordinance requires a 30 foot setback and the illustrations indicated a twenty foot setback. Representatives from American Manufacturing have discussed the power lines that are located in the front yard with Stearns Electric. The proposed addition will not hinder their ability to maintain and service the line and they have approved the reduced setback. In 2011 the Planning Commission updated the variance regulations to meet the newly enacted legislation setting the guidelines for variance approval. The new statute allows a variance to be granted only where the strict enforcement of the City Zoning controls will result in practical difficulty. In the case of American Manufacturing, they have tried to purchase adjacent property without success. The failure is not a result of financial differences; the property is not available at this time. The company is growing and the expansion will result in additional jobs. The proposed addition is consistent with the uses in the Industrial Park and with the St. Joseph Comprehensive Plan. The matter before the Planning Commission is the variance, not the site plan. Before staff continues to work on the site plan development, the matter of the variance needs to be addressed. Staff has identified some modifications that are needed on the site plan and we will continue to work through these. ATTACHMENTS: Request for Planning Commission Action • Public Hearing Application Narrative for Request Draft Findings of Fact B2 Zoning District Requirements Variance Ordnance REQUESTED PLANNING COMMISSION ACTION: Forward a recommendation to the City Council supported by findings of fact. II' CITY OF ST. J OSFPH www.cityofstjoseph.com Public Hearing City of St. Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, February 6, 2012 at 7:15 PM. The purpose of the hearing is to consider a thirteen (13) Administrator foot variance on the front yard setback. The variance is being requested to allow for an Judy Weyrens expansion to the existing facility. The property is legally described as: Section 11, Township 124, Rang e 29; Lot 002 B lock Mayor 001 Whitney Wing. Rick Schultz St. Joseph Code of Ordinances 52.34 Subd. 6(a): Front yard setbacks shall be thirty (30) Councilors feet from the lot line. On corner lots, the setback from all lot lines abutting a street shall Steve Frank be thirty (30) feet. When an industrial district lot is separated from a residential zone by Bob Loco a city street, the setback from the lot line shall be one hundred (100) feet. Renee Symanietz McMullen -Hall Properties, LP, 190 15040 Fairfeild VIG SQ DR, Cypress, TX 77433 has Dale Wick submitted the request for Variance. Judy Weyrens Administrator . oleo i AIM i i $1 •03 fit. Propose loca of MON ( variance. f m TM TO rrr sti 710 . 0 y0 703 ra Note: MN Statute requires mailed notice to all property owners within 350 feet of a variance, special/interim use, rezoning or plat. zs College Avenue North - PO Box 668 - Saint Joseph, Minnesota 5 6374 Phone 320.363.720( Fax 320.363.0342 THIS PAGE INTENTIONALLY LEFT BLANK City of St. Joseph Print Form 1 25 College Ave N PO Box 668 St. Joseph MN 56374 (320) 363 -7201 Variance Application Property Owner (s): McMULLEN -HALL PROPERTIES, LP Property Owner Address: 190 15040 Fairfeild VIG SO Tay: Cypress State: TX Zip: 77433 Property Address: 736 19th Avenue NE PO Box 640 City: St. Joseph State: MN Zip 56374 Parcel No. Legal Description: (Copy of Deed verifying full legal must be provided) Applicant requests variance from the following Section (s) of the St. Joseph Code of Ordinances: Ordinance No (s): 5a 3 4 bbd Section No (s): This is an expansion of the existing use. The intended use that does not cony with the Ordinance (s) is (are) This is an expansion of the existing use. The grounds for requesting the variance The need is to expand the existing office area which requires are as follows: (Egrldn Mr/ sold enforcement ri em Onanence will encroachment into front yard setback. cause ut uneoenwY heft* or Ih. .hid caraniq ritlr.underde are ureammebN, pnpr.crd or net footle under Mw arounerr ). I herby swear and arum that the infomration supplied to the City of SL Joseph is accurate and true. 1 acknowledge that this application is rendered invalid and void should the City determine that the information supplied by me, the applicant, in appying for this variance is inaccurate or untrue. I also understand that I am responslole for reimbursing the City for all costs Inc used in reviewing this applica 'r' p • •. owners must sign the application below and the application fee is non- refundable). Signature: �A.11111■ Application Date i ijl Zo /2 Fee Paid Deposit paid FOR OFFICE USE ONLY ❑ Application Complete Date ❑ Approved ❑ Denied ❑ Application Incomplete Date of Retum: • Reason for determination of incomplete: City of St. Joseph Form 25 College Ave N PO Box 668 St. Joseph MN 56374 (320) 363 -7201 Findings of Fact Supporting or Denying a Variance A variance may be granted only where the strict enforcement of the City Zoning controls will result in practical difficulty. A determination that "practical difficulty" exists is based upon the consideration of the following criteria as defined in Minnesota Statutes, Secton 394.27: 1. Is the request consistent with the spirit and intent of the Comprehensive Plan and related Ordinances? Why or why not? This is an expansion of the existing use. 2. is the landowner proposing to use the property in a reasonable manner? Why or Why Not? This is an expansion of the existing use. 3. Is the need for the variance due to circumstances unique to property; not created by the current or previous landowners? Why or Why or Not? The need is to expand the existing office area which requires encroachment into front yard setback. 4. is there another feasible method to alleviate the need the variance? No. 5. Will the issue of the requested variance be in keeping with the essential character of the locality? Why or Why not? (Consider and discuss the extend of the potential impact of the land owner's proposal on the locality) Yes. 6. Does the proposal involve more than economic considerations? (Economics are a factor to be considered but cannot be the sole factor. See Letter provided by Owner. In reviewing the Variance request the Commission should weigh and balance each of the elements. American Phone : (320) 363 -7273 736 19th Ave. NE P.O. Box 640 M anufacturing Fax: (320) 363 -7274 St. Joseph, MN 56374 Toll Free: (888) 299 -3412 QUALITY Pump PA#2irs January 12, 2012 Re: American Manufacturing, St. Joseph, MN To all Council Members, I am requesting a variance for this project to add office space for future growth and employment. As you will notice, after we add the 13,243 square ft warehouse addition and allowing adequate room for semi delivery & shipment, we will need additional Engineers and Sales personnel with the growth of our company. With our existing office location, it would make the most sense and use of our property to add the office space on the west side of our building. We have exhausted all efforts to purchase more land adjacent to our current location. With the support of the city council, this would allow us continuous growth in the St. Joseph community. 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