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HomeMy WebLinkAbout[02] Approve Minutes P.68 March 12, 2012 JOINT PLANNING COMMISSION B &K (C &L)EXCAVATING VARIANCE Hearing March 12, 2012 7:15 p.m. St. Joseph Township Hall Pursuant to due call and notice thereof, the Joint Planning Board for the St. Joseph Township /City of St. Joseph met in regular session on Monday, March 12, 2012 in the St. Joseph Township Hall. MEMBERS PRESENT: TOWN BOARD: Jerome Salzer TOWNSHIP PLANNING COMMISSION: Michael Koltes, Ralph Eiynck and Hal Undersander TOWNSHIP CLERK: Ann Reischl CITY Council: Renee Symanietz CITY PLANNING COMMISSION: Rick Schultz and Ross Rieke STEARNS COUNTY COMMISSIONER: Mark Bromenschenkel OTHERS PRESENT: Kirby Dahl, Jeff Janssen, Brenda Stanger, Judy Weyrens, Dan Thielman, Ron Theisen, Cory Ehlert, Will Huston, Dan Rassier, Kevin Cox and Mike Deutz, Pete Rothfork, Dan Kron Variance Hearing: Jerome Salzer, St. Joseph Township Chairman, called the hearing to order at 7:15 p.m. to consider the request of B &K (C &L) Excavating, Inc. to obtain a variance from Section 9.15.12 A (3) of the Stearns County Zoning Ordinance #439 to construct a 24' X 24' addition to an existing structure 59' from the centerline of CR 134 (Ridgewood Road) classified as a Minor Collector Road. Said Ordinance requires that all buildings be setback at least 100' from all roads classified as a Minor Collector Road. The property is located at 7939 Ridgewood Road in St. Joseph and is described as: 10.00A Part of the NE 1/4SW1/4 Section 12, T124N, R29W, St. Joseph Township located at 7939 Ridgewood Road, St. Joseph, MN. Kevin Cox stated that 10 —12 years ago he set up his office space toward the road. He would like to move a 24 X 24 building to the front of the present office to add additional office space to his business. It would be the most economical location for the office addition. The siding would match the present structure. Salzer questioned if any changes have taken place after his request denial in 2010. Kevin Cox replied that this Board had approved the variance at that time, but Stearns County had denied the variance. Great River Energy had objected to the variance in 2010 as it stated in the letter dated January 28, 2910: "It appears that Great River Energy precludes any construction within 65 from the centerline of CR 134. Additionally, we do not support allowing construction of structural additions closer to county roads than existing non - compliant buildings. Therefore, we recommend denial of this variance request." He stated that a letter was sent from Great River Energy to the Township in February allowing the encroachment. P.69 B &K (C &L) Excavating Variance Hearing 3/12/2012 Clerk Reischl confirmed receiving the letter stating: "..Great River Energy will enter into an Encroachment Agreement with C &L Excavating, Inc. to allow the proposed building addition within Great River Energy's easement area only if a variance is granted by Stearns County. C &L Excavating has provided Great River Energy with adequate information regarding the location of their building addition to determine that the building is a safe distance from the transmission line. If a variance is granted by Stearns County, an Encroachment Agreement will be fully executed and filed for record with the Stearns County Recorder." Kevin Cox added Stearns County will redo the road this year. There is a wetland in the back and this is the most economical location for the addition. Brenny Transportation is located closer to the road. Mark Bromenschenkel stated that a 59' setback will make it more non - conforming. Salzer stated that adding the office space will not increase traffic in and out of the business. Undersander sees other options for the addition and sees no need to encroach on Stearns County's requested 100' easement. He can see the office addition on the east side wrapping around to the door. Kevin Cox would like to keep the dust exposure away from the office equipment. Heavy equipment enters on both sides of the shop and he stores equipment in the back. Renee Symanietz said a firewall would lower the cost of protecting the office equipment. Salzer moved, subject to the findings of fact: 1. The property owner applied for a variance in 2010 to encroach the front yard setback and was denied in part due to an existing easement for Great River Energy. Since that time Great River Energy has agreed to allow an encroachment provided the Joint Planning Board approves the variance. 2. The property owner has encountered practical difficulties in constructing an addition to the office. The only feasible location to place the office expansion is in the front yard setback due to the following limitations: South - designated wetlands North West - septic system West - overhead doors for the shop East - location of the driveway 3. The need for a variance arises in part due to the fact that the zoning was enacted after the existing structure was already constructed and the need for expansion is due to business growth. P.70 B &K (C &L) Excavating Variance Hearing 3/12/2012 Therefore, based on the findings stated above, the Joint Planning Board grant a 41 foot front yard variance to B & K Properties LLC contingent upon the following: 1. The property owner must provide an executed encroachment agreement between Great River Energy and B & K Properties providing a perpetual easement allowing a structure within the easement area and recorded with the Stearns County Recorder. Rick Schultz seconded the motion. Ross Rieke, Rick Schultz, Renee Symanietz, Jerome Salzer and Mike Koltes voted aye. Ralph Eiynck and Hal Undersander voted no. The motion carried. Chairman Salzer declared the hearing adjourned at 7:50 p.m. Aim Reischl Town Clerk Jerome Salzer Rick Schultz Ralph Eiynck Renee Symanietz Hal Undersander Ross Rieke Michael Koltes P.71 B &K (C &L) EXCAVATING VARIANCE HEARING 3/12/2012 FOLLOW -UP OF: 2/13/2012 #5 CONTINGENCY Melrose Associates, Melrose MN Administrative Subdivision, and Rothfork Associates, Melrose MN & St. Joe Sand and Gravel, St. Joseph, MN "ST. JOE SAND AND GRAVEL PLAT" Peter Rothfork stated that he would scrape, resurface, spread and plant grass on 54,518 square feet by June 1, 2012. Mr. Rothfork presented the Letter of Credit for $10,000, which was reviewed by Kirby Dahl, St. Joseph Township attorney. The Standby Letter of Credit will be filed with the City of St. Joseph. Dan Kron presented the final plat of "St. Joe Sand and Gravel Plat" to be signed by members of the Joint Planning Board. Motion was made by Salzer, seconded by Eiynck and carried unanimously to approve the Melrose Associates, Melrose MN Subdivision Agreement, the final "ST. JOE SAND AND GRAVEL PLAT" and accept the $10,000 Letter of Credit. Chairman recessed the meeting and opened the regular meeting of the St. Joseph Township at 8 p.m. Salzer reopened the meeting to discuss the Roman Notsch Trust property consisting of 104.66 acres. Dan Thielman stated that no buildings are on the property at this time. Cory Ehlert said the family is considering 62 acres to be rezoned R -5 for 1 -12 acre residential parcels. They feel it would be a contiguous use of land and there is a demand for larger lots. Lots 2 & 3 are in a wetland area but there would be 2 septic sites on each lot. There are variances to be considered on the depth of a cul -de -sac. The road would be built up to the St. Joseph Township specs and they would allow for the right -of -way for future city services. They were open to discussion and recommendations to further their project. Renee Symanietz said it looked like a nice plan for development with trees, which would make the Tots more sellable. Salzer adjourned the meeting at 8:25. Ann Reischl, Town Clerk Jerome Salzer Rick Schultz Ralph Eiynck Renee Symanietz Hal Undersander Ross Rieke Michael Koltes P.65 March 12, 2012 JOINT PLANNING COMMISSION Tom & Sue Dullinger Conditional Use Permit Hearing March 12, 2012 7 p.m. St. Joseph Township Hall Pursuant to due call and notice thereof, the Joint Planning Board for the St. Joseph Township /City of St. Joseph met in regular session on Monday, March 12, 2012 in the St. Joseph Township Hall. MEMBERS PRESENT: TOWN BOARD: Jerome Salzer TOWNSHIP PLANNING COMMISSION: Michael Koltes, Ralph Eiynck and Hal Undersander TOWNSHIP CLERK: Ann Reischl CITY Council: Renee Symanietz CITY PLANNING COMMISSION: Rick Schultz and Ross Rieke STEARNS COUNTY COMMISSIONER: Mark Bromenschenkel OTHERS PRESENT: Tom Dullinger, Kirby Dahl, Jeff Janssen, Brenda Stanger, Dan Kron, Judy Weyrens, Peter Rothfork, Bob Ethen, Dean Hanson, Dan Thielman, Ron Theisen, Cory Ehlert, Will Huston, Dan Rassier, Kevin Cox and Mike Deutz Judy Weyrens, City Administrator, said the first order of business was to determine who would chair the public hearings held by this Joint Planning Commission. Motion was mad by Renee Symanietz, seconded by Rich Schultz and carried unanimously to have Jerome Salzer chair the hearings. Motion was made by Renee Symanietz, seconded by Hal Undersander and carried unanimously to approve the minutes of the February 13, 2012 Melrose Associates, Melrose MN Administrative Subdivision and the Rothfork Associates, Melrose MN & St. Joe Sand and Gravel, St. Joseph MN "ST. JOE SAND AND GRAVEL PLAT" as printed. Conditional Use Permit Hearing: Jerome Salzer, St. Joseph Township Chairman, called the hearing to order at 7 p.m. to consider the request of Tom and Sue Dullinger to obtain a Conditional Use Permit to build a solid waste transfer station at 8232 Delta Circle. The property is described as Lots 004 and 005 Block 001 in Section 12 Twp 124 Range 029 in the St. Joseph Township. P.66 Tom & Sue Dullinger Conditional Use Permit Hearing 3/12/2012 Tom Dullinger stated he is asking for a Conditional Use Permit to provide dumpsters for homebuilders, remodelers and residential or estate cleaning. He will separate the wood, Styrofoam, cardboard, etc. and recycle that which is feasible. There will only be a small increase in traffic. Hal Undersander asked if it will only be building material. Tom Dullinger said on an estate cleaning it could be a lawn mower, TV, bikes, garden hoses, paint, etc. He will separate the items and recycle the desirable. The dumpsters are not for biodegradable items. Ron Theisen wanted a clarification on what he was going to be allowed to do. Tom Dullinger replied the State PBR (Public Rate) allows him not more than 120 yards and that is the only clarification Stearns County has. He is presently utilizing 2 — 3 dumpsters per day for this purpose. Mark Bromenschenkel added that this Board can put conditions on the permit if issued. Jerome Salzer asked Dullinger if he would be satisfied with a limit of 10 dumpsters for this purpose. Dullinger agreed and stated that there would be no more garbage trucks coming in. Ron Theisen said he has no complaints of Dullinger's business at this time. A motion was made by Renee Symanietz, seconded by Hal Undersander and carried unanimously to approve the request of Tom and Sue Dullinger to obtain a Conditional Use Permit to allow for the construction of a facility to operate a solid waste transfer station 8232 Delta Circle on the property described as Lots 004 and 005 Block 001 in Section 12 Twp 124 Range 029 in the St. Joseph Township based on the following: 1. The property will conform to all the performance standards identified in the Stearns County Ordinance #439 or successor Ordinances. 2. The impervious surface plan submitted with the application will be implemented no later than August 1, 2012. The re- vegetation shall consist of working up the soil, adding a minimum of 4 inches of topsoil and seedling. 3. A financial guarantee in the form of a letter of credit, cash or bond equal to 125% of the impervious plan cost must be submitted to Stearns County prior to issuance of a construction site permit. 4. If there will be running water within any part of the structure, a sub - surface sewage treatment system permit must be submitted no later than June 15, 2012 and installed within 10 months of the date of this resolution. 5. All required solid waste transfer station licenses /registrations shall be obtained from Stearns County and the Minnesota Pollution Control Agency. P.67 Tom & Sue Dullinger Conditional Use Permit Hearing 3/12/2012 6. Any material stored outside must be contained within dumpsters and covered and no more than ten (10) dumpsters shall be located outside at any given time. 7. No more than 80 empty containers shall be stored on site provided they are located in a screened area. 8. Biodegradable waste shall not be stored or delivered to the property. Motion was made by Jerome Salzer, seconded by Ralph Eiynck and carried unanimously to adjourn at 7:27 p.m. Ann Reischl Town Clerk Jerome Salzer Rick Schultz Ralph Eiynck Renee Symanietz Hal Undersander Ross Rieke Michael Kokes