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HomeMy WebLinkAbout[03a] Approve Minutes Feb 6 2012 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, February 6, 2012 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair S. Kathleen Kalinowski. Members John Meyer, Ross Rieke, Joe Dubel, Gina Dullinger, Brad Cobb. Council Liaison Rick Schultz. Administrator Judy Weyrens. Oath of Office: Weyrens administered the Oath of Office to Brad Cobb, who is beginning the first year of a three year term. Others Present: Nancy Notch, Harvey Notch, Ellen Wahlstrom, Graeme Maehler, Mark Dorn, Peter Gillitzer, Sue Ergen, Jon Petter, Tom Klein. Approval of Agenda: Schulz made a motion to approve the agenda; seconded by Dubel. The motion passed unanimously. Approval of Minutes: Schultz made a motion to approve the minutes with minor corrections; seconded by Meyer and passed unanimously. Four Seasons, Special Use Permit: Chair Kalinowski called the hearing to order and Weyrens stated that the purpose of the hearing is to consider a Special Use Permit to allow for the sale of new and used trailers as well as used autos. The property is located at 414 CR 75. Four Square Investments LLC, 325 N. 33rd Avenue, Suite 107, St. Cloud, MN 56303 has submitted the request for Special Use. St. Joseph Code of Ordinances 52.32 Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in Section 52.07.03 of this Ordinance: e) New or used auto dealerships. Property owners Graeme Maehler and Mark Dorn approached the Commission to discuss the proposed request for special use. Meahler stated the Planning Commission has previously issued a special use permit to allow used vehicle sales but since the business has ceased operating and one year has lapsed, the special use is null and void. Maehler stated that the conditions placed on the previous tenant were too onerous and they are seeking a special use permit that allows for additional parking of vehicles and allows for onsite repairs. While they do not yet have a vendor for the site, they would like to secure the permit so that it is ready when they have an interested party. Kalinowski opened the hearing for public comment at this time. Nancy Notch, 406 — 8"' Ave NE, approached the Commission in opposition of issuing the special use permit. She stated that in her opinion a car dealership does not fit with the existing neighborhood. Past tenants have created problems for the neighborhood including lights shining into their homes, traffic at all hours, and noise and activity that are not conducive to a neighborhood. She stated that in her opinion the previous tenants did not follow the restrictions placed on the permit, and she should not have to call the City to report problems. Ellen Wahlstrom, 409 — 8"' Avenue NE, approached the Commission in opposition to the issuance of a special use permit. Wahlstrom read a prepared statement that identifying the issues that the neighbors have been forced to endure. The items include traffic after hours with people wander through the property with flashlights, hot wiring of cars at night, lack of adequate security by means of a gate, lights shining in adjacent homes, vehicles not kept behind fence, outside storage not screened, large trailers were added as sale items, motorcycle noise, and signage that is not compatible with the neighborhood. Wahlstrom questioned the procedures for issuing an interim use permit and how the concerns will be addressed. She stated that the neighbors should not be put in the position of having to report violations. Wahlstrom stated that she does not believe that adequate information has been presented to illustrate how the property will be utilized. She stated that she is not opposed to development, but there are more compatible uses for that property. Used car dealerships keep coming and going and with each applicant it seems that more issues arise. Mark Dorn, property owner questioned what type of uses the neighborhood would see as compatible. He stated that he and his partners have been trying to market the property without avail. They need to do something to offset the assessment and tax costs. As property owners they want a tenant that is responsible and can help manage the site. With regard to compatible uses, Wahlstrom stated that an office building would be compatible. Jim Graeve, 619 E Minnesota Street, approached the Commission and stated that he hears the largest concern is the lack of security or the ability of patrons to access the site after hours. He also suggested that the EDA should become involved and try and market the site for a different use. Graeve stated that the previous special use permits did not clarify what types of vehicles could be sold on the site and consideration should be given to define types of vehicles that can be sold. Kalinowski closed the public hearing at 7:50 PM. The Commissioners discussed the concerns presented at the meeting and questioned if the matter could be delayed until the property owner has a tenant. Weyrens stated that the property owner has paid for a hearing and if a tenant is not found within a reasonable period, a new hearing would need to be scheduled. If there are concerns that need to be addressed they should be identified so that additional information could be provided to the Planning Commission. The Commission discussed the setback for the County Road and previously the County expressed concern with vehicles parking in the ROW. Mark Dorn stated that they are looking to add sales space for the vehicles as the front yard is the best location for such. Weyrens stated that the Corridor Overlay Ordinance does provide discretion for the Planning Commission and Council to approve parking in the front yard; however, the parking area by Ordinance must be paved and the property owner is requesting relief from this provision. When questioned if the matter is tabled will the public have the opportunity to speak at the next meeting, Weyrens stated that is the decision of the Planning Commission. The Commission closed the public hearing to at this time the public portion of the process is closed; however, the Planning Commission does have the discretion to allow additional testimony based on the additional information. Rieke made a motion to table action on the proposed special use permitsnd additional 60 days to allow the property owner to meet with the residents and provide the following information for consideration by the Planning Commission: 1. Gate — How can security be increased to limit access to the property after hours. 2. Fence — What modifications can be made to prevent driving around the gate, utilizing adjoining property? 3. Lighting — What is the current lighting and how can it be modified to meet the Ordinance requirements. 4. Car Repair — What is the intent for repair services 5. Parking — Define the areas for parking and how it will be improved. The motion was seconded by Schultz and passed unanimously. American Manufacturing, Variance Request: Kalinowski called the hearing to order and Weyrens stated the purpose of the hearing is to consider a thirteen (13) foot variance on the front yard setback. The variance is being requested to allow for an expansion to the existing facility. McMullen -Hall Properties, LP, 190 15040 Fairfeild VIG SQ DR, Cypress, TX 77433 has submitted the request for Variance. St. Joseph Code of Ordinances 52.34 Subd. 6(a): Front yard setbacks shall be thirty (30) feet from the lot line. On corner lots, the setback from all lot lines abutting a street shall be thirty (30) feet. When an industrial district lot is separated from a residential zone by a city street, the setback from the lot line shall be one hundred (100) feet. There being no one present wishing to speak, the public hearing was closed. Weyrens stated staff has been meeting with representatives of American Manufacturing for the purpose of expanding the existing facility. American Manufacturing is an international company that manufactures parts for mining and well drilling. The company has been experiencing rapid growth and has expanded beyond the facility capacity. In an effort to complete the expansion with a variance they have attempted to purchase property to the north of the existing facility and that property is tied in legal matters and the property to the east is proposed for a future corridor; therefore, the only place for the expansion is to the front. Rieke made a motion to accept the findings of fact, acknowledging the practical difficulties in expanding without a variance, and requesting the Council grant a ten (10) foot variance on the front yard setback to allow the construction of an addition to the existing American Manufacturing facility. The motion was seconded by Meyer and passed unanimously. Adjourn: The meeting was adjourned at 8:25PM. Judy Weyrens Administrator •