HomeMy WebLinkAbout[05] Public Hearing - Variance - C & L Excavating Ci
TOWNSHIP OF A , vim ._.
SAINT JOSEPH CITY OF ST. JOSEPH
PO BOX 585
PO
St. Joseph MN 56374 BOX 668
320 -363 -6825 St. Joseph MN 56374
320-363 -7201
NOTICE OF PUBLIC HEARING
•
NOTICE IS HEREBY GIVEN that the Joint Planning Board of the
St. Joseph Township - City of St. Joseph will hold a public hearing on Monday,
March 12, 2012 at 7:15 p.m. or as soon as possible thereafter in the Town Hall to
consider the request of B & K Properties of St. Joseph, LLC (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 in question is described as follows:
10.00A Part of the NE 1 /4S W 1 /4 Section 12, T124N, R29 W, St. Joseph Township
located at 7939 Ridgewood Road, St. Joseph, MN.
All interested persons are invited to attend.
e. J /`�
Ann Reischl
Town Clerk
•
File Number 103933
State of Minnesota
Stearns County
That part of the Northeast Quarter of the Southwest Quarter of Section 12, Township 124 North, Range
29 West, Stearns County, Minnesota, described as follows: Beginning at the Southeast corner of said
Northeast Quarter of the Southwest Quarter; thence South 89 degrees 47 minutes 05 seconds West,
assumed bearing, along the South line of said Northeast Quarter of Southwest Quarter a distance of
492.30 feet to the Southwest corner of the East 15 acres of said Northwest Quarter of Southwest
Quarter and the actual point of beginning of the land to be described; thence continuing South 89
degrees 47 minutes 05 seconds West along the South line of said Northeast Quarter of Southwest
Quarter a distance of 5.01 feet to an iron monument; thence continue along the South line of the
Northeast Quarter of the Southwest Quarter a distance of 543.23 feet, more or less, to the Southeast
corner of Braun Addition, a duly recorded plat of record; thence North 00 degrees 05 minutes 52
seconds West along the East line of said Braun Addition a distance of 529.12 feet to the Northeast
corner of said Braun Addition and the South line of that parcel described in the deed recorded in Book
330 of Deeds page 547; thence North 89 degrees 40 minutes 02 seconds East a distance of 98.3 feet to
an iron monument in place at the Southeast corner of the parcel described in the deed recorded in Book
330 of Deeds page 547; thence North 00 degrees 08 minutes 14 seconds West, along the East line of the
land described in the Deed recorded in Book 330 of Deeds page 547, a distance of 350.35 feet to the
South right of way line of County Road 134; thence South 84 degrees 09 minutes 52 seconds East along
the South right of way line of County Road 134 a distance of 450.55 feet to an iron monument; thence
continue South 84 degrees 09 minutes 52 seconds East along said South right of way line of County Road .
134 a distance of 2.04 feet to the West line of the East 15 acres of said Northeast Quarter of Southwest
Quarter; thence South 00 degrees 15 minutes 35 seconds West along the West line of the East 15 acres
of said Northeast Quarter of Southwest Quarter a distance of 832.43 feet, more or less, to the point of
beginning, and there terminating.
(Abstract Property)
30 M
5/14/2010 T 12:22:111
••'- DEED TX %
PAID
1.65
SCR, 0 of_,
St. Joseph Joint Planning Board
IN RE:
FINDINGS OF FACT
Application of B & K Properties, LLC AND DECISION
for a variance on the front yard setback
FINDINGS OF FACT
On March 13, 2012 the St. Joseph Joint Planning Board conducted a public hearing to consider
the application of C & L Excavating to secure 41 foot variance on the front yard setback to allow for
attaching a structure to the front of the building to be utilized for office expansion. The property is
located at 7939 Ridgewood Road and the matter was duly published and notice was provided to
property owners within 350 feet of the above referenced property.
The St. Joseph Joint Planning Board acknowledged the following information in consideration of
the request for variance:
1. The property owner B & K Properties LLC owns and operates a business entitled C & L
excavating.
2. The existing structure owned by B & K Properties was constructed in 1999 before the
enactment of the Stearns County Zoning Ordinance and related road setback requirements.
3. In 2002 the property owner secured a construction permit to add an addition 48' x 84'
which met all setback requirements.
4. The subject property is zoned Industrial.
5. January 2010 applicant submitted a variance application to Stearns County Environmental
services requesting the same variance being considered at this time. The matter was
considered by the Joint Planning Board on January 25, 2010 at which time a favorable
recommendation was forwarded to Stearns County. On January 28, 2010, the Stearns
County Planning Commission conducted a public hearing at which time the request for
variance was denied.
6. The Stearns County Planning Commission denied the variance as it would require a
significant variance at 41% of the required setback, had the potential to have an adverse
impact to government services (Highway Department and Great River Electric), the property
owner created the need for the variance, and denying the variance would serve the
interests of justice.
7. Great River Energy has provided in which they agree to enter into an encroachment
easement if the Joint Planning Board grants the variance.
8. The Stearns County Highway Department has submitted a letter requesting the Joint
Planning Board deny the variance beyond the current non conformity to protect the
setback.
DECISION AND CONCLUSION
Based on the Finding of Fact, the St. Joseph Joint Planning Board approves /denies the request
for based on the following:
1. Since the variance was last considered and denied — what has changed?
2. Can the existing office be expanded to the north 20 feet to the corner of the existing
building? If it cannot is it due to the fact they have an existing structure they wish to attach
that will not fit?
3. The Highway department has indicated they do not support the variance. If /when the road
is improved it could create greater non conformity. Acting in the interest of the public, they
are trying to protect any future damages that would be a result of the variance and
encroachment of the front yard setback.
4. Is the variance too significant and will it provide for other properties to request the same?
k
Passed by Resolution of the St. Joseph Joint PI. n ing Board on , 2012.
'"'_1 14 '\ ■
'- ,9,,. )) CITY OF ST. JOSEPH
--�, v
a
01 i r By
�1 ` + 1 WI (' u l ) Chair
'VP bi\I 11,`' i,■
C 6..,. G Secretary
ii i) ,
r
69) L d. )
A,' � ,, I ` 1,
- 75 - \'
')\
IlECEPIED
SFr) c °Ip ;�;�.
AGENDA # STEARNS COUNTY ENVIRONMENTAL SERVICES r ' � �'
ADMINISTRATION CENTER, ROOM 343
705 COURTHOUSE SQUARE ENVIRONMENTAL SERVICES
ST. CLOUD, MN 56303
(320) 656 -3613 OR 1- 800 - 450 -0852
VARIANCE APPLICATION File No. 12, -03
Property Owner(s): C 1, E ,ccc � i�o v � Fro )
Name
P Sox 99 ST ScseQL wt,-1 S(o37i 324 - 3 (.3 -la 1
Mailing Address, City, State, Zip Phone
Property Address: '7°139 R4r4aoi, So sovk i�ok,) 563711
Address City State /Zip
Parcel No. 1,31. ' c c t p ptb
Legal Description: (Copy of Deed, Certificate of Survey required upon receipt of this form.)
* ** *STAFF TO COMPLETE* * **
Applicant requests variance from Section(s) 1 ,1 I , a of Steams
County 7..,p/0/#.36— Ordinance(s) No(s) 4-39
The intended use that does not comply with the ordinance(s) is:
_ To consider a request from B & K Properties of St. Joseph, LLC (C & L Excavating, Inc.) from Section
9.15.12 A (3) of the Stearns County Zoning Ordinance #439 to construct a 24 foot by 24 foot addition to
— an existing structure 59 feet from the centerline of County Road 134 (Ridgewood Road) classified as a —
- Minor Collector Road. Said Ordinance requires that all building be setback at least 100 feet fromall —
— roads classified as a Minor Collector Road. Affected property: 10.00A Part of the NE1 /4SW1/4 Section
- 12, T124N , R29W, St. Joseph Township. Property address: 7939 Ridgewood Road, St. Joseph, MN.
* ** *APPLICANT TO COMPLETE * **
The grounds for requesting the variance are as follows: (Explain why the strict enforcement of the
ordinance(s) will cause an unnecessary hardship or the strict conformity of the standards are
unreasonable, impractical, or not feasible under the
� circumstances.) v''r' � gyp.. r 1 S. new 1 K r E
o Lcf c f^c.f ()� wova- 0.e �o 1 ? ®- S R ^t 4o 4-k 'CN r.�4- o „„,„ 0
ovr C 4 4 1[
e acsh wte ■4 -f eas 1c or 40 FA s1 , �.c 44.44 Ira- 0 k, t.
)4 r. 1'1t4 .1*,o *R , Stp -I-+'t }o wesr overti'' ,Xoo, -[ 4. S +l,. ..
o Variance Granted By Township (Attach Copy)
I hereby swear and affirm that the information supplied to Stearns County Environmental Services is accurate and
true. I acknowledge that this application is rendered invalid and void should the County determine that information
supplied by me, the app icant, in applying for this variance, is inaccurate or untrue.
� I
signature: Dated: 2 rl Z-
All Property Owners must sign
Fee: (Non - Refundable): $ Soo "-= Receipt No. i-2 - Ok./ a
G: \Environmental Services \FARMS \Online forms \Variance Application.doc
STEARNS COUNTY ENVIRONMENTAL SERVICES
BOARD OF ADJUSTMENT
SITE PLAN
Indicate in the space below the dimensions of your lot and the locations of the following:
1. dimensions and location of structures 3. lakes, wetlands, slopes, bluffs
2. setbacks from road right -of -ways, 4. septic systems, wells and neighboring
easements and property lines wells
—11 '
CI
7/ _
J
+- ---:- (\,) ---- I
o ' vs
r
vi —
A
--t, o -0 1
o
i4----SY 2
l
, . /7p v I
//////:
A . t \ 1 A \
� ,S
C i M l
Return to: Stearns County Environmental Services Department .
Administration Center, Room 343
705 Courthouse Square
St. Cloud, MN 56303
(320) 656 -3613 or 1- 800 -450 -0852
G:1Environmental Services\FORMS\Online forms\Variance Application.doc
- _. r 'ti ?f. . _.s.,s ,.�.. nma.ra...w.�._,. -f _.., F �'[j,D�.a�l
,
4 S
••n. ..L' Div'*' `� �.
: •
"' "� 01/08/2010 • •
•
■
• m fr ,=4.-!;,--4Z72 3*J-
L -hta• L4b� ti x16 0., " 1 F'S 4. .
Y �r �s s �?«. rsxg. }.,e +l - K � R * A ' 4
. • jorit .
•
. .. .: 'r
.••••
. '"' L �, I" . ' 1 . . . , 01/0 : /2010
FEB- -2011 15:28 From:ENV SERV STERRNS CO 320 656 6484 To:320 363 8386 P.7'14
3
RECEIVED
DEC 2 8 2009
C &L Excavating, Inc
:...::� ... ........ ........_ - IMMONMENIAL SERVICES
Ian Boy 99 Saint Joseph, Hu 56374
320.363.1221 Fax: 320.363.8386
December 28, 2009
Our company is requesting a variance to add on additional work space to our current
building.
CALL Excavating, Inc has applied for a construction site permit and has been denied clue
to the county 100 foot set back ordinance for Ridgewood Road /Old Co, Rd 134.
•
We are in need of additional office space. We would like to add on to our current
building with a 24 x 24 office addition. The current building structure does not make it
feasible to add on to the east of the building, The cost to change the roof line of the
current building way exceeds our budget. Proceeding west Is not an option due to the
location of our septic system and drain field. We are not able to add on to the south or we
run into our (ruck entrance, which leaves us to adding on to the north.
•
•
•
GREAT RIVER
ENERGY
12300 Elm Creek Boulevard • Maple Grove, Minnesota 55369-4718 • 763- 445 -5000 • Fax 763- 445 -5050 • www.GreatRiverEnergy.com
February 9, 2011 ST -WW Line
Stearns County Environmental Services Department
Administration Center, Room 343
705 Courthouse Square
St. Cloud, MN 56303
SUBJECT: Variance request submitted by C & L Excavating, Inc.
7939 Ridgewood Road, St. Joseph, MN 56374
To Whom It May.Concern:
This letter is to inform you that Great River Energy is in the process of entering into an
Encroachment Agreement with C & L Excavating, Inc. to allow the proposed building
addition within Great River, Energy's easement area. 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. Once the
Encroachment Agreement is fully executed, it will be filed for record with the Stearns County
Recorder. Please call me at 763- 445 -5984 if you have any questions or concerns regarding
this information.
Sincerely, • •
GREAT RIVER ENERGY
./ A/05/11-ace RECEIVED
Michelle MacMillan
Land Rights Technician FEB 1 0 2611
cc: St. Joseph Township•Hall
I VI O Ni.:t d_ SERVICES
C & L Excavating, Inc.
MM:ve\R:\0 COUNTY\Stearns \C &L Excavating Inc CUP Encorachment Resp.doc
Direct Dial (763) 241 -2402 E -Mail mmacmillan@grenergy.com FAX (763) 274 -6337
A Touchstone Energy Cooperative 0 Contains 100% post consumer waste
raps .
S.
3 4 11422132
t
9.
! i
1
i� — L'
°
s .
l i p COUNTY OF STEARNS
till
31 21403.0040: 31 21403.0041 31 21403 004
2
31 21403.004
u . eetti RR .
;L: L r t,lf n iT l' �A <f\Ti
.
I
3
i.
•
t ;r'
$• e % -
t _ 1 802.0000 ` !
►°t1 -'
1,1'1' � ;gig 11M
4 I.
„I; y '1/BFI(
{*„ .. i 1 ! _ r
s :iR: -,- D _ ��Y - F . F % • '1. ors r ' t * s e •
� `. . ` 4 J, { /..'
`- ' • i -f•Yt ' ,{ ; 31.26798,0001
i
1 , �^p r d . ; r 4 , y ,
fir, ,a�, - -
' +' 5 -.. '• 4 -r L"c . , ,,..r...,:'. { ', 1t
MT • vil i ma c.. > . '' 5 i � .d '.. y, k . 1 + r ' ,'
s f " „ wwJJ �� �� rr , y 'i ,e �i / 3 . Y a , ..1 �, *Is e
t: 1 x " '� y < .,11?.
�,,, . +7 ' k s� i' � �' 'C H A. T ! • + }
t � ^.°. , r , ,- ^ L i ' . . t Y' !�' f ' - ! '. , rt . 'r
200 ft I + �` d in YEt ' a
Parcel ID 31.20801.0020 p_ Alternate n/a A T Owner B & K PROPERTIES OF ST
Sec /Twp /Rng 12- 124 -29 ID Address JOSEPH LLC
Property 7939 RIDGEWOOD Class 3A- Commercial /Industrial /Public PO BOX 99
Address RD Utility SAINT JOSEPH MN 56374
ST JOSEPH Acreage 10.00
District 3103 ST JOSEPH TWP 742
Brief Tax Description 10.00A BEG 492.4'W OF SE COR NE4SW4 TH W545.67 TH N 529.59' TH E100.53' TH N 350.53' TO ROAD TH SE
450.41 FT TH S832.44' TO POB
(Note: Not to be used on legal documents)
7
STEINS COUNTY/TOWNSHIP CONSTRUCTION SITE PERMIT
Stearns County Environmental Services
705 Courthouse Square, Administration Center Room 343,
St. Cloud, MN 56303 '
(320) 656 -3613 or 1- 800 - 450 -0852 •Fax (320) 656 -6484
1
Property Owner's Name L IC_ + e • Telephone Number •2t_�_i 721
Number(s) �,`
` _ ■ • N .•
Address of Property - - 44% ' $ , T o ,, � z G � " .
"'Mailing Address • • Section . �Z
Si, D�O� • D 2 O Township
Parcel I.D. Number i -
2 . �E •a stn - 33'
Legal Description -10. ' ` -' �
: . ► J 5 G tco.
Tax Classification •.... - er;.° ti Gj:Zilais w �i' 3742 91111 i 14/
S$32-
^ Lot of Record io O$
Zoning District (T L
Type of Improvement Proposed Use , tX t�`
Addition
o Alteration o Provisional
o New o Accessory
Overlay Districts
o SHORELAND: Water Body Name
Lake Number Classification
Minimum Lowest Floor Elevation Above Mean Sea Level
o FLOODPLAIN
o OPEN SPACE DEVELOPMENT
THIS PERMIT MEETS THE REQUIREMENTS OF THE APPLICABLE ZONING DIS L' -D TRICT ON P D A
APPLICABLE PROVISIONS OF STEAK S CONTY NLESS OTHERW SE SPECIFIED BE OW •
APPLICATION SUBMITTED BY APPLICANT. /
11 r
Permit Conditions/Comments: i 1 • ...EyFF"ICE USE ONLY:
.,d rmit Checklist Completed Septic System Permit or Certification Number:
1�0 � � Permit Number. � �' � + $
F C(O (non - refundable) Receipt Number. • _)
312k/ 02- tat .
. Date: Stearns County Environmental Services Staff
i
White-County Copy YeNow - Property Owner's Copy Plnk-TowMihip Copy 5/10100
1
.. . STEARNS COUNTYITOWNSHIP
4,- APPLICATION FOR CONSTRUCTION SITE PERMIT
RECEIVED Steams County EnvitOnMental Setvices
705 Courthouse Square, Administration Center Room 343, St. Cloud, MN 56303
MAR 2 1 2002 (320) 658-3613 or 1-800-450-0852 *Fax (320) 656-6
srammegoowc sEEI CORRESPONDING NUMBER F OR EXPLANATIONS
\
1. Propeny Owner's Name (.1 4 L CArtm..A 7.-‘......., L. 2. idephone Nurnber(s) 3 243- sz.z.,
3. Add o f Property 221_ 34)med.g_..__........_1kiivvo Si 3 7L____
4. Mailing Address 19 Sci A , ejemzel 12.0• sr. zascrik ! ..Ad 5 127Y
5. Parcel I.D. Number rk 31. 20 - , 0• 1 0 _ 6. Townshic 7. Section, I a
a Legal Description 14.44,4 s d co r i eci siasi 1 ia riti".4. 7 TS, 4 5 I 4 dg et,s3
9. Project Description: (..p A DI) #11 1.1
10. Contractor's Name/License Number: l.. a Ag s 4) ie. iti, o i he 5 41233 Telephone It: 3.2o - 34,34%4
. if application Is for mcrip than one structure, Indicate the setbacks from each structure.
Dimensions S13
11. Lot Ditnensions IllWa x es2 r 23. No. Accessory Structures 0
12. Lot Area ilill 1 141 - 7 • . 24. Bulking Height ?S .0 r
"it PrIncicial Structure LI.Pir‘q 0.1 tiocnocpi.25. Sidewali Height ii •
• 14. Area of Principal StructurejaLle Setback?
15. Accessory Structure • 0 26. Front (OHWL) Setback -
'Ie. Area of Accessory Structures 0 '27. Rear Setback
17. Deck -...- 28. Side Setbacks -
15. Lot Coverage 29. Encroachments Yee
Other 30. Road Right of Way (‘-----7147F77 _
le. Perldng Spaces --- 31. Centerline loo V f
- 20. No..Bedrootns - • • U. Bluff
21. No. Baths i 33. Feedlots -
22. No. ROOM 1 L i 34. From Septic Tank - 7 lo C r .-
..._
35. From Dminfield ) 4P r
36. Agreement: i hereby acknowledge that I have read this applicadon and state that all information is true and correct to the best of my
losowkdge. 1 Anther agree that all work performed will be in accordance with approved plans. specificadons and conditions, and to abide by
all of die ordinances of Stearns County regarding actions taken pursuant to this application. Any plans submitted herewith shall become part
of the permit application. This applicadon shall not be considered a complete application until the ixoposed building site bas bean staked by
the applicant. Incomplete applications shall expire six (6) months from the date of application. It is the responsibility of the applicant to
obtain any other necessary permits from their Township. Signature of this application authorizes Environmental Services Staff to enter upon
the property to perform needed inspections. Entry may be without prior notice.
14 6.04.... al- 31-Li c ..t.
Signature orProperre Owner or Authorized Ammo e
1•■•■•■,•• • • •IiMm - •
37. TovmshIp Approval
A valid township signature wlli be required prior to Steams County reviewing permit application.
Permit Conditions:
Date: Township Signature u '
Fee: $75.00.(Non-Refundable) OkIN .
_ It' f rCfrtlVtl r VtiC1+"t,." 1
KN5 � uuN l � l l u W X511
$ I �' H Township
• County Reference JJ •
1 Reference _ 1
Statt Contac INFORMATION 5.1.3; 9;10.2. 1, >,
LOT INFO
meets minimum size for use ?�
Lot of record or met. `�� ,■
Sews • e treatment • mm�bba obtained? � Note on sket Section 9 ;102. !>�
Checked access a Sec ,�
Checked database for • use ns its issued'? .
Permitted or accesso use in zone?
policy
. istrat. ui corn •feted?
Provisional use r = ` ��
Is a co • of the deed re •aired? .
SITE PLAN IN b O R u e t ` c e c k the foliowin • : 6 7,10 �� .
. •licable setbacks from feedlots? 7 9 9;10.2.11 C -
Site •Ian submitted ad rdrtee alete?
Does the 7,15;10.2. ` .
• . arki • areas meet re • uirements? 721; 102.17 /,.J
Roads,
drivewa s, a �- Section 9 `� -
Stormwater mana.ement addressed? Section 9 L�
Road and & rear setback setbacks O K? ex•lain road ri.ht -of -wa s - 4 9;1 Section
f3(1) ��
Road v ra s e i erviou 1 .1 �i,�
covers • t i • envious e dfl o o ar ea? re.
Is it e tted use? 10.1,8 E(1) r�
Lot ? r� ���
Pr o located in des.•Ha fie area? wetland staff
ro • and i construction meets setbacks r f er to tw s stem? P ? if 'resent, �,
Wetland im •acts avoided?
OTHER INFORMATION 10 2.11 F 1�'
Is Residential
6 ���
A there a variance needed? �
Acceden buitdin• meets size restrictions?
dvwellin • unit meets minimum size r • uirements? a
Is contractor licensed? • J 7 7 ; 1 p 211 D s ' / 'r'� i-
Erosion and sediment control •fan needed? 7.20 �,�`ir`
- . A 7.10 `• �
S' • e t s meet all. standards?
Meets li • htin • standards?
Structure does not iu r eaddtaof • Serlmits? ION
Does Town R re 10.2.3 = , r ,
SHORELAND OVERLAY DISTRICT
ned ? NFORMA ,
Lake, stream b river classification Q�. ��-
' Shoreland setbac o din. line O.K.?
10. 1 0.2.11 ''�_
Construction outside of shore im • act zone? 10 21 t A(�1r
Construction meets bluff setbacks?
form tbacks? 10 211 Bit) �-�
Deck meets re • ahem 10.2.t 1 B(2) OW certification a meets restrictions? '
10.2.11 B(2) �,
Water oriented accesso 10.2.11 B(3) I=
No more than one water oriented c
accesso s
RV ructure? 10 2.11 G
S V s s, lifts, & 1as a • • roved? ndin • s m 10.2.12 B n n�
S V site 10.2.
1 Guest cotta • e meets restrictions? 10 2.
i E and, rip /rap, v- • retai n alterali ning walls and other excavations addressed? �r
Sand, rip retai
shoreland alteration • ermit re • uired -
Notif a' • licant of se • tic be and S��-
footings? Is proposed structure a
Policy .
Excavation limited to 15' be
walkout? further needs shoreland alteration • ermit
Site plan
Indicate in the space below the following:
1. Dimensions of existing and proposed structures.
2. Setbacks from: OHWL(ordinary high water level, front yard, rear yard, side
yard, encroachments, road right -of -way, centerline, bluff.
Q1
aear-b•ocz Q D
•
•
1-)v V) 4d e rt% N \ -x-- tit
lO0 , slap .. 4464+
l p.0 1 I Slop liZt ? I0O
•
diall 04 ,
•
•
•
•
•
•
• 4/18/00
•
Le/£0'd PS1 929 e8£ A14100 SNV431S LZ:TT eme-te Mill
STEARNS COUNTyRoWNSHIP INSPECTION REPORT
Environmental Services Department Square, St. Cloud, MN 58303
Administration Center Rm. t
SETBACKS 11111111 REQUIRED COMMENTS
Front/Ordinary High Water Level Setback` lit tag
Setback "" �T'�� 'ta�
Setback from Road or R.O.W. or Centerline v_i , ./►'
Setback from Side Property Line IIEMIIIIIIKall
Setback from Side Property Line or imia
Setback from Top of Bluff 1111111111111111110141111
Iota in the shoreiand overlay district, the front yard setbaolc is measured On non-
pariaSetback. he is measured from the road right-of-way or centerline, whichever ri centerline, t bacparian lots, whichever v ef honk ad lots in the shoreland overtly district, the rear yard setback is measured is more restrictive.
from the road tight-of-way or
"Roar Se k: more restrictive. On non- riparian Ids. the near setbakk is measured from the rear lot line.
Site Sketch '
\i, f fo e
IV 1 1 1
-10
_ •r 7
a- Au, A' —
1
opt ,0:19,04k ,, is
c 1 . (-------
. ,, ti,
.............., ........... ............... 1 0)&6 wool I ............. 7 .......• ..........,
L F . Contractor ,.. L.
Owner: .♦ ���
L
Pa lnspvcted By: L1 4
Date: � -- ` \''S Parcel No.: _3 <O • O Permit Number. 1
Li-
Wt*oCounty Copy YMo.rPeopsfN Cameo Copy PNt- Toonol*p Copy •
i l U r:;t:lt L'1c
1 COUNTY STEAR.
Department of w i�� 4-
PO B _63 63 02
32 ox 246 • St Cloud MN :3�.
•
k ..:..'" c
S ( 0) 255 -6180 •FAX (320) 25.5 -6186
JO.DI L. TEICI -i P,E, ``99
Acting ,ffighwpy 4 ngfneer RECEIVED /
DATE: - l� 3 � / �
JEFF MILLER., P.E. MEMORANDUM
Asst, Highway Engineer
.Date: 2/21/2012
To: Township of St. Joseph
From: Jeff Miller �*�•,,
Subject: $ & K. Properties (C & L Excavating) Variance
Request
In response to the Notice of Public Hearing scheduled for March
12, 2012 for the variance request referenced above, we refer you
to the attached Memo dated 1/28/2010 in which we do not
support allowing construction of structural additions closer to
county roads than existing non - compliant buildings.
Additionally, please refer to the attached letter from Great River
Energy in which. they restrict the construction of any buildings
within their easement.
Therefore, we recommend denial of this variance request.
se Affirmative Action / Equal Opportunity Employer"
OFFICE COUNTY RECORDER
STEARNS COUNTY, MINNESOTA
Document# 1310294
Certified, Filed, andlor Recorded on N
03-01 -2010 at 09:15 AM
DIANE GRUNDHOEFER
•
STEARNS COUNTY RECORDER
STATE OF MINNESOTA BOARD OF ADJUSTMENT
COUNTY OF STEARNS VARIANCE PROCEEDINGS
FILE NO. 10 -03
In the matter of:
A request for a variance submitted by C & L Excavating Inc, St Joseph, MN from Section
9.12.8C of Steams County Zoning Ordinance #209 to construct an addition located 59ft from
the centerline of County Road 134 which is an un- classified County Road. The structural
setback requirement for an Un- classified County Road is 100 feet from the centerline.
The above - entitled matter came to be heard before the Steams County Board of Adjustment on
the 28 day of January, 2010 on a petition for a variance pursuant to the Stearns County
Zoning Ordinance #209.
PROPERTY ADDRESS: 7939 Ridgewood Rd, St Joseph, MN
PARCEL NO. 31.20801.0020
LEGAL DESCRIPTION: See Exhibit A:
IT IS ORDERED that the variance be denied to construct an addition located 59ft from the
centerline of County Road 134 which is an un- classified County Road.
SCR / of 3
Date signed: 2/25 l0 F,. 111 1 0 f�„ ,
Jam °se" Ross, Chairperson
Stearns County Board of Adjustment
STATE OF MINNESOTA )
) ss. ENVIRONMENTAL SERVICES DEPARTMENT
COUNTY OF STEARNS )
I, Donald W. Adams, Director of the Stearns County Environmental Services Department, do
hereby certify that I have compared the foregoing copy and Order denying this variance with
the original record thereof preserved in my office, and have found the same to be a correct and
true transcript of the whole thereof.
Dated this .1 day of r y , 2010.
Director, Environ ental Services Department
(SEAL)
•
Drafted by - • ° %i� . i ce;; •
Stearns County Environmental `r •
y onmental Services � •`�� -�• .�' `4� 705 Courthouse Square
St. Cloud, MN 56303 �'•'• ' ' ='�;'. ` ~
SCR? ,_of3
E ,c\i \o'r. A
That part of the Northeast Quarter of the Southwest Quarter (NB% SW %) of Section Twelve (12),
Township One Hundred Twenty -four (124) North, Range Twenty -nine (29) West, Steams County,
Mumesota, described as follows: Beginning at the Southeast corner of the NE% of the SW'h; thence
South 89° 47 05° West, assumed bearing, along the South line of said NE% SW% a distance of
492.30 feet to the Southwest corner of the East 15 acres of said NB'% of SW',4 and the actual point of
beginning of the land to be described; thence continuing South 89° 47' 05" West along the South line
of said NEJA SW',4 a distance of 5.01 feet to an iron monument; thence continue along the South line
of the NE'A SW' a distance of 543.23 feet, more or less, to the Southeast corner of Braun Addition,
a duly recorded plat of record; thence North 00° 05' 52" West along the East line of said Braun
Addition a distance of 529.12 feet to the Northeast corner of said Braun Addition and the South line of
that parcel described in the deed recorded in Book 330 of Deeds, page 547; thence North 89° 40' 02"
East a distance of 98.3 feet to an iron monument in place at the Southeast corner of the parcel
described in the deed recorded in Book 330 of Deeds page 547; thence North 00° 08' 14" West, along
the Bast line of the land described in the deed recorded in Book 330 of Deeds, page 547, a distance of
350.35 feet to the South right of way line of County Road 134; thence South 84° 09' 52" East along
the South right of way line of County Road 134 a distance of 450.55 feet to an iron monument; thence
continue South 84° 09' 52" East along said South right of way line of County Road 134 a distance of
2.04 feet to the West line of the East 15 acres of said NE% SW'A; thence South 00" 15' 35" West
along the West line of the East 15 acres of said NB.4 SW% a distance of 832.43 feet; more or less, to
the point of beginning, and there terminating. S-}- "3 1_ -�- %.4) p •
•
4- L Exc . SCR 3 of
411V : COUNTY OF STEARNS
%
--- Environmenta Services Department
'6 01.14--a Administration Center Rm 343.705 Courthouse Square • St. Cloud, MN 56303
� Q 320- 656 -3613 • Fax 320 -656 -6484 • 1 -800- 450 -0852
January 29, 2009
C & L Excavating, Inc
PO Box 99
St Joseph, MN 56374
Variance File No. 10 -03 RE: PARCEL #31.20801.0020
As you are aware, at the meeting of the Stearns County Board of Adjustment on January
28, 2010, your request for a variance from Section 9.12.8C of Stearns County Zoning
Ordinance #209 to construct an addition located 59ft from the centerline of County Road
134 which is an un- classified County Road was denied.
Property address: 7939 Ridgewood Rd, St Joseph, MN.
You may appeal the Board's decision to District Court within 30 days of receipt of this
letter. You can either contact an attorney for this process or file an appeal yourself with
Court Administration.
If you have any questions regarding the above, please contact our office.
Sincerely,
" / 1(Mte«. 4 / 2'i"
Environmental Specialist
e875.889U 'Affirmative Action / Equal Opportunity Employer"
', '\ , '0 t to 9, A P s 9„ ED 1 m �0 W O C �i • a
a.
Q . a C L1 y w< (D
el -w in A
Si ' C44 b. m . a g a ca 2 W
' m '" �� ( ' T. 0
• r 2" N . y . . . may . y `C v a.
Z N .fir p �' . a.A.� ...7.� C 6 c� 0
C O@ 'gy
� � o 3 . � (D3 cg' n G
n C+ 0 to ..,,c, el ' 5 5 = to � < k . . ► = X IJ c y . � m' O g g Is m
�( n o $ • W
4. ' 3 3 Q � p , .A. N coy 2. 0 j 2. lil a 7 Al
f0 G� .� m p
0- g ▪ 3 J N N S N (D 2 5 g E fe N e Z qa ' -)(?)
3 40 so
O ' O O 3* [ C "� 7 L i i
t4 , ....
i 13D
1 "� 1 gd ' S a I L
' ( p O � C v N O * `3 dl
D • 3 o h, J = g irk. n T 0 0
d 5 m e m ° •< Nm0 O , t C I alb 2. 40, a mg g a = -I
L N J N i fTl �'�1 O c o 7 N C ® r1 - 0 C
N a ' ° G $ � * O °� ZZ2
`' ° ° ° t G ° rn ��J�
E. o eP ° z st rn (oak � g d a� o b mow
..i. 3 < °3 g @ w zvio
Q $ � . R °'; R a --
-n $ so �^ w o 4 Z z 71 6
% 0 ' -< o
a a g R `` O,. , c yyo
•I o – V.k. O N y (� rrt m $
o m o � rt m 5 m
m ` o c d -1
1 I —C I I --C I I l I--c I I--< I I
0 1 'IP al Ob
I-s I —� 1--F 1 I 1 I z 1 1 I o
3 — � v
o I I I- 1 1---� 1 I t.1 1-=< 1 -- 1
n -, D 0
I t
1 -.. 1 1 1 I I I I --( I I 1
c no
g 1 I kg ItII- 11- mg wg
° CO o= I1
Fe I 1 V< 1 I'- 1 I . I t 1 H 1 Z 5 5 a N
0 C o o
I �� I +
I — 1 I� -�- - I y c 5 0
2 5S.
o o
0
n a
0
c
Z
Stearns County Environmental Services
Board of Adjustment Staff Report
Date: January. 10, 2010 File: 10 -03
Name of Applicant: C & L Excavating Inc. TWP: St. Joseph
Parcel #: 31.10801.0000 Staff: Monica Peters
Relevant Facts:
C & L Excavating built the existing structure in 1999 before the enactment of
Stearns County Zoning Ordinance 209 and related road setback requirements.
The work area was expanded in 2002 to accommodate growth. That addition
was able to meet all setback requirements.
The existing office area is 16ft x 24ft extension toward the road. C & L
Excavating needs to expand the office area and is proposing to attach a 24ft
deep addition which would be located 59ft, at the closest point, to the centerline
of County Road 134 which is also known as Ridgewood Road. This section of
County Road134 is classified as a Minor Collector road. The expansion will
consist of attaching a used 24ft x 24ft structure that can match up to the existing
roof line. The structural setback requirement on a Minor Collector road is 100
from the centerline. The proposed expansion will be located outside of the road
right -of -way.
Possible impacts: Staff has submitted this variance request packet to County
Highway Department for comment on the possible impacts.
Comments:
1. The proposed setback request is a 41 % deviation from current zoning
requirements. One of the goals of the Comprehensive Plan is to assist
businesses with expansion possibilities.
2. The request will not have any effect on government services.
3. The request will not change the character of the neighborhood or result in a
detriment to neighboring properties.
4. The only option for office expansion would be to the east of the existing office
and that proposal would be cost prohibitive because of the need to change
the roofline.
5. The need for the variance request arises in part due to the fact that zoning
was enacted after the existing office was already located 83 ft from the
centerline of the road and it is due to growth of the business and the
subsequent need to expand the office.
6. If the Board determines a practical difficulty exists, then denying the variance
request does not serve the interests of justice.
Alternatives /Recommendations:
1. Grant or deny the variance based on the Findings of Fact.