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HomeMy WebLinkAbout[03] B & K Variance TOWNSHIP OF • SAINT JOSEPH CITY OF ST. JOSEPH PO BOX 585 PO BOX 668 St. Joseph MN 56374 St. Joseph MN 56374 320 - 363 -8825 320 -363 -7201 Jweyrens @cityofstjoseph.com Joint Planning Board St. Joseph Township / City May 14, 2012 7:00 PM St. Joseph Township Hall 1. Call to order 2. Approve Minutes —April 9, 2012 3. 7:00 PM Public Hearing — Variance B & K Properties Front Yard Variance 4. Adjourn TOWNSHIP OF -� SAINT JOSEPH CITY OF ST. JOSEPH PO BOX 585 PO BOX 668 St. Joseph MN 56374 St. Joseph MN 56374 320 - 363 -8825 320 -363 -7201 Jweyrens @cityofstjoseph.com Notes to the Agenda While the attached material speaks for itself, here is some additional information that was not included: • The tape of the public hearing was played and the property owner stated they were requesting authorization to attach an existing structure for an office. • The first paragraph of the adopted findings indicated the hearing was to attach a structure. • The new hearing is required the plans have changed with the new construction. The question has to asked if the variance was granted in part to the use of the used structure they purchased and tying retro fit the structure. TOWNSHIP OF A -,,, , - SAINT 1OSEPH CITY OF ST. JOSEPH PO BOX 585 PO SOX 668 St. Joseph MN 56374 St. Joseph MN 56371 320.3634825 320- 363 -7201 •cam 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, May 14, 2012 at 7 p.m. 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, two story, 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 /4SW 1 /4 Section 12, T124N, R29W, St. Joseph Township located at 7939 Ridgewood Road, St. Joseph, MN. Parcel No. R31.20801.0020 All interested persons are invited to attend. Ann Reischl Town Clerk STATE OF MINNESOTA ST. JOSEPH JOINT PLANNING BOARD COUNTY OF STEARNS VARIANCE PROCEEDINGS In the matter of: A request for variance submitted by B & K Properties, LLC to secure 41 foot variance on the front yard setback to allow for the construction of a two story addition, 24' x 24' to be utilized for office expansion. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. PROPERTY ADDRESS: 7939 Ridgewood Road PROPERTY IDENTIFICATION NUMBER: See Attached "Exhibit A ". 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. On March 12, 2012 the Joint Planning Board granted a 41 foot front yard variance to B & K Property to allow the addition of a 24' x 24' foot addition to the existing facility. Based on testimony by the property owner, Ken Cox, the addition would consist of attaching a pre purchased house that has been sitting on the property. 3. The variance approved by the Joint Planning Board on March 12, 2012 required the property owner to secure an executed encroachment agreement with Great River Energy. The agreement was required as Great River Energy has infrastructure located within the easement, for which B & K is requesting encroachment. B & K Properties has provided the required agreement. 4. On April 24, 2012 it was brought to the attention of St. Joseph Township that the property owner was constructing a two story structure for the office facility, abandoning the use of the pre - purchased house. 5. Upon receiving a building permit stop order, the property owner indicated that the decision to change to new construction was based on the lack of availability of the house mover and minor cost difference for new construction. 6. The property owner has submitted revised building plans to include construction of a two story office addition that is 24' x 24', requiring the same variance sought on April 24, 2012, 41 feet. 7. On April 28, 2012 B & K Properties submitted a new request for variance to request a 41' variance to allow the construction of a two story office addition, 24' x 24'. DECISION AND CONCLUSION Based on the Finding of Fact, the St. Joseph Joint Planning Board approves the approves / denies variance on the front yard setback based on the following: APPROVAL — Contingencies could include: 1. The variance is being granted approving site plan , which provides for a two story office building not to exceed 24' x 24'. The variance is approving the specific site plan and modifications to the approved plan must be approved by the Joint Planning Board. 2. The pre - purchased house that is currently located on the property, must be removed from the property within days. 3. The granting of the variance does not establish the front yard setback for future building on the aforementioned property or adjoining property and the granting of this variance does not establish or create a hardship or practical difficulty for future building. 4. Setbacks for any additional building must meet the setback requirements of the Ordinance. DENIAL — Reasons must be identified 1. Was the original variance approved due to financial reasons and it was the most cost effective manner to attach the building? 2. Does new construction provide alternatives for building that would not require a variance 3. Stearns County Highway has previously submitted a letter requesting the Board Deny. Therefore, based on the findings stated above, the Joint Planning Board approves /denies a 41 foot front yard variance to B & K Properties LLC ST. JOSEPH JOINT PLANNING BOARD By Jerome Salzer, Chair By Ann Reischl, Secretary St. Joseph Township Clerk Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201 04/30/201.2 MMON 14 :34 FAX 320 363 8386 CAL EXCAVATING ®002/003 I RECEI .e: AGENDA # STEARNS COUNTY ENVIRONMENTAL SERVICES V�p ADMINISTRATION CENTER, ROOM 343 705 COURTHOUSE SQUARE 3 0 2012 ST. CLOUD, MN 56803 ENW (320) 656-3613 OR 1-800-45fld 852 j • VARIANCE APPLICATION File No. , -A .. P roperlyOwner(s): C. it qk� l �i , OD 01 . 01 — -, l►iailingAddress, City, State, Zip Phone Vcj Property Address 19 ' ( 1!..r • aa! -/ & dt #71) 54 ) 3 ,p Address City State/Zip Parcel No. 4 3! . aeogOi r 60.3o Legal Description: (Copy of Recorded Deed, Certificate of Survey required upon receipt of this form.) rsra Applicant requests variance from Sections) — rr of Stearns County 41/74 Ci'.sC Z/7 /!? q mss) No(s) 57 Tho intended use that does not comply with the ordinance(s) is: 7`n 01/1- SYMC t O -24 7901 X /t /, i if L i ' , ri �� / IL. i 7Y t, r " r it" Iii //" i %' -. "le"' #h--► 41 OV , - / �0s i . «a The grounds for requesting the va iance are as fo (Explain whnt of the ordinances) will ctka cause a pral difficulty or the strict conformity of the standards arctical. or rut feasible under rite dren,ms . ) O 4l . C orn "' / ' S i F) h 4 al > � 1.. .17) a Ayxa d., � s i]. `C,, ..... . id `nt ' tom.! , rr dill' i / m , .l,�ul�`rn. 0 u � t/ r p , a • , -PS _ . �1, aLS lv ' add oh -�dke, ,MI' .t, tj C(.lore- a z LeC-•s' ''1� LA l[___ • • fel.' /„ / !41 ,,# 7u a Variance Granted By Township (AtaachCopy) 1 hereby swear and affirm that the infor mation supplied to Stt rns County Environmental Services is accurate and true. I acknowledge that this application is rendered invalid and void should the County determine that information suppliedd by me, the applicant;, in applying for this variance, is inaccurate or untrue. Incomplete applications shall expire six (i6) months front the date of application. Signature of this application authorizes Environmental Services Staff to enteruponthep ytoperformneededinspections, lIntrymaybewft outpriornotloe Signature: / ICe" -- CA"C�.. Datted: _ i�4' 0'" All Property Owners Must Sign t Fee: (Nan - Refundable): $ Receipt No. . Stearns County Environmental Services Board of Adjustment Staff Report Date: February 8, 2012 File: 12 -03 Name of Applicant: B & K Properties of St. Joseph, Inc. TWP: St. Joseph DBA: C & L Excavating Parcel #: 31.20801.0020 Relevant Facts: C & L Excavating built the existing structure in 1999 before the enactment of Steams County Zoning Ordinance and related road setback requirements. The applicants applied for and received a construction site permit for a 48 foot by 84 foot addition to the work area in 2002 to accommodate growth. That addition was able to meet all setback requirements. The property is Zoned Industrial. 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 24 foot by 24 foot addition which would be located 59 feet, at the closest point, to the centerline of County Road 134 which is also known as Ridgewood Road. This section of County Road 134 is classified as a Minor Collector road. The expansion will consist of attaching a used 24 foot x 24 foot 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. The proposed addition will also encroach into the Great River Energy electrical line easement, and Great River Energy has been notified of the encroachment (see attachment). 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 applicants are proposing to use the property in a reasonable manner. 3. The need for the variance request arises in part due to the fact that the Zoning Ordinance 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. 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 issuance of the variance will not change the essential character of the locality, as the area is Zoned Industrial, and the proposed expansion is outside of the road right -of —way. 6. While economics is a consideration of the proposal, cost of changing the structure, this is the only feasible location for an expansion of the office. Alternatives/Recommendations: 1. Staff recommends that a condition of the variance, if granted, is that the Encroachment Agreement with Great River Energy is executed and recorded prior to the issuance of the construction site permit. 2. Grant or deny the variance based on the Findings of Fact. 04/30/2012 NON 14:34 PAX 320 363 8386 C6L EXCAVMING 0003/003 1 0 0 co 0 CI =DI va g N ` IJ r— 111 A x z 1 ,,.... ‘ . O 'off - 0 it . , i C3 < A CI 0 J 0 i a _ . _ 9 . . 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WV .111 - \ 0.__ O _ O ff 1 0 (1� Q 11 if— io Alt 1 W ca l, .4 -- U 0 r c1) X c) 0 St. Joseph Joint Planning Board IN RE: FINDINGS OF FACT Application of 8 & 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.