HomeMy WebLinkAbout[04] Special Use Amendment - Mike Deutz Planning Commission Agenda Item 4
CITY OF ST. JOSEPH
MEETING DATE: September 4, 2012
AGENDA ITEM: Public Hearing — Special Use Amendment
Exterior Improvements
31 Minnesota St E
SUBMITTED BY: Administration
PREVIOUS PLANNING COMMISSION ACTION:
1. September 2006 — Planning Commission recommends and City Council approves a special use
permit to allow a mixed use development for the property at 31 Minnesota St W. A
development agreement was executed and recorded.
2. September 2009 — The Planning Commission recommends and the City Council approves a
special use permit to allow a mixed use development for the property at 31 Minnesota Street
W. The owner in 2006 did not complete the project requiring a new hearing. The Planning
Commission and City Council extended the requirements of the 2006 Special Use Permit
extending the exterior requirements to September 2012.
3. August 2012 — The property owner request relief from the exterior requirements necessitating
an amendment to the special use permit.
BACKGROUND INFORMATION: The property owner is requesting relief from the paving requirements
due to the cost and financial viability of the property.
ATTACHMENTS: Request for PC Action
Public Hearing Notice
Property Owner request — Adam Ripple
Development Agreement — 2006
Requirement — 2009
City Attorney information — August 2012
Past Minutes
REQUESTED PLANNING COMMISSION ACTION: Review and forward recommendation to the City
Council.
THIS PAGE INTENTIONALLY LEFT BLANK
- \ CITY OF ST. J OSEPH
www.cityof stjoseph.
City of St. Joseph
Public Hearing
The Planning Commission for the City of St. Joseph will be conducting a public hearing on
Tuesday, September 4, 2012 at 7:00 PM. The purpose of the hearing is to consider an
Administrator amendment to the special use permit issued on September 3, 2009 releasing the property
Jud Weyrens owner from the requirements to pave any portion of the property for parking, leaving the
parking lot in its current state. The Special Use Permit issued on September 3, 2009 allowed
for a mixed use of residential and commercial and allowed the property owner two years to
Mayor complete the exterior improvements. The property is located at 31 Minnesota Street W,
Rick Schultz legally described as follows:
Parcel 1:
Councilors
Steve Frank Lot seven (7), Block nine (9), less the East 6 feet thereof;
Bob Loso ALSO LESS the South 99 feet of Lot 7, less the East 10 feet thereof, Block 9, all in Original
Renee Symanietz Townsite (now City) of St. Joseph, according to the plat and survey thereof, now on file and
Dale Wick record in the office of the County Recorder in and for Steams County, Minnesota.
Parcel 2:
Lot Eight (8), less the East 2 feet thereof, and the East 6 feet of Lot Seven (7), Block Nine (9),
Town (now City) of St. Joseph, according to the plat and survey thereof, now on file and of
record in the office of the County Recorder in and for Stearns County, Minnesota.
Mike Deutz, PO Box 634, St. Joseph MN 56374 has submitted the request for relief of the
Special Use Permit requirements re- affirmed in 2009.
Judy Weyrens , 1 %l 'ice` .4 % %,II
Administrator � %' ' .4 � .r
Note: MN Statute requires mailed notice
To all property owners within 350' i `` �'- �� �,
l
of a request for special use, variance, �� %r ' 111111
re-zoning n or interim use. , ►� , e
Mike Deutz
31 Minnesota St W
zc College Avenue North • PO Box 668 • Saint Joseph, Minnesota 5 6 374
Phone 3zo.363.710r Fax 32.0.363.0341
THIS PAGE INTENTIONALLY LEFT BLANK
DEUTZ PROPERTY
OPTION A
EDGE OF EXISTING
ALLEY BITUMINOUS
j PROPERTY LINE
EXISTING
CLASS 5
PARKING
2 ;
i- EDGE OF EXISTING
�- BITUMINOUS STAMS '
PARKING
LOT
BUILDING
BUILDING
BUILDING
, -
MINNESOTA STREET
RJNKE NOONAN
attorneys at law
July 27, 2012 Direct Dial: 320-257 -3868
Aripple@RinkeNoonan.com
City of St. Joseph Planning Commission
c/o Judy Weyrens
25 College Avenue North
PO Box 668
St. Joseph, MN 56374
SENT VIA US MAIL & EMAIL TO: iwevrens(a,citvofstioseph.com
Re: 31 Minnesota Street
Our File No. 7959.005 •
Dear Ms. Weyrens:
Our office represents Mike Deutz. The purpose of this letter is to formally submit development
plans for Mr. Deutz's property at 31 Minnesota Street (the "Property ") to the Planning
Commission as requested by the City Council at its July 19, 2012, meeting.
BACKGROUND
The Property is zoned Central Business District -B1, and is subject to a Developer Agreement
with the City dated March, 14, 2006 (the "Agreement "). In the Agreement, the prior owner had
planned to develop commercial office space on the Property. The prior owner determined that
the proposed development was not financially feasible and Mr. Deutz eventually purchased the
Property. In 2009, a special use permit was transferred to Mr. Deutz to allow residential use in
the upper levels of the building located on the Property. At the time of the transfer, Mr. Deutz
was unsure of the best use for the Property and the City, by resolution, granted Mr. Deutz an
extension of time to complete exterior improvements to the building, address parking, and
submit a landscaping plan. Mr. Deutz has since completed the exterior improvements, completed
•
renovation in the interior of the building, leased upper portions of the building to residential
tenants, and opened a laundromat on the ground level of the building. Mr. Deutz has removed a
dilapidate garage from the Property, graded the north side of the Property, and laid down crushed
granite.
REQUEST
Mr. Deutz requests to (1) be released from unrealistic requirements in the defunct 2006
development plan; and (2) that he be allowed to leave the parking area on the Property unpaved
and in its present state.
Suite 300 US Bards Plaza
1015 W. St. Germain St. F:IDATA17959100511 alenUsna City of St. Joseph Panning Commission 7 27 e
7/77/2012 2 1 10:36 :36 AM
P.O. Box 1497
St. Cloud. MN 56302
320.251.6700
www.rinkenoonan.com
City of St. Joseph Planning Commission
July 27, 2012
Page 2
RATIONALE
1. In the resolution dated September 3, 2009, the City Council acknowledged the prior
owner's determination that the development plan proposed in the Agreement is no longer
financially feasible. To hold Mr. Deutz to the previously proposed development plan will
ensure financial failure for the development of the Property. In fact, the City has
permitted Mr. Deutz to redevelop the Property differently than proposed in the defunct
development plan for the Property, and he has opened a laundromat instead of
commercial office spaces. This change to a less intensive use should be accompanied by
a less intensive parking requirement.
2. The Agreement required the creation of 21 parking stalls in compliance with the parking
lot standards in Section 52.10, Subd. 5, of the City Ordinance. However, Subd. 4 of the
same Section of the Ordinance exempts property in the Central Business District from
any off -street parking requirement. Mr. Deutz requests to have his existing building
treated with the same exemption as similarly situated properties.
3. Mr. Deutz has invested significant funds to renovate the Property. Paving the north side
of the Property as contemplated in the defunct development plan from 2006 is estimated
to cost in excess of $40,000. The revenue stream from the Property does not currently
pay for the operation and maintenance cost of the Property. Any requirement to incur
additional costs associated with paved parking will not create additional cash flow. Such
a requirement will only magnify the existing cash flow problem and potentially add to the
number of vacant commercial sites that the Council has acknowledged is a problem
within the City.
4. The removal of the dilapidated garage has created a significantly larger parking area than
contemplated in the defunct development plan from 2006. Paving only a portion of the
Property is not very practical or financially prudent; paving the entire north side of the
Property is unreasonable and cost prohibitive.
5. The north side of the Property that has been graded and covered with crushed granite
currently serves as a very functional parking area. The area is utilized by surrounding
businesses for their delivery trucks and customers and by patrons of fundraisers put on by
local charitable organizations. Mr. Deutz is happy to accommodate the continued use by
these businesses and charitable organizations if the Property is permitted to remain
unpaved. Mr. Deutz, however, is not willing to foot the bill for providing paved parking
for others.
CONCLUSION
Mr. Deutz desires to continue to work with the City to resolve any issues or concerns related to
31 Minnesota Street in a manner that allows him to continue his current business use of the
F:\DATA \7959\005LLestcri ct, r City of St. Joseph Planning Commission 7 27 2032.6ocx
7/272012 10:36 AM
City of St. Joseph Planning Commission
July 27, 2012
Page 3
Property. Mr. Deutz requests that he not be held to the requirements of an unworkable
development plan from 2006 that he did not participate in and which exceed the present
requirements of the City's ordinances. Mr. Deutz proposes to continue to operate his business on
the Property as it is currently configured without paved parking.
It is our understanding that Mr. Deutz's request will be considered by the St. Joseph Planning
Commission at its August meeting. The Planning Commission will then forward a
recommendation to the City Council for final consideration. Mr. Deutz intends to appear at both
of those meeting. If you have questions, concerns, or request additional information, please feel
free to contact me at 320/257 -3868.
Sincerely,
Adam A. Ripple
AAR/j1p
cc: Mike Deutz
F: IDATA179S9100StLetterslLette, City of St Joseph Planning Commission 7 27 2012.does
7127/2012 10:36 AM
I J RINKE NOONAN
attorneys at law
August 2, 2012 Direct Dial: 320 -257 -3868
Aripple@RinkeNoonan.com
City of St. Joseph Planning Commission
c/o Judy Weyrens
25 College Avenue North
PO Box 668
St. Joseph, MN 56374
SENT VIA US MAIL & EMAIL TO: iwevrens(citvofstiosenh.com
Re: Property: 31 Minnesota Street, St. Joseph, MN
Our File No. 7959.006
Dear Ms. Weyrens:
This is a follow up to my letter dated July 27, 2012. It is my understanding that the next St. Joseph
Planning Commission meeting will be held on August 6, 2012. Mr. Deutz will be out of the state on that
day and will unfortunately not be able to attend that Planning Commission meeting.
Mr. Deutz asks that the Planning Commission consider his request at its September 10, 2012 meeting
instead of its August 6, 2012 meeting, so that he can be present to answer questions or address any
concerns from the Planning Commission. While Mr. Deutz believes this may still leave an adequate
amount of time to address the matter prior to September 30 deadline referenced in the June 8, 2012 Letter
from the City, he asks that the City remain flexible on timing. Mr. Deutz has made a good faith effort to
resolve this issue in a timely manner. Mr. Deutz previously requested to appear before the Planning
Commission in July as he was directed to do in the June 8, 2012 Letter from the City, but he was instead
told to appear before the City Council. The Council, at its July 19, 2012 meeting, took no action and
simply referred the matter back to the Planning Commission.
As previously stated, Mr. Deutz desires to continue to work with the City to resolve any issues or
concerns related to 31 Minnesota Street in a manner that allows him to continue his current business use
of the Property. Mr. Deutz requests that he not be held to the requirements of an unworkable development
plan from 2006 that he did not participate —one which exceeds the present requirements of the City's
ordinances. Mr. Deutz proposes to continue to operate his business on the Property as it is currently
configured without paved parking.
If you have questions, concerns, or request additional information, please feel free to contact me at
320/257 -3868.
Sinc rely,
Adam A. Ripple /l
A Ba
nk F
Suite 300 US nk a
1015 W. St. Germain St.
P.O. Box 14R: Mike Deutz
St. Cloud, MN 56302
320.251.6700
www.rinkenoonan.com
RE CEIVED
JOSEPH OFFICE OF COUNTY RECORDER
CITE OF ST. , STEARNS COUNTY, MINNESOTA
Dom# 1191243 = .�
Certified, Filed, and/or Recorded on Ifs
r�rn
04-26 -2006 at 09 :14 AM
DIANE GRUNDHOEFER o
STEARNS COUNTY RECORDER o
CITY OF ST. JOSEPH
DEVELOPER AGREEMENT
�v41
THIS AGREEMENT, made and entered into this 4 of 0 2 006 , by and
between Percheron Properties, a Minnesota limited liability company, hereinafter called
"Developer" and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the
"City ".
WITNESSETH:
WHEREAS, the Developer is the owner of a certain real property located within the City limits
which is to the pllat t thereof on file with as Lot 8 and th part of Lot 7, Block 9, Townsite of St. Joseph,
according to the Steams County, Minnesota Recorder (the "Property");
e
and
WHEREAS, the Developer has submitted to the City for approval the plans and drawings listed
on Exhibit A attached hereto; and
WHEREAS, the City's Code of Ordinances allows the City to require a Development Agreement
to provide for inspection and review during the construction of the Project;
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY
AGREED AS FOLLOWS:
1.0 REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN APPROVAL The
1.1 gr a t final fo r Develop f he Development Plan for the Project to be constructed on
grant final approval o
the Property.
1.2 Condition of granted final a FUn a rove The
of the Development l Plan subject eto notice and
the terms
hearing, has granted fine
and conditions of this agreement.
y
1.3 ScgReSf Agreement: This Agreement, does of obligate Developer to construe hereof, t th e
only to the Project. This Agreement
SCR,. . -.--of l0
Project, but Developer must comply with the Agreement if it goes forward with the
Project. If Developer elects or is unable to go forward with the Project, or chooses
not to rebuild the Project after a fire or casualty, it may propose to the City a new
project or development for the property, subject to the regulations then in effect for
development approvals, and the Agreement shall not apply in any manner to such
a new proposal.
2.0 RIGHT TO PROCEED
The Developer may not grade or otherwise disturb the earth, remove trees, construct
sewer lines, water lines, streets, utilities, public or private improvements, or any buildings,
until all the following conditions have been satisfied: (1) this Agreement has been fully
executed by both parties and filed with the City Administrator; (2) the escrow required in
section 3.12 to secure performance of the Developer's landscaping obligations has been
received by the City; (3) the City has issued a letter that all conditions have been satisfied
and that the Developer may proceed, which letter will not be unreasonably withheld or
delayed.
3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS
3.1 DEVELOPMENT PLAN COMPLIANCE: All buildings and accessory structures
shall be sited and constructed on the Property as shown on the Development Plan
prepared by Outsource Management referred to in Exhibit A (hereinafter the
"Development Plan "), subject to the provisions of this agreement. Any deviations
from the Development Plan shall require prior approval by the City Planning
Commission.
3.2 BUILDING STRUCTURE: The building structure and all appurtenances must be
maintained structurally independent of adjacent buildings on separately described
parcels. As a mixed use the structure must be maintained in compliance with the
St. Joseph Zoning Ordinances for licensure as rental property.
3.3 BUILDING CODE COMPLIANCE: All buildings and accessory structures shall be
constructed in accordance with the Minnesota State Building Code as adopted and
modified by the St. Joseph City Code.
3.4 SITE PREPARATION: The Developer shall comply with any erosion control
method ordered by the City for the prevention of damage to adjacent property and
the control of surface water runoff. As the development progresses, the City may
impose additional erosion control requirements if in the opinion of the City Engineer
such requirements are necessary.
3.5 BUILDING ELEVATION: The proposed building(s) will not exceed the building
elevations shown on the Development Plan.
3.6 BUILDING EXTERIOR The building exterior shall consist of the following: Siding,
EFIS and Comice materials that provide weather barriers required by Minnesota
State Building Code. Such materials must be able to be maintained in compliance
with St. Joseph Zoning Ordinance Section 55. The building exterior must comply
with the plan approved by St. Joseph Planning Commission or better.
3.7 INGRESS /EGRESS: Vehicular access to the Property shall be as shown on the
Development Plan as referred to in Exhibit A.
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3.8 SIGNAGE: The Developer must provide detailed site plans for the
construction of any signage and the sign must meet the all the requirements
of the St. Joseph Zoning Ordinance.
3.9 LIGHTING: Lighting shall not exceed .40 candlewatts at the property line.
3.10 OFF STREET PARKING AND LOADING: The Developer shall provide at least 1
T
off street parking spaces based upon the mixed uses of the property. parking
lot must meet the standards outlined in St. Joseph Code of Ordinances 52.10
subd. 5 and further resident parking must be designated and marked as shown on
Exhibit A.
3.11 GRADING /DRAINAGE: The final drainage plans must be approved by both the
City Engineer and the County Engineer.
3.12 LANDSCAPING /FENCING /SCREENING: The Development will include
landscaping to include trees and grass as shown on Exhibit A.
3.13 UTILITY PLAN: The utilities shall be installed as directed by the City Engineer with
all plans approved before application for a building permit.
3.14 SIDEWALKS: The Developer must extend the sidewalk along 1 Avenue NW to
match the existing sidewalks.
3.15 ADDITIONAL REQUIREMENTS: The maximum rental occupancy shall be limited
to 10 and a rental license shall be secured each year as required by St. Joseph
Code of Ordinances 55.
The exterior exit stairways shall be maintained free of snow and ice and any other
elements that could impede or hamper escape or rescue from the floors above
ground level. All stairways shall be maintained structurally. independent of
buildings located on adjacent properties with different legal description from subject
property.
3.16 NPDES /CITY OF ST. JOSEPH SWPPP: At the time of application for a building
permit, a completed storm water application must be submitted and before work
can begin, a copy of the MPCA permit must be submitted to the City and must be
posted at the job site.
Per the developer, the impervious square footage has been reduced by 2,662
square feet.
3.17 FIRE/SAFETY REQUIREMENTS: Project must be constructed to comply with City
Code and IBC Automated Fire Suppression requirements.
3.18 REQUIREMENTS FOR BUILDING PERMIT: No building permit shall be issued for
this Property until the Developer has signed and returned this Development
Agreement and submitted any additional information as directed by the City
Engineer.
3.19 REQUIREMENTS FOR CERTIFICATE OF OCCUPANCY: Per State and City
building codes.
3.20 CONSTRUCTION SCHEDULE: The Developer shall apply for a building permit
within one year of the execution of this agreement. Failure to apply within the one-
year period shall render this agreement null and void. The improvements shall be
SCR 5 of 1-
rmit
substantially completed by the first (1 anniversary an of the date
ater t bUi the g se e ond
for the Project has been issued to Developer,
anniversary of the execution of this agreement, subject to reasonable extension for
delays due to force majuere causes and material supply shortages beyond the
control of Developer (the "Completion Date ").
4.0 GENERAL TERMS AND CONDITIONS
4.1 Title. The Developer hereby warrants and represents to the City, that Developer's
interest in the Development is fee owner.
4.2 Bindin Effect on Parties and Successors. The terms and provisions of this
Agreement shall be binding upon and accrue to the benefit of the heirs,
representatives, successors and assigns of the parties hereto and shall be binding
upon all future owners of all or any part of the Development and shall be deemed
covenants running with the land. Reference herein to Developer, if there be more
than one, shall mean each and all of them. This Agreement, at the option of the
City, shall be placed on record so as to give notice hereof to subsequent
purchasers and encumbrances of all or any part of the Property and/or Project and
all recording fees shall be paid by the Developer. If the
a write satn Project
the
sold or conveyed to a third party, and the third party, in
City, takes and assignment of, and agrees to assume the obligations of the
Developer under, this Agreement, the prior owner/transfer will, from and after the
effective date of the assignment and assumption, be released from any further
obligations under this Agreement; provided however,
that in no event will
Percheron Properties be released from its obligations under this Agreement prior to
the City's issuance of a certificate of occupancy for the Project.
4.3 Notice. Any notices permitted or required to be given or made pursuant to this
Agreement shall be delivered personally or mailed by United States mail to the
addresses set forth in this paragraph, by certified or registered mail. Such notices,
demand or payment shall be deemed timely given or made when delivered
personally or deposited in the United States mail in accordance with the above.
Addresses of the parties hereto are as follows.
If to the City at: City Administrator
City of St. Joseph
PO Box 668
St. Joseph, MN 56374
If to the Developer at: Percheron Properties •
400 Meyer Avenue
Albany, MN 56307
4.4 documents c t in attached Exhibit bit A are incorporated rporated by reference t int his
identified
Agreement.
4.5 License to Enter Land. The Developer hereby grants the City, its agents,
orm
employees, officers and appropriate contractors City t
the development the
inspections deemed app op p
• Property. .ce 4.6 Developer s Coma hall have Y performed Agreement
ofh is duties and obligations under this
Dvelope s
Agreement. Upon the written request of the Developer and upon the adoption of a
•
SCR 4 of Lb
resolution by the City Council finding that the Developer has completed
performance of all Developer's duties mandated by this Agreement, the City shall
issue to the Developer on behalf of the City and appropriate certificate of
compliance. prima The facie l evidence Compliance shall be in recordable
Developer has performed fo shall
it dutiesand
constitute puma
obligations under this Agreement.
4.7 Assignment. At any time before a Certificate Develolupon obtaining the express
Agreement may not be assigned by Developer except
written consent of the City.
4,8 Integration. This Agreement contains n all of the orrmodified
between the parties. This agreement may not be amended,
without the express, written consent of the parties hereto.
4.9 Execution in Counterparts. This Agreement ma and be executed in
inst umnyt umber of
counterparts, each of which shall constitute one
4.10 Governed by Minnesota Law. This Agreement shall be interpreted under the laws
of the State of Minnesota.
4.11 Representation. Rajkowski Hansmeier Ltd. Represents the City with regard to this
Agreement. Developer is hereby advised to seek, and has consulted, an
independent legal advisor prior to the execution of this Agreement.
4.12 Additional Terms. The following additional terms are being made a part of this
Development Agreement to continue in force and effect as though they were
dedications of the CIC Plat, unless according to their terms are intended to
terminate earlier.
5.0 DEFAULT AND REMEDIES
5.1 Default. Failure by the Developer to observe and perform any covenant, condition,
or obligation contained in this Agreement shall be considered a default by the
Developer under this Agreement. tice
t under
5.2 Right to Cure. The City shall give the have 10 days written whch to cure the de (or
this Agreement. The Developer s hall ave
in which to commence good faith efforts to cure if the default is one which cannot
reasonably be cured in 10 days).
5.3 Remedies. If an event of default is not cured by the Developer within the applicable
cure period, the City may do any, all or any combination of the following:
a. halt all further approvals regarding improvements or issuance of
building permits or occupancy permits relating to the Development
Property;
b. seek injunctive relief;
c. take any other action at law or in equity, which may be available to
the City. VL
Signed and executed by the parties hereto on th \�
9 day of , 2006.
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ATTEST CITY OF ST. JO EPH
n
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1.11111W i• -�' - _ , By f `/
J , .~ eyr- s e hard Car 'om
i dmi istrator Mayor
DEVELOPER
B
i t
y a d i�wn (d
Name ; Dodd 1�
Title V ice pr S;6( < rit
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
On this 1 Ott day of ywx.v k , 2006, before me, a notary public within and for
said County, personally appeared Richard Carlbom and Judy Weyrens, to me personally known,
who, being each by me duly sworn did say that they are respectively the Mayor and the City
Administrator of the City of St. Joseph, Minnesota, the municipal corporation named in the
foregoing instrument, that said instrument was signed on behalf of said municipal corporation by
authority of its City Council and said Mayor and City Administrator acknowledged said instrument
to be the free act and deed of said corporation.
S rh 6
Notary Public
Aa�t ..� t Ji
SARAH BIALKE ti
* 0
- - =Ss;„ NOTARY P UBLIC - MINNESOTA 6
STATE OF MINNESOTA ) • r ;yE My Commission Expires Jan. 31, 2010 �
COUNTY OF STEARNS )
On this __ day o f �G � 4 06 _ before me, notary public within and for •
said County, personally appeared ?d rid 4-14 /,d ,,to mc personally known,
who, being by me duly swom, did say that he/she is the vi' eS' d.'M - of
Percheron Properties, the limited liability company named in the foregoing instrument, and that
saigi in trument w s signed and ealed on behalf acknowl acknowledged company instrument r of its
to be the
free act and deed/of said conipaany.
f
4111111K, - _ ,/ �- JUDY ANN WEYREN A-A Al
•1 Pub!' � ..
cam' NOTARY PUBLIC - MINNESOTA
"IP D • TED BY : `;,, My Commission Expires Jan. at 2010
Rajkowski Hansmeier
PO Box 1433
St. Cloud MN 55302 SCR 4 of 1 0
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CITY OF ST. JOSEPH
�rne.cit stjosc
June 8, 2012
Michael Deutz
Adminimawr PO Box 634
St. Joseph MN 56374
Judi' %Pens
RE: Spade, Use Requirements — 31 Minnesota St W
Mayor Dear Mike:
Rick Schultz
Please find attached the executed resolution of finding issuing a spedal use permit for your
Caracas property located at 31 Minnesota Street West. As you are aware the spedal use permit to
Steve frank allow for mixed use of residential and commercial at the aforementioned property provided
Bob loco relief from the exterior requirements for a period of two years.
Renee Symanietz
Dale V,,c& As in indicated In the resolution adopted by the City Coundl on September 3, 2009, the
exterior improvements must be completed no later than September 30, 2012. The
resolution further Indicates that the plans for improvement must be reviewed and approved
by the Planning Commission. Therefore, please allow enough time for approval and
completion so that the completion requirement can be fulfilled.
If you have any questions or need additional information please feel free to contact me at
326.363.7201.
Sincerely,
CITY OF ST. JOSEPH
n
a: Randy Saban City Engineer
•
Tom Jovanovich, City Attorney
Terry Thene, Pubik Works Director
•
:S College Avenue North • PO Box b6e • Saint Joseph, Minnesota ;6174
Phone 3 so. ;61.72. os Fax 3so.363.o 34s
] OFFICE OF COUNTY RECORDER
STEARNS COUNTY, MINNESOTA '-
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Document: A1317544
Certified, Filed, and /or Recorded on 11111116
fri
June 09, 2010 12:23 PM
DIANE GRUNDHOEFER
STEARNS COUNTY RECORDER
Rasoludon of ending
The request of Mike Danz. br a Special Use Permit came before the Planning Commission at a poi* hearing held
on August 310009. The purpose the hearing Wit to consider yn amendment to the spedal use permit Issued
on Mt 16, 2009provWni relit of the exterior tepulreinalis io Include pinking irerliddscipineihe spade, are
,sued on July 26, 2009 allowed bra mboed use of residential and commercial. The property b located at 31
Minnesota Street W and Is k aNy desaibed es biota:
Lot seven (7), Block nine ( lass the East 6 het thereof;
ALSO WS the South 99 feat *flat 7, less the East 10 het thereof, Mock 9, al in °NON Taumalea (mow
City) fin. Joseph; according to the pit and survey thereof, now on Ilia and record in the office of the
County Recorder in and for St County, ultimata.
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and. •
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Lot art g). less the Last 2 feat them and the East 6 fat of Lot Seven (7), clock Nine a& maw (mow
am of at. v ecomdyna.to the pbt and survey theneo6 now en Me and armed N the Mite of the
County Recorder hand for Stearns County, Minnesota.
Tlia
Mast for Spode! the his been submitted by Mike Darin, Po lox 634, St. Joseph, MN 56374.
NORM oft* meteor was duly served end published.
in oondderat$oo of the !Amnion presented to the Planning Commission and Ns application to the
Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission made the fllowbwg
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L The Oty Council, upon recommendation of the Planning Commission, Issued a spedel use permit to Ow
a mined use development It 31 Minnesota Street West. The Coundl further authorised mrecuAbn of
• Development
Agreement that included redevelopment of the property over a two year jaded, edth the
eunterlor improvements completed no bier then September 2020.
2. The property owner requesting special use on July 6, 2009 has since sold the property es R wes his
determination that the project was not 1NnsnduNy feasible.
3. Since Special the Permits are trersferable and recorded wltn the property the new proparq owner
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assume the terms and condition of the SIP issued on Ark 16. 2009.
4. The property at 31 Minnesota Street Is ( was) in a state of repair and the new property owner is requesting
eddltlonal time to evahmte the best use of the facility and whether or not the facility should be razed or
improved.
S. Due to the economic conditions, the City of St. Joseph has a number of vacant commvdel sites for luso
and the proposed use MN add to the Inventory and the property owner cannot assure that a taunt an
be secured for the commercial portion of the facility.
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Approval of the amendment to the special use permit issued on July 16, 2009 providing relief of the exterior
requirements to include parking and landscaping with the following contingendes:
1. The property shall remain in cornpiiance with the St. Joseph Code of Ordinances reprdin( the ratio of
residential dwelling units and commercial space.
2. The property owner will not be required to pave the parking area or compete a landscape pion until
September 30, 2012.
3. The property owner will submit development plans to the Planning Commission before completing the
paving and landscaping.
/ldoptad tins d day of MIAIMING 2009
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TWS DOCUMENT Oltil F110 BY:
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vvnr. cit
September 16, 2009
Administrant Mike Deutz
J v oles PO Boot 634
St. Joseph MN 56374
Mayor RE: Special Use Permit — Temporary Relief of Exterior Requirements
Al fussier
Cowden Dear Mike:
Sloe ose As you are aware the City Council considered your request for amendment to the Special Use
Bob Permit issued on September 3, 2009. Attached is a copy of the Resolution of Finding adopted
Renee by the City Council. The Clty Council approved relief on the parking and exterior
Ddle
improvements until September ptember 30, 2012.
If/When you decided to move forward with the improvements a site plan must be submitted
for review and approval by the Planning Commission. Please allow a minimum six weeks from
the time of application to approval. If 1 can be of further assistance please feel free to contact
me at 320363.7201.
Sincerely,
CITY OF ST. JOSEPH
a s
ro
nistrator
zs College Avenue North • PO Box 668 • Saint Joseph. Minnesota f6374
Phone 3 2. o.363.720I Fax 31o.363.o34a
September 12, 2005
Page 1 of 4
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Monday, September 12, 2005 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair Gary Utsch. Commissioners: Marge Lesnick, Jim Graeve, Al Rassier, Mike
Duetz
Others Present: Ted Schmid, Jerry Hettwer, David Potter, Jerry VonKorff, Dean Wick
Approve Agenda: Graeve made a motion to approve the agenda as presented; seconded by
Lesnick and passed unanimously.
Minutes: Lesnick made a motion to approve the minutes of August 8, 2005; seconded by Rassier
and passed unanimously.
Public Hearing — Percheron Properties: Chair Utsch called the public hearing to order. Weyrens
stated that the purpose of the hearing is to consider issuance of a special use permit to allow a
rental unit in a B1 Zoning District.
This request for Special Use has been submitted by Percheron Properties, 400 Meyer Avenue, Albany
MN 56307.
Dean Wick, Outsource Management, was present at the meeting to represent Percheron Properties. He
reported that the existing Dehler /Linnemann Building has been purchased by Percheron Properties, LLC.
It is their intent to use the facility with business on the lower level and rental on the second and third level.
No one present wished to speak and the Public Hearing was closed.
Weyrens advised the Commissioners that they are not looking for approval of the Development Plan;
rather they are requesting the Special Use Permit to allow for the mixed use of General Business and
Rental. Rassier stated that they received some information in preparation for the meeting, which had
several conditions that should be met before approving the Special Use Permit. He would like to make
sure that those issues are outlined in the Development Agreement.
Wick advised the commissioners that they are currently working with the Downtown Committee as to what
they would like to see for the exterior of the building. He stated that they should have some clarification
on this within the next couple of months. Deutz clarified that they will be refacing all four sides rather than
just the front of the building.
Utsch stated that he has no problem with their request for a mixed use. Rassier added that due to the
area of town in which this property is located, he would have no problem allowing this Special Use Permit.
Deutz questioned whether or not this was a rental unit at one time. He was advised that they scheduled a
hearing for this, but yet the owner never followed through with the process so it was dropped. According
to Deutz, there are several things that will need to be updated before those units can be rented.
Deutz made a motion to recommend the Council approve the Special Use Permit contingent upon
the following:
1. Meeting all applicable Ordinance requirements
2. Completing the Rental Licensing process
3. Completing the Development Plan process
The motion was seconded by Graeve and passed unanimously.
Wick also asked the Commissioners whether or not they would need to pave the parking lot. Weyrens
stated that based on her understanding of the Ordinance the parking lot would need to meet the
requirements which include paving. The Ordinance requires compliance when the use of a building has
September 12, 2005
Page 2 of 4
changed requiring the issuance of a building permit. The plan before the Commission changes the use
from a Commercial/Owner Residential use to a commercial /residential rental use. The Commission
concurred with Weyrens informing Wick that the parking lot would need to meet all the requirements of
the Parking Ordinance including circulation and stripping.
Midnight Haulers — Reauest for Relief from Curbing: Previously, the Planning commission considered the
request of Midnight Haulers to construct an expansion to their existing facility. At that meeting, they
agreed to curb the perimeter of the parking and paving areas. Now, the property owner is requesting relief
on that requirement. Weyrens stated that once a plan is approved, staff does not have authority to
change the site plan.
David Potter, Midnight Haulers, was present at the meeting to request that the commissioners waive the
need for curbing around their property. Potter explained to the commissioners that on their original site
plan, they lapsed on the amount of curb and gutter around the perimeter. They also need curb and gutter
around the parking areas. For Potter, the biggest issue with the requirement of curb and gutter is the
costs associated with that. The costs to install curb and gutter around the perimeter are as follows:
$16.50 / sq. ft. x 700 sq. ft. = $12,000
Potter also stated that he would need to install a storm sewer pipe as well to allow for drainage to the
holding pond. The cost to do this puts him approximately $90,000 over budget Without the curb and
gutter, he stated that they would have natural run -off and as a result, alleviate any need for the storm
sewer pipe.
There are several other items that Potter stated are putting him well over his budget for the project. They
include:
❑ The original plans indicated brick along the front of the building (along 19 Avenue) and steel
around the rest of the building. Now, he is being told that he needs to have brick around the entire
building 6' high. He had originally planned to put a screened fence around the building so that
would alleviate any need for the brick around the entire building.
❑ Sprinkler System: He was unaware of the fact that he would need to install a sprinkler system
inside the building.
Combined with the costs for the curb and gutter, he estimated that he is approximately $220,000 over
budget.
Weyrens stated that he would need to speak with Ron Wasmund in reference to the need for the sprinkler
system, as this is a building code issue. In regards to the need for the sprinkler system, Deutz questioned
when that became part of the building code. Potter was under the understanding that if he did not have
items stacked more than 12' high, he would not need a sprinkler system.
Several of the commissioners attempted to give some ideas to Mr. Potter as to what he could do to avoid
putting in the curb and gutter. Rassier questioned whether or not he could drain into the holding pond to
the neighbor on the South. Potter stated that he has spoken with American Manufacturing and they do
not want him to drain into their holding pond as they have future plans for expansion. Deutz suggested a
swale on the east side of the property. Potter advised Deutz that there is an electric easement on that
side of the property. Another suggestion was to install a rollover curb.
After hearing Potter's concerns, the commissioners stated that they cannot give curb relief until they have
an idea of how to deal with drainage. Utsch suggested that they work with their engineers and bring back
some different options and then they could request a variance, as curbs are required per the City
Ordinances.
In conclusion, Potter also questioned why there was such an increase in the WAC /SAC fees. The
commissioners advised Potter that they do not set the fees.
July 06, 2009
Page 1 of 4
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Monday, July 6, 2009 at 7:00 PM.
Members Present: Chair Kathleen Kalinowski, Commissioners Ross Rieke, Mike McDonald, Mike Deutz,
Brian Orcutt, John Meyer, Dale Wick and City Administrator Judy Weyrens
City Representatives Present: City Engineer Randy Sabart
Others Present: Margy Hughes, Dean Wick, Kurt Sauer, Howard Zimmer, Rudolph Zimmer, Roger
Hansen, Judy Meyer, Linda Brown, Corey Gerads, Tom Herkenoff, Anne Schwartz
Approval of the Agenda: Deutz made a motion to approve the agenda; seconded by Rieke and
passed unanimously.
Minutes: Meyer made a motion to approve the minutes of June 1, 2009; seconded by Orcutt and
passed unanimously.
Public Hearing, Kurt Sauer - Special Use Permit: Kalinowski called the public hearing to order and stated
the purpose of the hearing is to consider issuance of a special use permit to allow a rental unit in a B1
Zoning District. The property is located at 31 Minnesota Street W (formerly the Linneman Building).
St. Joseph Code of Ordinances 52.30 Subd. 3(f) includes the following use: Mixed use of a Permitted Use
and a multiple residential dwelling unit; but only if at least 50% of the interior square footage (exclusive of
the basement or cellar) is used full time for a Permitted Use, and said permitted and residential uses are
not conflicting. The area consisting of multiple residential dwelling units must meet the standards of
Section 52.29, Subd. 5 and 6; and said residential uses occupy only the upper and/or rear portions of
structures. Off - street parking requirements shall be separately determined for the commercial and
residential uses in accordance with Section 52.10.
The request for Special Use was submitted by Kurt Sauer, 8573 Orange Road, St. Joseph.
Weyrens stated that the application before the Commission is the identical plan which was submitted in
2005 and approved by both the Planning Commission and City Council. Special Use Permits by Statue
expire one year after inactivity. Since the project was not completed and work stopped the SUP is null
and void. The information presented to the Commission is the development agreement that was
previously executed. The property owner is requesting to phase the development with the interior
completed in 2009 and the exterior by 2010.
Kurt Sauer approached the Commissioner on his own behalf and stated that he was available to answer
any questions relating to his request.
Margy Hughes, 128 Able Ct E spoke to the Commissioners in support of the request. On behalf of the St.
Joseph Action Group, Hughes stated that their goal and mission is the revitalization of the downtown
which was started a couple of years ago by the EDA. They have worked with Kidstop to decorate the
building with pictures made by the children. She added that the building makes an exciting first floor with
opportunities for various activities. With the amount of square footage, Hughes stated that this really is a
great building. In conclusion, Hughes stated that she encourages the City to accept the provisional use.
Dean Wick, Outsource Architecture, approached the Commissioners as well. He stated that he has been
in the building and is pleasantly surprised that it is not as bad as people thought. Wick advised the
Commissioners that he prepared all of the original drawings for the building.
The public hearing was closed at 7:05 PM.
McDonald stated that, based on the development agreement, there is no need for a grading plan as they
are reducing the impervious surface. He questioned how that is being done. He then questioned whether
July 06, 2009
Page 2 of 4
or not they will take immediate action to remodel the inside. Sauer stated that he will begin the interior
remodeling once the SUP is approved and due to the cost and extent of repairs he is requesting to wait
until 2010 to complete the exterior improvements including landscaping. In response to the question
relating to impervious surface, Wick stated that classified fill is considered impervious surface as well.
They plan to add landscaping where the currently class 5 is located. Sabart also advised the
Commissioners that compacted gravel is considered impervious surface.
Deutz stated his concern for the lack of parking in the downtown area and that he is in favor of finding
alternatives to provide additional parking. He then questioned that if the landscaping were removed could
additional parking space could be provided. McDonald spoke in opposition to fewer parking spaces as he
believes it is not right to change the parking requirements if they are unsure of who will occupy the space
once it is renovated. He agreed with Deutz and stated that the lack of parking downtown is detrimental to
the downtown area. According to Meyer, all downtowns have the same issues relating to parking. There
is a municipal parking lot a 1/2 block away which Deutz stated is already being used. He added that if the
City is serious about changing the downtown atmosphere, the parking needs to be changed as well. Wick
stated that he agrees with Meyer and that the additional trees would add more value to the downtown
than the additional two parking spaces. Deutz disagreed.
Meyer made a motion to recommend the Council issue a Special Use Permit to Kurt Sauer,
Percheron Properties, to allow a mixed density development at 31 Minnesota Street West. The
Development will consist of housing on the upper levels and retail space on the main level. The
property owner is allowed to phase the project, completing the exterior improvements no later
than August 15, 2011. If the exterior improvements are not completed, the property is not eligible
for a rental license. The motion was seconded by Deutz.
Discussion: According to McDonald, this will be a good addition to the downtown area, if it works.
He re- stated that he would rather see 23 parking stalls than 21 and that they should be required
to submit a drainage plan. Weyrens advised the Commissioners that they will submit a drainage
plan when they submit their permit. Deutz added that the proposed plan will take away from the
existing parking in the downtown area and more parking is needed. He suggested that the City
work with the developer to create as much parking as possible. Deutz also stated that it is wrong
to approve the plan without knowing what the use of the downstairs will be. Sauer replied that the
downstairs will be finished prior to constructing the parking lot.
Amendment to the Motion: The plan should be brought back for review of parking requirements
when the lower level use has been determined no later than August 15, 2011.
The motion passed unanimously.
Outdoor Market, Anne Schwartz (Anne's Market): Weyrens stated that the City Office has recently been
made aware of an outdoor market that will be located at 213 Cedar Street East. The site is the same site
as the used vehicle lot the Planning Commission recently approved. One half of the site is for the used
vehicle sales and the remaining portion will be used for Anne's Market. Weyrens stated that while the B2
Highway Business district allows for retail, it does not mention outdoor sales. In fact, a farmers market is
listed provided it sells produce. Therefore, the Staff is requesting Ordinance interpretation from the
Planning Commission as to whether or not the use is consistent with the Ordinance, if a special use
permit should be required or if the use is not consistent.
Anne Schwartz approached the Commissioners as the new tenant, owner of the Occasional Shop known
as Anne's. She stated that she is sorry that this was not requested earlier and she understands that
things were done backwards. Occasional Shops have become popular is communities such as Chaska,
Buffalo, Hutchinson and Carver. These stores sell repurposed furniture and goods combining antiques
and household goods. Typically these stores are only open four days per month, Thursday through
Sunday. Swartz stated that Anne's will be open the second weekend of each month and she will be
having an outdoor market each Sunday between May and October.
September 3, 2009
Page 1 of 5
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, September 3, 2009 at 7:00 PM in the St. Joseph city Hall, opening the meeting with the
Pledge of Allegiance.
Members Present: Mayor Al Rassier, Councilors Renee Symanietz, Dale Wick, Bob Loso, Steve Frank
and City Administrator Judy Weyrens
City Representatives Present: Finance Director Lori Bartlett, Public Works Director Terry Thene, Police
Chief Pete Jansky, City Engineer Randy Sabart
Others Present: None
Public Comments: No one present wished to speak.
Approval of the Agenda: Wick made a motion to approve the agenda as presented. The motion was
seconded by Symanietz.
Discussion: Frank questioned the minutes of August 19. He was concerned that not all of their
priorities were addressed. Rassier assured Frank that everything was noted; however, they may
not have been all in one section of the minutes.
The motion passed unanimously.
Consent: Loso made a motion to approve the consent agenda as follows:
a. Minutes — Approve the City Council minutes of August 19 and August 20, 2009.
b. Bills Payable — Approve check numbers 041930 -041965 and EFT numbers 000315-
000319 and 000466 -000467.
The motion was seconded by Wick and passed unanimously.
Mike Deutz. 31 Minnesota Street W. Special Use Permit: Weyrens reported that the Planning
Commission conducted a public hearing on September 3, 2009 to consider an amendment to the Special
Use Permit issued on July 16, 2009 for the property located at 31 Minnesota Street West. The Special
Use Permit allowed for a mixed density development consisting of residential and commercial. The
Special Use Permit issued required the exterior improvements, including landscaping and bituminous
paving to be completed no later than September 30, 2010. Since July 16, 2009, the property has
changed ownership and the new property owner, Mike Deutz, has requested additional time to complete
the exterior requirements. The Planning Commission has recommended the Council extend the time
period for exterior improvements to September 2012. Loso made a motion to approve the
amendment to the Special Use Penult at 31 Minnesota Street W, providing relief of exterior
requirements until September 2010. The motion was seconded by Symanietz.
Discussion: It was indicated that this property is eligible for TIF and Frank questioned whether or
not the owner will make application for such. Weyrens replied that there has been no indication
of that, but added that he has the option to use if needed. Frank questioned what happened to
the students that were originally going to live in the upstairs apartment. Weyrens stated that they
will be living in the units at 31 Minnesota Street West. Deutz has completed the rental license
process and they are ready for occupancy.
The motion passed unanimously.
2010 Preliminary Budget: Loso made a motion to authorize execution of Resolution 2009 -020
Adopting the Proposed Collectible 2010 Levy and establish the hearing for the budget on
December 3, 2009 with anticipated adoption on December 17, 2009. The motion was seconded by
Wick.
Extract of Council minutes
July 19, 2012
Parking Lot Request: Mike Deutz appeared before the Council to discuss the provisions placed on the
Special Use Permit for 31 Minnesota Street West. Deutz stated that he purchased the building located at
31 Minnesota Street West and the agreement requiring the pavement of the parking lot was required from
the prior special use permit. Loso stated that the while the requirement was attached to the property from
a prior special use permit, it remained with the property and Deutz was given two years to complete the
required improvements. Schultz questioned Deutz as to his request at this meeting to which Deutz stated
he wanted to discuss the requirements for paving the parking lot. He stated the property has changed
since the original development agreement and he is questioned what portion or the amount of paving the
City will require. Weyrens provided an illustration from the recorded development agreement which
indicates that the entire parking area would be paved and landscaped. She clarified that since the
agreement was recorded the Ordinance requirements have changed and perimeter curbing in the central
business district is no longer required if adequate storm water facilities are available.
Deutz stated that since he purchased the property he has made improvements such as removing the
garage that was in poor condition and completing some exterior finishing. Deutz stated that the building
is not fully occupied and cannot absorb additional costs such as paving the parking lot. Schulz again
questioned what Deutz is requesting at this time. Deutz stated that he proposed to not pave the parking
lot, but if he is required to, he is requesting direction as to the area that must be paved. Deutz stated that
he had requested to appear before the Commission, but was instructed to appear before the Council. He
is looking for some relief in the parking requirements.
Jovanovich stated that since the property is operating under a special use permit, there are three options
for moving forward: 1) If the requirements that were attached to the special use are not completed by the
deadline, the special use permit can be revoked or suspended; 2) the conditions of the special use could
be amended through the hearing process; 3) a revised plan could be considered that meets the intent of
the special use. Jovanovich stated that Deutz requested relief from the requirements, which implies an
acknowledgement that he is subject to the terms and conditions. Jovanovich clarified that the Ordinance
does require pavement of parking lots and for existing parking lots, the application of a building permit
triggers the requirement. Deutz stated that there are examples such as the Legion who does not have
improved parking areas. Loso clarified that the Legion did not secure a building permit; therefore the
parking lot is not required to be paved.
The Council referred the matter to the Planning Commission for recommendation at the next regular
meeting. Deutz was instructed to submit a written request to the City Offices for review and comment no
later than July 25.
January 17, 2006
Page 1 of 3
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Monday, January 17, 2006 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair Gary Utsch. Commissioners: S. Kathleen Kalinowski, Marge Lesnick, Bob Loso,
Jim Graeve, Al Rassier. City Administrator Judy Weyrens.
City Representatives Present: City Engineer Tracy Ekola
Others Present: Ryan Gideon, Gordon Hove, Joe & Joanne Bechtold
Agenda: Graeve made a motion to approve the agenda; seconded by Lesnick and passed
unanimously.
Minutes: Lesnick made a motion to approve the minutes of December 5, 2005 with the following
change:
Members present: include Graeve
The motion was seconded by Kalinowski and passed unanimously.
Percheron Properties, Development Plan: Previously, on December 5, 2005, the Planning Commission
considered the Development Plan for Percheron Properties. At that meeting, the issue was tabled in order
to receive the following information:
1. Verify that the 50% area is met
2. Determine Building Code Requirements for the stairway
3. Submit a revised site plan indicating the residential parking
Dean Wick, Outsource Management, was present at the meeting to represent the developer. He stated
that he had no comments. Ekola also stated that she had no additional comments to make. Loso
mentioned that, although the Planning Commission cannot require them to put curb & gutter along the N
edge of the property, he would like to see that added. Graeve questioned whether or not all fire code
issues have been resolved, to which Utsch replied yes they were taken care of. He stated that the main
issue was the outside stairway. Wick stated that there will be two supports for the stairway and it will be
self - supporting.
The sidewalk along 1`` Avenue NW was another concern raised by Commissioner Deutz. Weyrens stated
that she would like to see that sidewalk extended. As a result, she stated that the requirement of the
sidewalk extension would be a part of the developer agreement. Deutz also questioned the boulevard
along the edge of the property and how parking will be controlled. Weyrens stated that the developer
agreement states that they must maintain the landscaping.
Ressler made a motion to recommend the Council approve the Development Plan for Percheron
Properties with the addition of the required sidewalk extension to the alley. The motion was
seconded by Loso and passed unanimously.
Scherer Trucking, Reauest for Public Hearing: Weyrens advised the commissioners that Scherer Trucking
is requesting a public hearing to rezone the parcel they own abutting Minnesota Street from the current
R3 to Highway Business. She also stated that if the request is granted and the zoning approved, the
parcel would be attached to the current Scherer Trucking site. Scherer is requesting the rezoning to
create a parking area for trailers. The Ordinance requires that rezoning can be initiated by Planning
Commission or City Council motion or by a petition of 50% of the affected property owners within 350 feet
of the request. Scherer submitted a petition signed by 50% of the abutting properties within 350 feet,
which fulfills the Ordinance requirements. Chuck Scherer, Scherer Trucking was present at the meeting.
He stated that he has agreed to screen the proposed parking area from the residential area.
Utsch stated that currently there is a rental property on this parcel and he questioned whether or not they
plan to put offices in there at some point if the parcel is rezoned as commercial. Currently if the home is
MEMO
TO: Judy Weyrens, City Administrator
FROM: Tom Jovanovich, City Attorney
RE: Request for Relief From Paved Parking Lot Condition in Special Use
Permit for 31 Minnesota Street West
OUR FILE NO.: 30810
DATE: August 2, 2012
Michael Deutz in the owner of 31 Minnesota Street West. The property currently houses a
laundromat on the first floor and rental units on the second floor. The mixed use was allowed
pursuant to a special use permit issued in 2006. The special use permit required that the owner
of the property construct a paved parking lot on the north side of the property. Michael Deutz
now comes before the Planning Commission requesting relief from providing any paved parldng.
ISSUE
Whether the requested relief by Michael Deutz to be relieved from paving the parking lot on the
north side of 31 Minnesota Street West requires a public hearing or a simple recommendation
from the Planning Commission?
SHORT ANSWER
It appears that Michael Deutz is requesting complete relief from providing paved parking to the
north of 31 Minnesota Street West. If this is the case, the Planning Commission should hold a
public hearing on the matter since Mr. Deutz is requesting a change in one of the conditions
which allowed the special use permit for the mixed use in the B -1 District. However, if Mr.
Deutz is willing to construct the paved parking lot with some modifications based on his current
use of the property, it would be appropriate for the Planning Commission to review the matter
without a public hearing since the conditions of the special use permit would still be met.
DISCUSSION AND BACKGROUND
The property is zoned Central Business District — B 1.
In 2006, Percheron Properties requested a special use permit to allow a mixed use development
at 31 Minnesota Street West. A special use permit is needed to allow mixed use in the B -1
District. A condition of the special use permit was that the developer enter into a developers
agreement with the City which would specify the conditions for the special use permit.
1
A Developers Agreement between Percheron and the City was signed on March 14, 2006, and
was recorded with the Stearns County Recorder on April 26, 2006. The Developers Agreement
required certain developer - constructed improvements. One of the conditions for improvements
was to upgrade the building exterior, which also required the developer to "provide at least 21
off - street parking spaces based upon the mixed uses of the property." The Developers
Agreement specifically required that "The parking lot must meet the standards outlined in St.
Joseph Code of Ordinances 52.10, Subd. 5 and further resident parking must be designated and
marked as shown on Exhibit A." Exhibit A is page 7 of the Developers Agreement. It is
attached hereto and marked as Exhibit A. It sets forth in some detail the parking plan for the
building which was required as a condition of the special use permit.
The Developers Agreement also provided that "the terms and provisions of this Agreement shall
be binding upon and accrue to the benefit of the ... successors and assigns of the parties hereto
and shall be binding upon all future owners of all or any part of the Development and shall be
deemed covenants running with the land." Accordingly, the Developers Agreement and the
obligations set forth in the Developers Agreement apply to all subsequent purchasers of the
property, including Mr. Deutz.
In 2009, Mr. Deutz petitioned the City to be granted relief from the exterior requirements of the
Developers Agreement for a two -year period. On September 3, 2009, the City Council accepted
the recommendations of the Planning Commission and granted Mr. Deutz a two -year extension
on completing the exterior requirements, which included the paved parking lot. The minutes
from the Planning Commission meeting at which Mr. Deutz requested the two -year extension
from the parking requirements of the Developers Agreement contain the arguments that Mr.
Deutz made for an extension at that time. The minutes state: "while he is not opposed to
completing the improvements, he is not sure the future use of the building and if it is financially
feasible to rehabilitate the property. This property is also in the Redevelopment District and
before additional capital is invested in the property, he would like an additional time to review
the options." He stated that "they plan to keep the area clean and get a tenant for the lower level.
If that happens, he will do something with the parking lot." Based on the minutes, it appears that
it was Mr. Deutz' intent to complete the parking lot if he could get a tenant for the lower level.
He now has a tenant for the lower level.
In granting the request for an extension of time in which to complete the parking lot, the City
Council made the following recommendations:
1. The property shall remain in compliance with the St. Joseph Code of Ordinances
regarding the ratio of residential dwelling units and commercial space.
2. The property owner will not be required to pave the parking area or complete a
landscape plan until September 30, 2012.
3. The property owner will submit development plans to the Planning Commission
before completing the paving and landscaping.
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PROCEDURES TO BE FOLLOWED
Mr. Deutz, through his attorney, now requests complete relief from the parking lot requirements
as set forth in the Developers Agreement and leave the parking area in an unpaved state. If Mr.
Deutz insists on obtaining complete relief from the requirement to pave the parking lot, then the
special use permit should be amended and another public hearing will have to be held to support
the amendment.
The request that Mr. Deutz is now making is a substantial change to the Developers Agreement
and the conditions of the special use permit. Accordingly, if he is requesting complete relief
from the parking lot requirement, another public hearing will have to be held to amend the
special use permit.
To the extent that Mr. Deutz is willing to pave the parking lot, but request relief from the 21
parking spaces based on the changed use of the business area, the Planning Commission could
review such plans and make changes based on the change in commercial use from an office
complex to a laudromat. This would not require a hearing, but simply a review of the plans to
insure they meet the requirements of the parking in the Central Business District.
Section 52.10, Subd. 4 sets forth the requirement for off - street parking in the St. Joseph
Ordinances. With respect to the Central Business District, the Ordinance states that the required
off -street parking in the Central Business District for existing or new uses and improvements to
existing buildings which do not increase the area used for commercial or residential/rental use
shall be determined by the Planning Commission with approval by the City Council prior to the
issuance of a building permit. The amount of parking space required shall be based on the
anticipated demand for parking and loading space, the length of which is generated by the
particular business and the availability of other parking spaces in the Central Business District.
Lastly, it is my understanding that the City has required some paved parking lot space in the
Central Business District when there has been a mixed use of commercial and residential. The
City required this for the Shops and Lofts Projects (27 paved parking spaced) and Papa Guiseppe
on mixed use (parking for the residential units).
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