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HomeMy WebLinkAbout2012 [07] Jul 02 July 02, 2012 Page 1 of 4 Pursuant to due call and notice thereof, the St. Joseph Planning Commission met in regular session on Monday July 2 2012 at 7:OOPM in the St. Joseph City Hall, opening with the pledge of allegiance. Members Present: Chair S. Kathleen Kalinowski, Members John Meyer, Ross Rieke, Gina Dullinger, Brad Cobb. Council Liaison Rick Schultz. Administrator Judy Weyrens. City Representatives Present: City Engineer Randy Sabart, City Attorney Tom Jovanovich Others Present: Gary Kraft, Courtney Cooper, Brian Traut, S. Kara Hennes, Sandy Schlotz. Approval of Agenda: Cobb made a motion to approve the agenda; seconded by Meyer and passed unanimously. Approval of Minutes: Schultz made a motion to approve the June 4th minutes; seconded by Rieke and passed unanimously. Owner occupied Rental – Brian Traut. Kalinowski opened the public hearing and stated the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental at 329 – 4 Ave SE. St. Joseph Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the Owner /owners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership. Brian Traut, 329 — 4 Ave SE, St. Joseph, MN 56374 has submitted the request for an Interim Use Permit. Weyrens stated that in 2010 the Council accepted the recommendation of the Planning Commission issuing an Interim Use Permit to Brian Traut allowing an owner occupied rental at 329 – 4 Ave SE. Traut completed the process and he failed to renew the IUP in 2011 after numerous attempts to contact him. The City determined that he was still operating a rental unit and issued a compliance order; therefore the matter is before the Commission for reconsideration. Brian Traut, 329 – 4 Avenue SE approached the Planning Commission and stated that he inadvertently let his IUP expire and is requesting approval of the license at this time. There being no one present wishing to speak, the public hearing was closed. Cobb stated that he lives two houses away from Traut and has not experienced any issues with his residence and would like to vouch for his credibility. Meyer would like to motion to recommend the City Council issue an Interim Use Permit to Brian Traut, 329 – 4 Ave SE. The permit is eligible for renew yearly provided Traut meets the qualifications stated in the Ordinance. The motion was seconded by Schultz and passed unanimously. Church of St. Joseph- Request for Rezoning. Weyrens reported that staff has met with representatives of the parish to continue reviewing the proposed fellowship hall. Since the last meeting the Parish has agreed to utilize the existing ingress /egress and will construct the necessary fire access lanes. Gary Kraft approached the Commission on behalf of the St. Joseph Parish. He stated that the Parish Committee has revised their expansion plans based on the comments provided by the City. The Parish understands the safety concerns of the City if the access were moved to the mid - block; therefore, the ingress /egress will remain at the intersection of 1 Ave NW. There were also a number of fire safety issues raised, some by the Monastery of St. Benedict. The Parish has met with representatives of the Monastery and has agreed to execute a memorandum of understanding outlining the responsibilities of each party. The Monastery has agreed to change the July 02, 2012 Page 2 of 4 configuration of the stone wall at the east/west alley south of the school; relocate the fence near the residential facility entitled Marmion and allow the relocation of the overhead power lines in the alley. To assure that ample fire access is available, the Parish requested staking of alleys and all parties involved met on site, including the Fire Department. Kraft stated that the Parish has been working with the power company to see if the existing power lines could be buried underground. With regard to parking, Kraft stated that the parish has available 154 parking spaces between the parking lot east of College Avenue and the existing church site. In addition, the Monastery has agreed to allow the church overflow parking for peak services adding an additional 105 spaces. The Ordinance requirement using the strict standards is 224. Weyrens clarified that in the Central Business District the Planning Commission and City Council have discretion in determining the amount of parking using the established requirements as a guide. Rieke questioned if the ingress /egress for the parish will be reconstructed to align with the intersection across the street. Kraft stated that City staff has requested reconstruction of the access so that it meets the standards of a commercial access, or 36 feet. The widening of the access will require the removal of a tree and some paver stones. Kalinowski questioned where the playground equipment will be located to which Kraft stated in the green space located south of Minnesota Street. Rieke questioned S. Kara Hennes if the Monastery has met with the Parish and if they are satisfied with the results. S. Kara stated that while the Monastery is not happy with everything in the proposed plan, they have come to an amenable agreement with the Parish. Schultz stated that the revised plans indicate a fence with a locked gate. He questioned if the gate is keyed or how emergency responders will have access. Courtney Cooper, representative for the parish responded that it will be keyed with a fire access key which the Fire Department has. Schultz questioned what the residents of Marmion will see when they look out their windows. Cooper responded that a parapet has been added to the back side of the fellowship hall to shield the rooftop equipment. Cobb questioned the actual seating capacity of the new fellowship hall to which Weyrens responded 248. Schultz questioned if curb adjacent to the fire access on College Avenue should be painted yellow to prohibit parking. Kraft stated that he discussed the matter with the Fire Department and they did not feel additional marking would be required. Schultz requested Weyrens verify the requirement for marking. Meyer made a motion to authorize the Planning Commission Chair and Administrator to execute the findings of fact rezoning the property where the church and school are located from the current R1 to B1, Central Business and recommend the Council issue a Special Use Permit to the Church of St. Joseph to construct a fellowship hall. The development agreement for the approval should include an executed parking lot agreement between the St. Joseph Church and Monastery of St. Benedict. The motion was seconded by Schultz and passed unanimously. Ordinance Amendments Transportation Corridor: Weyrens reported that staff has amended Ordinance 52.21 based on the request of the Planning Commission and the areas impacted by the Overlay District has been modified, excluding the developed property from the requirements. In addition the section on view shed has been modified and the fence provision have been removed and placed in the fence ordinance. Cobb questioned if the City received any feedback on the proposed amendment to which Weyrens stated that one resident did respond positively to the changes. Meyer made a motion to recommend the Council approve the amendment to Ordinance 52.21, Transportation Corridor Overlay. The motion was seconded by Schultz and passed unanimously. Fence Ordinance: Weyrens reported that the staff has amended Ordinance 56 based on the discussion of the Planning Commission. The changes make it clearer on what can be built and where. Staff discussed the provision whereby the adjoining neighbor would have to sign a statement agreeing to a fence that is located adjacent to the property line and came to the conclusion that one property owner should not be July 02, 2012 Page 3 of 4 allowed to deny the other full use of their property. If the property owner did not agree, they in essence would lose two feet of property. Therefore, the provision has not been placed in the Ordinance. Meyer made a motion to recommend the Council amend Ordinance 56, Fence; seconded by Dullinger. Ayes: Kalinowski, Rieke, Dullinger, Cobb, Meyer. Nays: None Abstain: Schultz. Motion Carried 4:0:1 Interim Use Permit Renewal: Weyrens reported that staff is in the process of administratively renewing the Interim Use Permits for owner occupied rental and rental units operating under IUP in Business Districts. The Planning Commission authorized staff to renew the IUP's if they did not have any Ordinance violation. Two of the property owners have police calls regarding noise complaints. Weyrens questioned the Commission as to how they would like to handle the renewals. Cobb would like to continue with this process, appearing before the Commission. Rieke concurred and stated that the IUP for rental units is a privilege and they should appear before the Commission to discuss the importance of compliance. Cobb questioned if this should not be resolved by the Council to which Meyer concurred and stated that he does not feel the Planning Commission has authority for enforcement. Weyrens stated that when the Planning Commission recommends IUP's to the Council they include provisions that states the permit will be reviewed annually and lack of Ordinance compliance may impact the continued ability to rent. The responsibility would fall back to the Commission. The Commission discussed whether or not a matrix could be adopted to which they determined that situations can vary and it would not be practicable to have a matrix. The Commission agreed that Interim Use Permits that have Ordinance infractions /police reports will be reviewed by the Planning Commission. Council Liaison Reports R1 Rental Discussion group: Schultz reported that the Ad Hoc rental committee reviewing the renting regulations in an R1 area have come to the conclusion that the market and economy has changed while the ordinance has not. There are instances where property owners are trying to sell the homes and the market is so soft that they are just sitting on the market unless the owner is willing to significantly drop the price. While some do not want to rent, it is the only option they may have. Changes that cause the need to rent: marriage and both have a home, moving to another community, job change, or house has become too small. Therefore, the Committee has recommended that the City authorize a committee to review the Ordinance and draft an amended provision providing additional opportunities for rental in R1 Zoning Districts. Weyrens stated that the staff has discussed different alternatives and it comes down to either keeping the Ordinance in its current state or amending to allow rental. If the amendment carves out niches or circumstances where a rental license could be permitted, the City has exposure to discriminatory housing. Schultz stated that now is the time for the Planning Commission to discuss if they support amending the Ordinance and if so a recommendation should be forwarded to the Council for consideration. The Commission concurred the current Ordinance limits the ability of residents and market conditions have changed. The housing crash and declining home values make it less attractive for people to own homes and many are opting to rent. At the current time there are few homes that families could rent in St. Joseph. Cobb appreciated the group working on this issue and commented he would be interested in and supportive in addressing the non -owner rental ordinance. Kalinowski agreed the Commission needs to move forward. Rieke made a motion to recommend the City Council create a committee to review the R1 Rental Ordinance, bringing back a draft to the Planning Commission for an informational meeting. The motion was seconded by Cobb and passed unanimously. July 02, 2012 Page 4 of 4 Adiourn — The meeting adjourned at 8:10 PM Judy eyr`ens Ad..' istrator