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Home My WebLink AboutWJ Properties ...__...__....;- TOWNSHIP OF / SAINT JOSEPH IA in A ., `�', " A _ p0 @0X585 CITY OF ST.JOSEPH St.Joseph MN 56374 p0 BOX 668 320-363-8825 St.Joseph MN 56374 320-363-7201 Jweyrensgkfyofstjoseph.com Notice is hereby given that the Joint Planning Board for the Town and City of St.Joseph will be conducting a public hearing on Monday,October 8,2012 at 7 p.m.at the St.Joseph Township Hall,935 College Avenue South. The purpose of the hearing is to consider a request for two variances and a conditional use permit submitted by WJ Properties, 122 S.Water Street,Stillwater, MN 55082. The first variance request is to allow an accessory building to be constructed in the front yard with the accessory building located closer to the ROW than the existing dwelling. The second variance is requested to encroach the front yard setback by 12',as the accessory building will be located 51'from the centerline and the Ordinance requires 63'. All persons wishing to speak will be heard and oral testimony will be limited to 5 minutes. Written testimony can be submitted to the St.Joseph Township, PO Box 585,St.Joseph, MN 56374. Ann Reischl Town Clerk / 0 • 31 641 eill't4 `'• - _ 5 i4 ; I n LI7 •, .. _. • / I t .'�. • 417 td ;,•tl _A03 l 412 2 402 t1 i .409_ ,:f 0 .c • �.. .,�� 403 _ L._.L Y L V ,s ; I Cr L .10? 39.1 �..,......__ t.. .. .�.. : P yiarh' (•:' ��. ,.� .', - r..+mar• .rc rw wt�Mrt • r..,....�.rw '�..�r-r....c• 1111•. IN RE: FINDINGS OF FACT Application of WJ Properties AND DECISION Conditional Use Permit—Accessory Building Variance Request—Accessory Bldg Location and Setback FINDINGS OF FACT On October 8,2012 the St.Joseph City/Township Joint Planning Board conducted a public hearing to consider the conditional use permit application and two variance applications submitted by WJ Properties. The property owner is requesting the following variances: (a)allowing an accessory building to be located in the front yard; and(b)a twelve(12)foot variance on the front yard setback. The property is legally described as: Lots One(1)and Two(2)in Schneider's Addition,according to the plat and survey on file and of record in the office of the County Recorder in and for Steams County,Minnesota. ALSO an unplatted tract of land lying North of Lotl, Schneider's Addition and being part of the West Half of the Northwest Quarter (W V2 NW 'A)of Section Ten(10),in Township One Hundred Twenty-four(124)North,of Range Twenty-nine(29)West,according to the U.S. Government Survey thereof, Stearns County,Minnesota, described as follows: Beginning at a point 292.38 feet North of the North line of Pine Street(now Birch Street)and 150 feet West of the West line of San Francisco Street(now First Avenue NW)in the Village of St. Joseph, and running thence North parallel to the West line of San Francisco Street aforesaid until its intersection with the Southerly right of way line of the Great Northern Railway;thence running Southeasterly along said Southerly right of way line,until its intersection with the Westerly line of San Francisco in the Village of St.Joseph;thence Southerly along the Westerly line of San Francisco Street aforesaid,to a point directly East of the point of beginning,and thence Westerly to the point of beginning,except that portion of land hereinbefore sold to the Village of St.Joseph set forth in Book 122 of Deeds,page 288,described as follows: Beginning at a point in Northwest Quarter of Northwest Quarter(NW 1/4 NW ')of Section 10, from which the Quarter-Quarter corner on West side of Northwest Quarter of Section 10, Township 124,Range 29 bears South 25°West 484 feet;thence from said point of beginning North 6°30' East 137 feet to the Railroad right of way;thence South 51°East 261 feet along said Railroad right of way and thence North 83°West 221 feet to point of beginning and being a part of the NW 'A NW 1/4 of Section 10,Township 124,Range 29. ALSO Excepting that portion of land sold to Christ Stick and Joseph Reber as set forth in Book 172 of Deeds,page 306 described as follows: Lot 1,in Block 2 of Loso's 6th Addition to Village of St.Joseph, Stearns County,Minnesota; also the following tract of land, to-wit: Beginning at a point on the Southerly right of way line of the Great Northern Railroad in Section 10,Township 124,Range 29 where a line parallel to and 44 feet East of the West line of Section 10,Township 124,Range 29 intersects said Southerly right- of-way line; thence South parallel to said Section line 274 feet; thence South 83°East 182 feet more or less,to the Southwest corner of the Village Gravel Pit;thence North 6°30' East along the Westerly line of said Village Gravel Pit, 137 feet to the Southerly right of way line of the Great Northern Railroad 256 feet,more or less,to the point of beginning. (PM, 31.21398.000 and 31.20714.000). The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. 1. On September 26,2011 the Joint Planning Board conducted a public hearing for an after-the-fact application for Conditional Use and two variances. The Conditional Use Permit is required for accessory buildings in the Orderly Annexation Area and the variances were requested to place the accessory building in the front yard and within the front yard setback. 2. The Joint Planning Board denied the Conditional Use Permit and Variances to which the property owner appealed the decision to District Court for reversal. 3. On August 23,2012 the Honorable Judge Vicki Landwehr ordered that the property owner shall be granted the Conditional Use Permit and variances on setback and location. DECISION AND CONCLUSION Based on the foregoing Finding of Fact and Decision and Conclusion of the City/Township Joint Planning Board,the request for Conditional Use Permit to allowing an accessory building and two variances for setback and location of the building are hereby approved in accordance to the ruling of Judge Vicki Landwehr(copy attached hereto)with the following conditions: 1. The property owner must apply for and receive a building permit as required by the Minnesota State Building Code and enforced by St.Joseph Township. 2. The building permit process includes the following: a. Fee and penalty for constructing/placing the garage without a permit b. Inspections(as required by MN State Building Code) Passed by Resolution of the St.Joseph Joint City/Township Planning Board on October 8,2012. CITY OF ST.JOSEPH By Jerome Salzer,Chair By Ann Reischl,Town Clerk STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF STEARNS SEVENTH JUDICIAL DISTRICT W.J. Properties, Inc., Plaintiff, Court File No.: 73-CV-11-10568 vs. ORDER City of St. Joseph and the Township of St. Joseph Joint Planning Board, the Township of St. Joseph,the City of St. Joseph, Stearns County, Defendants. This case came before the Honorable Vicki E. Landwehr, Judge of District Court, on July 6,2012, for a hearing on the parties' cross motions for summary judgment. Attorney Michael L. Conlan represented Plaintiff W.J. Properties, Inc. and attorney Jason J. Kuboushek represented Defendants. NOW,having duly considered the arguments of the parties, the documents and proceedings herein together with the applicable law,this court ORDERS: THAT, Plaintiff's motion for summary judgment is GRANTED IN PART and DENIED IN PART. The Court grants summary judgment for Plaintiff on counts seven, eight, and nine of its complaint and remands this case to the Joint Planning Board. The Board shall issue the setback variance, the location variance, and the conditional use permit for the garage in its present location. THAT, Defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART. The Court grants summary judgment for Defendants on counts one through six of Plaintiffs complaint. THAT, the attached memorandum is made a part of this ORDER. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: /�1-z s-74' a 3/ 2.4 i�- Vicki E. Landwehr Judge of District Court I hereby certify that the foregoing Order constitutes the Judgment and Decree of the Court. STEARNS COUNTY COURT ADMINISTRATOR Dated: ( ,.23,I)1 By: Janie-. Deputy Court Administrator FILED maza Steams County District Court By: Jeanne S. Deputy 2