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Home My WebLink About[02a] Outdoor Storage Variance ToW�sx�P oF ,�;��'�. SAYNT TQSEPH CITY OF ST.JOSEPH PO BOX 585 PO BOX 668 St.Joseph MN 56374 St.loseph MN 56374 320-363-8825 320-363-7201 Jweyrens@cityofstjoseph.com NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Joint Planning Board of St.Joseph Township/City of St.Joseph will be conducting two public hearings on Monday,July 8,2013 at 7:00 PM in the Town Hall, 935 College Avenue South. The purpose of the hearing is to consider the following land use applications: 1. To consider a request for a variance from Section 6.30.2H of Stearns County Land Use and Zoning Ordinance#439 to have exterior storage at a height of 13.5 feet above grade. Said Ordinance requires exterior storage to be limited to a maximum height of 12 feet above grade. 2. To consider a request for a conditional use permit to expand an existing salvage operation in the Industrial zoning district. The request is in accordance with Sections 4.8, 6.30 and 9.11.SH of Stearns County Land Use and Zoning Ordinance#439. The property for which the variance and special use permit is being requested is described as follows: part of the SE1/4, lying southerly of Ridgewood Road in Section 12, St.Joseph Township (124/29). The request for variance and special use has been submitted by Salvage Properties LLC(PAM's Auto, 7505 Ridgewood Road St. Cloud MN. Publish: June 28, 2013 � �� i� - - --, __ {_ . u�w.. _ � i r ' � *.� � � _ i .-...-�kYNE SENE � 5WNW � � � � i � q �` l.I. . � � �ki0�� _ _ :g m. x� _ _. � ' � FEW• v�� I u7 , . ' �.. . �-:i.: s _ ��, �,, W �r, ��t �� . } � �� a p ;: � `-�� ,;t �,�:.,� � ;�' .� � � �„ � � I __....____. „ x 3 `.-.' �� , x� �. �s � ��.� �, �� +�� d#k �` � �SE � y"' x� (� '��,� � �:''-``�-� '� x� .. a � �, ��x�� Q� .. c . r � ,� ��,�� I �. � - _` �� .. .. , �.� �y;.., . + � ... 5�� ,„ ��,.: ��° =�, .. �. . ....�.... i � � ; ' a � .�x . ..� � �� NWNW NE �� N�� .. i I�ENW � t '�� r��¢� � ,� � � , � .,�,,. � . �, _. q,� ''��.` �fip-�3 � �.� ;i'�;G��y� � _. _ . �T , __.._.. . ,__�. . ,___ ,. ..... __ _ t— s. � fl h ,,, ��' J� �� t.0 THIS PAGE INTENTIONALLY LEFT BLANK .,t. .,a..�.a ,,+ �4GE111DA#i STF.h�R�JS C{}UMTY F.NV1R01�MP.NTr1I..S�?I�6�[CFS AD[�ECh1tS`l"Rh1'I6N C�NT�R.RQOM 34� 7t?5 CQURTI{OUSE SfZUARE ST.CL�UU.�f�l 5630� [3Z(�J�5�-3C�13{�R 1-f30i�-hSQ-t?852 IJt�RIANCE APPLICATIflN FtJe Nn. 13-�2. Pr,aperty Owner(s�: �/►�.r,t�'.�''�.��O�S'�$ Name 7.�5� `�tt11i�'��'ac.� �] �� `��°�2 Mailing Adc��ss,City,Stat�c,Zip Ph�ne Property Address: .�.,�D'.� k�E��w� F�� v� I�MII�.I ,��J"�, Address City 5tate/Zip ParceE hlo.3�`.�Q'��•�Z .'��.�t'�'��,�_(�_`� ��.��Ly'�.�}�'�7� t,egal l�escri�steon: (Copy t�f E�e�ar�ed Ueed,��rtfficate of�urvey required upan r�ceipt of this farm,) ***#57'A FF TO CO11�PLETE'`*** Applicant r�equests varianec fcam S�ctian(s) ��c�J�';,,a�—' _ —af Stearns CUUnty ��Y,`� LA�°�=��VL��'rdinance(s�j ivo(s� � �°� The intended use that does nat compiy�vith the ordl�t�nce(s�is: i lartSZ� ��t`t�ro� C`!F 1V1�'� �4.�' '�7l�Ct,� "'�i,l "�A+CY�t1�o ��"t"�+'''ti i4�t �4 �''E��A� !�r� tl ��dZ,�AWC'�. '� Q�t..�C't T� '�'�A�i t�'��ra�S1``�` �'$��Y� C'tL1� '7F2f "�� 2 �-r�' *�aPPlrr.a_NT TO�DiHPL�'E'*�"* Tlte�grodinds far requestin�tk�e variance are as falt�ws: (�x�lain why the strict enEorcement af tt�e ortlinaizce(�) wnl] eause a practtc�l dEft�c:ul[y ar th�strict�onFar�nityt�f the staetdards ar�un�easonable,impractifal,ar noc Feasi6l�under —_.__ fhecirrumstances.� �wd� rts�r�-�� 45��';i'T3�S—_('U�r tt��4SdMJs��+•t� � tt.. t! 1+rt"�.QC'3A4 1 T Q'CE�C��+� �,3i�C. NdT U.7��ts.'rtT��3 �w�T 4� L�'�N'��Ai... � D r]�T'��41-- ,�'LT�3'�'�� *�1� wr�FaS� Tl°' 1�,�1� L�Q..^C�+U �l� 1t.�S Pl�h�S'I� 'T[� .,.,t"�'E ��—ClP6¢��te At��o.►l S 'E. I�a. ��u.�a+� "�r D �c►�n� c� Variance Granted By Township(Ath�ch�Copyj Lr�S*1t�' V,�'�Ca�."'�AFI`Sbi.7� 1 hcr�by s�v�ar and�rm that the informativn supplE�t!to Stearns County EEtivironm�nt�l Services is accur�te and true. 1 aticnowledge that this appl9cation is rendered invalid and void shoulc!the County determine that infarmation supplied � ' by me,the�pplicant,in applying for this v2r€ance,is i�aerurate vr untnxe. �ncomplet�e�pplicaCions shatl expire six (6j months fr tt�e te rrf appliration.5ignature M thi5�pplicat[on authc�riaes En�ironmental Services Staff u� �nter upon t ta perform needed inspections. Entry may be without pr�or n tice Signat�re: " „�.,,_ Dated: �� Alt P'roperty Owne�s Must S[gn Fee:[Non-RrFundable): S„�Q�� Recetpt Na, �� a q � L'1 V�t.�1 �{.��..y- 60 DA1' RULE LflG S�-IEET Parcel# 3 i 20#�{�3.0002 31.?4�03,000�5 31.20806.00Q0 File�iumber 13-(1? Applicant�ame; Salvage Fropertiec LLC I�ate Apptica�i€�n Received by ESD: Cir'18/13 Date Applicant was Sent Notice of Inea�rtiplete Applicatinn. Reason Why AgglicaC�on was Inco�npi�t,�. Date tha�60-day Time Limet Ftuns Uut: 8{17113 Uate Applieant was Notifed of Extens�on: Deadtine fo�Caunly Actic�n under Extension or Waivcrt Date Counfy App�roved or Denied Ap�lication: Date County�ent Response to App�icant: NUTICE REQi.�IRE�VIEI�iTS Local News��per{plus Cc�ld Spring Recorc�j Si. Cloud Times Tawn$hig: �t. Joseph �'atershed District: �ank F2iver WD i,ake Association: 1�tA School District(for rezonings c�nty): NA Cities within 2 rnites: SC.Joseph, Waite Park. St. Gic�ud, Sartell Property O�vnerst 'h mile (264{!'} '14 mile{13�0° saa�� Ga�e Beac�n Priutout to Jeanne/I.aurie s�n�enCer d�tej; 6/2113 Date sent• 'UVithin Shoreland Overlay District? {send notice�o DNR) yes no �t.Wendei Ta�vns�tip? (send notice tc�C�rl Stich priar to 13`Tue�day mtg) yes n�o Avnn Townshi�?(emasl notice t�s Stephen Sanpe ssaupe�csbsju.edu pri,�r to last�'ed mtg} yes no Uf�er: NQti�catio�letters sen�to affected prc�perty own�rs,Twp Supervisors,Wat�rshed Dist,etc. (Datej Information packet seant to T4�vnship Chair t�� L�f Feedlc�ts (�Wetlancls C Unplatted Burial Site � Bialc��ical Survey Q Shar�landlFlaodplain �I�'�VS�� QAirport Overlay �ILandfillODumpsite �1Canserv�t"ran D�si�n taverlay C�1AccessihilityCode Stearns County Environmental Services Board of Adjustment Staff Report Date: June 25�', 2013 File: Name of Applicant: Salvage Properties TWP: St. Joseph Parcel #: 31.20803.0002, 31.20803.0006, 31.20806.0000 Relevant Facts: The applicants are requesting to expand their existing salvage operation known as Pams Auto. They plan to construct a 6000 square foot addition. The property is zoned Industrial and the request is reviewed for compliance with section 6.30 . and 9.11.5 H of Steams County Zoning Ordinance#439. While conducting an inspection, staff observed the existing racking system is over the 12' height regulation and there is no screening in front of the racking system. This is in violation of the 2011 conditional use permit approved by the St. Joseph City/ Township Joint Planning Board. Section 6.30.2. H, states the exterior storage of vehicles, hulks, salvaged materials, salvaged parts, waste materials, items for resale or items for disposal shall be limited to a maximum height of twelve (12)feet above grade provided that screening in accordance with section 7.32 of this Ordinance to a height of twelve (12)feet is also provided. The current height of the existing racking is at 13' 6" and no screening is located. The applicant is proposing to keep the existing racking system and screen it with vegetation. The screening vegetation will need to grow to 13'6". Staff Analysis: In order for the Board of Adjustment to grant a variance, the application must meet the following requirements: 1. The proposed use is allowed in the zoning district in which the subject property is located. A junk and salvage operation is a conditional use in the Industrial District. 2. The variance must be in harmony with the general purposes and intent of the official controls. The purpose and intent of the Industrial District, as stated in Section 9.11.1 of the Zoning Ordinance, is to allow small scale industrial uses that require limited services that can be suitably located next to existing urban areas in the County. 3. The variance must be consistent with the comprehensive plan. Goal 1, Objective 2 of the Comprehensive Plan is to encourage industrial development within existing communities, including redevelopment of existing sites and filling of industrial and business parks. 4. The variance may be granted if there are Practical difFiculties in complying with the official control: a. The property owner proposes to use the property in a reasonable manner. The existing racking is at 13'6". This is an 11.2% deviation from the requirement for exterior storage. b. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. There are no circumstances unique to the property that makes compliance with the ordinance not possible. The existing racking which is being used by the company is creating the need for the variance. c. The variance, if granted, will not alter the essential character of the locality. The essential character of the neighboring properties is an industrial use. d. The need for the variance involves more than economic considerations. Economic considerations are part of the requested variance, as to replace the existing racking to be in compliance with the requirements of the Ordinance does involve a cost to the company. AlternativeslRecommendations: 1. Grant or deny the variance based on the Findings of Fact. 2. If granted, require the proposed screening to grow to 13' 6" and be at least six (6) feet in height at time of ptanting. Attachments: Application Photo MN Statute 394.27 Subd. 7 Variances; practical difficulties. The board of adjustment shall have the exclusive power to order the issuance of variances from the requirements of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include,but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the official controls. No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. The board of adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. THIS PAGE INTENTIONALLY LEFT BLANK � City/Township of St. loseph IN RE: FINDINGS OF FACT Application of Saivage Properties LLC AND DECISION Conditianal Use Expansion Salvage Operation FiNDINGS CiF FACT C3n August 8,2011 the St.laseph City/Tawnship Joint Planning Board conducted a public hearing to consider the application af Saivage Praperties LLC ta expand the Condition Use Permit to operate a Salvage Operatian at?505 Ridgewaod Road. The request for rezoning impacts parcef identificatian numbers 31.2Q803.�02,31.20803.00Q6 and 31.20806.QOOp, The matter was duly published and natice was provided to property ow�ers within 350 feet af the above referenced property. The.loint Planning Commission hereby�nds the fal{owing facts as it relates to the request of Salvage Properties LLC to rezone the aforementioned properties: 1. In 2010,at the request of Saivage Properties,Joint Planning Baard reviewed and recommended approvat o#an expansian io the existing CUP. 2. The subject property is currently zoned lndustriai and the propased expansion is consistent with the Stearns Gounty Zaning industnai Zoning regulatians and the Stearns County Cornprehensive Fian. The subject property is{ocated in St.Joseph Rlanning Oistrict 15 which guides the subject praperty predaminateiy as industrial,thus it is consistent with the St.Joseph Camprehe�sive Plan. 3. The property is adequateiy served with two access points on Ridgewood Road with the east appraach serving heauy tra�c and the west appraach serv'rng retai)traffic. The appiicant wil! nat use the sauthern accesses to Caunty Raad 134. The proposed expansion does not haue a negative irnpact on the St.1c►seph 7ransportation Plan. 4. In reviewing the long term utility plans of the City af St.Joseph,the proposed development wiil not have a negative pa�t c�n the City af St.loseph Infrastructure pian and the property is currer►tly served with a sept�c system. S, The proposed expansion includes the construction of a 35,OOQ square foot building which wili meet the setback and lat coverage of the Stearns County Ordinance(See Exhibit A). QEqSIQN AND CONGLUSION Based an the faregoing Finding af Fact and Decision and Conclusian of the City/Township Joint Planning Board,the request far expansion of the Conditio� Use Permit for Salvage Properties LLC is hereby approved with the foliowing cantingencies: 1. The property owner must prepare a Storm Water Management Pian that is acceptab{e to Stearns Caunty Enviranmenta!Services priar to applying for a construction permit. 2. The property owner must pfovide Stearns County Enviranmentai Services with a financial guarantee in the form af a letter of credit, cash deposit or bond equal to 12596 of the site �Y� �� gradirtg and erasion/sediment control with the application for a construction permit. � . � � +�d'� d3dRb �� r�' x�� . ys � �*j�th; ��T`. F�3� . ..... .. ...... ...... ..._ . ...... . .... .. ....... .... ........ .... . ........ _.....__.._. _ ......_.__", : __.. . . ._. _�. . ,.,_...___. ,_ . ._. . _._ ._. _ _ ._._... ., iJ " _ ��r�+`1'�'; ,� ;��t ' 3. The praperty awner must pr�vide Stearns Caunty Environmental Services finai as-builts verifying that the site impravements are cansistent with the plans approued. The as-builts must be prepared by a registered Engineer. 4. Tite praperty owner will coordinate a site visit with Stearns Caunty Environmenta!Seryices to evaluate the candition of erosion and sediment controi measures. 5. Upon acceptance af the as-builts and acceptance of the erosion and sediment control measures the financial guarantee shail be reieased by Stearns Caunty Environmental Services. 6. The required storm water facilities shal) be maintained in perpetuity by the property owner in accardance with the appraved maintenance plan. 7. The e�eriar storage is limited ta limited ta 12 feet provicted that screening is also 12 feet in height. Ail outdaar storage rnust be sc�eened and can oniy be located in the designated areas. S. The praperty owner shal(maintain the parking a�eas identified on Exhibit A and all parking areas shall rneetthe setback requirement of 100 feet from the center{ine of Ridgewaod Raad. 9. The praposed sign sha4(not exceed 254 square feet in totai area and free standing signs are lirnited ta 2S feet in height. 10. Any new lighting instaUed must meet Stearns County Standards ta include deflecting light . away from any adjoining property or pub(ic streets. . 11. The property is required to meet al!the Perfarmance Standards identified in Ordinance #439 of tt�e Stearns Courity Clydinances,unless excfusion has been pravided above. Passed by Resolution af the St.Joseph Joint CityJTawnship Planning Board ar�August 8,2Q11. CITY Qf ST.1QS€PH By , � � lerome Salzer, Cha By ,` ��=�� Ann Reiscfi,Town Clerk STATE OF MINNESOTA ST.JOSEPH JOINT PLANNING BOARD COUNTY OF STEARNS VARIANCE PROCEEDINGS In the matter o£ Salvage Properties A request for variance was submitted by Salvage Properties LLC. The variance requested an 11.2% deviation from Stearns County Ordinance 630.2—Exterior Storage. Said Ordinance allows for outside storage;however the height of storage is limited to twelve(12)feet. The Joint Planning Board considered the issuance of the variance on July 8,2013. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. PROPERTY ADDRESS: 7505 Ridgewood Road PROPERTY LEGAL DESCRIPTION: The St. Joseph Joint Planning Board acknowledged the following Findings of Fact in consideration of the request for variance to the outside storage height regulations. 1. The subject property under consideration is part of the SE1/4, lying southerly of Ridgewood Road in Section 12, St. Joseph Township(124/29). The property address is 7505 Ridgewood Road, St. Cloud MN and is currently within the Industrial Zoning District. 2. The property under consideration is operating as a salvage yard managed by issuance of a Conditional Use Permit. 3. In 2011 the Joint Planning Board consider and granted an expansion of the condition use permit for the subject property. The expansion of the CUP allowed for the construction of a 35,000 square foot addition and was granted with the following conditions: a. The property owner must prepare a Storm Water Management Plan that is acceptable to Stearns County Environmental Services prior to applying for a construction permit. b. The property owner must provide Stearns County Environmental Services with a financial guarantee in the form of a letter of credit, cash deposit or bond equal to 125% of the site grading and erosion/sediment control with the application for a construction permit. c. The property owner must provide Stearns County Environmental Services final as- builts verifying that the site improvements are consistent with the plans approved. The as-builts must be prepared by a registered Engineer. d. The property owner will coordinate a site visit with Stearns County Environmental Services to evaluate the condition of erosion and sediment control measures. e. Upon acceptance of the as-builts and acceptance of the erosion and sediment control measures the financial guarantee shall be released by Stearns County Environmental Services. £ The reyuired storm water facilities shall be maintained in perpetuity by the property owner in accardance with the approved maintenance plan. g. The exterior storage is limited to twelve(12)feet provided that the screening is also 12 feet in height. All outdoor storage must be screened and can only be located in the designated areas. h. The property owner shall maintain the parking areas identified on the submitted plan and all parking areas shall meet the setback requirement of 100 feet from the centerline of Ridgewood Road. i. The proposed sign shall not exceed 250 square feet in total area and free standing signs are limited to 25 feet in height. j. Any new lighting installed must meet Stearns County Standards to include deflecting light away from any adjoining property or public street. k. The property is required to meet all the Performance Standards identified in Ordinance#439 of the Stearns County Ordinances,unless exclusion has been provided above. 4. The property owner for the subject property, Salvages Properties, submitted an application on May 24,2013 to Stearns County Environmental Services to expand their facility thereby needed an expansion of the CUP issued in 2011. 5. Acting on the request to extend the CUP, representatives from Stearns County Environmental Services visited the site at 7505 Ridgewood Road and discovered that the property is in violation of the CUP issued in 20ll. The outdoor storage is at a height of approximately 13.6 feet, 1.6 feet greater than allowed by Stearns County Ordinance and provision 3(g) listed above. 6. On June 18,2013 the properly owner, Salvage Properties, submitted an application to Stearns County Environmental Services for a 1.6 foot or 11.2% deviation from Stearns County Ordinance Section 6.30.2. Outdoor storage also requires screening so the property is also in violation of the screening provisions. 7. Granting of a variance is controlled by MN Statute 394.27 Subd. 7 and requires the applicant to meet ALL the following criteria: a. The proposed use is allowed in the Zoning district in which the subject property is located. b. The proposed use is in harmony with the general purposes and intent of the official controls. c. The variance must be consistent with the comprehensive plan. d. The variance may be granted IF there are practical difficulties in complying with the official control. i. The property owner proposes to use the property in a reasonable manner. ii. The plight of the landowner is due to the circumstances unique to the property and not created by the landowner. iii. The variance, if granted,will not alter the essential character of the locality. iv. The need for variance involves more than economic conditions. 8. As Zoning Administratar for the Orderly Annexation area, Stearns County Environmental Services prepared and forwarded a staff report which included review of the applicant in relation to the requirements of MN Statute 394.27. The following are the review comments: a. A junk and salvage operation is a condition use in the Industrial District. b. The purpose and intent of the Industrial District, as stated in Section 9.1 L 1 of the Stearns County Zoning Ordinance, is to allow small scale industrial uses that require limited services that can be suitably located next to existing urban areas in the County. c. Goal 1,Objective 2 of the Stearns County Comprehensive Plan is to encourage industrial development within existing communities, including redevelopment of existing sites and filling of industrial and business parks. d. Practical Difficulties in complying with local controls: i. Use of Property in a reasonable manner—The existing rack is at 13.6 requiring an 11.2%deviation from the Stearns County Zoning Ordinance. ii. Unique Circumstances—There are no circumstances unique to the property that makes compliance with the Ordinance not possible. The existing rack which is being used by the company is creating the need for the variance. iii. Essential Character—The essential character of the neighboring properties is an industrial use. iv. Economic Considerations—Economic considerations are part of the requested variance, as to replace the existing racking to be in compliance with the requirements of the Ordinance does involve a cost to the company. 9. The application for variance requires the applicant to identify the practical difficulties that require issuance of a variance. The application submitted by Salvage properties, dated June 18, 2013 provides the following information: The Ordinance as written is unreasonable. All other commercial activities have not limit. The Ordinance was written with General Industrial activities in mind, it was written in response to one bad operator's actions. We are will to screen with vegetation. DECISION AND CONCLUSION Based on the Finding of Fact,the St. Joseph Joint Planning Board denies/approves the request for variance of Salvage Properties based on the following: 1. 2. 3. 4. ST. JOSEPH JOINT PLANNING BOARD By Jeffrey Janssen, Chair By Judy Weyrens, Secretary St. Joseph City Administratar Drafted by: City of St.Joseph PO Box 668 St.Joseph MN 56374 320363.7201 \?:. .. .. ... ... �'-°�ar"'�..c,s� � . ^ � .. __— ��.+°` .� . ... . '� - �i r ';.- F ::- . i� _._ <. . ,�� " -� .� . ,� ..� ;? � .. 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