HomeMy WebLinkAbout[02] MinutesJuly 8, 2013
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Pursuant to due call and notice thereof, the Joint Planning Board for the City and Township me in regular
session on Monday July 8, 2013 at 7:00 PM in the St. Joseph Township Hall.
Members Present: Chair Jeff Janssen. Board Members Rick Schultz, Ralph Eiynck, Renee Symanietz,
Hal Undersander, Ross Rieke, Michael Koltes, Chad Hausmann. Ex- Officio Member Commissioner Mark
Bromenshenkl. Board Secretary Judy Weyrens.
Others Present: Len Bechtold, Ray Koenig, Pat Huessers
Public Hearing, Salvage Properties LLC, Variance. Chair Janssen called the hearing to order and stated
the purpose of the hearing is to consider the following land use applications:
1. 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. Expansion of the existing special use permitting the operation of a salvage yard. The request
for expansion of the special use permit is in accordance with sections 4.8, 6.3 and 9.11.51-1 of the Stearns
County Land use and Zoning Ordinance # 439.
The property for which variance and special use is requested is described as follows: part of the SE 1/4,
lying southerly of Ridgewood Road in Section 12, St. Joseph Township (124/29). The request has been
submitted by Salvage Properties LLC, 7505 Ridgewood Road, St. Cloud MN.
Pat Heusers, owner of Salvage Properties, LLC spoke on his own behalf. Heussers stated that Salvage
Properties LLC is more commonly known as Pam's Auto and is currently operating under a conditional
use permit issued by Stearns County and expanded in 2011 by action of the Joint Planning Board. He
stated that he is again requesting expansion of the conditional use at this time to construct an additional
structure with a total of 6,000 square feet of industrial space. The facility, in part will be used to tear apart
vehicles.
Weyrens clarified that the matter before the Board consists of two separate issues, with the variance the
first action item. When Stearns County Environmental Services visited the site proposed site as part of
the review for the 2013 expansion, it was noted that the property was in violation of the conditional use
permit extension approved in 2011. At that time the approved permit restricted the maximum height of
storage to 12 feet, and in reality the storage is at 13.6 feet. Heusers stated that they did try to amend the
height in 2011 but since the matter was not published as a variance, the request was withdrawn.
Ray Koenig 8055 County Road 75 approached the Joint Board and questioned if the request for
expansion includes a fence. He states that his property is located east of the proposed site and without a
fence all he will see is junk cars.
Pat Heusers responded that the fencing is not a requirement and while he is not opposed to such,
he is hoping to resell the home located on the property before fencing.
Len Bechtold, 7431 Ridgewood Road, spoke in support of the project
Undersander questioned the proposed expansion and how the space will be used and it is the intent to
add additional racking. He questioned if the expansion for 2011 is complete or if the request before them
at this time is a combination of the approved 2011 expansion and new space. Heusers responded that
plan includes 6,000 square feet of covered space that will be used for dismantling cars which is a new
request.
There being no one further to speak, Janssen made a motion to close the public hearing at 7:15 PM;
seconded by Rieke and passed unanimously.
Weyrens clarified that in the information forwarded to the Board was the MN Statute listing the
requirements for findings of fact in either approving or denying a request for variance. The material also
included a draft findings of fact for which the Board will need to complete.
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Janssen stated that the Board has two actions before them at this meeting, with the first order of business
the variance on the maximum height of a fence. The request before the Board is to approve an after the
fact variance allowing storage to exceed the maximum height requirement of twelve feet to thirteen feet,
six inches.
Janssen stated that the current racking, even though beyond the height restrictions is neat and orderly.
His concern would be if additional storage racks are added. He stated that he understands that the
property owner would incur some financial impact if the racking had to be reduced and in looking at the
property they have sufficient area for stacking. His concern is the lack of screening and future stacking
and that additional height should not be allowed.
Heusser stated that the application submitted to the County, vegetative screening is proposed,
using an arborvitae.
Rieke questioned the height of the current racking system to which Heussers responded they are four
boxes tall. Rieke stated that the question becomes should the racking be reduced to three boxes or grant
the variance and assure that screening is installed. He clarified that whenever he has driven by the
property it is neat and orderly; therefore the variance has nothing to do with how the property is managed.
Heussers stated that for the business operation and site utilization, the most efficient manner to store the
vehicles is using four boxes. He further stated that it is difficult for him as a business owner, as his
industry is the only type in Stearns County that has such strict regulations. In his opinion the County
enacted the Ordinance as a result of a bad salvage operator and now the Ordinance unduly burdens him.
Janssen stated that he understands the frustration of Heussers; however if he sold the business the next
operator may not be as conscientious and the special use permit remains with the property not the
property owner.
Schultz concurred with Janssen and stated that he is not as concerned with the section of racking that is
already in place, he is more concerned that the height restriction is not exceeded along the perimeter of
the property. He further stated that even though the property is maintained and is neat and orderly, he
would not like to see the outdoor storage exceed 13.6 feet. Janssen questioned the height of a three tier
racking system to which Heussers stated it would be under 12 feet. However, he stated that if they had to
reduce the racking to three boxes, they would have to increase the number of boxes, which would
consume more land and they are trying to maximize their site.
Haussman stated that he drives the property many times and he agrees the property is well managed;
however it comes down to the restrictions in the Stearns County Ordinance. Based on the Ordinance a
variance is required and one of the findings for granting a variance require that the variance not be the
result of actions by the property owner. In this case the racking was purchased by the property owner
and shorter racking is available. The remaining variance criteria he believes are met.
Rieke stated that a landscape plan needs to be developed along with a timeline for completion. Heusser
stated they will plant whatever the Board approves and it will be completed this year. In fact the portion of
property they purchased from Stearns Electric (east side) already has 16 to 18 foot apple trees. On the
west side, along the fence, they could plant 14 foot arborvitae to include a species such as a white pine
which has a faster growing cycle.
Understander requested clarification on the process, and if the Ordinance is a County Ordinance, does
the Joint Board have authority to exceed the requirement. Janssen stated that is the purpose of the
hearing. The Joint Board is responsible for administration of the Ordinances.
Janssen stated the would prefer screening to include a conifer tree as opposed to a deciduous tree as it
seems in Minnesota they are without leaves for a long period of time, not providing the screening. Such
as the apples trees which will be bare from October to May. Janssen stated his one concern is that the
entire property will include a four tier racking system. He is fine with the amount of racking in place today
but would not want to see that extended. Huesser stated that he would support the Board limiting the
amount of racking that could extend to 13.6 feet as in addition to what is already in place, he can only
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think of on additional area in the future where racking would be added and that is an area of only 60 to 80
feet.
Koltes questioned if the property owner intends to extend storage beyond the racking system. Heusser
stated that they already have a large storage area in the center of the property and it is in excess of 20
feet, which is permitted as it is not visible from the street. Koltes clarified that the future expansion area
would include a four box racking system to which Heussers affirmed.
Symanietz stated that it is her opinion that if the racking system is east, consideration be given to the
property owner who spoke earlier requesting fencing. He objected to having a view of junk cars.
Heusser stated that they would look at screening as any storage over eight feet requires such.
The Board had considerable discussion on the potential future expansion and if the plans should be
reviewed by the Joint Planning Board or Stearns County Staff at the time of expansion or included in the
action at this meeting. Symanietz stated that since the public hearing is closed and the additional fencing
was not part of the application she has concerns adding a section and not allowing public input. Rieke
stated that the Board is working to narrow the approval to protect the abutting properties.
Rieke stated that he would support approving a total allowance for total footage of screening that exceeds
12 feet. Rieke suggested that the property owner be limited to 500 lineal feet of storage at 13.6 feet.
Janssen stated that he does not support denying the variance as the property is well managed and an
asset to the area.
Janssen made a motion to adopt the following finds of fact, granting a Salvage Properties a 1.6'
variance on the maximum height of outdoor storage for a total of 500 lineal feet. The motion was
seconded by Schultz and passed unanimously.
1. A junk and salvage operation is a conditional use in within the Industrial Zoning District and
the Comprehensive Plan encourages small scale industrial uses. Additionally one of the
goals of the Comprehensive Plan is to encourage industrial development within exiting
communities.
With regard to applying the provision of practical difficulties:
a. Use of property in a reasonable manner — Salvage Properties LLC is proposing to use
the property consistent to that of a salvage yard and storage within the property is
allowed to be higher than twelve feet.
b. Unique Circumstances — Salvage Properties LLC is one of a few Salvage operations in
the area, and the use of four racks for storage is an efficient method for stacking vehicles,
keeping the site with in orderly,
c. Essential Character: The essential character of the neighboring property is an industrial
use; therefore granting of a variance is compatible with surrounding properties.
d. Economic Considerations — The request for variance is not based solely on economic
considerations.
Based on the aforementioned conclusions, approval for the variance for Salvage Properties LLC
includes the following contingencies:
Salvage Properties LLC shall be allowed a total of 500 lineal feet of storage that reaches a
height of 13.6 feet provided:
a. The storage is limited to the current racking system.
b. Screening to all areas were the outdoor storage exceeds 12 feet shall consist of white
cedar trees that are a minimum of six feet in height and will be planted eight feet apart.
c. Stearns County Environmental Services will review the proposed landscape plan.
d. All outdoor screening shall be installed no later than November 1, 2013.
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Public Hearing, Salvage Properties, Conditional Use Expansion: Janssen stated the second part of the
public hearing is to consider the request of Salvage Properties to construct a 6,000 square foot addition to
the west end of the existing building. The Board has discussed the use of the property during the
variance hearing and the proposed expansion will allow an indoor facility to dismantle vehicles.
Undersander questioned the comment of Stearns County regarding the stormwater management.
Janssen stated that this matter is included as a contingency. Heusser stated that when the original CUP
was issued they were required to complete stormwater improvements and place a financial guarantee
with Stearns County. As of this time the County is still holding the financial guarantee as the requirement
is outstanding. Janssen stated that the Board should determine the timeline for completion of the
requirement, whether it be with the building permit or Certificate of Occupancy.
Janssen reopened the public hearing and their being one present wishing to speak the hearing was
closed.
Schultz made a motion to execute the Findings of Fact approving the CUP expansion for Salvage
Properties as requested based on the following conclusions and contingencies. The motion was
seconded by Symanietz and passed unanimously
1. The exterior storage is limited to twelve (12) feet provided that screening is also twelve (12)
feet in height, unless a variance is granted. The Joint Planning Board has approved the
request for variance and all outdoor screening must be complete no later than November 1,
2013.
2. All outdoor storage must be screened and can only be located in the designated areas.
3. Modifications to the Stormwater Management facilities are required and Tom Herkenhoff of
Stantec has submitted a plan for modification. The modifications shall be implemented no
later than November 1, 2013.
4. Prior to the release of the remainder of the financial guarantee, approval from a professional
engineer is required that the as built conditions meet the original design specifications, as
well as a site visit by staff to evaluate the condition of erosion and sediment control
measures.
5. The stormwater facilities shall be maintained in perpetuity by the property owner in
accordance with the approved maintenance plan.
6. Sign space is limited to 250 square feet total in area and a free standing sign shall not
exceed 25 feet above the average grade.
7. Any new lighting installed must met Stearns County Standards to include deflecting light
away from any adjoining property or public street.
8. The sewerage treatment system design shall be modified to show the proposed addition and
that all setbacks will be met from the addition.
9. The property is required to meet all the Performance Standards identified in Ordinance #439
of the Stearns County Ordinance.
Adiourn: Janssen made a motion to adjourn at 8:00 PM; seconded by Eiynck and passed
unanimously.
Jeffrey Janssen
Joint Board Chair
Judy Weyrens
Joint Board Secretary