HomeMy WebLinkAbout[03a] Public Hearing, Variance RequestTOWNSHIP OF
SAINT JOSEPH
PO BOX 585
St. Joseph MN 56374
320 - 363 -8825
NOTICE OF PUBLIC HEARING
CITY OF ST. JOSEPH
PO BOX 668
St. Joseph MN 56374
320.363 -7201
Jweyrens @cltyofstjoseph.com
NOTICE IS HEREBY GIVEN that the Joint Planning Board of St. Joseph Township and the City of St.
Joseph will be conducting two public hearings on Tuesday, November 12, 2013 at 7:00 PM in the St.
Joseph Town Hall, 935 College Avenue South. The purpose of the hearing is to consider the following
two land use applications:
1. Variance — To consider a variance to leave a nonconforming off premise sign (billboard) that
has been structurally altered and the height increased from the existing billboard. Variance is
being requested from the following sections of Stearns County Land Use and Zoning
Ordinance #439:
a. 5.1.2A (nonconformity)
b. 7.24.1 G (right of way and property setbacks)
C. 7.24.5A (3) &C (cumulative area of signs and setback to other billboards)
2. Conditional Use — To leave a nonconforming off premise sign (billboard) that has been
structurally altered and the height increased from what existed. The request is in accordance
with Sections 4.8, 7.24 and 9.10.5 H of the Stearns County Land Use and Zoning Ordinance #
439.
The property under consideration is located at 8480 County Road 75, legally described as: Lot 4 Block 1
of Braun Addition, lying northerly of County Road 75 in Section 11, St. Joseph Township. The request
for variance and conditional use has been submitted by St. Joe Mini - Storage, LLC, 8480 County Road 75,
St. Joseph MN 56374.
Publish: October 30, 2013
THIS PAGE INTENTIONALLY LEFT BLANK
AGENDA # STEARNS COUNTY ENVIRONMENTAL SERVICES
k ADMINISTRATION CENTER, ROOM 343
705 COURTHOUSE SQUARE US
) Zo13 ST. CLOUD, MN 56303 i�
(320) 656 -3613 OR 1- 800 - 450 -0852 ��
VARIANCE APPLICATION File No. P orb 179
Property Owner(s): 'Si • Pk,
Name
Mailing Address, City, State, Zip Phone
Property Address: OW 30 0 ('0 . Rd 1C _ �F A-0c /4)w'
Address City State /Zip
Parcel No. -3i-9044-0(10
Legal Description: (Copy of Recorded Deed, Certificate of Survey required upon receipt of this form.)
* ** *STAFF TO COMPLETE* * **
Applicant requests variance from Section(s) Sena /,aA 2`�.��i. -7 ��/,SfJ(v of Stearns County
_Z10 AA-!!6 Ordinance(s) No(s)
The intended use that does not comply with the ordinance(s) is: to leave a
nonconforming off premise sign (billboard) that has been structurally altered and the height increased _
from what existed. The request is from Section Sections 5.1.2A (nonconformity), 7.24.1G (right of way
and property setbacks), 7.24.5A(3) &C (cumulative area of signs and setback to other billboards) of
Stearns County Zoning Ordinance #439. The property under consideration is Lot 4 Block 1 of Braun -
Addition, lying northerly of County Road 75 in Section 11, St. Joseph Township (124/29).
" "APPLICANT TO COMPLETE* * **
The grounds for requesting the variance are as follows: (Explain why the strict enforcement of the ordinance(s) will
cause a practical difficulty or the strict confo
the circumstances.) .-y / oye
@.ui f �fTG �ilZ�r J
r
/4mtrc TC +�.�F-
04- A) E7� �/� /Lt� C/ l✓�4(Lf1171� t' O +L CoyiA111-ifTi VSt;
of the standards are unreasonable, impractical, or not feasible under
'Otte t- eAAA -y&46A „per
❑ Variance Granted By Township (Attach Copy)
I hereby swear and affirm that the information supplied to Stearns County Environmental Services is accurate and true.
I acknowledge that this application is rendered invalid and void should the County determine that information supplied
by me, the applicant, in applying for this variance, is inaccurate or untrue. Incomplete applications shall expire six
(6) months from the date of applicatio . Signature of this application authorizes Environmental Services Staff to
enter upon the property t.9 perforp- peedenspections. Entry may be without prior notice
Signature: � Dated: /O 3•
All Property Owners Must Sign
ob :4 s 6 b
`�
Fee: (Non - Refundable): $ Receipt No. JO/3-
c;Y-o +- )
Stearns County Environmental Service. x �ry
Board of Adjustment Oct
FINDINGS OF FACT- ��,�^�t ' J 20 13
SUPPORTING /DENYING A VARIANCE
mod; rV��
A variance may be granted only when it is in harmony with the general purposes and intent of the official control
and consistent with the comprehensive plan and where the strict enforcement of county zoning controls will result
in practical difficulty. A determination that a "practical difficulty" exists is based upon the consideration of the
following criteria as defined in Minnesota Statutes, Section 394.27:
1. The proposed use is allowed in the zoning districts in which the subject property is located? AYEjr NO
2. The variance a in harmony with the general purposes and intent of the official control (s) (any related
Ordinances)? YE or NO
3. The variance will be consistent with the Comprehensive Plan? ES r NO
4. The variance maybe granted if there are Practical Difficulties in complying with the official control(s):
a. The property owner proposes to use the property in a reasonable manner? ES NO
b. T light of the landowner is due to circumstances unique to the property, not created by the landowner?
ES r NO
c. The variance, if granted, will not alter the essential character of the locality? ES o NO
d. The need for the variance involves more than economic considerations? ES NO
THE BOARD OF ADJUSTMENT SHOULD CONSIDER EACH OF THE ELEMENTS LISTED ABOVE. IF ANY ONE
ELEMENT IS VOTED "NO" IN THE MAJORITY, THEN THE CRITERIA FOR GRANTING A VARIANCE, PER
MINNESOTA STATUTES, Section 394.27, HAS NOT BEEN MET AND THE VARIANCE, AS REQUESTED, SHOULD
BE DENIED.
G: \Environmental Services \Board of Adjustment \Forms \Application (updated 4- 3- 12).docx
STATE OF MINNESOTA
COUNTY OF STEARNS
In the matter of: St. Joe Mini- Storage, LLC
ST. JOSEPH JOINT PLANNING BOARD
CONDITIONAL USE PROCEEDINGS
The Joint Planning Board considered a request for variance submitted by St. Joe Mini Storage, LLC to
leave a nonconforming off premise sign (billboard) that has been structurally altered and the height
increased from what existed. The matter was duly published and notice was provided to property owners
within 350 feet of the above referenced property and the Joint Planning Board conducted a public hearing
on November 12, 2013.
PROPERTY ADDRESS: 8480 County Road 75
PROPERTY LEGAL DESCRIPTION: Lot 4 Block 1 of Braun Addition, lying northerly of County Road
75 in Section 11, St. Joseph Township (124/29).
The St. Joseph Joint Planning Board acknowledged the following Findings of Fact in consideration of
the request for variance to alter a non - conforming sign as identified above:
1. The subject property is currently zoned Commercial.
2. Acting on a concern, Steams County Environmental Services investigated a digital sign that
was located on the aforementioned property and it was determined to be in violation and
letters of violation were sent to the property owner.
3. While billboards are permitted by issuance of a Conditional Use Permit in commercial zoning
districts, the billboard on the subject property is considered nonconforming for the following
reasons:
a. The setback from the right -of -way of CR 75 is 10 feet and the sign is 2 feet from the
ROW. The original post for the old billboard were closer to the ROW than the new
posts.
b. The setbacks from other off - premise signs in the area are 585 feet, 970 feet, 1,018 feet
and the Ordinance requires 1300 feet between billboards.
c. The allowed maximum square footage for an off - premise/billboard is a total of 600
square feet (both sides) and the current sign is 768 square feet.
d. The property line, as located by the applicant, is 5.5 feet from the digital face of the sign.
4. Since there are no previous dimensions of the existing sign available through the Assessor's
Office, aerial photography was utilized.
5. The request for variance was reviewed as it relates to the following Stearns County
Ordinances #439.
a. Section 5.1.2A — Non conformity
b. 7.24.1 G —Right of Way and Setbacks
c. 7.24.5A(3) & C
6. Non Conformity — The Ordinance defines structural alternation as "any change in the
supporting members of a building, such as bearing walls, columns, beams or girders" and
upon Stearns County staff conducting a site visit it was determined that the structural posts
supporting the billboard had been replaced and the new electronic digital face sign had been
erected and situated higher on the posts than the previous non - digital, vinyl wrap billboard.
7. St. Joseph Township enforces the MN State Building Code and the work that was completed
to convert the sign to a digital sign requires issuance of a building permit. The applicant did
not secure a building permit.
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 considerations.
9. As Zoning Administrator for the Orderly Annexation Area, Stearns County Environmental
Services prepared and forwarded a staff report which included review of the application in
relation to the requirements of MN Statute 394.27. The following are the review comments:
a. An off - premise sign is allowed as a conditional use in a Commercial District.
b. 1. The purpose and intent of the Commercial District, as stated in Section 9.10.1 of the
Zoning Ordinance, is to promote the concentration of a wide range of commercial and
recreation establishments into a general commercial area to service local residents and the
traveling public.
2. The intent of not allowing nonconforming structures on properties not classified as
homestead and non - homestead residential or seasonal residential to do only nonstructural
maintenance and repairs is that when they are no longer structurally sound, the billboard
will be removed from the landscape, bring the area into greater compliance.
c. 1. Comprehensive Plan Resource Related Policy #3 — Community Character:
Characteristics of the landscape contribute significantly to the character of the
community and will affect where development occurs and the form it takes place.
Polices might encourage or require limiting signage or display of equipment.
2. The Economic Plan Development Goal 1 is to maintain and strengthen economic
diversity; and objective 7 is to enhance the ability of local retail & commercial businesses
to sustain small city and town center commercial area.
d. Practical difficulties:
i. Use in reasonable manner: The requested variance for the setback distances from
the other three billboards ranges from a 21.7% variance to a 55% variance; the
request; the requested variance from the right of way setback requirement for CR
75 is an 80% deviation; the requested variance to exceed the maximum
cumulative area is a 28% deviation.
ii. 1. The applicant did not obtain a building permit form St. Joseph Township for
the project or Stearns County when the existing nonconforming sign was
replaced with the electronic digital sign; therefore the project was completed
before Stearns County or St. Joseph Township was area of the project. There are
no topographical features unique to the property influencing the request.
2. The plight of the property owner is due in part to the location of the signs
when regulations were enacted resulting in their classification as nonconforming.
iii. The adjacent properties are zoned Commercial, Industrial, and the Municipality
is close. The size of the structure is similar to what has been there.
Consideration should be given to the impact of the illumination and digital
features.
iv. Economics did not play a role in the variance.
10. The Future Land Use Map included in the St. Joseph Comprehensive Plan (City) indicate this
property to remain commercial in the future with CR 75 being a high visibility/high traffic
corridor.
11. The non - conformity does not impact the utilities other than the sewer forcemain from St.
Joseph to St. Cloud is located in the Stearns County ROW and should the sign infringe the
ROW the City has no responsibility for damages to the sign in the event work on the
forcemain is needed.
DECISION AND CONCLUSION
Based on the Finding of Fact, the St. Joseph Joint Planning Board the variance
request of St. Joe Mini - Storage LLC to leave a nonconforming billboard that has been structurally altered
based on the following:
1.
2.
3,
4.
ST. JOSEPH JOINT PLANNING BOARD
Drafted by:
City of St. Joseph
PO Box 668
St. Joseph MN 56374
320.363.7201
Jeffrey Janssen, Chair
Judy Weyrens, Secretary
St. Joseph Mini Storage
P.O. Box 639
St. Joseph, MN 56374
Angie Berg
Land use Division Director
705 Courthouse Square
St Cloud, MN 56303
October 14, 2013
Dear Ms. Berg;
OCT
After receiving your August 12, 2013 letter, and after discussions with the Township, I want to
clarify a few things.
First, the property is residential non - homestead. Section 5.1.2A(3) that you point to is not
applicable. Instead, Section 5.1.2A(2) is the proper section due to the residential nature of the
property. There is no prohibition on structural alterations in 5.1.2A(2), just a limitation on
expansion. Regardless of the applicable section, the billboard has not been structurally altered.
Second, the billboard has not been expanded. Through ordinary repair and maintenance, several
posts have been removed over time. The footprint of the sign and its posts, as you note in your
August letter, has actually been reduced. If anything, the billboard has now moved toward
compliance as a result of the repair and maintenance.
Third, the ordinance does not distinguish digital billboards from non - digital billboards. From a
practical perspective, the change from non - digital to digital is no different than changing the sign
face from one advertisement to another. According to Section 7.24.7, changing the copy on a
legal nonconforming sign is completely permissible under the County's ordinance.
After reviewing the ordinance and discussing the situation with the Township, I believe the
billboard remains a legal nonconformity. The sign is in the same location it has always been and
it has not been expanded. As such, removal or a variance is not necessary. If you or the Joint
Planning Board would like to discuss this further, please feel free to contact me.
Sincerely,
Mike Deutz
320 - 363.4953 (Office)
320.248.2000 (Cell)
320.363.8680 (Fax)
THIS PAGE INTENTIONALLY LEFT BLANK
Date: October 22, 2013
Name of Applicant: St.
Parcel #: 31.21191.0010
Stearns County Environmental Services
Board of Adjustment Staff Report
File: P- 000179
Joe Mini - Storage, LLC TWP: St. Joseph
Relevant Facts:
The applicant is requesting to leave a nonconforming off premise sign (billboard) that
has been structurally altered and the height increased from what existed. The billboard
is nonconforming for the following standards:
(1) The setback from the right -of -way of County Road 75 is 2ft. The setback
requirement is 10ft. The post that used to be on the roadward side of the fence
would have been closer to the right -of -way.
(2) The setbacks from other off - premise signs in the area are 585ft, 970ft, and
1,018ft. The setback requirement between billboards is 1300ft.
(3) The allowed maximum square footage is exceeded. The signs are 10ft x 48ft
and 12ft x 24ft totaling 768sgft. The Ordinance limits the total square footage of
both sides to less than or equal to 600sgft.
(4) The property line, as located by the applicant, is 5.5 feet from the digital face of
the sign.
There are no previous sign dimensions available through the assessor's office so staff is
unable to document if the replacement digital sign area is larger than what was there
before. The applicant states that it is the same dimension as existed but the digital sign
is positioned higher than what it replaced. Structural posts have been replaced and the
face of the sign has been raised and is now an electronic digital face billboard. See the
attached Google Earth map of the old sign and photos of the new signage.
The property is zoned Commercial and the request is reviewed for compliance with
Sections 5.1.2A (nonconformity), 7.24.1G (right of way and property setbacks),
7.24.5A(3) &C (cumulative area of signs and setback to other billboards) of Stearns
County Zoning Ordinance #439. It was brought to Environmental Services' attention
that a nonconforming sign had been replaced and altered and no permits were issued
for the work. The Ordinance allows for nonconforming structures located on properties
not classified as homestead and nonhomestead residential or seasonal recreational to
do normal maintenance, including non - structural maintenance and repair, except
structural alteration of a nonconforming structure. The Ordinance defines structural
alteration as any change in the supporting members of a building, such as bearing
walls, columns, beams or girders. Staff conducted a site visit and found that the
structural posts supporting the billboard sign had been replaced and the new electronic
digital face sign had been erected and situated higher on the posts than the previous
non - digital, vinyl wrap billboard.
In the Commercial District, billboards are allowed as a Conditional Use. St. Joseph
Township enforces the state building code and a Building Permit is required for the
nature of the work that has been completed but one has not yet been obtained for the
project. If a Variance and Conditional Use Permit are granted, a building permit will also
be required from the Township.
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.
An off - premise sign is allowed as a conditional use in the Commercial District.
2. The variance must be in harmony with the general purposes and intent of the
official controls.
The purpose and intent of the Commercial District, as stated in Section 9.10.1 of the
Zoning Ordinance, is to promote the concentration of a wide range of commercial
and recreational establishments into a general commercial area to service local
residents and the traveling public.
The intent of not allowing nonconforming structures on properties not classified as
homestead and nonhomestead residential or seasonal residential to do only
nonstructural maintenance and repairs is that when they are no longer structurally
sound, the billboard will be removed from the landscape, bringing the area into
greater compliance.
3. The variance must be consistent with the comprehensive plan.
The Comprehensive Plan Resource Related Policy #3 is Community character.
Characteristics of the landscape contribute significantly to the character of the
community and will affect where development occurs and the form it takes. Policies
might encourage or require limiting signage or display of equipment.
The Economic Plan Development Goal 1 is to maintain and strengthen economic
diversity; and Objective 7 is to enhance the ability of local retail & commercial
businesses to sustain small city and town center commercial area.
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 requested variance for the setback distances from the other 3 billboards
ranges from a 21.7% to 55% deviation.
• The requested variance for the right of way setback requirement for CR75 is
an 80% deviation.
• The requested variance to exceed the maximum cumulative area is a 28%
deviation.
b. The plight of the landowner is due to circumstances unique to the property
and not created by the landowner.
The applicant did not obtain a building permit from the Township for the project or
from the County when he replaced the nonconforming old sign with the new
electronic digital sign, so the project was completed by the time staff became
aware of it. There are no topographical features unique to the property
influencing this request.
The plight of the landowner is due in part to the location of the signs when
regulations were enacted resulting in their classification as nonconforming.
c. The variance, if granted, will not alter the essential character of the locality.
The adjacent properties are zoned Commercial, Industrial, and the Municipality is
close. The size of the structure is similar to what has been there. The Board
needs to consider if there is an impact with the illumination of and digital nature
of the electronic digital billboard.
d. The need for the variance involves more than economic considerations.
Economics were not part of the discussion with the applicant.
This is an after - the -fact variance request so the Joint Planning Board may want to
consider these additional findings in their deliberations:
• Will the request have an adverse effect on government services? Why or why not?
• Is there another feasible method to alleviate the need for a variance? (Economic
considerations play a role in the analysis under this factor). Why or why not?
• Why did the applicant fail to obtain a variance / or comply with the applicable
requirements before commencing work? Did the applicant act in good faith? Why or
why not?
• Did the applicant attempt to comply with the law by obtaining the proper permits?
Why or why not?
• Did the applicant obtain a permit from another entity that violated the law?
• Did the applicant make a substantial investment in the property? Provide details.
• Did the applicant complete the repairs / construction before the applicant was
informed of the impropriety? Please provide details.
• Are there other similar structures in the area? Please provide details.
• Is the benefit to the City and Township outweighed by the detriment the applicant
would suffer if forced to remove the structure? Why or why not?
Alternatives /Recommendations:
1. Grant or deny the variance based on the Findings of Fact.
Attachments:
Staff Report
Application including site plan, findings, letter to Angie Berg dated 10114113
Aerial Photos: 1 general and 1 showing billboard setbacks
Site Plan by Staff
Letter from Angie Berg, dated 8112113
Photographs- before (Google Earth) and after
St. Joseph Township Plat Map
60 day rule log sheet
Copy of recorded deed for the property
S'CEARNS COUNTY ENVIRONMENTAL SERVICES
BOARD OF ADJUSTMENT
SITE PLAN
Indicate in the space below the dimensions of your lot and the locations of the followin
1, dimensions and location of structures
3. lakes, wetlands, slopes, bluffs
2, setbacks from road right -of -ways, 4. septic systems, wells and neighboring wells
easements and property line
-T leas
- ._ --/-_
y,,W eA
4.4, Fie
Return to: Stearns County Environmental Services Department
Administration Center, Room 343
705 Courthouse Square
St. Cloud, MN S6303
(320) 6S6 -3613 or 1- 800 - 450 -0852
M:L WR\BOFADI \SITENL.DOC
I
10j
Y
August 12, 2013
COUNTY OF STEARNS
sdtava�� 5MW;z" V040 lea
Administration Center Rm 343.705 Courthouse Square • 5t. Cloud, MN 56303
320- 656 -3613 • Fax 320 - 656.6484 • 1- 800 - 450-0852
St. Joe Mini Storage LLC- sent via email to mdeutzC�atlive.com
PO BOX 639
SAINT JOSEPH MN 56374 -0639
Dear Mr. Duetz:
Per our conversation today, the purpose of this letter is to inform you of your options to come into
compliance with Stearns County Land Use and Zoning Ordinance #439 as it relates to the replacement of
the non - digital, vinyl wrap billboard (west facing) to a digital face billboard located at 8480 County Road
75, St. Joseph, MN. Based on aerial images the County's GPS billboard data, it also appears that the
number of poles on the east facing billboard went from 9 to 5 sometime between 2010 -2012. This is
considered a structural alteration. Ordinance #439, Section 7.24.5 (enclosed) has a 1300 foot setback
from any other billboard The attached map shows four billboards that are within 1300 feet of the
billboard located on your property. According to the City of St. Joseph, the billboard on the Armory
property has been removed and will not be replaced therefore this setback no longer applies.
While Section 7.24.6 classifies the billboards as legal nonconformities, Section 7.24.7 states that a legal
conforming sign becomes an illegal nonconforming sign and subject to the violation provisions of the
Ordinance if the sign is relocated or replaced or the structure or size of the sign is altered in any way
except toward compliance with the Ordinance. This does not refer to change of copy or normal
maintenance. Section 5.1.2A(3) does not allow structural alteration of a nonconforming structure.
Your options include removing the billboard or applying for a variance to the setback distance from the
City of St. Joseph/St. Joseph Township Orderly Annexation Joint Planning Board. According to the
agreement Stearns County has with the Joint Planning Board, our role is to help facilitate compliance
with the Ordinance. Any enforcement action will come from the Joint Planning Board.
Please contact me with your intentions to gain compliance. If you have any questions please call our
office at (320) 656 -3613 or 1- 800 -450 -0852.
Sincerely,
c7M 'e Ber
Lan 'lion Director
CC: City of St. Joseph, Judy Weyrens (via email)
St. Joseph Township Clerk, Anna Reichel (via email)
#875 -SM 'Affirmative Action I Equal Opportunity Employer-
Extract of St, Joseph Township Minutes — September 30, 2013
Mike Deutz was present to discuss his illuminated sign along CR 75. Janssen informed Deutz that he
would be allowed to speak as it is an open meeting, but no opinion, recommendation or decision would
be made as it is a matter for the Joint Planning Board of the St. Joseph Township /City of St. Joseph.
Janssen will meet with Angie Berg of Environmental Services and get direction on this issue as the
Township has adopted the Stearns County Ordinance.
/ A I
AFTER
MEL
THIS PAGE INTENTIONALLY LEFT BLANK
ll.
61�-- -
ta
C
THIS PAGE INTENTIONALLY LEFT BLANK
THIS PAGE INTENTIONALLY LEFT BLANK