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HomeMy WebLinkAbout[02] MinutesOctober 14, 2013 Page 1 of 4 Pursuant to due call and notice thereof the Joint Planning Board for the Township and City of St. Joseph met in regular session on Monday, October 14, 2013 at 7:00 PM in the St. Joseph Township Hall. Members Present: Chair Jeff Janssen. Board Members Rick Schultz, Ralph Eiynck, Renee Symanietz, Doug Friedrickson, Ross Rieke, Michael Koltes, Chad Hausmann. Ex- Officio Member Commissioner Mark Bromenschenkel. Board Secretary Judy Weyrens. Others Present: Roger Scheeler, Mike Deutz, Luann Blonigen, Wally Blonigen, Karen Bechtold, Jerome Salzer, Brenda Stanger, Ann Reischl Public Hearing, JR Partners, Preliminary Plat: Chair Janssen called the hearing to order and stated the purpose of the hearing is to consider a two lot plat entitled "St. Joseph Industrial Park East Plat 4" submitted by JR Partners of St. Cloud according to Stearns County Subdivision Ordinance #230 and Land Use and Zoning Ordinance #439. The property is zoned Industrial (1). The 2.98 acre plat is located in part of Lot 9, Block 1 St. Joseph Industrial Park East and in Lot 1 Block 1 St. Joseph Industrial Park East Plat 2 in Section 12, St. Joseph Township (124/29) lying northwesterly of Pearl Drive. Minutes: Scultz motion to accept the minutes of October 14, 2013 with minor corrections; seconded by Koltes and passed unanimously. Discussion: Ann Reischl questioned when the policy regarding approving minutes changed as they use to be approved if after they mailed and no one responded within 30 days. Janssen stated that the processes for the Joint Planning Board need to be clarified at a later meeting. Public Hearing — Preliminary Plat, JR Partners: Janssen called the hearing to order and stated the purpose of the hearing is to consider a two (2) lot plat entitled "St. Joseph Industrial Park East Plat 4 ". The request for plat has been submitted by JR Partners of St. Cloud LLC. The property is zoned Industrial (1). The 2.98 acre plat is located in part of Lot 9, Block 1, St. Joseph Industrial Park East and in Lot 1 Block 1 St. Joseph Industrial Park East Plat 2 in Section 12, St. Joseph Township (124/29) lying northwesterly of Pearl Drive. Roger Scheeler, JR Partners, spoke on his own behalf. He stated that he was trying to sell the entire parcel being considered for plat, but was unable to do so. The property currently contains tow businesses that lease the buildings and land. One of the tenants has expressed interest in purchasing the building and land they rent; however to complete the transaction the property would have to split or platted. Therefore he is requesting to plat the property. There being no one further wishing to testify, Rieke made a motion to close the hearing at 7:10 PM; seconded by Schultz. Weyrens stated that the information presented to the Board includes the review comments of the Stearns County Environmental Services staff as well as the City Engineer. Stearns County is recommending that if the plat is approved a declaration of restriction, subdivision agreement, ingress /egress easement and water supply verification be incorporated into a development agreement which would be executed by the property owner and Joint Planning Board. Weyrens stated that the City engineer has requested inclusion of a 20 foot easement on the north and west property line for future utilities. Township Supervisor Jerome Salzer questioned if Scheeler was provided a copy of the packet information and the development agreement as he should have an opportunity to see what the Board is considering. Weyrens stated that she has been communicating with the property owner representative Linda Brown who has forwarded all the information for approval to Scheeler. Upon being questioned Scheeler confirmed that he has seen all the information and concurs. Koltes questioned the ingress and egress to the property and if a new driveway would be constructed so that both parcels would have access. Weyrens stated that the comments of Stearns County address this issue and a cross over easement is being requested for recording to guarantee access. Scheeler concurred that the easement will provide access for both lots. It was clarified that the property owner has October 14, 2013 Page 2 of 4 the responsibility of preparing the actual easement for execution. Dullinger questioned if at some point the two access points would be too close or cause a safety concern. Scheeler stated that they would both use the same access. Rieke made a motion to authorize the Joint Board Chair and Secretary to execute the Development Agreement between JR Partners of St. Joseph and the Joint Planning Board for the plat entitled St. Joseph Industrial Park East Plat 4. The motion was seconded by Schultz and passed unanimously. Discussion: Jerome Salzer questioned why the property owner should be required to provide a 20 foot easement as in his opinion it would be the only lot in the development with such easement. Industrial Park Developer Mike Deutz stated that when he developed the property adequate easement were provided for drainage and he does think the City would use the proposed area for easements and questioned the need. Weyrens stated that the proposed plat was reviewed by the City Engineer, Randy Sabart and he requested the easement for future utilities to which Dullinger stated that it makes sense. Even if the easement is needed for drainage, there is very little work that can be confined to a five foot space, so twenty feet seems reasonable. Deutz state that in reality, the building setback is twenty feet, so the property owner could not use that area for building and it would not impact the buildable area of the property. Billboard Compliance: Janssen stated that the Joint Board is in receipt of information from Stearns County Environmental Services regarding an alleged ordinance violation relating to a non conforming billboard located at 8480 CR 75. Based on a report from Stearns County Environmental Services, Zoning Administrator for the Orderly Annexation Area, the property owner, Mike Deutz, was notified of a potential violation. The billboard for which he owns was converted to a digital sign without zoning approval. The sign is currently is classified as a legal nonconforming sign and the upgrading of the sign to a digital sign moved the sign to an illegal non - conformity. The report from Stearns County indicated that based on aerial imagery, some time between 2010 — 2012 the sign was structurally altered, adding additional poles, violating the setback requirement between signs. The property owner was notified of the violation and informed that a special use and variance would be required to keep the billboard in its current location. In a letter dated October 9, 2013 addressed to Stearns County Environmental Services, Deutz disputed the alleged violation and stated he addressed the Township to discuss the billboard and the interpretation of the Ordinance at their September 30, 2013 regular meeting. Based on the MOU between the Township /City of St. Joseph and Stearns County, Stearns County's role as Zoning Administrator is to provide the first notice of violation and the Joint Planning Board is responsible for any follow through or enforcement. Therefore, the Joint Board needs to determine what if any action should be taken. Janssen stated that when Deutz appeared before the Township, he was informed that his concerns should be reduced to writing so that everyone has a clear understanding of his concerns. Janssen further stated that he had a discussion Stearns County Environmental Services and they are taking the position as zoning administrator, that the sign is in violation and for it to remain Deutz must make application for a variance and special use. Mike Deutz spoke on his own behalf. He stated that talked to Stearns County and sent a letter stating his position that he was just refacing the sign and does not believe he is in violation. He further stated that it is his understanding that Angie Berg from Stearns County Environmental Services was going to send a letter to the Joint Planning Board. Rieke clarified that it is his understanding is that bottom line is that Stearns County has determined a special use and variance are needed and unless some other documentation that that agency is produced, the process should be followed. Deutz stated that he would do whatever the Board requests but does not want to admit guilt. Schultz questioned the non - conformity and what the actual issue is. Commissioner Bromenschenkel stated that he too met with Angie Berg and stated that part of the requirement that triggers a change in the use is the value of the structure. The Stearns County Ordinance clarifies an increase in the use if the value increases by more than 50 %. The digital sign has a much greater value than a painted billboard; therefore the non - conforming use has expanded. In addition, staff has not had the opportunity to review October 14, 2013 Page 3 of 4 the setbacks and size to determine if they too change the status. Stearns County staff will complete this review once an application is submitted for consideration. Jerome Salzer questioned how this provision would apply to a home that was non - conforming and the value increased, could they not improve their home? Miscellaneous: Janssen stated that the City and Township need to schedule a meeting to discuss some housekeeping items as it relates to the MOU and functioning of the Board. One of the items that needs to be addressed on the Township behalf is to change the make -up of the Board to have more elected officials on the board. Schultz concurred with Janssen and stated that the City is okay with the City representation but understands the need to meeting. Some housekeeping items and day to day need to be discussed and cleared up. Need to do a better job on those. Janssen and Schultz concurred that the meeting that needs to be scheduled is between the elected officials, City Council and Township Baord. Adiourn: Schultz made a motion to adjourn at 7:50 PM; seconded by Eiynck and passed unanimously. Jeffrey Janssen Joint Board Chair Judy Weyrens Joint Board Secretary October 14, 2013 Page 4 of 4 This page intentionally left blank