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HomeMy WebLinkAbout[04] Minutes 2013 [12] Dec 03 December 2, 2013 Page 1 of 4 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, December 2, 2013 at 7:00 PM in the St. Joseph City hall opening with the Pledge of Allegiance. Members Present: Chair Ross Rieke, Commissioners Gina Duliinger, Matt Killam, Daryl Shaefer, Brad Cobb, Council Liaison Rick Schultz, City Administrator Judy Weyrens. Others Present: Katie Schmitz, Joe Schmitz,Tom Klein, Joe Silva, Valerie Silva, Vicky Stadther, Nancy Ebel, Lynn Valek, Barry Kukowski, Tom Conyers, Tom Lowell Approval of the Aaenda: Killam made a motion to approve the agenda as presented; seconded by Schultz seconded. Motion carried unanimously by those present. A�proval of the Minutes: Schultz made a motion to approve the November 4,2013 minutes as presented; seconded by Schaefer and passed unanimously by those present. Public Hearinq. Interim Use: Chair Rieke opened the public hearing to which Weyrens stated the purpose of the public hearing is to consider an interim use permit to allow for a non-owner occupied rental unit at 803 Morningside Loop. St. Joseph Code of Ordinances 52.27 Subd.5(b)allows for an interim use permit as foilows: residential rental provided the property owner is relocating and the dwelling has been actively for sale and on the market for at least three months. The owners may not exceed two in number and a copy of a recorded deed or recorded contract for deed must be provided. The interim use permit request was submitted by Joseph and Katie Schmitz.Weyrens added that this is regarding the new provision in the Ordinance where you could apply for an interim use permit if you are trying to sell your home. It is a maximum of two years and can be renewed once. Weyrens added that the City did receive an email from an anonymous resident expressing their concerns with allowing the interim use permit. Joseph and Katie Schmitz spoke on their own behalf and stated that they have I+ved at 803 Morningside Loop for the past years. Joseph Schmitz stated that they have been trying to sell their home and at one point it was sold, however, the sale fell through. He added that there has been a lot of interest and that all the inspections and appraisals have gone through okay.While the sale was taking place, they had purchased land, moved out of the home and had planned on building in the Spring 2014.They found out 10 days before closing that the buyers'finances had fallen through. They are now making payments on the land they had purchased, on the home, and at the place they are currently renting. Schmitz added that it was never their intent to rent out the property. They would like to work through a rental company to list their home and do all the backround checks for them to ensure there is a good tenant living there. Tom Lowell, 101 Iverson St VI� Lowell stated that he has lived at the residence behind the property and has for over 30 years. Lowell and his wife oppose the rental adding that at the time of the development, he was told that all of the rentals would be south of Iverson Street. All the others homes would be single- family dwellings. Lowell stated that he has noticed a lot of police presence south of Iverson where all the rentals are located. He did not have time to check the number of calls made regarding that area, but he knows that the crime rate is high where those rentals are and does not want to see another rental in that area. As no one else was wishing to speak, Rieke close the hearing for discussion. Rieke asked whether the applicants have met aN the requirements. Weyrens stated that they have met the qualifications. Rieke asked how the process works. Weyrens responded that when the Ordinance Amendment was passed due to struggles people were experiencing in selling their homes and the Council looked at a way to provide some relief to those residents. As a compromise the Council allowed an interim use permit if certain conditions were met: • The home has to be on the market for more than three months • The residents must have lived there for at least two years • It's the applicants' primary residence December 2, 2013 Page 2 of 4 If all the requirements are met than the residents can apply for a one year interim use permit which can be renewed only once. Any complaints made will be discussed at time of renewaf. Cobb added that ail the requirements have been met for this interim use permit and that everything seems to be in order. He asked how long the property has been vacant. Schmitz responded since October 26th and that they are looking at doing an 18 month lease which would get them to the spring of 2015. Schmitz asked what the process would be for renewal.Weyrens responded that administratively a renewal notice will be sent out. If there are any infractions, then the applicants wifl need to come before the Planning Commission. If there are none,then the renewal process will go on as normal. Schultz asked whether the home needs to be put on the market which it is being rented.Weyrens stated that the home does not have to be on the market. At the time the ordinance was amended the Council felt that having the home on the market hindered the opportunity for the owners to get tenants. Dullinger moved to recommend the City Council accept the Findings of Fact issuing the Interim Use Permit to Joseph and Katie Schmitz at 803 Morningside Loop. The motion was seconded by Cobb and passed unanimously. Discussion: Cobb added that the Planning Commission's findings would be put before the City Council for final approval on December 18th. Public Hearinq.Variance Reauest: Chair Rieke opened the public hearing to which Weyrens stated the purpose of the pubfic hearing is to consider a twenty-five (25)foot variance on the maximum height of a sign and to aliow a pylon sign. St. Joseph Code of Ordinances 52.32 Subd. 11(b)j5] states: The maximum height of a business sign shall be fifteen (15)feet in height; and section 52.32 Subd.(d)states: Advertising or pylon signs shall not be permitted. The variance is being requested to allow the construction of a sign 40 feet in height.The prope�ty for which the variance is being sought is Iocated at 1180 Elm St E; legalty described as Lot 001 of ST.JOSEPH PROFESSIONAL PLAT P/O LOT 1 SLK 1 LYING SLY OF FDL:COM NE COR-SE ALG E LN 248'99 TO POB-S89D W 181.78' TO W LN &TERM. The request for variance has been submitted by McDonalds; 1650 W 82"d St, Bloomington, MN 55431. Valerie Silva, 9180 Elm St E: Silva approached the Commission and spoke in support of the McDonalds sign, adding that it is important to their business. Silva believes this McDonald's location is suffering due to the lack of visibility.They are trying to grow the business; however their sales are way down. l.ynn Valek, 116 13th Ave SE: Va1ek approached the Commission opposing the variance request.Valek stated that she is opposed to the sign as she feels it is too large. She added that the ordinance currently in place is there and fits the needs of the businesses that are currently in town. Valek stated that if this sign is cleared, then what would stop other businesses from wanting the same size signs. She does not want St. Joseph to look like a freeway and would like to retain the quaintness of the City. She adds that the 40ft sign would detract fram the area. She would like the Council to deny the sign. Valek is happy that McDonalds came to town, but doesn't think a larger sign would be advantageous for the City. Nancy Ebel, 29457 Kiwi Ct: Ebel approached the Commission stating she did some research on signage and found a study that looked at twenty US cities with various levels of controls on signs. She found that those cities that had more control on signs had a lower poverty rate and lower percentage of vacant homes. Cities that had fewer regulations on signs experienced the opposite with higher poverty rates and higher percentages of vacant homes. Ebel fesls that having the large McDonalds sign will negatively affect the values of homes. Ebel stated that it would be an unfair playing field if the variance request was granted or it would open up pandora's box for anyone to put up a 40ft sign. She would like the City Council and Planning Commission to think about the residents of the City of St. Joseph. Would we want St. Joe to be a ptace we want to stay or a place we want to get out of? Tom Conyers, 828 17�h Ave S, Sf. Cloud:Conyers approached the Cammission on behalf of fndigo Signs which is a full service commercial sign company that just moved into the area. They have served the area for 7 years with a location in Sauk Rapids that was opened in April. Conyers stated that in every growing city there will be a corridor of businesses. He added that the land is zoned as commercial and the speed of traffic when entering the vicinity is higher. He feels that pylon signs should be allowed along the December 2, 2013 Page 3 of 4 highway. From a signage standpoint, he believes it makes sense having people knaw there is a McDonalds up ahead rather than slamming on their breaks at the intersection. Valek responded that the other business nearby are located without having 40ft. signs. She feels that there are numerous businesses that comply with City Ordinances and they are doing just fine. Valek added that the community is growing just fine without that type of signage. Joseph Silva, 9180 Elm St E: Silva approached the Commission stating that the reason a 40ft sign was chosen was due to a tree line that would obstruct the original 30ft sign request. He added that there are Subway has a rather high pylon sign, but they are requesting a 35 ft monument sign. The sign is not going to be as bright as what people think and does not believe it would affect the residents across the street. The current sign that is in place would just be lifted up. Ebel posed the question to the Council:Would we rather want to see a tree line or a McDonald's sign when we look out of our windows? Valek added that there have to be alternative ways of advertising without putting up a 40ft sign. Rieke closed the hearing and opened up discussion. Dullinger questioned the depth of the sign as it could present a traffic visibility issue. Weyrens stated that this property is unusual as typically property that abuts CR 75 only has the County setback; however, in this case there is an additional 100 feet for the rail right of way. In addition, the ROW is lined with trees, creating a visibility issue for McDonalds. Schaefer asked what the heights of the other signs in the area were. Weyrens stated that she is uncertain, but the bank sign is slightly over 20 feet and further west the signs are much taller, such as the ones at BP and subway. Schaefer commented that the trees along the trail will continue to grow. The tree line was the reason for the 40ft variance request. Cobb stated that there are already signs that have been approved that are at the 30-35ft level. He feels that the request conforms to the future corridor on 75 and leaning towards approval of the sign. Schultz made a motion to recommend the City Council grant a 20 foot variance to McDonalds, 1180 Elm St E., accepting the finds of fact. The motion was seconded by Cobb. Aye: Rieke, Schultz, Cobb, Schaefer Nay: Killam, Dullinger Motion Carried 4:2:0 Discussion: Dullinger stated that she is having trouble with the size of the sign. She feels that the variance request is out of character for that area of town. Cobb added that this item will also be reviewed by the City Council on December 19th. Ordinance Amendments Ordinance 56-Fence:Weyrens stated that the Planning Commission has been reviewing the Fence Ordinance and the last piece of information requested by the Commission is to redefine acceptable materials. She presented the Planning Commission with samples of Cities that included a list of prohibited items versus those that are allows. By consensus the Commission agreed to include a list of prohibited items and the revised Ordinance should be brought back to the Commission in January for approval. Ordinance 52.12-Sians:Weyrens reported that since the last meeting the Council considered the recommendation of the Planning Commission approving the Special Use Permit for St. Joe Mini Storage LLC to modify an existing non conforming billboard and tabled action. The matter was tabled so that the Planning Commission could review the regulations for dynamic signs and look at modifying an existing non conforming sign. Weyrens looked at otherarea cities' current ordinances on signage. She added that sign ordinances are all over the place with no two cities the same. Some of the questions the Planning Commission needs to answer are: what types of signs should be permitted? Do different road December 2, 2013 Page4of4 corridors require a different type of signage? Schultz stated that there are two specific areas that need to be addressed. The downtown district and the business district. He feels that there is a need to look at these corridors and what can be done in each area. Dullinger added that you can really define an area by the type of signs that are allowed. Schultz would like to see that type of flavor in the Ordinance. Weyrens stated that she can get an inventory of all the signs on 75 to see what the heights of the signs are. The Planning Commission decided to meet in a workshop session on Monday, December 16tn 6:30pm to discuss the Sign Ordinance. Cobb wauld like to invite the City Council to get their input. The meeting would be a public meeting. Rieke stated that he would like to have the {iaison report on the agenda going forward. Liaison Report: Schultz reported that the APO had a planning session at the library to talk about traifs. It was well attended. He added that the APO director Scott Mareck put in his resignation and that discussions will be had on what to do going forward. Meetinq with Townshiq: Schultz reported there was a meeting with the township regarding the agresment and believes the rough edges have been smoothed out. He sees the one of the remaining issue is whether the Joint Planning Board is a legal entity and if so,what are the options for representation. They will get the County's and the City Attomey's opinion on. Cobb made a motion to include the liaison report in the Planning Commission agenda going forward.The motion was seconded by Schultz and passed unanimously by those present. Ad'lourn: Cobb made a motion to adjourn.The meeting was adjourned by consensus at 8:05 PM. Judy Weyrens Administrator