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Home My WebLink About[03] Public Hearing - Hensel CITY OF ST. JOSEPH PO BOX 585 PO BOX 668 St. Joseph MN 56374 St. Joseph MN 56374 320-363-8825 320-363-7201 Jweyrens@cityofstjoseph.com MEMO This memo is intended to provide some background information to the agenda. Chris Hensel has submitted an application to construct a residential accessory building before the construction of the primary residence. Since the property is managed through the Orderly Annexation Agreement, and there is a specific provision in the document that prohibits such, a hearing process was required. The matter was published as a variance and it really should have been an interim use permit. A variance and special use permit do not sunset, whereas an Interim Use Permit can. The process for a variance, special use and interim use permit are the same, all requiring a hearing and notice. CITY OF ST. JOSEPH PO BOX 585 PO BOX 668 St. Joseph MN 56374 St. Joseph 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 and the City of St. Joseph will be conducting a public hearing on Monday, June 9, 2014 at 7:00 PM in the St. Joseph Town Hall, 935 College Avenue South. The purpose of the hearing is to consider issuance of a variance to allow the construction of an accessory structure in a residential district before the construction of a principal structure. The request for variance is in accordance with the terms of the Joint Orderly Annexation Agreement, recorded document # A1338765, Attachment 2 [a] 2, whereby an accessory building cannot be constructed prior to the location of a principal structure. The property under consideration is located at 31820 Cedar Ridge Road, St. Joseph MN 56374, legally described as Lot 010, Block 001 Sunset Ridge. th The request for variance has been submitted by Christopher and Sarah Hensel, 1023 13 Ave NE, St. Joseph MN 56374. Publish: May 24, 2014 TOWNSHIP OF SAINT JOSEPH Application received by 0n CITY OF ST.JOSEPH PO BOX 585 PO BOX 668 St.Joseph MN 56374 5t.Joseph MN 36374 320-363-8825 320-363-7201 Jwey rensecfyofstjoseph.com APPLICATION FOR VARIANCE 0 Application for Administrative Zoning Variance List the Artide(s)and Section(s)of the Land Development Code the applicant is 0 Application for Major Zoning Variance seeking a variance from: 0 Application for Floodplain Management Variance St. Joseph City/Township MOU-whereby an accessory building cannot be constructed without a principal 0 Application for Scenic Rivers Variance structure. 0 Application for Shoreland Management Variance El Application for Subdivision Regulations Variance REQUIRED APPLICATION INFORMATION APPLICANT INFORMATION: Name(s): Christopher&Sarah Hensel Address,City,State,and Zip Code: 1023 13th Ave NE.Saint Joseph,MN 56374 Phone Number(s):320-250-2010 E-mail Address: chris @dovetailkitchendesians.com PROPERTY OWNER INFORMATION: Name(s): Christopher&Sarah Hensel Address,City,State,and Zip Code: 1023 13th Ave NE,Saint Joseph,MN 56374 Phone Number(s): 320-250-2010 E-mail Address: dtrisOdovetailkitchendesions.com Street Address of Subject Property 31820 Cedar Ridpe Road.Saint Joseph,MN 56374 Applicant's interest in Subject Property: El Contractual(Attach Evidence) Freehold Total Area(Acres or Square Feet)of Subject Property 4 acres Complete Legal Description of Subject Property: SECTION 03 TOWNSHIP 124 RANGE 029 BLOCK 001 LOT 0010 SIONCD31101 SUBDIVISIONNAME SUNSET RIDGE 1.State exactly what is intended to be done on or with the property which does not conform with the present Land Development Code. I intend on building an accessory structure on the property in 2014 for the purpose of having a space to store materials and work out of when building a primary residence in 2015. This is necessary since I will be the general contractor when building our home,and will be doing much of the work myself. 2.What reasonable use of your property is lost(practical difficulties)by the strict enforcement of the Land Development Code?Please distinguish loss of property rights from personal preference. We would lose the ability to construct the primary residence ourselves since we would have no location to store materials and build components of the home. We also will need a space to move equipment to in order to make our current home presentable for sale. Also, if we do not have a place for our equipment,it will prevent us from starting construction on the primary residence. 3. Please answer the following questions as they relate to your specific variance request: A. In your opinion,is the variance In harmony with the purposes and intent of the Land Development Coder( ) No Why or why not? We believe that our request is in harmony with the purposes and intent of the Land Development Code because we are planning on starting construction of our primary residence within one year of completing the accessory structure. B. In your opinion,is the variance consistent with the Comprehensive Plan 11, No Why or why not. We believe that the variance is consistent with the city's comprehensive plan because our lot will be a low density residential space,as outlined in map 4-6 for future land use in the City of Saint Joseph. C. In your opinion,does the proposal put property to use in a reasonable manne .4011 No Why or why not. We believe that the proposal puts the property to use in a reasonable manner since it is our plan to start construction of a primary residence in 2015. D. In your opinion,are there circumstances unique to the property? Yes No Why or why not. This property does not have any unique circumstances. We are asking for this variance to allow us to improve and better the development sooner. E. In your opinion,will the variance maintain the essential character of the locality? 43,0 No Why or why not. Granting us this variance will not affect the essential character of the locality, in fact it will enhance it,because this will allow us to build a primary residence sooner than without a variance. The Zoning Board of Appeals must make an affirmative finding on all of the five criteria listed above in order to grant a variance. The applicant for a variance has the burden of proof to show that all of the criteria listed above have been satisfied. I HEREBY CERTIFY THAT I HAVE READ,EXAMINED,AND UNDERSTAND THIS APPLICATION AND THAT THE INFORMATION SUBMITTED HEREIN AND ATTACHED RETO - E,ACCURATE,AND CORRECTLY STATES My INTENTIONS., �, ,,._. G ikc)3 //eK -1 f=.Z,.—)`i Applicant Signature(s) . :, rk, I H at Print Name 5rc h 1-len ) Date 5-2a-it{ Cks-iS fr-cS,el �-7-22-- it Property Owner Signature(s) , t.lid, tteitotif Print Name 5aro.h Pertg.i Date 5-.72-IP-1 STAFF USE ONLY: Application Fee Received by Date Received Request for variance from Article ,Section for the Land Development Code requires This page intentionally left blank Chris& Sarah Hensel 1023 13�'Ave NE Saint Joseph,MN 56374 June 2,2014 St.3oseph To�ship&Gitv of St, 3c�seph Joint Plar�ning Board FO Box 6b$ Sa�nt Jaseph,MN 56374 Dear Board Menabers, We axe seelci�ng a variance from the Land Uevelopment�Qde that st�:tes: �hereby an accessory building crznnot be cpnstructed w�thaut a princfple structure. We are asking that the members o�this boazd consider our request to build an accessory structure pric�r to a prirtciple structure. t�ur reasan fi�r requesting this variance is that we intend on being the general contractar for our new home and will be daing much af the work nurseives. It is because af this that we need to have a buildixag in place tc�store materiais and fabricate many c�f the�nteriar camponents of the home. Nat having variaa2ce to Yhis code woul�i make it difficult for us to camplete our new home an a timely rnanner. We believe that this is a reasona.ble request since it is our intentia�n tc�start constructic�n on a principle structure soon after comple�ion of the accessory st�ucture. Thank you far your consideration of our request. Regards, ,� ' �.�� .,,.� �! � � / {J�7 ( �„77 �..�) lYt�.�. I W�� O.. Chris Hensel Sarah Hensel This page intentionally left blank built by: Hensel Garage Plans 39'-8" 39'-8" built by: Hensel Garage Plans 40'-0" 40'-0" built by: Hensel Garage Plans 9'-0"22'-0"9'-0" r.o. 4'-0 1/4" x 3'-0 1/4"r.o. 4'-0 1/4" x 3'-0 1/4" ts 4836ts 4836 dropped headerdropped header 2-2x102-2x10 32'-2"7'-10" door made by owner 17'-6"6 1/4"7'-3 3/4"14'-8" dropped header 2-2x10 r.o. 4'-0 1/4" x 3'-0 1/4" ts 4836 17'-6"22'-6" 40'-0" built by: Hensel Garage Plans built by: Hensel Garage Plans 7 1/4" built by: Hensel Garage Plans 60'-0"28'-0"171'-3" 60' x 40' shop 134'-0" +/- driveway proposed 130'-0" +/- STATE OF MINNESOTA ST. JOSEPH JOINT PLANNING BOARD COUNTY OF STEARNS INTERIM USE PERMIT PROCEEDINGS In the matter of: A request for Interim Use submitted by Chris and Sarah Hensel to allow the construction of a residential accessory building before the construction of the principal structure. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. PROPERTY ADDRESS: 31820 Cedar Ridge Road PROPERTY LEGAL DESCRIPTION: Lot 0010 Block 001 Sunset Ridge Findings of Fact The St. Joseph Joint Planning Board acknowledged the following in consideration of the request for Conditional Use to allow for the alteration of an existing off-premise billboard: 1. The subject property is located in the Orderly Annexation Agreement between the City and Township of St. Joseph and is zoned R5. 2. In 2012 the Joint Planning Board approved a residential subdivision entitled Sunset Ridge which included twelve (12) single family lots. 3. Included in the Orderly Annexation Agreement is a MOU which identifies land use management guidelines and restrictions. 4. Item No. 2 of the Attachment states: No residential accessory building shall be located on a lot prior to the location of a residential dwelling on the same lot. 5. An application has been received by Chris and Sarah Hensel to allow the construction of an accessory building before the principal structure as they will be the general contractor for the home and need to store material in the shed. 6. The application indicates the principal structure will begin construction in 2015. DECISION AND CONCLUSION Based on the Finding of Fact, the St. Joseph Joint Planning Board approves the Interim Use Permit as requested by Chris and Sarah Hensel to allow the construction of a residential accessory building before the construction of a principal structure 31820 Cedar Ridge Road with the following contingencies: 1. The approval is based on a residential accessory building and should the use be changed to home occupation or extended home occupation a special use permit, as required in the Orderly Annexation Agreement must be secured. 2. Construction of the principal structure must begin no later than September 1, 2015 with completion by June 1, 2016. 3. Approval of the Interim Use Permit is separate an independent from the building/lot requirements. The residential accessory building must meet all the land use requirements as identified and required by Stearns County Environmental Services and the Building Inspector for St. Joseph Township ST. JOSEPH JOINT PLANNING BOARD By Jeffrey Janssen, Chair By Judy Weyrens, Secretary Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201 . 7 ATTACHMENT 2 A. Lang[ Use and Zoning Ordinance Provisions l . Residential accessory buildings shall meet the road setbacks and in no case shall they be located closer to the road than the residential dwelling. 2. No residential accessory building shall be located on a lot prior to the location of a residential dwelling on the same lot. 3. Any manufactured home to be used as a residential dwelling unit and located within the Urban Expansion Zone shall be no less than 24 feet in width and shall bear the Seal of Compliance issued by the State of Minnesota. Residential dwelling units shall be no less than 24 feet in width. 4. The transfer of residential development rights within the Township is prohibited in the OA area. 5. The transfer of residential development rights from another Township into St. Joseph Township is prohibited in the OA area. 5. The transfer of residential development rights from St. Joseph Township into another Township is prohibited in the OA area. 7. The following uses (as such are defined in the Stearns County Lund Use and Zoning ordinance) which are permitted or provisional uses in the Urban Expansion District shall require a conditional use permit in the OA Area: a. Antennas — TV/Radio Receiving, Short Wave/Private Transmitting b. Essential Services, Transmission Services and Utility Substations C. Animal Feedlot expansions d. Bed and Breakfast Inns C. Government administrative and service buildings f. Home extended businesses g. Home occupations h. outdoor recreational facilities i. Accessory agricultural buildings that are accessory to an Agricultural Operation j. Accessory residential buildings k. Kennels — private 1. Solar systems m. Structures related to public airports n. _ Any other uses determined by the Joint Planning Board to be similar in nature and impact to the permitted or conditional uses enumerated herein and which are in harmony with the City of St. Joseph Comprehensive Plan. 8. The following uses as such are defined in the Stearns County Land Use and Zoning ordinance) which are permitted or provisional uses in the Urban SCR SO.Of.� This page intentionally left blank