HomeMy WebLinkAbout[04c] Special Use - Finken
4(c)
Council Agenda Item
MEETING DATE: July 17, 2014
AGENDA ITEM: Special Use Permit, Ralph Finken
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on July 7, 2014 to hear a request for a special use permit to allow the construction of an
accessory building with the construction of a principal building. The Planning Commission
recommended the City Council grant a special use permit with the contingency that the parcel with the
garage cannot be sold without a building permit to construct a principal structure.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: See Planning Commission information that follows
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
Draft Findings
Request for Planning Commission Action
Hearing Notice
Application for Special Use
Site Plan
Executed Findings, Planning Commission
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the findings of fact,
granting a contingent special use permit to allow an accessory building on an R1 lot with the
construction of a principal structure.
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City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Ralph Finken, Lumber One Development Company LLC AND DECISION
Special Use Permit at 1334 Jasmine Lane E
Accessory Building on a R1 Single Family Residential Lot without principal structure
FINDINGS OF FACT
On July 7, 2014, the St. Joseph Planning Commission conducted a public hearing to consider the
application of Ralph Finken for a Special Use Permit to allow an accessory building on a R1 Single Family
Residential lot without the construction of a principal structure at 1334 Jasmine Lane E. The matter was
duly published and notice was provided to property owners within 350 feet of the above referenced
property.
The Planning Commission hereby established the following facts as it relates to the request of
Ralph Finken for a Special Use Permit.
1.The property at 1334 Jasmine Lane E is zoned as R1 Single Family Residential and is legally
described as:
Lot 12, Block 4 Northland Heights, according to the plat thereof on file and of record
in the Office of the Stearns County Recorder
(hereinafter “1334 Jasmine”)
2.St. Joseph Code of Ordinances 52.27 Subd. 4(g)[4] states no accessory building nor structure
shall be constructed on any lot prior to the time of construction of the principal building to
which it is accessory.
3.Within the R-1 and R-2 districts, no accessory structure, including attached garages, or any
combination of accessory structures shall exceed 1,350 square feet or 10 percent (10%),
whichever is the lesser, of the total lot area. In addition, lot coverage requirements outlined
within the respective districts shall be adhered to.
4.The same or similar quality exterior building material shall be used on the accessory building
and the principal building.
5.On May 12, 2010 the City of St. Joseph issued Building Permit 2010-00106 to Lumber One to
allow the construction of a single family residence at 1338 Jasmine Lane. On August 12,
2010 Ralph and Maureen Finken occupied the property.
6.On June 13, 2014, Ralph Finken submitted an application for Special Use Permit to allow an
accessory building on a single family residential lot without the construction of a principal
structure at 1334 Jasmine .
7. Ralph Finken owns the adjacent property at 1338 Jasmine Lane and occupies the
property as his principal residence. This property is legally described as:
Lot 13, Block 4 Northland Heights, according to the plat thereof on file and of
record in the Office of the Stearns County Recorder
(hereinafter “1338 Jasmine”)
8. Finken is requesting a special use permit to construct an accessory building on the adjacent
1334 Jasmine to store additional vehicles and recreational equipment.
9.Finken submitted a plan for the accessory building illustrating that the accessory building
has been planned and placed on the adjoining lot so that in the future a principal structure
could be attached to the accessory building.
10.Lumber One Development Co, LLC., the owner of 1334 Jasmine, has contracted to sell the
property to Ralph Finken upon approval of the Special Use Permit.
DECISION AND CONCLUSION
1.St. Joseph Code of Ordinances 52.27 Subd. 4 (g)[5] allows for a special use permit as
follows: Accessory building not specifically permitted by this paragraph shall be prohibited
unless authorized by a special use permit granted pursuant to Ordinance 52.07.03.
Said section prohibits an accessory structure without a principal structure.
2.Granting of a Special Use Permit is a privilege that is granted by the City are therefore issued
with contingencies. The Special Use is being recommended with the following conditions:
a.The property owner will construct the accessory building in compliance with the St.
Joseph Code of Ordinances and MN State Building Code.
b.The property owner will secure a building permit before construction of the
accessory building.
c.If substantial construction has not taken place within one (1) year after the date of a
special use permit, the permit is void except that, on application, the Council, after
receiving the recommendation of the Planning Commission, may extend the permit
for an additional period not to exceed one (1) year. A special use permit authorizes
only the conditional use specified in the permit and expires if, for any reason, the
authorized use ceases for more than one (1) year.
d.Any sale, transfer or other assignment of 1334 Jasmine, or of 1338 Jasmine, whether
voluntary or involuntary, to any party that does not simultaneously own both
properties, shall trigger the obligation to construct a principle residential structure
on 1334 Jasmine which complies with the St. Joseph Code of Ordinances then in
effect. A building permit must be applied for within thirty (30) days of the closing
of the sale, transfer or other assignment, and completed within the time frame
allowed in the building permit.
Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning
Commission, the City Council hereby grants a special use permit to allow the construction of an
accessory building without the construction of a principal building pursuant to the terms and conditions
aforementioned.
Adopted this day of , 2014
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, Administrator
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MEETING DATE:
Planning Commission Agenda Item 5
July 7, 2014
AGENDA ITEM: Special Use Permit,
Accessory Building without Principal Structure
Ralph Finken, 1334 Jasmine Lane E
SUBMITTED BY: Administration
PREVIOUS PLANNING COMMISSION ACTION:
BACKGROUND INFORMATION: Ralph Finken, 1338 Jasmine Lane E has requested to construct an
accessory building on the adjacent parcel. The Ordinance prohibits an accessory building without a
principal structure. Finken is seeking additional storage space for recreational vehicles and outdoor
items. Staff discussed with Finken the possibility of combining the two lots, but that did not work for
two reasons:
1. The maximum accessory space for any R1 Single Family lot is 1350. His proposal would have
exceed the maximum; therefore, it was ruled out.
2. Each property is only allowed one curb cut and combining the lots would not logistically
work for the driveway for the second accessory building.
Finken has agreed to design and the building so that in the future a home could be attached. Therefore
the building will have some brick. Staff had requested that the design be residential friendly, which they
did comply.
If approved the findings include a provision whereby the lot with the accessory building cannot be sold
unless a building permit is secured for the principal structure within 30 days of closing and the home
must be completed within 12 months.
ATTACHMENTS: Request for Planning Commission Action
Hearing Notice
Application
Accessory Building Plans
Site Plan
Draft Findings
REQUESTED PLANNING COMMISSION ACTION: Forward a recommendation denying or approving
the Special Use Permit
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CITY OF ST. JOSEPH
http : / /mn- stjosepk.civicpIus.com
Public Hearing
City of St. Joseph
Special Use Permit
The St. Joseph Planning Commission shall conduct a public hearing on Monday, July 7,
2014 at 6:30 PM at the St. Joseph City Hall, 25 College Avenue North. The purpose of the
Administrator hearing is to consider a Special Use Permit to allow an accessory building on a R1 Single
Judy Weyrens Family Residential lot without the construction of a principal structure. The property is legally
described as Lot 12 of Block 4 of Northland Heights.
Mdyor St. Joseph Code of Ordinances 52.27 subd. 4 (g)f51 allows for a special use permit as
Rick Schultz follows: Accessory building not specifically permitted by this paragraph shall be prohibited
unless authorized by a special use permit granted pursuant to Ordinance 52.07.03.
Councilors
Steve Frank The request for special use has been submitted by Lumber One Avon on behalf of Ralph Finken,
1338 Jasmine Lane E, St. Joseph MN 56374.
Bob L,oso
Renee Symanietz Judy Weyrens
Dale Wick Administrator
Publish: June 27, 2014.
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Phone 32.0.363.72-01 Fax 32-0.363.0342
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APPLICATION FOR SPECIAL USE PERMIT
City of St. Joseph RECEIVED
25 College Avenue N JUN 13 2014
PO Box 668
St. Joseph, MN 56374 CITY OF ST. JOSEPH
Phone (320)363 -7201 or Fax (320)363 -0342
STATE OF MINNESOTA )
) ss
COUNTY OF STEARNS )
Lumber One Development Company L.L.C. %
Ralph Flnken NAME:
PO Box 7, Avon, MN 56310 /
1338 Jasmine Lane, St. Joseph, MN 56374 _ ADDRESS:
Fee $
Paid
Date
INVe, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St.
Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to
their application and complying with the ordinance requirements.)
1. Application is hereby made for a Special Use Permit to conduct the following:
Construct a detached garage which is specifically set up to accommddttte'
future home. Garage is to complement adjacent home located at
1338 Jasmine Lane
2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street
address, if any (attach additional sheet if necessary):
1334 Jasmine Lane, St. Joseph
Lot size is 11,354 Square Feet
3. Present zoning of the above described propert is: R-1
4. Name and address of the present owner of the above described property.
Lumber One Development Company L.L.C.
5. Is the proposed use compatible with the future and present land uses of the area? Please explain:
J Yes F- No
The proposed use is for storage of personal vehicles. Future use
is to be the attached garage for a single family home.
6. Will the proposed use depreciate the area in which it is proposed? Please explain:
F- Yes rX No
The detached garage is designed to look very similar to the adjacent
home. It is designed to accept a future home since it will have
a front entrance door and full frost footings. Exterior finish materials
are identical _to_ adjacent home at 1338 _Jasmine Lane.
7. Can the proposed use be accommodated with existing City service without overburdening the system? Please explain:
jX Yes r No
8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
rX Yes r No
No additional traffic; -°will be generated. If in the future a home
is added this will not have a significant affect on overal traffic
on Jasmine Lane.
Attached to this application, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature: Date:
Property Owner Signature / /�/� "w Date:
FOR OFFICE USE ONLY
Date application submitted: (D — 1 �j— /c f Date application completed:
Planning Commission Action: r Recommend Approval r Recommend DisapprovalDate of Action:
City Council Action: r Approved r, Disapproved Date of Action:
Date Applicant/Property owner notified of City Council Action:
City of St. Joseph
Required Material Submission
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City of St. Joseph
IN RE:
FINDINGS OF FACT
Applicafion of Ralph Finken, Lumber One Development Company LLC AND DECISION
Special Use Permit at 1334 Jasmine Lane E
Accessory Building on a R15ingle Family Residential Lot without principal structure
FINDINGS OF FACT
On July 7, 2014,the St.Joseph Planning Commission conducted a public hearing to consider the
application of Ralph Finken for a Special Use Permit to allow an accessory building on a R1 Single Family
Residential lot without the construction of a principal structure at 1334 Jasmine Lane E. The matter was
duly published and notice was provided to property owners within 350 feet of the above referenced
property.
The Planning Commission hereby established the following facts as it relates to the request of
Ralph Finken for a Special Use Permit.
1. The property at 1334 Jasmine Lane E is zoned as R1 Single Family Residential and is legally
described as:
Lot 12, Block 4 Northland Heights,according to the plat thereof on file and of record
in the Office of the Stearns County Recorder
(hereinafter"1334 Jasmine")
2. St.Joseqh Code of Ordinances 52.27 Subd.4(�)[41 states no accessory building nor structure
shall be constructed on any lot prior to the time of construction of the principal building to
which it is accessory.
3. Within the R-1 and R-2 districts, no accessory structure,including attached garages,or any
combination of accessory structures shall exceed 1,350 square feet or 10 percent(10%),
whichever is the lesser,of the total lot area. In addition, lot coverage requirements outlined
within the respective districts shall be adhered to.
4. The same or similar quality exterior building material shall be used on the accessory building
and the principal building.
5. On May 12, Z010 the City of St.Joseph issued Building Permit 2010-00106 to Lumber One to
allow the construction of a single family residence at 1338 Jasmine Lane. On August 12,
2010 Ralph and Maureen Finken occupied the property.
6. On June 13, 2014, Ralph Finken submitted an application for Special Use Permit to allow an
accessory building on a single fami(y residential lot without the construction of a principal
structure at 1334 Jasmine.
7. Ralph Finken owns the adjacent property at 1338 Jasmine Lane and occupies the
property as his principal residence. This property is legally described as: Lot 13,
Block 4 Northland Heights,according to the plat thereof on file and of record in the
Office of the Stearns County Recarder(hereinafter"13381asmine")
8. Finken is requesting a special use permit to construct an accessory building on the adjacent
1334 Jasmine to store additional vehicles and recreational equipment.
9. Finken submitted a plan for the accessory building illustrating that the accessory building
has been planned and placed on the adjoining lot so that in the future a principal structure
could be attached to the accessory building.
10. Lumber One Development Co, LLC.,the owner of 1334 Jasmine, has contracted to sell the
property to Ralph Finken upon approval of the Special Use Permit.
DECISION AND CONCLUSION
1. St.Joseqh Code of Ordinances 52.27 Subd.4(�1[5] allows for a special use permit as
follows:Accessory building not specifically permitted by this paragraph shall be prohibited
unless authorized by a special use permit granted pursuant to Ordinance 52.07.03.
Said section prohibits an accessory srructure wiihout a principal structure.
2. Granting of a Special Use Permit is a privilege that is granted by the City are therefore issued
with contingencies. The Special Use is being recommended with the following conditions:
a. The property owner will construct the accessory building in compliance with the St.
Joseqh Code of Ordinances and MN State Building Code.
b. The property owner will secure a building permit before construction of the
accessory building.
c. lf substantial construction has not taken place within one(1)year after the date of a
special use permit,the permit is void except that, on application,the Council,after
receiving the recommendation of the Planning Commission, may extend the permit
for an additional period not to exceed one(1)year.A special use permit authorizes
only the conditional use specified in the permit and expires if,for any reason,the
authorized use ceases for more than one(1)year.
d. Any sale,transfer or other assignment of 1334 Jasmine,or of 1338 Jasmine,whether
voluntary or involuntary,to any party that does not simultaneously own both
properties,shall trigger the obligation to construct a principle residential structure
on 13341asmine which complies with the St.Joseph Code of Ordinances then in
effect. A building permit must be applied for within thirty(30)days of the closing
of the sale,transfer or other assignment,and completed within the time frame
allowed in the building permit.
4
Based on the foregoing Finding of Fact and Decision and Conclusion of the St.loseph Planning
Commission,the request for a Special Use Permit is being forwarded to the City Council as a
recommendation to approve pursuant to the terms and conditions aforementioned.
Adopted this�day of 2014
CITY OF ST.JOSEPH
By L e!�
Matt Killam,Chair
By
J dy eyre ,Administr or
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