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HomeMy WebLinkAbout[02] MinutesAugust 11, 2014 13 Page of Pursuant to due call and notice thereof the Joint Planning Board for the Township and City of St. Joseph met in special session on Monday, June 30, 2014 at 7:00 PM in the St. Joseph Township Hall. Members Present: Chair Jeff Janssen. Members Rick Schultz, Ralph Eiynck, Hal Undersander, Mike Koltes, Ross Rieke, Chad Hausmann. Others Present: Brenda Stanger, Jerome Salzer, Ann Reischl, Mark Thompson, Tony Thompson, Cory Ehlert, Chad Allen, Stacey Allen, Mike Deutz. Schultz made a motion to approve the minutes of June 30, 2014; seconded by Approve Minutes: Rieke and passed unanimously by those present . Public Hearing, Variance, Chad and Stacey Allen: Chair Janssen called the hearing to order and stated the purpose of the hearing is to consider issuance of a variance to allow the construction of an accessory structure closer to the road than the residential dwelling. The request for variance is in accordance with the terms of the Joint Orderly Annexation Agreement, recorded document # A1338765, Attachment 2 \[a\] 1, whereby a residential accessory building shall meet the road setbacks and in no case shall they be located closer to the road than the residential dwelling. The property under consideration is located at 31693 Cedar Ridge Road, St. Joseph MN, 56374, legally described as Lot 003, Block 001 of Sunset Ridge. The request for variance has been submitted by Chad and Stacey Allen, 31693 Cedar Ridge . Road, St. Joseph MN, 56374 Chad Allen spoke on his own behalf. He stated that the lot he purchased has some significant typography issues and he has been working with staff at Stearns County Environmental Services to place the house and garage in a place with the least impact. He purchased the lot because of the natural features such as the tree line. If he were to adhere to the strict requirement of the MOU, a large number of trees would have to be removed and the lot would change in character. Allen clarified that even though the building will be placed in front of the house, due to the tree line, the accessory building will not be visible from the street; therefore the intent of the MOU in his opinion is still met. Mark Thompson approached the Board and stated that while he supports the proposal he came to gain a better understanding of the request. He questioned if the home and accessory building would be constructed at the same time to which he was told yes. Cory Ehlert, Sunset Ridge Developer, stated that some of the lots in the development are challenging based on the natural features. He has spoken to the property owners of Lot 6, 7, 8 in the development and they are not opposed to the request of the Allen’s. Allen was questioned if the accessory building is for personal or business use. Weyrens clarified that f the accessory building is needed for a home occupation, a special use permit would be required. Allen responded that the he will only use the structure for personal use. There being no one further requesting to speak, the public hearing was closed at 7:15 PM. Janssen and Schultz questioned if the house could not be re-positioned not need relief from the requirements. Allen stated that they have moved the building as far as they can. The way the building is situated currently it is setback over 272’ creating a long driveway. Moving the building would create additional costs for a driveway that is already extensive. Due to the topography the driveway includes construction of a bridge over some wetlands, which is an added costs. Allen further stated that he would have to remove a large amount of trees and then his lot would look different from the other lots in the neighborhood. He stated that he purchased the lot because of the topography. Allen stated that in reviewing options for the buildings, he also had to locate a second septic system. The Board reviewed the different options and it came back to placing the home in the natural clearing on the lot. Allen again reiterated that he has exhausted all possible options and is in need of a variance. He assured that Board that the accessory building will meet all the building requirements to include matching August 11, 2014 23 Page of the building materials to the main structure. Weyrens clarified that the action taken at this matter is specific to the variance on the setback and building requirements are a separate matter. Any structure constructed must meet the requirements of Stearns County Environmental Services and the Building Official for St. Joseph Township. Rieke made a motion to adopt the following Findings of Fact, granting a variance on the front yard setback requirement for an accessory building. Based on the Finding of Fact, the St. Joseph Joint Planning Board approves the Variance Permit as requested by Chad and Stacey Allen to allow of an accessory building closer to the road than the principal structure at 31693 Cedar Ridge Road based on the following findings: 1. The topography of the property limits the area in which the accessory building can be located and the property owner has placed the accessory building in a location that requires the least removal of natural resources. 2. The property owner is not deviating from the intent of the restriction requiring placement of the accessory building behind the main structure. While the building is physically in front of the main structure it will not be visible from the street due to the trees and topography of the property. Therefore the intent of the MOU requirement is not deviated. 3. In reviewing the variance in relation to MN Statute 394.27 Subd. 7 the board finds: a. The proposed use is consistent with uses allowed in the R4 Zoning District and provision of the MOU included in the Orderly Annexation Agreement. b. The proposed use is in harmony with the general purpose and intent of the R4 Zoning District and provisions of the MOU included in the Orderly Annexation Agreement.. c. The variance is consistent with the Comprehensive Plan, allowing for accessory structures within a residential district, and not deviating in size. d. Practical difficulties exist in applying the strict standards of the Ordinance and MOU, which include: i. The property owner purchased a large residential lot that would accommodate a large accessory building and home and is requesting to utilize the property in the same manner as adjoining property owners. ii. The subdivision entitled Sunset Ridge contains natural elements that create building impediments and the property owner has placed the buildings in a manner which disturbs the least amount of natural resources. iii. Strict compliance to the land use regulations would alter the character of the neighborhood as a considerable amount of trees and forestry would have to be removed to construct the accessory building creating this one parcel to have a different look. It would create unconformity within the neighborhood. iv. The request for variance is more about saving the natural resources not saving financial resources. Therefore the need for variance is not purely economic. The Variance is approved with the following contingencies: 1. The accessory building can only be used for personal use. If the property owner intends to use any part of the accessory building for home business or extended home business a separate special use permit must be secured as required by the MOU in the Orderly Annexation Agreement. 2. The Variance 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 The motion was seconded by Hausmann. Ayes: Janssen, Schultz, Koltes, Rieke, Eiynck, Hausmann Nays: Undersander August 11, 2014 33 Page of Other Matters: Mike Deutz approached the Board to request clarification on the process needed to allow an accessory building at the St. Joseph Sand and Gravel site. He stated that he was uncertain as to the process he needed. He stated that he discussed the matter with staff at Stearns County Environmental Services and they indicated that an accessory building is not permitted. He stated that a building was located at the site when he purchased the property but cleaned up the property and removed the building. He stated it is his opinion that he is entitled to a building credit. In discussing the matter with Township Supervisor Jerome Salzer, he requested that he come to this meeting and discuss alternatives. Deutz stated that is looking to have an office area and a place to repair equipment. Since the Board did not have information on this matter, they agreed to conduct a special meeting if it was determined that an accessory building would be permitted. Weyrens stated that she would contact Stearns County Environmental Services and if the use is permitted she would work with Deutz to secure the necessary paperwork to begin the process. Schutlz made a motion to adjourn at 7:45 PM; seconded by Schultz and passed Adjourn: unanimously by those present. Jeffrey Janssen Judy Weyrens Joint Board Chair Joint Board Secretary This page intentionally left blank