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Home My WebLink About1991 [05] May 06 St Joseph Planning Commission I Kay 6 1991 Kembel's Dresent: Sr Kathleen Kalinowski; Linda Viehauser; Hub Klein; Kurt Schneider; Ken Hiemenz; Dan Hierengarten; Bud Reber. Judy Weyrens, Deputy Clerk. John Scherer, City Attorney. Others Present: Stephanie Hazen: Council Liaison; Bob Loso; Fred Sandal; Greg Kacures; Colleen Kunkel; Joseph Kunkel; Elaine Imholte; Andy Imholte; Dale Schneider. Hub Klein called the meeting to order. Dan Hierengarten made a motion to approve the April 6 1991 minutes. Second: Hiemenz Ayes: Kalinowski, Viehauser, Klein, Schneider, Hiemenz, Hierengarten. Nayes: None Abstain: Reber. Motion carried 6:0 Reber distributed an Agricultural Extension Service £act sheet on the types o£ trees suitable £or street use in I Minnesota. He suggests the board give some thought to types o£ trees to be allowed on streets and Blvds, and discuss it at a £uture meeting. Dale Schneider appeared be£ore the commission with a detail o£ parking areas £or the planned expansion o£ Sal's Bar. Reber made a motion to recommend to the council to approve the addition and parking with the stipulation that the parking area be black topped and stripped. Second: Hiemenz Ayes: Klein, Reber, Kalinowski, Schneider, Viehauser, Hiemenz, Hierengarten. Nayes: None. Motion passed 7:0 The Chairman called to order a hearing on the variance request o£ Joe Kunkel. Deputy Clerk, Judy Weyrens read the Notice o£ Hearing. The purpose o£ the hearing is to consider a request £or a variance on the £ront yard setback, as needed, and a variance on the rear yard setback o£ six £eet, to extend an existing one stall attached garage. The proposed construction would I extend the garage sixteen £eet southerly, in line with the existing structure. Zoning Ordinance 52 o£ ~he St Joseph Code o£ Ordnances requires thirty (30) £eet £ront yard set back, and rear yard setback o£ not less than 20 percent o£ the depth o£ the lot. The property is located at 31 Second Avenue Northeast; and legally described as Lot One, Block One, o£ Loso's SßQona Addition. The request £or the variance has been submitted by Joe Kunkel, 31 Second Ave. NE St. Joseph, MN 56374 Colleen Kunkel stated that the garage was needed as there is insu££icient parking £or visitors during the winter parking ban and cites that last winter a guest's car was ticketed £or parking on the street. The commission in£ormed her that i£ she had spoken to the police dept. o£ her guest, the department would not have issued a ticket. The commission also stated that the request £or a variance did not meet the criteria £or granting a variance and the lack o£ parking was not causing undue hardship. Reber made a motion to recommend to the council to deny the variance request as it did not meet the criteria £or granting such. Second: Nierengarten Ayes: Reber, Klein, Schneider, Hiemenz, Kalinowski, Nierengarten, Viehauser Hayes: Hone. Motion carried 7:0 Hearing closed at 7:55 p.m. Chairman Klein called to order a hearing on the special use permit request o£ Scott Harms. Deputy Clerk, Judy Weyrens read the notice o£ hearing. The purpose o£ the hearing is to consider a request £or a special use permit to operate an auto repair garage in a general business zone. The property is located at 110 Birch Street West, Lot 4 Block 11, Original Townsite o£ St. Joseph. The request £or a special use permit has been submitted by Scott Harms, 110 Birch Street West, st Joseph MN 56374 Klein opened the Hearing. Scott Harms did not appear at the hearing to answer the commissions questions concerning the property. Reber made a motion to recommend to the council to deny the request £or lack o£ in£ormation, citing Sect. 8.04 , point.s d, g, hand i. o£ t.he code o£ ordinance. (Exhibit. 1 at.t.ached> Second: Viehauser Ayes: Kalinowski, Viehauser, Klein, Schneider, Hiemenz, Reber, Nierengart.en. Hayes: Hone. Mot.ion passed 7:0 The chairman closed t.he hearing. John Scherer spoke t.o commission explaining t.he £unct.ion and responsibilit.y of t.he commission. Fred Sandal from St Cloud A.P.O. spoke and reviewed the information he'd dist.ributed at a previous meeting and sought. input.. Addi tionally, he discussed met.hods the planning commission may use in updat.ing the comprehensive plan. This process also includes approving a future traffic plan for the City The commission request.ed that all t.he maps t.hat. are prepared in this process, all be drawn t.o scale on separat.e overlays t.o facilit.at.e underst.anding. Also discussed by t.he commission was t.he possibilit.y of the City placing some t.ype of requirements as t.o t.he t.ype of housing being built. in st Joseph. John Scherer presented some possible rest.rict.ions, including an increase in lot. size £or a R-l zone. In conjunct.ion, Reber also want.s discussed t.he type of fencing t.o be allowed and t.he possibilit.y of requiring t.hat. t.he land be surveyed before a £ence is erect.ed. Sr Kat.hleen suggest.ed t.hat t.he minutes of t.he council and planning commission be reviewed from t.he past year or so and any reference to lot size, fences etc., be gathered to show that t.he process of regulat.ing t.ype of housing has been in process for some time. Bob Loso clarified t.he council's request. on the sidewalk district. The council wants the commission to recommend who will be accountable for upkeep and maintenance of existing sidewalks, what is private and what is public safety district. Klein made a mot.ion to adjourn at 9:30 p. m. Second: Viehauser Ayes: Kalinowski, Klein, Hiemenz, Viehauser, Schneider, Reber, Nierengart.en. Hayes: None. Motion carried 7:0 Respect.fully submitted, Teresa Kruger-Lahr Copy of the St. Joseph Code of Ordinances Exhibit "1" ..::""- , Subd. 3: Procedure. The Planning Commission Chairman shall forward said application to the Planning Commission for consideration at their next regular meeting. a) The Planning Commission shall set a date for the official public hearing. Notice of such hearing shall be . published in acéordance with State Law and notice shall be published at least once in the official paper of the City and mailed to individual properties within three hundred fifty (350) feet of the parcel included in the request not less than ten (10) days nor more than thirty (30) days prior to the date of said hearing. Failure of a property owner to receive said notice shall not invalidate any such proceedings. b) The Planning Commission shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce any adverse effects, and shall make a recommendation to the City Council within thirty (30) days after the first regular meeting at which the request was initially considered. .."'"', c) The City Council shall act upon the report and Î recommendation from the Planning Commission within thirty (30) days after the decision by the Planning Commission. Upon receiving the report and recommendation trom the ~lanning Commission, the City Council shall have the option of holding a public hearing if necessary and may impose any conditions deemed necessary. Approval of a special use permit shall require passage by a two-thirds (2/3) vote of the full City Council. ~1rdr~4~~~1i1Gr~[~~~~1~a.~~~~~F0mmiSSion ~hall recommend a spec~al use perm~t and tneCounc~l~~na1~ order the ~ssuance of such permit only if both the Planning Commission and Council find that such use at the proposed location: a) Will not be detrimental to or endanger the public health, safety, morals, comfort, convenience or general welfare .of the neighborhood or the City. b) Will be harmonious with the general and applicable specific objectives of the comprehensive plan of the City and this Ordinance. c) Will be designed, constructed, operated and main- tained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. ,/ d) Will not be hazardous or disturbing to existing -93- ,. ......-...\ of future neighboring uses. e) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools. f) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. g) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. . h) Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic or surrounding public thoroughfares. i) Will have adequate facilities to provide sufficient r··~ off-street parking and loading space to serve the proposE use. j) Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance. k) Will conform to specific standards of this Ordinance applicable to the particular use. Subd. 5: Denial For Non-Compliance. If the Planning Commission recommends denial of a special use permit or the Council orders such denial, it shall include in its recommendations or determination findings as to the ways ~n which the proposed use does not comply with the standards required by this Ordinance. Subd. 6 : Conditions. In recommending or approving any special use permit, the Planning Commission and the Council may impose conditions which are considered necessary to meet the standards of this Ordinance and to protect the best interests of the surrounding area or the City as a whole. Violation of any such condition is a violation of this Ordinance. These conditions may include but are not limited to the following: a) Ingress and egress to property and proposed structures thereon with particular reference to vehicle '- and pedestrian safety and convenience, traffic flow and . --' control, and access in case of fire or other catastrophe. -94-