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HomeMy WebLinkAbout1991 [06] Jun 03 June 3, 1991 Pursuant to due call and notice thereof, the Planning Commission for the City of st. Joseph met in session at 7:30 p.m. on June 3, 1991 at the st. Joseph City Hall. Members Present: Chairman Hub Klein. Members of the Commission Sr. Kathleen Kalinowski, Ken Hiemenz, Kurt Schneider, Dan Nierengarten, Donald Bud Reber. Deputy Clerk Judy Weyrens. City Attorney John Scherer. City Council Liaison Stephanie Hazen. Others Present: Mark Lambert, Elmer Rakotz, Greg Kacures, Joe Kunkel, Colleen Kunkel, Hugo Weyrens, Rita Weyrens, John Galama, Tillie Wasner, Ray Schleper, Scott Harms, Nel pfannenstein, Tom Sibbley. Mark Lambert: Mr. Lambert appeared before the commission to update the commission on the progress of his proposed apartment complex on Cedar Street. Due to lack of funding available, the project will not begin until Spring of 1992. Fred Sandal: Fred Sandal of the st. Cloud Area Planning Organization appeared before the planning commission to discuss with the commission various future planning issues. Discussed were: The transportation plan of st. Joseph Township, wetland areas, goals of the comprehensive plan and land use. Sr. Kathleen discussed the need to review the current area zoned commercial because the commercial area appears to be moving towards the frontage on CSAH 75. Reber would like the commission to look at establishing and encourage development in an industrial area. Because of the importance of future planning, Mr. Sandal encouraged the commission to invite the Township of st. Joseph to a meeting in the near future to acquire their input. Minutes: Hiemez made a motion to approve the minutes of the May 6, 1991 Planning Commission meeting with the following correction: The correspondence provided by the City Attorney, John Scherer, will be an appendix to the minutes. The motion was seconded by Viehauser. Ayes: Klein, Kalinowski, Hiemenz, Viehauser, Schneider, Nierengarten, Reber. Nayes: None. Motion Carried 7:0 Joe Kunkel ~ Variance Request: Joe Kunkel appeared before the Commission to request the planning commission reconsider his variance request of May 6, 1991, due to additional information. Mr. Kunkel requested a variance on the front yard setback, as needed, and a variance on the rear yard setback of six (6) feet, to extend an existing attached one stall garage. Commissioner Reber discussed with the commission the uniqueness of the property owned by Mr~ Kunkel, and made a motion to recommend approval to the Council, the variance request as presented (see appendix 1. 0) . The motion was seconded by Viehauser. Ayes: Klein, Kalinowski, Hiemenz, Viehauser, Schneider, Nierengarten, Reber. Nayes: None. Motion Carried 7:0. Scott Harms ~ Special Use: Chairman Hub Klein called the hearing to order at 8:40 p.m. The purpose of the hearing is to consider a request for 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 of st. Joseph. The request for special use permit has been submitted by Scott Harms. The commission discussed with Mr. Harms the type of business he would be operating. Mr. Harms stated that the majority of his business was from used car lots. When asked if he would be storing vehicles outside of his building, he responded by saying no. Since most of his business is from used car lots, he receives the cars only when he has time and room to work on them. Tille Wasner questioned the noise level if Mr. Harms would be allowed to operate all hours of the day. After a lengthy discussion, Kalinowski made a motion to recommend the Council approve the special use permit of Scott Harms to operate an autobody shop in a General Business Zone, with the following conditions: 1) The hours of operation will not be prior to 7:00 a.m. nor after 7:00 p.m. 2) At no time will the cars parked overnight, outside exceed three (3). (see appendix 1.1 for specific findings). The motion was seconded by Reber. Ayes: Klein, Kalinowski, Hiemenz, Viehauser, Schneider, Nierengarten, Reber. Nayes: None. Motion Carried 7:0. Zoninq ~ Subdivision Regulations: The Commission reviewed a letter prepared by City Attorney John Scherer. As part of the process of updated the comprehensive plan, Mr. Scherer discussed with the Council the need review the building ordinance. After discussion, Reber made a motion to recommend the Council add the following provisions to the building ordinance (Ordinance 51): 1) Builders maintain the building site in a clean and neat condition, picking up and removing building debris on a regular basis and retaining debris in a dumpster, an area fenced by snow fence, or some other structure so it does not blow onto property adjacent to the building side. 2) Require completion of the structure within one year from the issuance of a building permit. 3) Withhold permits from any builders who have any current violations pending with regard to the building codes, developers agreement, housing code violations, or any other ordinance of the City of st. Joseph. 4) Put in a provision allowing the City to withhold building permits from any builder who has had multiple violations of st. Joseph ordinances or of the building code within one year of the application for a building permit. 5) No exterior construction or construction which can cause noise from off the property may occur before 7:00 a.m. and after 7:00 p.m. 6) Builders and/or property owners are required to store building materials inside a structure and limit the amount of time in which building supplies can be stored outside on a construction site or on a residential lot for a reasonable period of about 90 days. The motion was seconded by Schneider. Ayes: Klein, Kalinowski, Hiemenz, Viehauser, Schneider, Nierengarten, Reber. Nayes: None. Motion Carried 7:0 The planning Commission requested the City Clerk to schedule a public hearing on June 19, 1991 at 7:30 p.m. for the consideration of amending ordinance 52.16, Subd 5 and 52.16 Subd 4. Elmer Rakotz presented the Planning Commission with a letter of intent expressing interest in becoming a planning commission member when a vacancy arises. The meeting was adjourned at 9:50 p.m. ~?ÆJ~ Judy Weyrens Deputy Clerk The request of Joe Kunkel for a front yard and rear yard set back variance came before the Planning Commission at a public hearing on May ~ 1991. Due to additional information, the request carne before the commission again at the June 3 1991 meeting. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of st. Joseph, the Planning Commission makes the following findings: 1) st. Joseph Code of Ordinance 52.7 subd 2A requires the commission find: That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. The property owned by the petitioner is 50 feet wide by 200 feet long. The unique dimensions of this lot, make exceptional circumstances for the application of a variance. Based upon these findings, the Planning Commission recommends that the request for a front yard and rear yard setback variance of Joe Kunkel, 31 2nd Ave NE, be approved. Approval shall be upon the following conditions: NONE. These findings and recommendations were approved by a vote of 1-to ~by the st. Joseph Planning Commission this 3rd day of June, 1991. ~ tJ "-Y/~MA ecretary App2ndix 1.0 " I The request of Scott Harms for a Special Use Permit came before the Planning Commission at a public hearing on June'L 1991. The purpose of the hearing was to consider a request to allow the operation of an autobody shop in a General Business District. Notice of this matter was duly served and publishe~. A copy of the notice is attached hereto. In considertion of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of st. Joseph, the Planning Commission makes the following findings: . 1) st. Joseph Code of Ordinance 52.20 subd 1 establishes the intent of a General Business District to provide for establishment of commercial and service activities which draw from customers from the entire community or region. 2) Ordinance 52.20 subd 3B provides a list of permited uses which require a special use permit. Subd 3B reads: Automobile service stations including sales gasoline service stations and auto repair garages... I Based upon these findings, the Planning Commission recommends that the request for a special use permt to allow the operation of a body shop in a General Business District, be approved. Approval shall be upon the following conditions: 1) To control the noise level, the hours of operation for the body shop will be from 7:00 a.m. to 7:00 p.m. 2) The total number of automobiles that will be allowed to be parked outside the building will at no time exceed three (3) vehicles overnight. These findings and recommendations were approved by a vote of 1-to ~by the st. Joseph Planning Commission this 3rd day of June. 1991. 2"':n aJ "1MUf4 I S cret ry Appendi x 1.1'