HomeMy WebLinkAbout1993 [02] Feb 01
February 1 , 1993
Pursuant to due call and notice thereof, the Planning commission for
the City of St. Joseph met in regular session on Monday, February 1 ,
1993 at 7:00 p.m. in the St. Joseph City Hall.
Ms:mbers Present: Chair Hub Klein. Members of the Commission Sr.
Kathleen Kalinowski, Linda Sniezek, Dan Nierengarten. Secretary of the
Board Judy Weyrens. Council Liaison Ken Hiemenz.
Others Present: Mayor Donald "Bud" Reber, Chuck Scherer, Mike Deutz,
Art Reber, Marie Reber, Rosie Reber, Bob Loso, Ken Twit, Terry Schmid.
Building Addition - Chuck Scherer: Chuck Scherer appeared before the
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Planning Commission for an extension of the current special use permi t .
Mr. Scherer explained to the Council that he needs to expand his
warehouse facilities and build a maintenance building. Tentative plans
include the construction of a drive thru maintenance bay approx. 100 x
80.
Chair Klein explained that before a building permit could be issued,
the property must be in compliance. In 1987 a building permit was
issued to Mike Scherer for the construction of a garage. When the
building permi t was issued In 1987, the property was zoned R-l. The
maximum allowable square footage for a garage/accessory building in an
R-1 zone is 800 square feet. The construction of the garage would
exceed the maximum square footage. Therefore, the building permi t was
issued with the understanding that the existing garage (Quonset) be
removed. Chair Klein clarified that until this matter can be resolved
a building permi t cannot be issued.
Chuck Scherer stated that the building in question, Quonset, belongs
personally to Mike Scherer, and he cannot speak on his behalf. He did
however, question why the building must be torn down. If the building
were in need of repair he could understand tearing i t down, but he
feels that the building is aestheticaly pleasing. He also stated that
he will continue coming to meetings until the matter is resolved.
The Planning Corrm1Ì s s ion assured Mr. Scherer that they understood his
situation and would try and resolve the situation. Mayor Reber stated
that he would contact the City Attorney for a legal opinion. Any
correspondence will be forwarded to Mr. Scherer and the matter wi 11 be
placed on the March Planning Commission agenda.
The Planning Commission requested the Secretary of the Board to mail to
Mr. Scherer a copy of the past minutes as they relate to his property,
and a copy of the resolution rezoning his property from R - 1 , Single
-. Family to Industrial.
~ial Us~ Permit ~ Mike Deµtz: Chair Klein called the hearing to
order at 7:30 p.m. The purpose of the hearing is to consider a request
for a special use permi t. This permi t would allow the property located
at 1 1 1 College Avenue North, to function as a mu lit f am il y dwelling.
Page 1
February 1 , 1993
Zoning Ordinance No. 52.20 subd 4 ( d) allows for property In a general
business zone to be used for mulitfamily dwelling only with a special
use permit. The property lS legally described as Lot 10, Block 12:
Townsite of St. Joseph.
Mr. Deutz at t.his time withdrew his appl ication for a special use
permit. He stated that some things have happened over the past few
days, and he would no longer be purchasing the property. Mr. Deutz
apologized to the Corrmli s s ion for any inconvenience he may have caused
and thanked them for t.heir understanding. Chair Klein closed thp
hearing 3.t 7:40 p.m.
fiD-ªl Pia t ApJ2I_ov-ª1 ::_ fiQJ:J:bJillìd Phas~ J l~ Mr Schmid appeared b(~fore
the Planning Commission requesting final plat approval for Northland
Addition, Phase I 1 . The second phase will consist of 32 lots fOl'
singJe family homes with mixed financing, FHMA and conventional. The
protective covenants wi 11 be identical to those of Phase I , and he 1 S
asking that three of the homes have square footage of less then 1 .000
square feet. This same stipulation was included in phase I . However,
no house has yet been built smaller than 1 ,000 square feet.
Chair Klein discussed with the Council his conversat.ion with the Cj t;,'
Attorney, in which he stated that the property should be re-zoned to R-
1 . The property currently does not have a zone classification. PURD
is not a zone classification, but a development type. Northland will
s t i 11 be developed as a PURD, but wi 11 have t.he zoning characteristics
of R -1 , single family.
Mr. Schmid discussed wit.h the Council that he will be contributing cash
in lieu of parkland, as pre\'iously agreed to. The Planning Cormllission
stated they would prefer to have parkland. Sr. Kathleen stated the
importance of providing parkland for that development. With the
potential number of children living In that area, it would be extremely
hazardous to make children cross a four ( 4 ) lane highway to use a C it y
park. Comrnissioner Sniezek concurred.
The Park Board has met with Peter Rothfork and he has agreed to donate
land for park. The lots to be donated would be in the next phase of
development. Planning Commissioners reminded Mr. Schmid that this
donation does not relieve him oJ his requirement. for parkland and 1 s a
separate Issue. I t was the general concensus of the Planning
Commission to see if the land known as lndian Hill is available for
parkland, as t his would be ¡norc desirable than four lots in the third
phase of development.
Counc i 1 Liaison Hiemenz requested that both the City Attorney and Ci ty
Engineer review the easements to rnake sure they were adequate in
footage and located properly.
Aft.er a lengthy discussion. Sniezek made a motion to l' econm1end Counc i J
approval of the Final Plat for Northland Phase I I with the following
contingencies:
Päge 2
February 1 , 1993
Indian Hill wc>,u I d be available
in writing, that
1- An assurance The Commission would
for the City to purchase for parkland.
r ecorrmlend the City to accept cash in lieu of Parkland.
then feasible for the City to
However, if it is not possible or
Indian Hill, the Commission is reconm1ending the City
purchase
accept land in lieu of cash.
2. Final approval of the Ci ty Engineer.
3. Negotiation and execution of a Subdivision agreement
4. Execution and filing of protective covenants.
5 . A title opinion verifying title to the property.
6 . Inclusion of any easements deemed necessary by the City
Engineer, including any easements for utility and/or drainage.
7. The plat will include language of public dedication s imi lar to
the following:
"Have caused the same to be surveyed and platted as
Northland and do hereby donate and dedicate to the public
for public use forever the thoroughfares and also dedicating
the easements as shown on this plat for drainage and utility
purposes. If
8 . The plat will include language of easement dedication similar
to the following:
"To assure public use of the drainage and utility easements,
this dedication specifically restricts the property owner
from constructing any structure or fence, planting trees or
shrubs, or storing personal property within the area of the
easement which could delay, restrict or impede access
through the easement by vehicle. "
area a person or a
9. Final approval of the City Attorney.
The motion was seconded by Kalinowski.
Ayes: Klein, Kalinowski, Sniezek, Nierengarten, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Q.ªI~ Size: The Commission reviewed the revised garage size amendment
as prepared by the City Attorney, see attached. After discussion,
Kalinowski made a motion to recommend City Council approval of
amendment as written. The motion was seconded by Nierengarten.
Ayes: Klein, Kalinowski, Sniezek, Nierengarten, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Approval of Minutes: Kalinowski made a motion to approve the minutes
with the following correction:
page 2 : second sentence should read: Sr. Kathleen questioned the
status of the adoption of an official transportation map,
and what the . . . .
Page 3
February 1, 1993
the motion was seconded by Sniezek.
Ayes: Klein, Kal inowski, Sniezek, Nierengarten. Hiemenz.
Nayes: None. Motion Carried 5:0:0
Ken TwiJ: ~ Val' i ance R~uesj:~ Chair Klein called the hearing to order
at 9:00 p.m. The purpose of the hearing is to consider a request for a
one hundred sixty four foot variance on the size of an accessory
building in an R -1 , single family zone. Zoning Ordinance No. 52. 16
subd 4 ( e ) allows a maximum area of 800 square feet for a
garage/accessory building. The property 1 s located at 213 East Able
Street and is legally described as lot 1 2 , block 2. E 20' of Lot 1 2 ,
\\130' of S65' of Lot 1 2 & \V40' of Lot 13, Block 2 .
Mr. Twit stated that in July of 1992, the Ci ty Council and Planning
Commission allowed him to move his existing garage to construct a new
garage, knowing that he was exceeding the 800 square feet. He was told
that the Planning Comrni s s ion is in the process of reviewing the
Ordinance regulating garage size. Therefore, he was allowed to store
the garage on a cement slab in his backyard until the Commission had
reviewed the Ordinance. I f after the Ordinance was reviewed and he \vas
out of compliance, he would then make application for a variance.
Since the Ordinance review was completed and the maximum area was not
increased, he IS in need of a one hundred sixty four foot variance.
Mr. Twit stated that his lot 1 s approx. 14,000 square feet
The Planning Commission discussed the request and f e 1 t that Mr. Twit's
property was large enough to accommodate a larger garage. After
lengthy discussion, Kalinowski made a motion to r ecomrllend Council
approval of the one hundred sixty four foot variance request of Ken
Twit based on the following findings:
St. Joseph Code of Ordinances 52.17
subd 2(a) - 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 t.o other properties In the same
zoning district. Exception being - large lot
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subd 2(d) - The proposed variance will not impair an adequate
supply of light and air to adjacent property, or
diminish or impair established property values
within the surrounding area, or In any other
respect impair the public health, safety, or
welfare of the residents of St. Joseph.
The motion was seconded by Nierengarten.
Ayes: Klein, Kal inowski, Sniezek, Nierengarten, Hiemenz.
Naves: None. Motion Carried 5:0:0
Mr, Twit discussed with the Planning Commission the need to Increase
the maximum allowable square footage. Most families today are two
income families requiring them to own at least two cars. In addition
to the cars. they need room to store the bicycles, lawn equipment, and
any recreational vehicles. The majority of new homes today come
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February 1 , 1993
standard with a three car garage. I f the garage Size is not increased
in St. Joseph, the variance requests will become the norm, not the
Ordinance. He encourage them to review the Ordinance agaIn and
increase the square footage of a garage/accessory building.
Chair Klein closed the hearing at 9: 15 p.m.
NEW BUSINESS
Minnesota .s...tL~_e t Çomp 1 a i n t : The Commission received a complaint from a
resident concerning the general appearance of a building located on
Minnesota Street. It was the general understanding of the Commission
that they could not regulate when/if a building needs to be painted
unless it becomes a safety hazard.
Industrial Park: The Commission needs to begin talking about the type
of development that should be pursued for the Industrial Park. The
Ci ty has chose to reverse their decision of November in which they
became a member of the St. Cloud Economic Development Partnership.
Before the Industrial park can be promoted and sold to Industries, it
is important for the City to have a plan. This issue wi 11 be discussed
at greater length with Fred Sandal of the St. Cloud Area Planning
Organization.
The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
9«dr aJ.LAf.f~
Judy Weyrens,
Secretary of the Board