HomeMy WebLinkAbout1993 [06] Jun 07
_ June I, 1993
Pursuant to due call and notice thereof, the Planning Commission for
the City of St. Joseph met in regular session on Monday, June I, 1993
at 7=00 p.m. in the St. Joseph City Hall.
tl?ln!)_QLê. P'(e:3entcL Chai'r Hut) I<lei n. ¡"1embe'rs of the commission (~ndy
Brixius, S. Kathleen Kalinowski, Marge Lesnick, Dan Nlerengarten, Kurt
Schneider. Council Liaison Ken Hiemenz. Secretary of the Board Judy
~,J'3yrens .
OI:JJerSi. t'JesenJ:;;2. Jeff Hi nnen kamp, i"1ar k Hi nnen kamp, L.iz Fischer, Al
Stellmach, Steven Hoffmann. Ron Philippi, Mayor Donald "Bud" Reber.
Greg Kacures, Ken Twit, Nelda Lampher, Mary Jo Mohs, Marge Reber,
Dennis Stueve, Mike Deutz, Mark Lambert, Chris Fouquette, ~. Moira
ld i 1 d .
P·3.!J!lest. tOL tii2.ªL.i n,g ::. Impound LQt: Jeff and ¡'lIar k Hi nnenkamp .;;lppea'(ed
before the Commission to discuss possible uses for the property located
behind the City Maintenance Shop, known as the Lyman Hull property.
Jeff stated that they would like to purchase the property for the use
of an impound lot and new/used auto parts. The St. Joseph Code of
Ordinances requires a Special Use Permit for all uses in an Industrial
Zone. The Commission discussed the access to the property. After
discussion, the Commission scheduled a public hearing for July 12, 1993
at 7=30 p.m.
Commissioner Schneider arrived at 7:30 p.m.
ij.l ?_t.i2JJ rr!§::LÇ11 ::., ?f2...~ç:J a 1. Us <3 E?-9Y ITJ.l1.:_ C h air Hub K lei n r e con v e n e d the
public Hearing at 7:30 p.m. The purpose of the hearIng was to consider
a special use permit to allow for the construction of 183 mini storage
units. The property 1S legally described as Lot 003; Block 1 Neu
(:':jddition.
Al Stellmach stated that he is only requesting approval for the first
phase which consists of 40 mini storage un1ts. The parking area will
consist of crushed granite. As requested, Mr. Stellmach presented a
landscaping plan for Commission review.
After reviewing the plans, the Commission determined that all the
setbacks were being adhered to. Kalinowski made a motion to recommend
Council approval of the spec1al use permit as requested, based on the
following findings:
1) $,1--",. J.º~?Ell ç.9 dª-o tOr din a.,D.º-,S'. l~º^"",- 5 2 . 2 L ê..b!.,þ-º. :1
All permitted industrial uses shall require a special use
penni t .
2 ) 9_t"",_ J 0 S-9E.!1 Cod~. 0 t º r cU""mmçg. t~j o"",~ §'z"",,",£1. êJJJ2.ç), :1
Only industrial uses which do not have heavy ordors, smoke or
other obnoxious or distasteful smells or appearances. excess
noise, excess water or sewage requirements, or hazardous
wastes as defined by State and Federal Statutes will be
..June -, 1993
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a 11 owed.
Based on these findings, the Planning Commission recommends that the
r'equest fot- ' , use for~ mini stot"age units in an i n d u s tr' i a 1 zone be
SpeCl3.¡
approved. ApPt~oval sha 11 be on the following conditions: -
1) None.
The motion was seconded by Nierengarten.
Ayes: K 1 e in, Kalinowski, Brixius, Schneider, Hiemenz,
Nierengarten, Lesnick, Hiemenz.
Nayes: t~one . 110 t ion Car r i e d 8:0:0
The heat~ i ng was closed at 7:40 p.m.
S Ü t e t' of st. Benedict - Special Use: Chair Klein cal led the h e a t~ i n g to
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ot~der at 7:45 p.m. The put~pose of the heat' i ng W,3.'3 to cons i det' a
t~equest fOI~ a special use pet~mit. The special use permit would a 11 ow
up to five members of the Order of st. Benedict to I'eside at the
pt~Opei~t y desct~ i bed below. (""- Joseph Code of o t~ din a n c e 52. 16 subd 3(g)
",t..
a 110ws fot~ such special use per'mits for institutions of a t'eligious
eleemosynary or ph i 1 antht~op i c nature. The p I~ 0 pet' t y 1 S located in a
residential, R-l zone. The pt'operty 1 s located at 105 - 2nd þ,venue SE
and 1 s legally described as Lot 1 , Block 4; E 132' of Lots 1 0 2 , Block
u
4; LOso's 4th Addition. The t'equest for special use has been submitted
by the Sisters of st. Benedict.
<=: Mo i n1, Wi 1 d spoke on behalf of the Sistet's of the Order of st.
'-' .
Benedict. She stated that they ar'8 ln the process of purchasing the
home. The residence will accommodate fout, or five rnembers of the
order' .
Mayor R eb et' stated that as an affected property he has no objections to
the f'equest. He has also had an Oppot~tun i ty to discuss t his ma t t e t~
with the City Attorney v/ho has recomrnended that the city grant the
t' e que st.
Nelda Lampher; 28 - 2nd "',ve SE questioned what would happen to the
house when the Convent of st. Benedict no 1 ongel~ needed the house.
Would they (Convent) , be a 11 owed to r'ent to five students Ot' sell the
house for student r'enta 1.
Commissioner ßt~ixius stated no. If the Commission approves the
r'equests J a provision wi 11 be made so that the special use would
becorne nu 11 and void if members of the Ot~det~ of <'''- Benedict cease to
......) L.
t'eside a.t this pt'opet'ty.
Nelda a 1 so questioned that tax status of the house. She feels that t.he
City has nothing to give away and cannot a f f on! to continually have
houses t~emoved ft~om the tax ro 11 s. ~r h e '/ at'e recelvlng all the benefits
that homeonwers do, only they don I t. have to pay the tax.
Commissionet' Kalinowski stated that the College and Convent of <:::"-
...... L..
Benedict have contributed financially in othet~ ways. In the past
they have P Ed d fot~ 5 O~Ó 0 f the Vi a s t e VI ate r operations, contributions
have been given to the F i t~ e Department to update f i t~ e equipment, as
Page ,..,
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June 7 , 1993
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we 11 as participating in other~ City costs. Therefore they have been
paying taxes.
- Mayor Reber stated that recently the College/Convent of st. Benedict
has allowed the City to use their water tower while construction is
in progress for the new City Tower. He also confirmed that st.
Benedicts does contribute to the City of st. Joseph.
Ken Twit, 213 Able street East, stated that the neighbors have no
objections to the Sisters of st. Benedict using the house, but they
currently have a large number of rental properties in the neighborhood.
If in the future this house would be sold, they would not like to see
the house turned into student renta 1 . Mr. Twit stated that they, the
t~ es i dents, w; 1 1 be living their for 20 years and are looking for some
assurance to protect their neighborhood.
Commissioner Brixius read the letter from the City Attor'ney and
stated that a provision will be included in the Special Use
approval to provide assurances.
Dennis Stueve, 11 1 Able Street East, questioned S. Moira as to what
precipitated the need for the Sistet~s to purchase another home in st.
Joseph. It is his understanding that the convent population is
decreasing, and questioned the need f Ot~ housing off campus.
S. Moira stated that the Sisters of st. Benedict are located in
three regions. Thel~e is a need to house the Sisters within these
three regions, st. Joseph being one of the regions. Wh i 1 e it is
true that the number of women entering the convent is decl ining,
more of the Sisters are coming back to these three regions and need
housing.
She also stated that the focus in the Convent is changing. More
emphasis is directed toward continuing education and much of their
space 1 s utilized for workshops and retreats.
Finally, pt~oviding Sisters the opportunity to live in smaller
groups is more in tune with the Rule of Benedict.
After a lengthy discussion, Brixius made a motion to recommend
Counc i 1 approval of the Special Use Permit to allow up to five (5)
members of the Benedictine Order to reside at the 105 - 2nd Ave SE,
based on the following findings:
1 ) st. Joseph Code of Ol~d i nance 52.16 subd lW
Special Uses sha 11 be a 11 owed to institutions of a religious
eleemosynary o¡~ philanthropic nature.
2) A religious community i s vet~y ak i n to a f am i 1 y , and the ref 0 I~ e
the proposed use is basically the same as a single f am i 1 y use.
Based on these findings, the Planning Commission I~ecommends that
the Special Use Perm"it be approved as t~equested . The appr'ova 1 sha 11 be
contingent on the following conditions:
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·June 7 J 1993
1 ) The Special P G r'rn -j t Vi ill str'ictìy 1 im it the to -
Use use
nonrental occupancy by melììber~s of the Ordel~ oJ:' ,...L Benedict.
,::> L .
Any use by nonmembel~ s \j¡ any use that involves a payment or
t'ent will be pt~ohibited. -
2) The Special Use Penn it will become nu 11 and void if the
property changes ownership.
The rnotion was seconded by ~! i erengat~ten.
þ,yes: Klein, Brl)<lus, Schneider, Hiemenz, Nierengarten, HiemGtìz,
Lesnick.
Nayes: None. Abstain: Kalinowski ~'1ot i on Carr i ed 7: 0: 1
The heat' i ng was closed at 8:00 p . íìì .
C r' a i ÇJ Fouquette ::.. Flea ~1arket Request: Cr'a i 9 Fouquette appeared befcJre
the Planning Commission to discuss the . I ., ..!-- of oper'at 01 ng E1. flea
pOSS10111,-y
rnar'ket in an industrial ÇU~ ea. f'1 t' . Fouquette owns pt'operty along CSAH
75, County Road 134. It ' ' intention to operate a f 1 earn a t-' k e t
neal' 1 S nlS
eve I~ y other weekend. All of the exhibitot's would be outside, u3;ng set
up tables. st. Joseph Code of Ol'd i nances states that all uses in an
Industrial area sha 11 be by special use.
The Commission discussed the possible pal~k i ng pr'ob 1 ems and ''/: .~ flea
1 I Ll
market could be a 11 owed in an industrial at"' 8a . They also discussed how
tCl detenni ne the number' of parking t~equ ired. After' d' ,
spaces lSCUSS10n,
'J.. was detet'mi ned to t'eCelve legal opinion from the City .lHtot'ney
1 \,
bGfot~e pr'oceed i ng with the heal~ i ng. If the City þ,ttorney feels that Q
h e a I' i n g 1 S necessary, it will be scheduled for~ 8:00 p .m" July 1 2 ,
1993.
ì'1 a 1'1-, Lambert ::.. PURD Pre 1 imi nar~Y Hear'inq: C h a i I' !< 1 e i n ca 11 ed the
hear~ i ng to ot'der at 8:25 p.m. The purpose of the hearing is to
cons i del' 0, special use per'nlìt. The Special use permit would all 0 V/ the
, L ' of G. 15 unit o.partment complex thru the PURD process. ('L
con S \:.1' U C l.. 1 0 n o L.
Joseph Code of Ot~d i nances 52. 18 subd 4(c) states II r1 u 1 t i F am i 1 y
Dwellings over 1 2 dwell ing units sha 11 be r'equ ired to utilize the
P.U.R.D. pr'ocess excluding the PURD t'equ i I'ement for-' act"'eage. "
The property 1 s legally described as follows:
The southerly 30.00 feet of Lot 1 , all of lot 2 and the
n 0 i~ the r' 1 y 20.00 feet of Lot 3, Audi tOI~ I subdivision Number' 9 the
s 1 n
City of c+ Joseph, Stear'ns County, r1 i nnesota. Þ,l so that p 8.1' t of Lot 4
v..... .
" said 1'\ u d i to I' I 00- Subdivision ¡'J unìb e r- 9 described follows:
OT --' as
Beginning ~.¡.. the a i t'on monument at the southeast corner- or Lot 3 of
Ç\ \...-
f; aid Auditor' I s Subdivision Numb e r- o. thence South 88 degt-ees 02 minutes
-:.1 ,
47 seconds East} assumed beat'ì rig, on the easter' 1 y extension of the
South 1 i ne of said Lot 3 a distance of 44.79 feet to the intei'section
with 8. 1 i ne 15.00 feet \'Iesteì~ 1 y of, mea s W" e d at a r'ight angle , and
'Co
p3xa11el with the most westerly 1 i tl8 of Lot ~ Block One, No¡~,th P at-k
! ,
jl,ddition, a plat of t'ecord; thence North 14 d e 9 t~ e e s 08 minutes 07
seconds East on said para 11 c 1 1 i no 246.95 feet to the southv/este¡---l y
Pa.ge ,
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June 7 , 1993
~ right of way 1 i ne of the Burlington Northern Railroad Company; thence
northwesterly 46.28 feet on said right of way line and on a non-
tangential curve concave to the northeast having a radius of 2778.52
feet and a central angle of 00 degrees, 57 minutes 15 seconds, to the
northeast corner of Lot 1 of said Auditor , s Subdivision Number 9, the
chord of said curve bears NOI~th 58 degrees 28 minutes 33 seconds West;
thence South 14 degrees 03 minutes 19 seconds West not tangent to said
curve and on the easterly lines of Lots 1 , 2 and 3 of said Auditor's
Subdivision Number 9 a distant of 270.24 feet to the point of
beginning. Containing 36,636 square feet, more or less.
The request for Special Use has been submitted by Mark Lambert,
910 Amet~ican National Bank Building, st. P au 1 , MN 55101-1808.
Mark Lambet~t spoke on his behalf. He has recently purchased the Lyle
Grieger property, 404 1st Ave NE. His intention is to construct an
apartment building with 15 units to house 60 students. The final
decision on the type of apartment building has not yet been made. The
unit will be simi lar to the Campus Villa apartments.
Commissioner Lesnick questioned whether or not a sidewalk would be
pt~ov i ded for the residents. Mr. Lambert stated that their would, as he
wants to pt'OV i de a safe place fot~ the residents.
Mt-· . Lambert stated that all the apartments would have a private
entl~ance into the building.
Mike Deutz questioned the number of parking spaces provided. Mr.
Lambert stated that his plans include 3.25 parking sta 11 s per unit. He
is also checking into the mechanics of a parking permit system. with
the number of students residing in the buildings, pat~king will have to
be controlled. A pei~mit system would only allow a specified number of
vehicles to be parked by the units. If a student wished to have a
vehicle slhe must purchase a permit. In the case that all the permits
have been purchased, the occupant would not be allowed to park a car by
the un its. Mr. Lambert a 1 so stated that he has a contract with a
local bus company to transport the students to the College four times a
day. Hopefully this will eliminate some of the need for individuals to
have cars.
t1ike Deutz felt that the Commission should look at the current
Ordinance and possibly increase the required parking. The majority of
renters in st. Joseph own cars, and parking could become a problem.
f>1ayor Rebet~ questioned Mr. Lambert on the installation of a fence. At
the public hearing fot~ the Campus Villa Apartments, Mr. Lambert stated
that he would fence the property to try and curb the overflow of
students into ['esidential lawns. Mr. Lambert stated that since the
hearing in 1989, the neighborhood has changed significantly. More of
the houses have been sold for renta 1 . His current plans do ca 11 fot~
fencing, but not to the extent that was originally planed in 1989. The
fence wi 11 be constructed down both sides of Cedat~ street and on one
- side will go back to the railroad tracks.
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_June { .' 1993
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1,18.,' 1 in Eich questioned what the speed I im t Vi i 11 be and if . , Vi ill be
1 L.
pc)sted ~ IvÎ ¡~ . Lambe¡~t ¡~esponded that h e VI i 1 post the speed I im it at 10
mph G.nd possibly add speed bumps. Th e 'day the p a r-' kin 9 lot ï S designed,
, , ï S questionable i f C3.f--S can ev(~n dri\ie safely at 10 mph.
1 'C
Nierengarten made .1. ' to accept the pr's 1 iminat'y plans
a mOl-iOn Q.':>
pi'esented, and recommends appt'ova 1 by the City Council. Pre 1 irni nai'y
appr'oYa I accepts t,V-IO possible types of apartments. A I tet~nate ,\
,~,
includes three levels with five apartment units on each f 1 ()Cd' .
.A_l terna.te D , c' a tower' unit with Pr' ivate entrances for""' each apartment,
w J-O>
Each unit would contain th¡~ee levels. The motion was seconded by
Ka.l i nowsk i .
þ,yes: K 1 e in, Ka 1 inowsk i, Br""'ixius, Schneider, H 1 ernenz,
N i e I' en gar ten , Lesnick, Hiemenz.
Nayes: None. ì10t ion CaiT i ed 8:0:0
Äppi'ova 1 of Minutes: Kalinowski made .1. ' to appi'ove the minutes o.¡:
a mo l, ï 0 n
the ["lay ':\ 1993 Planning Commission and the !Vlay - ~ 1993 Joint City
~ , I ~,
Council 8.nd Planning Commission meeting as p r' e s en t e d . The rnot ion Vi3.S
seconded bv N i erengar'ten.
. I
Ayes: K 1 e in, Ka 1 i nowsk i , Brixius, Schne i der~ , HlenlenzJ
N i erengal'ten, Lesnick, Hiernenz.
Nayes: None. ì10t ion Can' i ed 8:0:0
AçJ.iourn: Ko.1 inowski made a motion to ad j 0 Ui' n at 9: 10; seconded by
N i ei'engar'ten.
Ayes: K 1 e in, r~a 1 i noV/sk i , B-t--ix~ius, Schneidei' , Hi en,enz,
N i er'engarten, lesnick, Hiemenz.
Nayes: ~Jone . Ì"Îot i on Can' i ed 8:0:0
Respectfully ~subrnitted,
C;Wdf ¡Jy;¿~
J u d y We y r' ens
Secr'etary of the Boa I' d
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