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HomeMy WebLinkAbout1993 [09] Sep 13September 13, 1993 Pursuant to due call and notice the St. Joseph met in regular session on p.m. in the St. Joseph City Hall. Planning Commission for the City of Monday, September 13, 1993 at 7:"s0 Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Linda Sniezek, Marge Lesnick, Dan Nierengarten, Andy Brixius. Kurt Schnieder. Council Liaison Ken Hiemenz. Secretary Judy Weyrens. Others Present: Stephanie Hazen, Ron Klein, Daryl Counter, Claude Menzhuber, Mary Kaye Nordmann, Kevin Nordmann, Mike Deutz. Public Hearing = Daryl Counter: Chair Klein called the hearing to order at 7:30 p.m. The purpose of the hearing is to consider a request for variance. An existing 24' x 24' (576 square feet) accessory building is located on the property. The property owner is requesting to locate an additional accessory building of up to 24' by 40' (960 square feet). He is requesting a 636 variance on the maximum area allowed for accessory buildings, and a 491 variance is being sought on the maximum lot coverage allowed. Daryl Counter spoke on his own behalf. Mr. Counter stated that he is requesting a variance to construct an additional garage so that he can store his personal belongs inside. He also stated that he has experienced some vandalism and feels that he needs to find an alternative means of storing his belongings. Commissioner Kalinowski questioned Mr. Counter as to why he feels he should be granted a variance, and what circumstances make his situation unique to other residents. Mr. Counter responded that he feels his lot is larger than most residents, and he needs the space because of vandalism problems. Commissioner Brixius stated that most residents near Mr. Counter have the same size lot, and did not feel that the lot size was unusual or unique in nature. Ron Klein. stated that he lives near Mr. Counter and does not disapprove of his plans. St. Joseph Code of Ordinances No. 52.16 subd 4(e)[i] & [ii] states that accessory buildings cannot exceed 900 square feet. In addition, property owners can erect an additional storage shed not to exceed 120 square feet. The Commission discussed the effect of the neighborhood by allowing Mr. Counter to add an additional garage and a storage shed. All Commissioners agreed that aesthetically, it would make a better decision to allow Mr. Counter to construct a larger garage, attaching the allowed storage shed square footage to his proposed garage. The Commission determined that under this interpretation of the Ordinance, Mr. Counter could construct a garage not to exceed 22' x 20'. Brixius made a motion recommending Council approval of a variance of St. Joseph Code of Ordinances No. 52.16 subd 4(e)[i] & [ii], allowing September 13, 1993 - the property owner to combine the footage as follows: a. maximum square footage of 900 square feet for an accessory building PLUS b. the square footage for an accessory building, of 120 square feet. The property owner can build an additional storage shed not to exceed 22' x 20' (440) square feet. Additionally, no additional storage sheds can be constructed on this property without further consideration of the Planning Commission. The motion was seconded by Kalinowski. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Schneider, Brixius, Nierengarten, Hiemenz. Nayes: None Motion Carried 9:0:0 The hearing was closed at 8:00 p.m. Claude Menzhuber .::. Sign Request: Claude Menzhuber, owner of the El Paso, appeared before the Commission to discuss the procedure for erecting a new business sign. The existing sign will be removed. The proposed sign has a surface size of 12' x 12' on each side, wi th two sides. St. Joseph Code of Ordinances regulate business signs to a maximum of 50' . The Commission determined that Mr. Menzhuber needs to make application for a variance of two hundred and thirty eight (238) square feet. Therefore the Commission scheduled a public hearing for October 4, 1993 at 7:30 p.m. to consider the request. Mary Kaye Nordmann.::. Rental Request: Ms. Nordmann appeared before the Commission as requested, to discuss the living quarters above her business, Grand Slam. The City has received a complaint that Ms. Nordmann has converted the upstairs into a rental unit. This special use permi t was issued August 3, 1992. The Planning Commission, as supported by the City Council, issued a special use permi t to allow Mary Kaye Nordmann to reside upstairs. The special use further stated that when Ms. Nordmann ceased to reside In the upper level, the special use became null and void. Ms. Nordmann stated that she has moved and their are two individuals residing upstairs temporarily. She also stated that she is not receiving compensation for them living upstairs. The Commission informed Ms. Nordmann that she is in violation of the City Ordinance, and it would be advisable for her to vacate the property. Additionally, Ms. Nordmann needs to make application for a special use permi t to allow the upper level to operate as a rental unit. The Commission scheduled the hearing for October 4, 1993 at 8:00 p.m. The Commission requested the City Office check with legal counsel to discuss the possible penalty for said violation of the st. Joseph Code of Ordinances. September 13, 1993 Mike Deutz - Advertising Sign: Due to an error In the interpretation of - the St. Joseph Code of Ordinances, Mr. Deutz needs to make application for a special use permit to allow the placement of an advertising sIgn on the property he owns on the corner of \1i nnesota Street West and First Avenue Northwest. The Conm1Í s s ion scheduled the hearing for October 4, 1993 at 7:00 p.m. Parking on Front Lawns: Corrunissioner Sniezek requested the Commission consider amending the rental ordinance to include language that would prohibit the parking of cars on front yards. The Ci ty Offices will contact the League of Minnesota C it i es for the purpose of gathering information as to how other Cities deal with this issue. Mike Deutz - Housing Concern: ~"ike Deutz discussed with the Planning - Commission the rental problems on Cedar Street East. Mr. Deutz stated that he owns a rental house In front of the newly constructed apartment complex, and is having trouble with students jumping the fence and walking through his property. He stated that other property owners In the same area have expressed similar concerns to this regard. The Conmli s s i on discussed the fencing requirements for the apartments and questioned whether addi tional fencing had been required. Since Mr. Lambert encouraged the Conm1Í s s ion to contact him if any problems arose, Commissioner Brixius felt that Mr. Lambert should be contacted and invited to the next meeting to discuss the fencing requirement. Approval QÍ Minutes - August 1 ~ August 23: Kalinowski made a motion to - approve the minutes as presented for the August 2 and August 23, 1993 Planning Commission meeting. The motion was seconded by Nierengarten. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Schneider, Brixius, Nierengarten, Hiemenz. Nayes: None Motion Carried 9:0:0 The meeting was adjourned at 9: 15 p.m. Respectfully submitted, 9::Zr~~ Secretary of the Board