HomeMy WebLinkAbout1993 [10] Oct 04
October 4, 1993
-
Pursuant to due call and notice thereof, the Planning Commission for
the City of St. Joseph met in regular session on Monday, October 4,
1993 at 7:00 p.m.
-
Members Present: Chair Hub Klein. Commissioners S. Kathleen
Kalinowski, Marge Lesnick, Dan Nierengarten, Andy Brixius, Kurt
Schneider. Council Liaison Bob Loso. Secretary Judy Weyrens.
Others Present: Mayor Donald "Bud" Reber, Bruce Ostendorf, Dennis
Stueve, Alois Pfannenstein, Virginia Pfannenstein, Mike Deutz, Tom
Moore, Ken Jacobson, Mike Westerhoff, Mark Lambert, Rachel Stapleton,
Mary Kaye Nordmann, Kevin Nordmann.
Special Use Request .::. Mike Deutz: Chair Klein called the hearing to
order at 7:00 p.m. The purpose of the hearing was to consider a
special use permit to allow an advertising sign on a property currently
zoned General Business. Zoning Ordinance No. 52.13 Subd 10(a) of the
St. Joseph Code of Ordinances defines advertising sign as " sign
as a
which directs attention to a business, profession, commodity, service
or entertainment which is sold or offered on a premises other than that
on which the sign is located. " Furthermore, "Advertising signs or
billboards may be constructed and maintained, pursuant to a Special Use
Permit, only on property zoned for use as General Business, (B) ,
Industrial ( I ) , and/or Agricultural (A) . No advertising signs or
billboards shall be constructed or maintained on property subject to
other zoning classification than that specifically allowed herein. "
any
The property is located at 33 Minnesota Street West and legally
described as follows: Lot-007 Block-009 Townsite of
St. Joseph; Lot-008 Less E2' of E6' of Lot-007 Block-009.
Mike Deutz spoke on his own behalf. Mr. Deutz stated that the
advertising sign has already been installed on the side of the building
at 33 Minnesota Street West. St. Joseph code of Ordinances requires
that a special use permi t be issued for all advertising signs and
billboards. The sign has a total surface area of 96 square.
Additionally, Mr. Deutz is in the process of lighting the sign, but
wi 11 place a shield over the light to prevent interference with
traffic.
There being no one present in objection of the request, Brixius made a
motion to recommend Council approval of the advertising sign as
requested. The motion was seconded by Kalinowski.
Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Brixius,
Schneider, Loso.
Nayes: None. Motion Carried 7:0:0
The hearing was closed at 7: 10 p.m.
Lot Split - Bruce Ostendorf: Bruce Ostendorf, 524 1st Avenue NE,
-
appeared before the Council to request a simple lot split. Mr.
Ostendorf has recently purchased a piece of property adjacent to his
residence, 520 - 1st Ave NE, and is requesting to split 15.5 feet off
October 4, 1993
-
his residence to add to this property. Additionally, the outlot that
1 s located South of the recently purchased property would be combined
into the legal description of the lot. Both parcels would exceed the
-
minimum lot square footage. The properties would have the following
legal descriptions.
Parcel A: That part of lot twelve ( 1 2 ) , Auditor's Subdivision No. 4 In
the Village of St. Joseph, Stearns County, f\'innesota, described as
follows, to-wit: the Southerly Five ( 5 ) rods of the Northerly Ten ( 1 0 )
rods of the Southerly Sixteen ( 16) rods of the l,I:iesterly Sixteen (16 )
rods of the Northeast Quarter of the Northwest Quarter (NE 1/4 of NW
1/4 ) of Section Ten ( 10) Township One Hundred Twenty-four (124), Range
Twenty Nine (29) West, less and except the northerly 15.50 feet
thereof. ALSO TOGETHER with Outlot A, Northland Addition, according
to the plat and survey thereof on f i 1 e and of record in the office of
the County Recorder in and for Stearns County, Minnesota.
Parcel ~ That part of Lot numbered Twelve ( 12) of Auditor ,
s
Subdivision Number Four ( 4) , East of Highway in Village of St. Joseph,
according to the plat and survey thereof now on f i 1 e and of record In
the office of the Registrar of Deeds in and for the County of Stearns,
State of Minnesota. described as follows, to-wit: The Northerly Five
( 5 ) rods of the Southerly Sixteen (16) rods of the Westerly Sixteen
( 1 6 ) rods of the Northeast Quarter of the Northwest Quarter (NE1l4 NW
1/4. ) of section numbered ten ( 10 ) in Township numbered One Hundred
Twenty-four (124) North, of Range Numbered Twenty Nine ( 29) West, all
in Stearns County, Minnesota. Together with the west 264.00 feet of
the Northeast Quarter of the Northwest Quarter, Section 10, Township
124, Range 29, City of St. Joseph, Stearns County, Minnesota, bounded
the north by the north line of Lot 12 of Auditor , Subdivision
on s
Number 4, according to the recorded plat thereof; and bounded on the
South by a line 264.00 feet north of, measured at a right angle to and
parallel with the south 1 i ne of said Northeast Quarter of the Northwest
Quarter. Together with the north 15.50 feet of that part of Lot Twelve
( 1 2) , Auditor , Subdivision No. 4 in the Village of St. Joseph, Stearns
s
County, ,'vEnnesota, described as follows, to-wit: The Southerly Five
( 5 ) rods of the Northerly Ten ( 1 0 ) rods OÍ the Southerly sixteen ( 16)
rods of the Westerly Sixteen ( 1 6 ) rods of the Northeast Quarter of the
Northwest Quarter (NE 1 / 4 "J\V 1 / 4 ) of Section Ten ( 1 0 ) Township One
Hundred Twenty four (124), Range Twenty nIne ( 2 9 ) West.
Loso made a motion to recommend Council approval of the lot split as
requested; seconded by Brixius.
Ayes: Klein, Kalinowski, Lesnick, \ierengarten, Brixius,
Schneider, Loso.
Nayes: None. \'otion Carried 7:0:0
Minutes -=- September 13. 1993 -=- Kalinowski made a motion to approve the
minutes of the September 13, 1993 Planning Corrunission meetings as
presented; seconded by Lesnick.
Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Brixius,
Schneider, Loso.
Nayes: None. Motion Carried 7:0:0
October 4, 1993
-
Beautification Project: Commissioner Kalinowski commented on the street
project and the committee that organized the efforts. Kalinowski made
a motion to send a letter of commendation to Greg Reinhart, lead agent
- for the project, commending him and his committee for their commi tment
and dedication to the City of St. Joseph. The beautification project
is a symbol of the Community spirit in St. Joseph. The motion was
seconded by Lesnick.
Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Brixius,
Schneider, Loso.
Nayes: None. Motion Carried 7:0:0
NEW BUSINESS
Lyman Hull Property: Commissioners questioned the status of the clean
up at the Lyman Hull property. Secretary Weyrens stated that the
property owners have sent a letter of intent to the City. The
Conm1Í s s i on was in general agreement that the letter of intent should
include a deadline as to when the cleanup will be complete.
Parties: The Commission briefly discussed the party problems in St.
Joseph and the need to control them.
Variance Request - Claude Menzhuber: Chair Klein called the hearing to
-
order at 7:30 p.m. The purpose of the hearing is to consider a request
for a two hundred thirty-eight (238) foot variance on the size of a
business sign in a General Business zone, in conjunction with an
existing business. Zoning Ordinance No. 52 of the St. Joseph Code of
Ordinances allows a maximum of fifty (50) square feet on one side.
The property is located at 200 - 2nd Ave NW and legally described as
follows: Lot-009; All of Lots 9 & 10 Lying S of Hwy 52; Bet IA and San
Fran Sts, Less E250' & Less Sts; Auditor , Subdivision No. 4 .
s
The request for variance has been submitted by Claude Menzhuber, 10158
Norwood Road, St. Joseph, MN 5637q.
As Mr. Menzhuber appeared before the Planning Commission at their
September 13, 1993 meeting to discuss his plans, he did not appear at
this time.
Commission members discussed that Mr. Menzhubers existing sign is in
dire need of repair and his request to construct two 12 ' x 12' signs is
not excessive. The sign will be shaped in a v, with a four ( 4 ) foot
gap between the signs. The surface face of each sign would be 14q
square feet. Commissioners agreed that prohibiting Mr. Menzhuber to
place a sign would certainly cause a hardship to him.
Douglas Weiszhaar, Stearns County Engineer made the following comments:
Stearns County requests that this sign not be allowed to encroach upon
highway or street right of way, nor to block visibility of traffic as
it approaches county roadways.
There being no one present wishing to speak, Nierengarten made a motion
October 4, 1993
-
to recommend the Council approve the two hundred thirty eight ( 238)
foot variance as requested based on the following findings:
1 ) ~ Joseph Code of Ordinance No. 52.7 subd .f....L.Ql
That the literal interpretation of the provisions of this
Ordinance would deprive the petitioner of rights commonly
enjoyed by other properties in the same district under the
terms of this Ordinance.
2 ) ~ Joseph Code 2Í Ordinance No. 52.7 subd ~
That granting the variance requested will not confer on the
applicant any special privilege that 1 s denied by this
Ordinance to other lands in the same district.
3) St. Joseph Code of Ordinance No. 52.7 subd 2(e).
That the condition or situation of a specific pIece 01
property, or the intended use of said property, for which the
variance was sought, is not of so general or recurrent a
nature as to make reasonably practicable the formulation of a
general regulation for such conditions or a situation.
The motion was seconded by Kal inowski.
Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Brixius,
Schneider, Loso.
Nayes: None. \'otion Carried 7:0:0
\H k e Westerhoff - American Legion: \'ÌÍ k e Westerhoff, Comrnander of the
-
.LlJne I' i can Legion, appeared before the Commission to discuss the
placement of an overhang. The Legion is requesting authorization to
make application for a building permit for an overhang, and a
authorization to allow an overhang over a public sidewalk. St. Joseph
code of Ordinance allows business signs to encroach the public sidewalk
a maximum of 24 inches. The Conmli s s ion instructed Mr. Westerhoff to
determine what the encroachment on the right of way will be and i f the
overhang will encroach more than 24 inches, he should make application
for a variance hearing. Loso made a motion authorizing Mr. Westerhoff,
on behalf of the Legion, to make application for a building permit only
i f the right of IVay conditions can be satisfied. The motion was
seconded by Lesnick.
Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Brixius,
Schneider, Loso.
Nayes: None. Motion Carried 7:0:0
Special Use Request =- rl/iarv Kav Nordmann: Chair Klein called the
hearing to order at 8:00 p.m. The purpose of the hearing is to
consider a request for a special use permi t to allow residential living
quarters above a business in the general business zone.
The property IS located at 1 3 College Avenue North, and legally
October '+ , 1993
-
described as the South 61 ' of East 27.15 ' of Lot 12, Block 9 ; Townsite
of St. Joseph.
The request for a special use permi t has been submitted by Mary
Kaye Nordmann, Route 2 ; Box 94, Royalton, MN 56373.
Mary Kaye Nordmann spoke on her own behalf. Ms. Nordmann stated that
she is requesting authorization to convert the upstairs of her business
into a rental unit. On August 3, 1992, the Fire Chief and Building
Inspector performed a safety inspection and she has met most of the
requirements.
St. Joseph Mutual Insurance submitted the following written comments:
.. I t is the general concensus of the office employees and Board of
Directors of the St. Joseph Mutual Insurance Company NOT to have this
location turned into a Rental Unit. There are several reasons as to
why we would like to see this request denied: there is not any parking
available; we have heard extremely loud music several times; there is
excess garbage in back of our building because they have no weekly
pickup; there have been vehicles parked on our property and we want
that discontinued immediately. We feel that there would be several
conflicts if resulting in favor of rental unit. ..
a
The Commission question Ms. Nordmann as to the parking for the rental
unit. Ms. Nordmann stated that she has a verbal agreement with Mr.
Mark Loso, of Loso , Mainstreet Pub, allowing her renters to park
owner s
behind his establishment.
Commissioner Schneider didn't feet that was a workable solution, unless
the parking spots were designated and marked. Liaison Loso requested
Ms. Nordmann to obtain a legal document from Mr. Loso stating this
agreement with a time period attached.
Ms. Nordmann questioned how far away the parking locations could be
from the rental unit. She also has an agreement with a resident on 2nd
Avenue SE to allow her renters to park in her driveway. Commissioner
Kalinowski questioned whether or not the renters would walk that
distance to park their vehicles.
Liaison Loso questioned Ms. Nordmann as to the volume of traffic
upstairs and the number of parties reported. Ms. Nordmann didn't feel
that a problem existed, but would pay attention to the renters.
Loso made a motion recommending Council approval of the Special Use
Permi t with the following conditions:
1 ) Ms. Nordmann contact the Building Inspector to verify
compliance with the building corrections with the exception of
making the front entrance handicap accessible.
2) A written legal document is provided to the City verifying
the designated, marked parking stalls to be used by the
renters.
3) Ms. Nordmann appear before the Commission at the November
1 , 1993 meeting verifying completion of the first two items.
October 4, 1993
The motion was seconded by ,,; i ere n g a I' ten .
Ayes: Klein, Kalinowski, Lesnick, '\ierengarten, Brixius,
Schneider, Loso.
Nayes: None. \iotion Carried 7:0:0
The hearing was closed at 8: 15 p.m.
!\iark Lambert - Fencing Requirements: Mark Lambert appeared before the
-
Commission as requested on September 1 3, 1993 to discuss the fencing
around his apartment complex. The Planning Conm1Í s s ion had received
some concern as to the students jumping the fence and walking on
surrounding property. This property 1 s located at 1 31 and 133 Cedar
Street East.
Mr. Lambert discussed the evolution of his project, his plans and the
recent fencing request. He felt that he has satisfied his agreement
and will fence the remaining portion of his property when phase I I 1 S
complete the summer of 1994.
\ir. Deutz, property owner west of the complex discussed the volume of
students jumping the fence and cutting across his property. He
questioned the Conm1Í s s ion as to why they relieved Mr. Lambert of his
fencing request. 1vir . Deutz felt that if ~:i r . Lambert were required to
completely fence his property, the problem would be minimal.
After a lengthy discussion, the Commission felt that this Issue needed
to be resolved between the property owners, not the Planning
Commission.
Kalinowski made a motion to adjourn at 8:50 p.m. ; seconded by
Nierengarten.
Ayes: Klein, Kalinowski, Lesnick, :\ierengarten, Brixius,
Schneider, Loso.
Nayes: None. .\iotion Carried 7:0:0
,
~dy Þ¿w~
u d \" \í: e \' I' e iì S
Secretary of the Board