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Home My WebLink About1993 [12] Dec 13 December 13, 1993 Pursuant to due call and notice thereort the Planning Commission ror the City of st. Joseph met in special session on Monday, December 13, 1993 at 7:30 p.m. in the st. Joseph City Hall. I"îembers Present: Chair Hub Klein. Commissioners Marge Lesnick, Andy Brixiust Kurt Schneidert Dan Nierengarten. Counc i 1 Liaison Stephanie Hazen. Secretary of the Board Judy Weyrens. others Present: Mark Lambertt Liz Fischert Lymann Hullt Frank Imholtet Shannan Hinnenkamp, Donald "Bud" Reber, Mark Lambert ~ Preliminary Plat: Chair Klein called the hearing to order at 7:30 p.m. The purpose of the hearing was to consider a pre 1 imi nary plat ror North Park Second Addition. The proposed plat or property is located at 404 First Avenue Northeast, st. Joseph, containing approximately 43t018 square reet. The property is legally described as fo 11 ows: The Southerly Thirty (30) reet or Lot One (1) .' all or lot Two (2) " and the Northerly twenty (20) reet of Lot Three (3) , all being in Auditor's Subdivision Number Nine (9L in the Village or st. Joseph. Also that part of Lot Four (4) or said Auditor's Subdivision Number (9) described as f 011 ows , to wit: Commencing at a point 60 reet East of the Southeast corner or Lot 3 or said Auditor's subdivision No. 9 and running thence west to the Southeast corner or said Lot 3; thence running NEly along the Westerly 1 i ne or said lot 4 to the Northwesterly corner or said Lot 4 ; thence Southeasterly along the North 1 i ne or said Lot 4 a distance or 60 reet; and thence Southwesterly in a straight 1 . to the place or beginning, ,lne, according to the U.S. Government Survey thereor. Chair Klein stated that he would be abstaining from all discussion on this matter. 1'1ark Lambert spoke on his own behalf. 1"1r. Lambert stated that he purchased the property located at 404 - 1st Avenue NE with the intention or constructing a 15 unit apartment complex. Ear 1 ier this year he appeared berore the Commission with an application to develop the property as a PURD, which was unanimously approved. The prope¡~ty platting was necessary to clean up the legal descriptions due to errors. Commissioners questioned the location or the building and the amount or parking that will be provided. Mr. Lambert stated that since this 1S plat hearing, he did not bring the site plan along, but briefly discussed the unit. Brixius made a motion to recommend Council approval of the preliminary plat with the following conditions: 1. Approval of the City Engineer 2. Approval or the City Attorney 3, Submission or title opinion 4. Submission or the required mylar or the plat December 13, 1993 The motion was seconded by Nierengarten. Ayes: Schtìe i det~, Brlxius, Lesnick, N i erengal~ten, Hazen, Nayes: None. Abstain: Klein t10t i on Carr~ i ed 5: 0 : 1 The hearing was closed at 7:45 p.m. t1r~ . Lambert stated that he would 1 i ke to briefly discuss the density of the proposed apartment como lex , Originally when !"lr. Lambert oresented the pre 1 imi nar~y PURD developmentt it was stated that the apar~tment unit would of. . 1 ¡; .¡.. , with four bedrooms. Since that t i n¡e , 1\.,..... con",aln 1-_' apar"men-cs J II . Lambert is considering the options or lofting an additional bedroom în each unit, making 5 bedr~ooms oer unlt. By doing t-h";~ the density v-liìl ....11 J _, lncrease rrom 60 to 74. The Commission que s t ion e d i'1 Î . ' ! f to the fire codes and ..: ~ L.amoert, as I j provisions have been made to accommodate them. t1r. Lambert stated that his ar'ch i teet . c: awa,'e of t.he ¡-. equ i r~ ement s and has 1 ' , VI i th the I~ a,reaay met building i nspector~ to lnsure compliance. IV'!....... Lambert also stated that the property he owns at 111 College Avenue ] JI . , I I North is being demolished. He stated that he 1 s looking ror a business use, but if he cannot find one, he would 1 i ke to construct a rental unit on the propert~l . Shannan . s Upho 1 stet~Y - Special Use Î'eauest: Chair Klein t~econvened the - hearing of December ,... 1993 at 8:00 p.m. The purpose or the hearing \) .. was to consider a request for a special use permit. IhìS permlt would allow for the operation or an upholstery business. Zoning Ordinance No. 52.21 subd 4 states, "A 1 1 industrial uses sha 11 requit~e a soecial use permit. II The property is the former Lymann Hu 11 pr~oper~ty . The Planning Commission at their December~ 6, 1993 meeting recessed the hearing unt i 1 the following inrormation could be presented: 1 A Phase One Environmental assessment , . 2. Written septic appr'ova 1 from the County Frank Imholte spoke on behalf ç MY' Hinnenkamo. ~1y. Jrnholte stated OJ ¡ II . III . that Mr. Hinnenkamp's plans include locating a mobile home on the propet~ty and uSlng . ~ for' both an office and 1 iv i ng quar'ters. '''' Mr~ . Imholte stated that he viewed the property and the six oil barr~e ì s ar~e S +- ~ 1 1 located f1 t""\ the property, a 1 0 n 9 VI i t h old meta 1 , an old of- \......! . r I( ...... J i i ~, ....., \..1.......;'- box.. wood.. tires.. and 8- camper. All of this material VI i 1 ì eventually be removed. Jeff Haas o-F the DNR has 9 r' ant e d tv1 ì..... . Hinnenkamp pennission to burn some - of the material.. and that should begin soon. The wood that ì s remaining, about 100 cord, will be sold. Glenn Diedrich t'epresent i ng Avon State Bank 1 s doing much of the cleanup. However. when the pt'operty se 11 s the new property owner wi 1 1 become responsible for the cleanup. ì~1r . Jmholte presented a letter to the Commission with regard to the December 13, 1993 requested items. Request ror Phase I: Neither the seller or buyer is willing to pay for the study~ which is estimated between $ 1 ~ 800 to $ 2,500. Septic System: No certification can be performed without the system in use. Should the previously installed system be put to use it may be tested by the stearns County Health Department. Final Cleanup: Both Buyer and seller wi 11 stipulate in writing that a I 1 debris~ tires~ oil and scrap iron will be removed by May 1 , 1994, and all wood will be pi led in an orderly fashion and scrap wood burned. Shavings will be spread over acreage or removed. The Commission discussed the Phase One and felt that was a very important requirement. Commissioner ' . I stated that the property ....esnlCK adjacent was an old dump., and questioned the integrity or the soil, Mr. imholte stated that the bank considers the request a financial burden~ and reels that the Commission is speculating as to the contamination. Mayor Reber stated that he has a problem with making an assumption about a property. It is more important ror the Planning Commission to determine the appropriateness or the special use request and attach some restrictions. Follow-up is very important to issuing any special use or variance. Ir the conditions are not fulfilled, the city can then take legal action. Commissioner Schneider objected to the presentation of the letter with regards to this issue, He re 1t that the letter should have been presented to the Commission in advance. Klein made a motion to recommend Council approval or the special use request of Shannan's Upholstery with the following conditions: 1 . A II wood~ meta 1 ~ oil ~ tires and debris will be removed from the site on or before 1'1ay 1 , 1994. The Fire Chief will inspect the property for compliance on May 1 ~ 1994. 2. A mobile home will be allowed on the site for the purpose of an ofrice and living quarters for Mr. Hinnenkamp only. This conditions restricts the number or occupants at anyone time to one person~ Mr. Hinnenkamp. 3, The Council wi 1 1 review and determine the appropriateness of requiring a Phase One environmental assessment. Additionally, this special use permit becomes nu 11 and void should anyone of the stipulations be unfulfilled. The motion was seconded Brixius. Ayes: Kleint Brixius~ Schneider~ Hazen. Nayes: Lesnick, Nierengarten Motion Carried 4:2:0 The meeting was adjourned by consensus at 8,40 p.m. ~ ~%rens Secretary of the Board