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HomeMy WebLinkAbout1994 [04] Apr 18 April 18, 1994 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in special session on Monday, April 18, 1994 at 7:30 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners Linda Sniezek, Marge Lesnick, S. Kathleen Kalinowski, Dan Nierengarten. Council Liaison Bob Loso. City Attorney John Scherer. Secretary Judy Weyrens. Others Present: Mayor Donald "Bud" Reber, Steve Niedenfuer, Mary Niedenfuer, Jeff Blease, Bernadette Motzko, Michele Lindell, Oda Larson, Stanley Larson, Michael Murphy, Coral Hienen, Jesse Kellen, Nick Kellen, John Welsh, Mary Krafnick, Elizabeth Doyle, Winnie Montagne, Judy Pierskalla, Howard Pierskalla, Gerald Knapp, Kathy Scheil, Mike Hazen, Cheryl Josephs, Wilt Berger. HRA .=. Special Use Hearin~: Chair Klein reconvened the hearing of April 4, 1994 at 7:30 p.m. The purpose of the hearing is to consider a special use permit. This permit would allow for the operation of an R- 2 use in an area zoned R-3. The special use permi t is being requested to construct six (6 ) two (2) unit duplexes. The property is legally described as follows: Lots 1 , 2, 3, 4, 5, 6 Block 1 Cedar Village I I Lots 1 , 2, 3, 4 Block 2 Cedar Village I I I The request for special use has been submitted by the Stearns County HRA, 619 Mall Germain, Suite 212, St. Cloud, MN 56301 . Cheryl Josephs, Stearns County HRA, spoke on behalf of the project. Ms. Josephs stated that the project has been re-designed with the only access to the project being Outlot A. The proposed layout meets all the setback requirements, therefore a variance is no longer being sought. The proposal includes twelve garages with an additional twelve parking spaces. Ms. Josephs stated that they have received a legal opinion which clarified that Outlot A is owned by the Cedar Village Townhouse Association. Ms. Josephs will be meeting with the President of the Association to negotiate an agreement for access. Chair Klein opened the floor for questions. Mike Hazen: Since Outlot A is a private driveway, how can you plan a development with the only ingress/egress through private property? Ms. Josephs: HRA is not proposing to use Outlot A unless they reach an agreement with the Association. Steve Niedenfuer: If you do not negotiate an agreement and receive access, what will happen to your plans? Mr. Ber~er: If an agreement is not reached, then the plan will be redesigned with an ingress/egress off Tenth Avenue Southeast. Jeff Blease: Mr. Blease stated that he represents the Cloverdale Townhouse and Cedar Village Townhouse Association. Mr. Blease Page 1 April 18, 1994 presented the following information: 1 . St. Joseph Code of Ordinances 52.2 subd 6,7,8 (purpose and intent of Ordinance) 2. Standards for applying for a variance. Mr. Blease felt that HRA needs a variance since they do not have legal access to the development. (Mr. Scherer, City Attorney, stated that this is not a variance issue) . 3. Questioned the setback requirements and if they are being meet. 4. Standards for a special use permit. 5. Discussed location of the proposed development and discussed the surrounding plats and the Outlot. 6. The formation of a corporation to include Covenants, Conditions and Restrictions ( CCR ' s) . The CCR's were adopted to have a voice in how the property would develop. The owners have taken extra ordinary protection for themselves and maintain the values of their property. 7. Planning Commission minutes of 1982, referring to the Cedar Village development. Townhome development was the long range plan. 8. The Comprehensive Plan adopted by the City of St. Joseph. Howard Pierskalla: Presented a petition signed by 53 residents near the proposed development stating: "We the undersigned are opposed to any rental unit apartments on Lots 1,2,3,4,5,6 Block 1 ; Cedar Village I I ; Lots 1,2,3,4 Block 1 ; Cedar Village I I I . We are asking the City to consider rezoning said property to a R-l zoning, Single Family residence. " Klein: Chair Klein accepted the petition. The following comments were expressed by residents present: Mike Murphy: He has good neighbors and they take care of their property. Low income rental units wi 11 de-value the current property. Mary Niedenfuer: The current townhomes are selling very well, so why wouldn't you continue with this type of development? Meadowlark apartments across the street sit vacant most of the time. The neighborhood is not a transitional neighborhood, it is very stable. Ms. Josephs: It is not the mission of the HRA to provide owner based family units. HRA will be the manager of the proposed development and they will not want the buildings to deteriorate, they will keep up the maintenance. Commissioner Sniezek: Questioned the screening and how the HRA would handle residents that were causing a problem. Ms. Josephs: The HRA screens very carefully all the residents and do evict residents who are not acting accordingly. Jessie Kellen: Questioned if they are building such nice buildings, why don't you raise the rent, increasing the income level of potential residents? Ms. Josephs: It is not the mission of the HRA. Page 2 April 18, 1994 Jessie Kellen: Questioned if they had considered placing the rental units along the back of the property with the parking lot along 10th Avenue SE. The proposal, as presented, has the parking lot adjacent to their backyards, causing an unsafe condition for their children. Bud Reber: Questioned whether or not students would be occupying these units and the density of students allowed in the units. Ms. Josephs: These units would be rented to families and one of the members of the family could be a college student. Therefore, she could not say that there would be no students in these units. City Attorney, John Scherer, stated that the Planning Commission would be reviewing the final site plan once the access issue has been determined. Mr. Scherer stated that the Fire Chief also needs to review the plan for fire access, allowing ample space to maneuver equipment. He would recommend that the Planning Commission consider only the plan befon~ them at this hearing; should the plan change, they would need to appear before the Commission. A change of plan would also require a public hearing. The special use request could be approved conditionally; pending approval of an easement and approval of the Fire Chief. The property is R-3, so if the buildings were joined by walls, it would be a permitted use, and a hearing would not be required. Also, is a permitted use in an R-3 area. After all those present who wished to speak had the opportunity, Kalinowski made a motion to close the public hearing. Before the matter will be considered by the Planning Commission, the following items needs to be completed: 1. Approval from the Fire Chief to determine adequate access and space for the equipment. 2. An Easement for access on the property platted as Outlot A. The motion was seconded by Nierengarten. Ayes: Klein, Sniezek, Kalinowski, Lesnick, Nierengarten, Loso. Nayes: None. Motion Carried 6:0:0 Chair Klein clarified for those present that this matter will be placed on the May 2, 1994 Planning Commission for consideration. Consideration will be based on the site plan presented at this meeting. Should the project need to be redesigned or changed significantly, a public hearing will be conducted. The hearing was closed at 8:30 p.m. 9::~!:r~ Secretary of the Commission Page 3