HomeMy WebLinkAbout1994 [06] Jun 061994
June !off 1994
Pursuant to due call and notice thereof, the Planning Commission for the City
of St. Joseph met in regular session on Monday, June ~, 994 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, Andy Brixius, Kurt
Schneider. Council Liaison Ken Hiemenz. Secretary Judy Weyrens.
Others Present: Mayor Donald "Bud" Reber, Paul Pilarski, Steve Dehler, Bob
Borresch, Craig Fouquette.
Paul Pilarski -Public Hearinx: Chair Klein called the hearing to order at 7:30
p.m. The purpose of the hearing is to consider two requests for variances to
allow for the construction of an accessory building.
The first request is to consider an eight foot variance on the side yard set
back, in an R-1, single family zone. Zoning Ordinance 52.16 subd 6(a) requires
side yard setbacks to be thirty (30) feet from all public right-of-ways, unless
30 percent or more of the frontage on the same side of the street between two
intersecting streets is improved with buildings that have observed a greater
or less depth of front yard in which instance no new building or portion
thereof shall project beyond a straight line drawn between the point closest to
the street line of the residence upon either side of proposed structure.
The second request is to consider a request for a one hundred (100) foot
variance on the size of an accessory building in an R-1, single family zone.
Zoning Ordinance 52.16 subd 4(e) allows a maximum area of 900 square feet for
a garage or accessory building.
The property is located at 300 Minnesota Street East and legally described as
follows: Section 10, Twp 124, Range 29. .65A of NE4SE4.
The request for variance has been submitted by Paul Pilarski, 300 Minnesota
Street East, St. Joseph, MN 56374.
Paul Pilarski spoke on his own behalf. Mr. Pilarski stated that his proposal
includes the demolition of the existing single car garage and the construction
of a triple stall garage, 1000 square feet. The garage would include a
workshop where he could do welding. The new garage would be further away
from the street than the existing garage.
Commissioners stated that the recent remodeling of his house has improved the
property and felt that the request for variance of the side yard setback was
appropriate.
When asked why he didn't set the proposed garage even with the set back of
the house, Mr. Pilarski stated that air flow to the house would be obstructed.
The house is only eleven (1 1) feet from the proposed garage.
Chair Klein opened the floor for questions from those present. Steve Dehler
questioned if the Planning Commission had set precedence by granting
variances on the maximum area in prior years. Commissioners stated that they
have granted variances if they applied to the requirements as laid out in the
St. Joseph Code of Ordinances.
Commissioners Brixius and Schneider discussed with the Commission the
maximum area allowed and if the parcel in question is large enough to support
a larger garage. St. Joseph Code of Ordinances limits the total lot coverage
for accessory buildings to to eight (8) percent of the total lot area. With that
·
in mind, Mr. Pilarski only has enough property to support a 900 square foot
garage.
Brixius made a motion recommending Council approval of the eight (8) foot
variance as req uested. Recommended approval is based on the following
fin din g s:
1) St. Joseph Code of Ordinances 52.7 subd 2(a) - That there are
exceptional or extraordinary circumstances or conditions applying to the
property in question as to the intended use of the property that do not apply
generally to other properties in the same zoning district.
a) The proposed new construction would improve the eyJsting
conditions.
b) Req uesting the petitioner to abide by the setback
requirements would impair an adeq uate supply of light and
air to the main structure of the property
Additionally, the request for variance on the mayJmum allowed area for an
accessory garage is being requested to be denied. Denial is based on the lack
of findings that would allow such a variance. The property is not large
enough to support the additional 100 sq uare feet.
The motion was seconded by Sniezek.
Ayes: Klein, Kalinowski, Lesnick, Sniezek, Brixius, Schneider,
Nierengarten, Hiemenz.
Nayes: None. Motion Carried 8:0:0.
The hearing was closed at 8:05 p.m.
Bob Borresch - Flea Market. Building Expansion: Bob Borresch appeared
before the Commission to discuss the possible building expansion for his
property located on CR 75 and Ridgewood Road. Mr. Borresch stated that the
proposal includes the construction of a storage building 40' x 50', 16' in
height. In addition, Mr. Borresch is seeking approval for the operation of a
flea market. Commissioners informed Mr. Borresch that his proposals req uire a
special use permit because he is seeking a building permit in an Industrial
Area, and req uesting an expansion of his eyJsting business. At the time of
application for a special use permit, the plans must be drawn and submitted to
the City Offices no later than one week prior to the hearing. Hiemenz
requested Mr. Borresch to verify the railroad right-of-way before the hearing.
The public hearing will be scheduled for July 5, 1994.
Craig Fouq uette: Mr. Fouq uette appeared before the Commission to discuss
the advertising sign by his business located near CR 75 and Ridgewood Road.
The sign is a car that has been painted yellow. Mr. Fouq uette explained to
the Commission that since the re-designing of County Road 134, it has been
hard to direct traffic to his business. Therefore, a creative sign is needed to
draw attention to the building. Commission members empathized with Mr.
Fouquette, but stated that the sign did not fit the regulations as outlined in
the St. Joseph Code of Ordinances. Mr. Fouquette stated that he would
remove the sign immediately. Commissioner Kalinowski questioned Mr.
Fouquette as to the operation of an antique store at his business location, and
if a special use permit would be req uired since it is an expansion of the
business. After discussing the matter, Mr. Fouquette stated that the antique
operation is not a large portion of the business and most likelv will not be
continued. '
Approval of Minutes: Kalinowski made a motion to approve the minutes of the
May 2, 1994 Planning Commission as presented; seconded by Nierengarten.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Brixius, Schneider,
Nierengarten, Hiemenz.
Nayes: None. Motion Carried 8:0:0.
Enabling Ordinance: After reviewing the revised Enabling Ordinance,
Kalinowski made a motion recommending Council approval of the Enabling
Ordinance as revised by the City Attorney. The motion was seconded by
Sniezek.
Ayes: Klein, Kalinowski, Sniezek, Lesnick, Brixius, Schneider,
Nierengarten, Hiemenz.
Nayes: None. Motion Carried 8:0:0.
Nudity Ordinance: After reviewing the revised Nudity Ordinance, the
Commission req uested a public hearing be scheduled July 5, 1994 at 7:00 p.m.
As stated by the City Attorney, any changes to the Zoning Ordinance req uire
a public hearing.
Linnemann Inn Parking Lot: Steve Dehler questioned the Commission as to the
approval of the parking lot plan submitted to the Commission. Commission
members stated that the plan was not approved due to deficiencies in the
plan. Klein stated that the surface material is not dust free. Dehler
responded that the material is a class II rock, and is the same material the
City uses for parking lots. Additionally, Mr. Dehler felt that he couldn't put
any treated material on the surface without facing possible problems with soil
contamination. Commissioner Kalinowski questioned the designated parking
stalls and how that would be accomplished. Mr. Dehler stated that his plans
did not include any marking. He felt that if he placed markers with signs in
the parking lot he would be creating a liability issue for himself. After a
lengthy discussion Klein requested that Mr. Dehler be placed on the agenda
for the July 5, 1994 meeting if he wishes to have this matter resolved.
Additionally, it is the impression of the Commissioners that Mr. Dehler is not
making an effort to comply with the Building and Zoning Ordinance.
City Advertising Sign: Hiemenz informed the Commission that the Council is in
the process of constructing a sign for the City Wastewater Plant, Maintenance
Department, Boy Scout Building, and Shannon's Upholstery. After reviewing
the Ordinances it was determined that the sign is classified an advertising
sign, which is only permitted by special use. The Commission scheduled a
hearing for July 5, 1994.
Ad iourn: Nierengarten made a motion to adjourn at 9:45 p.m.; seconded by
S niezek.
Ayes: Klein. Kalinowski. Sniezek. Lesnick. Brixius. Schneider.
Niere'ngarten, Hiémenz.' . . .
Nayes: None. Motion Carried 8:0:0.
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