Loading...
HomeMy WebLinkAbout1994 [09] Sep 06Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Tuesday, September 6, 1994 at the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners Linda Sniezek, Dan Nierengarten, Andy Brixius, Marge Lesnick. Council Liaison Ken Hiemenz. Secretary of the Commission Judy Weyrens. Others Present: Bud Reber, Merle Jerzak, Gary Heltemes, Brian Orcutt, Lynn Orcutt, Tom Skahen, Karen Schneider, Arnie Lauer, Bill Barg, Mike McDonald, Mary McDonald, Al Kalla, Bob Rassier, Gary Braun, Doug Mohn, Kevin Schirmers, Gerry Klaphake, Steve Dehler, Dave Leapoldt. Arnie Lauer - Proposed Road: Arnie Lauer and Bill Barg appeared before the Planning Commission to discuss a proposed road and utility easement. Mr. Lauer stated that he owns the property adjacent to Outlot A in Pond View Ridge Addition, as well as Mr. Barg. The owner of the property, Rick Heid, is willing to sell the outlot to them. However, Mr. Lauer and Mr. Barg are requesting the Planning Commission consider recommending the City Council secure the property for a designated street. If the City does not install a road at this location, Mr. Barg stated that his property would be landlocked and he could not drive to his house without driving over private property. In addition to using Outlot A as a roadway, an easement would need to be secured on Lot 3, Block 1 Pond View Ridge. Hiemenz stated that the Council has received this information and conditionally approved the request. The contingencies included the approval of the property owner and the Planning Commission. Sniezek made a motion to recommend the City Council dedicate the property known as Gutlot A, Pond View Ridge, as a City Street; and to approve the lot split of Lot 3, Block 1, Pondview Ridge to acquire the necessary footage to complete the road to service the property owned by Mr. Barg. The motion was seconded by Nierengarten. Ayes: Klein, Sniezek, Lesnick, Brixius, Nierengarten, Hiemenz. Nayes' None. Motion Carried 6:0:0 Approval of Minutes: Brixius made a motion to approve the minutes of the August 1, 1994 Planning Commission meeting as presented; seconded by Sniezek. Ayes: Klein, Sniezek, Lesnick, Brixius, Nierengarten, Hiemenz. Nayes• None. Motion Carried 6:0:0 Hiemenz made a motion to approve the minutes of the August 15, 1994 Planning Commission meeting as presented; seconded by Sniezek. Ayes: Klein, Sniezek, Lesnick, Brixius, Nierengarten, Hiemenz. Nayes: None. Motion Carried 6:0:0 - - Merl e Jerzak - ColI eqe of st. Benedict: Merl e Jerzak appeared before the Commission to discuss possibl e uses for the Rainbow House, located at 322 West Minnesota street. Mr. Jerzak stated that the College of st. Benedict has recently received the property back and is considering two possible uses. The first use is to remodel the house for student living. If this use were approved, it would house approx. eight (8) students. Commissioners stated that this use could only be accomplished by making application for a variance. After reviewing the Ordinance pertaining to approval of a variance, (52.7 subd 2), the Commission felt that a variance could not be issued. Ordinance 52.7 subd 2(c) states, "granting the variance requested cannot confer on the applicant any special privilege that is denied by this Ordinance to other lands in the same district." Mr. Jerzak stated that this is his preferred use and questioned if another solution was available to accommodate this use. Commissioners informed Mr. Jerzak that since the property is located adjacent to property zoned EE, application could be made for rezoning the property to EE. Mr. Jerzak stated that another use for the property would be housing for single parents attending the College. The house would be renovated and house 2 families, with one common living area. After discussion, Commissioners concurred that this would be an accepted use in the zoning district. After discussion, Mr. Jerzak requested the Commission to conduct a public hearing to rezone the property from the current R-l, single family to EE Educational and Ecclesiastical. The Commission scheduled the hearing for October 3, 1994. Diamond Eneray: Kevin Schmitz of Presitge Builders appeared before the Commission on behalf of Diamond Energy. Mr. Schmitz stated that Diamond Energy is requesting authorization to secure a bui I ding permi t to construct a col d storage uni t . The proposed building will be 40' x 48'. The building will be used exclusively for storage of materials. Mayor Reber stated that he has contacted the City Attorney with regard to the construction. The Attorney felt the Commission could approve the plans as submitted. After further review of the plan submitted, Commissioners noted that the drawing indicated a 10.5' rear yard setback, while the Ordinance requires 20 I. Commissioners requested Mr. Schmi tz to verify the footage, and if the setback could not be meet he should contact the City Offices to discuss alternatives. As the property owners wish to start construction immediately, Brixius made a motion authorizing Diamond Energy to make application for a building permit, contingent upon the setbacks being met. The motion was seconded by Lesnick. · Ayes: Klein, Sniezek, Lesnick, Brixiust Nierengartent - Hiemenz. Nayes: None. Motion Carried 6:0:0 Ken Hiemenz stepped down from his chair at 8:05 p.m. Ken Hiemenz - Variance Request: Chair Klein called the hearing to order at 8:05 p.m. The purpose of the hearing is to consider a request for a one ( 1 ) foot variance on the sideyard setback ln a Single FamilYt R-l zone. The variance is being requested to build an addition to the existing accessory building. st. Joseph Code of Ordinances 52.16 subd (b) states that the side yard set back from a garageíaccessory building shall be five ( 5 ) feet. The property is legally described as follows: The Easterly sixty ( 60) feet of that part of the Northwest quarter of the Southeast quarter (NW 1/4 SE 1/4), of Section numbered Ten (10), in Township Numbered One Hundred Twenty-four (124) Northt of Range numbered (29) West, described as follows, to wit: Beginning at the intersection of the North and South Quarter section line and the South boundary of the State Road; thence running North 85 degrees 16' East a distance of 208.7 feet; thence South 208.66 feet; thence South 85 degrees 16' West a distance of 208.7 feet; thence North 208.66 feet to the point of beginning, in Stearns County, Minnesota. The State road referred to above is now designated as Stearns County road number 134. Ken Hiemenz spoke on his own behalf. Hiemenz stated that he is requesting a one (1 ) foot variance to construct an addition to an existing garage. The current garage is located four feet four inches from the property line. In additiont Mr. Hiemenz stated that he will be removing one small 8 x 8 building and relocating one 8 x 10 storage shed. The total square feet of all three ( 3 ) buildings will be 811 square feet. There being no one present to speak on this mattert Sniezek made a motion to recommend the City Council approve the one (1) foot variance request of Ken Hiemenz to allow for the construction of an addition to an accessory building. Approval is based on the meeting of the criteria as stated in st. Joseph Code of Ordinances 52.7 subd 2 (a-e). The motion was seconded by Nierengarten. Ayes: Klein, Sniezek, Lesnick, Brixiust Nierengartent Hiemenz. Nayes: None. Motion Carried 6:0:0 Klein closed the hearing at 8:15 p.m. at which time Hiemenz resumed his chair. Tom Skahen - Sunset Manufacturing: Tom Skahen, owner of Sunset Manufacturing, appeared before the Commission to discuss a letter which he received from the City concerning his parking lot. Mr. Skahen stated that he received a letter stating that the parking lot under construction does not meet the requirements of the City Ordinances. st. Joseph Code of Ordinances requires that the - material be dust free. Mr. Skahen stated that the parking lot is needed due to the increased number of cars parking on the street. Since the nearby apartments have been occupied, employees and customers have a difficult time finding a parking space. Mr. Skahen stated that the new parking lot is only temporary until expansion plans for his building are complete. It would be very costly for him to install a dust free surface on a temporary lot. Since the parking lot is only temporary, Klein made a motion to allow the parking lot surface as install ed for a period of one year. If the expansion has not yet occurred and the parking lot is still in use after one year, Mr. skaen will need to reappear to the PI anning Commission requesting an extension. The motion was seconded by Hiemenz. Ayes: Klein, Sniezek, Lesnick, Brixius, Nierengarten, Hiemenz. Nayes: None. Motion Carried 6:0:0 Commission members questioned if the Ordinances should include language on acceptable standards for temporary parking lots. After discussion, Hiemenz made a motion recommending the City Council refer this matter to the City Attorney for possible inclusion in the Code of Ordinances. The motion was seconded by Sniezek. Ayes: Klein, Sniezek, Lesnick, Brixius, Nierengarten, Hiemenz. Nayes: None. Motion Carried 6:0:0 Preliminary Plat - Rick Heid: Chair Klein called the hearing to order at 8: 30 p. m. The purpose of the hearing is to consider t.he preliminary plat of Pond View Ridge. The proposed plat is located adjacent to East Baker Street and 13th Avenue SE. Rick Heid, owner of the property, spoke on his own behalf. Mr. Heid stated that he is requesting approval of the preliminary plat for Pond View Ridge, relief from the requirement annually renewing the plat and approval of the final plat for Pond View Ridge Two. Weyrens stated that the st. Joseph Code of Ordinances pertaining to preliminary plat states that if a final plat is not presented one year from the acceptance date of the preliminary plat, an extension must be requested of the Planning Commission and City Council. Therefore, since over two years have lapsed and Mr. Heid is requesting approval of Pond View Ridge Two, the Planning Commission needs to reconsider the preliminary plat. Mr. Heid stated that the preliminary plat presented at this meeting is identical to the plat approved in 1991. Recently he has sold the lot on the corner of 15th Avenue SE and East Baker Street. Since this lot is not recorded as part of the final plat for Pond View Ridge One, Mr. Heid is requesting authorization to plat this one parcel and legally describe it as Lot One (1) Block One (1) Pond View Ridge Two. The lot is already serviced with water and sewer as this was completed during the underground utility process for Pond View Ridge One. Chair Klein opened the hearing to questions from the floor. Those present questioned whether they would be charged additionally when Mr. Heid installed utility services to the Northern lots and whether future assessments are likely. Mayor Reber stated that the City must show a benefit to the property owner before an assessment can be placed on the property. In response to future assessments, Reber stated that he cannot say if there will be any future assessments, but at this time there are no pending assessments. After clarifying the Ordinance pertaining to the approval of the Preliminary Plat, Sniezek made a motion requesting the Council reaffirm the approval of the Preliminary Plat of Pond View Ridge. The motion was seconded by Lesnick. Ayes: Klein, Sniezek, Lesnickt Brixiust Nierengarten, Hiemenz. Nayes: None. Motion Carried 6:0:0. On the request to grant approval of the preliminary plat for an extended period of timet Sniezek made a motion reaffirming the need to revi ew the pre 1 iminary pI at each year t thereby denying the request for mul tipl e year approval. The motion was seconded by Lesnick. Ayes: Kleint Sniezek, Lesnick, Brixius, Nierengarten, Hiemenz. Nayes: None. Motion Carried 6:0:0 Final Plat - Pond View Ridge Two: After reviewing the final plat of Pond View Ridge Two, Brixius made a motion recommending Council approval of the plat as presented with the contingency that the street indicated at 14th Ave SE be changed to 15th Ave SE. The motion was seconded by Nierengarten. Ayes: Klein, Sniezek, Lesnickt Brixius, Nierengarten, Hiemenz. Nayes: None. Motion Carried 6:0:0 Colleqe of st. Benedict - Student Center: Dave Leapoldt, architect for the College of st. Benedict appeared before the Commission requesting approval to secure a building permit for the proposed student Center. Mr. Leapoldt stated that the building would be constructed in two phases, wi th the first phase beginning in November, 1994. The second phase is schedul ed at this time to begin sometime in February 1995. The Student Center wi 11 be connected to the existing Claire Lynch Hall and Gymnasium. After reviewing the plans and verifying the setbacks are in compliance, Hiemenz made a motion authorizing the College of st. Benedict to make application for a building permit for the Student Center. Authorization is contingent upon the approval of the Building Inspector and Fire Chief. The motion was seconded by Brixius. Ayes: Klein, Sniezek, Lesnick, Brixius, Nierengarten, Hiemenz. Nayes: None. Motion Carried 6:0:0. Alley Vacation - Convent of st. Benedict: Council Liaison Hiemenz reported that the Council considered the request of st. Benedict's to close certain alleys, they are as follows: 1. The alley between Lots 3 and 4, Block 3 South of the South Right of Way line of Minnesota street; 2 . The alley between Lots 3 and 4, Block 4 South of the South Right of Way line of Minnesota Street; 3. All that part of the alley lying Southeasterly of Blocks 3 and 4, Easterly of the Southerly extension of the West line of the East half of Lot 2, Block 3 and Westerly of the West Right of Way line of College Avenue South, excluding that portion of said alley lying Southeasterly of Lots 4, 5, and 6, Block 3, previously vacated by resolution of this Council dated April 1, 1924. Commission Members were concerned that vacating the alley adjacent to lots 1,2,3 Block 4, the alley between lots 3 and 4, Block 3, and the alley adjacent to lot 3, were not in the best interest of the Public. If approval is recommended with contingencies, then it might be a better solution to leave the alleys as dedicated Right of Ways. Additionally, Linda Sniezek stated she appeared before the Council requesting the all ey not be vacated as the alley is currently used by the residents for refuse removal and ingress - egress. Based on this information and a lengthy discussion, Lesnick made a motion recommending the Council deny the vacation of the following alley's located in the Original Townsite: 1. The alley adjacent to Lots 1, 2, 3, all of Block 4; 2 . The alley adjacent to Lots 3, 4 both of Block 3; 3. The alley adjacent to Lot 3, Block 3. The motion was seconded by Nierengarten. Ayes: Klein, Sniezek, Lesnick, Brixius, Nierengarten, Hiemenz. Nayes: None. Motion Carried 6:0:0 Chair Klein adjourned the meeting at 10:05 p.m. dy µ)~ Judy Weyrens Secretary of the Commission