HomeMy WebLinkAbout1994 [11] Nov 07Pursuant to due call and notice thereof, the Planning Commission
for the City of St. Joseph met in regular session on Monday,
November 7, 1994 at 7:30 p.m. in the St. Joseph City Hall.
Members Present: Chair Hub Klein. Commissioners Andy Brixius,
Linda Sniezek, Marge Lesnick, Dan Nierengarten, Kurt Schneider.
Council Liaison Ken Hiemenz. Secretary Judy Weyrens.
Others Present: Diane Schneider, Ben Poepping, Mary Ann Poepping,
Cy Kueffler Jr.
Diane Schneider: Diane Schneider appeared before the Commission to
discuss the parking requirements of Sal's Bar. In 1991 Sal's
applied for a building permit to construct an addition to the
existing Bar. At that time, approval for the building permit was
contingent upon the bituminous paving and striping of a parking lot
on adjacently owned property. The adjacent property was the
backyard of the rental property owned by the Schneiders. The plans
submitted at the time of construction indicated a total of 89
parking stalls.
Schneider stated that they are in the process of listing the bar
for sale. However, she is requesting to be relieved of the parking
requirements imposed at the time of the addition. She stated that
the addition was constructed when the City Ordinances allowed
minors in the bar with arm bands. Since the arm band Ordinance has
been revoked, the room is not used frequently. Also, parking on
the adjacent property is only used on Friday and Saturday nights.
It is her understanding that patrons will continue to frequent
their bar if the parking lot is not provided. The La Playette,
Legion and Loso's Main Street Pub do not have parking lots, and it
does not have a negative impact on their businesses.
Additionally, Schneider stated that it appears that no other
business in the central business district was required to provide
additional parking when constructing an addition to their
establishment. She stated that the Legion and La Playette have
both in the past two months applied for a building permit to
construct an addition for storage. Neither business was required
to add additional parking stalls.
At this time Schneider stated that they do not have any plans for
the adjacent property, but would like to retain the property for
future development. The parking lot will remain inplace and
available for overflow parking. The property on which the bar is
located contains 22 parking stalls for patrons.
Chair Klein discussed correspondence from the_City Attorney. In
that correspondence, Scherer stated that if the Planning Commission
and Council believes that a lesser number of parking stalls is
adequate, they may approve the reduction. He further states that
the property owners can sell the bar area and keep title to the lot
located west thereto without violating the ordinance, but only if
they grant the party buying the bar an irrevocable license or
permanent easement to continue to use the parking lot area of the
lot located to the west of the bar.
Commission members discussed with Schneider that the Ordinance
provides for lesser parking in the central business district. When
Schneider was questioned with regard to a permanent easement she
stated that they would consider that option, but only if it could
be used as a joint parking lot should they develop the front lot.
However, she did not want to be restricted to provide exclusive
parking for the bar when the other establishments in st. Joseph do
not have to do the same.
Cy Kuefler Jr, real tor for Schneider, stated that Mrs. Schneider
has made a request before the Planning Commission to be relieved of
the parking lot requirements of 1991. If the Commission is not
inclined to grant approva 1 , then it is up to Mrs. Schneider to
appear before them again with another proposal. Therefore, he
requested the Commission to make a decision based on the request of
Mrs. Schneider.
Sniezek stated that she is uncomfortable with relieving the
requirements and asked the Commission Members to consider tabling
the matter for further review. Schneider and Brixius stated that
they felt the Commission should make a decision at this time, as
they have received all the information. Sniezek stated that she
had an opportunity to drive by the parking lot in the evening and
the there where no cars in the lot. Her concern is if the use for
the property changes and the backroom is used consistently, where
is the parking? Commission members stated that if the use changes
the property owner would be required to appear before the Planning
Commission and they could review the parking at that time.
After considerable discussion, Lesnick made a motion recommending
the City Council relieve Dale and Diane Schneider of the parking
requirements as imposed in 1991. Further clarifying that it is not
an obligation of the Schneiders to provide parking for the new
property owners of Sal's Bar. The motion was seconded by
Nierengarten.
Ayes: Klein, Brixius, Lesnick, Sniezek, Nierengarten,
Hiemenz, Schneider.
Nayes: None. Motion Carried 7:0:0
Sunset Manufacturinq: Klein stated that he was contacted by Tom
Skahen of Sunset Manufacturing. Since he appeared before the
Commission in October, he has had to modi fy his addition plans.
Due to fire codes, the building will now be attached rather than
free standing. After discussion, Brixius made a motion authorizing
the application for a building permit based on the revised plans.
Seconded by Sniezek.
Ayes: Klein, Brixius, Lesnick, Sniezek, Nierengarten,
Hiemenz, Schneider.
Nayes: None. Motion Carried 7:0:0
Approval of Minutes: Sniezek made a motion to approve the
following Planning Commission minutes as presented: September 6,
September 19, October 3 and October 17, 1994. The motion was
seconded by Nierengarten.
Ayes: Klein, Brixius, Lesnick, Sniezek, Nierengarten,
Hiemenz, Schneider.
Nayes: None. Motion Carried 7:0:0
Open Meetinq Law: Council Liaison Hiemenz presented a video on the
open meeting law which was viewed at this time. The video was an
informational tape on the legalities and purpose of the open
meeting law.
Adiourn: Lesnick made a motion to adjourn at 9:40 p.m.; seconded
by Brixius.
Ayes: Klein, Brixius, Lesnick, Sniezek, Nierengarten,
Hiemenz, Schneider.
Nayes: None. Motion Carried 7:0:0
dy ~L&Y'.;d
udy Weyrens
ecretary of the Commission