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HomeMy WebLinkAbout1995 [04] Apr 03 Pursuant to due call and notice thereof, the Planning Commission I for the City of st. Joseph met in regular session on Monday, April 3, 1995 at 7:30 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Linda Sniezek, Marge Lesnick, Dan Nierengarten, Andy Brixius. Secretary of the Commission Judy Weyrens. Others Present: Mayor Donald "Bud" Reber, Bob Loso, Sylvester Prom, John Rassier, Edward Turley, David Gibbens, Pete Evans, Gene Rath. Sylvester Prom: Sylvester Prom appeared before the Commission requesting authorization to make application for a building permit. Mr. Prom, owner of Bestway Fabricating, discussed with the Commission his increasing business and the need to expand the assembly space. In the past year, Prom stated his business has increased by one third and is in need of additional space. This adition will also require him to increase his current number of 19 employees. The proposed addition will add approximately 100 square feet to the existing warehouse. The property is zoned Industrial. After reviewing the site plan, Kalinowski made a motion authorizing I Mr. Prom, on behalf of Bestway Fabricating, to make application for a building permit. The motion was seconded by Sniezek. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Brixius. Nayes: None. Motion Carried 6:0:0 Public Hearina - Edward Turlev: Chair Klein called the hearing to order at 7:45 p.m. The purpose of the hearing was to consider a two and one half foot variance on the side yard setback. St. Joseph Code of Ordinances 52.16 subd 6(b) states that side yard setbacks shall be 10 feet from the main structure. A variance is being requested to construct an addition to the existing structure. The property is legally described as Lot 18, Block 3; Eastern Park Addition. Request for variance has been submitted by Edward Turley and Carolyn Finley, 106 - 4th Avenue SE, st. Joseph. Mr Turley spoke on his own behalf. He stated that he is requesting a variance so he can construct an addition to his home. The area currently contains a deck which will removed with the proposed addition occupying the same space. The current deck encroaches the setback by two and half feet. Turley stated that he has contacted the adjoining property owners, and they have no objection. I There being no one present wishing to speak, Kalinowski made a motion to recommend the City Council approve the two and one half foot sideyard setback variance request of Mr. Turl ey. The variance is based on the following findings: 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. The exceptional or extraordinary circumstances must not be the result of actions taken by the petitioner. Finding: The proposed addition will not encroach the setback any further than the existing deck. The deck will be replaced with the addition. _st. Joseph Code of Ordinances 52.7 subd 2(b): That the literal interpretation of the provisions of this Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. st. Joseph Code of Ordinances 52.7 subd 2(c): That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands in the same district. st. Joseph Code of Ordinances 52.7 subd 2 ( d) : That the proposed variance will not impair an adequate supply of light and air to adjacent property, or diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety or welfare of the residents of the City. st. Joseph Code of Ordinances 52.7 subd 2(e}: That the condition or situation of a specific piece of property, or the intended use of said property, for which the variance was sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or a situation. The motion was seconded by Sniezek. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Brixius. Nayes: None. Motion Carried 6:0:0 The hearing was closed at 7:50 p.m. John Rassier: John Rassier, 310 West Minnesota street, appeared before the Commission requesting to proceed with a public hearing. Rassier stated that he plans to construct a roof over an existing patio. The roof would be attached to the existing garage and function as a carport. If this space is included in the total area allowed for accessory space, he would need to apply for a variance to proceed. After reviewing the St. Joseph Code of Ordinances, Commission members questioned whether or not this is considered a part of the accessory area. Secretary Weyrens was requested to verify this matter with the City Attorney. If a variance is required, it should be scheduled for the May meeting. Redeeminq Love Lutheran Church: Dave Gibbens, president of Redeeming Lutheran Church, appeared before the Council to discuss a possible site for their congregation. Gibbens stated that RLC is in the process of negotiating the purchase of the property formerly known as Little Louie's, located adjacent to CR 75. Before they can proceed they would like a determination from the City as to whether or not a church is a permitted use in a General Business Area. In addition to purchasing the Little Louie's site, they are looking at purchasing the 18 acres located North of the site. Eventually a new church would be constructed. Gibbens stated that they are a small congregation with approximately 50 members and are currently using space at South Junior High School. Commissioners present concurred that a church would be a good use for the property and felt that it met the intent requirements of the General Business Zoning. Brixius made a motion to request the Council support the Planning Commission in determining that a Church is a permissible use in a General Business district, and fits in the category of personnel services. The motion was seconded by Sniezek. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten¡ Brixius. Nayes: None. Motion Carried 6:0:0 Council Liaison: Lesnick made a motion requesting the Council appoint the former Council Liaison, Ken Hiemenz¡ as the 1995 Council Liaison to the Planning Commission; seconded by Nierengarten. Ayes: Klein¡ Kalinowski¡ Sniezek, Lesnick¡ Nierengarten¡ Brixius. Nayes: None. Motion Carried 6:0:0 Street Addressina: Klein stated that Mr. Poepping could not be present at this meeting to discuss street addressing in st. Joseph. Therefore.. Commissioners tabled the matter to the May 1, 1995 meeting. Weyrens stated that a public hearing for Brad Lindgren, 140 - 6th Avenue NW, had been scheduled for May I, 1995. Lindgren is requesting a five (5) foot variance on the sideyard setback to allow for a storage shed. Minutes: Lesnick made a motion to approve the minutes of the March 6, 1995 Planning Commission meeting as presented; seconded by Kalinowski. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Brixius. Nayes: None. Motion Carried 6:0:0 Adiourn: Lesnick made a motion to adjourn at 8:40 p.m.; seconded by Nierengarten. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Brixius. Nayes: None. Motion Carried 6:0:0 '\ Slqa~ J y Weyrens cretary of the Commission