HomeMy WebLinkAbout1995 [05] May 01
Pursuant to due call and notice thereof, the Planning Commission I
for the City of st. Joseph met in regular session on Monday, May 1,
1995 at 7:30 p.m. in the st. Joseph City Hall.
Members Present: Chair Hub Klein. Commissioners Kurt Schneider,
Marge Lesnick, Linda Sniezek, Dan Nierengarten, Andy Brixius.
Council Liaison Cory Ehlert. Secretary Judy Weyrens.
Others Present: Bradley Lindgren, Joyce Lindgren, Orville Peterson,
Shannan Peterson, Ross Rieke, Rachel Stapleton, John Rassier, Joe
Rennie, Jerry Rennie, Tom Borresch.
Public Hearinq - Bradlev Lindqren: Chair Klein called the hearing
to order at 7:30 p.m. The purpose of the hearing is to consider a
request for a four (4) foot variance on the side yard setback and
a four (4) foot variance on the rear yard setback in a Singl e
Family, R-l zone.
St. Joseph Code of Ordinances 52.13 subd (13), states, "Where
accessory buildings are to be located more than ten (10) feet from
a rear wall of the principal building they shall not be located
closer than five (5) feet from an adjoining side or rear lot line."
The property is legally described as Lot-008 Block-003 Clinton I
Village; 140 - 6th Avenue NW.
Brad Lindgren spoke on his own behalf. He stated that his wife had
recently purchased a prebuilt shed to be used for outdoor storage.
When looking at his property, logistically it makes sense to place
the shed in the corner of his property one foot from the line. If
the shed were placed outside the setback area it would have the
appearance of being in the middle of the yard.
Lindgren stated that he has checked with his neighbor and they do
not have any objection. In fact, his neighbor would like to place
a utility shed within the setback area as well.
Commissioner Sniezek discussed the fire code requirements of
allowing six (6) feet between buildings. Lindgren stated that the
building will not be occupied, and through proper procedures, a
variance can be sought.
Ross Rieke stated that since no one was present to object, the
variance could be granted with the lack of objection being one of
the findings.
Commissioners discussed whether or not the granting of this request
would be establishing precedence. Rieke stated that most residents I
are not willing to pay the established fees for a variance and if
they are then the request should be considered.
Brixius made a motion to recommend Council approval as requested
for a four (4) foot variance on the side yard setback and a four
(4) foot variance on the rear yard setback in a Single Family, R-l
-
zone. Approval 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.
Specific findings:
a. The shed is moveable
b. The shed would displace an existing tree if the placement
would meet the Ordinances.
c. The neighbors were present and did not object to the
placement.
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.
The motion was seconded by Ehlert.
Ayes: Klein, Schneider, Sniezek, Lesnick, Nierengarten,
Brixius, Ehlert.
Nayes: None. Motion Carried 7:0:0
The hearing was closed at 8:10 p.m.
Public Hearing - John Rassier: Chair Klein opened the hearing at
8:10 p.m. The purpose of the hearing is to consider a two hundred
and eighty-four (284) foot variance in the size limitation of
accessory buildings in a Single Family, R-l, zone.
st. Joseph Code of Ordinances No. 52.16 subd 4(e)[i] states, "One
or two accessory buildings covering a combined area not greater
than 900 square feet are permitted."
Also requested is a one hundred thirty nine (139) foot variance in
the maximum allowable lot coverage by accessory buildings.
st. Joseph Code of Ordinances No. 52.16 subd 4(e)[iii] states, "The
combined area of the lot covered by the accessory buildings
authorized in subparagraphs i) and ii) above shall not exceed 8
percent of the total lot size.
The property is legally described as Lot 004, Block 001, Townsite
of st. Joseph. The request for variance has been submitted by John
Rassier, 310 Minnesota Street West.
John Rassier spoke on his own behalf. Mr. Rassier stated that his
intention is to construct a covered patio of the side of the
existing garage. The area would not be used for storing material
-
or to be enclosed at a later time. Currently the area is used as
an uncovered patio.
Commissioners discussed whether or not a roof constitutes an
accessory building. After reviewing the st. Joseph Code of
Ordinances, it was determined that a lean-to is considered an
accessory building and needs to be included in the calculation of
permitted space.
Therefore, Sniezek made a motion to recommend the Council approve
the variance request of two hundred and eighty-four (284) foot
variance in the size limitation of accessory buildings in a Single
Family, R-l, zone and the one hundred thirty nine (39) foot
variance in the maximum allowable lot coverage by accessory
buildings, as presented. Recommendation 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.
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.
Approval is recommended based on the following contingencies:
The area being request for a covered patio cannot be enclosed.
The motion was seconded by Lesnick.
Ayes: Klein, Schneider, Sniezek, Lesnick, Nierengarten,
Brixius, Ehlert.
Nayes: None. Motion Carried 7:0:0
The hearing was closed at 8:20 p.m.
Jerry Rennie: Jerry and Joe Rennie appeared before the Planning
Commission to discuss land use issues on property adjacent to the
Industrial Park. Jerry Rennie stated that he has approached st.
Joseph Township to construct a single family home for his son, Joe,
on his property across from the current Industrial Park. The
Township requires 10 acres of land per dwelling.
Therefore, Rennie questioned whether the City would allow a single
family dwell ing to be constructed in this area, and what the
minimum land requirement would be.
The Planning Commission was supportive of the request and
questioned the total amount of property, if he is planning to
subdivide it, and if he would be requesting water and sewer.
Rennie responded that the property being discussed is
approximately 15 acres and his future plans include platting the
property. At this time he is not requesting to connect to City
services.
Rieke indicated that the property owners proceed with the
procedures established for annexation, with a clear understanding
that the City cannot provide water and sewer services at this time.
The Commission concurred with Rieke and was supportive of his
efforts.
street Addressinq: Commissioners discussed street addressing as
requested by the City Council. Ben Poepping discussed why he felt
the street numbers assigned to certain properties on East Minnesota
street were in error and how he would proceed to assign numbers.
After a lengthy discussion, Commissioners requested that the
affected property owners along with the City Engineer, appear at
the June meeting to express their concerns.
Approval of Minutes: Lesnick made a motion to approve the minutes
as presented; seconded by Brixius.
Ayes: Klein, Sniezek, Lesnick, Nierengarten, Brixius.
Nayes: None Abstain: Ehlert, Schneider Motion Carried 5:0:2
Alley Vacation: Sniezek questioned the status of the request to
vacate alleys by the College/Convent of st. Benedict and st. Joseph
Parish. After discussion, Sniezek made a motion re-affirming the
Planning Commission recommendation of September 6, 1994, denying
the request. Additionally, the fences that have been installed
should be removed. The motion was seconded by Lesnick.
Ayes: Klein, Schneider, Sniezek, Lesnick, Nierengarten,
Brixius, Ehlert.
Nayes: None. Motion Carried 7:0:0
Adiourn: The meeting was adjourned by consensus at 9:40 p.m.
Judy Weyrens
Secretary of the Commission