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HomeMy WebLinkAbout1995 [06] Jun 05 June 5, 1995 I Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, June 2, 1995 at 7:30 p.m. in the st. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners Kurt Schneider, Marge Lesnick, Dan Nierengarten. Council Liaison Cory Ehlert. Secretary of the Commission Judy Weyrens. Others Present: Mayor Donald "Bud" Reber, Tim Borresch, Paul Kollman, Ben Poepping, Melvin Ruegemer, Aurelia Ruegemer, William Nelson, Bob Brophy. Public Hearing - Tim Borresch: Chair Klein called the hearing to order at 7:40 p.m. The purpose of the hearing is to consider a three hundred forty-eight (348) 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 two hundred three (203) foot variance in the I 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 sha 11 not exceed 8 percent of the total lot size. The property is legally described as Lot 012, Block 006, Townsite of st. Joseph. The request for variance has been submitted by Tim and Sue Borresch, 11 - 3rd Avenue Northwest, st. Joseph, MN 56374. Tim Borresch spoke on his own behalf. Borresch stated the property he is requesting a variance for is currently a rental unit and has an existing garage on the property. He stated that he would like additional storage space to clean up the property, allow for the storage of a classic car, and provide additional parking for the rental units. The proposed garage would be attached to the existing garage, adding the same amount of floor area. Klein stated that the Commission needs to be reminded that this a large request and cautioned them in setting precedence. The I Planning Commission has already turned down one request for a similar size garage. Borresch stated that the property across the road has an accessory building which is larger than he is requesting. This is 1 - June 5, 1995 the same property where the variance was denied. Commissioner requested Weyrens check this matter with the Building Official and report back to the Commission. Commissioner discussed the property requesting variance is located one block from the General Business Zone. If the property were in the Business Zone the additional storage space would be allowed. Additionally, the property has functioned as a business for many years. First as a home improvement operation and currently as a rental unit. There being no one present to wishing to speak, Schneider made a motion to recommend the City Council approve the variance request as presented 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 property is a rental unit which functions as a business b. The property is located one block from the General Business District and has functioned as a business for many years c. The property is located near an alley and the additional garage space would not appear out of line. d. The neighbors were not present, nor were written comments received stating objection. 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 Ehlert. Ayes: Klein, Schneider, Lesnick, Nierengarten, Ehlert Nayes: None. Motion Carried 5:0:0 2 June 5, 1995 The hearing was closed at 8:00 p.m. street Addressinq: Liaison Ehlert stated that the Council has requested the Planning Commission to review the street numbering process used in the assignment of house numbers larger than 1400 on East Minnesota street. Ben Poepping presented the City Council with an alternate system of house numbering. Ben Poepping introduced himself to those present and discussed his method of street numbering. Poepping stated he was initially involved with the street numbering committee and woul d like the opportunity to express his thoughts on street numbering. He feels that the street numbers are adequate until they reach 1400 on East Minnesota street. Since there currently is not a 14th and 15th Avenue the street numbers on East Minnesota street should continue with 1300 numbers until 15th Avenue. Paul Kollman, and Ruegemers expressed concern over changing addresses a third time. While they can understand why Poepping feels the addresses should be changed, they would like a resolution on this matter. The Planning Commission received a letter from Drts Styles and Cotton. They stated that they have spent over $6,000 on stationary and letterhead and are requesting that their address remain as it has been assigned. The Planning Commission also received a letter from the City Engineer stating he could not attend the meeting. Schneider was concerned that the Planning Commission was "checking" the City Engineer t s work. He is a professional whom the Planning COffin1ission relies on for information. After considerable discussion, the Planning Commission requested Poepping to submit a proposal illustrating how he would address the properties on East Minnesota street. This matter will be placed on the next Planning Commission agenda. st. Joe Subway Foods: Bob Brophy and Bill Nelson, Subway Foods, appeared before the Commission to discuss the site plan for the future st. Joe Subway. Brophy stated that the site plan indicates an access to the property from County Rd 75. Commissioners read a letter from the City Engineer, where he stated that the County would not all ow additional ingress/egress from 75. Brophy and Nelson stated that they would not need that access at this time, but will be addressing the issue again when they develop the second site. Brophy also discussed the sign and setbacks for the restaurant. Since it appeared that they would need to go through a variance procedure, the Commission instructed the partners to present all their plans to the City Offices where they would check the Ordinances for needed variances. This matter will be placed on 3 - June 5, 1995 the next Planning Commission agenda. Minutes - May 1, 1995: Schneider made a motion to approve the minutes as corrected; seconded by Lesnick. Ayes: Klein, Schneider, Lesnick, Nierengarten, Ehlert Nayes: None. Motion Carried 5:0:0 Variance Fee: Ehlert discussed the recent Council discussions on the possible revision of variance fees. He stated that the fees appear to be adequate and he doesn't feel they wi II be changed. Schneider suggested the Council consider allowing accessory buildings to encroach the setbacks only if they are moveable. Commissioners concurred with Schneider, and further clarified that an accessory building can be placed in the setback are if a written agreement is received by the adjoining property owners. Schneider made a motion to recommend the City Council amend the Ordinance with regard to the placement of accessory buildings. The amendment should include the following: Accessory Buildings can be placed in the setback area with the following provisions: 1) The building must be moveable. 2) A written agreement must be signed by the adjoining property owners allowing the encroachment. The motion was seconded by Ehlert. Ayes: Klein, Schneider, Lesnick, Nierengarten, Ehlert Nayes: None. Motion Carried 5:0:0 Parking lot surfaces: Additional information has been received from the City Attorney. The Planning Commission tabled this matter to the June 26, 1995 meeting. Adiourn: Nierengarten made a motion to adjourn at 10:00 p.m. ; seconded by Schneider. Ayes: Klein, Schneider, Lesnick, Nierengarten, Ehlert Nayes: None. Motion Carried 5:0:0 :ìæud 1!~'.~ dy eyrens cretary of the Commission