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Home My WebLink About1996 [10] Oct 07 Pursuant to due call and notice thereof, the Planning Commission for the City of st. Joseph met in regular session on Monday, I October 7, 1996 at 7:00 p.m. in the st. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners Marge Lesnick, Linda Sniezek, Dan Nierengarten, Andy Brixius. Council Liaison Cory Ehlert. Secretary of the Commission Judy Weyrens. Others Present: Bud Reber, Bob Loso, Mike Deutz, Bill Elfering. Public Hearing - Mike Deutz: Chair Klein opened the hearing at 7:00 p.m. The purpose of the hearing is to consider a request for a thirteen (13) foot variance on the front yard setback, in an R-3 zone, to allow construction of an additional unit to the existing duplex. Zoning Ordinance No. 52 of the st. Joseph Code of Ordinances requires a thirty-five (35) foot front yard setback in an R-3 zone. The property is legally described as : Lot-001 Block-003 Those parts of lots 1-2-3 & 4 Block-003 Loso's 7th Addition Lying Sw'ly of a line 75' SW of Centerline of East Bound Hwy #75; and Lot-007 Block-002 Loso's 7th Addition Lots 7 & 8 & E2 of West st vac bet blocks 2 & 3 less Highway Block 2. Mike Deutz spoke on his own behalf. Deutz stated that he has recently purchased the property located at 318 & 320 Old Highway I 52, formerly owned by Ted Klein. At this time he would like to tear down the existing garage and construct an additional rental unit which would be attached to the existing structure. He feels that by tearing down the garage he is eliminating a party location, in addition to cleaning up the property. Klein questioned if the parking provided off street protrudes onto Old Highway 52. Deutz stated that the parking is all on property owned by himself. Bill Elfering stated objection to the proposal and encouraged the Commission to deny the request of Mr. Deutz. Elfering feels that by allowing additional students another nuisance is created. The Council has been meeting with landlords, residents and college students to try and find a solution to the student problems and at the same time the Commission is considering adding additional density to a neighborhood that is already overpopulated. Elfering questioned if that made sense to the Commission. Addi tionally he feels that the added student rental will decrease the value of their homes. Bob Loso spoke to the credit of Deutz and stated that to the best of his knowledge, the City has not had any problems with his rental units and he does not see a problem with his request. Cory Ehlert stated that he sees the addition as an improvement to I the neighborhood by tearing down the garage and a party spot is existing Ordinance that would allow a maintenance free fence to be placed on the property line and requiring such fence to be six inches from the ground. The motion was seconded by Sniezek. Ayes: Klein, Sniezek, Lesnick, Nierengarten, Ehlert Brixius. Nayes: None. Motion Carried 6:0:0 Accessorv Building: The Commission reviewed a proposed amendment to the Ordinance pertaining to Accessory Buildings as drafted by the ci ty Attorney. The proposed ordinance amendment would include language allowing a zero set back requirement for non-permanent accessory buildings. It is the intent of this amendment is to reduce potential areas for garbage storage. After considerable discussion, Sniezek made a motion to recommend the Council revise the Ordinance as recommended by the City Attorney to include language for a non-permanent accessory building, allowing such to be constructed on the property line. The motion was seconded by Lesnick. Ayes: Klein, Sniezek, Lesnick, Nierengarten, Ehlert Brixius. Nayes: None. Motion Carried 6:0:0 OTHER MATTERS Parking - Central Business District: The Commission discussed the parking problems of the Central Business District and how to handle future requests. Klein stated that he felt that the only time the Commission would make an allowance for parking in the Central Business District is when the building is existing. If a new building would be constructed, parking would also have to be provided. The Commission also discussed the recent Council decision prohibiting seating capacity for All star Pizza until additional parking can be secured. The Planning Commission was concerned because the City Council overturned the recommendation of the Planning Commission. Reber stated that All star Pizza could not produce a recordable document for additional parking, therefore the Council rejected the plan. Commission Members discussed past meetings between the Council and Planning commission. Reber felt the meetings were productive and the two bodies should meet occasionally to discuss matters and policies. prairie Grass Restoration: Ehlert reported that the City Council approved prairie Grass Restoration for the holding ponds on the Roske Property. This restoration may be in conflict with some of the current Ordinances and the Council is requesting the commission review this matter and make a recommendation to the City Council. Commission members requested additional information and for the eliminated. After considerable discussion, Lesnick made a motion recommending the City Council approve the thirteen foot variance request on the front yard setback to allow for the construction of an additional rental unit. The variance is recommended based on the following finds: 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 eliminate a potential party house potential and clean up the property. 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 wi thin 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 Nierengarten. Ayes: Klein, Sniezek, Lesnick, Nierengarten, Ehlert Brixius. Nayes: None. Motion Carried 6:0:0 The hearing was closed at 8:00 p.m. Fence Ordinance: As requested the Commission discussed a proposed revision to the Fence Ordinance as requested by the City Council. The City Attorney presented a draft eliminating the permitting process, materials to be used and the setback sections of the Ordinance. After considerable discussion the Commission stated that much time was spent before adopting the current fence ordinance and they didn't feel it should be eliminated. Instead the section dealing with maintenance free fencing should be amended. Therefore, Brixius made a motion to recommend the City Council amend the Fence Ordinance by including language in the matter to be placed on an upcoming agenda. Minutes - September 3. 1996: Lesnick made a motion to approve the minutes as presented; seconded by Brixius. Ayes: Klein, Sniezek, Lesnick, Nierengarten, Ehlert Brixius. Nayes: None. Motion Carried 6:0:0 Adjourn: Lesnick made a motion to adjourn at 9:40 p.m.; seconded by Nierengarten. Ayes: Klein, Kalinowski, Sniezek, Lesnick, Nierengarten, Brixius. Nayes: None. Motion Carried 6:0:0 ~~r~~ e retary of the Commission