HomeMy WebLinkAbout1990 [08] Aug 06
Minutes of the St. Joseph Flanning Commission
August 6, 1990 I
!,:!~rnb~£~Pres~nt: Hub Klein, Chairman; Ken Hiemenz, Dan
Nierengarten, Bob Loso.
Others Present: Rachel Stapleton, City CJerk/Administrator;
Judy Weyrens, Deputy Clerk; Teresa Kruger-Lahr, Secretary;
Dave and Michelle Mehr, Ed Kacures, Nick Zaczkowski, Sam
Weisser, stuart Goldschen, Chuck Muske.
PU£li£-ªearinß.-':" Chairman Hub Klein called the meeti.ng to order
at 7:30 p.m. and opened a public hearing to consider a request
for a one and one half feet (1 ~I) variance on the height of a
fence in a residential zone to allow construction of a seven and
one half (7 ~I) feet high privacy fence. Zoning Ordinance No.
52 of the st. Joseph Code of Ordinances allows a maximum of six
(6) feet in height. The prol1erty the variance is requested is
at 140 Sixth Avenue Northwest; Lot Eight (8), Block Three (3),
Clinton Village Addition. The request for variance has been
submitted by David Mehr, 140 Sixth Avenue Northwest, St. Joseph
~1N 563'7LI-.
Discussion was opened. Nick Zaczkowski asked the reason for the
variance. David Mehr presented pictures of the view from his
house and the view from the height of his proposed deck. I
Mehr stated that a 7~' fence would be required to block the view
of the offensive materials. adjacent to his prorerty. ilis photos
from the deck level elevatlon demonstrated that a 6' fence would
not be adequate. MehI' said he is concerned with the problem of
rodents and is also concerned about the contents stored on the
adjacent property. lie would like it inspected.
Hub Klein and Dan Nierengarten stated they had viewed the
property wi.th IIub Klein stating that when he looked into a
barrel on the property, it was empty.
Ed Kacures requested the variance be put on hold as he is con-
cerned with wording in city council minutes describing his
property as "offensi.ve materials." He qUBstions who determines
what is offensive. He indicated that he has documents that
state he is in compliance with the city.
Bob Loso made a potion Lo approve the variance for 7Yz' fence,
as reque:3ted; ~3econded by Hiemenz.
Discussion: questioned appropriateness of high fences in the
r:ity.
!ìyes: 1Joso
Nayes: fIiemenz, Nierengarten, Klein. I
Motion failed 3-1
More ~isc?ssion foll?wed with Ken tliemenz recomme~ding to the .
councll, lf request 18 approved, to allow 7~' varlances for.all
adjoining neighbors and recomends viewing adjoining prol1erty for
compliance with city ordinaces.
I The motion was withdrawn.
Hub Klein called the hearing closed; motion denied.
Pu£lic_~rif!E":" Rachel Stapleton corrected an error that had
appeared In the Notice of Hearing. Duane Willenbring,
Willenbring Construction 25123 Co. Rd. #139, st. Cloud, ~1N
56301 appeared before the commission to request a fifteen (15)
foot variance on the side yard setback, adjacent to a public
right-of-way, to allow for the construction of a single family
dwelling. Zoning Ordinance 52 of the St Joseph code of ordinances
requires front yard & side yard setbacks of not less than 30
feet on all public right-of-ways. The property is legally
descri bed as: Lot 001, Block 001 Hollow Park.
Discussion was opened. Duane Willenbring presented a plot plan
for a private dwelling. He stated that the lot is low and
sloping, the lender would only consider lending money for the
proposed house if the dwelling could be placed closer to the
road. Duane Willenbring stated that there is a precedent
in a home behind the proposed structure placed closer then the
30 foot setback, which would be in line. He also said it would
be safer to back onto Cyr,ress Drive than old Highway 52.
There was concern voiced by Sarn Weisser and Chuck Muske about
I lot drainage.
Bob Loso made a motion to recommend to the city council to
approve the engineer's recommendation of drawing #2. But would
require in writing from the builder that if a drainage problem,
as determined by the city engineer, develops, builder will
correct it.
Seconded by Dan Nierengarten.
Ayes: Klien, niemenz, Nierengarten, Loso.
Nayes: 0
Motion carried. 4--0
Proposed Amendment, Chan~to Ordinance 52: The Commission agreed
W-IïõIa-two-pu5TIë-neã'rlngs-õñpropõSëa-amendments to zoning
ordinance 52, to receive public input on September 4, 1990.
A public hearing will be held at 7:00 p.m. on ordinance 52.4,
subd. 22, defining "family", und a public hearing will be held
at 8:00 p.m. on re~oning an area North of CSAH 75. Hearings
will be limited to one hour each and persons addressing the
Commission will be limited to 5 minutes each, but will be allowed
to return to address the Commission as time allows.
I B~g¿¿~f;):.t;._!£~aive.-Y~E.iagce_Fe~...:.. Ed Kacures appeared before the
cOffi!J!isè:;ion to request that if David ~1ehr' s variance fee waf3 waived
so that Mehr could put up a 7~ foot fence, Kacures wanted the fee
waived also, should he decide to erect a 71/' foot fence. Kacures
said that since a decision wasn't made on Mehrls request, he would
wait until a later time to request a variance fee waiver.
Rachel Stapleton reminded ~d K3cures that the waiver was good I
for one year only.
Dan Nierengarten made a motion to adjourn. Seconded by Bob Loso.
The meeting adjourned at 9:21 p.m.
Respectfully submitted.
~ 1("'r -{,Jk
Teresa Kruger-Lahr
Secretary
I
I