HomeMy WebLinkAbout1990 [09] Sep 04
MINUTES OF THE ST JOSEPH PLANNING COMMISSION
SEPT. 4 1990
Members Present: Hub Klein, Chairman; Ken Hiemenz, Dan
Nierengarten, Bob Loso, Art Budde, Sr. Kathleen Kalinowski
OTHERS PRESENT: Rachel Stapleton, City Clerk; John Scherer,
Dick Cox, Linda Viehauser, Fred Honer, Elmer Rakotz, Dave
Puchalla, Mark Lambert, Wm. J. Lorentz, John L Gamades, Janet
L. Gamades, Jerry Norby, Sr. Judy Schaffer, Dan Schmitz, Tony
Pelzer, Becky Macleod, Hugo Weyrens, Jennie Peterson, John
Anderson, Kathy Kresbach, John \~elsch, Lawrence Rennie, Marie
Rennie, Rose Reber, Steve Frank, Dave Hollander, Steve
Dehler, Joe Miller, Mr. Peter Van Heel, Mrs. Peter Van Heel,
Herman Schneider, Dianne Gohman, Joe Gohman, Regina
Hollerman, Ben Hollerman, Greg Kacures, Leander Zipp, John
Eich, Margaret Eisinschenk, Mark Gottwalt, Len Walz, Betty
Walz, Bill Cearny, Margaret Eich, Bernie Evans, Corky
Kacures, Glen Duetz, John Kierzek, Art Reber, Art Hiemenz,
Judy Weyrens.
PUBI~IC HEARING: Hub Klein called the meeting to order and
opened a Public Hearing to consider an amendment to zoning
ordinance No. 52.4 of the St Joseph Code of Ordinances. The
proposed amendment defines "family " " number of persons
as any
living together 1n a room or rooms comprised of a single
housekeeping unit and related by blood, marriage, or
adoption, or any unrelated person who resides therein as
though a member of a family. Any group of persons not so
related but inhabiting a single house shall, for the purposes
of this ordinance, be considered to constitute one family for
each three " The ordinance currently allows five
persons.
unrelated persons to constitute a family. The proposed
amendment allows rental units currently holding a valid
rental license to retain allowance, if there 1S no lapse or
revocation of the license.
Hub Klein asked for comments.
Linda Viehauser spoke for the landlords association, stating
that the association wants to work with the community so that
there is harmony between the community residents, students
and landlords. The landlords association feels the reduction
from 5 to 3 tenants 1S not the solution as there will be the
same number of students looking for housing, it will be more
expensive for the students, landlords would need more
housing to meet the increased demand and 3 can cause as many
problems as 5.
The association feels the real issue is noise and suggests a
strict uniform lease and publication of a list of landlords
so that neighbors would know who to contact if there 1S a
problem. Viehauser stated that students should be held
responsible for noise violations, not the landlords.
Dick Cox appeared before the commission on behalf of the
landlords association. He disagreed with the current
ordinance because it singled out student tenants and felt
it was not good policy to sanction landlords for actions of
tenants. Cox passed out a suggested n01se ordinance that
proposed shared responsibility of violations with the tenants
and landlords. He stated the landlords association is
willing to purchase a decibel meter and give it to the city
for enforcement purposes. He also suggested that the schools
play a role in disciplinary action against n01se violators in
addition to ci ty action.
Q. Sr. Kathleen: \'lha t group of landlords does the landlords
association represent and do they meet regularly?
A. The landlords association represents those landlords who
are licensed and registered with the city and meet when
problems arise.
nill Cearny appeared before the comm1SS10n saYIng there IS a
lack of communication and the landlords association should
\',ork \., it h t.he city, tenants and school officials; whoever has
a concern and make students aware that they could be part of
the problem.
Q. Sr. Kathleen: Does the college have a legal right to
discipline students not on school property?
A. John Scherer: Only for certain legal offenses, usually
drug or alcohol related.
Dick Cox stated that a private universit.y or college has more
latitude than a public university. . The suggested ordinance
on p. 9 holds the tenant primarily responsible and
secondarily the landlord.
John Scherer reminded him that that IS how the ordinance
currently reads. Both tenants and property owners could be
held criminally liable.
Dave Pucha1la suggested that all off campus housing be
coordinated with the university and the city. He suggested a
$100 registration fee to be lost if violations occur , then
the student \.,ou1d have something to lose too.
Elmer Rakotz appeared before the commission stating that the
students should be ticketed, not the landlord. If the
students got the fines then there would be less parties.
Bob Loso voiced concern over being able to write citations
for everyone attending very large parties.
Steve Dehler said the demand for housing may or may not go
up \'i'Ì th strong enforcement of the ordinance because of the
difficulty in checking the exact number of persons living in
a place because of privacy laws. He questions how police
will enforce 3 if can't enforce 5 .
Bob Loso stated if the ordinance passes, the demand for
housing will go up, it will promote apartment growth in the
city 1n R3 areas and will place the rentals out of
neighborhoods. The commission is concerned about the
citizens and how they feel, not the landlords.
Sr. Kathleen said trying to solve the problem with
communication instead of a new ordinance would be much more
effective.
Bill Lorentz spoke before the commission and explained that
requests for assistance from the landlords to break up loud
parties would not be considered as a violation. He also said
that students are not the only n01se violators. Lorentz also
explained that at one noise violation, the city clerk and the
landlord are notified and at the 2nd violation, the landlord
receives a letter from the city clerk stating when the land
lord can appear before the city council to defend his
license. He also recommended that the landlords abolish kegs
completely 1n their leases, as keg parties are a big problem.
Steve Dehler explained to those 1n attendance that the former
ordinance .. allowed 3 violations in any period and the landlord
could lose his/her license. It was changed to two violations
in a school year period, June 1 to June 1.
Linda Viehauser voiced concern that if 1. n one school year she
evicted one set of tenants for violations and the next set of
tenants also violated the ordinance, she could lose her
license.
John Scherer explained that the landlord could lose his/her
license after only one violation.
John Anderson appeared before the commission and suggested
working at reducing friction between renters and residents.
Reducing tenants from 5 to 3 1S not the answer, saY1ng that
3 people can have just as big a party as 5.
Steve Frank spoke 1n favor of the new ordinance. He felt that
the city could end up with a lot of rental units and no long
term residents, and " student ghetto " He encouraged
a area.
looking at the total package of reduction in tenant number
per house, strict police enforcement of ordinances and a keg
ordinance.
Bill Cearny stated that there could be a student ghetto area
if student housing 1S isolated in one area. He feels it 1S
good for the community for students to live 1n neighborhoods.
Dan Nierengarten said that spreading rental housing around
makes it harder to control.
Hub Klein called for recommendations on the hearing.
Bob Loso made a mot.ion to close the hearing and table the
discussion for a future date.
Þ10tlon seconded.
Ayes: Hub Klein, Ken Hiemenz Dan Nierengarten, Bob
Loso, Sr. Kathleen, Art Budde
Nayer,: None Motion carried 6 to O.
After a brief recess, Hub Klein called the public hearing to
order.
The purpose of the hear:ing 1S to allo\'l citizen input on a
proposed amendment to zoning ordinance No. 52 of the St
Joseph code of ordinances to a 11o\'l rezon1ng of an area lying
north of County Rd 75 and south of the railroad tracks,
excluding the mobile home resident district. The area 1S
curreutly zoned industrial.
Rachel Stapleton explained that the purpose of the hearing 1 S
to allow for business on Cedar street and to re-evaluate the
area behind there for business, industrial or R-3 zon.lng.
Hub Klein asked for comments and asked if everyone \'las
familiar \vi t h the area.
Dave Hollander asked if the ordinance change 1S gOlng to
include all the property along Cedar Street?
The comm1SS10n responded that it will include all the
property along Cedar Street which 1S currently zoned
Industrial.
t<Ja rk Lambert passed around aerial maps of the area being
considered.
Steve Dehler asked \'lha t the difference was between being
zoned industrial and commercial.
Hub Klein explained that with industrial there could be
almost anything put 1n there and could end up with some awful
odors \'lhereas \vi t h commercial you are kind of limited as to
\1ha t you can put there.
Steve Dehler then <lsked if any kind of building In an
industrial area requIres a special use permit and if the
comm1SS10n didn't \'lant that particular business then could
the comm1SSlon just turn down the request?
John Scherer explained that denial of a special use permit
requires a finding or justification.
Dianne Gohman expressed concern over Mark Lambert's placing
of a student housing apartment building ln that area.
Bob Loso stated that the outlook for the area north of CSAH
75 1. S pretty much for business.
Hub Klein said that the city has had chances of getting some
businesses and just hasn't had places for t.hem. He then
asked John Scherer to explain further.
John Seherer stated that the city was eoncerned with having
" piece-meal" of the and industrial development
rezoning area
there 1S very slow or nonexistent. He said as the area .1 S
zoned now, sellers could only sell their residences as a
residence or find some one to develop it as industrial,
which would be difficult because of the size of the lots. He
also said that rezoning could lncrease the property values as
the 0''/ner8 could sell as residential, commercial or R-3. He
said there are pros and cons on both sides.
Ben Hollerman stated that if Mr. Lambert starts building
apartment houses, that 1S not gOing to increase t.he value of
their properties. He also said that other businesses would
1nerease the property value more than student housing \'/ou1d.
He spoke in favor of leaving the zoning ordinance as it lS.
John Scherer stated that there has been very little rezon.1ng
done ln the city.
Joe Miller asked the difference on taxation on property ln
an industrial or commercial zone.
John Scherer said that the tax rate is based on current use,
not just the zoning.
Joe Miller then asked how to get a conditional use permit.
John Scherer explained it involved coming before the planning
commission then the city council and proving that the
proposed use lS not gOlng to cause any major problems in the
area. He then explained that commercial 1S a light business-
like what you see downtown and R-3 lS multiple housing.
Dave Hollander asked if it 1S all zoned commercial, would
Mark Lambert be able to construct apartments?
Rachel Stapleton said it would be permitted under a special
use permit.
Dianne Gohman expressed concern over the possible extension
of Date Street and being assessed for it.
The COmmiSSion doubted that Date Street would be extended,
but said there was no guarantee.
Art Budde asked if the objections raised \vere to Nark
Lambert's plans for the area or to the reZOIl1.ng completely.
Hub Klein said the hearing 1.S for rezon1.ng, not Lambert's
plans.
Dianne Gohman stated she was against the rezon1ng.
Ken Hiemenz stated that if the COmmlSS1.0n approved the
recommendation for reZOn1.T1g, then automatically there would
be an R-3 area.
Steve Dehl(~r said that the plallning COmm1.SS101l did not want
to start spot zon1ng In that area. He said the commlSS10n
wanted to take a look at that area and see if there can be a
sensible way of handling this small area of our city, \vh i c h
could make it better.
Dianne Gohman stated she \vould rather have a factory back
there than the student rental.
Bernadettp Van Heel said she didn't want the neighborhood
changed.
t>la rk Lambert. stated that his plans only represented 10 per
cent of the land being discussed and that with the industrial
zon.1ng there, it 1S not a residential neighborhood.
Lambert also stated that the neighbors In that area have to
realize that it's not a residint.lal neighborhood, it's an
industrinl neighborhood. He said that 1n the future it wi 11
bp a b \1 Sl tl e s s devel0pmpnt and it may look odd nOlv but ,yon ' t.
1n the future. He D.sked that the COmmlSS1.0n designate his
three lots R-3 as he feels that. it a very good use for that
land,
Davp Hollander stated that he would like the comml. s S 1 on to
re-zone everything commercial. If a landowner has a need for
a diffprent type of 7.0n.1ng, .1 t should be up to him to corne
before the COmmlSS1.0n to request the needed changes.
Art Budde made a motion to close the hearing and to table the
discussion for a future date.
Ayes: Hub Klp.1n. Ken IIiemenz, Art Budde, Bob Loso,
Sr. Kathleen Kalinowski, Dan Nierengarten.
Nayes: None. ~1 0 t ion carried. 6 to 0
There was a question raised as to hON long to table the
discussion. It. \va s explained that the commission could table
it indefinitely. If no recommendation was made within 60
days, the city council could take action.
Art Budde made a motion to adjourn. Bob Loso seconded.
The meeting was adjourned.
Respectfully submitted,
.-- IC '
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Teresa Kruger-Lahr,
Secretary