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Home My WebLink About1998 [07] Jul 06 y ~ - " .- . CITY OF ST. JOSEPH 21 FirŠtAvenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-7201 Fax: 363-0342 St. Joseph Planning Commission Ilk July 6, 1998 GiQI i!=ri MAYOR 7:00 p.m. Kenneth J. Hiemenz CLERK! 1. 7:00 p.m. - Mark & Lori Stang, 309 Cypress Drive ADMINISTRATOR Variance Hearing, Five Foot Fence Height Rachel Stapleton Eight Foot Front Yard Setback 2. 7:30 p.m. - Nel Pfannenstein COUNCILORS Variance Hearing, Minimum lot size and minimum lot depth Bob Loso 3. 8:00 p.m. - James Development Cory Ehlert Rezoning Hearing -"- General Business to R-2 Ken Twit eliedenfuer Variance Hearing - Rear yard setback 4. 8:45 p.m. - Steve Posch, Grooters Leapaldt College of St. Benedict Building Permit 5. 9:00 p.m. - Mike Deutz, 33 Minnesota Street West Special Use Continuation, Rental in a General Business Zone 6. Approve Minutes 7. Old Business a. Accessory Building Complaint b. Ordinance Update 8. Adjoum .. . .. ... .- CITY OF ST. JOSEPH 21 First Avenue Northwest - PO Box 668 St. Joseph, MN 56374 320-363-7201 . DEVELOPMENT REVIEW APPLICATION A licant: Owner: S~m.e Address: Address: S 0.. 'fY\e 3&;3·- Ow 8 7- Conditional Use Permit Vacation of ROW/Easements X Variance Non-conforming Use Permit Planned Unit Development Rezoning Sign Subdivision . TOTAL FEE $ iSOq;:::.. Date fee received ~1).,1 -5(;./ Date application received PETITIONER MUST PROVIDE THE FOLLOWING · A list of all property owners within 350 feet of the boundaries of the property. ( This list must be obtained from the Stearns County Auditors Office) · Seventeen full size folded copies of the plans. · Payment of all associated fees must be made in full when application is made. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of the application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. -------..---. . ~-- J-/ -9 <6 Date Signature of Fee Owner Date . -. PROJECT NAME: LOCATION: 309 Cypress Drive LEGAL DESCRIPTION: Lot 1, Block 1 Hollow Park LOT SIZE: PRESENT ZONING: Single Family REQUESTED ZONING:' PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: SETBACK REQUEST: REASONS FOR REQUEST: To allow the construction of a privacy railing 9' above grade on a deck. Further this request is to allow the construction of a orivacy Fence 6' in height on a portion of the east property. AREA REQUIRED BY REQUESTED BY VARIANCE ORDINANCE PETITIONER REQUESTED Front Yard 30' 22' 8' Side Yard . Rear Yard Open Yard Fence Heiaht 4' 6' 2' Fence Heiaht, Rail 4' 9' 5' NOTES TO THE COMMISSION In July 1997, Mark Hiltner appeared before the COlllllÙssion requesting an eight (8) foot variance on the front yard setback, which was granted. The deck has not been built and the property has changed hands. At this time the new owners, Mark & Lori Stang, are requesting to construct the deck with a railing 6' in height. While the variance on the deck is still valid, the railing according to the Building Code becomes a fence and exceeds the maximum height. The property is bounded on the east by Old Highway 52 and the north by Cypress Drive, creating two front yards. Therefore, according to the fence Ordinance a fence cannot exceed 4 feet in height in the front yard and the proposed railing/fence is 6 feet from the decking or 9 feet from grade level. In discussing this matter with John Scherer, a variance cannot be granted on a variance, but the property O\\ller could request a front yard setback variance to build a fence around the deck and a variance on the height of the fence. Further, the property owner is requesting to construct a six (6) foot privacy fence on the east side of the property. The area proposed is in a front yard setback area and requires a variance to construct a fence beyond four feet in height. . ..- ~ ~ .- - //lv Floor . ~~ l~h6+oåY ~ '-" , I h. ~'n p r; Vv.C¡ +b oJx r~ ' k- g . i,,! 10' .;y J ec.rÇ ; s e \ 0.. v J-{.-6 ~ -t<:-e-+ . ...s . -:- , - 3 S-*- é. 0 S \ 0' , ~ 5' d. ~\:'-f) t;' - .., . -.----- c,",,~.',o~L r_Lo,.~:_SfA Ale;, Dsc!er J~:¡r.e ------- --------- G¿JISf =t'·cnE' iF ;;;~"30î4~r£.5;5.. Drive Heri~€ CiTy Sto!e ZI¡) : "I - C1·Î.'1i¡1 ~r\d:I';':~ - ~ ~- __._~_ ---____~_._,___~___~____~_ __~__.__________,_ _________ 0__-- __._ _______ _~ .._ ---. -...--------______ ___-_______.__ -_____~ ___~ _____________ _____._.0 _____ _~~___~___~___~ ___~___.~____ ,_____ __ __________H_ ~~~.,- U.., .--- '~__m_'.._, ..,.,-,,'-. -., _'~_"'~".u,~'.'_~'_,._"._~___~_.__,'-- e-., ~_______~____~ _______._______ ____~ ~_______ .__._n___._ _____~_~__.__ __ ____-'_ __ ____._ ___._ _--..:____ ___O___·~_____O~____ _ ____ _."__ _____~_ ____ _______________.-- € ., . . ____________'_ ____. ____ _____--:__ _~j _n·___._ __~-- ; ___~_' _____~ ___,___~----..:.---- ~________~~-_-----.:---- ~ ___ ___.:-_.______ _._ __ ___-_______,,:_ _____ - ~ - ___ __ _~~ ___~_~ 0_- __ ~__ - ___.__ __~__~O~ _---'-____ _ ______._~_o__"_____ --------- - ----·-0_--- - ---- - ---- " - ~~ - , - _ n_~.. ____ .- -------~._- - _.._--~~- ----- ,-.--.-. ---- - -. -~- - . -- -- - ---. -- -- ~--------- -" --- -- - -~ ------~.. ----------.._---"--.- ------- ----~~. - --- - --,---.._-----~---_._- ---. -- -"- -- - ----. - __ ~ _______ -__~_ __ _._____ 0___- _____ __ _ __ __ _ _ _ _____~__ ~_ _____~ _ _ ___<___ . _ ____ _ _~_ _ _ _. "_ _ __ _<_ ______ _ _______~ ~_ __ __. ___ .,- ',- -_t...¡o ",- ·--6 I, --- --'. ..--- -- - -, - ----- _M" _..-- -- -- - --- - --- - - ---- -' -- - ----- ----- . - - -__ - __, __.n_ _ _ _ . ____ _~ ___ _ .__ ______ __ __ ___ __ _~_ ________ _____0_ _ ____ _____ ---.- '- -- ---- >----,- .----- ~--- ---- ---________________ _____________ __.__n'~___.__________~___________~___ :~c~)(k~ce~O~~ ) .~c~~~~~~¿··- ...~:-:~.~:~:: - .--- - - ---- - --- - --~. ------- -- ------ -,- . . 5 - 2 } ...9 ð < ~an 3 :te~1ce ~(M:-f- . ~ ß~úP~+- ..- <- LINE / / " /' I " /' roO '- , ...~'~ ..... . ~4.Gß' '. ~~ " ". ~ /,/ .» ", '>. / ''"->" / ~ ~ ~ ~v ç¡: ~' ~ '{\I ~0 , \L: -~ J1~, ê..7 '_-0_- . 0 .... ~.. ..... / ,/ ~........ .... .,~. ,.. "~ 8501.93 - . 850193 -. 97 JUL 24 PM I: 2\ COUNTY RECORDER STEARNS CO. MN P~N ,,:¡yD. n¡'PIITY I>. ¡orr-, or COMPLETION or \ I ^ III ^ I>. Irr IIlIorrr"lI>. IrC' l'i 1......1:: r I I I r V /"'\1'\ 1/"'\1 'i......c: r 1'\ ......1::!:UII'i'-:>..) Please take notice that the City of St. Joseph, acting pursuant to the authority of Minnesota Statutes 46'2.368. has adopted a resolution granting an eight (8} foot variance on the front yard setback to allow the construction of a patio. St. Joseph Code of Ordínances 52.16 subd 6 r a1 states that front yard setbacks shall not be !ess than thirty (30j feet on all public right-of-wCJy5. The variance is for property located at the following described property in the City of . St. Joseph, Steams County, Minnesota: Lot-OOl Block-OOl ; Hol1owPar.k.Addition The valiance for the above mentioned property' was completed and became effective on Jut)! 17, 1997. DATED: ~% ~3) I 7'7 Î ~U,~~t;)0 Rachel Stap\et.. .., . Clerkl Administrator - ,- - .- . , -, MICROFiLM EO PBgC \ C'!.-L . .- Denial Appeal- Variance Mark Hiltner . The St. Joseph Planning Commission reviewed an appeal for a variance for an (8) eight foot variance on the front yard setback which was denied by the City Council. The variance would have allowed the construction of a deck. The property is zoned single family, R-1 and St. Joseph Code of Ordinances require a thirty (30) foot setback along all public Right-of-ways. In re-consideration of the information presented to the City Council and Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: 1. 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 circumstances must not be the result of actions taken by the petitioner. FindinK: The deck on a property is normally on the side yard or rear yard, but due to the corner lot, the property in question has two front yards. If this property were a typical side . yard, the setback would only be ten feet and could be fulfilled. 2. St. Joseph Code of Ordinances 52.7 subd 2(b): That the literal interpretation of the provision of this Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. Finding: The property owner is requesting the right to construct a deck which is a permitted and acceptable use in a residential district. The deck cannot be constructed without a variance. Further, a building permit was obtained when the house was constructed at which time the patio doors were installed. Based upon these findings, the Planning Commission re-affirms their decision of June 24, 1997 and requests the City Council approve the eight (8) foot variance request on the front y~setback of the following described property: Lot 1 Block 1 Hollow Park. These findings and recommendations were re-affirmed by a vote of 5 to 0 with one abstention by the St. Joseph Planning Commission on July 7, 1997. ~dY~rUI(S- :---.. Judy Weyrens . Secretary of the Commission . .- CITY OF ST. JOSEPH 21 First Avenue Northwest - PO Box 668 St. Joseph, MN 56374 ~ 320-363-7201 DEVELOPMENT REVIEW APPLICATION A licant: N~( {Of! n....^ s t...e (/..'\ Owner: S:¿vvr ~ Address: del C, /'J5t ~1. Y. Address: 5. ¿;,vn -L- 51_ JtJ~¡Oþ, Ail N S!ç?>li d- Tele ~~?- t./t¡S7 Conditional Use Permit Vacation of ROW/Easements Variance Non-conforming Use Permit Planned Unit Development Rezoning Sign i.-c... ¿ 15 Subdivision . TOTAL FEE $ ì¿,o ~ Date a lication received PETITIONER MUST PROVIDE THE FOLLOWING · A list of all property owners within 350 feet of the boundaries of the property. ( This list must be obtained from the Steams County Auditors Office) · Seventeen full size folded copies of the plans. · Payment of all associated fees must be made in full when application is made. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of the application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. . .~ ~-#~~ /"-u;;J ~ ;7¿:-- --- Date -Sign ture of Appl' t Signature of Fee Owner Date . PROJECT NAME: LOCATION: LEGAL DESCRIPTION: LOT SIZE: PRESENT ZONING: 'K'- / S I YI.a/e '":::¡::'c;l'?1,A, REQUESTED ZONING:' -/ PRESENT LAND USE DESIGNATION: REQUESTED LAND USE - DESIGNATION: SETBACK REQUEST: REASONS FOR REQUEST: -p; /7 / / CU} (h'l1 (,!v{¿. C!-l";' of CI - <th -Go ~,,... 'J /~ n- . /:;, Co/,.., c¡ â Þ1 C7. t ('(''(. +a ~ , Iv.¡ A ¡/'YJ'l-c:... I I AREA \ REQUIRED BY I REQUESTED BY I VARIANCE ORDINANCE ORDINANCE REQUESTED Front Yard I I I Side Yard I I I I Rear Yard I I I I Open Yard I I I I ParkinQ I I I I Accessorv Bide Size I I I Lot CoveraQe \ I I I . /..11- <; i- I J l iJV Ù I I d s 2.'1 I -- Lc,f d~;t^- /J-~ 2/1. .s -._- NOTE TO THE COMMISSION I reviewed this matter with the City Attorney as we discussed at the last meeting. The question arose as to how a house could have been built on one of the lots previously. In the data you received at the June meeting, the minimum lot size in 1982 was 10,000 square feet. To build on a lot with less then 10,000 square feet should have required a variance. In reviewing the minutes I cannot find any hearing proceedings for this property. However, I did tind a hearing notice for an adjacent property owner requesting the same as Pfannenstein and a variance was subsequently granted (the lot however abutted a street not an alley) . Therefore, it appears as though an error occurred. In discussing this matter with John Scherer, he concurred that even if an error occurred in the past, we are required to follow the current procedures to cease further errors. Therefore. Nell Pfannenstein needs to request a variance on the lot size and the minimum depth. The Planning Commission also needs to be aware of St. Joseph Code of Ordinances 54. ï subd 4(e): Required Frontage: Every lot must have at least the minimum required frontage on a public . dedicated street other than an ailey. (Page 155) If you have any questions before the meeting or would like additional information, please feel free to contact me at 363-ï201 ~ ~ ;. :,' I ._ . .~t~ ~ ~~l~ -, -0.'!' .~ .;;.,~: :;' <.,~, '" ,-,. .. . .. , - ,. ~ -:. :;' ;', ?- i 4 ' , " \ I , I , i 'c' 1 ' ," ' ' I \ 1 i . I I I ì ¡I'" , I ' '" I \ I I' - - ,. - - -- . - - - ' - -"".". I -- , I' I " , , '" ' I " ' '" ,,,- ii' ,-- \ \ 1 I 1 ''', ,,::, I " " .- \ " .' '''' ~ ' I ,I ,,; "" . L I " \ " I' ' " " ",,," I . " ' ,,' " . 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HO::: ,~ H ""d H H u..c: =' ;j E C!,) =' c: () ='.'~ "0 =' ~ rl~O H (1j ¡:: 0 (1j Q) Q) 0' 0·..... ¡:: \.¡.. 0' 0 <lJ c;' ~ C 0 ~-+ 0 HUj ~0<(1j4-l()H:>Q)=U)""'¡O<lJC::Hc)UJ(1j() 0 ~ '.::". í;::s ~ ~ ~ . ...-; ~ <: ~ U . . Page 2513 Mat~ch ..:" 1994 .- Ma y 0 t~ Reber reconvenned the meeting at 8:45 p. m. -- Recordinq Equipment": Craig Bomgaars appeat~ed be f Ot'e the COlmci 1 as t'equested by Councilor Rieke to discuss the audio taping system of - Counci I meetings. Mr. Bomgaars stated that he installed the Cl\rt'ent taping system and pt~esented a ql.\ote to install a dual tape cassette. Each tape would tape fOt, 120 minutes, pt~ 0 vi din g fOl\r (4) hours of continuous taping. The tape wOI.\ld change automatically. The cost of the machine is $499.00 and Mt~. Bomgaat's wo 1.11 d install the unit without additional costs. Loso made a motion authot~izing the expend i t I.\t~e of $499.00 fot' the purchase of a dual tape system, and the pln~chas e of 100 tapes, boxes and labels. The motion was seconded by Hazen. Ayes: Rebet', Rieke, Loso, Hazen, Hiemenz. Nayes: None. Motion Cat't~ied 5:0:0 Dave Pfannenstein ::. Lot Size: Dave Pfannenstein appeared be f Ot'e the Council to discllSS two lot s that he own s, Lots 9 and 10, Loso's 5th Addition. Each lot contains appt'oximately 9,000 squat~e feet, and he is t~equesting the Counci 1 to vet~ify that the lot s at'e bl.\ildable. Mr. Pfannenstein stat ed that the minutes of JI.lne 7, 1984 indicate that the City appt~o v ed the lot, but he is seeking affit'mat ion. The COI.mci 1 was In agt'e e ment and ins t t~I.ICt ed the City Offices to t'e s e at~ch the minutes ot June 7, 1984, pages 1253-1254, and send a notice to ìth~ . Pfannenstein of . the findings. Clerk/Administrator Reports Addt'essino System - The stt~eet numbet~ing committee has met and "r'equest ed the Council consider changing the stt~eet s in NO"r'th land to meet the Ci t Y st andat'd s. Also, the cul-de-sac in Pond View Ridge r=iddition has been n I.lm bet~ed incot~t~ect lYe Hiemenz stated that the Engineet~ has been wOt'king on a n 1.1 m bet' i n g 9 t~ i d , which is supposed to be pr'e sent ed to the Council fOt, adoption befo"r'e nl.lmbet's '?:r' e assigned. This matt et' will be placed undet' Old BI.lsiness. º-º..9. Kennel Complaints: The Ci t Y Offices has t'eceived a complaint as to the conditions of the Dog Kenn e l. The City needs to eithet' hOl.lse the dogs at a facility Ot' build an appt'o v ed dog house. The cost of housing a dog at the humane society is $7.00 pet' day, and the St. Joseph-Cold Spr'ing Vetet'inar'y Clinic chat~ges $8.00 pet' day. The COl.lnci 1 disc1.lssed the methods in which the dogs at'e tt'an s POt't ed and if the Ci t Y needs to pl.lt'chase a tt'anspOt'ting device. Thi s matt et' will be discussed with the Police De pat't m ent at the it, joint meeting. Aft et~ considet'able disc'.lssion, Hazen made a motion to e n t e t' into an agt~e e m ent to hOI.lse all str'ay dogs picked lip within the City Limits at the St. Joseph-Cold \)eter'inat'y Clinic, andt'aise the cost of the City fee to $8.00 pe"r~ day. The motion was secondeo by Hiemenz. Ayes: Rebet~, Rieke, Loso, Hazen, Hiemenz. . Nayes: None. ìt10t i on Cat~t'i ed 5:0:0 Aoar't m ent Rent: Nancy Efta has t~eql.lested to live in apat~tment #2 for' the coming school year' , and is t' e q 1.1 est i n g the Council cons idet' a r'ent b·i' e a k if the t~ent fat' the ent i t'e leasing pet~iod IS paid '.Ip ft'ont. ~íayor . ~ Donald "Bud" Reber Councilors Ken Hiemenz . 21 First Avenue NW Ross Rieke Bob Loso P.O. Box 668 Stephanie Hazen St. Joseph, Minnesota 56374 (612) 363·7201 City C1erk/Adm FAX # 363.0342 CITY OF ST. JOSEPH Rachel Stapleton March 1 1 1994 Mr. Dave pfannenstein PO Box 205 St. Joseph, MN 56374 Dear Dave: Please find enclosed excerpts from the City Council and Planning Commission minutes relating to your request to replat property in Loso I 5th Addition. As can be evidenced s by the enclosed minutes, the Planning Cornmission and City . Council approved the lot split of Lots nine ( 9 ) and ten ( 10 ) . The property is currently zoned R-l, single family, as i t was at the time of your replatting request. I f you have any questions or need additional information, please do not hesitate to contact me at 363- 7201 , Sincerely, Q Rachel Stap eton Clerk/Administrator RS: jw Enclosures . --~----r---:----- -_._-- --- --- - . .- _ l1inutes of St. Joseph Planning Commission Nov. 1, 1982 Members present: Tom Nahan, Ben Kremer, Phil Durkee, Art Budde Others present: Mike Husen (Co~~cil laison), Dave Pfannenstein Meeting was called to ~rder at 7:35 p.m. Ben Kremer reported that on October 18 the Board of Appeals and Adjust- ment approved a request for a sign variance by the College of St. Benedict for a front entrance sign on College Ave. The variance asked for a zero- line setback. Ben also reported that the Planning Commission minutes for June 28, August 2, September 13, and October 4 were read and approved by the Commission. Dave Pfannenstein presented a pla.~ for replà.tting a· double 101;,· vi~. ,Lot- 9 . and 10 in Loso's 5th Addition, located east cf 2nd Ave. N.E. and south of CSAH 75, immediately east of Swanson Day Care Center. The lots are now each 45 ft. x 191 ft. and would be replatted to 91 ft. x 95 ft. Discussion also ensued on where a street junction might best be located with CSAH 75 when the alley junction immediately west of 2nd Ave. N.E. was closed. Members agreed that a junction at 3rd Ave. N.E. might be logical. Meeting was adjourned at 8:45 p.m. Respectfully submitted, Phillip Durkee ~ f~~ ~k\ . . ~'11 NUT E S OF '. ' - ST. JOSEPH PLANNING Cm~lISSION I \ June 4, 1984 . }!emb;:r s Presen t : Ben Kremer, Torn Nahan, Art Budde, S. Kathleen Kalinowski }\emb.;rs Absent: Hut, Klein and }\ike ih'sen, council representative, P.Durke~ Others Present: Tom Gustafson, Tom Botz, Dave Pfannenstein anct ~el Pfannenstein l. Consideration of request for special use permit by Joe Town Auto to .11 10'" a used car bus iness north of the £1 Paso Ciub. Tom ß('·tz and Tom Gustafson were present. MOTION by Art Budde and seconded by Tom Nahan: To recommend to the Council the granting of a special use permit to Tom Gustafson and Tom Botz for a used car business. }íotion carried. The discussion revealed they are also licensed and insured fo~ start- ing cars. They agreed to clean up the site. . 7.. Jave pfannenstein previously requested that Lots 9 & 10 in Lese:>' s )th Addition be ~eplatteè to allow for building on an alley. Ihe square footage will not c~ange in the replatting. The lots are 110,.; 45 feet by 191 feet and ,dll be 91 feet by 95 feet. ~O!IO~ by Sister Kathleen Kalino"'ski and seconded by Art Budde: To recow~end to the Council that Dave Pfannen- stein be allowed to re?lat Lots 9 & 10 in Loso's 5th Addition located on 2nd Ave. 'è "C" ~ \ . ...... ) to provide t~o lots 91 feet by 95 feet. :lot ion carried. The ¡:leeting adjourned at 3:30 p.i::. Respectful~y submitte¿, ( . / / ..¡' - - , ~ , 1., -- . I u. " Sister Kat~leen Kalinc~5~i Acting S0cretary . , , . l~f-'n r", 0 . June 7, 1984 ~! '-" - --e- Pursuant to due call and notice thereof the City Council of the City of st. Joseph met in session on Thursday, June 7, 1984 at 7:30 p.m. in City Hall. - Members Present: Mayor Mike Loso; Councilmen Herman schneider, Bud Reber, Steve Dehler, Mike Husen; City Clerk, Bob Johnson; city Treasurer, Leo Sadlo. - Treasurer Report: A motion was made by Schneider seconded by Dehler to approve treasurer's report as presented. Ayes: Loso, Schneider, Reber, Dehler, Husen. Nayes: None Motion carried. Minutes: City Council minutes of the May 17, 1984 meeting were presented. A motion was made by Husen seconded by Reber to approve minutes as presented. Councilman Dehler moved to amend motion approving minutes of May 17, 1984 to include information that a reason for City deferrment of interest on part of the first assessment installment due May 15, 1984 on Clinton Village Addition was due to incompletion of the street surfacing portion of the construction project. The deferred interest is due with the regular second half payment on October 15, 1984. Ayes: Loso, Schneider, Reber, Dehler, Husen. Nayes: None Motion carried. ~ Board of Review Minutes: The minutes of the Board of Review meeting held on May 31, 1984 were approved as presented on motion by Husen seconded by Reber. . Ayes: Loso, Schneider, Reber, Dehler, Husen. ~ ~s;ov - &ZJvð cl Nayes: None Motion carried. S2~ f<rz.v r'eJV -fa -e Others Present: Deb Dorshorst, Courier Editor. Rental Housing Hearing - 8:00 p.m.: Robert Ahles - part owner (215 West Minnesota Street rental housing property). Robert Ahles or associates were not present for the hearing. (Certified mail had been dispatched and received.) Other persons present: Vince Manderfeld, Dr. William Klett, Ron Hartig, Lodema Klein, Mr. & Mrs. Henry Notch, Mr. & Mrs. Dave Pfannenstein, Roman Reber, Mark Loso, Leanor Roeder, rver Linnemann. Dr. William Klett presented slides of the residence at 307 Birch street West and rental unit next door. Complaints of loud parties, loud music, horns blowing, egg throwing, etc., were presented by persons in attendance. The rental unit at 215 Minnesota street West had seven complaints registered. A motion was made by Reber seconded by Schneider to revoke the rental housing license of the owners of the property located at 215 Minnesota Street West. Ayes: Loso, schneider, Reber, Dehler, Husen. Nayes: None Motion carried. Dave pfannenstein complimented Council for their action in this matter. The owner of the property at 307 West Birch Street was notified to appear at the June 21, 1984 Council meeting for a hearing on ordinance violation. e The hearing ?losed at 8:30 p.m. pfannenstein Lot Line Change: Dave pfannenstein appeared to discuss lot line change on two lots - Lot 9 and 10, Loso's 5th Addition. Planning Commission had ---.---. -. ---- ---- -, - ..- -- ... --- J 05 /1 L ¿¡ ¡ '-.ì . recommended approval of the lot line change from approximately 45' x 191' to approximately 91' x 95' lot size for both lots. pfannenstein presented a list of all residential properties fronting on an alley wi thin the ci ~y. Tract "B" _. would front upon the east-west alley. Question of need for hear~ng was exam- ined. A motion was made by Reber seconded by schneider to approve lot line change as requested per survey presented. Legal question of need for hearing to be determined. Voting for motion: Schneider, Reber, Dehler, Loso. Voting against motion: Husen Motion carried. Swim Program Changes: Due to the increase in registrations it became necessary to obtain an additional hour of pool time for instructions. (9:00 p.m. recess - 9:07 meeting re-opened.) Engineer Bettendorf: Engineer Bettendorf presented contractor payment No.4 for the Clinton Village Addition project in the amount of $44,577.47. The engineer reported completion of gas installation and soil borings. A motion was made by Reber seconded by Husen to approve payment as presented. Ayes: Loso, Schneider, Reber, Dehler, Husen. Nayes: None Motion carried. A request to extend completion date from June 1 to June 15, 1984 for Clinton Village project was presented by engineer. Approved on motion by Schneider seconded by Dehler. Ayes: Loso, Schneider, Reber, Dehler, Husen. . Nayes: None ~¡otion carried. Bituminus surfacing to be completed next week - weather permitting. The engineer also reported the error in scale on \'iaste'.'later PlaI"lt flow charts had been corrected, new copies have been presented to Council. st. Cloud Agreement: Copies of the draft agreement for sewage treatment from the Ci ty of st. Cloud were presented to Council for revie'.'l and study. APO Population Projections: Copies of an APO update of projected metro area popula- tions through the year 2010 were presented. City of St. Joseph projection for 2010 a~ 3,794 persons does not include abutting areas of annexation. Well #2 Report: Engineer report of Well #2 rehabilitation presented. Removal of scale and iron- acid and chlorine treatments completed. Yield has not yet been improved. Final action will be use of compressed air. Drainage Problem: Drainage problem at corner of Birch and College Avenue re-examined, Engineer suggested grading as possible solution. :)t. Ben's i>¡eeting: A "Waste\1ater Systems Conference" with St. Benedicts has been tentatively set for June 25, 1984 at 7:30 p.m. in City Hall. ·."~'.-:e::' :3yst~m Valves: E~gineer recommended a program of replacement of broken valves . ~n C:ty water sys~em. 2ills: A motion was made by Schneider seconded by Reber to pay bills as presented. - ----- Ayes: Loso, Scrilleider, Reber, Dehler, Husen. Nayes: None ~otion carried. 0':,/16/98 13:30 % 6122520992 JEoroe= De') Fir 132 .- - CI1.'Y OF ST. JOSEPH 21 First A.enue Nonb.cst PO Box 668 St. Joseph, MN 56374 32o.J63-7201 DEVELOPMENT lŒV1BW APPUCATION ApoJican1: James Development Firm. In ::;Owner: James Development Firm, In '" Address: 1257 2nd. Sf. N. Addrøss: 1257 2nd. St. N. Sauk Rapids, Minn. 56379 Sauk Rapids, Minn. 56379 .- Telephone rN'J: 320-252-2528 TeleDhone (H): 320-252-2528 Dal6 fe6 ff1CeiVed . PETITIONER. MUS" ÞROVICe TME FOLLOWING · A list of all property owners wfthln 350 feet at the boundaries of thet property. ( This list must be obtaIned from the Steams coumy AUditors Office) · Seventeen full size folded COPI8$ of the plane . · Payment of all associated fees must be made In full when appllc:atlon Is made. ThIs application must be completed (n full and be typewritten or deel1y priflted and must be accompanied by aJllnforme1lon and plans required by applicable City Ordinance provisions. Before filing this appllcatlDf'J. you st10uld confer with the Planning Oepartment to determine the specifIc on:linsnce and procedural requIrements applicable to your Bppllcetton. A detemllnatton of completeness of the appliC8t.lon shall be made 'lVithln ten buslflOSS days of the application submmal. A wrftton notice of application deflclenc.tes shall be mailed to the apPUcant within ten business dep of eppllcaUon. This Is to certify thst I am making applicatIon for the described action by the City anð that I am responsible with all City requJrements with regard to thIs request ThIs application Should be processed In my name and I am the party whom the City 5hoIJId contact /'Ðgsn2lng any maner p9l1ainJng to this application. I have attached a copy of proof of ownershIp (efther copy of OWner's Duplicate Certificate of Title. Abstract Df Title or purçhase agreement), ot I am the 8uthOI1Zed person to make this application and the fee owner has also signed this 8PpllcøtJon. Signature of Applicant Oete /~ZL /~~ ~ - !9"',2? * /t '·.///L . ~;;~ ate ¡; ~ /1' ~?~ " -. PROJECT NAME: LOCATION: LEGAL DESCRIPTION: see attached LOT SIZE: PRESENT ZONING: RE UESTeO ZONING:" PRESENT LAND USE DESIGNATION: R5QIJESTED LANe USE Residential-Assisted Living Facility DESIGNATION: SETBACK REQUeST: r REASONS FOR REQUEST: front yard setback. This is a good use of the property with respect to the neighborhood use, AREA REQUIRED BY ReQue.ST~D BY VARIANCE ORDINANCE ORDINANCe. REQUESTED Front Yard ~ ) ) SIde Yard . Rear Yard J 1 , O~n Yard F'andnCl 1~ '.3 Accesf,Ory Blða Size /"\nn.:> '01\,111<;1 Lot Coveraae FINDINGS OF FACT: SPECIAL CONDITIONS: . ... -~ .. . D J:1,1j J:::-r 71'·0" +/- 0 If' j , in 199.95' .... \ SO'-O" 15'-0"1 \; 12'· 0' t .ø. f J N ..... .... 118'· 0" .... CI .... . ø - - co rG ..... GI CI fD N 0 >< ø , lot) ~" ëo N .... .... u) ~ ..... N .... ..... &ri - - ..... CO') .... N .... rG GI ( " ./ ) CI (.) N >< :i ~~ "10'-0" fD I .... (.) 11 :i "- .. "' Sldew81k'" : CI 30'·0" b , ø , CO') ~ N - 210.36' . 91' at AVE. Scale 1" = 30'- 0" -·t '- ~ " '~... # ,... ~~ Jf'~'p .- ~. 'f~ - 'I~ . f 'f~ ~ ~ }} «fJ / .tJ I ". , , · ' ~ r :) .' .- -; .o~ \ f ~ " 'I ~ \ ~ , ~ .." \~j'(. ~ .( /~ I ( ~. 4~~ : ,- /~" .('.~ I \:" ~ ....." J' I'"~ ".).1 '. ,,(. 1- , J . , , . , \ ·1 \ . . ~._-- ~ ..- - ~ - ->- , , ("' 'ï v ,. .' .' ., - " . , " ,'" .,-: \ \ '- ., \ r: f ,. J . '-'- ú '. ·r.J' I. ~-J- ~,:t~ ,.: ~\ . . t~_/" \ I\J , i~ ~. '~~ t·~. - '.. ~, .' · #.' ¡'. , · % /Ut! ~ J, '~ ~ . " \ . '. . ' I . . ~. l \. . , . ~ .- - CITY OF ST. JOSEPH 21 First Avenue NW 0 City of St. Joseph Planning Commission - T . P.O. Box 668, . St. Joseph, MN 56374 (320) 363-7201 FROM: Ron A. Euteneuer, City of St. Joseph Building Official Fax: 363-0342 DATE: June 29, 1998 . RE: Preliminary Building Code Review Project: Assisted Living - Housing & Services for the Frail Elderly MAYOR Developer/Owner: James Development Firm Inc. Kenneth J. Hiemenz 12572nd Street North, Sauk Rapids, MN 56379 CLERK! Building Occupancy Classification per 1994 Uniform Building Code: ADMINISTRATOR As presented the proposed project is an I-Division 2 - Nursing home for ambulatory Rachel Stapleton patients. Allowable Area: COUNCILORS Table 5B of 1994 UBC allows an 1-2 building of type V (wood frame) a maximum Bob Loso Cory Ehlert allowable area of 5,200 square feet. As presented the planis 14,045 square feet. *note: Ken Twit The building code allows for area increases through the use of open sides around the ¥iedenfuer perimeter of the building and/or area separation walls. The plans do not indicate this open area calculation or any area separation walls. Fire Protection Systems: Section 904.2.6 Group I Occupancies. An automatic sprinkler system shall be installed in Group I Occupancies. The City Fire Chiefwill need to review and approve the plans for Fire Department access including location of fire hydrant(s), and location of the alarm system annunciator panel. The following items will need to be provided to obtain the building permit for the above mentioned project: 1. . Site plan approval by the City Planning Commission including the variance for building setbacks and parking. 2. A properly prepared set of plans and specifications completed by an architect and engineer licensed to practice in Minnesota. 3. A schematic/isometric set of drawings indicating the plumbing layout and fixture schedule for the building sent to the Minnesota Department of Health for approval. . 4. A set of plans prepared by a licensed fire suppression sprinkler system contractor and sent to the State Fire Marshal's office for review. . . ~ .- ASSISTED LIVING . Housing & Services for the Frail Elderly St. Joseph, Minnesota . Developer/Owner James Development Firm Inc. 12572N . St. North Sa uk Rapids, lVIinnesota 56379 320-252-2528 . June 17, 1998 , . . Mission Statement . "To provide housing, with services, to frail elderly citizens in a modern facility, with trained & caring staff in a manner most supportive to the independence and dignity of the residents" INTRODUCTION What is Assisted Livin2? Assisted living consists of services provided to frail senior citizens needing help with activities of daily living. Assistance is provided, as needed, in areas including food service, dressing, personal hygiene, laundry, maid service, transportation and personal security. An essential part of the service provided includes social and emotional support to the resident. The involvement ofthe resident's family and other members of the community in daily activities contribute to the social and emotional health of senior citizens. Assisted living care is increasingly viewed as a cost-effective alternative to a nursing . home. In some cases, seniors needing supervision and support, but no medical care have been placed in nursing homes. These seniors would be better served in an assisted living home. In addition, through the use of home health agencies, nursing and medical service can be provided in an assisted living setting, thus preventing transfer to a nursing home. The Assisted Livin2 Market Dramatic demographic factors account for major expansion of the assisted living industry. The 1990 United States Census reported a population of 3 million adults, age 85 and older, with a projected doubling of that number to 6 million by 2010. The number of seniors needing assistance with daily living is expected to reach 13 million by 2020. Changes in family composition, lifestyles, philosophy of care, and family income all add to the growing demand for assisted living services: . More adults are Iivin2 alone. This is due to the choice not to marry as well as higher divorce rates during the past ten years. As this population ages, assisted living services may replace the care a spouse could have provided. The number ofseniors who live alone is expected to increase . by nearly 150 per cent between 1990 and 2030, from 12 million to 30 million. 2 . . .. .- · Families are more geographically distant and children are less able to care for an aeine parent. In many cases children cannot care for an aging parent, as the adult children are more likely to be working out of the home full time. · More seniors are financiallv able to purchase assisted livine services than was the case ten years ago. This will be true in the future as more seniors are retiring with pension plans and other forms of long term income. · Assisted living is viewed as more acéeptable as the facilities have become less institutional. New assisted living homes are viewed by both the senior citizen and adult children, often responsible for placement, as a more homelike place in which to live, thus preserving the independence and dignity of the aging parent to the greatest degree possible. · According to the Health Care Financing Review, of the estimated 1.6 million nursing home patients, 60 per cent could receive more appropriate care in an assisted living facility. While the nursing home industry will make efforts to respond to this market shift, most nursing homes will be unable to provide the homelike setting now demanded by the private pay market. · While Medicare will pay for long term residential and nursing care, the program does require seniors to "spend down" their assets prior to . receiving Medicare assistance. Many seniors will choose an assisted living facility as the facility of choice during the "spend down" period. The assisted living industry will more than double in size in just over 30 years. The current annual estimated revenue for assisted living services is around $12 billion. Revenues are expected to increase to around $18 billion by year 2000 and $30 billion by 2030. Our Assisted Livine Philosophy We will do everything in our power to encourage residents to maintain their independence in every way possible. We will encourage frail seniors to participate in their own care. This will include doing personal laundry, housekeeping, and assisting with lawn or kitchen duties within their interest and skill levels. Residents will be encouraged to participate in the community and members of the community will be invited to visit Caring Hands. Resident's family members will be encouraged to participate in the daily life of the facility. . 3 . . . We will offer a full range of services, but will provide services only to the extent -. needed by a particular resident. We will have a full dining room offering three meals per day. Frequently residents will spend twenty-four hours per day in the assisted living home. Thus, we encourage resident participation in the many programs and activities available designed for physical, social and emotional health. We will have staff responsible for planing and implementing such activities. Community involvement in our facility will be encouraged. This will include family, church, organization and individual participation. Such involvement will be a primary marketing tool as the community will know and understand what we are accomplishing and our residents will be enriched by the experience. Assisted Livin2 Services Meal Service. Meals will be served, restaurant style, in the dining room. Residents will choose . from two entrees for each meal. A private dining room will be available for special occasions and private parties. Three meals per day will be included in the basic monthly fee. Guests are welcome and will pay a fair meal charge. Meals will be planned by a dietitian, prepared by our cook and served by our staff. Laundry & Cleanin2. Linens and towels will be provided, cleaned and changed once per week. In addition, staff will clean a resident's living unit once per week. Laundry rooms, with free washers and dryers, will be available to the residents. Staff will assist residents with personal laundry as may be necessary. Residents will be involved in the activities of daily living to the extent possible. . 4 . <. .. - .- Activities. . Our Resident Director will plan and implement a full schedule of activities designed to encourage: · fbysical Health · Social interaction · Emotional Health · Spiritual Peace Home Health Care. Our staff nurse, RN, will evaluate residents on a regular basis, participate in care planning, monitor services provided and recommend alternative housing or treatment plans. . Home health care as needed, will be available at additional cost, to each resident. We will facilitate the scheduling of home health care and will make office space available for home health care professionals' in our facility. While we will form a working relationship with an area home health agency, a resident always has the right to select the home health care provider of choice. The Building. The facility is designed to serve the needs of the frail elderly. The building has abundant common space including a large commercial kitchen, dining area, space for activity and exercise space, a beauty/barber shop and lounge areas for reading, visiting or card playing. We will also build a special room for a grand bath, which is a large therapy bath, with whirlpool jets, allowing a resident to sit in a chair while in the bathtub. Resident rooms are large and include a handicapped assessable bath in each room. The building is a 14,045 square foot, slab on grade construction, wood frame building. . 5 ~ . .- James Development Firm Inc. l) Company Resume 2) References J.) Professional Staff . James Development Firm Inc. has the experience and staff to complete the proposed project to the complete satisfaction of the City of St. Joseph. We feel there is a need for assisted living facility in St. Joseph and would like to work with the City in the development of this needed community service. . . . .- Jame6 :J)ellefopmenl Jirm, Y-nc. 1257 2.1 Street nor/~, Suile #201, Sau~ f<apÚð, minneðola 56379 320-252-2528 :lax: 320-252-0992 ~ - ..< .0 - - -.. __ ~ rJam,.1 .2>,v,¿pm,,,¡ .2';'61.. ß"c. waJ formed t'J Ra~i s:.iml"lz Jut¡ 14, f 994. prior /0 forming tl..iJ corporalion, Ralph waJ preJïdent o/Scl..milzYornof/icl.., Jb. /or fourteen 'JearJ. A a ::Developer and Buitkr, Ralph Iuu teen involved in tlw conðtruction 0/ ðiru¡1e ßum4 IwmeJ, '., condomini~, townlwuJeJ, commercial projeclJ and multi-fa,m4 lwuJiru¡ unitJ. Ralph Iuu prof/ïdeJ a JtructureJ pall.. to COnðtruclion lor Ilh ClwnlJ in llw paJl, and Iuu goa¿ to continue Il..iJ tradilion 0/ excellence in llw /uJure. REFERENCES :Jinancial.!),ulilullonJ STEARNS BANK. DENNIS HANSON. 419 I 2ND ST. SO., ST. CLOUD, MN 56301 (320) 253-6607 AsSOCIATED COMMERCIAL MORTGAGE, 200 I S. WEBSTER, GREEN BAY WI (920) 435-1 151 . Conlf'aclof' I<!fl!s,.eflCflJ BERTRAM ELECTRIC KEN BERTRAM (320) 685-8943 HANSEN CARPET GALLERY WENDELL HANSEN (320) 253- I 77 I BARNABO BUILDERS LARRY BARNABO (6 I 2) 490-5543 STOCK LUMBER MIKE SIMON (6 I 2) 454-4985 Civic .!),wo/'ulmenl ST. CLOUD/SAUK RAPIDS CHAMBER OF COMMERCE ST. CLOUD HOME BUILDERS ASSOCIATION Compan,AcliBIIBmBn16, Stdl anJ Accomp!ï6lmBn/6 .No LEGAL/COURT CONFRONTATIONS AGAINST JAMES DEVELOPMENT FIRM, INC. OR SCHMITZ KORNOVICH. INC. IN THE HISTORY OF THE COMPANIES (OVER 20 YEARS), .KNOWLEDGE IN TAX CREDITS, ASSISTED AND ELDERLY LIVING .Top NOTCH CONSTRUCTION MANAGEMENT TEAM .ACCESS TO FINANCING .FLEXIBIUTY, CURRENTLY WORKING IN A SIX STATE AREA .PROUD OF A RESPECTED REPUTATION IN THE AREA AND THE INDUSTRY. .PROVIDED OVER 3.000 UNITS OF HOUSING TO FAMILIES IN A FOUR STATE AREA, .SUPPLIED EMPLOYMENT TO THOUSANDS OF FAMILIES OVER THE YEARS. . We ~ave dedicateJ ourðelveð to that traJitional American teAe! tkat ¡kere ið no ðutJlilute /or hard wor~, I..oneðl deaAn, and /air value. f¿lpl SCllllilz, prfl6ïJ.,.1 .- Reojume: Jameoj 2Jellelopmenf :J.irm, y.nc. OVER 200 SINGLE FAMILY HOMES TAX CREDIT PRO.JECTS CONTINUED 60 UNITS OF CONDOMINIUMS/fOWNHOMES 72 UNITS - CHAMPLIN, MN MOTEL (29 UNIT) 15 UNITS - SAUK RAPIDS, MN TACO JOHN'S RESTAURANT I 6 UNITS - ST. MICHAEL, MN DAY CARE FACIUTY I 20 UNITS - FOREST LAKE, MN 45,000 SQ. FT. OFFICE/WAREHOUSE 8 UNITS - FOLEY, MN 12,000 SQ. FT. STRIP CENTER 48 UNITS - ALEXANDRIA, MN COMMERCIAL LAND DEVELOPMENT 48 UNITS - WILLMAR, MN RESIDENTIAL LAND DEVELOPMENT 72 UNITS - NORTH MANKATO, MN 12,000 SQ. FT. OFFICE, SAUK RAPIDS 72 UNITS - BLAINE, MN 12,000 SQ. FT. OFFICE, SAUK RAPIDS 48 UNITS - FOREST LAKE, MN 3,200 SQ. FT. OFFICE, SAUK RAPIDS 24 UNITS - ST, CLOUD, MN 3,500 SQ. FT. OFFICE, SAUK RAPIDS 48 UNITS - ROCHESTER, MN 3,600 SQ. FT. OFFICE, SAUK RAPIDS 24 UNITS - ST. CLOUD, MN 3,200 SQ. FT. OFFICE, SAUK RAPIDS 72 UNITS - CHAMPLIN, MN 6,800 SQ. FT. OFFICE, ST. CLOUD 30 UNITS - BUFFALO, MN FARMS & MERCHANTS BANK, SAUK RAPIDS 2 I UNITS - ST. CLOUD, MN . CONVENTIONAL APT. UNITS 68 UNITS - COON RAPIDS, MN 3 12 UNITS, SAUK RAPIDS, MN 30 UNITS - WACONIA, MN I 2 UNITS - CLEARWATER, MN 15 UNITS - ST. CLOUD, MN 23 UNITS - MILACA, MN 45 UNITS - HINCKLEY, MN 80 UNITS - ST. CLOUD, MN 90 UNITS - ANOKA, MN 64 UNITS - SAUK RAPIDS, MN 75 UNITS - ALBERlVILLE, MN 57 UNITS (UPSCALE) - ST. CLOUD, MN 48 UNITS - YOUNG AMERICA, MN ASSISTED LIVING UNITS 48 UNITS - HUTCHINSON, MN 20 UNITS - SAUK RAPIDS, MN 42 UNITS - GLENCOE, MN 20 UNITS - WILLMAR, MN 48 UNITS - SHAKOPEE, MN 20 UNITS - INVER GROVE HEIGHTS, MN 48 UNITS - WILLMAR, MN 20 UNITS - BLAINE, MN I 8 UNITS - ALEXANDRIA, MN TAX CREDIT PROJECTS 48 UNITS - CIRCLE PINES, MN 72 UNITS - HUDSON, WI 24 UNITS - ROCHESTER, MN 65 UNITS - HARTLAND, WI I 6 UNITS - ST. CLOUD, MN 24 UNITS - ELLSWORTH, WI 48 UNITS - ELKHORN, WI 96 UNITS - GREEN BAY, WI 39 UNITS - ONALASKA, WI (AsSISTED WITH) 138 UNITS - DES MOINES, IA 36 UNITS - MARINETTE, WI . (AsSISTED WITH) 72 UNITS - SIOUX FALLS, SD 16 UNITS - SPRING VALLEY, WI 296 UNITS - COON RAPIDS, MN 40 UNITS - PELICAN RAPIDS, MN 1 20 UNITS - MILWAUKEE, WI . .- . " PLANNING OFFICE April 22, 1998 (320) 255-7218 To Whom It May Concern: As Assistant Planning Director for the City of St. Cloud, I have had the pleasure to work with different individuals from James Development Firm. Individuals associated with James Development Firm are experienced, knowledgable, professional persons, James Development Firm has constructed and are in the process of constructing multiple housing in St. Cloud. I would recommend James Development to any community with which they may be . associated. \. .' , ~If~ Gerald Hengel Assistant Planning Director GH:vp , ;1' 400 2nd Street South · SI. Cloud, MN 56301-3699 FAX: (320) 255-7293 The City of Sl Cloud, Minnesota will not dlsçrfminate on the basil 01 race, color, creed, religIon, national origin, sex, disability. age. maritaf status, status with regard to public asaIstance, familial status or sexual orientation. Upon request, accommodation will be provided to alloW Individuals with disabilities to participate In all city services. programs ~~ . , HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY ,) @ 111 Hassan St. SE Hutchinson, Minnesota 55350 (320) 234-4251 · (320) 234-4235 FAX: 320-234-4240 eQUAL HOUSING , OPPORTUNITY November 3, 1997 Mayor Rex VanWert 703 Frank Ave Grunde Center,Iowa 50638 Dear Mayor VanWert: I am writing to recommend the services of James Development Firm, Inc. as a developer of a project for your community. Ralph Schmitz, of James Development Firm, Inc. developed a 48 unit tax credit project in Hutchinson in 1995 and was a delight to work with. . The project complied with all City of Hutchinson building and zoning requirements, the ) construction was good quality and the finished project is an asset to the City's housing stock. In October, I contacted Bruce Bonebright and Ralph Schmitz asking if James Development would be interested in putting a proposal together for student housing in Hutchinson. I contacted James Development because of their reputation for.quality, professionalism and efficiency in building their previous project in Hutchinson. If you have any further questions regarding James Development Firm, Inc., please do not hesitate to contact me directly_ Sincerely, qum pJþlL Jean Ward Executive Director cc . Ralph Schmitz ~ James Development Firem, Inc. , ~ - ) SHAKO PEE I - Oetober 29, I WI , Mayor Rax Van Wen Cif:Y at Orumdy Comezo . 703FAVCIIUC Gmmdy Cemer, Iowa 50638 Dear Mayor Vm Wert: rve becI1 coøtBcted by R.icbard IJeIpIoG of James .Demopmeut ~ . þtOposa1 that he has In your eolDmuuity. He uJœd that I relate to you our aperieDce with James Development. in Shatopee. James Development Firm was the developer of lID appoximsœ 100 UDit mrtI18¡)11b4edt eomplex In our City. CoIlltrUC1lon took ptacc JD 1993 ID4 1996. aDd bu btca oocupIe4 aw about . year. ~ As Is oftal1be cae when . mull1-famIly mnal complex goc:a In IIdJICCn& to IiDSJe 1IunIJy mø1Dg, a sfgnUicant amount of œncemI w«e mlIed by tile ødJtln¡ rJeløltbøø. However, JIIfDa J DevoJopntaa wmked with tile City to raolve IIIIhC iaues 1bIIt could be rwolved. They were vezy ~ and I believe overall the Clt)' b SIIbfIed with 1heIr ft,tf.&M product. JImeS is in the process of doing a second 96 unit rental de\teIopmeøt In another area of our City, paJdiDglaOlutioa or IOID8 unrelated Issues. Iø geneza1, 1 Would aive lamet Development. wry J'OISÌfÍ\'8 report. If! can be oCtbrtbet servioo, pJeue oontlletme at 612/445-3650. S~.l ?le1:! Marl MaNeiU City AdminJIU1ItŒ MM:tw . Cø.o.roNrrt PmœSN:s J8Sl ,» ttøw.1InIt 1auIh· ~ Þe. _1.1 . :II31'J.1" . W tø 3II5Ø . 'AX f12-4tHrJ. ~ '.) - ......- - .. -.- . VILLAGE OF ELLSWORTH 'J "The Hub of Pierce County" 130 N. Chestnut Street P.O. Box 478 ' Ellsworth, WI 54011· Clerk-Treasurer's Office (715) 273-4742 '" , .... :: . ',.., Stree·t & Wåter Department 273-4644 FAX Number' , 273-6460 .. '. :.. ~.:. . sewage Disposal Plant .' 273-4309 . , . .... .,.. -. ." . '. . ... . . .. . . .'". '. . " ... ,. " '. October 14, 1997 Dear Reader: As chairmâJ.'1 of the Finance Committee for the Village of Ellswort..;, it has been my privilege to work with James Development Finn and its associates. I was contacted by' Richard Helgeson in June of 1995 regarding the feasibility of a "Cottages" project for Ellsworth. We set a committee meeting to hear his presentation, which was quite , impressive. Full board approval was secured and the project set in motion. Our conunittee' assisted in site selection, established a T.I.F. District and supported the project by initiating local contacts, etc. . I must say James Development Finn and its associates were very professional in all aspects of ~. ) the project. Ralph Schmitz, Bruce Bonebright, and Richard Helgeson were a pleasure to work with from start to fInish. Together we worked through any obstacles that arose. This project was a defInite necessity in Ellsworth, as it opened the doors for senior housing and made homes available to waiting buyers. The project has received positive reviews by our community. I can personally attest to the quality of the units, as I have relatives and friends living there. Anyone having questions or concerns regarding the aforementioned fIrm or the "Cottages of Ellsworth" project may contact me personally. Sincerely~ ry/~/ll~ Kenny Manfred, Trustee Village of Ellsworth . ~ KM:mjb . H-'!<-4M-l ':f.:t ~: 4:) loll Y ~ I<H'" 11~ - . a~ ot sauk Rapids , "S Nonh 2nd ^ve.. $auk Rapids. MN 56379-J66O (612 251·1022 Fax 2SJ-of22 . I . April 20. J 998 Re: James Development Firm To Whom It May Concem: As Building Offidal for the City of sauk RapIds. Minnesota. I have had the opportUnity to worle with the James Development firm since the early nineteen eighties when it was named Schmitz-Komovich Construction. The have extensive experience in multi-family. industrial and commercial construction in the Cenrral Minnesota area. In addition to the re-development of a large part of the downtown business district in Sauk Rapids. they have built appoximately fifteen apartment buildings In the city and just recently completed an elderly . assisted-living facility. I have found them professional, courteous and cooperatiVe In \ my dealings with them and trust thIs attitude carries Into the other communities in ) which they conduct business. .... IfJ\. Building OfficIal MN J 549 . ~ ::J TOTR.. P. 01 ·BAYER U :'1 T INC. . December 19, 1997 ~ James Development Co. 1257 2nd St. No. Sauk Rapids, MN 56379 Jim, As a national supplier of millwork products, we have the opportunity to work , with many fine companies. The people at James Development exceed in I wor~ ethic, fairness and honesty. They set the standard that others strive to attam. I . I We are proud to be a partner in the success of James Development Company and look forward to a long and mutually rewarding relationship in the future. ) Randy Kosloski I Commercial Sales I Bayer Built W oodworks Inc. I . ... . .. . . : . . " - :. . . . ".-. .. . .. . .. . . , . .' .., . . . ~ ...... j 24614 U.S. HWY. 71 BELGRADE, MN 56312 (320) 254-3651 FAX 1-800-644-1000 ......:'....... ï2ïïžiši"··' ïš :·òš"··..· eï' äÖ7' 'ä9Š' ·ššš4'············,·, 'tRÜŠŠ' ŠPËëiÄLÏST' ........'. J,œ:; ):)m¡Pp~ ':.' f¡¡'ò.öïïò·óï···'···.... . . --- ... . . lOOcm . 1 . . Hwy. 14 & 61 North, PO, Box 171 La Crescent. MN S5947 (507) 895-8400 · FAX; (507) 895-6554 · Toll Free (800) 328-9659 We first did business with James Development Firm, Inc. in 1997, and we couldn't be more pleased as ther have been professional, organized and have been sensit1ve to our needs as a vendor. ~ Dean Ashbacher President and General Manager Truss Specialists Inc. . e·: ) .- ; . "Large enough to serve your needs. . . , ~ .;./ small enough to care. " 1 12/17/1997 03:44 612-253-0149 HANSEN CARPET GALL PAGE 02 . , ~GAuERY .. J . Box 954 .2115 Division Street St. Coud, Minnesota 56302 : December 17. 1991 Jame. Development Fi~~ 1257 2nd Street Horth Sauk Rapid., Minnesota 56379 Dear Mr. Schmit z; Hansen Carpet Gallery has been suppling floor coverings - and installation of those floor coverings to Jame. Development for ~any years. We have enjoyed working - with everyone at James Development. ) James Development has a positive attitude towards their job quality, design. and job-site safety. It bas been a pleasure to do business with James Development. We hope to be thèir floor covering supplier on future jobs. Sincerely, 1tJ~ AQAV)~ Wendell Hansen President . Yo", P~rso"tllIutl Floor Store &- Morel , 1·800-887·1771 Fax (612) 253·0149 (612) 253-1711 . . ..-. .- --.. .--' . . . . ... 2 . . .. .. . . ) . . :" .- ..... .' '.' -. . .. .. .~. ": .\,". - , . " ., ~ ., . . . .. . . . >Jamø~ 7>~II~Io#'fIøïií :J~~~';.J~~.':'~:", 0' .. ;. . . . . ; . . ..... .,' ~ ~ ': .~.:~ :1:" ., ··r ...... . ~ ., 'f ..... .J . , . .. .... .....~ .-:. . .. . 1257 2 . SI,...' rioI'll, .Sail.. #~o 1 . SaM~ Røpüll· fflituulolø 56379 320·252·2528 Fax: 320-252.()992 ~_._---~. .. - .. .__._._._--~_._.... -.- . To whom.it may concern: James Development Firm, Inc is a member of the Better Business Bureau. If anyone needs information about 'credibility on the company, they should call the Bureau. Better Business Bureau 2706 Gannon Road - St. Paul, MN 55116 - 612-699-0011 ) Also: St. Cloud Chamber of Commerce 612-251-2940 Central Minnesota Builders Association National Association of Home Builders St. Cloud, MN 320-251-4382 Ralph Schmitz President . . " . .~; :... ;,.)..{.:....'.., '.' \i,\:';: ., ,..,.' "," . "<.::. ": ~~ :"" ,;}, .: :,:'~:/~,;i%:¡:;f\; n:,;}¡ 'i: '.: :,¡~, t ·Á....·..·· . .'. ' .;.. .", .:. .\' :~..'; ;'~.~-'¡' '.!! ,.,.... .' li,~·¡. }.;'-"~' ·!····..·j:!t.,:~f,'~:, ;,:11 \.t-;.~.,:; ·;·'S>;ì·h:"~':.('::' !:~.t"I.~ t~~- '/ .¡ ..... \'..," . . . . . 6..·. .".... ....- ! '/. ,.-... "':::""1 :') "~'r~I",,' 'i"';)" ",.., -roo'f'.): ~ -rl_ I", ~"'·~t.:.,;,,·:,;,ri.";~''¡'~';· ) '" ,,: ,,' ¡ " ..' ' ,.. ..~, C:', "J' ,"'. ¡>", "." ,", " ,'~. . "", "', '{( '>:M.!'(-'¡ 'il1')'" .< .4.' "'1"":> ';..\ '~1~"" '.. r'~"" -, I... 0. .. . .. . ".I" I::\,J'~; 'J.' ...... k :.~. "~I !'.;'': '.: '''.4 'J'. 1.' 'I:J:... .... '-.!.......:. I."'~' . .~ 't }' \ \ J:. 3t" . "...... I ...L :~'. "..~ ~.~~... ' ~.···A·. ,. . ;~·:{.~r;\?': :~. :; ..;' . ;.. '. ~- ,¿.. :. ,:../ .;/~:f f..!;~·1;::.hl[ft.~~~;\~}~ ~:t~¡:~:;1t~~:~rhí:{.~I!~ir ~ ~ ~fi*\·~~~~~~P.~i{'W~:Ð%~r. ·t¥tf~t: ; ~;.~-:;:':'.'.< 0 . .". ..: :._ '.. ~ ..' . .:'. ~~: ~; .'-.~::~ -/j .)~,;.: /7~;;:J:">''{~~·;·.:··:!:·· ~;::~;r'·;~<~:~7f~:~'f~â~· . !1:t.', ;·~·:~:\(¡!'f.U{/fÏ:t'/·i~i;t{;·¡~/, ;,{/ ~ .., ~;.{.I'.~~.~...! ';. . ..,.. ... . '..<.1: ..... "', '.. ··H··.f¡~·,1,>l,¡i: :.ì'!~·:,,,:r.·:: ¡,k:"\J~/:J~ :i!,!ok{~~;..'t.J' , ~t(~~~}J<·~~;~;.~~L~}),JJ;~~~t· /{.: . ..' ·L· .,..... .. . . '. '. ....., , .,......,.. ;.--.f.·.''-·.'t')·..··..·, . 'I,' r"·"'¡,ir__1J'·. 1..!iJ·..·,'\.l··,Å·!·~,· ,"''',·r('''\'~¡JI;...i ..'. . . . .~'. (~"..:. ¡.. . : .~~.: '. '. ~ :. ~ ....:; .,,', ;_:'~~: : /::-.'. \: :;:,:'::..1;: ..~..:~.....,::~:~ r-£{::~;..:. '.:~~;£:..d1~~~~~!¡~:~~¡~'::·.::: ~~¡;>-i u· ·:~t~:·~/-t:>~')-.r:~{;:·:;;,; . . '-. \ . ;',:.'. / ~'. " t--'. "'1.'. -:.\ ~'X :- ,'. '1.",. ~ ~ 'I '..!".. . .ç'/....t·r...~}"J.. ..1,7 ;i~ '1.1' .. " ~:"l. ¡....: !,i s.~~..\. Tr, 1-:', ~ l.':i""¡Ä,~'"' , ,;.' '.' ,.... .·c:.~·.....: ....:~¡:.: :>,.:: :::. ::.!>~:~..~....?..\J),~: ··-r~N;V,X~:¡t./:(C~:'({:·~t<.~::/:;·).;:~~.·;'.'·.~}J¡~~;~{~. . Jame:J· J])evelopmenl :Jirm, .!}nc. . 1257 2..1 Street rJo,.tl, Su.ite' #201 . Saut RapüL minne40ta 56379 320-262-2628 Fax: 320-262-0992 ~ " ~.~."'..,,-- ......-.,. ..... '._.....,-., ,.......... .._,:~.- -.;..~~~_"""'._..,. -.. -- ,............"., .....;_..........~...._ - '"., '" -.,., ..-...---"..,.,..'-ð ._0'';'''''''' . '- _::....~:-.._..,.., .<'.'-,....." ....,-".,. ....~.,..:....., '......... ,-.-,,_..., >-.,--.,,~ ""', ........, ,<>.--,.., ...."'.........,.... ,..'....,;A James Development Firmt Ine. is a General Contracting and Development finn located in Sauk Rapids, Minnesota. We were incorporated on July 14, 1994 which is the same date our company was fonned, and we presently have a staff of five people, including Ralph Schmitz, President. .Lt Raloh Schmitz. President Age 48 Prior to forming this corporation, Ralph was President of Schmitz Kornovich, Inc. for fourteen years. Prior to Schmitz Kornovich, Inc Ralph owned his own construction Company for 4 years. As· a Developer and General Contractor, Ralph has been involved in the construction of single family homes, condominiums, townhouses, c~)Inmercial projects and multi-family housing units. Ralph has provided a structured path for his Clients in the past, and has goals to continue this tradition of excellent in the future. As a company, we have dedicated ourselves to that traditional American belief that there is no substitute for hard work honest - dealing and fair value. - Ralph is directly involved in all major decisions that are made within the Company. The following are different phases that are done within the Corporation that Ralph feels are Major items: Land selection-Land negotiations-Land purchase agreements-Environmental issues-Appraisals- (buyer -seller contracts) Applications for tax credits to the States-Reservation -carry overs-cost certifications -8609 forms-all Company Mortgages and notes-Title insurance paperwork-building and company insurance-oversee bidding process of projects-monthly budgeting and cash flow. Ralph understands very well after 20 years in business that losing control of your business because of being to busy can be serious problems, and that is why Ralph feels he needs to be involved in all major phases of the business. Also if Ralph feels that if there is anything of importance that is not clear, he consults with his attorney or and accountant. Jim Schmitz. Vice President Age 25 Jim Schmitz has been employed by James Development Firm, Inc. in the construction industry the last 2 years plus has worked for Schmitz Kornovich construction for several years prior to that. Jim's duties are assisting Ralph in the everyday duties, plus the bidding and coordination of certain projects that are assigned to him. Jim also is getting involved in the administration of the Company for reasons of the future. .' Sandv Benoit. Administrative Assistant . Age 37 ~ Sandy was employed by Ralph in May of 1985 (when Ralph was President of Schmitz Komovich, . At the time she was a graduate of St. Cloud Technical College and had five years of secretarial experience with Century 21 Granite City Real Estate, which then was the largest real estate company in St. Cloud. When employed in 1985, she received extensive persotlal training by Adam Jaskowiak, our Certified Public Accountant and completely transferred our bookkeeping/accounting procedures from a manual operation to computer. As "percentage of completion" accounting is one of the most in depth methods, the past eleven years has given her extensive experience and knowledge of accounting. She has grown with Ralph from residential building to the strictly commercial and multi family construction that is now James . , Development Firm, Inc. Sandy is solely responsible for logging and tracking of accounts payable on all of our projects. She is aware of the anticipated cost for all phases and applies each individual invoice as the work is completed and payntent is due to the Subcontractor and calculates retainage where necessary. She is an authorized signer on our checking account, and is cautious to make sure lien waivers are obtained for all payments made to Subcontractors. She is responsible for preparing monthly construction draws, keeping accurate records of Construction Loans as well as Buyer equity, and efficiently can report on a moments notice what the Buyer has invested . in the project to date, the balance of the construction loan, and the paid and unpaid project costs to date. Detailed monthly income and expense statements are prepared and reviewed in depth with Ralph Schmitz. Responsibilities also include general office expenses and payroll, payroll withholding and payment of all payroll taxes and quarterly reports. She works with construction contracts, 15 year proforma spread sheets, amortiZation's and telephone and receptionist responsibilities. Typing and computer assistance is offered to others on Staff when and if Sandy has time to spare. Experience includes Great Plains Accounts Payable and General Ledger (Version 7), Lotus 1-2-3 (Release 5), Word Perfect (6.0), Word, Excel, Windows 95. She has excellent organizational ability, problem solving and use of various office equipment along with speed and skill on the calculator and typewriter. . Bruce Bonebril!ht. Director or Business Relations Age 33 Bruce has been employed by James Development Firm since February 20, 1995. He brought experience with him by being employed in the field of electrical and mechanical industry. He was employed by Johnson Controls for over 10 years. The duties of Bruce Bonebright include maintaining a working relationship with the states housing authorities that James Development Firm, Inc. is involved in. Also to do applications, reservations, extensions, carry-overs and final 8609 form approvals. Additional responsibilities / duties are city meetings, bidding projects, and project coordination until certificate of occupancy. . . Bill has been employed with James Development Firm, Inè,. since 12-13-95. . Bill came with experience in the construction field as a carpenter and job superintendent for more than 19 years. Bill duties with James Development Firm, Inc. are working with architects on fmalizing architectural civil, and mechanical prints. His number one duty is the responsibility of being a Job Superintendent with the following responsibilities: Making and maintaining job schedules in a timely manner-resolve on site conflicts between sub contractors -supervising waste management-ordering materials, dumpsters, utilities, and signage-security of the project-and city on site involvement. -I NOTE; -9 perJonal£¡ /eel tIuJ -9luwe a ve"! pl'Ofe¡j,jwnal anJ klica1eJ .:7eam 0/ emp~;j anJ l~~ Ì6 proven" Úw mang long IwUl'6 ecu;~ 0/ l!un¡ o/fer 10 IPUJ tuJÜUJ66 in Úw lime6 Úzet¡ are neeckJ. . .:7~ Ì6 prolmh£¡ LIre nw61 wort -9luwe IuuJ in LIre kl 20 1JeaP6 a1 onø linw , tul -9 a¿' /eellluJ wi/~ l!u 6La/! ..9luwe we will complele OUl' projec16 in a lime£¡ manner anJ trûu¡ OUl' projec16 wi/tun twlgel. ~ l!ure Wa6 ang lJlU16lwn in. nu¡ mind tIuJ llwre wa6 a grea1 ri6t in wluJ ..9 am ¿ing, ..9 woulJ not talze l!u clumce 10 IoJe wluJ ..9luwe worteJ 60 IuuJ /or in Úw kl 20 'raN. 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IX~~ ~J~:::~D ~ I il : I'v \ II II I'· \/\ :: I t II II I I I :: I I II ~ II I: I I i " LJ J = ~~" I 0 "1 "<J J . L_J? L ____J r----' O. ~ 0" em, I - l!--.:--:.--- ~Jf:::~ f::-P· Y III ~ 81 " I [þ'--" II ------------J ~ ~ ~ =========== II ~ "" BJ~IIII V [Jf:::l f-'¿fJ I - - -ç, I~ , 1 ~~I I , II' 'I~ I il ------------ ~ · (Ti i I I I I I II I , I II I I ¡ ; i! I! i : : / I I rF-""-"9 ", ,/ I II _ I ! ',,-, ,/ I u.-_~ " , r---1 r, " / L--.J I ~ . ~ I II I II I U-d T---':'--11 :t;:~ R g rr------ll : ~ ,.,11 i 'I,., I' ~ ~ ~ r,11 'I,., L..I~======~L..I U-=~ L..I~======~L..I I ,.,~------~r~ ,.,[------~r' I L..I~======~L..I L..I~======~L..I I ~I"CIIIII::I-I I , I o 1001 0 0 _ -_ ! -----------------------------. ~Iw~r------------------------------ --~ I I I I I I i I I I I I I : 1001 1001 1001 1001: \' "" , . ' . . . ..... ..~ V Rajkowski . , ~~~m-~~~ lid. 11 Se'J¿nth Avenue North P.O. Box 1433 July. 1, 1998 St. Cloud, MN 56302-1433 Ms. Judy Weyrens 320-251-1055 St. Joseph Deputy Clerk P.O. Box 668 Toll Free 800-445-9617 St. Joseph, MN 56374 Fax 320-251-5896 Re: Charles Cushing - Accessory Building Our File No. 18,889 rajhan@cloudnet.com Dear Judy: I have prepared this letter to set forth my analysis of the issues arising regarding the improvements performed by Charles Cushing to an acc~ssory building located on his property. . . As I indicated when we discussed'thls ·matt~r before ~he June Planning Commission meeting, I became aware of the situation upon recèiptofa phone call from the Mayor and Building Inspector cd ling from Cushing's property. I was advised that Cushing had been issued a building permit, and at the time the permit was issued, it was believed that the work would entail reshingling and residing of the structure. The Mayor and Building Inspector subsequently learned that Cushing had intended on replacing the roof system with trusses, and had begun removing the existing rafters. Frank 1. Rajkowski .. It is my understanding that the property in question is zoned R-l. Accessory buildings are permitted in an R-1 zone, but the building in question exceeds the square footage Gordon H. Hansmeier size of permitted buildings. Frederick L Grunke The building in question has had "granèfather" status as a non-conforming use. Thomas G. Jovanovich· Although accessory buildings are permitted on residential property, the building in John H. Scherer . question exceeds the recommended size. Therefore, the structure does not conform tc the district regulations for an B-1 district. Paul A. RaJKCWSKI· ~ev¡n F. GràV At the time of the call, I briefly reviewed the Zoning Ordinance and advised the Mayor of my c'Jncern that the rern )val and replacement of the roof system may not 'Nilliam L Casnman be permitted for a non-conf')lmi..'l5 use. To assure cœnpliance with the Ordinance, ~:c;'J.ra IN. Sobalvarro I recommended that Cushing re-install the old rafters which had been removed and limit the work to the reshingling and residing which was origmally contemplated. 3~!h ~. Thc.......:::son Cracked or rotted rafters could be repaired as part of routine maintenance, but the .~--i\1 ""~qU!St installation of the truss roof raiseJ serious concerns with respect to the alternation of . - -,:::- ~ I . _.,,\.. a non-conforming use. It was my '1ndef'3tanding that this inforMation was relayed to :"'ot:e R. :-L~I'S~'1 Mr. Cushing, and tbt the Mayor and Building Inspet;:or left ~he property believing MarK ~_ A(r!eson that the original roof system would be rç~tored. '::-~.ì"_'" ,.ì,.....;...'., ,,;'G .:;t(~a[c .:" :,)CaH.1rro ."ire jUr."'ltTec~:; ;;:.ac':;ce '.'1 1"¡Or:!~ Cù_..:otJ. Gùrccn d_ ransmefer;n Ne:!.': Cakora dna I,;Visccm;n. .~::u¡.4 3ð}-'.;.\'S."':; --.'1 .~5::::;."'5.n 3'--:0 ~,/ii/iarr). ':jsnr-:,Jn:n 5ûu:.,; DakO::ò. ·,v1ember of Ämp.rrcan 80arrl of T~¡ai~,""v""p1',"'<; ao, iifiea AnR Nputral v . .. 'Ms. Judy Weyrens July 1, 1998 .. Page -2- . Since that time, I have had an opportunity to take a clQser look 'it the ordinance, Non-conforming uses are governed by Section 52.11 of the Code of Ordin~nces. As a gener-ål matter, the owner of a non- conforming building structure shall not enlarge, extend, reconstruct, move or structurally alter that structure, Subdivision 6 of 52.11 relaxes thi3 restriction as it relates to residential buildings and accessory buildings. Alterations are permitted for residential buildings that improve the livability or safety of the structure. Additions increasing the living area by no more than 20 percent are also permitted. With regard to garages and accessory buildings, Subdivision 6 allows alterations "so long as the improvements conform with the zoning requirements for both the zoned used of the property, and the non· conforming use.':' I believe that the key issue to be examined and evaluated in this situation is the application of the term "improvements" as used in the ordinance. Subd. 6 does not say that the building, following completion of the improvements, must conform to the zoned and non-conforming uses. Rather, it states that the "improvements" must conform. If the "improvement" involved an increase in the square footage of the building, clearly that would not conform since that would be in violation of the square footage requirements for the R-l property. On the other hand, if the improvement consists only of a change in the roof structure, a question arises as to whether or not that would violáte the non-conforming use provisions of the ordinance, The roof structure itself would be permitted in either the zoned use or under the non-conforming use, It is the . square footage of the floor of the building which is subject to restriction. On its face, it appears as though the ordinance permits an alteration of a accessory building in a residential zone if the improvement meets the requirements of that zone. Although this may not have been the original ordinance of the City, I believe that this is how it would be enforced. Ordinances regulating the use of property are strictly construed by courts. As such, the Ordinance will be applied in accordance within the clear meaning of the language and restrictions will be limited to what is specifically provided in the ordinance. In this case, the "improvement" (the new roof system) is not prohibited in a residential zone. H this interpretation is not consistent with the manner in which the City wishes to regulate non- conforming uses, I recommend that the City invest its timè and money reviewing Section 52.11 and consider changes appropriate to clarify its application and insure future regulation. Please call me if you have any questions. Very truly yours, JRS jbaz . \:\gen \ 18889\a[\)ïOI98.011 lINOFRCML MINU1fS II . Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, June 1, 1998 at 8:00 p.m. in the 8t. Joseph City Hall. ., Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Linda Sniezek, Marge Lesnick, Kurt Schneider, Jim Graeve. Council Liaison Cory Ehlert. Deputy Clerk Judy Weyrens. - Others Present: Nel Pfannenstein, Bud Reber, Bob Wahlstrom, Ellen Wahlstrom. Fred Reber, Ken Hiemenz, Steve Streng, Jim Meyer, Paul Sullivan. Nel Pfannenstein - Clarification on Buildable Lot:: Pfannenstein appeared before the Commission to request clarification on a prior action of the Planning Commission. In 1984 Pfannenstein appeared before the Commission and requested a lot line change for lots 9 & 10; Loso's 5th Addition, which both the Commission and Council approved Pfannenstein again appeared before the Council in 1994 requesting clarification of the Council action in 1984 and if the lots split are buildable. In 1994 the Council affirmed the action of 1984. Weyrens stated that since the minutes from 1984 are unclear, the Commission needs to determine if the lots split are buildable. The mininl1.un lot size required by Ordinance, for a single family lot in 1984 was 10,000 square feet. The lots as split contain 8,671 square feet. Pfannenstein stated that one of the lots split in 1984 was sold and a single family dwelling was constructed, leaving the eastern lot undeveloped. She questioned if the lot was not buildable how was a building pennit secured Weyrens stated that she would review the matter further and schedule a variance hearing if needed. Fred Reber. buildine: concerns: Fred Reber appeared before the Commission to discuss the accessory building being reconstructed on the property owned by Charles Cushing, 825 East MN Street. Reber stated that it is his understanding that the accessory building is a non conforming use and as such cannot be altered or reconstructed Over the past weeks Cushing has completely rebuilt the building including redesigning the roof. Reber stated that . he attended the City Council meeting on May 21 to discuss the issuance of the building permit for Mr. Cushing and was disturbed when the Mayor responded that the Building Official, City Attorney and himself struck a deal with the property owner and allowed the construction to continue. Weyrens stated that she discussed this matter with the City Attorney who stated that he became involved when the Mayor and Building Official contacted him from the site questioning the status of the building permit. Scherer further responded that it was his opinion that the property owner could re-roof the accessory building but not create a new roof system. It was the consensus of those involved with the discussion that the property owner would put back the old rafters and replace only the bad rafters. Scherer also stated that the Mayor and Building Official were working with the Ordinances and property owner to come to a resolution. Weyrens also reported that St. Joseph Code of Ordinances 52.5 states that enforcement is the responsibility of the City Council. At this time the Commission has three options: 1) recommend the City Council take action to remove the building, 2) recommend the City Council request the property owner to complete the variance proceedings; 3) request the Council seek additional information and investigate under what direction the property owner proceeded with the reconstruction. Chair Klein stated that he discussed the status of the accessory building with the Building Official shortly after a permit was issued and made him aware of the regulations. It was Klein's understanding that the Building Official acknowledged the accessory building could not reconstructed Bud Reber discussed what in his opinion is selective enforcement of the Ordinances. He stated that a disabled neighbor was requesting to construct a deck and ramp and was told by the Building Official and Acting Mayor that the property owner needed to appear before the Planning Commission. Reber stated that he told the property owner that if he were in the same situation he would build the deck without a permit. . Hiemenz responded that the ramp could have been built without a permit The problem arose when the property owner requested to construct a deck with the ramp. The cuneot Ordinance is not clear as to the required front yard setback and the Acting Mayor was requesting clarification. The Acting Mayor was contacted on a Friday afternoon and the property owner wished to begin constmction the following day. June 1, 1998 Page 1 of3 UNomC/~L MINUTES \ ~ Further the Acting Mayor did not wish to stop the property owner, rather make sure the setbacks were . being met. Before further action on this matter Lesnick made a motion to invite the property owner, Mr. Cushing, City Attorney, City Clerk! Administrator, Building Official, and Mayor to the Jilly 6, 1998 Planning Commission meeting to further discuss the issuance of a building pennit for the reconstruction of the non conforming accessory building. Further, this motion allows the City Attorney to present his information in written form or appear in person on July 6, 1998. The property owner should present the Commission with a site plan of the accessory building before and after the reconstruction. The property owner shoilld receive written communication from the City Office notifying him of the possible Ordinance violation. The letter should further state that the building pennit issued for his property has been pulled and all work must cease until after July 6, 1998. The motion was Sniezek and passed unanimously by those present. Tamarack Buildina Addition: Jim Meyer, Lifestyle Builders, appeared before the Commission to request authorization to make application for a building permit for Tamarack to construct an additional warehouse. The proposed building will be 48' x 120' . The Commission discussed the parking lot standards and questioned if Tamarack would pave the parking lot as requested by the Ordinance. Meyer stated that the property owners are willing to pave the lot but for financial reasons have requested an extension until 1999. Graeve made a motion authorizing Lifestyle Builders, on behalf of Tamarack, to make application for a building permit as requested. The motion requires that Tamarack pave the parking area no later than December 31, 1999. The motion was seconded by Kalinowski and passed unanimously by those present. . Roth Property Purchase: EWert presented the Commission with information regarding the proposed purchase of the Roth property, 315 Minnesota Street East. He stated that the City Council over the past two months bas been discussing the purchase of property adjacent to the Fire Hall, as it recently has been placed on the market. The Council unanimously authorized the Mayor to negotiate \Vith the property owner and bring the results back to the . Council. Since that time, St. Joseph Township has agreed to partner with the City to purchase the property. However, at the May 21, 1998 Council meeting new information was presented to the Council whereby the acquisition of property would require action by the Planning Commission. During this Council meeting the goals and objectives of purchasing the property were discussed. Jim Graeve presented the Commission \Vith a written statement as to how he feels the purchase of the Roth property negatively contradicts the goals and objectives of the Comprehensive Plan. It is his opinion that the purchase of the Roth property for the enhancement of the Roske property would deteriorate the existing neighborhood and take an affordable home off the market. He also indicated that if the Roth property is purchased by the City and TO'IYTIShip and sold as commercial property it could lead to the deterioration of the downtown. Further he felt the task force for City Facility Planning has been pre-empted. Lesnick also expressed concern for purchasing land on speculation, and questioned if the neighborhood "ill be destroyed. She stated the City and Township currently has excess property to sell and it is sitting idle. It is her understanding the City wishes to purchase the property to enhance the Cityffownship parcel on the corner of 4th Avenue NE and Minnesota Street. Kalinowski stated that she feels it is prudent for the City to purchase the property adjacent to the Fire Hall. AI;, the City grows, there may be a need to e;..:pand the facility and without this property expansion would be diffiClÙt. Further, if the City is considering constructing a new facility it makes sense to purchase the property. Kalinowski reminded those present of the increased price the City and TO'IYTIShip paid on the Roske property by waiting 2 years. Schneider stated that he recently attended a meeting at the Community Fire Hall and there was no available parking. Therefore, it is his opinion that the City could use the additional land for a paIking area if nothing else. He too felt it woilld be prudent for the City to purchase the property. Hiemenz discussed the following with the Commission: 1) Alternative sites for City Facilities - Remodeling old . buildings versus building new; 2) Expansion potential: 3) Future Planning June 1,1998 Page2of3 UNOFRCML MlNUTrS , . Graeve stated that he objects to the purchase for the following reasons: 1) the Council has not stated a public purpose of such purchase; 2) concerned with the planning committee being pre-empted; 3) a needs assessment has not been completed; 4) it is his understanding that due to political reasons, the City cannot use the Fire Hall . Ellen Wahlstrom stated that she is aware of a Supreme Court Ruling whereby Municipalities cannot purchase real property for speculation. (MS 469 A 12 June 1946). . After reviewing the Comprehensive Plan with regard to the possible purchase of the Roth Property, Sniezek made a motion to recommend the Council proceed with the acquisition of said property based on the following findings: 1. The negotiated price for sale of the property is reasonable 2. Purchase of the property is prudent long range planning Approval is contingent upon the following: The property will be reserved for public use only. The motion was seconded by Kalinowski and passed unanimously by those present. Ehlert excused himself from the meeting at 9:00 p.m. Paul Sullivan. OfÍICe Remodel: Paul Sullivan. owner of Taco John's and Stardust Video appeared before the Commission to request authorization to secure a building permit. Sullivan stated that he plans to add an office, creating the need to construct an interior wall. Sullivan's plans include the addition of an Ice Cream Shoppe, with no additional seating. Grave made a motion authorizing Sullivan to make application for a building permit to add an interior wall for the purpose of adding an office to his existing store. The motion was seconded by Kalinowski and passed unanimously by those present. . Minutes - Mav 4. 1998: Kalinowski made a motion to approve the minutes with corrections; seconded by Lesnick and passed unanimously by those present. Other Matters: Graeve and Wahlstrom discussed the upcoming meeting to review the Steams County Comprehensive Plan. Wahlstrom stated that it is her opinion that someone from the Planning Commission should attend this meeting and provide input. The meeting is scheduled for June 2, 1998 from 10:00 a.m to noon at the Administrative Center. As none of the Commission Members could attend the meeting, Klein made a motion to send Wahlstrom to the meeting and request that she report back to the Commission. The motion was seconded by Graeve and passed unanimously by those present. Adiourn: Graeve made a motion to adjourn at 9:20 p.m.; seconded by Sniezek and passed unanimously by those present. Judy Weyrens Deputy clerk . June 1, 1998 Page 3 of 3