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HomeMy WebLinkAbout1998 [08] Aug 03 '¡-/~ Cðf>~ . CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-7201 stJOmH-1tAIINIIIG COMMlSSIOII Fax: 363-0342 . ----------. AUGUST 3, 1991 7:00 P.M. MAYOR Kenneth J. Hiemenz 1. Call to Order CLERK! 2. 7:00 p.m. - Grooters Leapaldt - College of St. Benedict Building Pennit ADML'IISTRATOR Rachel Stapleton request to construct a bus shelter COUNCILORS 3. 7:15 p.m. - Roger Steichen, Building Pennit Request allowing a cooler Bob Loso behind Gary's Pizza _Ehlert WIt Mary Niedenfuer 4. 7:30 p.m. - Nel Pfannenstein, discussion on declaring a lot buildable when the only frontage to the property is an alley 1 '. Lf-~ - t.h lld::. S c.-h -ev ~ý - DI~c.u 50 S tel\;'\ 611\ "<e -'Lð'Y\1 Y\.' i 5. Approve Minutes 6. 8:30 p.m. -- Presentation by Minnesota Project - Sustainable Community Development 7. Adjourn. . . ...¡. UIIOFRCML MINUTES . Pursuant to due call and notice thereof the Planning Commission for the City of St. Joseph met in regular. session on Monday, July 6,1998 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Linda Sniezek, Marge Lesnick, Kurt Schneider, Jim Graeve. Council Liaison Cory Ehlert, City Attorney John Scherer, Deputy Clerk Judy Weyrens. --------~ Others Present: Lori Stang, Mark Stang, Allen Fuchs, Ellen Wahlstrom, Bob Wahlstrom, Les Prose, Ralph Schmitz, Kathy Schmitz, Gerry Klaphake, Nel Pfannenstein, AI Maleska, Dave Theisen, Mary Niedenfuer, Steve Niedenfuer, Bill Clark, Steve Dehler, Gary Heltemes, Steve Paasch, Mike Deutz, John Provinzino. Mark & Lori Stano. 309 Cypress Drive - Variance Hearino: Chair Klein called the hearing to order at 7:00 p.m. and stated the purpose of the hearing is to consider a five (5) foot variance on the height of a fence on a front yard and an eight (8) foot variance on the front yard setback. The variance is being requested to construct a privacy fence around a deck and the front yard. St. Joseph Code of Ordinances 56.4 subd a)ßtates: Fences and walls located within a residential district shall not exceed the height of seven (l) feet; except fences located between the front of the residential structure and the adjacent roadway shall not exceed four (4) feet. Sf. Joseph Code of Ordinances 52.16 subd-ªl.states: Front yard setbacks of not less.than 30 feet on all public right of ways. The property is legally described as Lot 001, Block 001 Hollow Park. The request for variance has been submitted by Mark and Lori Stang, 309 Cypress Drive, St. Joseph MN 56374. - Mark and Lori Stang spoke on their own behalf. They stated they are requesting approval to construct a six (6) foot privacy fence on around the proposed deck and the side yard. Ehlert clarified that the property being discussed is abutted on two sides with public right of ways creating two front yards. As such the privacy fencing along the deck cannot exceed four (4) feet. Ehlert also stated that the proposed fence is six (6) feet from the decking or nine (9) feet from the ground. City Attorney, John Scherer, discussed the Ordinances as they relate to front yard setbacks. St. Joseph Code of Ordinances 52.4 subd 40 states the front of a lot shall be for purposes of complying with this Ordinance, that boundary abutting a public right-of-way having the least width. Under this interpretation, the front yard of the property in question would be Cypress Drive. Therefore, the fence on the deck could be built up to six (6) feet in height from the decking. (Sniezek arrived at 7:15 p.m.) However, Scherer stated that St. Joseph Code of Ordinances 52.13 subd 15 (f) states: On a through lot (a lot fronting on two (2) parallel streets) or a comer lot, both street lot lines shall be front lot lines for applying yard and parking requirements. The question arises as to what is a yard requirement and does it pertain to setbacks. Scherer stated the provisions for granting a variance on the Fence Ordinance is not as stringent as the Zoning Ordinances. As such, the guidelines such as hardship, extraordinary circumstances, and granting additional privileges do not apply. Bill Elfering, 329 Cypress Drive, stated that as a neighbor he does not have any objections and can understand the need for screening both the traffic and dumpster located across the street. There being no one further wishing to be heard, Kalinowski made the following motion to accept the following findings and recommend approval; seconded by Graeve and passed unanimously by those present. July 6, 1998 Page 1 of 10 UNOFFICIAL MINum RESOLUTION OF FINDING . The request of Mar!< & Lori Stang for a variance request came before the Planning Commission at a public hearing held on July 6, 1998. The purpose of the hearing is to consider a fIVe (5) foot valiance on the height of a fence on a front yard and an eight (8) foot variance on the front yard setback. The variance is being requested to construct a privacy fence around a deck and the front yard. ------.---- St. Joseph Code of Ordinances 56.4 subd a).states: Fences and walls located within a residential district shall not exceed the height of seven m feet; except fences located between the front of the residential structure and the adjacent roadway shall not exceed four (4) feet. St. Joseph Code of Ordinances 52.16 subd-ªl.states: Front yard setbacks of not less than 30 feet on all public right of ways. The property is legally described as Lot 001, Block 001 Hollow Park. The request for variance has been submitted by Mar!< and Lori Stang, 309 Cypress Drive, St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of 81. Joseph, the Planning Commission makes the following findings: The City Attorney provided the following information: 1. The Fence Ordinance allows the granting of a variance on the height without using the stringent guidelines as provided in Ordinance 52.7 subd 2. - 2. The variance prohibits ambiguity in the future as to whether or not Old Highway 52 is considered a front yard or side yard. Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approve a two (2) foot variance on the maximum height of a fence in the front yard, allowing the fence abutting Old Highway 52 to be six feet in height and allowing the fence to be constructed 22 feet from said roadway. The hearing was closed at 7:20 p.m. Nel Pfannenstein. Variance reQuest on minimum lot size and depth: Chair Klein opened the hearing at 7:30 p.m. and stated the purpose of the healing is to consider a two thousand three hundred twenty-nine (2,329) foot variance on the minimum lot size and a twenty-nine and one half (29.5) foot variance on the minimum lot width. The variance is being requested to allow the construction of a single family dwelling. The property is zoned R-1, Single Family. 81. Joseph Code of Ordinances 52.16 subd 5 (b) states: Minimum area where served by approved community sewer and water: 11,000 square feet. St. Joseph Code of Ordinances 5216 subd 5(c) states: Average width of not less than 75 feet and an average depth of not less than 125 feet. The property is legally described as: Lots 009 and 010 Loso's 5th Addition, less the west 95.50 feet thereof Block 003. The request for variance has been submitted by Nel Pfannenstein, PO Box 205, St. Joseph MN 56374. July 6, 1998 Page 2 of 10 UNØFRCML MINUTES . Nel Pfannenstein spoke on her own behalf. She stated this matter has been addressed in 1982, 1984 and again in 1994. In 1982 Mr. Pfannenstein appeared before the Commission to request a lot line change on the aforementioned property, to allow the construction of two single family homes. Since that time, one lot has been sold with a single family home constructed. She stated at this time she would like to sell the remaining lot, but needs assurance it is a buildable lot. Scherer stated that in reviewing the informatiofK)f-the-past·Council and Planning Commission the two lots in question were reconfigured using the same footages. He stated the biggest problem with this issue is allowing the construction of a single family home with the frontage being an alley. The major reason for not allowing homes with the only frontage being an alley is access. Further questions of snow removal and street improvement become an issue at some point in time. AI Maleska, 215 Ash Street East, stated that he has no objection to the variance request, but questioned if the City would consider vacating the north.lsouth alley that abuts the parcel in question. Weyrens stated that she had advised Pfannenstein to discuss this matter with the City Council and they would need to review the matter and conduct the necessary public hearing. Scherer stated that the Council would also need to determine if any utilities are located in the alley. There being no further questions, Graeve made a motion to adopt the following findings; seconded by Sniezek and passed unanimously by those present. RESOI.UTION OF FINDlNfI The request of Nel Pfannestein for a variance request came before the Planning Commission at a public hearing held on July 6, 1998. The porpose of the hearing is to consider a two thousand three hundred twenty-nine (2,329) foot variance on the minimum lot size and a twenty-nine and one half (29.5) foot variance on the minimum lot width. The variance is being requested to allow the construction of a single - family dwelling. The property is zoned R-1, Single Family. St. Joseph Code of Ordinances 52.16 subd 5 (b) states: Minimum area where served by approved community sewer and water: 11,000 square feet. St. Joseph Code of Ordinances 5216 subd 5(c) states: Average width of not less than 75 feet and an average depth of not less than 125 feet. The property is legally described as: Lots 009 and 010 Loso's 5th Addition, less the west 95.50 feet thereof Block 003. The request for variance has been submitted by Net Pfannenstein, PO Box 205, St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: St. Joseph Code of Ordinances 52.7 subd 2(a) states: That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. The exceptional or extraordinary circumstances must not be the result of actions taken by the petitioner. Finding: The Planning Commission reviewed the information from 1982 and 1984 pertaining to the lot line change of Lots 9 and 10, Loso's 5th Addition. It is the opinion of the Planning Commission and City Attorney that the original request in 1982 was a re-configuration of lots, not changÎng the square footage. Therefore, the lots were previously platted and approved, making the above mentioned lots buildable. Further, the Planning Commission is of the understanding that this request was already approved in 1982 and again in 1984. July 6, 1998 Page 3 of 10 UII()IFICIAL MlNU7fS Therefore, based on the above findings the Planning Commission makes the following recommendation: . Approve a two thousand three hundred twenty-nine (2,329) foot valiance on the minimum lot size and a twenty-nine and one half (29.5) foot valiance on the minimum lot width. The hearing was closed at 7:40 p.m. --- ------ Liaison Reports Pond View Ridge 5th Addition: The City Council recently approved the final plat of Pond View Ridge 5th Addition, making the changes as requested by the Planning Commission. Klein questioned if the Planning Commission should have reviewed the final plat before the Council reviewed and approved it. Ehlert stated that the plat had not changed since the Commission reviewed the preliminary with the exceptions of the recommendations of the Commission. Charles Cushing Accessory Building: Ehlert stated that the Council received a letter from the City Attorney regarding the accessory building at 825 Minnesota Street East. A revised letter has been forwarded to the Planning Commission. Scherer briefly discussed the matter and stated that the Ordinance (52.11 subd 6) allows for residential alterations on a non-conforming use (accessory building). Enlargement of the square footage of the building would have been a clear violation of the Ordinance. However, since the property owner only made improvements to the existing structure, it is the opinion of Scherer that there has been no violation of the Ordinance. Therfore, the Council considers this a closed matter and requested the opinion letter be made available to the Planning Commission and the public. Scherer encouraged the Commission to review section 52.11 subd 6 in the updating of Ordinances in an attempt for it to be more definitive. Klein stated that he objected to the interpretation of the Ordinance and stated that it is his understanding that the intent of the Ordinance was to prohibit all non-conforming uses from being improved and - expanded. Graeve stated that it is his opinion that the Planning Commission is the Board of Appeals and Adjustments and as such they should be responsible for the enforcement of the Zoning Ordinances. Ellen Wahlstrom questioned what will happen in the future and how will complaints be handled. It is her understanding the accessory building was approved through a loop hole in the Ordinances. Kalinowski requested that the Commission review Ordinance 52.11 subd 6 to clarify the intent. James Development - Rezonina. Rear Yard Setback Variance and Site Plan ReQuest: Chair Klein called the hearing to order at 8:05 p.m. and stated the purpose of the hearing is to consider re-zoning a parcel of property currently zoned B, General Business to R-2, MUltiple Family and consider a twenty (20) foot variance on the rear yard setback. The purpose of the rezoning and valiance request is to allow the construction of an Assisted Living Facility. St. Joseph Code of Ordinances 52.17 subd 6 (c): Rear yard shall have a depth of not less than 20 percent of the depth of the lot. The property is legally described as follows: That part of the Northwest Quarter of the Southwest Quarter (tfN Y4 SW1/4) of the Section Numbered Eleven (11), To....mship Numbered One Hundred Twenty-four (124) North, of Range Numbered Twenty-nine (29) West, all in Stearns County and state of Minnesota, described as follows; Beginning at the Southwest corner of said Section 11; thence, along the South Line of said Section due East 1345.0 feet to the Southeast corner of the SW Y4 of SW Y4 of said Section 11; thence, along the East Line of the SW Y4 of SW Y4 and NW Y4 SW Y4 of said Section North 010 08' East 2101.22 feet to the Point of Beginning of the tract herein described; thence, continuing along the East line of said t'NV Y4 of &N Y4 aforesaid; North 010 08' East 210.36 feet; thence, South 87 09' West 209.18 feet; thence, South 01 08' East 210.36 feet; thence, South 870 09' West 209.18 feet; thence, South 010 08' West 199.95 feet; thence, due East 208.72 feet to the Point of Beginning. Tract being subject to a Thirty-three foot Township road Right~-Way along the East line thereof. July 6, 1998 Page 4 of 10 UNtJFRCML MINUTfS . The request for re-zoning has been submitted by the James Development Firm; 1257 2nd Street N; Sauk Rapids, MN 56379 and property owners Bob Wahlstrom, PO Box 135, St. Joseph MN 56374 and Leslie Prose, 2740 Atwood Drive; St. Cloud MN 56301. Richard Schmitz spoke on behalf of James Development. He stated that he is before the Commission to request rezoning of a parcel of property along 915t Avenue as well as a variance on the rear yard setback to allow the construction-ufanAssisted Living Facility. The facility would house 24 elderly residents. Schmitz presented the Commission with a revised elevation of the proposed building, a revised floor plan and site plan as well as a script as to what constitutes assisted living. The proposal includes a facility with 13,688 square feet, 14 parking spaces and maximum lot coverage of 32%. Schmitz stated that his company has built many Assisted Living Facilities including one in Sauk Rapids. The average age of the residents is 88. He stated he prefers to build the facilities in residential neighborhoods. Schmitz stated that he held an informational meeting with the neighbors of the proposed development on June 25, 1998 where no one objected to the use. Gary Heltemes, 30309 - 90th Avenue, stated that he lives in the affected neighborhood and stated it is his opinion that an Assisted Living Facility would be compatible with surrounding property uses. Lesnick questioned if the front elevation presented to the Commission was an accurate portrayal of the facility that would be constructed in St. Joseph. Schmitz responded that it is similar but there will be modifications such as a different entry and a porch along the front. The front elevations presented are those of one currently being constructed in Florida. Lesnick stated that it is deceiving to present an illustration to the neighbors if that is not an actual drawing. A sided facility has a different appearance than stucco as well as a different pitch to the ~ roof. Lesnick requested that before this matter appears to the City Council an actual front elevation must be submitted. - Steve Dehler questioned if the proposed facility would be required to adhere to the Parking Lot Ordinance and if there is a buffer required between zoning classifications. Scherer responded that the City does not have a Parking Lot Ordinance, but a provision for parking lots in the General Zoning Ordinance. This provision does not apply to the request before the Commission at this time. Schmitz responded that all facility he constructs have paved and curbed parking lots. The Commission reviewed the required parking for an Assisted Living Facility and based on 24 residents, the site plan must contain 14 parking stalls. Dave Theisen, Fire Chief, questioned if the building would be sprinkled, if a symplex system would be installed and if a hydrant will be part of the site plan. Schmitz responded that the building will be sprinkled and a symplex system will be used. At this time he is uncertain as to how the water will be extended to the property and cannot determine where the hydrant will be located, but he is willing to work with the Fire Chief on this matter. Bob Wahsltrom and Les Prose requested that the Commission approve the re-zoning contingent upon the approval of the variance and site plan. As property owners they would rather the property remain General Business if the Assisted Living Facility does receive approval. There being no one further wishing to speak, Ehlert made a motion to recommend adopting the following findings; seconded by Kalinowski and passed unanimously by those present. RESOLUTION OF FINfJ/Nfi The request of James Development and property owners Bob Wahlstrom and Leslie Prose for a rezoning and variance request came before the Planning Commission at a public hearing held on July 6, 1998. July 6, 1998 Page 5 of 10 UNOFFICIAL MlNUm The purpose of the hearing is to consider re-zoning a parcel of property currently zoned B, General . Business to R-2, Multiple Family and consider a fourteen (14) foot valiance on the rear yard setback. The purpose of the re-zoning and valiance request is to allow the construction of an Assisted Living Facility. St. Joseph Code of Ordinances 52.17 subd 6 (c): Rear yard shall have a depth of not less than 20 percent of the depth of the lot. --'---'--- The property is legally described as follows: That part of the Northwest Quarter of the Southwest Quarter (NW Y4 SW1/4) of the Section Numbered Eleven (11), Township Numbered One Hundred Twenty-four (124) North, of Range Numbered Twenty-nine (29) West, all in Stearns County and State of Minnesota, described as follows; Beginning at the Southwest corner of said Section 11; thence, along the South Une of said Section due East 1345.0 feet to the Southeast corner of the SW y¡ of SW 114 of said Section 11; thence, along the East line of the &N 114 of SW y¡ and NW Y4 SW Y4 of said Section North 01 ° 08' East 2101.22 feet to the Point of Beginning of the tract herein described; thence, continuing along the East line of said NW Y4 of SW Y4 aforesaid; North 01° 08' East 210.36 feet; thence, South 87 09' West 209.18 feet; thence, South 0108' East 210.36 feet; thence, South 87° 09' West 209.18 feet; thence, South 01° 08' West 199.95 feet; thence, due East 208.72 feet to the Point of Beginning. Tract being subject to a Thirty-three foot Township road Right-of-Way aJong the East line thereof. The request for re-zoning has been submitted by the James Development Firm; 1257 2nd Street N; Sauk Rapids, MN 56379 and property owners Bob Wahlstrom, PO Box 135, St. Joseph MN 56374 and Leslie Prose, 2740 Atwood Drive; St. Cloud MN 56301. Notice of this matter was duly seNed and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the - following findings: - St. Joseph Code of Ordinances 52.7 subd 2 (e) states that the condition or situation of a specific piece of property, or the intended use of said property, for which the valiance was sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or a situation. Finding: The valiance being requested affects the west property boundary. As such it abuts a holding pond for the City of St. Joseph and will never be developed. Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approve the fourteen (14) foot variance on the rear yard setback, west property boundary. Site Plan Recommendation: Kalinowski made a motion to recommend the Council approve the site plan of James Development to construct an Assisted Living Facility with the following contingencies: 1. The Site Plan will contain a minimum of 14 parking spaces. The number of parking spaces is based on a maximum occupancy of 24 residents. If the number of residents is increased, the property owner will be required to present a new site plan to the Planning Commission. 2. The parking lot will be paved, striped, and curbed. The parking plan will be reviewed by the City Engineer to determine property drainage and ingress/egress to 91s1 Avenue. The motion was seconded by Sniezek and passed unanimously by those present. Re-Zoning Recommendation: Lesnick made a motion to recommend the City Council approve the re- zoning request of James Development. The property as described above should be changed from the current zoning B, General Business to R-2, Multiple Family. This motion includes the following contingency: The Valiance and site plans as outlined above are approved by the City Council July 6, 1998 Page 6 of 10 ! . UNtJFRCML MINUTES . The motion was seconded by Graeve and passed unanimously by those present. The hearing was closed at 9:00 p.m. Meadowlark-ÅPartment. reauest for Buildino Permit: Bob Stein, Meadowlark Apartments, appeared before the Commission to request authorization to make application for a building permit. The building permit would allow the construction of an eight (8) stall garage at 116 - 10th Avenue SE. After reviewing the site plan as it relates to the setbacks and zoning classification, Lesnick made a motion to authorize Meadowlark Apartments to make application for a building permit. The motion was seconded by Schneider and passed unanimously by those present. Steve Paasch, Grooters Leapaldt Tideman Architects: Steve Paasch appeared before the Commission on behalf of the College of St. Benedict. He stated that St. Benedict's is in the process of remodeling Mary Commons. As part of this project a new bookstore will be constructed. Steve Dehler questioned if the new project requires additional parking. Scherer clarified that as St. Benedict's is zoned Educational/Ecclesiastical and as such the Commission only needs to review the ingress/egress. Paasch stated that the proposed project will not be creating any additional parking needs. Fire Chief Theisen stated that he has been working with the Building Official and Architect to assure that safety issues are reviewed. Sniezek made a motion to authorize Grooters Leapaldt Tideman Architects on behalf of the College of St. Benedict, to make application for a building permit for the remodeling of Mary Commons including the - construction of a new bookstore. The motion was seconded by Graeve. Ayes: Klein, Lesnick, Sniezek, Schneider, Ehlert, Graeve Nays: None. Abstain: Kalinowski Motion Canied 6:0:1 - Klein stepped down from his chair. Mike Deutz, Special Use Permit and Parkino Plan: Acting Chair Kalinowski stated that the following is a continuation hearing from May 4, 1998. On May 4, 1998 the Planning Commission conducted a public hearing as requested by Mr. Deutz. The purpose of the hearing was to consider issuance of a Special Use Permit. The Permit is being requested to allow a residential rental unit in a General Business Zone. St. Joseph Code of Ordinances 52.20 subd 3(d) allows for the following Special Use Permit: Multiple Family dwellings provided that the use either adjacent to or provides off-street parking and there is no conflict with adjacent activities. The property is legally described as follows: The South half of Lot 7 of Block 9 of the Original Town of St. Joseph, Steams County, Minnesota. Less and except the east 10.00 feet thereof. The request for Special Use has been submitted by Mike Deutz, PO Box 634, St. Joseph MN 56374. The hearing was duly published and held. At the hearing Mr. Deutz stated that his plans had changed and requested the Commission table the matter until he secured a second tenant for his proposed business. As requested the Planning Commission and City Council tabled the matter for up to twelve (12) months. At this time, July 6, 1998, Deutz has requested that the Special Use Permit be considered. Deutz spoke on his own behalf. He stated that he is requesting a Special Use Permit to allow a R-3 use in a General Business area. Plans include the construction of a two story building. The lower level will be leased by Papa Guisiepe's Pizza and Joseph's Hair Studio. The second the level will consist of a three unit rental facility, housing 7 students or 3 families. The Commission discussed the parking requirements for the Central Business District. While the Central Business District is exempt from the stringent application of the parking regulations, they are to be used July 6, 1998 Page 7 of 10 UNOFFICML MlNU7fS as a guideline to determine adequate parking. The parking plan in a Central Business District shall be . determined by the Planning Commission and approved by the City Council. If the proposed development were not in the Central Business District, the following parking spaces would be required: Papa Guisiepe's: One parking space for each four (4) seats used by patrons plus one for each employee on the maximum shift. (Deutz was uncertain as to how-many seats would be in the restaurant, but indicated it may be 20 seats) Required Parking: 7 Joseph's Hair Sudio: At least one for each three hundred (300) square feet of floor area. Required Parking: 4 Rental Unit: Two parking spaces for every three. Required Parking 3 Assumed total parking required under stringent application of the parking requirements: 14 Deutz stated that the owner of Papa Guisiepe's also operates Accu Serve which is located at 31 Minnesota Street West, abutting the proposed development. As part of her business she leases 18 parking spaces from Steve Dehler. Deutz indicated that when calculating parking areas, the gross floor area should not be used, rather than the usable space. The building will be constructed with a façade similar to St. Joseph Meat Market with gray steel siding on the upper level. The parking lot on his property will be paved and the fIVe foot area between the proposed building and abutting property owner will be excavated and drained to Minnesota Street or the parking area. The plan as presented to the Commission included seven m on-site parking spaces. Scherer cautioned Deutz from diverting water across a public sidewalk. other methods of drainage will need to be considered. - The Planning Commission spent considerable time discussing off street parking requirements. Deutz - stated that he is willing to secure parking with a property owner west of his proposed development if required. Those present discussed options of off premise parking to include: requiring the rental tenants to park off site or requiring the employees of the lower level businesses to park off premise. Deutz stated that he would be willing to work either option into his leases. Klein stated that is was his understanding of the Ordinance that any new business in the Central Business District would be required to provided parking. It is his opinion that Deutz should be required to provide the 14 required parking spaces. Ehlert discussed the task force fonned by the St. Joseph Chamber. The task force has been created to research alternatives to the downtown parking problems. A letter has been sent to each business requesting their input. He stated that it is a general rule that unless parking is convenient people will not use the parking spaces. Scherer questioned Deutz as to how refuse would be contained. Deutz stated that he has given some consideration to requiring refuse to be stored indoors until garbage day. If needed he can provide a dumpster on the northeast comer of the property. Scherer stated that requiring refuse to be stored indoors may create a health hazard and encouraged Deutz to provide an enclosed container on the property. Ehlert asked Chief Theisen for any comments he may have. Theisen stated that he met with the Building Official and biìefly discussed the plans but he has not had an opportunity to review them. Deutz stated that if the plans need to be reviewed he would prefer to submit them to the State Fire Marshall for review. Steve Dehler clarified that his lease with Accu Serve requires him to provide the business with sufficient parking. As the business grows so will the need for parking. Currently Accu Serve employs 31 and they use approximately 17 parking spaces. Dehler stated he is uncertain as to whether he could lease any July 6. 1998 Page 8 of 10 . UNOFFICMI. MINUTES . parking nor is he in the business to do so. Further, he stated that it is his opinion that Mr. Deutz should be required to provide off street parking to meet all his needs. Scherer stated that under the Ordinance, rental was a permitted conditional use. Nothing was presented at the hearing which created a public health or welfare concern. he can determine from the hearing, the rental is an acceptable use. The question that needs to be resolved is how many parking spaces are going to be required and where will the refuse be stored. Ken Hiemenz questioned the parking illustration presented by Deutz and if provision of a parking space in the boulevard would be acceptable. If the Minnesota Street Beautification Project were to be expanded the parking space would be lost. Hiemenz also questioned whether or not the City could be placed in a liability situation with allowing such. There being no further comments, Ehlert made a motion to adopt the following findings and recommend approval of the Special Use Permit. The motion was seconded by Lesnick. Ayes: Lesnick, Sniezek, Schneider, Ehlert, Graeve Nayes: None. Abstain: Klein Motion Carried: 6:0:1 RfSOLUTKJN OF FIN1JINt; The request of Mike Deutz for a Special Use request came before the Planning Commission at a public hearing held on May 4, 1998 and continued on July 6, 1998. The purpose of the hearing was to consider issuance of a Special Use Permit. The Permit is being requested to allow a rental unit in a General Business Zone. St. Joseph Code of Ordinances 52.20 subd 3(d) allows for the following Special Use Permit: Multiple - Family dwellings provided that the use either adjacent to or provides off-street parking and there is no conflict with adjacent activities. The property is legally described as follows: The South half of Lot 7 of Block 9 of the Original Town of St. Joseph, Stearns County, Minnesota. Less and except the east 10.00 feet thereof. The request for Special Use has been submitted by Mike Deutz, PO Box 634, St. Joseph MN 56374. Notice of this matter was duly seNed and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for a Special use Permit as stated in St. Joseph Code of Ordinances 52.8 subd 4 (a-k). Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approve the Special Use Permit as requested, with the following conditions: 1. Deutz will provide six (6) parking spaces on the same property where the proposed development will occur. The parking spaced portrayed in the street boulevard may not be one of the six required spaces. Further, Deutz will provide four (4) parking spaces within 300 feet of his property. Deutz will require the employees of the lower level businesses to use the off site parking. A long term lease (10 years) will be signed by the property owner of the off site parking which will be reviewed and approved by the City Attomey. If the off-site parking is lost July 6, 1998 Page 9 of 10 lJltOFRCML MINlITfJ and not immediately replaced, the conditional use pel1Tlit allowing residential . rental is lost. 2. The following maximum densities apply for the rental unit: --- -- Student Rental: 7 occupants Family Rental: One family per unit as allowed by the housing code 3. Deutz will provide a refuse dumpster which shall be properly screened and located on the northeast section of his property. The hearing was closed at 10:20 p.m. Graeve reported that the MN Project for Sustain ability would like to make a presentation to the public and have requested the Planning Commission co-host the event. The presentation will include a video and allow for public input. The Commission agreed to schedule the presentation for August 3, 1998 at 8:00 p.m. or 8:30 p.m. Approve Minutes: Ehlert made a motion to approve the minutes as corrected; seconded by Klein and passed unanimously by those present. The meeting adjourned by consensus at 10:40 p.m. - Judy Weyrens Deputy Clerk July 6, 1998 Page 10 of 10 . "~Ue(~( ,.,.~tu Page5 conformation of the lot. Twit further stated that on review of the matter he did not find affirmation that the lot fronting on the alley is buildable. ---------- Pfannenstein started she felt the lot was considered buildable when the matter was considered previously by the Planning Commission and Council. Also the adjacent alley is not developed as an alley and could be vacated to provide more area to this lot Ehlert stated the ordinance requirements for lot size were met in 1984 when this matter was originally considered and further stated the City Attorney advised the Planning Commission in their consideration and findings. He further stated although it is not typical to have a house on an alley, in some ways it could be beneficial to the resident. Loso stated that the ordinance prohibiting building on an alley has been enforced since its adoption. Mayor Hiemenz clarified one of the problems associated with structures fronting on alleys is that assessment formulas do not provide for fairly assessing such properties. Twit recommended referring the matter back to the Planning Commission for clarification on the ordinance reference in relation to this matter. Pfannenstein indicated her husband had requested this matter be addressed when it was brought to the Council previously. . On the request of Mayor Hiemenz for a substitute motion, Twit made a motion to refer the matter back to the Planning Commission for consideration at their next meeting. A recommendation for clarification on a reference to the St. Joseph Code of Ordinances 54.7 subd 4(e) requiring "frontage on a public dedicated street other than an alley" is requested with the lot only having alley frontage and recommendation of the treatment of future public improvement assessments to the property. Ehlert seconded the motion. Discussion - In order to expedite the matter the Council agreed to consider the Planning Commission's recommendations at the next Council meeting with Planning Commission's recommendations disbursed to the Council in a second agenda packet. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. SPECIAL USE PERMIT FOR R-3 IN A BUSINESS ZONE & PARKING PLAN: Michael Deutz appeared before the Council to request the Council accept the Planning Commission's recommendations for property located at 33 Minnesota Street West, to allow R-3 use in a Business Zone and consider the development parking plans. Deutz discussed his parking plans. The original plans needed to be changed due to the parking needs for the Sal's Bar business. His alternate parking plans are on the property adjacent to the alley west of Sal's Bar & Grill. Deutz discussed a meeting where he had discussed his plans with Chad Carlson, Cory Ehlert and Mary Niedenfuer as well as plans to enhance the appearance of the proposed building. Niedenfuer stated the Comprehensive Plan alloVolS for preservation of historic sections of the City. She further offered to take photos of historic buildings and discussed methods to foster preservation of such structures, such as waiving certain fees. Deutz showed his elevation plans along with his building plans indicating he would use the same type of bricks as the Meat Market or Gary's Pizza buildings. Niedenfuer recommended he make an attempt to give the building an historic ambiance. Deutz further discussed parking indicating the owner of Papa Guseppi's has parking with the next door building in relation to her other business located in that building. Twit indicated that parking is the biggest issue with this proposal. Deutz requested to allow his attorney to work with the City Attorney to draw up an agreement to secure the needed additional four parking July 16, 1998 Page 5 of 9 V",WCfA( ""ttt¡Úf Page4 . Commission to grant R-2 zoning and a 14 foot variance on the rear yard setback; along with site plan approval; the water extension to service the property to be addressed by the City Engineer. Approval is contingent upon the developer providing an accurate elevation drawing of the . -- .----- --- building and the accurate revised drawings of the building plans, the maximum density approved is 24 residents, and 14 parking spaces are required. Any changes will require planning Commission approval.; seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. VARIANCE ON FENCE HEIGHT - 309 CYPRESS DRIVE: The Council reviewed the request of Mark and Lori Stang, 309 Cypress Drive, legally described as Lot 001, Block 001 Hollow Park, for a five (5) foot variance on the height of a fence on a front yard and an eight (8) foot variance on the front yard setback. The variance is being requested to construct a privacy fence around a deck and the front yard. Loso made a motion to accept the Planning Commission's recommendations to approve a ffio (2) foot variance on the maximum height of a fence in the front yard, allowing the fence abutting Old Highway 52 to be six feet in height and allowing the fence to be constructed 22 feet from said roadway. The motion was seconded by Niedenfuer. Discussion - Twit questioned if easements have been secured on the property. Stapleton stated they have not yet been secured. Mayor Hiemenz stated the City Attorney and Engineer are working on all the unrecorded easements needed for servicing utilities. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. . Nays: None. Motion carried. VARIANCE ON LOT SIZE AND DEPTH: The Council reviewed the Planning Commission's recommendations on a request for a tv.'o thousand three hundred tv.'enty-nine (2,329) foot variance on the minimum lot size and a tv.'enty-nine and one half (29.S) foot variance on the minimum lot width. The variance is being requested to allow the construction of a single family dwelling. The property is zoned R-1, Single Family. The variance is requested by Nel Pfannenstein on the property legally described as: Lots 009 and 010 Loso's Sth Addition, less the west 95.S0 feet thereof Block 003. Ehlert made a motion to approve the request as recommended by the Planning Commission, based on their findings as follows; seconded by Twit. Finding: The Planning Commission reviewed the information from 1982 and 1984 pertaining to the lot line change of Lots 9 and 10, Loso's SCh Addition. It is the opinion of the Planning Commission and City Attorney that the original request in 1982 was a re- configuration of lots, not changing the square footage. Therefore, the lots were previously platted and approved, making the above mentioned lots buildable. Further, the Planning Commission was of the understanding that this request was already approved in 1992 and again in 1984. Therefore, based on the above findings, the Planning Commission made the following recommendation: Approve a tv.'o thousand three hundred tv.'enty-nine (2,329) foot variance on the minimum lot size and a tv.'enty-nine and one half (29.S) foot variance on the minimum lot width. Discussion - Twit stated he has reservations allowing construction of homes facing an alley, although the Planning Commission and Council did previously approve the change in July 16. 1998 PaQe 4 of 9 · CITY OF ST. JOSEPH :1 First Avenue NW '.0. Box 668, it. Joseph, MN 56374 320) 363-7201 SF. JOSEPH 'I.AIINING COMMISSIØ/{______. 'ax: 363-0342 AUGUST 3, 1991 7,.00 ',M. IJ8rllr '100 ~ ~_ =::m """"'" .vIAYOR <.enneth J. Hiemenz 1. Call to Order :LERK! 2. 7:00 p.m. - Grooters Leapaldt - College of S1. Benedict Building Permit ADML'IISTRATOR ,~achel Stapleton request to construct a bus shelter ::OUNCILORS 3. 7: 15 p.m. - Roger Steichen, Building Permit Request allowing a cooler Bob Loso behind Gary's Pizza ~.<=I Ehlert ~'wit :vìãry Niedenfuer 4. 7:30 p.m. - Nel Pfannenstein, discussion on declaring a lot buildable when the only frontage to the property is an alley 5. Approve Minutes 6. 8:30 p.m. -- Presentation by Minnesota Project - Sustainable Community Development 7. Adjourn.