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Home My WebLink About1998 [09] Sep 08 . CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-7201 Fax: 363-0342 St. Joseph Planning Commission IJDrtp September 8, 1998 'IihI ~ ... ~ 7:00 p.m. MAYOR Kenneth J. Hiemenz CLERK! 1. Call to Order ADMINISTRATOR Rachel Stapleton 2. 7:00 p.m. - Mike Deutz, revised parking plan 33 Minnesota Street West 3. 7:15 p.m. - Chuck Scherer, Building Expansion Proposal COUNCILORS Bob Loso 4. 7:30 p.m. - Public Hearing, Special Use & Variance Cory Ehlert .it Borgert Products Business Expansioni , iedenfuer 8:00 p.m. - Public Hearing, Re-Zoning Request 11-- 6th Avenue NW 5. R1 Single Family to R2 Multiple Family, Tim Kiernan 6. 8:45 p.m. - Lou Krebsbach, discussion on proposed lot split 7. 9:00 p.m. - Discussion, proposed Wetland Ordinance 8. Approve Minutes - July 6 and August 3,1998 9. New Business 10. Adjourn . · n. JOSEflll PtANNING COMMISSION SEPTEMBER 8, "'8 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME ADDRESS /' ~ dJ.- - ¿2 j~ 1. f9r ' / I <¡- d-.--- Clue.~.~ ¡' 2. éð'Þ~, 6DlJ-o-;Ø'--T'-7é'~ 3. -4Í~ þr¿PiV;M/ ¡3&~' ?/f/J!--5tTÝ ~ 4. S~k ~\ r= (;1{« /Í{ 40 (~ ~ J1 (UuJ 5. .{; ~~ Ii ~~:J 6. 7. 5/ \IV ¡11 ~ ):t/~ . .-r- "I' "'-1e/ - L",,/.;.¡/ 5ð;)- Ash Sl5t. W 8. l.e'¡6L · 9. ~Ji Lh{ 5 ð:J- Ash $'. W 10. ,l) ¡ ClV1-e.- S~kV\t,j<!....... tPtJs .Ash 5/;. w 11. G ae-F-~ ~Y-'~V',d~-e... (po3 (Y)Al %. éÆ.J 12. rfJ,ldfé'd R~'>;t'\qe¡l' 601 MN S-'b. W 13. Œ~t( i" k, ~¡I n tt Y' ~ 14. J-ð4 1\v'~/;;5 htíGh 15. -;¡;/~ KveÞ5bac£' 16. JJad/~-e J}CYJe/ f 17. Chuck f()ffFV 1'ð-3 M/nn<!'so-d, s&. uJ, 18. 19. 20. · 21. ~ cF ., CI'IY OF ST. JOSEPH 21 First Avenue Northwest . PO Box 668 St. Joseph, MN 56374 320-363-7201 I}EVELOPMENT REVIEW APPLICATION / Owner: Address: 0 <3a-D· 3G::.3 '~(p ( k. Conditional Use Permit ìõO~ Vacation of ROW/Easements Variance Non-conforming Use Permit Planned Unit Development Rezoning Sign Subdivision TOTAL FEE $ IS-c> oê) Date fee received Date application received S'//~A3 . PETITIONER MUST PROVIDE THE FOLLOWING · A list and mailing labels of all property owners within 350 feet of the boundaries of the property. (This information must be obtained from the Steams County Auditors Office) · Twenty-one 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 for 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. ~~ ~ 7t;~ O~ ~¡j~/9~ Signature of Applicant Date I . 7/(~~ -2- ~h, D_ R I;rf- Jcß Signature of Fee Owner - Date I r. , PROJECT NAME: 6KJU ~Z/ /l<-v~Æ-9 ¿, ~/~ LOCATION: LEGAL DESCRIPTION: LOT SIZE: PRESENT ZONING: REQUESTED ZONING: ,- REQUESTED LAND USE ~ DESIGNATION: .fftß~ SETBACK REQUEST: ". - REASONS FOR REQUEST: :.c;~_~.-. écr.x¿"0~A-¿ '-".$ ¿ /ß ß U A!é'O /[;;e- ~¿?1.s--k/~ Ât> (..e.c/ AREA REQUIRED BY REQUESTED BY VARIANCE ORDINANCE PETITIONER REQUESTED Front Yard Side Yard Rear Yard Open Yard Parkinq Accessory Bldq Size . Lot Coverage /// fo'!%/Æ-r -fI~ /-w1-x W / ß//¿J,A¥é.!J . =j , ,r/f'"fi, ~ / STAFF NOTES: . CITY OF ST. JOSEPH ¡tII~e/~~ ~ Dale-·r 21 First Avenue Northwest - PO Box 668 5 I g -e'pJ. - St. Joseph, MN 56374 320-363-7201 ?::eaJ(( ~~ : 4u1t/. 51- ;;; I DEVELOPMENT REVIEW APPLICATION A licant: Owner: Address: 1 1 6th Avenue·N~.IiiI. Address: 1362 20th street S.E. st. Joseph, Mn. 56374 Buffalo Mn. 55313 682-4477 922-5616 Conditional Use Permit Vacation of ROW/Easements Variance Non-conforming Use Permit Planned Unit Development V Rezoning Sign Subdivision TOTAL FEE $ ,;)...\71. c?J Date fee received Date application received PETITIONER MUST PROVIDE THE FOLLOWING · A list and mailing labels of all property owners within 350 feet of the boundaries of the property. (This information must be obtained from the Steams County Auditors Office) · Twenty-one 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 for 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 signed this application. [f-r- ;Je>- 9 C- of Applicant // Date ¿/ rr /c1- 9{' Signature ~ee Owner Da e PROJECT NAME: LOCATION: lJ. LEGAL DESCRIPTION: .50 A. Nv45E4 Be§ on cl of Mn 5t 1 76715W of Cross in of Cl of Mn Ci. IA -5 5-5W'on 1109.73' -R900 268.71' -R900 109.3 LOT SIZE: ~50 Acre PRESENT ZONING: R-1 REQUESTED ZONING: R-2 REQUESTED LAND USE DESIGNATION: SETBACK REQUEST: ,~ REASONS FOR REQUEST: To comply with the restriction of more tha 3 un-related adults in single family zone. To permit reasonable development along a bus highway for two family dwellings. AREA REQUIRED BY REQUESTED BY VARIANCE ORDINANCE PETITIONER REQUESTED plus Gar for 2 STAFF NOTES: ... . Help stop a proposed zonine: chane:e of the residence at 116th Av. NW from Rl to R2 duplex (house with 2 doors at entrance to Clinton Addition) Contact your city council person and mayor Mayor Ken Hiementz 363-8703 Councilors Mary Niedenfuer 363-8324 Ken Twitt 363-8109 Cory Ehlert 363-0173 Bob Loso 363-8324 CITY HALL 363-7201 The owners of the residence are seeking to change the zoning of the residence located at 11 6th A v. NW :/Ì'om RI-single family residence to allow a duplex. This will increase the number of people and cars that can be at the residence. Several years ago when this house was being built several ofus notified city officials that this house was being built with two :/Ì'ont entrances. We were told not to worry. It would be zoned R-l-single family housing. The owner rents to students and he wants to get the city to approve a zoning change to allow this to be converted to a duplex. . This is not just a concern for the immediate neighbors. This message is ITom those who live close and a good block away. We are not opposed to multiple unit housing or college students. Many of us have lived in multiple unit housing for many years, some us work at local colleges. However we are sure that one of the reasons you bought your house in this area was that you, like us, thought you were buying into an area of single family homes. There is no doubt in our mind that if this change is made others will ask to do the same and the character of our neighborhood will change. Recently, buyers seeking to buy single family homes for student housing have approached some of us. WHAT CAN WE DO? CONTACT YOUR LOCAL CITY OFFICIAL ABOVE. -STATE THAT YOU ARE OPPOSED AND WHY. SIGN mIS PETITION -it must be turned in my Tues., Sept. 1. PLEASE ATTEND THE PLANNING COMMISSION MEET ING TUESDA Y, SEPT. 8 AT 8 PM (double check this time with City HalL) ONLY NEIGHBORS THAT LIVE WITHIN ABOUT 350 FEET OF THE RESIDENCE WILL GET AN OFFICIAL NOTICE. THERE IS NO DOUBT THAT ALL IN THIS AREA WILL BE EFFECTED-NOW OR IN THE NEAR FUTURE ADDRESS :;;();;.... ,-,,/. /Ü!f Sf¡02\j,b>-:).5 S--.5 (òOS ,~ Q- u I 363-€50b . hf)'-/ 4.{(s:-I-v, ?'}-?IfJ.,ì /0 ~ tP-d t~ N~ ~{¡;~ - ~'Ô/ </ D /30 ~'~ rJ/'1#/~ -(f--., -., , ò ¿j:> W. VVI~ ,]1 - 3~..? -7 7'9 7 (0 ¡) ¡ - v¡ (H (¡~, lit, 3 b? - .í5'¡-:3 &(..19 ¡Æ,I M~.-II- 36::1- $>;;,1; / f'\.JJJJft.D.::!.::! ~o~ ß~~·NLO ZDS W<~4~ ~ sf ' o/{I'" r- ID - ~..,lh - n . t{r.f) ó-l(jC5f1 (,?() \ A-~ s-t l)( \. '] , . ì./ , 1^¿ ¡A2· rl,s;1, y ,,;t J~ ':( pt<-" I W- Pt c \^. c., t \~ I).) ~. Ù D ..:..~ .; illD~SS.~ & ~5, P 1~3, (f) iJ-ß,V¿ ~(Á...' ,tLL / ~3 b'fJ7 ¡f)!/~. ~ )\, I, 'St- /33 f.o-HJ ~ ;V~ / d7 1fl"M , 81 Jr..f, \ Î_ ï (£) t'-'- Ålj e rv (1) :$7- -J"CV ~~ NW b~ Mp S¿,:J5; ~ 70 A.Jt..- {. 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'" g g 0 ai Ò.¡ ,p / '<i '" 8 ... 2? r-; 5B705/'39'[ Q, ::> , I~ \\ / / S~ r-; ~ ID I /25,02, I .,', 1\ / c( '(:¡ I SBs026'12'E I I SBS026'12'E 2549--- , - ;. ,,__ I 130.00 115 00 ~~?? .3!.o..O, ~ ~ OJ I I > /6 ' l' .t:: 0 0 of) I~ I . .:: 0 9 0 I " -,.: '" 8 ~ ~ " ~... ... <\: , ( I S88026'12"E I Q:: __ -- "'" I "'~~- / 130,00 _ _h: \ ~ /0 í ~ \' 'I . \ \ o \ \ ~",/ ~ \- -----\ \ , t. \ \, . \ \, \ c.t.\ II ,-} '" \ ------ '?>\ \---- ~\ I. .~\ I ¡ . -' ~\ '1\ II I -- -----\" - 0 h _______ \ ___\\1~, "I ~ .' ~,. ---- ------------ -------- : I hereby certify tlt..t tl,t· l".~.l· ¡, 111. hereun lire paid fuJ' the Juur '!if ,,,.,' fT~,-,1) ttJlirnu U II ~ f:' . -r-et' &ì.VY\{'¡/ ':;\SMÅ ?Q~Atl)v\ I- ¥{'O'Ç<?f{ï X"PC~€~~ 1'1 (1 '(~Y1IY1 (\ ....~. . I' 'll ' , ~ I . . · PROPERTY OWNER: Triple K Partnership LLP PRESENTERS: Jim Krebsbach Lou Krebsbach PROPOSAL: To extend the lot lines of rental property. BACKGROUND: Triple K Partnership has owned the subject property as a student rental since 1982. In 1986; in order to provide for possible expansion of our Phillips 66 gas station, Tract "C" was carved out of Lot 14 to separate the rental unit ITom the Phillips 66 business (see Exhibit A). In recent years, in order to accommodate the City's ordinance for off street parking, our rental agreements have required that tenants park their vehicles in the area between the house and the back alley (see Exhibit · B). Krebsbach Enterprises elected to close the Phillips 66 gas station in 1997 and has elected not to develop its downtown properties. It has listed the rental property and the ,land parcel next to it (part of the land is owned by Ray and Mary Ann Krebsbach) for sale under two separate listing agreements. Our plan was to sell the rental property with property lines consistent with its actual use in recent years (i.e. lot lines depicted on Exhibit B). However, we have recently been informed by the City Administrator that, because this represents a change to the property, that we might be required to conform to current ordinance requirements for special use of R-3 in a General Business Zone. The current ordinance appears to require a lot area of 12,000 square feet, whereas the proposed lot lines (on Exhibit B) provide a lot area of approximately 9,108 square feet. We would like to receive feedback ITom the Planning Commission, so that we can attempt to resolve this and any other issues. · Lou/mydoclwslpcl.doc . . · We feel that the proposed lot lines make practical sense, for the following reasons: · The proposed lot lines are consistent with the actual use of the rental property in recent years. We have not encountered any problems with this setup. · The proposed lot lines provide the developer of the adjacent land parcel more frontage on Main Street and more square footage for commercial development. This will be particularly true if Lot 13 is acquired and developed by a buyer separate from the buyer of the other land parcels. · Expanding the lot lines beyond the proposed lot lines would require the rental house owner to acquire land that was previously utilized by our Phillips 66 gas station and recently the subject of a petroleum tank release investigation · and cleanup (see Exhibit C). While we do not expect that future work will be necessary regarding this issue, the MPCA has reserved the right to require additional investigation and/or cleanup work in the future. If the Phillips 66 gas station property is owned by two different parties in the future, it could complicate the coordination and resolution of additional environmental work. We appreciate the time that the Planning Commission has given to the consideration of this matter. · Lou/mydoclwslpcl.doc . .__ü_ _'b<_'<~_ ____ ______ __<__ _____ ,___ .. - ( f (" ~ ! ; . <SI "ç! .. . t: ~ '+ /0 ~ S "+ . þ _________________~ r- OOIMIIPI ï ' .00 IU I . UU ..... ;, Q I ~ ~ ~~ ¡ _ ~ : ': ....~)- ," r-Cl : L--- .. ">'I-~ ~ ¡i . · 8..... ~ 8 I ~ ~ ALLEY 204,98CMI ALLEY 2O$,OOIPI ~ ~ r--- --- ,1>~ \ \ --- ---I Þ :óf., I () (] š: _'Y , I I :t I' i"___:.:----~=--------~.. ~ç-------~---------~ ~ ~~ () ~~ - \ :: \ ' ~I -I ~ èD ~.þ \~I IØ : ;0 8 8 ~ -. m ~ ... .~. ---------- ----'--------------1 s ~ I I v^ I -I ~ I ¡; I~" - I I I \I~ 0 40 l 1s, 155 ,zo ___ ___ ----1 ' t-4 t ~ 0 ¢._ I ST AVEI~UE NORTHEAST ~ - - ~ o ~ .0 n ~ II . ,!'II ~ ~ . """" .. II. 'i . 'HI I'll !'Ii ~ tr.1 .. ~ ~ ¡ ~ Iii, .111 .111 .".... rLJ. ~ ... I It f' If II. ,If II. 0 o .. ..8 'II.¡ 'II.¡ ::D '" ! I!: _ ! il' ! ' tllf till ' -f:: i .. 3 I "'- '" ::D \.1 ¡ I I' P, I'P - ! ·¡:Ii III If -a > .. 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Iff v, VJ ûl!l 81" 'ilt II' Ij 2: C ! ~ ',-:' § 't -0 .... H . '''~ ~ ' I. ~! a! ~ ~ :t'" ~ ~ "' == (~( L < ~ \., = r EXHIBIT C , -- . ( . Minnesota Pollution Control Agency August 19, 1998 Mr. Jim Krebsbach Krebsbach Oil 3333 West Division Street Suite 217, Midtown Square Saint Cloud, Minnesota 56301 RE: Petroleum Tank Release Site File Closure Site: Former Phillips 66 Station, 25 Minnesota East Street, Saint Joseph Site ID#: LEAKOO010584 Dear Mr. Krebsbach: We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Tanks and Emergency Response Section (TERS) staffhas determined that your investigation and/or cleanup . has adequately addressed the petroleum tank release at the site listed above. Based on the information provided, the TERS staff has closed the release site file. Closure of the file means that the TERS staff does not require any additional investigation and/or cleanup work at this time or in the foreseeable future. Please be aware that file closure does not necessarily mean that all petroleum contamination has been removed from this site. However, the TERS staffhas concluded that any remaining cont.amination, ifpresent, does not appear to pose a threat to public health or the environment. The MPCA reserves the right to reopen this file and to require additional investigation and/or cleanup work if new information or changing regulatory requirements make additional work necessary. If you or other parties discover additioJ!.al contamination (either petroleum or nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the MPCA be immediately notified. You should understand that this letter does not release any party from liability for the petroleum contamination under Minn. Stat. ch. Il5C (Supp. 1997) or any other applicable state or federal law. In addition, this letter does not release any party from liability for nonpetroleum contamination, ¡fpresent, under Minn. Stat. ch. l15B (1996), the Minnesota Superfund Law. The monitoring wells for this site should be abandoned in accordance with the Minnesota . Department of Health Well Code, Chapter 4725. If you choose to keep the monitoring wells, the Minnesota Department of Health will continue to assess a maintenance fee for each well. 1601 Minnesota Drive; Brainerd, Minnesota 56401; (218) 828-2492, FAX (218) 828-2594 Central OffIce: St. Paul Regional OffIces: Duluth· Brainerd · Detroit Lakes · Marshall · Rochester Telephone Device for the Deaf (TOD): (800) 627-3529 Equal Opportunity Employer· PrinÞld on t'KYcIed paper conlainlng .1 least 10% ftbers from paper t'KYded by conaumers - ~ (r r' . . Because you performed the requested work, the state may reimburse you for a major portion of your costs. The Petroleum Tank Release Cleanup Act establishes a fund which may provide partial reimbursement for pe1Íoleum tank release cleanup costs. This fund is administered by the Department of Commerce Petro Board. Specific eligibility rules are available from the Petro Board at 612/297-1119 or 6121297-4203. If future development of this property or the surrounding area is planned, it should be assumed that petroleum cont8.mination may still be present. If petroleum contamin~tion is encountered during future development work, the MPCA staff should be notified immediately. For specific information regarding petroleum contamin~tion that may remain at this leak site, please call the TERS File Request Program at 6121297-8499. The MPCA fact sheet #3.35 Leak/Spill and Underground Storage Tank File Request Form (August 1997) must be completed prior to arranging a time for file ~ew. Thank you for y.our response to this petroleum tank release and for your cooperation with the MPCA to protect public health and the environment If you have any questions regarding this letter, please call me at 218/828-6070. If you are calling long distance, you may reach the MPCA at 800/657-3864. Sincerely, . ~ Project ManagerlHydrogeologist Remediation UnitlRegular Facilities Unit North District-Brainerd Office JTC:nab cc: Rachel Stapleton, City Clerk, Saint Joseph Don Adams, Stearns County Environmental Services Director, Saint Cloud Clint Jordahl, Braun Intertec, Saint Cloud Lisa Heesch, MPCA Metro District-Remediation, Saint Paul Minnesota Department of Commerce Petrofund Staff . . UIIOFRCML MINUTES . Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, August 3, 1998 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners Linda Sniezek, Marge Lesnick, Kurt Schneider, Jim Graeve. Council Liaison Cory Ehlert. Deputy Clerk Judy Weyrens. Others Present: John Fischman, Roger Steichen, Nel Pfannenstein, Chuck Scherer, Ron Kostreba, Ellen Wahlstrom, Bob Wahlstrom, Steve Streng. College of St. Benedict. Building Permit Request: John Fischman of Grooters Leapoldt Tideman Architects appeared before the Commission to request authorization to secure a building permit to construct a bus shelter. The bus shelter will be 25' x 25' and located west of the Clemens Library. It is anticipated that the shelter will hold approximately 60 to 70 persons. The structure will be a permanent glass enclosed building. The reason for glass enclosure is for the safety of the students. When questioned as to why the College is moving the bus area, Fischman stated that the present location at Mary Commons is becoming too congested. The congestion is both inside Mary Commons and the parking area outside. Fischman verified that the plans have been submitted to both the Building Official and the Fire Chief for review and comment. Lesnick made a motion authorizing Grooters Leapoldt to secure a building permit on behalf of the College of St. . Benedict to construct a bus shelter. The motion was seconded by Graeve and passed unanimously by those present. Gary's Pizza. Building Permit Request: Roger Steichen appeared before the Commission to request authorization to secure a building permit to install a walk-in cooler behind Gary's Pizza creating a door from the existing building. Steichen stated that his business does not have adequate storage space and adding a cooler would alleviate that problem. Steichen presented a plan to place a cooler 8' x 6' behind the existing structure. However, he stated that he would like flexibility in the size of the cooler approved so that if he fmds a cooler 16' x 6' he could redesign his plan. When questioned if the Fire Chief had a chance to review the plan, Steichen stated that the Fire Chief, Building Official and Public Works Director all reviewed the plan for the 8' x 6' cooler. Steichen stated that there is currently 10 feet between the rear of his building and the adjacent property. After the cooler is installed there would still be a four foot walkway between property lines. Lesnick questioned the location of the compressor for the cooler and if it would have an adverse affect on the residents of the adjoining property. Steichen stated the compressor will be located on the top of the cooler and does not feel it will create a noise problem. Lesnick made a motion to authorize Roger Steichen to secure a building permit to allow the placement of a cooler not to exceed 110 square feet behind Gary's Pizza. Approval is contingent upon the approval of the Building Official and Fire Chief. The motion was seconded by Sniezek and passed unanimously by those present. Nel Pfannenstein. Buildable Lot Clarification: Pfannenstein stated that the City Council requested that she re- appear before the Planning Commission to further clarify if the lot, located between 2nd Avenue NE and 3rd . Avenue NE is buildable. Ehlert discussed the Council discussion of July 16, 1998. Councilors expressed concern with allowing a single family home to be constructed with the only frontage abutting an alley. Allowing a home to be built on an alley with the only frontage being an alley creates problems with snow August 3, 1998 Page I of3 fJItOFRe/~L MINlITFt removal and street maintenance. The Commission expressed frustration with the matter being referred to back . to the Commission as they spent a great deal of time reviewing the matter. Further, the Commission forwarded a recommendation based on the advice of the City Attorney. Weyrens stated that she received information from the City Attorney regarding this matter and he offered the following infonnation: The only section in St. Joseph Code of Ordinances that relates to building on an alley is section 54.7 subd 4. This section relates to design and platting. As the lots were allowed to be reconfigured inn 1982, the lots became lots of record and buildable at that time. If the configuration would be a new request, it would not be allowed under the above stated section. The Commission stated that they understood the above information at the previous meeting. The recommendation of the Planning Commission included the information from the City Attorney. Graeve stated that the Comprehensive Plan adopted by the City of St. Joseph includes a provision to provide affordable housing. It is his understanding that the lot being discussed would qualify for such and should be encouraged. Further, it is his opinion that the City should maximize the available land and allow smaller parcels to be developed. Ehlert made a motion to re-affinn the recommendation of the Planning Commission of July 6, 1998 and approve the variance request ofNel Pfannenstein. Further, this recommendation requests the City Attorney prepare a letter detailing the information presented to the Commission on July 6, 1998. All costs incurred for the preparation of the letter from the Attorney will be reimbursed by Nel Pfannenstein. Further, this motion requests the Council to attach the following clause to the building permit: Snow removal and street maintenance of the alley fronting this property will be maintained as all alleys. It will not be given any special considerations . for paving or plowing. The motion was seconded by Lesnick and passed unanimously by those present. See exhibit "A" for detailed letter drafted by the City Attorney. Chuck Scherer - Discussion on Zoning: Chuck Scherer appeared before the Commission to discuss the present zoning of Scherer Trucking. Currently the parcel abutting Minnesota Street is zoned R-1 Single Family and the parcel abutting CR 75 is Commercial. At this time the business is expanding and Scherer would like to convert the existing house into an office. The Commission discussed the alternatives for Scherer. They are as follows: apply to rezone the property as Commercial; research whether or not a Special Use Pennit could be issued under either R-1 or R-3. Scherer indicated that he would not apply for re-zoning if the neighbors were adverse to the concept. However, he would then request the Planning Commission's authorization to construct an additional office on the Commercial property. Ehlert stated that he is not in favor of spot zoning and would rather research other alternatives. As Scherer does not have a deadline, he will discuss his proposals with the neighbors and report back to the Commission in September. Ron Kostreba - Preliminary Plat Proposal: Kostreba appeared before the Commission to discuss his proposed plat on East Minnesota Street and the proposed 12th Avenue SE. Kostreba is requesting to plat the parcel into three lots for single family development. The plat was designed with three lots consisting of 13,000 square feet; 13,100 square feet; 13,200 square feet. However, one of the proposed lots does not meet the minimum design standards of a 75 foot frontage. Kostreba stated that while the lot abutting MN Street has a front footage . of 86 square feet, he would hesitate to reduce that due to the setback requirements of a comer lot. August 3. 1998 Page 2 of) - UIlØFRfML MllIUTft . Kostreba also discussed the need for the City to work with him on his plat as he has some outstanding issues regarding the easement for 12th Avenue SE and utility stubs placed to the proposed plat. The Commission discussed the requirements for granting a variance and the impact of allowing the reduction. After further discussion of the lots and the need for larger lots, the Commission encouraged Kostreba to discuss the matter with the City Council as the issue appears to contain more than preliminary plat approval. The Commission agreed to schedule the Preliminary Platting hearing for September 8, 1998 with approval of the City Council by action at the August 20, 1998 regularly scheduled meeting. Adjourn: Grave made a motion to adjourn at 8:35 p.m.; seconded by Sniezek and passed unanimously by those present. ~~J~~ Deputy Clerk . . August 3, 1998 Page 3 of3 AUG- 6-98 WED 13:40 RAJKOWSK[ HANSMEIER LTD FAX NO. 3202515898 p, 02 . VRa'kOWSki ~" ~~~~Ud --~- -- -".- - - -- ---- _.~-----. --.--. 11 Se<rÏIÚh A""'nLMI North -VIA FAX- ',0. loX 14'3 51. CIO\J~, MN 56302·1433 August 5, 1998 32G-LSI-I055 Ms.. Judy Weyrens Toll free 800-4'15·9617 City of St. Joseph Deputy Qet:k fIX 3~().2S I·~ P.O. Box 668 St Joseph, MN 56374 lolh(l!~dOIl"¡¡'~l.t(111 Re: Nel Píannenstein Variance Application Our File No. 18,889 Dßal' Judy: It is my understanding that the Planning Commission reconsidered the Net Pfannenstein Variance AppUcation on August 3, 1998. At that meeting. the Planning . Commùssion asked that I direct a letter to the City Council outlining the information that I present~ to the Planning Commission at its July meeting. You contacted me the following day and asked me to prepare this letter. I would flrst like to set forth a brief summary Qf the history surrounding this issue. Initially. the property consisted of two lots which were approximately 4S feet by 190 feet The City records show that on November 1, 1982, Dave Pfannenstein appeared before the Planning Commission and presented 8. request to replat the properly. rr;)II1: J It.'ík('"lw,k,í It Under the proposa~ th~ property would still consist of two IQts, but the dimensions of the lots would be changed tQ approximately 90 feet by 95 feet The total area of (jC~rfol' Ii IIl'llI"flt:iN the two lots would not change:., but the reconfigured IoU¡ would be relatively square rather than narrow and rectangular. flrcll"lIck. l <iuJlf1ki' Tholnal G, )Q.....I\QYÌth· On June 4, 1984, this matter was back before the Planning Commission. The Planning ~"hq It ~t"hM""· Commis.'Jion recommende.d that the reconfiguration of the lQts be allowed ~èul ^, R~¡~ow~ki' This ma.tter thßn can before the City Council on June 7, 1984. At that time, the City Council approved the feplatting of the lots. 1<.rvin'f Gt\\,. Willi_n> J, c.11I~n",. Finally, on March 3, 1994, Dave Píannenstein came back before the Council to verify that th~ lots were buildable. The Minutes from the m~eting indicate that 'the Council Ricnorcf W $Ollhlv,,.,,, was in agreement·, and the City office was instructed to review the 1984 Minutes and Rrll1 S liHlIt11rHHt advise Dave Pfa.nnenstein of the findings. On March 11, 1994, the City Clerk directed a letter to Dave PIannenstein with a copy of the June 7, 1984 Minut~ noting that the -- Pllrlq~1 M, I in(IIJlilt Planning Commission. and City Council had approved the lQts. 101\. R H¡III'1" ~ Mar~ f, Ar"~IOn ~'t- 1-..\ 'p"~ ',' A '\ rr¡nJt) I\t<~"""";.nri IIldJadW. ~>'ONt'.....cm'tttd /0 ¡y~jn ~'Oi't1I Dorol-. t$MiOt1 H. H¥JIm,,'wk1Nonh~1i iJ'>dW~ Ptul A ~;..I'.obtt>n¡¡.¡ tnd ~J, G.»'VNn ¡., SOfJI1'I ~~ "McmbIor of ^''''iri<~n &o¡(Q c! TrW Arnnnt1'\ 'n...r.1Wi ^n. _.,,/ i , - AUG- 5~98 WED 13:41 RAJKOWSKI HANSMEIER LTD FAX NO. 3202515896 P. 03 . V Ms. Judy Weyrens August S, 1998 Page -2- \. - _.- Nel Pfannenstein haS-recently applied for a variance on -tha-issueso{ lot depth and- area. The-itätutes .--.._~._-,_.._- require a lot area to be at least 1,100 square feet, and the lot depth to be atlea3t W feet. When I appeared before the Planning Commission in July, I pointed out several factors. First of an, pursuant to Ordlnance 52.11, Subd. 14, the lot in question would be considered a non--confonning lot of record. Under that ordinance, even though the lot Is of insufficient area. the lot .ia still buildable so long as the setback requirements of the ordinance are mel. I also noted that the pre\1ious action by the Council (from 1984) would estop the City from now denying the owner to bulld on the property because it does not meet current standards. The City may not prohibit a prop~ty owner from using property in a manner which had previously been authorjzed Quite honestly, I doubt that a variance is needed at this time. Since the City previously approved the reconflguradon, the lots would be existing lots of record and fall within *grandfatherecr status. It is my understanding that some questions have ati5en with regard to Ordinance 54.7, Subd. 4, which deals with minimum design stnndu"ds for subdivisions. That provision provides that all lots must front . on a dedicated street) not an alley. As I indicated previously, this ordinance sets forth ooign standards for subdivisions and plats submitted for consideration by the City. It does not necessarily prohibit construction on existing lots of record because they abut an alley. Clearly, this is not a good situation. If this Council was faced with the issue presented to the Council in 1984, it would be my recommendation that they deny the replatting of the lots. Unfortunately, that is water over the dam, and this Council does not have the authority to reverse the action of the prior Council where the citizen has relied upon the prior decision and has taken action in reliance thereon by selling the lot which abut3 the public right-of·way. It is my recommendation that the City allow the variance. In doing so, it should be clearly stated on the record that the alley will remain an alley and will be maintained as an aD.ey. It will not be ¡iven any priority with regard to snow plowing. It will not be given any special consideration for paving. I would also recommend that at the time the permit is issued, the Building Inspector review the building plan to determine appropriateness of setbacks in light of the unique character of this lol In the future, lot reconfiguration wiu not be approved unless aU lots abut a street Very truly yours, RAJKOWSKI HANS MEIER LTD. By John H. Scherer . JHSfbaz k\&=\llU1\aJ1)8t.$1J)U '01, ,..-' I . --1 , I ~ 6 ' w I , I --~ 8 ' i ~ I i U) I 6 i fu . . ~ I I -") . ~ ' I I I ---~ ~ ! -, I 6 I ~. . -, II I , I' __-I 1 :! I II I I ELM Sf. E. I 1'1 I I I I ------------------- -ì I 1'1 !\MCON ------ :, 6LOCK , a ^ND I 1'1 PRE~f ' I I 6 :' , II I I, , :1 . 6 = BORGERf PROPERTY t¡>! :1 R I :'1 ' I I ~ 'I EXlSl1NG ENTMIµ t, , I' I " "-__ " , ~, I I -_ , I , ! D Exletll16 I ~ I 2'-()" , -------.. I ----- . ..~--..~-~..-___ II ----t- -~...~.._-~---~---- -_.._-~---~..._.._--.. Borgert Pavers 1998 Expansion g County Road 134 Scale:N.T.S. ~ . P.01 AUG-28-98 10:31 PM 04 ~' . August 28.1998 Planning Commission City of St. Joseph Public Hearing on Special Use and Variance request of Borgert Products St. Joseph, Minn. We the property owners of MCa, the adjacent property too Borgert Products. have been notified Of the requested Use and Variance hearing on the proposed expansion of Borgert Products. In this regard we would strongly recommend the issuance or the requested Use and Variance permits. as the height of the building is of no concern to us. ' It is good to see the continued growth of this company. They have been good . neighbor's and contributors to he area. Yours truly. .