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Home My WebLink About2004 [03] Mar 01 www.cityofstjoseph.com ity of St. Joseph . St. Joseph Planning Commission 25 College Avenue North March 1, 2004 PO Box 668 7:00 PM St. Joseph, MN 56374 (320) 363-720 I Fax: (320) 363-0342 ADMINISTRATOR 1. Call to Order Judy Weyrens MAYOR 2. Approve agenda Larry J. Hosch 3. Approve Minutes COUNCILORS Alan Rassier 4. 7:00 PM Public Hearing - Comprehensive Plan Amendment Ross Rieke Planning District 8 and 13. The purpose is to allow for mixed Gary Utsch density developments. Dale Wick 5. 7:20 PM Public Hearing - Ordinance Amendment, Definition of a Family 6. 7:30 PM Public Hearing - Preliminary and Final Plat, Honer Homes . Platting of 504/508 and 606/608 East Minnesota Street. Purpose: To allow existing duplexes to be sold as separate housing units. CANCELLED Why USA - request to conduct a public hearing to rezone all Rl -- property abutting Birch Street between I st Avenue NE and the north/south alley to B2, Highway Business. 8. Other matters a) Establish meeting date for preliminary plat named Foxmore Hollow b) Proposed Amendment to B3 Zoning District c) Request from residents along 95th A venue to reconsider a portion of the Graceview Estates Plat 9. Adjourn . DRAFT February 2, 2004 Page 1 of 2 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular .- session on Monday, February 2, 2004 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair (Council Liaison) Gary Utsch. Commissioners S. Kathleen Kalinowski, Kurt Schneider, Bob Loso, Jim Graeve. Administrator Judy Weyrens. Others Present: Jamie Thelen, Richard Hennings, Jim Sand Approve Aqenda: Graeve made a motion to approve the agenda as presented; seconded by Kalinowski and passed unanimously by those present. Sand Companies. Morninqside Acres Concept Plan: Jim Sand spoke on behalf of Sand Companies. Sand stated that he has recently entered into a purchase agreement to purchase and develop the area known as Morningside Acres. Sand provided the following background information on the services Sand Companies provide: · Construction Services to include general contracting, construction management, on-site supervision and guaranteed pricing. · Development Services to include site selection, market analysis, design concept, satisfaction of budget goals, secure government approvals, cultivation of project capital and financing arrangements. · Property Management Services to include full service management, hotels, townhouses, apartments, marketing, competitive analysis, accounting and network purchasing of furniture, fixtures and equipment. · In 1999 Sand Companies had development assets of 56 Million, which has risen to 160 Million in 2003. · Examples of Townhome development include: 322 Luxury/Upscale town homes in Plymouth; 150 upscale townhomes in St. Cloud (Heritage Park); 10 unit work force townhomes in Albany . (Countryside). Sand stated that if the townhomes are approved, Sand Companies will be seeking financing from the Minnesota Housing Financing Agency (MFHA). The townhomes will be considered work force housing with income restrictions. The units would be available to families whose income is 60% or less of the area median income. Sand stated that the financing through MFHA is competitive and is not awarded until September or October. Therefore, the townhouse portion of the project would not begin until Spring of 2005. Sand further stated that if successful in receiving assistance, the project must be held by the awarded agency. Therefore, Sand Companies is looking to become a partner in the development and will not be selling the development after it is constructed. MFHA Financing requires a 15 year commitment and offers incentives after 15 years to help the project maintain the goals for which financing was received. If the project is allowed to move forward, Sand Companies will conduct neighborhood meetings to inform the neighborhood of what they can expect from the development. Utsch recommended that the neighborhood meeting be conducted before the City conducts the public hearing. Sand stated that work force housing will provide affordable housing in St. Joseph. All the townhomes will be fully furnished with appliances and the exterior will be as maintenance free as possible. The median income for this area is $ 58,200. Based on that median, income qualifying families must earn less than $ 34,920 per year. When questioned on the proposed rent for the homes, Sand stated that a two bedroom is anticipated to be $ 655 per month and three bedroom $ 756 per month, inclusive of utilities. In addition to the townhomes, the proposed development includes 27 single family dwelling units. The homes will be market rate and all the lots will meet or exceed the minimum design standards. If the development is approved, the single family homes could be constructed in 2004. Sand stated that they will sell the lots to residential home builders as Sand Companies does not build single family homes. . Sand requested the City consider extending the decorative lights to the entrance of the proposed DRAFT February 2, 2004 Page 2 of 2 development. If the lights are extended then Sand companies will continue the lighting in the · development. The Planning Commission questioned Sand as to how he proposed to satisfy the park dedication requirement. Sand stated that he has not completed the detail for the plan but he understands that he will be required to meet the park dedication requirement and connect the development to the trail system via sidewalks. Loso questioned if the proposed plan has been reviewed by the Stearns County Engineer. Weyrens stated that since the plan before the Commission is concept only, it has not been forwarded to the County or APO. If the concept is approved, the developer must provide detailed plans which will then be forwarded for comment and review. Weyrens stated that if the concept plan is acceptable to the Planning Commission, a public hearing to amend the Comprehensive Plan must be conducted. The Comprehensive Plan illustrates the area known as Morningside Acres as Single Family while the development of Townhomes would constitute multiple family. The same process is needed for the proposed plat of the Walz Farm. The Commission agreed to conduct a public hearing for the proposed amendment to the Comprehensive Plan. Since both of the proposed developments are in the same planning district, one hearing will be held for both proposals. The Commission was in general agreement that the proposed development of Morningside Acres is an acceptable plan and encouraged Sand Companies to proceed to the Platting process. The Commission discussed the proposed development in relation to the agreement to provide affordable housing. Utsch stated that since the townhomes are targeted for affordable housing, none of the single family lots would be required to be affordable in terms of the agreement signed with the area Cities. Graeve questioned at what time does the City start requiring developers to designate 15% of their development as affordable and require participation in the Life Cycle Housing Agreement. Utsch stated that the City is providing affordable housing, but they are not receiving credit for such since the financing mechanism is not being utilized. Weyrens clarified that if the valuation for new homes built in 2003 were reviewed, it can be noticed that a · large number of homes were valued at or near the target house valuation for the Affordable Housing Agreement. However, Cities do not receive credit for participating in the Affordable Housing Agreement unless the property owner utilizes the financing established in the Affordable Housing Agreement. During 2003 the financing mechanism was not in place when the plats were approved, therefore, they did not qualify. St. Joseph had one unit that applied for the financing and the Developers Agreement had to be amended to allow for such. Therefore, based on building permit data, the City did provide ffordable housing, but not through the established program. Adjourn: Loso made a motion to adjourn at 8:05 PM; seconded by Kalinowski and passed unanimously by those present. Judy Weyrens Administrator · . I Attachment: Yes or No I REQUEST FOR PLANNING COMMISSION ACTION Public Hearing - Comprehensive Plan Amendment DATE: March 1,2004 AGENDA ITEM Public Hearing - Comprehensive Plan Amendment PREVIOUS ACTION The Planning Commission has been approached by two developers, Rick Heid/Bob Herges and Sand Companies, to construct R3 housing in developments located adjacent to County Road 121. HeidlHerges: Requested to construct a R3 structure on the portion of the Walz property that abuts the Wilshire Apartments. The remaining development will consist of single family homes. The Planning Commission at the January 5, 2004 viewed the proposed concept plan and authorized the hearing for the amendment. Sand Companies: Requested to construct workforce housing on the southern portion of the . property known as Morningside Acres. The housing will be attached single family home with income qualifications. RECOMMENDED PLANNING COMMISSION ACTION COMMENTS/RECOMMENDATIONS The process for amending the Comprehensive Plan is new to the Planning Commission. Previous Comprehensive Plans did not include future land uses. The process for reviewing Development requests include the impact to the Comprehensive Plan. Ifthe proposed development is not consistent with the Comprehensive Plan a public hearing is requested. Procedurally, we are requiring that the Planning Commission determine if a request for public hearing wi11 be accepted. The property owners abutting the property within 350 feet have been notified of the proposed amendment. In reviewing section eight (Heid/Herges), the only R3 illustrated on the future land use map is adjacent to 95th A venue and behind the single family homes on County Road 121. In reviewing section thirteen, a section abutting CR 121 from the St. Joseph Township Hall extending to the Sauk River is proposed for R3 development. Both of the requests before the Commission abut either existing R3 or future R3 land use. - - www.cityofstjoseph.com ity of St. Joseph . City of St. Joseph Public Hearing 25 College Avenue North PO Box 668 The St. Joseph Planning Commission will be conducting a public hearing on Monday, March St. Joseph. MN 56374 1,2004 at 7:00 PM in the City Hall. The purpose of the hearing is to consider amending the (320) 363-7201 future land use map for Planning District 8 and 13. The proposed amendment would allow Fax: (320) 363-0342 multiple family dwellings in said Districts. The amendment is being requested to allow for ADMINISTRATOR mixed density developments. Judy Weyrens All persons wishing to speak will be heard and oral testimony will be limited to 5 minutes. MAYOR Anyone wishing to present written testimony may do so by submitting testimony to: City of Larry J. Hosch St. Joseph, PO Box 668, St. Joseph MN 56374. 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I I \ I , I ¡ ZO(f) i f--m-----m---------------m___j S f- f- : , '\." 0«0 ¡ Q "-" I-CL-l ¡ 1 ~ "'" c.D ¡ ~-m----__------------- "O,~ 0-J <X) OJ I . % n~0-J I ~ I ~ , ¡ f-------------·m-------------- ; ,.o~'¢~ , I ~ v \'{2. ~_ r.to~ ~ ~ "y,W t----------------------------------- .~\ ~~ 01 ! ·'!)--·~<t \ ; ; '0 ~ :~.3--0'~ ;:: I~------~--------------------- ~ \n ~'~ ~ '1,\ r--,I ~ ~ a ~~ \ I [_UU__uu_, ""~ ~ '"'<;;, _~~~,_J'~/ ~ 1·0 / 0\\ ..o-.O~\ ; :-___u '"; ; ~ ,/ ,;\~ :J j 9 ~;? ~ '?\ "" I ,____u_______u_________m______ ~ ,0;; - ! / /. "\.~ ~-_07t j/ 0 {)3t ' ¡ 0 ~ - ¡ ~ /i , ! ~/// I~/Õ r-----------------m-----------m '<0 ij'Y I / \'-.S'9 i c r.- , --, ¡ \ I ..- .,E , ..0 .,g I . / I~" , ·1 i !,() / ¡ VI 9/ \ ?i 0 1 :: / ! c;/ \ .11 ! c:; /~ 1 0)J \"1 0 , .- q- ! / / >--¡ OJ Y:¡ Î'- J '. 5'1 '_0 .1'1:2 r-~----~---------~-~------_ f / f ,! o....c 0; 0 : /, / 'f-. ';; ~,' 'C ! / I II II ", , ..0-,6£1 , / /.- '- 0 : / / ¡ " i I : / - ~o-:~gt I ,0- OOt , ~ 06 . ;.... l"ì ¡ í i ¡ ..0-,£2 "Cf - J ----------------~---------------! r . ¡ ! ¡;n ¡ 11}: ¡ -~ n i I I I .... ,<;;Z"l ¡ I ! 1 ! ¡ ! , j I ,I 0, I ~-------m----n-------l----j ! i I _ r , I,' ! ¡ ,¡ ..0 ."l. ¡ j : I , I : I ~ ., i I I , I 1 I I : ¡ I L___________________L___________L_____ ..0- ÇZ( I -- u u. n. - --.-- ·.u _~u m.___ - -.._-- ." ,,,,- ,,-;;;;;';./;M; ,,;,,;;;, _ _.. _ _ m. m_ I I I '. \ --~-----_!_------~- _~_-----_t------~-- I . I Attachment: ~f~~ or No I REQUEST FOR PLANNING COMMISSION ACTION Definition of a Family DATE: March 1, 2004 City Attorney ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Amend Ordinance 52.04, Subd. 31(c), to delete part ofthe definition of "family" which implicates constitutional protections by limiting the definition to certain degrees of kinship. PREVIOUS ACTION The council previously tried to make this amendment on January 15,2004, however the amendment cited . the wrong subdivision of 52.04. The ordinance should have referenced 31 (c) instead of subdivision 22. RECOMMENDED BOARD ACTION Approve the attached Ordinance which will rescind the amendment adopted on January 15,2004, reinstating the prior definition contained in Subdivision 22, and will delete subdivision 31(c), which contains the challengeable language. FISCAL IMP ACT None. COMMENTS/RECOMMENDATIONS . · AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE The City Council for the City ofSt. Joseph hereby ordains: That Section 52.04, Subdivision 31(c) of the St. Joseph Code of Ordinances is hereby repealed. Section 52.04, Subdivision 31 shall consist only ofthe following language: "Subd. 31: Family. a) A family is any number of persons living together in a room or rooms comprised of a single housekeeping unit and related by blood, marriage, adoption, or any umelated person who resides therein as though a member of the family. Any group of three persons not so related but inhabiting a single house shall, for the purposes of this Ordinance, be considered to constitute one family. b) With respect to any property validly licensed as a rental unit pursuant to Section 55.11 of the St. Joseph Code of Ordinances, as of October 15, 1990, the definition of "family" which existed prior to October 15, 1990, shall continue to apply. This prior definition had defined "family" as up to five umelated persons. The application of this prior definition to existing · rental units shall be construed as a non-conforming use as limited by Section 52.08 of the St. Joseph Code of Ordinances and shall be transferable. A lapse or revocation of the rental license for any such property shall be considered as a discontinuance of a non-conforming use and the property will thereinafter be required to conform with the definition of "family" as set forth in paragraph (a) above." That the Ordinance adding Section 52.04, Subd. 22(c) approved by the City Council on January 15,2004, is hereby rescinded, and the language existing prior to the Ordinance shall be reinstated, These amendments are adopted the _ day of , 2004, and shall be effective upon publication. CITY OF ST. JOSEPH By Larry Hosch, Mayor · . AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE The City Council for the City of St. Joseph hereby ordains: That Section 52.04, Subdivision 31(c) of the St. Joseph Code of Ordinances is hereby repealed. That the Ordinance adding Section 52.04, Subd. 22(c) approved by the City Council on January 15, 2004, is hereby rescinded. These amendments are adopted the _ day of , 2004, and shall be effective upon publication. CITY OF ST. JOSEPH . By Larry Hosch, Mayor By Judy Weyrens, Administrator/Clerk These amendments were published on ,2004. L: \city\stj oe\2004 \ordinances . I Attachment: Yes or No I REQUEST FOR PLANNING COMMISSION ACTION Preliminary and Final Plat, Honer Homes DATE: March 1,2004 AGENDA ITEM Preliminary Plat - Honer Homes PREVIOUS ACTION None. RECOMMENDED PLANNING COMMISSION ACTION Recommend the Council approve the preliminary and final plat for Bennet Place and Braden Plat as presented. . COMMENTS/RECOMMENDA TIONS I have reviewed this plat with the City Attorney as the plat contains property already platted and I was uncertain as to the procedure. To accomplish the platting, the property owner is required to submit a registered survey illustrating the new lots and Declaration of Home Owner Obligations. The declaration must indicate the common wall and include responsibilities for repair and maintenance. Both of these requirements have been met. The property is currently zoned R2, Two Family and the platting of the property to allow for individual ownership is permissible and will be consistent with the zoning. In addition the proposed plats have been reviewed in accordance with the Comprehensive and is consistent with present and future uses. . Zoning Map - Honer Homes . Subject Parcels, both zoned R? Two Fami1v ",,:I: HONER HOMES INC. , .' . .'. . . 21 21st Ave No. · Waite Park, :MN 56387 · Phone: 320-251-7902 · Fax: 320-685-5462 February 18, 2004 Planning Commission City of st. Joseph Dear Members: The duplexes built on the proposed plat were built in the early 1970' as student housing. The character of both the student housing needs and the neighborhood where the duplexes are located have changed. The duplexes are now better suited to ownership as single-family residences and can be priced in the range for affordable housing. . Therefore, it is the intention of Honer Barnes, Inc. to convert these two rental duplexes into single-family twin- homes and market theTh as such. Thank you. Sincerely, Pamela M. Eller, CEO Honer Homes, Inc. www.cityofstjoseph.com itg of St. Joseph . City of 81. Joseph 25 College Avenue North Public Hearing PO Box 668 51. Joseph. MN 56374 The Planning Commission for the City of St. Joseph shall conduct a public hearing on Monday, March (320) 363-7201 1, 2004 at 7 :30 p.rn. in the City Hall. The purpose of the hearing is to consider a preliminary plat to Fax: (320) 363-0342 condo minimize the property located at 504/508 East Minnesota Street and 606/608 East Minnesota Street. The area to be platted is legally described as follows: ADMINISTRATOR Lots Five (5) and Six (6) in Block One (1) of Wagner Notsch Sub-Division and Lot Two (2) and the east 50.23 feet Judy Weyrens of Lot Three (3) in Block One (1) of Wagner Notsch Sub-Division MAYOR The proposed plat has been submitted by Honer Homes, Inc, 21 - 21 st Avenue North; Wáite Park 1\1N Larry J. Hosch 56387. COUI'iCILORS Alan Rassier Judy Weyrens Ross Rieke Administrator Gary Utsch Dale Wick 504/508 East Minnesota Street Lllllllll / . >' ~l ~ - APPLICATION FOR SUBDIVISION REVIEW CITY OF ST: JOSEPH . 25 College Avenue North S1. Joseph;MN 56374 . PH: (320) 363-7201 Ff'X: (320) 363-0342 APPLlCANT(S) NAME: HONER HOMES, INC. DATE: February 10, 2004 -.--- - Pamela M. Eller, CEO __u ADDRESS: 21 21st Avenue North Waite Park, MN 56387 PHONE NUMBER(S): (320) 251-7902 FAX: (320) 685-8961 -_..-_-_.__._~-_._----- --_.... -- .~-. -.'.--..-- - - -- PROPERTY OWNER(S} NAME (if different from Applicant): _____ ADDRESS: PHONE NUMBER: FAX: PLEASE ATTACH ANY ADDITIONAL NAMES, ADDRESSES AND TELEPHONE-NUMBERS OF ANY OTHER PERSONS, FIRM AND CORPORATION HOLDING INTERESTS IN SAID LAND. I/We. the undersigned, hereby make the following application to the Planning Commission and City . Council of the City of St. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with an ordinance . requirements ): A. Application is hereby made for: (Applicant-must check any/all appropriate items) - _. ~ Preliminary Plat Review X Final Plat Review - _ Planned Unit Development Plan Review - Minor Subdivision Review , B. Parcel Identification Number(s) of Property: R84.53931.DOO Legal Description of Property: (Please Attach Metes & Bounds Description) Lots Five (5) and Six (6) in Block One (1) of Wagner-Notsch Sub-Division, '. '.' püT~; of I;h(~ :rrO;t't;bH~Ht £.~uaJ"teX" of' the Soutl ¡¡st QU11rter (NltJ 1/4 BE l/~J þ D:f See ti on lhlrnbered Ten (10), tn 1.{1own~hip 'mbereä Or:H7 I-hmdred THr;mt;y~·.f(H.lr {12hJ HQPt.h, IN. of Hsnge Numhered Twenty- n.e ( 29) We s t, . n, J.11 ";' GeD1"l1S Goun ~;'T ~·1inTH~ !:Iuta \'" ..... - - .. -.. ~ JJ Cily of 81. Joseph ^pplicalion for Subdivision Review Page 1 2. Location: 504 and 508 East Minnesota Street, St. Joseph, 1vlN . 3. Gross Area: 17,385 sqft 4. Number of Lots: T'\vo ( 2) . 5. Current Zoning Classification(s): R-2 6. Desired Zoning Classification(s): R-2 7. Current ZoningClassification(s) of Adjacent Parcels: 8. Name of Pending Street Name(s) Included in Development: 9. Name & Address of Land Surveyor/Engineer: Bogart Pederson & Associates, In( 303 NE 4th Avenue. Suite 110. \.Jai te Park , HN 56387 D. Does the proposed preliminary plat require rezoning? Yes. Explain X No E. Is the proposed preliminary plat consistent with design standards and other requirements of the City of St. Joseph Subdivision Ordinance, Zoning Ordinance and Comprehensive Planning documents? Yes, skip to F. No. if 'No' applicant must complete items below in italicized print. The request(s) which I/we desire for our property require a variance from the following section(s) of thee St. Joseph City Code: Sectíon Section Section Proposed variance( s): What special conditions and circumstances exist which are part(cular to the land, structure or building(s) involved which do not apply to the land, structures or building(s) in the same zoning classification (attach additional pages as needed)? Do any of the special conditions and circumstances result from your own actions (if the answer is yes, you may not qualify for a variance)? Cily 01 SI. Joseph Applicalion lor Suhdivision Review Page What facts and considerations demonstrate that the literal interpretation of the zoning or subdivision code or other City code/plan would deprive you of rights commonly enjoyed by other properties in the same . district under the terms of the zoning code (attach additional pages as needed)? . . State your reasons for believing that a variance will not confer on you any special privilege that is denied by the code to other lands, structures or buildmgs in the same district State your reasons for believing that the action(s} you propose to take islare in keeping with the spirit and intent of the code? . State your reasons for beHeving that a strict enforcement of the provisions of the code would cause undue tIS)., hardship. Undue hardship means that the property in question cannot· be put to a reasonable use if used under the conditions allowed by the code. Economic considerations alone sha/1 not constitute an undue hardship under the terms ofthis code as referenced in state statutes: F. Describe the physical characteristics of the site, including but not limited to, topography; City of 51. Joseph Application for Subdivision Review Page 3 erosion and flooding potential; soil limitations; and, suitability of the site for the type of development or use contemplated. The topography is flat; the property is serviced by City water and sewer; there are no erosion controll or flooding potential . G. Describe the fiscal and environmental impact the proposed development will have on adjacent property owners and the City of St. Joseph. The Tivin Horne is already there for many years, the platting will have no additional environmental impac t . H. If Application is for a F'UD, provide a statement that generally describes the proposed development and the market which it intends to serve and Its demand in relation to the city's Comprehensive Plan and how the development is designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the regulations and goals of the city. N/A . ... I. Applicants for preliminary plat review must provide with this application the names and addresses of all adjoining property owners within 350 feet of the subject property. J. Attach completed copy of applicable submittal checklist(s) with application. I/We understand that any work to be done will require reimbursement to the City for any engineering, consulting, mapping or studies that may have to be done in conjunction with this subdivision. This includes any fees in conjunction with preliminary or final plats. In addition a check for the appropriate fee(s) must be submitted along with the application. By signing this application below, I/We are hereby acknowledging this potential cost. Honer Homes, Inc. E?~~}?/. ~ / CW ~/IO/O y Applicants Signature Da I ~..£. )/t. ~, C?{) ;?/I () ) C> L( roperty Owners Signature Dale t Cily of 51. Joseph Appl,calion for Subdivision Review Page 4 . DECLARATION OF TWIN HOME OWNER OBLIGATIONS Honer Homes, Inc., a Minnesota corporation, is the owner and developer (hereafter referred to as the "Developer") of the following residential lots located in Steams County, MÌImesota (hereafter referred to as the "Lots"): . SEE ATTACHED EXHIBIT A. The Lots h~lVe or will have twin homes (duplexes) constructed upon them, These twin homes will be constructed so that each home is located on a separate parcel of property ("Parcel"); however, each twin home will share a common wall and a common roof with another home on an adjacent Parcel. This Document is intended to set out the responsibilities and obligations of each of the owners of twin homes on the Lots. The intention of the Developer is to avoid future disputes and confusion as to who is responsible for maintenance, repair, replacement, and insurance, and at what level such maintenance, repair; replacement and insurance will be maintained. 1. Ownership. Each Parcel owner will own their portion of the twin home with the exception of the common wall and common roof. Each owner will be responsible for the maintenance, repair and replacement of the non-shared portions of their respective twin home. 2. Maintenance and Upkeep. Each Parcel owner must keep the structural components and exterior surfaces of its portion of the twin home in good repair and condition. A Parcel owner may not do anything which may affect the structural integrity of any common wall or common roof or which may have a negative impact on the structural integrity ofthe twin home with which it shares common wall and roof. The cost of any maintenance or upkeep necessary for common walls or the common roof will be shared equally by the twin home Owners who share the wall and roof. In the event that the owners of both twin homes do not agree on the need for maintenance, the owners must pursue dispute resolution as provided for in paragraph 9 of this Agreement. . 3. Repair and Replacement, Repairs and replacements to common wall and the common roof must be made on an as needed basis. The cost of all such repairs and replacements shall be shared equally by the twin home owners who share the wall and roof. In the event that the owners of both twin homes do not agree on the need for repairs or replacements, the owners must pursue dispute resolution as provided for in paragraph 9 of this Agreement. 4. Contractor Selection. Unless agreed by both twin bome owners, all work required by this Agreement to the cammon wall and common roof must be completed by licensed contractors and must be awarded to the lowest responsible bidder. 5. Material Selection and Calor. All materials used for maintenance, repairs and replacements on the exteriors of the twin homes must be the same as in the original construction unless such materials are no longer available, in which case materials which approximate the original in quality and appearance may be permitted. To the extent possible, exterior repairs and replacements must be of the same color as those used in the original construction of the twin home. 6. Dal11a£e Caused Bv Owner. Notwithstanding anything herein to the contrary, in the event a homeowner negligently or intentionally causes damage to the common wall, the common roof or the adjacent t\vin home, that person shall be solely responsible for any maintenance, repair, or replacement. - 7. Insurance. Each Parcel-owner is responsible to purchase property i!1surance and - liability insurance covering their Parcel· and their portion of the twin home. Property insurance must be maintained at levels adequate to provide for the full replacement of the twin home. Parcel owners must provide proof of insurance upon written request of an adjacent twin home owner within 5 days of such request. 8. Taxes. Each Parcel owner is responsible for paying the property taxes attributable to their Parcel and home, 9. Dispute Resolution. All disputes regarding tbis Agreement, including without limitation disagreements concerning the need. for maintenance, repairs and replacements of the common walls and common roof, between adjacent twin home O\vners must be resolved by binding arbitration in accord with the AAA Arbitration rules and procedures. In an effort to minimize costs of arbitration, only one arbitrator shall preside over any arbitration proceedings requited by tbis Agreement. Costs of arbitration must be equally shared by tbe parties: however, the arbitrator may allocate costs in its sole discretion. Developer may not be named as a party to any action or arbitration concerning any dispute relating to the matters set out in this Declaration. 10. Binding on Future Parcel Owners. This Declaration shall be binding upon all future O\vners of Parcels and their successors and assigns. By accepting ownership of a Parcel each and every o\vner of such Parcel agrees to be bound by the tem1S and conditions of this Declaration. This Declaration shall be perpetual and will . attach to and TUn with the land. 11. Enforcement. This Agreement is intended to be enforceable only by adjacent twin home owners who share a cornmon wall and common roof. Each set of attached twin homes will be considered separately for purposes of maintenance, repair, and replacement, Developer will in no way be responsible to ensure maintenance, repair or replacement for twin homes as provided for by this Agreement. HOl'-ŒR HOMES, INC. B~W.~ amela M. Eller; CEO STATE OF Mll\TNESOTA) )ss. COUNTY OF STEARNS) J On this OJ-/) day of~f;/U()lt/, 2004, before me, a Notary Public for this County, . personally appeared to mc personally"kn'own, who, being by mc duly swom did say that she is the Chief Executive Officer of Honer Homes, Inc., and that said instrument was signed 011 behalf of said corporation by m.lthority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. ~w THIS INSTRUMENT DRAFTED BY: ~r} Daniel A. Eller KAY M. LAHR NOTARY PUBLIC-MINNESOTA Attorney at Law My Commission Expires Jan. 31. 2005 =; ... 925 South First Street P.O. Box 638 St. Cloud, MN 56302 (320) 253-3700 EXIDBIT A LIST OF LOTS SUBJECT TO T\VIN HOME DECLARATION . Lots One (1) and Two (2), Block One (1) in Braden Place, according to the plat and survey thereof, on file and of record in the office of the County Recorder, in and for Steams County, Milmesota. . www.cityofstjoseph.com ity of St. Joseph . City of 81. Joseph 25 College Avenue North Public Hearing po Box 668 51. Joseph. MN 56374 The PlaDning Commission for the City of St. Joseph shall conduct a public hearing on Monday, March (320) 363·7201 1,2004 at 7:30 p.rn. in the City Hall. The purpose of the hearing is to consider a preliminary plat to Fax.: (320) 363-0342 condo minimize the property located at 504/508 East Minnesota Street and 606/608 East Minnesota Street. ADMINISTRATOR Judy Weyrens The area to be platted is legally described as follows: MAYOR Lots Five (5) and Six (6) in Block One (1) of Wagner Notsch Sub-Division and Lot Two (2) and the east 50.23 feet of Lot Three (3) in Block One (1) of Wagner Notsch Sub-Division Larry J. Hosch The proposed plat has been submitted by Honer Homes, Inc, 21- 21 st Avenue North; Waite Park MN COUNCILORS 56387. Alan Rassier Ross Rieke Gary Utsch JudyWeyrens DaIeWick Administrator 606/608 East Minnesota Street Publish: February -- 20,2004 . all tr~'fflil'Qi"4~ J:. ~ ~ ~ APPLICATION FOR SUBDIVISION REVIEW CITY OF ST. JOSEPH . 25 College Avenue North St. Joseph, MN 56374 PH: (320) 363-7201 FAX: (320) 363-0342 APPLlCANT(S) NAME: HONER HOMES, INC. m____ DATE:FEBRUARY 10, 2004 Pamela M. Eller, CEO ADDRESS: 21 21st Avenue North Waite Park, ~rn 56387 PHONE NUMBER(S): (320) 251-7902 FAX: (320) 685-5462 PROPERTY OWNER(S) NAME (if different from Applicant): ADDRESS: PHONE NUMBER: FAX: PLEASE ATTACH ANY ADDITIONAL NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ANY OTHER PERSONS, FIRM AND CORPORATION HOLDING INTERESTS IN SAID LAND. I/We, the undersigned, hereby make the followingapplicalion to the Planning Commission and City . Council of the City of St. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): A. Application is hereby made for: (Applicant must check any/all appropriate items) ~ Preliminary Plat Review X Final Plat Review _ Planned Unit Development Plan Review _ Minor Subdivision Review B. Parcel Identification Number(s) of Property: R84. 53927 .000 Legal Description of Property: (Please Attach Metes & Bounds Description) Lot Two (2) and The East 50.23 feet of Lot Three (3) in Block One (1) of Hagner-Notsch- , :::. ;. .', ..' , pnrt; 0.'. lJbo l'I on~hHe~dj 'iUaJ··ter of the Sou th. 1 east QUflrter eNH J./h SE 1/11), of Section Jhullb·:)red Ten (10»> in T01mship J Numbered One Hu.nùred Tï-Jen'jy~rOU7' (121~) 11 orth~ of Bange NUP1hered Twen ty- nine (29) \<Jest, :î.n St;enpnS' aDlmty~ !·11.nn~30t8." _ City 01 SI. J05~ph ^pplic.lion lor S"bdivi51on R~view rAge 1 2. Location: 604 and 606 East Minnesota Street. St. Joseph, MN.. 3. Gross Area: 14,265 Sq Ft 4. Number of Lots: Two ( 2) 5. Current Zoning Classification(s): R-2. .. 6. Desired Zoning Classification{s): R-2 7. Current Zoning Classification(s) of Adjacent Parcels: 8. Name of Pending Street Name(s) Included in Development: 9. Name & Address of .Land Surveyor/Engineer: Bogart Pederson & Assoc.iates, Inc.. 303 NE 4th Avenue, Suite 110, Waite Park, MN 56387 D. Does the proposed preliminary plat require rezoning? Yes, Explain X No . E. Is the proposed preliminary plat consistent with design standards and other requirements of the City of St. Joseph,Subdivision Ordinance, Zoning Ordinance and Comprehensive Planning documents? X Yes, skip to F. No, if 'No' applicant must complete items below in italicized print. .- The-request(s) which I/we desire for our property require a variance from the following section(s) of the St. Joseph City Code: - Section Section Section .... Proposed variance(s): What special conditions and circumstances exist which are particular to the land, structure or building(s) involved which do not apply to the land, structures or building(s) in the same zoning classification (attach additionalpages as needed)? Do any of the special conditions and circumstances result from your own actions (if the answer is yes, you may not qualify for a variance)? City of 51. Joseph Application for Subdivision Review Page 2 What facts and considerations demonstrate that the literal interpretation of the zoning or subdivision code or other City code/plan would deprive you of rights commonly enjoyed by other properties in the same district under: the terms ofthe zoning code (attach ad,dffional pages as needed)? . State your reasons for believing that a variance will not confer on you any special privilege that is denied by the code to other lands, structures or buildings 'in the same district: State your reasons for believing that the action(s) you propose to take islare in keeping with the spirit and intent of the code? . - State your reasons for believing that a strict enforcement of the provisions of the code would cause undue hardship. Undue hardship means that the property in question cannot be put to a reasonable use if used - under the conditions allowed by the code. Economic considerations alone shall not constitute an undue hardship under the terms of this code as referenced in state statutes: F. Describe the physical characteristics of the site, including but not limited to, topography; CII)' of 51. Joseph Apphcahon for Subdlvi~ion Review Page 3 IIliI ......l IIlIal; ~oil hmitations;and, suitability of the site for the type of development or use contemplated. The tOPQgraphy is flat; the property is serviced ~y City wa~e~ and sewer; there are no erosion controll or floodIng potentIa. . G. D&scribe the fiscal and environmental impact the proposed development will have on adjacent property owners and the City of St. Joseph. The Twin Homes being already there for many years, theplatti~g will have no additional environmental impact. H. If Application is for a PUD, provide a statement that generally describes the proposed development and the market which it intends to serve and its demand in relation to the city's Comprehensive Plan and how the development is designed, arranged and operated In order to permit the development and use of neighboring property in accordance with the regulations and goals of the city. N/A . - - I. Applicants for preliminary plat review must provide with this application the names and addresses of all adjoining property owners within 350 feet of the subject property. J. Attach comp1eted copy of applicable submittal checklist(s) with application. I/We understand that any work to be done will require reimbursement to th~ èity for any engineering, consulting, mapping or studies that may have to be dOnE~in conjunction with this subdivision. This includes any fees in conjunction with preliminary or final plats. In addition a check for the appropriate fee(s) must be submitted along with the application. By signing this application below, I/We are hereby acknowledging this potential cost. Honer Homes,' Inc. f~~'- //? ~-1. ,. CEo . d/IO/O<f Appíicants Signature Date' I- ~.;?ø.~, C£V .::z/lð/O'7 roperty Owners Signature Date' t City of S\. Joseph Applicalion lor Subdivision Review Page 4 - . DECLARATION OF T\VIN HOME O\VNER OBLIGATIONS Honer Homes, Inc., a Minnesota corporation, is the owner and developer (hereafter referred to as the "Developer") of the following residential lots located in Stearns County, Minnesota (hereafter referred to as the "Lots"): SEE A TT ACHED EXHIBIT A. . The Lots have or will have twin homes (duplexes) constructed upon them, These twin homes will be constructed so that each home is located on a separate parcel of property ("Parcel"); however, each twin home will share a common wall and a common roof\vith another home on an adjacent Parcel. This Document is intended to set out the responsibilities and obligations of each of the O\Vners of twin homes on the Lots. The intention of the Developer is to avoid future disputes and confusion as to who is responsible for maintenance, repair, replacement, and insurance, and at what level such maintenance, repair; replacement and insurance will be maintained. 1. Ownership. Each Parcel owner will own their portion of the t\vin home with the exception of the common wall and common roof. Each owner will be responsible for the maintenance, repair and replacement of the non-shared portions of their respective twin home. 2. Maintenance and Upkeep. Each Parcel ovmer must keep the structural components and exterior surfaces of its portion of the twin home in good repair and condition. A Parcel owner may not do anything which may affect the structural integrity of any common wall or common roof or which may have a negative impact on the structural integrity ofthe twin home \vith which it shares common wall and roof. The cost of any maintenance or upkeep necessary for common walls or the common roof will be shared equally by the twin home O\vners who share the wall and roof. In the event that the owners of both twin - · homes do not agree on the need for maintenance, the owners must pursue dispute resolution as provided for in paragraph 9 of this Agreement. 3. Repair and Replacement, Repairs and replacements to common wall and the common roof must be made on an as needed basis. The cost of a11 such repairs and replacements sha11 be shared equa11y by the twin home owners who share the wall and roof. In the event that the owners of both twin homes do not agree on the need for repairs or replacements, the owners must pursue dispute resolution as provided for in paragraph 9 of this Agreement. 4. Contractor Selection. Unless agreed by both twin home owners, all work required by this Agreement to the common wall and common roof must be completed by liceIisedcontractors and must be awarded to the lowest responsible bidder. 5. Material Selection and Color. All materials used for maintenance, repairs and replacements on the exteriors of the twin homes must be the same as in the original construction unless such materials are no longer available, in which case materials which approximate the original in quality and appearance may be pern1Ítted. To the extent possible, exterior repairs and replacements must be of the same color as those used in the original construction of the twin home. 6. Damage Caused Bv Owner. Notwithstanding anything herein to the contrary, in the evellta homeowner negligently or intentional1y causes damage to the common - wall, the common roof or the adjacent twin home, that person shall be solely - responsible for any maintenance, repair, or replacement. 7. Insurance. Each Parcel owner is responsible to purchase property insurance and liability insurance covering their Parcel and their portion of the twin home. Property insurance must be maintained at levels adequate to provide for the full replacement of the twin home. Parcel owners must provide proof of insurance upon written request of an adjacent twin home owner within 5 days of such request. 8. Taxes. Each Parcel owner is responsible for paying the property taxes attributable to their Parcel and home. 9. Dispute Resolution. All disputes regarding this Agreement, including without limitation disagreements conceming the need for maintenance, repairs and replacements of the common walls and common roof, between adjacent twin home owners must be resolved by binding arbitration in accord with the AAA Arbitration rules and procedures. In an effort to minimize costs of arbitration, only one arbitrator sha11 preside over any arbitration proceedings requited by this Agreement. Costs of arbitration must be equally shared by the parties: however, the arbitrator may allocate costs in its sole discretion. Developer may not be named as a party to any action or arbitration concerning any dispute relating to the matters set out in this Declaration. 10. Binding on Future Parcel Owners. This Declaration shall be binding upon all future owners of Parcels and their successors and assigns. By accepting ownership of a Parcel each and every owner of such Parcel agrees to be bound by the terms and conditions of this Declaration. This Declaration shaIl be perpetual and will . attach to and run with the land. 11. Enforcement. This Agreement is intended to be enforceable only by adjacent twin home owners who share a common wall and common roof. Each set of attached twin homes wi1l be considered separately for purposes of maintenance, repair, and replacement, Developer will in no way be responsible to ensure maintenance, repair or replacement for twin homes as provided for by this Agreement. HONER HOMES, INC. ~);1~ Pamela M. Eller, CEO STATE OF MI1\TNESOTA) )S8. COUNTY OF STEARNS) Q~ '~I - On this 7/ ) day of (!7n.-tó.n.,.L,,2004, before me, a Notary Public for this County, - personally appeared to mc personal1y kíiov.)n, who, being by mc duly sworn did say tbat she is the Chief:ßxecutive Officer of Honer Homes, Inc., and that said instrument was signed on behalf - of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. ~~O-hu THIS INSTRUMENT DRAFTED BY: Daniel A. El1er { N ~ KAYM LA Attorney at Law );) ,;"é,^,-7~,'~ . HR -~ )t\;':',.,: NOTARY ~UBLlC.-MINNESOTA 925 South First Street ~., ',-. -:y' My Commission Expires Jan. 31, 2C05 ;) R -- ~ P.O. Box 638 "'-'~è~~¿.~~...a*r¢ê:~~ 8t. Cloud, MN 56302 (320) 253-3700 . EXHIBIT A LIST OF LOTS SUBJECT TO TWIN HOME DE CLARA TION Lots One (1) and Two (2), Block One (1) in Belmet Place, according to the plat and survey thereof, on file and of record in the office of the County Recorder, in and for Stearns County, Minnesota. . - - "~:I: HONER HOMES INC..,' .. ' . . . . 2121stAve No.· Waite Park, MN 56387· Phone: 320-251-7902· Fax: 320-685-5462 February 18, 2004 Planning Commission City of st. Joseph Dear Members: The duplexes built on the proposed plat were built in the early 1970' as student housing. The character of both the student housing needs arid the neighborhood where the duplexes are located have changed. The duplexes are now better suited to ownership as single-family residences and can be priced in the range for affordable housing. . Therefore, it is the intention of Honer Homes, Inc. to convert these two rental duplexes into single-family twin- homes and market them âS such. Thank you. Sincerely, Pamela M. Eller, CEO Honer Homes, Inc. - www.cityofstjoseph.com ity of St. Joseph . City of St. Joseph 25 College Avenue North Public Hearing PO Box 668 St. Joseph, MN 56374 The Planning Commission for the City of St. Joseph shall conduct a public hearing on Monday, March (320) 363-7201 1, 2004 at 7 :30 p.m. in the City Hall. The purpose of the hearing is to consider a preliminary plat to Fax: (320)363-0342 condo minimize the property located at 504/508 East Minnesota Street and 606/608 East Minnesota Street. The area to be platted is legally described as follows: ADMINISTRATOR Lots Five (5) and Six (6) in Block One (1) of Wagner Notsch Sub-Division and Lot Two (2) and the east 50.23 feet Judy Weyrens of Lot Three (3) in Block One (1) of Wagner Notsch Sub-Division MAYOR The proposed plat has been submitted by Honer Homes, Inc, 21 - 21 5t Avenue North; Wáite Park IVIN Larry J. Hosch 56387. COUI\CILORS Alan Rassier Judy Weyrens Ross Rieke Admínistra tor Gary Utsch Dale Wick 504/508 East Minnesota Street xr L/ I II I I 11 ""I~/ . ~l ~ I - - APPLICATION FOR SUBDIVISION REVIEW CITY OF ST: JOSEPH . 25 College Avenue North St. Joseph,'MN 56374 . PH: (320) 363-7201 F~: (320) 363-0342 APPLlCANT(S) NAME: HONER HOMES, INC. DATE: February 10, 2004 -#_- - Pamela M. Eller, CEO .--" ADDRESS: 21 21st Avenue North -- \.Jai te Park, MN 56387 PHONE NUMBER(S): (320) 251-7902 FAX: (320) 685-8961 --......-.-...----,---.--------.- ---.....- ._.~..-......-..~- - -- PROPERTY OWNER(S} NAME (if different from Applicant): --- ADDRESS: PHONE NUMBER: FAX: PLEASE ATTACH ANY ADDITIONAL NAMES, ADDRESSES AND TELEPHONE-NUMBERS OF ANY OTHER PERSONS, FIRM AND CORPORATION HOLDING INTERESTS IN SAID LAND. I/We, the undersigned, hereby make the following application to the Planning Commission and City . Council of the City of SL Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements ): A. Application is hereby made for: (Applicant-must check any/all appropriate items) - -- ~ Preliminary Plat Review X Final Plat Review - _ Planned Unit Development Plan Review - Minor Subdivision Review , B. Parcel Identification Number(s) of Property: R84. 53931. '000 Legal Description of Property: (Please Attach Metes & Bounds Description) Lots Five (5) and Six (6) in Block One (1) of Wagner-Notsch Sub-Division, porÎ; o.fl¡bt-j :rToX'1,hHðst 'tu1ò!.rtero of: the Soutl rst Q.ufJrter OHrr 1/4 BE l/J~,) þ of' Sec t1 on Jhmtbered Ten (10), '_n '.rownship , I:mbered Ono Ih:mdr€ld THEm ty--.fonr (12h) H ol'th~ of Hsnge Numhered Twonty- IN. .ne (29) West .. ("'I I J;n -'cerr"n" flC" - ,. ,,<. !) .. <- . ,;! ,."> ";,_-!n~;y, r.\].nn~1nDtao - Cily of SI. Joseph ^pplication for Subdivision Review Page 1 2. Location: 504 and 508 East Minnesota Street, St. Joseph, HN. 3. Gross Area: 17,385 sq-ft 4. Number of Lots: T\-7o (2) . 5. Current Zoning Classification(s): R-2 6. Desired Zoning Classification(s): R-2 7. Current ZoningClassification(s) of Adjacent Parcels: 8. Name of Pending Street Name(s) Included in Development: 9. Name & Address of Land Surveyor/Engineer: Bogart Pederson & A3sociates, rnl 303 NE 4th Avenue. ouite 110, \.Jai te Park , £.iN 56387 D. Does the proposed preliminary plat require rezoning? Yes, Explain v No i\. E. Is the proposed preliminary plat consistent with design standards and other requirements of the City of St. Joseph Subdivision Ordinance, Zoning Ordinance and Comprehensive Planning documents? Yes, skip to F. No. if 'No' applicant must complete items below in italicized print. The request(s) which I/we desire for our property require a variance from the following section(s) of the. St. Joseph City Code: Section Section Section Proposed variance(s): What special conditions and GÌrcumstances exist which are particular to the land, structure or building(s) involved which do not apply to the land, structures or building(s) in the same zoning classification (attach additional pages as needed)? Do any of the special conditions and circumstances result from your own actions (if the answer is yes, you may not qualify for a variance)? - - Cily of SI. Jos.ph Applicahoo lor Subdivision Revi.w Page What facts and considerations demonstrate that the literal interpretation of the zoning or subdivision code or other City code/plan would deprive you of rights commonly enjoyed by other properties in the same . district under the terms of the zoning code (attach ad,dítional pages as needed)? State your reasons for believing that a variance will not confer on you any special privilege that is denied by the code to other lands, structures or buildings in the same district: State your reasons for believing that the action(s) you propose to take is/are in keeping with the spirit and intent of the code? . State your reasons for believing that a strict enforcement of the provisions of the code would cause undue .",., hardship. Undue hardship means that the property in question cannot be put to a reasonable use if used under the conditions allowed by the code. Economic considerations alone shall not constitute an undue hardship under the terms of this code as referenced in state statutes: F. Describe the physical characteristics of the site. including but not limited to, topography; City of SI. Joseph Application for Subdivision Review Page 3 erosion and flooding potential; soil limitations; and, suitability of the site for the type of development or use contemplated. The topography is flat; the property is serviced by City water and sewer; there are no erosion controll or flooding potential . G. Describe the fiscal and environmental impact the proposed development will have on adjacent property owners and the City of St. Joseph. The Twin Home is already there for many years, the platting will have no additional environmental impac t . H. If Application is for a PUD, provide a statement that generally describes the proposed development and the market which it intends to serve and its demand in relation to the city's Comprehensive Plan and how the development is designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the regulations and goals of the city. N/A - - ..- I. Applicants for preliminary plat review must provide with this application the names and addresses of all adjoining property owners within 350 feet of the subject property. J. Attach completed copy of applicable submittal checklist(s) with application. I/We understand that any work to be done will require reimbursement to the èity for any engineering, consulting, mapping or studies that may have to be done in conjunction with this subdivision. This includes any fees in conjunction with preliminary or final plats. In addition a check for the appropriate fee(s) must be submitted along with the application. By signing this application below, l!We are hereby acknowledging this potential cost. Honer Homes,' Inc. E:?~;ø. ~ / CW Df/IO/O Y Applicants Signature ~)Ø.~,CÛ} ;?//() ) ô'-( . roperty Owners Signature Da(e I City of SI. Joseph Applicalion for SubdIvision Review Page 4 . DECLARATION OF TWIN HOME OWNER OBLIGATIONS Honer Homes, Inc., a Minnesota corporation, is the owner and developer (hereafter referred to as the "Developer") of the following residential lots located in Steams County, Minnesota (hereafter referred to as the "Lots"): . SEE ATTACHED EXHIBIT A. The Lots h.?-ve or will have twin homes (duplexes) constructed upon them, These twin homes will be constructed so that each home is located on a separate parcel of property - ("Parcel"); however, each twin home will share a common wall and a common roof with another home on an adjacent Parcel. This Document is intended to set out the responsibilities and obligations of each of the owners of twin homes on the Lots. The intention of the Developer is to avoid future disputes and confusion as to who is responsible for maintenance, repair, replacement, and insurance, and at what level such maintenance, repair; replacement and insurance will be maintained. 1. Ownership. Each Parcel owner will own their portion of the twin home with the exception of the common wall and common roof. Each owner will be responsible for the maintenance, repair and replacement of the non-shared portions of their respective twin home. 2. Maintenance and Upkeep. Each Parcel owner must keep the structural components and exterior surfaces of its portion of the twin home in good repair and condition. A Parcel owner may not do anything which may affect the structural integrity of any common wall or common roof or which may have a negative impact on the structural integrity of the twin home with which it shares common wall and roof. The cost of any maintenance or upkeep necessary for common walls or the common roof will be shared equally by the twin home Owners who share the wall and roof. In the event that the owners of both twin - homes do not agree on the need for maintenance, the owners must pursue dispute resolution as provided for in paragraph 9 of this Agreement. . 3, Repair and Replacement, Repairs and replacements to common \vall and the common roof must be made on an as needed basis. The cost of all such repairs and replacements shall be shared equally by the twin home owners who share the wall and roof. In the event that the owners of both twin homes do not agree on the need for repairs or replacements, the owners must pursue dispute resolution as provided for in paragraph 9 of this Agreement. 4. Contractor Selection. Unless agreed by both 1\vin home owners, all work required by this Agreement to the common wall and common roof must be completed by licensed contractors and must be awarded to the lowest responsible bidder. 5. Material Selection and Color. All materials used for maintenance, repairs and replacements on the exteriors of the twin homes must be the same as in the original construction unless such materials are no longer available, in \-vhich case materials which approximate the original in quality and appearance may be pennitted. To the extent possible, exterior repairs and replacements must be of the same color as those used in the original construction of the twin home. 6. Dama2:e Caused Bv Owner. Notwithstanding anything herein to the contrary, in the event a homeowner negligently or intentionally causes damage to the common wall, the common roof or the adjacent 1\vin home, that person shall be solely responsible for any maintenance, repair, or replacement. . 7. Insurance. Each Parcel-owner is responsible to purchase property insurance and liability insurance covering their Parcel and their portion of the twin home. Property insurance must be maintained at levels adequate to provide for the full replacement of the twin home. Parcel owners must provide proof of insurance upon written request of an adjacent tvÚn home O\vner within 5 days of such request. 8. Taxes. Each Parcel owner is responsible for paying the property taxes attributable to their Parcel and home. 9. Dispute Resolution. All disputes regarding this Agreement, including without limitation disagreements concerning the need for maintenance, repairs and replacements ofthe common walls and common roof, bet\veen adjacent twin home owners must be resolved by binding arbitration in accord with the AAA Arbitration rules and procedures. In an effort to minimize costs of arbitration, only one arbitrator shall preside over any arbitration proceedings requited by this Agreement. Costs of arbitration must be equally shared by the parties: however, the arbitrator may allocate costs in its sole discretion. Developer may not be named as a party to any action or arbitration concerning any dispute relating to the matters set out in this Declaration. 10. Binding on Future Parcel Ovmers. This Declaration shall be binding upon all future owners of Parcels and their successors and assigns. By accepting ownership - of a Parcel each and every owner of such Parcel agrees to be bound by the tern1S - . and conditions of this Declaration. This Declaration shall be perpetual and will attach to and run with the land. 11. Enforcement This Agreement is intended to be enforceable only by adjacent twin home owners who share a common wall and common roof. Each set of attached twin homes wil1 be considered separately for purposes of maintenance, repair, and replacement, Developer wil1 in no way be responsible to ensure maintenance, repair or replacement for tWin homes as provided for by this Agreement. HO},¡TER HOMES, INC. B~ W.z£lLJ amela M. Eller; CEO STATE OF MINNESOTA) )ss. COUNTY OF STEARNS) o h' /)f/7 d f\:f~ ^ . 2004, before me, a Notary Public for this County, n t IS ~;, / ay 0 ··0(};Uarcj" . personally appeared to me personally'kn'own, who, being by me duly swom did say that she is the Chief Executive Officer of Honer Homes, Inc., and that said instrument was signed on behalf of said corporation by a!,lthority of its Board of Directors and acknowledged said instmment to be the :tree act and deed of said corporation. /~ ~ N bl, · THIS INSTRUMENT DRAFTED BY: T>~ Daniel A. Eller KAY M. LAHR ~ NOTARY PUBLIC-MINNESOTA Attorney at Law My Commission Expires Jan. 31.2005 925 South First Street ,~~ P.O. Box 638 St. Cloud, MN 56302 (320) 253-3700 EXffiBIT A LIST OF LOTS SUBJECT TO T\VIN HOME DECLARATION . Lots One (1) and Two (2), Block One (1) in Braden Place, according to the plat and survey thereof, on file and of record in the office of the County Recorder, in and for Stearns County, Minnesota. . www.cityofstjoseph.com îty of St. Joseph . City of 81. Joseph 25 College Avenue North Public Hearing PO Box 668 51. Joseph. MN 56374 The Plainring Commissioñ for the City of St. Joseph shall conduct a public hearing on Monday, March (320) 363·7201 1,2004 at 7:30 p.rn. in the City Hall. The purpose of the hearing is to consider a preliminary plat to Fax: (320) 363-0342 condo minimize the property located at 504/508 East Minnesota Street and 606/608 East Minnesota Street. ADMINISTRATOR Judy Weyrens The area to be platted is legally described as follows: MAYOR Lots Five (5) and Six (6) in Block One (I) of Wagner Notsch Sub-Division and Lot Two (2) and the east 50.23 feet of Lot Three (3) in Block One (I) of Wagner Notsch Sub-Division Larry J. Hosch The proposed plat has been submitted by Honer Homes, Ine, 21 - 21st Avenue North; Waite Park MN COUNCILORS 56387. Alan Rassier Ross Rieke Gary Utsch JudyWeyrens Dale Wick Administrator 606/608 East Minnesota Street Publish: February q [I / II j III --- 20,2004 . .. .,/ . f.. ~ ~ ~ - APPLICATION FOR SUBDIVISION REVIEW CITY OF ST. JOSEPH . 25 College Avenue North St. Joseph, MN 56374 PH: (320) 363-7201 FAX: (320) 363-0342 APPLlCANT(S) NAME: HONER HOMES, INC. DATE:FEBRUARY 10, 2004 ~.---- Pamela M. Eller, CEO ADDRESS: 21 21st Avenue North Haite Park, MN 56387 PHONE NUMBER(S): (320) 251-7902 FAX: (320) 685-5462 PROPERTY OWNER(S) NAME (if different from Applicant): ADDRESS: PHONE NUMBER: FAX: PLEASE ATTACH ANY ADDITIONAL NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ANY OTHER PERSONS, FIRM AND CORPORATION HOLDING INTERESTS IN SAID LAND, \lWe, the undersigned, hereby make the following application to the Planning Commission and City . Council of the City of St. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements ): A. Application is hereby made for: (Applicant must check anylall appropriate items) .. ~ Preliminary Plat Review X Final Plat Review ---- _ Planned Unit Development Plan Review - Minor Subdivision Review B. Parcel Identification Number(s) of Property: R84.53927.000 Legal Description of Property: (Please Attach Metes & Bounds Description) Lot Two (2) and The East 50.23 feet of Lot Three (3) in Block One (1) of Hagner-Notsch - . ::. ;, ';-1 "'T' , of the Sou tho p8.r1.i ,,}. v 10 1', o:Cl~hHe~t (tuaJ'ter 1 east Q,Uf1rter (~H 1/1+ SE 1/1,), of Dect:lon Jh!.mbored Ten (10) !> in Tmmship J Numbered One Hundred T1Hm (;y~.('ouY' (121~) 1-1o:rth.!, of Hr;mge NUI'1hered Twenty~ - nine ( 29) \oj €I S t ~ 5.n Stenpne C011.ni;y, ],·1::i.nn~L~otF.\Q Cily oJ Sf. Jm~ph ^ppliCl!IiM for Subdivi_l<1n Rp.view rage I 2. Location: 604 and 606 East MinneB.ota Street. St. Joseph, MN. . 3. . Gross Area: 14,265 Sq Ft 4. Number of Lots: Two ( 2) 5. Current Zoning Classification{s): R-2. .. 6. Desired Zoning Classification(s): R-2 7. Current Zoning Classification(s) of Adjacent Parcels: 8. Name of Pending Street Name(s) Included in Deveiopmer:tt: J 9. Name & Address of.land Surveyor/Engineer: Bogart Pederson & Assoc.iates, Inc. 303 NE 4th Avenue, Suite 110, Waite Park, MN 56387 D. Does the proposed preliminary plat require rezoning? Yes, Explain X No . E. Is the proposed preliminary plat consistent with design standards and other requirements of the City of St. Joseph,Subdivision Ordinance, Zoning Ordinance and Comprehensive Planning documents? X Yes, skip to F. 'No, if 'No' applicant must complete items below in italicized print. - The-request(s) which Ilwe desire for our property require a variance from the foJlawing section(s) of the St. Joseph City Code: - - - Section Section Section - Proposed variance(s): What special conditions and circumstances exist which are particular to the land, structure or building(s} involved which do not apply to the land, structures 'or building(s) in the same zoning classification (attach additional pages as needed)? . Òo any of the special conditions and circumstances result from your own actions (if the answer is yes, you may not qualify for a variance)? Clly of Sl. Joseph Application for Subdivision Review Page 2 What facts and considerations demonstrate that the literal interpretation of the zoning or subdivision code or other City code/plan would deprive you of rights commonly enjoyed by other properties in the same district under the terms otthe zoning code (attach ad.dffional pages as needed)? . State your reasons for believing that a variance will not confer on you any special privilege that is denied by the code to other lands, structures or buildings 'in the same district: State your reasons for believing that the action(s) you propose to take islare in keeping WITh the spirit and intent of the code? - - - State your reasons for believing that a strict enforcement of the provisions of the code would cause undue hardship. Undue hardship means that the properly in question cannot be put to a reasonable use if used - under the conditions allowed by the code. Economic considerations alone shall not constitute an undue hardship under the terms of this code as referenced in state statutes: F. Describe the physical characteristics of the site, including but not limited to, topography; Clly o! SI. Joseph ^pphcahon lor Subdlvi~¡on Review Page :> ...IIL llU I, ..uil limitations; and, suitability of the site for the type of development or use contemplated. Th~ topography is flat; the property is serviced ~y City wa~eI and sewer; there are no erosion controll or floodIng potentIa . . G. Describe the fiscal and environmental impact the proposed development will have on adjacent property owners and the City of St. Joseph. . The Twin Homes being' already there for many years, theplattI~g will have no additional environmental impact. H. If Application is for a PUD, provide a statement that generally describes the proposed development and the market which it intends to serve and its demand in relation to the city's Comprehensive Plan and how the development is designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the regulations and goals of the city. N/A . .... ~-. I. Applicants for preliminary plat review must provide with this application the names and addresses of all adjoining property owners within 350 feet of the subject property. J. Attach completed copy of applicable submittal checklist(s) with application. l!We understand thaLany work to be done will require reimbursement to the city for any engineering, consulting, mapping or studies that may have to be done in conjunction with this subdivision. This includes any fees in conjunction with preliminary or final plats. In addition a check for the appropriate fee(s) must be submiUed along with the application. By signing this application below, I/We are hereby acknowledging this potential cost. Honer Homes,' Inc. (~~\- ;?//. ~~ " CEo c2/¡O/ðV Appíicants Signature Date' t ~. 7Ø. ~,CéC/ ::Z/Ið/OV roperty Owners Signature Date' ( City of 81. Joseph Applicalion for Subdivision Review Page 4 . DECLARATION OF TWIN H01\1E O\VNER OBLIGATIONS Honer Homes, Inc., a Minnesota corporation, is the owner and developer (hereafter referred to as the "Developer") of the following residential lots located in Stearns County, Minnesota (hereafter referred to as the "Lots"): SEE ATTACHED EXHIBIT A. . The Lots have or will have twin homes (duplexes) constructed upon them, These twin homes will be constructed so that each home is located on a separate parcel of property ("Parcel"); however, each twin home will share a common wall and a common roof\vith another home on an adjacent Parcel. This Document is intended to set out the responsibiJities and obJigations of each of the owners of twin homes on the Lots. The intention of the Developer is to avoid future disputes and confusion as to who is responsible for maintenance, repair, replacement, and insurance, and at what level such maintenance, repair; replacement and insurance will be maintained. 1. Ownership. Each Parcel owner will own their portion of the twin home with the exception of the common wall and common roof. Each owner will be responsible for the maintenance, repair and replacement of the non-shared portions of their respective t\vin home. 2. Maintenance and Upkeep. Each Parcel owner must keep the structural components and exterior surfaces of its portion of the t\vin home in good repair and condition. A Parcel owner may not do anything which may affect the structural integrity of any common wall or common roof or which may have a negative impact on the structural integrity of the twin home with which it shares common wall and roof. The cost of any maintenance or upkeep necessary for common walls or the common roof will be shared equally by the twin home Owners who share the wall and roof. In the event that the owners of both tvl'Ìn . homes do not agree on the need for maintenance, the owners must pursue dispute resolution as provided for in paragraph 9 of this Agreement. 3. Repair and Replacement, Repairs and replacements to common wa]] and the common roof must be made on an as needed basis. The cost of an such repairs and replacements sha11 be shared equa]]y by the twin home owners who share the wal] and roof In the event that the owners of both twin homes do not agree on the need for repairs or replacements, the owners must pursue dispute resolution as provided for in paragraph 9 of this Agreement. 4. Contractor Selection. Unless agreed by both twin home owners, all work required by this Agreement to the common wall and common roof must be completed by liceIisedcontractors and must be awarded to the lowest responsible bidder. 5. Material Selection and Color. All materials used for maintenance, repairs and replacements on the exteriors of the twin homes must be the same as in the original construction unless such materials are no longer available, in which case materials which approximate the original in quality and appearance may be pennitted. To the extent possible, exterior repairs and replacements must be of the same color as those used in the original construction of the twin home. 6. Damage Caused By Owner. Notwithstanding anything herein to the contrary, in the event·a homeowner negligently or intentionally causes damage to the common . wan, the common roof or the adjacent twin home, that person shall be solely responsible for any maintenance, repair, or replacement. 7. Insurance. Each Parcel owner is responsible to purchase property insurance and liability insurance covering their Parcel and their portion of the twin home. Property insurance must be maintained at levels adequate to provide for the full replacement of the twin home. Parcel owners must provide proof of insurance upon written request of an adjacent twin home owner within 5 days of such request. 8. Taxes. Each Parcel owner is responsible for paying the property taxes attributable to their Parcel and home. 9. Dispute Resolution. All disputes regarding this Agreement, including without limitation disagreements concerning the need for maintenance, repairs and replacements of the common walls and common roof, between adjacent twin home owners must be resolved by binding arbitration in accord with the AAA Arbitration rules and procedures. In an effort to minimize costs of arbitration, only one arbitrator shall preside over any arbitration proceedings requited by this Agreement. Costs of arbitrationl11ust be equally shared by the parties: however, the arbitrator may allocate costs in its sole discretion. Developer may not be named as a party to any action or arbitration concerning any dispute relating to the matters set out in this Declaration. 10. Binding on Future Parce] Owners. This Declaration shall be binding upon all future owners of Parcels and their successors and assigns. By accepting ownership of a Parcel each and every owner of such Parcel agrees to be bound by the terms and conditions of this Declaration. This Declaration shall be perpetual and will . attach to and run with the land. 11. Enforcement. This Agreement is intended to be enforceable only by adjacent twin home owners who share a common waIJ and common roof. Each set of attached twin homes will be considered separately for purposes of maintenance, repair, and replacement, Developer will in no way be responsible to ensure maintenance, repair or replacement for twin homes as provided for by this Agreement. HONER HOMES, INC. ~Jf1~ Pamela M. Eller, CEO STATE OF MINNESOTA) )58. COUNTY OF STEARNS) 011 this 9¡¡--) day o~hiUan-A2004, before me, a Notary Public forthis County, . personally appeared to me þersonally Jdio"Jn, who, being by mc duly sworn did say that she is the Chief ExecutÍve Officer of Honer Homes, Inc., and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and acknowledged said instrument to be the rree act and deed of said corporation. ~~,% THIS INSTRUMENT DRAFTED BY; Daniel A. Eller " Attorney at Law KAY M. LAHR 925 South First Street P.O. Box 638 St. Cloud, MN 56302 (320) 253-3700 . EXHIBIT A LIST OF LOTS SUBJECT TO TWIN HOME DECLARATION Lots One (1) and Two (2), Block One (1) in Belli1et Place, according to the plat and survey thereof, on file and of record in the office of the County Recorder, in and for Stearns County, Minnesota. . CITY OF ST. JOSEPH . www.cityofstjoseph.com MEMO TO: Planning Commission, Administrator Weyrens Administrdtor FROM: JoJ1{~r Foust & cyn~~mith-Strack, Municipal Development Group Judy Weyrens RE: Amendment to Section 52.32, Subd. 3(g) MdYor Ldrry I. Hosch Request: It has been brought to our attention that the B-3 General Business District does not exclude Councilors uses such as travel plazas and truck stops. AI Rdssier Ross Rieke Background: Gdry Utsch The stated purpose of the B-3 General Business District is to provide for specialized business and commercial activities at locations where they are easily accessible to residential areas and, Ddlc Wick at the same time, minimize negative impacts to residential neighborhoods. The intent of the district is to create attractive commercial and business activities through standards including, but not limited to larger lot sizes, greenspace and landscaping requirements. . Staff has noticed that the language included in the district provisions do not specifically allow or prohibit truck stop and travel plaza uses in the B-3 District. Action: Enclosed is sample language which would specifically exclude truck stops and travel plaza uses in the B-3 General Business District. Following discussion, if the Commission is in favor of the amendment, a MOTION to recommend approval of the ordinance amendment to the City Council is in order. 2.f College Avenue North, PO )ox 66s . Sdint. joseph. Minnesotd fb374 Phone ,2.0.,6,.72.01 I:d x ,2.0.,6,.0,42 u) Other use detennined by the Planning Commission to be of the same character as contained in this Subdivision. . Subd. 3: Special Uses. The follO\ving uses shall require a Special Use Permit based on the procedures set forth in Section 52.07.03 of this Ordinance. a) Transportation tenninals, public utility and transfer stations, without storage yards. b) Equipment Services. 1. Radio and television shops 2. Appliance repair shops 3. Appliance show rooms c) Recreational Services. l. Theaters 2. Bowling establishments 3. Clubs and lodges d) HotelslMotels e) Drive-through and convenience food establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. f) Commercial car washes (drive through, self-service and mechanical) provided that stacking space is constructed, subject to approval by the City Engineer, to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period. . g) Convenience Store with fuel services, excludÙIf! truck stovs a1ld travel vlazas, a1ld provided that: l. The sale of food items is in compliance with state and county standards and subject to the approval of a Health Inspector who shall provide specific written sanitary requirements for each proposed sale location. 2. The approximate area and location devoted to non-automotive merchandise sales shall be specified in general terms in the application. 3. Motor fuel facilities are installed in accordance with state standards. 4. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access and other activities on the site. 5. Wherever fuel pumps are to be installed, pump islands shall be installed. 6. A protective canopy located over the pump island(s) may be an accessory structure on the property however adequate visibility both on and off site shall be maintained. 7. An internal site pedestrian circulation system shall be defmed and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. 52.32-2 . I Attachment: Yes or No I REQUEST FOR PLANNING COMMISSION ACTION Request to reconfigure Graceview Estates DATE: March 1,2004 AGENDA ITEM Other Matters - 8 (c) Request to reconfigure the layout in the next phase of Graceview Estates PREVIOUS ACTION The City Council and Planning Commission has previously approved the preliminary plat for Graceview Estates. Graceview Estates plat contained staggered lots and curvilinear roads. Each lot pad was designed to maximize open spaces and were identified on the preliminary plat. As you are aware public hearings were held and testimony was accepted. The approval of the preliminary plat came after considerable discussion and compromise. . RECOMMENDED PLANNING COMMISSION ACTION Deny the request to relocate the roads in the next phase of Graceview Estates COMMENTS/RECOMMENDATIONS If the plat is to be changed significantly a new public hearing would be required. If the changes are minor and shifting the road does not change the design or house pad layout that can be accomplished. However, if reviewing the comments in the letter it appears as though the residents are requesting for a major change in the road. The developer's of Graceview, Bob Herges and Rick Heid are not supportive of changing the layout as considerable resources were spent designing the project and they completed all the requirements of the Preliminary Plat. It may be possible to shift the road slightly when the actual road is constructed. - - January 17, 2004 . Mayor Hosch and St. Joseph City Council Members, As Cloverdale residents and property owners along th Ave (current 95th Ave) we would like to encourage you to reconsider the placement of the two streets feeding onto th Ave from the Graceview development. Both of those streets currently are placed as such that the traffic will face directly into our homes. We find this unacceptable. 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