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HomeMy WebLinkAbout2001 [10] Oct 01 . ity of St. Joseph 25 College Avenue NW P,O. Box 668, St. Joseph, MN 56374 ) (320) 363-7201 St. Joseph Planning Commission Fax: 363,0342 October 1, 2001 7:00 PM CLERK! ADMINISTRATOR ¡ Judy Weyrens j MAYOR 1. Call to Order Larry J. Hosch 2. Approve Agenda COUNCILORS Bob Loso 3. Approve Minutes - August 6, 2001 and September 10, 2001 Cory Ehlert Kyle Schneider 4. 7:05 PM - Public Hearing, Nancy Schmidt CANCELLED Alan Rassier 5. 7:05 PM - Bob Herges, update on proposed development behind Kennedy 6. 7:20 PM - Doug Stang, discussion on proposed use for the Quonset, 110 Birch St W . 7. 7:30 PM - Public Hearing - Lance Honer, request rezone a parcel of property west of CR 2, north of the RR tracks. The rezoning is requested to construct an apartment complex. The property is currently zoned Agricultural. 8. 8:00 PM - Public Hearing - Mike Deutz, request to rezone two parcels of property abutting CR 75. The rezoning is requested for future development. 9. 8:30 PM - Comtrac, Site Plan Approval 10. 8:40 PM - Tom Borresch, discussion on future development 11. Old Business a. Transportation Planning b. Transitional Zoning 12. Other Matters 13, Adjourn - - . Notes to the Agenda . . . . . . . . . 4) Nancy Schmidt ~ cancelled the public hearing as she called and stated she is no longer renting the hom~: She has evicted the two non related individuals and only her children and nephew wiÜ reside at the home. They will also be providing the City with a sworn affidavit that t¥ere is no rent being exchanged including mortgage or tax payments. 5) Bob Herges is coming to update the Commission on the status of the development. The engineering required for a plat is extensive. Therefore, the engineering that is in the process is based on the plan the Park Board and Planning Commission reviewed in August. 6) Doug Stang will be appearing before the Commission to discuss operating a cabinet shop in the Quonset building. The property is zoned General Business. As such a cabinet shop is not listed as a permitted use directly. Mr. Stang is coming to discuss his options with the Planning Commission. 8) Mike Deutz has requested to rezone the property he owns along CR 75 to Highway Business. As you can see from the request in your packet, it is for future development. . 9) Included in your packet is a site plan for Comtrac. The site plan indicated that the parking lot is phase two of the development. The parking lot Ordinance is very clear and it must be included and meet the standards of the Ordinance. Also included in your packet is a letter from Joe Bettendorf expressing his concerns. If the approval is recommended it should be contingent upon the approval of the City Engineer. Because this lot is covered through an agreement with the EDA along with Leo Buettner, the EDA must also approve this site plan. The next EDA meeting is scheduled for October 18, 2001. Nancy Scott, the Building Official, will be present at the meeting to answer any questions you may have. - - . Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session Monday, September 10,2001 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Gary Utsch. Commissioners S. Kathleen Kalinowski, Jim Graeve, Mike Deµtz: Council Liaison Al Rassier. Administrator/Clerk Judy Weyrens. Others Present: Ben Poepping, Mary Ann Poepping, Nancy Schmidt, Jim Schmidt, Dorothy Anderson, \ Doris Johnson, Kay Lemke, Dorothy Court, Donald Schneider, Gladys Schneider, Ann Kluesner, Art ) Budde, Donna Budde, Tim Bocresch, Tom Bocresch, Harvey Pfannenstein, Pete Giroux, John Forsythe. ì l i Approve Agenda: Deutz made a motion to approve the agenda with the addition of item #14, special/ meeting request by Comtrac; seconded by Kalinowski and passed unanimously by those present. . Minutes: Rassier made a motion to approve the July 2, 2001 minutes as presented; seconded by Deutz and passed unanimously. Kalinowski made a motion to approve the minutes of August 6, 2001; seconded by Rassier. Discussion: Graeve questioned the transition from page 4 to 5 as it appears as a page is missing. After reviewing the minutes it was determined they were incomplete. Therefore, Kalinowski withdrew her motion and Deutz withdrew his second. Rassier made a motion to table the minutes of August 6, 2001 to October 1, 2001. The motion was seconded by Graeve and passed unanimously by those present. Nancv Schmidt, request for rental license: Weyrens reported that the City Office did not receive all the . necessary paperwork in time to conduct the scheduled public hearing. The hearing notice had been published and notices were sent to all the property owners within the required distance notifying them this matter would be placed on the October 1 agenda. Nancy Schmidt spoke on her own behalf. She stated that she along with her husband and three children own a home located at 113 Able Court East. At the present time her three children along with one nephew and three others reside at the residence. The Commission briefly discussed the issue and stated that the Ordinance allows for three unrelated persons. Under the defmition of a family, the residence has two, tenants in excess of the maximum number allowed. The Commission agreed to continue this discussion on October 1, 2001 during the public hearing. St. Joseph Meat Market, 17 Minnesota Street West: St. Joseph Meat Market owner Harvey Pfannenstein appeared before the Planning Commission to request authorization to apply for a building pennit to reconfigure the rear entrance to the processing plant. Pfannenstein stated that he is requesting a building pennit to add a back entrance to the processing plant approximately 7' x 17' in size. The USDA has requested the entrance for health reasons. Pfannenstein stated that the addition will also stop the doors from freezing and provide an air chamber for the building. Graeve made a motion authorizing Harvey Pfannenstein to make application for a building permit for the St. Joseph Meat Market to add a rear entrance to the building located at 17 Minnesota Street 'Vest. The motion was seconded by Deutz and passed unanimously. Tun Borresch, 12 - 3rd Avenue NW: Tim Bocresch appeared before the Commission to request authorization to reconfigure the accessory building approved on September 10 by the Planning Commission. Borresch stated that the original plan approval by the Planning Commission allowed him to construct an accessory building 24' x 48' with the garage doors facing the north alley. Since that time Borresch redesigned the accessory building, facing the garage doors towards 3rd Avenue NW. Borresch is - requesting to construct an accessory building 26' x 54', adding 12 square feet. The additional space will be used for a fuse box and yard maintenance supplies. The depth has been increased to accommodate large - vehicles. Kalinowski questioned Borresch as to what type of landscaping would be completed. Borresch stated that . he will level the area and plant grass and shrubbery. The Commission discussed the access on Third Avenue NW and if it would create traffic concerns. Borresch stated that 3rd Avenue NW is a dead end road that does not receive much traffic and he believes placing the garage doors on 3rd Avenue NW is.a better use of the property, , Rassier made a motion authorizing Borresch to make application for a building permit to allow the\ construction of an accessory building 26' x 54' as requested. The motion was seconded by Deutz and passed unanimously by those present. Tanner System. Site Plan Review: Representatives from Tanner Systems appeared before the Pl~g Commission to receive site plan approval. Tanner System is 73 year old company that produces and packages a de-icant to stop air line freezes, Sample applications are as follows: sawmills, asphalt plants, mines, environmental cleanup sites, snowmaking equipment, lumbering, wastewater treatment, railroads, aircraft ground support, dams, bridges, pipelines and military projects. Tanner system operates year round with 6 employees. The business season is three to four months during the winter. The existing facility is located in East St. Cloud is old and it is not economical to upgrade the building, Tanner systems has purchased Lot 11; Block 1 Rennie Addition, The site plan details the following: · Lot Area: 60,881 square feet · Building Area: 7,200 square feet · Building Material: Tip up concrete · Provided parking spaces: 15, Ordinance requires 13 · The parking lot will be paved and stripped, . · The front 24' will be landscaped with grass and shrubbery, · A borow pit will be stored underground at the rear setback line. This type of storage requires authorization from the MN State Fire Marshall, The Fire Marshall has been contacted and has up to 60 days to respond, · The loading dock will be to the rear of the building, When questioned if they have ever had any complaints from neighbors, representatives stated that they have always been good neighbors and do not have any complaints, Deutz made a motion authorizing Tanner system to make application for a building permit as requested to construct a 7,200 square foot building on Lot 11, Block 1 Rennie Addition. The approval is contingent upon the following: 1. The building will be a tip up concrete building, and the site will be developed as indicated on the submitted site plan, including landscaping. Any deviation requires Planning Commission approval. 2. The owner "ill provide the City with written proof from the State Fire Marshall that the borow pit and tank meet safety standards. The motion was seconded by Kalinowski and passed unanimously. Tom Borresch, 9 - 17th A venue SE: Tom Borresch appeared before the Commission to discuss an accessory building constructed at his facility located adjacent to CR 75. Borresch stated that he was unaware that he needed a building permit for the construction of an accessory building, Utsch stated that he has a hard time believing that someone whose profession is building & remodeling didn't know that a building permit was needed. Weyrens stated that she discussed this matter with the Building Official who stated that if the building is - not temporary it could not stay as it is currently placed, State Building Codes require a greater distance - . between buildings then the distance at present. Further, any permit in the Highway 75 Zoning District requires site plan approval by the Planning Commission. Borresch stated that had he been allowed to add on to the facility as he had requested, (without meeting the exterior requirements), the construction of this building would not have been necessary. Borresch further ) stated that the accessory building has allowed him to place inside what was sitting around the building. Borresch also questioned why Al Stellmach was allowed to construct an additional storage building without meeting exterior requirements. Utsch responded that the project referred to by Borresch was approved by the Planning Commission before the enactment of the Highway 75 Zoning District. However, the fmal i ¡ building to be constructed by Stellmach will be required to meet the exterior requirements. ¡ j Borresch stated that he has two sites that he owns and is requesting time to determine the best use for each property. If an additional garage could be constructed at the site located a 9 - 17th Avenue SE, the building on County Road 75 may be able to be removed within a short time. At this time he would like a time frame of two years to fonnalize his plans. Rassier stated that he could not agree with a two year time frame, but rather proposed a deadline of May I, 2002. The Building Official should be able to assist him with alternative plans. Borresch stated that his property located a 9 _17th A venue SE is also zoned Highway 75 and he does not plan to meet the exterior requirements. His needs are primarily for storage of material and equipment. Utsch stated that he does not believe that the building should be allowed to remain without a permit or going through the necessary process. The Ordinance clearly states that a building permit is required and building without one should not automatically allow the property owner to leave the building. Deutz stated that the State Building Code may not allow the City to let the building remain. He requested the Building . Official be present at the next meeting to further discuss this matter. Rassier made a motion to table any action on the accessory building built without a permit by Tom Borresch be tabled to the October 1, 2001 meeting when the Building Official can be present. The motion was seconded by Kalinowski and passed unanimously by those present. Mike Deutz stepped down from his chair at 8:45 PM due to a potential conflict of interest with regard to the proposed rezoning. Proposed Zoning Change - Property south ofCR 75 zoned RI: Weyrens reported the Council referred back to the Planning Commission the proposed zoning change for property south ofCR 75 that is currently zoned R-1. This property is under consideration to be rezoned Highway 75 Business. The property owners have submitted a petition requesting the property remain as R1, Single Family. Graeve stated that it is his opinion that the property should remain R1, Single Family. In his opinion rezoning the property to Highway 75 Business will eventually turn the area into another St. Cloud Division Street. Further, it is his opinion that it is more inviting for visitors to drive through a City where major corridors include residential development, promoting quality of life. Rassier stated he believes the best use of the property is commercial. Graeve made a motion to leave the zoning of property abutting CR 75 as it is currently zoned, Rl - Single Family. The motion fails for a lack of a second. Utsch stated that he is interested in researching transitional zoning and questioned Weyrens as to availability of such infonnation. Weyrens responded that the consultants hired for the EDA are familiar with transitional zoning and she will have them provide some infonnation. Weyrens stated that the following are examples of transitional zoning. - a. The existing land use would be allowed to be continued, expanded and remodeled until a - certain percentage of the zoning district is converted. For example: If the property is zoned R1 with a transition to Highway 75 Business, R1 uses would be permitted until 50% of the area has been developed under the governance of Highway Business. In this case if a home were destroyed beyond the 50%, the . home could be reconstructed provided that not more than 50% of the area is developed commercially, b, Develop a new zoning district where homes would be a pennitted use in Highway . Business. This option would allow homes to be converted for business as well as dwelling units for single families. Utsch made a motion to leave the property abutting the southern edge of CR 75 as it is currently zoned, (R1 Single Family), with the understanding that the Planning Commission will continue to review transitional zoning and this property may be reconsidered. Any proposed zoning change will necessitate a public hearing, thereby notifying the affected property owners. The motion was seconded by Rassier. Ayes: Utsch, Kalinowski, Rassier Nays: Graeve Motion Carried 3:0:1 Deutz resumed his chair at 8:50 PM John Forsythe, Bo Diddlev's: Bo Diddley owner John Forsythe appeared before the Commission to request authorization to make application for a building permit to construct an accessory building south of the existing building. Forsythe stated that the building will be used to store additional equipment and will not need to accessed frequently. He further stated that the buildings may be temporary as he may expand at some time in the future, Rassier questioned the type of accessory building that would be constructed as some of the current buildings in the downtown area are in dire need of repair and maintenance. Forsythe stated that he is planning on purchasing the buildings from Menards or Home Depot. Utsch questioned if his plans include any landscaping or fencing, He questioned the aesthetics of accessory buildings on College A venue and . inquired about the likelihood of placing tables or a picnic area in front of the buildings. Forsythe stated that he has outdoor eating at his St. Cloud Stores and it is not used as frequently as he had anticipated, Therefore, he does not plan on providing any outside eating area. Commission Members discussed the need to provide some privacy for the buildings whether it be landscaping or fencing, Deutz made a motion authorizing Forsythe to make application for a building permit for the construction of up to two (2) 8' x 10' accessory building with the following contingencies: The building permit must include fencing and landscaping along College Avenue. The motion was seconded by Rassier and passed unanimously by those present. Forsythe also stated that he is asking for authorization to make application for a buildig permit to reconfigure the windows on College Avenue as they are currently single pane windows, Rassier made a motion authorizing Forsythe to make application for a building permit to replace the windows as requested; the motion was seconded by Graeve and passed unanimously by those present. Transportation Planning: The Planning Commission is requesting a joint meeting with the City Council to begin transportation planning so that as development occurs the roads are in place or a plan has been adopted. The Commission agreed to meet on Monday, October 15,2001 at 7:00 PM. Adjourn: Deutz made a motion to adjourn at 9:10 PM; seconded by Rassier and passed unanimously by those present. - Judy Weyrens - Administrator/Clerk " . Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, August 6, 2001 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Gary Utsch. Commissioners Marge Lesnick, Kurt Schneider, Michael Duetz, S. Kathleen Kalinowski, Jim Graeve. Councif Liaison AI Rassier. Administrator/Clerk Judy Weyrens, Others Present: Fire Chief Dave Theisen, Clarence Fischer, Jean Dehler, Steve Dehler, Goeff Partridge, Randy Torborg, Bill Elfering, Bill Lowell, Mark Winter, Keith Gruber, Doris Johnson, Dorothy Court, Kay Lemke, Tim Borresch, Tiflie Wasner, Ellen Wahlstrom, Loren Loso, Douglnselman, Donald Schneider, Gladys Schneider, Elmer Rakotz. Approve AQenda: Kalinowski made a motion to approve the agenda as presented; seconded by Lesnick and passedunanhllously, -... . Jean Dehler, Special Use Request. Rental in a General Business District: Utsch opened the public hearing at 7:00 PM and stated the purpose of the hearing is to consider a special use permit to allòw a rental unit in a General Business District. The property is located at 31 West Minnesota Street, legally described as Lot 007, Block 009 Townsite of St. Joseph; Lot8 Less E 2' and the E'ly 6' of Lot 007 Block 009 Townsite of St. Joseph. The request has been submitted by Jean Dehler. St. Joseph Code of Ordinances 52.21 Subd. 3 (f) provides for the following under special uses: Mixed use of a permitted use and a multiple residential dwelling units; but only if at least 50% of the interior square footage (exclusive of the basement or cellar) is used full time for a permitted use. The area consisting if multiple residential dwelling units must meet the standards of Section 52.19, Subd. 5 and 6, Parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 52.14, Subd. 4. . Jean Dehler spoke on her own behalf. She stated that she is requesting to secure a rental license for one unit on the second and third floor. The proposed plan includes the bedrooms being on the third floor with kitchen and bathroom on the second floor. Dehler stated that there is currently a fire wall that separates the units. Lesnick questioned if the parking area wiff be marked and if the required fire lane is designated and marked. Dehler stated the submitted parking plan illustrates that sufficient parking is available. As for the fire lane, the sign has been vandalized. Fire Chief bave Theisen presented the Commission with a letter from the Fire Marshall dated 1994. The letter indicates that if a portion of the second and third level of the buifding will be used for rental, fire codes must be satisfied. The major code that needs to be completed is the installation of a sprinkler system. Theisen is requesting that if the Special Use is granted, the Fire Marshall be contacted to inspect the buifding and the property owners would be required to adhere to the fire codes. Rassier stated that when the city reviewed the Rental Ordinances, language was included to adopt the State Fire Code. Therefore, any code violations discovered by the Fire Marshall would need to be corrected. There being no further testimony the public hearing was closed at 7:15 PM, Deutz questioned if a special use permit is issued, would Dehler be required to pave the parking lot. Weyrens stated that the Ordinance only requires the lot to be paved if a buifding permit is needed to complete remodeling. Installing a sprinkler system would not qualify as remodeling, therefore the parking lot would not be required to be paved. Rassier made a motion to recommend the adoption the following Resolution of Finding, granting a Special Use Permit to Jean Dehler, 31 West Minnesota Street. " Resolution of finding . The request of Jean Dehler for a special use permit came before the Planning Commission at a public hearing held on August 6, 2001, The purpose of the h~aring was to consider a Special Use Permit to allow a rental unit in a General Business District. \ The property is legally described as follows: Lot 007 Block OÒ~ Townsite of St. Joseph; Lot 8 Less E 2' and the E'ly 6' of Lot 007 Block 009 Townsite of St. Joseph, yhe request for Special Use has been submitted by Jean Dehler, 31 West Minnesota Street, St. Joseph MN 56374. Notice of this matter was duly served and published, In consideration of the information presented to the Planning Commission and its' application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: . The proposed use is consistent with the standards for a Special use Permit as stated in St. Joseph Code of Ordinances 52,8 subd 4 (a-k), Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approve the Special Use Request with the following contingencies: 1, The Rental License shall be contingent upon the property being inspected by the Fire Marshall (Fire Chief), Building Official and Rental Housing Inspection, 2. All Fire and Safety Codes found to be deficient will be corrected before a rental license is issued . and the property occupied. 3, The property owner will immediately designate and mark the required fire lane as agreed to in 1994. The motion was seconded by Utsch and passed unanimously. Kellv McCann, Special Use Request, Owner Occupied Rental Unit in an R1 Zoninq District: Utsch op~ned the hearing at 7:23 and stated the purpose of the hearing is to consider a special use permit to allow an owner occupied rental unit in an R1 Single Family Zoning District. The property is located at 134 - 6th Avenue NW and is legally described as follows: Lot 9 Block 3 Clinton Village. The request for Special Use has been submitted by Kelly McCann. St. Joseph Code of Ordinances 52,17 Subd 3 (I) allows a special use permit as follows: Residential rental if owner occupied. For purposes of establishing if the property is owner occupied, the owner must be a natural person and the owner occupying the property as his or her principal residence and must have a fifty percent or greater interest in the property. Kelly McCann spoke on his own behalf. He stated that he was unaware of the rental regulations in St. Joseph and upon receiving notification from the City followed the process as outlined in the above mentioned Ordinance. McCann stated that he does own and reside at the property in question and rents living quarters to three (3) other persons, McCann further stated that he has been renting since November of 2000. Utsch clarified that if a special use permit is allowed, only two tenants in addition to Mr. McCann would be permitted. Goeff Partridge of 601 West Ash Street requested the Planning Commission deny the request of McCann, He stated that the neighborhood in Clinton Village only has one rental property and that is located at the entrance to the housing development. When that rental unit was constructed the residents were told by the builder that he was building the home for his children to live in while attending college. Since the rental unit has been constructed the neighborhood has been plagued with problems including excess cars parked on the front lawn, parties and the lack of lawn maintenance If this rental unit is an . example of what the neighborhood can expect, then the Planning Commission and Council should deny the request. Partridge stated that it is his opinion that the Council has a responsibility to protect the character of the neighborhood. If the special use permit is granted it is his fear that a precedence will be established and rental units y¡iII dilute the neighborhood. Therefore, Partridge encouraged the Commission to deny the request. Bill Elfering of 329 Cypress Driv~ requested the Planning Commission deny the request permitting a rental unit in Clinton Village. Elf7-ring stated it is his opinion that too many homes are being converted to rental units and the Council an~ Planning Commission need to protect the single family homes. . . / Keith Gruber of 114 - ih Avehue NW requested that the Planning Commission deny the request of McCann. Gruber stated thaJhe too has concerns that if another rental property is allowed in Clinton Village it will become as unsightly.as the rental property located at the entrance tothe development. IJ is his opinion that the City does not have control overthenumber of students living in a rental unit as the number of cars consistently parked in front of the rental unit at the entrance would indicate in excess of 7 tenants. Weyrens clarified that proving residency is extremely difficult. Even if the Housing Inspector could conduct random inspections, there is no way to prove by counting cars or beds how many tenants occupy the rental unit. Schneider stated the City investigated eliminating the grandfather provision allowing 5 unrelated persons to occupy a rental unit, but found it would be illegal to do so. Steve Frank of 606 Birch Street West stated he was asked to speak to the Planning Commission on behalf of some residents in Clinton Village. He stated that while he has not noticed any problems with the property owned by McCann, he is concerned with a precedence that will be established by granting the first Special Use Permit for an owner occupied rental unit. The Ordinance was just adopted in 2000 and Frank questions how many requests will be submitted to the Planning Commission if the McCann request is approved. . Clarence Fischer of 126 - 6th Avenue NW requested the Planning Commission deny the request of McCann and questioned the amount of bus traffic to and from the group home also located in Clinton Village. Weyrens stated the buses provide transportation for the residents of the group home and operation of such is a permitted use in an R1 Single Family ZOrÍillg Distñct. Utsch closed the public hearing at 7:46 pm. Kalinowski stated it is her opinion that the request before the Commission is Within the guidelines of the Ordinànce. However, at the present time the property owner has one too many tenants and would need --- to resolve that matter. Schneider stated that before a special use permit can be issued, the Planning Commission must find the request to be within the standards outlined in the Ordinance. Schneider stated it is his opinion that the following Special Use Standards as stated in the St. Joseph Code of Ordinances 52.9 Subd 4 are compromised: a. Will not be detrimental to or endanger the public health, safety, morals,comfort, convenience or general welfare of the neighborhood. d. Will not be hazardous or disturbing to existing or future neighboring uses i. Will have adequate facilities to provide sufficient off-street parking and loading space to serve the proposed use. Kalinowski questioned Schneider as to what he considers endangerment. Further, she stated that the property owner does have sufficient off-street parking as he can park a maximum of three cars on his property. Schneider responded that currently the cars are parked on the street. As such, residents and children must navigate around the cars creating a pote'ntial safety hazard. Utsch stated that in his opinion allowing an owner occupied rental in Clinton Village would change the - character of the neighborhood, which is contradictory to the standards for granting a variance. Utsch , expressed concern that the property owner is currently in violation of the Ordinance, exceeding the . maximum number of tenants allowed, Based on the testimony presented to the Planning Commission, Kalinowski made a motion to recommend the City Council adopt the following resolution, denying the Special Use Permit request of Kelly McCann. Resolution of finding The request of Kelly McCann for a special use permit came before the Planning Commission at a public hearing held on August 6, 2001, The purpose of the hearing was to consider a special use permit to allow an owner occupied rental unit in a R1, Single Family Zoning District. The property is legally described as follows: Lot 009 Block 003 Clinton Village. The request for Special Use has been submitted by Kelly McCann, 134 - 6th Avenue NW, St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is not consistent with the standards for a Special use Permit as stated in St. Joseph Code of Ordinances 52,8 subd 4 (a-k). The following standards have not been satisfied: St. Joseph Code of Ordinances 52.9 Subd. 4(a): Will not be detrimental to or endanger the public . health, safety, morals, comfort, convenience or general welfare of the neighborhood or the City. Finding: Parking tenant vehicles on the street may cause a safety issue for residents, including children as they may be required to navigate around the vehicles. St. Joseph Code of Ordinances 52.9 Subd. 4(c): Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the generalvicinity and will not change the essential character of that area. Finding: The proposed special use will be non conforming to the majority of the neighborhood changing the character of the neighborhood. St. Joseph Code of Ordinances 52,9 Subd. 4(d): Will not be hazardous or disturbing to existing or future neighboring uses. Finding: At the present time there are no rental licenses issued in Clinton Village and the infusion of rental units may change the use of the existing homes and discourage families from moving into the neighborhoods in the future. Therefore, based on the above findings, the Planning Commission makes the following recommendation: Deny the Special Use Request of Kelly McCann to operate a owner occupied rental unit in an R1 Zoning District. . . The motion was seconded by Deutz and passed unanimously. AI Stellmach, Special Use Request - Mini Storaqe Units in HB Zoninq District and Variance on Exterior Requirements: Utsch called the public hearing to order at 8:06 pm and stated the purpose of the hearing is to consider a variance and special use permit to allow the construction of an additional storage facility in a Highway Business Zoning District; and a variance to relieve the property owner of the exterior building material requirements, The property is located on Ridgwood Road and is legally described as Lot 003 Block 001 Neu Addition. The request has been submitted by Allan Stellmach, Ridgewood Self - Storage, ~ " .-:"- . . St. Joseph Code of Ordinances 52.22 Subd. 7 (c) states that acceptable exterior building materials shall include brick, stone, tip-up concrete panel, decorative concrete block or glass. Wood siding, plastic and other combustible material not listed as acceptable shall not be used for building exteriors. Architecturally approved steel is acceptable provided that at least 50% of the building (excluding.windows and doors) consist of brick, stone, tip-up concrete panel and/or decorative concrete block: Any building undergoing. renovation, repair or an addition, so as to require the issuance of a buiiding permit.S;'iI be brought into conformance with this subsection at the time repairs, renovation or additions are com leted. Allan Stellmach spoke on his own behalf. Stellmach stated that he started this proj~ct seven (7) years ago, When the project began the property was zoned light indistrial and all uses w~re considered by special use permit. At that time he presented a plan that included five (5) building~. The first phase consisted of one building, and as time progressed additional buildings were constfucted. Since the .original buildings yvere constructed, the zoning classification for the property has been modified to Highway Business. As such, the Planning Commission would need to issue a special use permit. Further, the Ordinance regulating Highway Business incfudes a provision for exterior finish requirements. Stellmach stated that he is seeking relief from the exterior requirements as his project has been in progress for the past seven (7) years, prior to the enactment of the new zoning district. Utsch closed the public hearing at 8:10 pm. Commission member concurred with Stellmach that his project has been in progress and the change in zoning district has caused the need for the variance. Further, the unique shape of the property in question limits the type,of development. Utsch clarified that when the last building is constructed, (facing RidgewoodRoad), the exterior requirements would not be waived. . Deutz made a motion to recommend the Council adopt the following findings and approve the Special Use and Variance request of Allan Stellmach to construct two mini storage units. Resolution of Finding The request of Allan Stellmach for a special use permit and variance came before the Planning Commission at a public hearing held on August 6, 2001.' The purpose of the hearing was to consider a Special Use Permit to allow the construction of two additional mini storage units and a variance granting relief from exterior finish requirements of Ordinance 52.22 Subd. 7 (c). . The property is legally described as follows: Lot 003 Block 001 Neu Addition. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for a Special use Permit as stated in St. Joseph Code of Ordinances 52.8 subd 4 (a-k). St. Joseph Code of Ordinances 52.7 Subd. 2(a): That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. The exceptional or extraordinary circumstances must not be the result of é!ctions taken by the petitioner. Finding: The City initiated a change in zoning which resulted in additional requirements. The development of the property has taken over seven years. When the development was initiated the City approved the development plan and denying the request at this time could create a hardship for the property owner. Therefore, based on the above findings, the Planning Commission makes the following recommer:~~t.i.9n~ Approve the Special Use Permit allowing the construction of two additional mini storage units and . grant a variance providing relief from the exterior requirements, Approval is recommended with the following contingency: The property owner will comply with the exterior requirements for the last building as it will be . \ adjacent to the road. The ,n<otion was seconded by Utsch and passed unanimously. Indian Hills Final Plat, OM BUildinq: Dorian Davidson and John Meyer appeared before the Commission to,request approval of the Final Plat for Indian Hills Park. Meyer stated they have agreed to provided the City with an easVwest egress through Lots 1 and 2, Block 1 provided the road connect with 4th Avenue NE, The property will be dedicated provided that the property owner does not have to pay any assessments, Further, the agreement to donate the right-of-way will expire after one year, unless the road is constructed, Weyrens reported that the City Engineer and Attorney are working on compiling the final documents for the final plat. Schneider stated that he is opposed to rezoning a parcel of property without a development plan. Davidson responded that Indian Hills is being developed commercially and at this time there are no definite plans for development. However, platting the property allows the property to be developed as the need arises, Deutz made a motion to recommend the City Council approve the final plat for Indian Hills Park contingent upon the execution of a Developers Agreement and approval from the City Engineer and City Attorney. The motion was seconded by Schneider and passed unanimously. Tim B~rresch, Accessory Buildinq Request, 12 - 3'd Avenue NW: Tim Borresch appeared before the . Commission to request authorization to secure a building permit to construct a garage 24' x 84' on the property located at 12 - 3rt! Avenue NW. The property in question is zoned R3 and the request is being made to allow for the construction of storage space for tenants at 11 & 12 - 3rt! Avenue NW. Utsch questioned Borresch if he discussed the building plans with the neighbors, to which he responded no, Utsch stated the Ordinance requires that an accessory building in an R3 area compliment the principal structure, The property contains a single family home with a single car garage and is licensed for three tenants. Therefore, the property located at 12 - 3rt! Avenue NW only requires a three stall garage. Borresch stated that he is requesting the larger accessory building to keep both his properties orderly, Co~mission members concurred that the proposed building would not fit in the neighborhood. Therefore, Rassier made a motion authorizing Borresch to make application for a bUilding permit to construct an accessory building not to exceed 24' x 48'. The motion was seconded by Graeve and passed unanimously. Tom Borrresch, Accessory Buildinq, 9 - 17th Avenue SE: Rassier made a motion to table discussion on the request to construct an accesory building at 9 - 17th Avenue SE as the property owner failed to appear before the Planning Commission. The motion was seconded by Kalinowski and passed unanimously. Zoninq Recommendations, Julv 16, 2001 Public Hearinq: Utsch stated the Planning Commission will be discussing the proposed zoning changes based on the, testimony received at the July 16, 2001 public hearing. As the public hearing was closed, the Planning Commission will not accept additional testimony. Each area will be considered separately with the Commission making a recommendation for each proposed change, . Area #1 - The property located at the NW intersection of County Road 133 and Highway 75. Proposed change: Industrial to Highway Business. Rassier stated it is his opinion the property will be developed commercially and should be zoned as such. Further, Highway Business Zoning is more restrictive than Industrial and includes exterior requirements. : Highway Business is more restrictive than Industrial. Graeve stated that Industrial property allows for adult entertainment businesses, and the property in question would not be a good site for a use such as that. Therefore, Graeve made a motion to recommend the City Council rezone the property located in the northwest intersection of County Road 133 and County Road 75 to Highway Business. The motion was seconded by Rassier and passed unanimously. . Area #2 ':"Thé iirojiértÿlocafèâ at 514EasfMinnesotaSireet.Pròposed change:R1 Single Fain;iy to R2 Mu/itple Family. Oeutz questioned if the property owner has been contacted regarding the proposed change. Weyrens stated that the property owner was mailed a notice and he did not respond at the public hearing. The property on both sides is surrounded by R2 Zoning. Graeve stated that at the public hearing residents questioned why the surrounding property could not be rezoned to R1. . Lesnick stated it is her opinion that the property should remain R1. Rassier made a motion to recommend the Council rezone the property located at 514 East Minnesota Street R2; seconded by Kalinowski. Ayes: Rassier Nays: Kalinowski, Graeve, Schneider, Utsch, Lesnick, Deutz Motion fails 1 :6:0 . Area #3 - Kennedy School. Proposed change: Public to Educational and Ecclesiastical (E & E) Utsch stated that the Planning Commission originally viewed all the educational and religious property and recommended the zoning be consistent, using E & E. However, upon reviewing the Ordinance regulating E & E he finds no provision for elementary schools. Kalinowski discussed the intent of E & E when is was adopted and stated it was to regulate the college/monastery property. The Commission agreed to research devéloping a Public land use ordinance. . Kalinowski made a motion to recommend the Council leave the Kènnedy School prop.erty zoned Public; seconded by Lesnick and passed unanimously. Area #4 - The property located adjacent to Highway 75 between College North and Third Avenue NE Proposed change: R1 to Highway Business. Utsch stated he has received calls ITom residents requesting the property to remain RI. Even though the property can continue to be used for single family, residents may have difficulty selling the property with this intended use. Currently a property sale has been jeopardized due to the rezoning. The mortgage company would not finance the home because the home could not be rebuilt if destroyed more than 50%. Graeve stated it is his opinion that the property should remain R1 to avoid developing a second St. Cloud Division Street. Residential development provides a softer image when visitors are driving through St. Joseph. Further, he does not want to cause a hardship to any property owner who wishes to sell their property . - Weyrens stated that the Commission could review different types of transitional zoning and there may a way to convert the zoning without creating a hardship. - ". .' . .. Graeve made a motion to recommend the Council keep the zoning as Rl, Single Family for the . property adjacent to Highway 75 between College Avenue North and Third Avenue NE. Ayes: Rassier, Graeve, Schneider Nays: Lesnick, K~linowski, Utsch, Deutz Motion Failed 3:4:0 Deutz made a motion to table fu"her discussion on the rezoning for the above mentioned property until additional informatipn on transitional zoning is provided to the Planning Commission. The motion was s.~bonded by Lesnick and passed unanimously. Area #5 - Resurrection Lutheran Church. Proposed change: Agricultural and E & E. Lesnick made a motion to leave Resurrection Lutheran Church zoned Agricultural until the City develops Public Zoning regulations. The motion was seconded by Deutz and passed unanimously. th Area #6 - The area located between College Avenue South and 4 Avenue SW. Proposed change: College A venue South to Chapel Lane - R1 to E & E; Chapel Lane to 4th A venue SW- R1 to R2. Rassier made a motion to recommend the Council zone the property between College Avenue South and Chapel Lane as E & E; seconded by Graeve and passed unanimously. Utsch stated that he has received comments regarding changing the zoning to R2 from Chapel Lane to 4th Avenue NW. Schneider stated that the proposed change looks better on paper and the Planning Commission should reconsider this area. Kalinowski stated that the Planning Commission should review the zoning regularly and this may be an area for future consideration. Rassier stated he feels the . property should be rezoned to R2, Rassier made a motion to recommend the City Council zone the property between Chapel Lane and 4th Avenue NW to R2 Multiple Family. The motion was seconded by Deutz. Ayes: Kalinowski, Deutz, Utsch, Rassier Nays: Graeve, Schneider, Lesnick Motion Carried 4:3:0 Area #7 - Property north of Old Highway 52. Proposed Change: R2 to R3 Weyrensstated that a portion of the property is already zoned R3 and the change would only affect the rental units on the western edge. Therefore, Lesnick made a motion to recommend the Council leave the property as currently zoned, a mix of R2 and R3; seconded by Graeve. Ayes: Utsch, Kalinowski, Lesnick, Schneider, Graeve, Rassier Nays: None. Abstain: Deutz Motion Carried 6:0:1 Area #8 - Property located between Clinton Village and the Millstream Monestary house. Proposed Change: R1 to R3. Based on the testimony received at the public hearing on July 16, 2001, Lesnick made a motion to recommend the Council leave the above mentioned property zoned R1 Single Family. The motion was seconded by Deutz. Ayes: Utsch, Kalinowski, Lesnick, Schneider, Graeve, Deutz Nays: Rassier Motion Carried 6:1:0 Minutes: Kalinowski made a motion to table approval of the minutes until the next meeting; seconded by Lesnick and passed unanimously. - Other Matters: Utsch stated that the Planning Commission should consider meeting twice a month until the current projects are completed. Weyrens reported that a joint meeting between the City Council, " . Planning Commission and Park Board has been scheduled for August 13, 2001 at 7:00 PM. The purpose of the meeting is to review the proposed subdivision south of Kennedy School. Adjourn: Lesnick made a motion to adjourn at 10:05 PM; seconded by Deutz and passed uanimously. Judy Weyrens Administrator Clerk . - - I ------ . ------- ------ . " .- 0/ // "/ ,-- l.< :.nd; fotol þ."aoIS;h ." ....... 38.150cru TOlollAAtI,rofLol,. ....... '" "."0.;' lot Si,. ....... 14.,512..1, "'¡nill'U"'lloISi'...... ....... SI.546 ..1. Totol~rofR..id.nlioIUnit... ". -Sin~ I. C07Iil)'D-loc/'l.d~... '" ~~F~j::::..1;l - -L1I~ury Townh~' ..,...... " -,!,lford(lbI.T-.,/"oOTII....... " -R. ;'...."tCanl.r(3.tory).... " - Total Ar.o of Front (..IÞoc~ to c,,,b) . 115.7'ce,.. Ar'Q 01 Front s.yo..." Wi";""'" Setback. 7.SlJac.n "."09' A"o 01 Frill'll p,r Lot 5.7ðð 1.1. TOl.ol Ar,o 01 PorI< .... . 1.110(:.n Tolol ArU 01 Riqhl-o'"",*"J' ð.1I3l1eru ____N Tolol A,.o øf Publ ic Strut Pov;n<¡ . . 195.263,.1. -..-- Total Ana 01 Privott O,Î..... OMllOtl.. ." . 160.6<&0._,. Pond Vjew Rj1§.e Tolal Ar.o .hown in _II" . 15.840._f. A PI.nDed Neighborhçod in 51. I ph. IIN Total Ano ll>ow"n in (lGof S<"rfOI;. 577,1«..1 BY~5 P~h V~'rthf(~· LLP Totol '/f1:Ilrviovl s.."o<;. . . JO.04 Ac:ru (34" <;OYIrOQI) <;1. Cloud Uinnoooto ~3 Toto I Un-.ol r..t 01 Slr..t 6."30 I. f . >, CITY OF ST. JOSEPH ,~ 25 College Avenue North , 25C PO Box 668 St. Joseph, MN 56374 320-363-7201 DEVELOPMENT REVIEW APPLICATION ) Applicant: Owner: ~ / > Address: Address: 1J~ tJ Telephone (W): 01- Telephone (H): r1?DL Conditional Use Permit Vacation of ROW/Easements Variance Non-conforming Use Permit Planned Unit Development -.:;¿ Rezoning Sign Prelim Plat $ 5.00 per lot Subdivision labels TOTAL FEE $ Date fee received /--.., Date application received PETITIONER MUST PROVIDE THE FOllOWING · A list of all property owners within 350 feet of the boundaries of the property. ( This list must be obtained from the Stearns County Auditors Office) · Seventeen full size folded copies of the plans. · Payment of all associated fees must be made in full when application is made, This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of the application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible with all City requirements with regard to this request. 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JOSEPH, MINNESOTA r [h!!J ~~ ~ ~ It J r PR01F.!T NO.: J II J J . - - - - - - - - - - - - - - . . š ~~ g¡¡~~ ' , H ~§ ~~ ~ ~! ~~ ~IF~ H ¡;¡n ~~ ~ " ~~5@ ~' ~.~ P" o . ~~ ~ ~ ~z ~tJ ~ oU'lr-\JI ~ ... ~"" ~~ p~~ . 1 ~ ~ "'J:I § ~ > ~ ~ i ~~ ~ ~ i ~ {j¡1::J n:t" ~~ß~ ~ i ~ ~ 0> ~~ ~¡t~ f ~~ ~ ~ " - ;;~~5 ~ 2 ~ -<g~ , ~ y g ';'~ ~ a ~ ¡;õ i¡\ -G rL__ -.-.-.-8 rL -.-8 rL I I I I I I ----~- I I I I I I ~~---=t=~-= I I I I I I II I I 1 I - I I 1 I 1 I ~ I I I II I I ~ 1 I II I I I I I --~--- I II Þ-3 I I I Þ-3 II I I I I I I I I II II I =: I tzj I I I I 1 I -- I I II -- I I ~ I I I I I I I tzj I I I , I I I I ~ I 1 I 1 I I I - I I I I .-.--8 I tzj I I I I I ,'õ'-' I I I I I I I I I I I I II I I 1 1 I I 1 1·1 I I j : r~~. I I I I I II '-,- I I I I ''l'"=:=E I I I I , I 1 1 ~ I I I I .. ~' .-@) I I' .-.-0 -1~'L._. I I I',. 1 I I I .., I I ~ I I I 1-- I I ~1:11 1200 25th Avenue SoutlJ, P.O. Box 1717, 81. Cloud. M(I 56302-1717 320.229.4300 320.229.4301 F~ ClTChittcfIJCTt . ~Rgir!t'Ting . eRl1rTonrllental . transportation September 27,2001 RE: Saint Joseph, Minnesota · ComTrac Development SEH No. A-STJOE 0201.00 14 St. Joseph Planning Commission % Ms Judy Weyrens Clerk/Administrator City of Saint Joseph 25 College Avenue North P.O. Box 668 Saint Joseph MN 56374-0668 Dear Planning Commission Members: On September 26, 2001, I received a set of drawings ttom Miller Architects and Builders regarding the proposed ComTrac Development. TIùs late submittal does not give me enough time to do a thorougb review before yoW" roeeting on Monday, but I do have several comments based on a quick overview of the drawings: 1. The site is located where we do not have road access. We are in the process of submitting the final application for payment for the construction project that included the Business Park utilities. As a part of this closeout, Ehn Street from COW1ty Road 133 to Joseph Street, and 15th Avenue NE from County Road 133 to Elm Street will be: banicaded with "Road Closed" signs. These roads are not improved 1'Ior are tb.ey open to trame. We have manholes and valve boxes sticking up out of the subgrade that we do not want damaged, and it 7.S not the City's intent to maintain these roads in their current condition. Subject to John Scherer's review, before ComTraC or anyone else can open a business that will generate traffic for customers and employees, at least one of the streets serving the property should be improved. · If desired, we can schedule the necessary improvement hearing and prepare construction plans for bidding in early spring. 2. Hydraulic calculations for the site drainage must be provided by an Engineer registered in the State of Minnesota. 3. Neither benns nor holding ponds may be, constructed in easement areas. 4. In my opinion, all areas acc(",ssed by vehicles should be paved with bituminous or concrete snrfacmg. We do not want vehicles tracking mud or stones out on to the street surface. The complete site plan submittal should be provided to me two weeks prior to the date your meeting packets go out. This allows me time to visit the site and review the plans with City ~ I will hold off on further review until the revised submittal is pro-vided. Please call if you have any questions. 8~ os R.. Bettendorf, F.E. City Engineer cb c: Dick Taufen, City of St. Joseph John Scherer~ City of St. Jogeph Bruce Gohman, St. Joseph EDA Bradley Torok, Miller Architeçts and Builders w;\djoo\oamcm7\l1~ ShOrt 811att lofcndrickson Inc. . Your Trusted Resource . Equal Opportunity Employer · ., ily of St. Joseph ""''''. :.ege Avenue NW ~.O. Box 668, August 29, 2001 jt. Joseph. MN 56374 320) 363-7201 Mr. Rick Adams - =ax: 363-0342 Comtrac. Inc. , 1635 East Ponto Lake Road No west ::LERK! Backus, MN 56435 ~DMINISTRATOR j Judy Weyrens Mr. Dan Miller I Miller Architects and Builders / >ÚYOR 3335 West St. Germain Street ..arTy J. Hosch P.O. Box 1228 St. Cloud, MN 56302 :OUNCILORS RE: Planning Requirements, Misc.; St. Joseph Development Proposal. Bob Loso :ory Ehlert Thank you for your interest in relocating to the St. Joseph community. As indicated at our Kyle Schneider meeting on August 29, 2001 this memo outlines requirements for City approval of the Alan Rassier proposed development project in the Buettner Industrial Park. Economic Development Authority Review: Section 3.01 of the Declaration of Covenants, Conditions and Restrictions for the Buettner Business Park requires prior review and approval of all plans and specifications including: . · A horizontal floor plan and exterior elevations in relation to finished proposed grade. · A full description of exterior building materials. · Parking plan. · Landscape plan. · Other reasonable details that may be requested. Please note requirements contained in Section III, IV and V of the Declaration of Covenants, Conditions and Restrictions for Buettner Business Park. The EDA meets the third Wednesday of each month at 4:00 p.m. at the St. Joseph City Council Chambers. Planning Commission Review: Section 52.23, Subd. 8 of the City Code requires the following: · . Applicants to submit a "complete and accurate statement to the Planning Commission concerning the specific nature of the use to which the property is to be put". The statement must include detailed information relative to the control of smoke, odors, noise, vibration or other impacts that may be considered to be detrimental to the health, safety and general welfare. The Planning Commission may require any additional information, corrections or control deemed necessary for the protection of the public. Note: City Code Section 52.14, Subdivision 15(a) requires "all materials and equipment, except as provided in the district provisions of the ordinance shall be stored within a building or structure or screened so as not to be visible from adjoining properties." . Prior to building permit issuance a landscape plan providing for trees and other . vegetation must be approved by the Planning Commission. ! ; rr . Prior to building permit issuance, exterior finish design and materials must be . approved by the Planning Commission. . Off-street parking plan approval. Note Code Section 52.14, Subdivision 4(r) and Section 52.14, Subdivision 5 (a-e) in particular. The Planning Commission meets the first Monday of each month. Special meetings may be convened, the fee is $250. / City Council Review: The City Council holds the authority to act on recommendations from the EDA and the Planning Commission relative to review of site, landscape, drainage and parking plans and implement~on of the zoning ordinance. Public hearings are only required if variances, amendments or conditional/special use permits are sought. The City Council meets on the first and third Thursdays of each month. Also, I phoned the County Assessor regarding assessed value of a five-acre parcel before and after the construction project. The Assessor has indicated to further pare down the assessed value detailed construction plans must be submitted and reviewed. I ran the calculations for total assessed value (based on .60 cents per square foot for 5 acres of land) and have determined the base value of the land to be roughly $130,710. This 'NOuld equate to a pre-construction tax level of $3,582. Total taxes generated after construction can be expected to be around $7,500 - $8,000 leading to the gross tax increment disclosed this morning. If you 'NOuld like to pursue TIF numbers further, please forward a copy of the detailed construction plans at your convenience. I", If Joanne Foust or I can be of further assistance, please do not hesitate to contact us at your . i· convenience. Thank you for your interest in the community of St. Joseph. \:..,.> " B~ R~a:L' :A£ t.PL/CV<7 Æ ' r ",c-K Cynthia Smith-Strack Municipal Development Group . . Tom Borresch .' ~r~osed Accessory Building House / ~ ~ U) Q) U) ê Q) Q) ê ;> Q) < ;> .s < r- Main .s - \0 Building - Minnesota Street . Option # 1 - Apply for a variance from the Highway Business Ordinance 52.22 Subd.3 (a) which states: Commercial or business building for an accessory use to the principal use. The diagram above illustrates the parcels owned by Minnesota Home Improvement. They are all separate legal parcels. Therefore, the construction of an accessory building is not an accessory use to a business. If the properties were legally combined this could be accomplished. The accessory búilding would still need to meet the exterior requirements. If granted a variance, Mr. Borresch would remove the temporary building located on his Highway 75 property by October 1,2002. With regard to the existing accessory building - the building still needs a pennit and the Commission must approve the site plan. The Building Official has notified Mr. Borresch that he would have to minimally move the existing building 6 feet to meet building code . requirements. The penalty for building without a pennit will be handled separately through the office. Option #2 - Mr. Borresch apply for a permit to keep the temporary building a pennanent structure and meet the exterior requirements ()f the Ordinance or apply for a variance. . t§. MUNICIPAL DEVELOPMENT GROUP, INC. )eptember 28,2001 I / Judy Weyrens, City Administrator ; Planning and Zoning Commissioners í / City ofSt. Joseph PO Box 668 St. Joseph, MN 56374 Dear Planning Commissioners and Administrator Weyrens: We understand the Planning Commission is reviewing alternative Zoning District classifications and regulations for unique areas which currently do or in the future may contain both residential uses and commercial uses. Following is an excerpt from the City of Mankato's Zoning Ordinance. This includes two different zoning districts which address the above situation: Section 10.17. R- T Residential Transition District: This is an area or district within . Mankato which is a transition area between residential development and commercial and industrial developments. It allows existing one and two-family residential units to continue as a pennitted use but does not allow for the construction of new residential units on vacant lots in the district. Setbacks are different for residential uses and commercial uses within the district. Section 10.18. OR Office-Residential District: This is an area which allows the mix of office, institutional and residential uses within one zoning district. Please note from the attached that this includes professional offices. It does not pennit retail uses. Ifwe can be of any assistance to you in drafting proposed language for your zoning ordinance or in obtaining additional infonnation, please let us know. Best regards, Joanne Foust Principal . 25562 Willow Lane - New Prague, MN 56071- (952) 758-7399 _ Fax: (952) 758-3711- rjfoust@bevcomm,net City of Mankato, MN - Zoning Ordinance Excerpt Relating to Mixed Use and Transition Districts · Sec. 10.17. R-T Residential Transition District. Subd. 1. Purpose. The R-T, Residential Transitional District, is intended to provide locations for limited residential development. It is intended to serve as an area of transition between residential development and commei\ial and industrial development and to provide for the orderly and efficient use of property. The district (,8 not intended to allow the development of residential uses on vacant property when such property is designated by the City Land Use Plan as developing non-residential uses. Subd. 2. ,Permitted Uses. Except as specifically limited herein, the following uses are permitted in the R- T, Residential Transitional District: A. Existing one-family dwellings, B. Existing two-family dwellings. Subd. 3. Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-T, Residential Transition District, subject to the regulations for conditional uses set forth in Section 10,92 of this Chapter. A. Public utilities and essential service utility facilities and structures, as regulated in Section 10,82, Subd. 4. Minimum Lot Area. The minimum lot area for the R-T, Residential Transition District, is as follows: A. One-Family. Six thousand (6,000) square feet. · B. Two-Family. Eight thousand (8,000) square feet. C. Prior Recorded Lots. Lots recorded prior to the effective date of this Chapter may have a minimum area of five thousand five hundred (5,500) square feet. Subd. 5. Minimum Lot Width. The minimum lot width for the R-T, Residential Transition District, is sixty (60) feet, measured at the front setback line, Lots recorded prior to the effective date of this Chapter may have a minimum lot width of fifty (50) feet. Subd. 6. Yards and Setbacks. The minimum yard and setback requirements for the R-T, Residential Transition District, are as follows: A. Front Yard Setback. 1. All Buildings. A minimum of thirty (30) feet. B. Side Yard Setback. 1. Dwellings. A minimum of six (6) feet. Two (2) side yards shall be required for each zoning lot. C. Rear Yard Setback. 1. Dwellings. A minimum of twenty-five (25) feet. D. Transitional Yard. None required, · . E. Accessory Buildings. Accessory buildings shall not be allowed in the required front or side yards. Accessory buildings may be located in the rear yard, provided the building is located at least three (3) feet from any property line. F. Parking. Except for the property's driveway, all parking surfaces shall be set back a minimum of three ) (3) feet from any property line. Not more than thirty-five percent (35%) of the required front, corner side yard, or rear yard setbacks shall be hardsurfaced or used for driveways and/or unenclosed motor vehicle parking. Motor vehicle parking , shall not be allowed in the required side yard setback. , I í Subd. 7. Maximum Ground Coverage. The sum total of ground area that may be covered by all í J structures located on a zoning lot in the R- T, Residential Transition District, shall not exceed thirty percent (30%). Accessory buildings shall occupy not more than fifty percent (50%) of the total area of a required rear yard. Subd. 8. Maximum Floor Area Ratio. None required. Subd. 9. Maximum Building Height. The maximum building height in the R- T, Residential Transition District, is thirty (30) feet. Accessory structures shall not exceed a height of twenty (20) feet. Refer to Section 10.81 for exemptions. Subd. 10. Minimum Structural Requirements. The fOllowing shall be minimum structural requirements in the R-T, Residential Transition District: . A. All structures used for residential occupancy shall have a minimum width of twenty (20) feet at the structure's narrowest dimension and the structure shall be affixed to a continuous permanent perimeter foundation constructed of concrete block, poured concrete, or wood. All structures, either principal or accessory, shall be constructed in conformance with the Uniform Building Code. Sec. 10.18. OR Office-Residential District. Subd. 1. Purpose. The OR, Office-Residential District, is designed and intended to provide for medium- high density development at strategic locations and encourage an optimum mix of office, institutional, and residential uses. Subd. 2. Permitted Uses. Except as specifically limited herein, the following uses are permitted in the OR, Office-Residential District. Every use shall be operated in its entrrety within a completely enclosed structure, including the storage of materials, products, and equipment: A. Child daycare facilities, as regulated in Section 10.82. Playgrounds may be unenclosed. B. Churches or places of religious worship, parish houses, rectories, and convents, C, Clubs and lodges, not including the accessory sale of food or alcoholic beverages unless permitted by a conditional use permit. D, Community centers. E. Congregate housing. F. Dental and medical clinics and laboratories. - G, Dwellings, one-, two-, and multiple-family, - H, Fraternities and sororities. I. Libraries, museums, auditoriums, art galleries, or other cultural . institutions, J, Music studios, K, Nursing homes, L. Parking lots (need not be enclosed), M, Parks, playgrounds, tennis courts, and swimming pools. N, Professional service offices. O. Rehabilitation centers for handicapped persons, P. Schools, public and private elementary, middle, and secondary. Q. Universities and colleges, including residence halls and dormitories, Subd. 3. Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the OR, Office-Residential District. Every use shall be operated in its entirety within a completely enclosed structure, including the storage of all materials, products, and equipment: A, Bed and breakfast establishments as regulated in Section 10,82. B, Emergency shelters, C, Government institutions. . D, Grouped Housing Projects, E. Other residential, institutional, or government service uses determined by the Planning Agency to be of the same general character as the permitted and conditional uses above and found not to be detrimental to existing uses and the general public health, safety, and welfare, F. Public utilities and essential service utility facilities and structures, as regulated in Section 10,82, Subd. 4. Minimum Lot Area. The minimum lot area in the OR, Office-Residential District, is ten thousand (10,000) square feet, plus an additional six hundred (600) square feet of lot area for each dwelling unit in excess of six (6) units. Subd. 5. Minimum Lot Frontage. The minimum lot frontage in the OR, Office-Residential District, shall be not less than eighty (80) feet. Subd. 6. Yards and Setbacks. The minimum yard and setback requirements for the OR, Office- Residential District, are as follows: A. Front Yard Setback. 1. All Buildings. A minimum of twenty (20) feet. B. Side Yard Setback. 1. All Buildings. A minimum of five (5) feet. Two (2) side yards shall be required for each zoning lot. - - C. Rear Yard Setback. . 1. All Buildings. A minimum often (10) feet. D. Transitional Yard. A transitional yard shall be provided anywhere a OR, Office Residential District, ~buts a Residential District. The yard shall conform to the following requirements: 1. The dimensions of the required transitional yard on the property located in the OR district shall be eQu1to the dimensions of the required yard on the residentially zoned property which is located in close t proximity. / 2, The transitional yard shall extend the entire length of the abutting Residential District boundary. ¡ 3¡t The transitional yard shall not be less than a yard required in the Office-Residential District. . 4. The transitional yard shall not be required to be more than twenty (20) feet in depth, 5. The transitional yard shall be landscaped in conformance with Section 10.88. E. Accessory Buildings. Accessory buildings shall not be allowed in the required front or side yards. Accessory buildings may be located in the rear yard, provided the building is located at least three (3) feet from any property line. F. Parking. Except for the property's driveway, all parking surfaces shall be set back a minimum of three (3) feet from any property line. Not more than thirty-five percent (35%) of the required front, corner side yard, or rear yard setbacks shall be hardsurfaced or used for driveways and/or unenclosed motor vehicle parking. Motor vehicle parking shall not be allowed in the required side yard setback. . Subd. 7. Maximum Ground Coverage. The sum total of ground area that may be covered by all structures located on a zoning lot in the OR, Office-Residential District, shall not exceed sixty percent (60%) of the lot area. Accessory buildings shall occupy not more than fifty percent (50%) of the total area of a required rear yard. Subd. 8. Maximum Floor Area Ratio. The maximum floor area ratio in the OR, Office-Residential District, shall not exceed 2.5. Subd. 9. Maximum Building Height. The maximum building height in the OR, Office-Residential District is forty-five (45) feet. Accessory structures shall not exceed a height of twenty (20) feet. Refer to Section 10.81 for exemptions to these restrictions. Subd. 10. Minimum Structural Requirements. The following shall be minimum requirements in the OR, Office-Residential District: A. All structures used for residential occupancy shall have a minimum width of twenty (20) feet at the structure's narrowest dimension and the structure shall be affixed to a continuous permanent perimeter foundation constructed of concrete block, poured concrete, or wood. All structures, either principal or accessory, shall be constructed in conformance with the Uniform Building Code. [Sections 10.19-10.20 reserved.] .