Loading...
HomeMy WebLinkAbout2001 [08] Aug 06 · 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 August 6, 2001 7:00 PM CLERK! ADMJNISTRATOR Judy Weyrens 1. 7 :00 PM Public Hearing, Special Use - Jean Dehler, 31 - MN Street West MAYOR (Ord 52.21 Subd 3 [f]) Purpose: Allow rental unit in General Business zone Larry 1. Hosch 2. 7:20 PM Public Hearing, Special Use - Kelly McCann, 134 - 6th Avenue NW (Ord 52.! 7 Subd 3(1)) Purpose: Allow owner occupied rental in Rl zoning district) COUNCILORS Bob Loso 3. 7:45 PM Public Hearing, Special Use and Variance, Al Stellmach- Cory Ehlert Ridgewood Road. (Ord. 52.22 Subd 7[c)) Purpose: Request of waiver from the Kyle Schneider requirements regarding materials for building exteriors; and the allowance of the Alan Rassier construction of additional storage units. 4. 8 :00 PM Final Plat, Indian Hills - DM Building 5. 8: 15 PM Tom Borresch, 9 - 17th Avenue SE - Plan approval for a temporary building located at 8856 Ridgewood Road. (Ord. 52.19 Subd 7 [d] ) Purpose: Site plan approval · 6. 8:25 PM Tim Borresch, 12 - 3rd Avenue NW - Plan approval for an accessory building in an R3 zoning district (Ord. 52.22 Subd 8 [a)) Purpose: Site plan approval for an accessory building 24 x 84 OR 48 x 84 7. 8:40PM Rezoning - Formulate recommendations to the City Council on the proposed zoning modifications as discussed at the public hearing on July 16,2001. 8. Approve Minutes 9. New Business a. Special Meeting - August 13, 2001 10. Adjourn · Notes for the agenda.... . 1. Jean Dehler - Jean is requesting authorization to rent a portion of the second floor of the Downtown Business Center. The Ordinance requires 50% ofthe building be commercial. Jean has met this requirement. However, in your packet please find a letter from the Fire Marshall regarding the rental ofthe upper units. The City has adopted the Fire Code and as such we must follow the requirements. Nancy Scott and Dave Theisen will be present at the meeting if you have any questions. Both agree if the unit is to rented, it must be sprinkled. Another question that may arise is the parking lot. The parking lot only needs to be paved if a building permit is secured. Jean will not need a permit, therefore, the parking lot can not be required to be paved. 2. Kelly McCann - this is the first oftwo special use permits you will be hearing. Mr. McCann was very cooperative when we called him and was not aware he needed a rental license. I spoke with John Scherer to discuss restrictions that could be imposed. The Planning Commission could recommend that the Council place restrictions such as the special use permit will not be transferable. Therefore, if the property is sold the property could no longer function as a rental unit. It is important to remember that the City cannot discriminate with regard to the tenants. 3. Stellmach - Al will need to receive a special use permit and a variance. The Highway 75 corridor does not permit mini storage units. The only way a special use permit can be issued is under the following section (52.22 subd 4 [1]) Uses determined to be of a similar nature as those permitted under Subd. 1, upon a finding that the uses will be detrimental to the health..... (page 157) . Other facts that need to be pointed out: a. When the property owner originally submitted the special use permit, the property was zoned Industrial and allowed for such by special use. By Ordinance, a special use permit is only valid for one year; therefore, any special use provision has elapsed. b. The property has been rezoned to Highway Business. He has argued he was not notified, but the files indicate otherwise. c. The Commission needs to determine the intent of the Highway 75 Corridor and how it should be developed. 4. Final Plat Indian Hills - The City Council approved the Preliminary Plat with the recommendations of the Planning Commission, including the cuI de sac between the lots on the west side of Northland Drive. In addition, the developer will donate the roadway for an east/west road for a connection only if that road is developed. John Scherer is working on the agreement. Since the Developer is still working on the requirements of Joe Bettendorf, we will not have the platuntil the night of the meeting. In your packet are the engineering requirements. 6. Tim Borresch - Tim will be requesting authoriZation to construct a rather large accessory building. Both the Building Inspector and myself have reviewed the Ordinances and cannot find anything that would prohibit such. 7. By Ordinance the Planning Commission must make a recommendation to the City Council on the recent rezoning modifications. Please note that the Public Hearing has been closed and additional testimony cannot be heard. This meeting is an opportunity for the Planning Commission to discuss the modifications based on the testimony received. The Planning . Commission should include in discussion the need to modify the E & E Ordinance as it does not include provisions for grade schools and includes some restrictions that need to be revisited. · ity of St. Joseph 25 College Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-7201 City of St. Joseph Fax: 363-0342 Public Hearing CLERK! ADMINISTRATOR The Planning Commission for the City of St. Joseph will conduct a public hearing on Judy Weyrens Monday, August 6, 2001 at 7:00 PM in the St. Joseph City Hall. The purpose of the MAYOR hearing is to consider a Special Use Permit request to allow a rental unit in a General Larry J. Hosch Business District. The property is located at 31 West Minnesota Street, legally described as Lot 007 Block 009 Townsite of St. Joseph; Lot 8 less E 2' and the E'ly 6' of Lot 007 COUNCILORS Block 009 Townsite of St. Joseph. Bob Loso Cory Ehlert St. Joseph Code of Ordinances 52.21 subd. 3 (f) provides for the following under Special Kyle Schneider Uses: Mixed use of a Permitted Use and a multiple residential dwelling units; but only if at Alan Rassier least 50% of the interior square footage (exclusive of the basement or cellar) is used fulJ time for a Permitted Use. The area consisting of 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. · The request for Special Use has been submitted by Jean Dehler, 31 West Minnesota Street, St. Joseph MN 56374. Judy Weyrens Administrator/Clerk Publish: July 27, 2001 · . ~\p.~f~~ ,..c pÞtI"~ X r r rl tlIlIU C / - - .... -.. - - - - ~lll ßR ,.tl1 ~,1 1~ 70' a 14> ftð6C\ Fl-ðoR - / ~é"\" it0 T~ ~R. ..,r .. \.oR . I<- :to' , l-Ib'-f r-- "y'----{ ~ Fr Þ f F~41. s~~ · · ~OD~ R rtf, 5)1)7.000 )ec.:r--IV T "'f -I~ 'f RfIf1e - o~'1 TDwNstire óf r'SbSf'J.... Lot- Ob, QLoc.(- - oð1 LoT <¡ LLsf f ;1' 1M> E 1,' of LÞT 7 U Locl: í - . '-1AQkft: ~ Jrt..1'C. o~ ~I\tKi., Lt>í )~<.i¡t) 7w,-r_y. I:...v~IT~ ðf 5'" 'S&11" . ..,.. - 06; ß L.óc.i::. ... ðð , L-o/7 ~1 E. {., ~ f"r n · þc:.uTz.. hoT 7 I)Loc..k e, I ¡"'oi( 6Loc.k' , ~of}(t... O~I' IJAL 'TòuWš,1,.. t ~,<;"..ltt. 76wllSi1t J\. I n-lrRcJo" t-TþO.... "S1to : LoT AI. = I) frt.o (!5%= W,~ ~I rJI'() '" , · 1'1, ~v.' .' A....¡> .. , . I I , ' . . 1 fl ~ ') 't ~ , , I : &ARAG,€ . I . . I : , I . ' .f . t t fl.o4t I . . . I ~(,) SJ ,.,tS~ õO ! I sy^a ~ If"¡ V ~ /Ø " ,). I) IIf I I, " fi If I ~ .f Lø'í # I ~ Jòfl' \.ðT I ,iI #~ 'fo1'~~ . ' I ~ ')/1> I I ( · A~~5~ . . I '" I ( ~_ - (, )." ),( ~ .;.t. ~? ~y~, r I , , .. ~~Þ1 : R,,^'r : . ~ ' I ,..;¡rA< ~ : ~~ ~'T'~ 1 I M'~ 1 I ~ \ I \>"I~I"'\\" / .: V' . ut) ì- L . A':(lf<_ .^~ ~ I I _ , t .A"e ; d- I A,,^II,..(\U . · I I J I-~~ ;~ : I ~,~~ I t- ~~ r';n\~~ ~ . I y:>\J to 1'b o~\.1 . . I 5~;'" !..~) . : fI,~ ~'f \o>~ If 33 J/ ",., T . ~t' 'WeSt M/""eS.n. /'tJAI"cSoTA fTfe.e.T S7f. e..e...í Y~oPð.s ~ D L. B o17"d..... FL.ðóR ~ -;¡"L \ ~~fl11\ U6A,S ......, - ßuS I~SS ",tAt --rðr ~ f - - St. Joseph Volunteer Fire Department ST. JOSEPH. MINNESOTA 56374 Office of the Chief MEMO DATE: Apr il 15, 1994 TO: City Council Members FROM: Dick Taufen Fire Chief RE: Linnemann Inn Parking Lot After reviewing the parking lot plan for the Linnemann Inn, I wi 11 approve it with the following recommendations: 1 . A signed agreement between the property owner, Mr, . Dehler, and the adjoining property owner, Mr. Deutz. 2 , Ample signing to distinguish the fire lane from the parking area, If you have any questions, or need additional information please do not hesitate to contact me. e---' -.,'.---- ,,,."7 // [- - ..."¿;. 'c- / 4fØ~ ,'þ ¿. F ¿.~/. / . ßPfRoVE? ~ fr 3M ~ k. /VvA-l Ó rz / /) It TË ~()v'e.þ Of CIIßIR - PL/t¡;M7 CoMµ'í5"fÎotV/' . ( , -&0 J 7° 1 ç.o- ¡ ;¡.o1-rJD' --¡, DRI"E\II~' ÞRI~E.p.lA7 .. .< . ~ -;. , - - - . . 'U : . ':: .~ ;'0' ·C . .. 0 . ~ _:. ~ .1- ~ ~ . . - ~ : - ,~ ~ ~ j~ :1 I I Fr R5 l..ÞÆ .' ~ /5 5hlrpE.Þ /# /? ;)g> plrf?kW? 5f(/Jj "Jt\ ~ h .__._=..~ ! .- - ~~~.... -:;-:--~~~ .- -,----------.~~ .~_- ~ ~--'.~--.-._-,..i.:':I: ~ ..--.-,---.: - -----" -'? < _.~'Å"",,,,'~ ." ....'- - '': _::-:'~~?i:'..-_' .. . Lo 75 7 \l- <?' (3 LxX 9 ... OR 17/~i(L ToW¡l.>ík C}... Q---. - L 11.1 ¡V e~ ¡Ir+I"; ;¡:. t.I tI " ~ LfO' ,/<"tJ ß::J,,=e.. De1W<. It-ffRove.Þ 0/ , ~ )T 305'ßpJ... FIRf=-, c~,~f / Þt?7 .. ~ ~~~ .- -- " STATE FIRE MARSHAL DIVISION .285 BIGELOW BUILDING . _ 450 NORTH SYNDICATE STREET ST. PAUL, MINNESOTA 55104-4127 TELEPHONE: (612) 643-3080 STATE OF MINNESOTA DePARTMENT OF PUBLIC SAFETY AprilS, 1994 Brad Lindgren Linnemann Inn, Inc. 31 Minnesota StreetW est St. Joseph. Minnesota 56374 RE: Linnemann Inn, St. Joseph, MN Dear Mr. Lindgren: This is a follow-up to our meeting on Friday, April 1, 1994, to discuss the status of correction of building and fi re code violations at the Linnemann Inn. Also in attendance at this meeting were Mr. Steve Dehler and St. Joseph Building Official Ron Euteneuer. This constitutes my understanding of the issues we . discussed that day and the decisions reached. If you have any additions or corrections, please let me know. Based on the commitment given by Mr. Dehler and yourself that aU high school students will be removed from the Linnemann Inn by no later than June 15. 1994 and that the upper two levels will be returned to their previous use as Mr. Dehler's private residence, the following requirements will no longer be applicable after that date: 1. Automatic sprinkler protection throughout the entire building. 2. Protection of the underside of the staÏIway to third floor. I would recommend; however, that if there is to be any combustible storage under that stairway, the protection be provided anyway. It represents minimal cost and will afford an increased level of protection against failure of the stairway in case of fire. 3. Enclosure of the furnace on second floor. UBC(88), Sec. 1213 specifies that such protection is not required for heating equipment serving only one apartment. 4. Enclosure of the attic space on second floor. MUFC(9l), Sec. l1303(b)4 exempts attics within a private residence from the enclosure requirement. 5. Replacement of the hollow core wood door into the attic/storage area on the north end of the second floor. As I understand it, Mr. Dehler will be moving back irito the Linnemann Inn sometime between June 15 and June 30, 1994. As I explained at our meeting, please be aware that any usage of the upper two levels . for other than Mr. Dehler's private residence could result in all or some of these five requirements again being applied to the Linnemann Inn, AN EQUAL OPPORTUNITY EMPLOYER ... .Lindgren · ,1994 (wo of Three It was agreed that the remaining violations would be corrected within the following timeframes: 1. By no later than June 30, 1994: a. The furnace room on tìrst t100r will be completely enclosed with at least one-hour construction (including a one-hour rated firedoor assembly set in a rated steel frame) - or - this room will be protected with automatic sprinklers. b. The hollow core wood door into the understair storage area located at the north end of the first floor will be replaced with at least a 20-minute rated door/frame assembly - or - all storage will be removed from this space, the door removed and the space cQnverted to an alcove. Please be aware that no combustible storage would be allowed in the alcove. c. The 23 ft. dead-end corridor at the south end of the Erst 1100r wi 11 be eliminated. d. Fire department access will be provided to the rear of the building as specified by the St. Joseph Fire Department. I'd like to point out that the fire code allows the access requirements to be modified when buildings are protected with complete automatic sprinkler systems. I discussed this matter with Chief Taufen and he is willing to modify the access requirements as allowed if the · building were to be completely sprinklered. 2. By no later than September 1, 1994 or the time at which the main tloor is fully rented out to college students. whichever comes first: a. Additional detector(s), interconnected with the building tÏre alarm system, will be installed in the basement - or - all storage will be removed from the basement and this area kept free of all storage in the future. b. The basement ceiling wi1l be protected with one-hour construction - or - the basement will be protected with automatic sprinklers - or - all storage will be removed from the basement and this area kept free of all storage in the future. I would view the removal of the storage as only a short- term Ex as it's quite likely that over the long term storage will again reappear in the basement. .-, By no later than September 1, 1994, an approved second exit extending directly to ground level wì1l .:>. be provided from the third 11oor. As I understand it. you plan to rent several rooms on the main level to college students during the summer months. The housemother is also to remain. Future plans are to either continue to rent this space to college students or rent it out for adult foster care use. If you choose the latter option, I'll need to know how the facility will be licensed by the Minnesota Department of Human Services before I can give you specifics regarding the code requirements applicable to this type of use. It would be appreciated if you would keep Mr. Euteneuer and myself appraised of any changes in your plans or any other developments as they occur. I would anticipate that a follow-up inspection of the Linnemann Inn will be scheduled on or soon after June 30, 1994. · . ¿ hree dosing, I want to thank you for the excellent cooperation my office continues to receive from Mr. Dehler and yourself. If you have any questions or need additional information, please feel free to contact me at my home office in Cold Spring at 612-685-8559. Sincerely, ~" ., ,-, -- -J.:. ~--z..;-'" \..1. \..i'Y.......'í<.~i!..L;..---- Robert L. Imholte, Sup.ervisor Deputy State Fire Marshal . cc: Steve Dehler, Box 129, St. Joseph. MN 56374 ./ Richard Taufen, Chief, St. Joseph Fire Department ~.- Ron A. Euteneuer. Building Official, Omni Building Inspection, 110 Second St. S.. #230. Waite Park, MN 56387 Tom Joachim. Director, State Building Codes and Standards Division Thomas R. Brace. State Fire Marshal Allen J. Rupp, Chief Deputy State Fire Marshal Roger J. lemming, Supervisor - South Robert R. Berg. Deputy State Fire Marshal- Inspector RLI:rli SFM File #232592 . · ity of St. Joseph 25 College Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-720 I City of St, Joseph Fax: 363-0342 Public Hearing CLERKl ADMINISTRATOR Judy Weyrens The Planning Commission for the City of St. Joseph will conduct a public hearing on MAYOR Monday, August 6, 2001 at 7:20 PM in the St. Joseph City Hall. The purpose of the Larry J. Hosch hearing is to consider a Special Use Permit to allow an owner occupied rental unit in an R- I, Single Family zoning district. The property is located at 134 - 6th Avenue NW. COUNCILORS Bob Loso St. Joseph Code of Ordinances 52.17 subd 3 (1) allows a special use permit as follows: Cory Ehlert Residential rental if owner occupied. For purposes of establishing if the property is owner Kyle Schneider occupied, the owner must be a natural person and the owner occupying the property as his Alan Rassier or her principal residence must owner a fifty percent (50%) or greater interest in the property . The request for special use has been submitted by Kelly David McCann, 134 - 6th Avenue NW St. Joseph MN 56374. · Judy Weyrens Administrator/Clerk Publish: July 27, 2001 · .~ \~ (f)-'- ......: "-i¡ ...I- e:¡ · 3 () jQ - · ~ - · - 7, PI · 00 - / · - - .',~ ", ;~. "-;~"'''-~'''<'~:~'';')&r':'':~! ':\-': 2 ~'" J ~"" -4 ~..., 5 i)"'= ," -rE' 7 i:ô "'>C- ~~)::~} .,,,,:~..<'-':/~~~':.!<O~.-':: 15 ,~,cc ~ J -! i: \W""<'i'r£ -: ~ ~'Y..- -::tð ~~l 1 - ,- 7 .. \ - H.r·2~':n 10 I ~ 'J. .' í ~ · .. / sù6 .,. · 5"":: - · ~ 1,/or ~IJ 'ú . - ...( · 0,) - 0 · - r 'r · - " .. . -" - "',. ,-"'-... ~-". ! ,-~- -' . ...~--.. .....:... \·,i:~{.£!:,~Ti!~Jiv~ ~~""'..a#,:,./ ~')... / '~'I'-; .' -----1 .-~- \ ., I . ,~ .. ~ I I ".... ., -~ {fe. I ~o~~ . J 1 /( ? !f~ I \ , \ ;-;7-; \ of . .3 A \ ,. CfC, 10 ~]';, - , I o 0 \ . ,0 - 0 '3> :t. ) 7 ,- 'Ôy I, . ,0 : '- . CITY OF ST. JOSEPH 21 First Avenue Northwest PO Box 668 St. Joseph, MN 56374 320-363-7201 , DEVELOPMENT REY¡EW APPLICATION A licant: Owner: Address: Address: Tele 3v::> .- I~O~ - L!_A1~-.- .. Vacation of ROW/Easements - Variance Non-conforming Use Permit Planned Unit Development Rezoning Sign . Subdivision 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 Steams County Auditors Office) N I~. Seventeen full size folded copies of the plans. . diÞ' 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. T:,is is to certify that I am making application for the described action by the City and that I am responsible with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application ... and the fee owner has also signed this application. . ~~) 714¿____ 7/ Ie, 16/ Signatur of Applicant Da{e f. . ,,~ A ~£._~ 7 ¡;, lev Signature f Fee Owner Date· I . PROJECT NAME: LOCATION: LEGAL DESCRIPTION: LOT SIZE: PRESENT ZONING: REQUESTED ZONING:' PRESENT LAND USE DESIGNATION: REQUESTED LAND USE . DESIGNATION: SETBACK REQUEST: REASONS FOR REQUEST: < a.zLJ./ pi:- b'J e ;?e~;'>'\-I' r ~0"""2 ~ /1 ~ ~<L"'" ...J; £/2- A/Y"-J/Nd ~T'¡-(.. U/1.-.I rr- II , 1- ~/L- ;2-- / //¡f" r41C-~ AREA REQUIRED BY REQUESTED BY VARIANCE . ORDINANCE ORDINANCE REQUESTED Front Yard Side Yard Rear Yard Open Yard Parkina Accessorv Blda Size Lot Coveraae FINDINGS OF FACT: dr.4/c-\/ ;!M-rff¿ ¿i¡j'Ø'-Þ¿ ;løø'~ -,-- ~ k<-/ .-- ..- SPECIAL CONDITIONS: . -. . .. ity of St. Joseph .llege Avenue NW P.O. Box 668. NOTICE St. Joseph, MN 56374 Public Hearing (320) 363-720 I City of St. Joseph Fax: 363-0342 CLERK! ADMINISTRATOR The Planning Commission for the City of St. Joseph shall conduct a public hearing on Monday, Judy Weyrens August 6, 2001 at 7:45 p.m. in City Hall ofSt. Joseph. The purpose of the hearing is to consider a variance and conditional use requests to allow the construction of additional storage facility in the MAYOR Highway 75 Business District and without meeting the exterior building material requirements as Larry J. Hosch stated in Section 52.22 B-2 Highway 75 Business District. Subdivision 7 (c) Building Exteriors of the St Joseph Code of Ordinances. The requests are being submitted by Ridgewood Self COUNCILORS Storage. Bob Loso Section 52.22, Subdivision 7 (c) states that acceptable exterior building materials shall include Cory Ehlert brick, stone, tip-up concrete panel, decorative concrete block or glass. Wood si4ing, plastic and Kyle Schneider other combustible material not listed as acceptable shall not be used for building exteriors. Alan Rassier 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 con~e block. Any building oodergoing renovation, repair or an addition, so as to require the issuance of a building permit, shall be brought into conformance with this subsection at the time of repairs, renovation or addition are completed. The property is legally described as: . Lot Three (3), Block One (1) of the Neu Addition, St Joseph, Minnesota The request for Variance and Conditional Use have been submitted by Allan Stellmach, Ridgewood Self Storage, Sauk View Drive, St Cloud, MN" 56303. Oral comments may be heard ITom the public and written comments can be submitted prior to the hearing. Judy Weyrens Clerk! Administrator Publish: July 27,2001 . ~ .... ............~ I ~............ ~1C0 .... .... .... ~ .... !T1 .... .... ::::3 .... -1 :c ~ VI Î'1 t£\ ---~ --- - - - - - -;;3; v;s--- - --~~- -------- -- "T . =;; -1 ¡:¡ ~ x ~ ¡'1 z Î'1 5 VI IT! -g :c VI ~ IT! -1 --- ------- - -- --- . . CITY OF ST. JOSEPH 21 First Avenue Northwest PO Box 668 St. Joseph, MN 56374 320-363-7201 .-. . DEVELOPMENT REVIEW APPLICATION /'/ A licant: Address: ddress: a? <--3& 7 ./ Conditional Use Permit Vacation of ROW/Easements ¿/ Variance Non-conforming Use Permit Planned Unit Development Rezoning Sign . /.50 ¢ Subdivision ~ TOTAL FEE $ 71/~ Date fee received 7'//6 Date application received PETITIONER MUST PROVIDE THE FOLLOWING ~. A list of all property owners within 350 feet of the boundaries of the property. j,: ( This list must be obtained from the Steams County Auditors Office) Seventeen full size folded copies of the plans. Payment of all associated fees must be made in full when application is made. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all info01lation 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. ï:lis is to certify that I am making application for the described action by the City and that I am responsible with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of ïitle, Abstract of Title or purchase agreement), or I amJhe authorized person to make this application and the fee owner has also signed this application. . ,~r . &~A/\ 0 R~~ ,;:,~~/~ / Signature of AP~nt/ / Dae .. . 7~/61 ß~~ 2~ffi Ignature of Fee .. rter / . PROJECT NAME: LOCA TION: /./vvf/ 75" 4v$/"..,f?..5 ~/ $ .;r-~/ c r- LEGAL DESCRIPTION: (., / .3 / /.1 ¿t:)<:;/~ / ,. /Y GC/ /kLd. ' ;/- ~ LOT SIZE: .- PRESENT ZONING: ,t/("liY' "7...5 /.3V5- a?.I $/7e REQUESTED ZONING:' PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: SETBACK REQUEST: REASONS FOR REQUEST: $pec rR'¿" 0Æ: h-~/r 4:, ~$;rd.c:.K.r 5~ Þ/9C-/¿/r,/ /A./ /-/?UY 7~ 4t..1'$/~5a-s;rÆ-/er ¡f-¡,J.o / JJtYv~ -/-0 5<e.c-r S-z. Z-z 5~. 7 (c) AREA REQUIRED BY REQUESTED BY VARIANCE . ORDINANCE ORDINANCE REQUESTED Front Yard Side Yard Rear Yard I Open Yard Parking Accessory Bldg Size I Lot Coverage I FINDINGS OF FACT:_, S(:'e~ L t)Sb pea..",",~ -- V 0-----. \. o---~ SPECIAL CONDITIONS: . ,\ I I , \ I I . 1\'$ 't. '" " I .\\ ¡:\ , \\ , ¡ I j' 1": . ~. . \\ . " : j \ \ \ \; . \ '. \; , ." . " r· . . .. 'I~ i u.-i', ,. :....... ¡1M ,,4, \ '.,Il..: 1~ ~1 '\~ È1~ ~()~ ~;,~ .~~ '8~ .~~ ~,~ r" . ..rSeJ A~: ~r¡1 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 20.229.4301 FAX architecture . engineering . environmental , transportation . July 16,2001 RE: St. Joseph, Minnesota 2001 Indian Hills Plat SERNo. A-STJOE 0106.00 14 Honorable Mayor and City Council c/o Ms. Judy Weyrens City Administrator City of Saint Joseph 25 College A venue North P.O. Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members of the Council: I reviewed the preliminary plat for Indian Hills Park and have the following comments: Preliminary Plat l. Additional easements should be shown to accommodate the holding ponds and the sanitary ·2. sewer that crosses Lot 2, Block 2. Zoning districts should be shown per Section 54.6 subd. 3g(7). 3. A vicinity map should be provided per subd. Section 54.6 subd. 3h(4). 4. County mapping shows a wetland in the northeast comer of the plat. This wetland must be shown on the preliminary plat, per Section 54.6 subd. 3i, and must be delineated on the final plat.. 5. If a future street is to be constructed into Block 2, the street grade and typical section should be provided per Section 54.6 subd. 3h(1) and subd.3h(2). Grading and Drainage 6. No grading plan was provided. The Developers have stated they intend to sell lots as is without doing any preliminary grading. While I do not recommend this, the City followed the same procedure with the Business Park. The down side of nof grading the entire site, is thât each buyer is on his own with regard to removing excess material or bringing in fill. If the Developers insist it is not economical to grade the entire site when the utility improvements go in, I recommend the following as a minimum: a. A grading plan for the entire site should be submitted· and approved. This plan must show how the entire site is to be graded and drained. Each lot must be able to stand on its own. b. The three holding ponds should be constructed with the initial utility installation. c. Contours for the pond on Lot 2, Block -2 contemplate cutting into the old railroad bed . embankment. The existing embankment slope can be made flatter, but not steeper. The Developer will need approval from the owner of the railroad right-of-way to store storm water on that property. Short Elliott Hendrickson Inc. . Your Trusted Resource . Equal Opportunity Employer Honorable Mayor and City Council July 16, 200 I Page 2 · 7. The holding ponds must be designed in accordance with Section 54.7 subd 3i(9). The rate and volume of discharge from the northeast pond should not exceed existing conditions. 8. No building slab should be lower in elevation than 1085.0. Fill will be required in Block 2. Streets 9. During the public hearing process for Northland Plat Five, there was discussion regarding construction of a road across what will be Lot 1 of Block 2 in Indian Hills Park. The issue was providing an alternate route for traffic currently using Gumtree Street. This should be resolved prior to approval of the preliminary plat. Sanitary Sewer 10. Sanitary sewer is acceptable as shown. A permit will be needed to install the sewer and water on the old Tailroad right-of-way. Water Main II. The water main on Northland Drive should be 10-inch pipe, and should be extended south to the south line of the plat. This line will be connected to a future 16-inch trunk water main to be installed at a later date by the City. 12. Add a second hydrant on Northland Drive. Developer Agreement · 13. A Developer Agreement will be required in accordance with Section 8 subd. 9. This concludes my remarks. Sincerely, SHORT ELLIOTT HENDRICKSON INe. ~e~ City Engineer djg c: Dorian Davidson, Box 797, St. Joseph, MN John Meyer, Box 797, St. Joseph, MN w:\stjoe\OlO6\cort\071601-cily-ldoc · ..rsæ ,(J~: ~1!hAc- ~ 1200 25th Avenue South, P.O. Box 1717, SI. Cloud, MN 56302-1717 320.2 9.4300 20.229.4301 FAX architecture , engineering . environmental , transportation . July 16, 2001 RE: St. Joseph, Minnesota 2001 Indian Hills Plat SEH No. A-STJOE 0106.00 14 Honorable Mayor and City Council c/o Ms. Judy Weyrens City Administrator City of Saint Joseph 25 College Avenue North P.O. Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members of the Council: I reviewed the preliminary plat for Indian Hills Park ànd have the following comments: Preliminary Plat 1. Additional easements should be shown to accommodate the holding ponds and the sanitary . sewer that crosses Lot 2, Block 2. 2. Zoning districts should be shown per Section 54.6 subd. 3g(7). 3. A vicinity map should be provided per subd. Section 54.6 subd. 3h(4). 4. County mapping shows a wetland in the northeast comer of the plat. This wetland must be shown on the preliminary plat, per Section 54.6 subd. 3i, and must be delineated on the final plat.' 5. If a future street is to be constructed into Block 2, the street grade and typical section should be provided per Section 54.6 subd. 3h(1) and subd.3h(2). Grading and Drainage 6. No grading plan was provided. The Developers have stated they intend to sell lots as is without doing any preliminary grading. While I do not recommend this, the City followed the same procedure with the Business Park. The down side of not grading the entire site, is that each buyer is on his own with regard to removing excessdmaterial or bringing in fill. If the Developers insist it is not economical to grade the entire site when the utility improvements go in, I recommend the following as a minimum: a. A grading plan for the entire site should be submitted and approved. This plan must show how the entire site is to be graded and drained. Each lot must be able to stand on its own. b. The three holding ponds should be constructed with the initial utility installation. c. Contours for the pond on Lot 2, Block -2 contemplate cutting into the old railroad bed embankment. The existing embankment slope can be made flatter, but not steeper, . The Developer will need approval from the owner of the railroad right-of-way to store storm water on that property. Short Elliott Hendrickson Inc. . Your Trusted Resource . Equal Opportunity Employer Honorable Mayor and City Council July 16,2001 Page 2 · 7. The holding ponds must be designed in accordance with Section 54.7 subd 3i(9). The rate and volume of discharge from the northeast pond should not exceed existing conditions. 8. No building slab should be lower in elevation than 1085.0. Fill will be required in Block 2. Streets 9. During the public hearing process for Northland Plat Five, there was discussion regarding construction of a road across what will be Lot I of Block 2 in Indian Hills Park. The issue was providing an alternate route for traffic currently using Gumtree Street. This should be resolved prior to approval of the preliminary plat. Sanitary Sewer. 10. Sanitary sewer is acceptable as shown. A permit will be needed to install the sewer and water on the old Tailroad right-of-way. Water Main 11. The water main on Northland Drive should be 10-inch pipe, and should be extended south to the south line of the plat. This line will be connected to a future 16-inch trunk water main to be instal1ed at a later date by the City. 12. Add a second hydrant on Northland Drive. Developer Agreement · 13. A Developer Agreement will be required in accordance with Section 8 subd. 9. This concludes my remarks. Sincerely, SHORT ELLIOTI HENDRICKSON INe. ~e~ City Engineer djg c: Dorian Davidson, Box 797, St. Joseph, MN John Meyer, Box 797, St. Joseph, MN W:\sljoe\O 1 O6V::orrVYJ 160 l-city. Ldoc · '._ ~_ n __ _ _ .. _ _ _" "__ _ __ __ _~__ ___ > "~. .- ,"." TIM BORRESCH . . .. dO ~ 12 3RD AVE NW · ST JOSEPH MN ::;. H 363-4769 W 363-4435 132' p- - - - --------------------. I I I I '. t-· I Garage -. I I 24 x 84 I I or I I 48 x 84 I I 88' I 118' I I I I . I ~- - - - --------------------. , 198' 66' · 22' HOUSE Total Footage 22 x 66 66' 1452sq 18,546 sq ft 20' 34' 110' .. þ "- ! 32' 66' ~ · . Unofficial Minutes - Planning Commission Pursuant to due call and notice thereot: the P1anning Commission met in regular session on Monday, July 2, 2001 at 7:00 p.m. in the St Joseph City Hall. Members Present: Commissioners Jim Graeve, Gary Utsch, Marge Lesnick, Kmi Schneider, Mike Deutz and AI Rassier, Members Absent: S. Kathleen Kalinowski Others Present: Roger Tamm, Dorian Davidson, John Meyer, Pete Rothfork, Randy Torberg, Lonnie Abbot, Joann Schneider, Joe Hienen, Randy Schmitz, Approval of A9:enda: Deutz moved to approve the agenda; SeeoDded by Graeve. The motion passed unanimously by those present. Tamm Phot02rapbv - Variance Public HeariB2: Carlson introduced the variance request as presented by Tamm Photography. The project consists of constructing an addition to the existing building located on Cedar Street, The new structure will be 30' x 30' in the rear of the existing building. The project is located in the Highway #75 Business District and must meet the fullowing requirement under Section 52.22 Subdivision 7 (c): Acceptable building materials shall include brick, stone, tip.up concrete panel, decorative concrete block or glass. Wood siding. plastic and other combustible materials not listed as acceptable shall not be used for building exteriors. Architecturally approved steel is acceptable provided that at least 50010 of the building (excluding windows and doors) consists of brick, stone tip-up concrete panel, decorative concrete block . and/or glass. Any buildings undergoing renovation, repair or an addition, so as to require the issuance of a building permit, shall be brought into conformance with this subsection at the time the repairs. renovations or addition are complete. Carlson stated that Roger Tarnm is present and requesting a variance to Section 52.22 Subdivision 7( c), Tamm introduced himself and his business to the Planning Commission, Tamm stated his intent to establish a photography studio in the old Vombrock Clinic. He stated that he doesn't intend to place brick on the existing or new fàcility to meet the requirements of the Ordinance. He intends to match the color and material of the existing building. Tamm stated that the garage will be removed and the parking requirements· are met. Rassier questioned the company's plans for additional landscaping on Highway #75, Tamm stated that the wheel chair nu.np will be eliminated and landscaping will be place in the same location. Also, additional landscaping will be done throughout the lot to be used for photo shoots. Lesnick stated that since the P1anning Commission bas required other businesses owners. such as Mr. Deutz and Mr. Borrech to conform with the Ordinance, the Planning Commission should not be granting a variance for this project. Carlson and Rassier corrected Lesnick by stated that Mr. Borresch was granted a variance to the same Ordinance. Mr, Borresch did not complete the project as presented and did not complete an addition to the existing building. Mr, Borresch did not add brick to his facility. Schneider suggested that Mr, Tamm use landscaping and building materials that will meet the requirements of the Ordinance, Schneider further added that JTI~king the new building consistent with the existing building can be done without use the same materials. Deutz requested input ftom Carlson regarding the parking needed for the facility, Carlson stated the business falls into the category of Retail-Service Establishment and the parking requirements have been met. . Graeve requested Carlson provide an explanation to the Planning Commission afhis recommendation to approve the variance request, Carlson stated that the recommendation to approve was based on the fact thenew building in the June 4. 200 1 Minutes rear of the lot, limited visibility from Highway 75, the existing building is very good shape, and he meets all the · standards of the variance specific to his request. Rassier made a motion to reçommend the City Couacil deRy a variance to allow the tonstruction of an addition to 8 building witbiD the Highway 75 Business District without meeting tbe exterior building material requiremeats as stated iB Section 52.22 Subdivision 7 (t) or the St. Joseph Code of Ordinances. The motiOD was 8etonded by Graeve. Discussion: Rossier proposed that Tamm present a proposal to plaçe brick on thE south and east side ofthefacUity to meet thE 50% requiremerú. Gary added that the west side should be covered as well. The motion to r.ecommend denial oftbe Variance was passed UDanimously by those present. Resolution 01 Finding The request of Roger Tamm, Tamm Photography, for a variance came before the Planning Commission at a public hearing held on July 2, 200 1. The purpose of the hearing was to consider the issuance of a variance for to construct an addition to an existing building within the Highway 75 Business District without meeting the exterioc building material requirements. Section 52.22 Subdivision 7 (c) states that acceptable building materials shall include brick, stone, tip-up concrete panel, decorative concrete block or glass. Wood siding, plastic and other combustible materials not listed as acceptable shall not be used for building exteriors. Architecturally approv~ steel is acceptable provided that at least SO% of the building (excluding windows and doors) consists of brick, stone tip-up concrete panel, decorative · concrete block and/or glass. Any buildings undergoing renovation, repair or an addition, so as to require the issuance of a building pamit, shall be brought into conformance with this subsection at the time the repairs, renovations or addition are complete. The request has been submitted by Roger TamIll, Tamm Photography, P.O. Box 241, Avon, MN 56310. 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 ofSt. Joseph, the Planning Commissioo makes the following findings: The proposed variance is not consistent with the standards for a Varianœ stated in Sl Joseph Code of Ordinances 52.8 Subd. (a· e). Therefore, based on the findings above, the Planning Commission makes the following recommendation: Denial of a variance to allow the construction of ID addition to a building within the Hipway 75 Business Distrkt without meeting the exterior building naterial reqDirements as stated in Section 52.22 Subdivision 7 (c) of the St. Joseph Code ofOrdinanees. Chair Utsch closed the hearing at 7:35 p.rn. DM PartnersbiD PrelimiDan' Plat: Carlson introduced the OM Partnership Preliminary Plat for Indian Hills Park. The Plat consists of four lots. The Planning Commission has two issues to resolve at this public hearing: 1) make a recommendation to deny or approve the Preliminary Plat and · 2) make a recommendation to rezooe Lots 1 and 2 of Block 2. Brown Herkenhoffpresented the plat on behalf the developers. June 4, 2001 Minutes · Deutz stated that he is ready to approve the plat as presented. However, there is a transportation issue that needs to be discussed. After discussion of the transportation issue, he would make a motion to approve the plat Utsch sb!ted that before a motion is made he would like to have more discussion at the Planning Commission level and have input ftom the public. Schneider questioo.ed that if the plat was approved. doesn't it eliminate the Planning Commission ftom controlling the development and road construction in the proposed plat. Rassier stated that as the property develops, the Planning Commission must approve a site plan, The preliminary plat is the first step in the development process. Schneider cautioned the Planning Commission on approving a plat without requesting additional transportation requirements, It is very difficult to change a plat once it is approved. The current plat must include a road for additional access to the Northland Development Sdmeider gave a history of past discussions of the Planning Commission and City Council Deutz stated that the proposed plat meets all the zoning requirements. The property has access onto Northland Drive and doesn't need a road through the property for access Schneider stated that the plat needs to include a road easement that is adjacent to the Rothfork Property for a future road corridor. The City Council made promises to look into the access issue, Rassier suggested that the plat approval include a provision of creating an easement ( ß the plat and through the Rothfork property to ensure an access to the Northland Addition. Carlson stated that the Planning Coomtission cannot approve easements on property that are not part of the preliminary plat in question. There are two different owners involved. · Utsch stated that the City Engineer designed options to create a road corridor, Some of the options did not work do to the grade. One option was feasible and did relieve the traffic in the housing addition, The Planning Commission and City Counçjl promised to analyze the situation and take some action. Deutz questioned if a aUey way existed north of the railroad tracks along the Rothfork property, Carlson stated that there isn't a recorded easement and this area only serves as a snowmobile trail Lesnick stated that the cul..<te-sac area was supposed to be a park for Northland Addition. The Planning Commission never approved a cul-de-sac in this area. Carlson presented information ftom Joe Bettendort City Engineer and Ted Schmid, Developer. stating their concerns regarding the development of a road corridor connecting to 4th Avenue, Carlson added figures ftom. the APO that suggest a new road corridcc will not relieve the perceived traffic problem that exists on Gumtree Street. Schneider stated that the Northland Development will continue grow and the need for additional access will be needed. The entire Northland Developmentuses Gmntree Streetto access the development The Planning Commission needs to consider connecting the development CR#2 and other road to the north and west for future development. Deutz suggested that the preliminary plat should be a separate issue from the transportation discussion that is occurring. Deutz suggested that the Planning Commission consider extending 41b A venue south to Cedar Street, . The Planning Commissiœ needs to work with Rothfork. Joann Schneider addressed the Planning Commission and stated her concerns: 1) Preliminary Plats for N<I1hland Development have changed ftom year to year and the development · doesn't look like the original design, Thus, access where eliminated and new ones were not added. 2) She disagreed with the APO numbers and stated that 86 households use Gumtree Street. !fa new road would eliminate 50% of the traffic,. it would be worth the effort. June 4, 2001 Minutes 3) She referenced City Council minutes that recommended the Planning Commission pursue the road . issue at greater length and the City Engineer admitted that a road corridor could be completed with the steep grade and recommended one design Lonnie Abbott stated he agrees with the comments made by Joann Schneidel- and added that the Planning Commission needs to pursue options as presented by the City Engineer. Abbott added that extending 4th Avenue south to Cedar Street would impact existing businesses in the area. Pete Rothfork stated that he is not sure why he is part of the discussion. The Planning Commission is reviewing a preliminary plat presented by DM Partnership and his project is adjacent to the development He requested that the Planning Commissiœ not confuse his property with the issue at hand. Utsch stated that transportation issues must be considered with any new development The Planning Commission is discussing transportation issues that may or may not involve your property. John Meyer. DM Partnership, stated that the Planning Commission is required to review the preliminary plat and not traffic concerns of the Northland Addition. The property west of Northland Drive does not require additions! access. Northland Drive provides access to the property. Carlson presented that Preliminary Plat 3 for Northland Additioo. The preliminary plat was approved and contained the Rothfork cul·de-sac. The preliminary plat was approved in 1994 by the Planning Commission and City Council. The owner of the property would have to agree to change the design if the road would go through the property. Sclmeider suggested creating an easement on the Indian Hills Plat that would align with the cul-de-sac. The transportation issue would be solved. He agreed that the owner would have to change the plat and may require legal action. Gary Schleicher asked if the Planning Commission or the City Council has done anything since the City Council . recommended City should research a road corridor. The Planning Commission came to CQIlseflSUS that nothing has been done. Schleicher further added that approving the plat as is would cause additional traffic problems in the neighborhood. The City have made promises that were kept or the process takes to long. Lonnie Abbott stated that the new development with the cul-de--sac would require the developer to contribute land or money. The City Council could negotiate a road easement instead. Sclmeider asked Rothfork ifhe was willing to give up property for a road easement through his property. Rothfork stated that as the present time. he unwilling to negotiate a road easement The preliminary plat was approved in 1994 and has not idea why has been part of the discussion. Rassier stated that the development must have a road easement on the plat to access Lot 1 and 2 of Block 2. The City has a policy that eliminates all driveways onto Northland Drive. Carlson clarified that the policy Rassier is referencing only impacts the Northland Additioo housing development and residential lots. With discussion ending, Utsch called the question. Deatz made 8 motion to recommend the City CoueU approve the PrelimlDary Plat of Indin HiUs Park as presented with the addition of 66 foot access easement IIKI cul-dwac adjacent to Lot 1 and 2 of Block 1. The motiOD WIll secouded by Rassier. Tbe motiOll approved with the foUowiAg vote: Ayes: Graeve, lùssier, Utsch. Lesnkk, Deutz, and KaIbtowski Nays: &hneider MotioD Passed DM PartnerskiD - Rrzonin2 of Let 1 aad Lot Z. Block 1: . June 4, 2001 Minutes . Davidson opened his remarks by eliminating Lot 2 of Block 1 1Ì'om the rezoning request. Davidson stated that DM Partnership only wishes only to rezone Lot 1 for the future development of multi-family development. Davidson stated that a multi-family de~lopment would fit well in the area and provide a nice transition trom single family residential to Highway 75 conunercial Graeve requested that Davidson expand on the use of the property, development layout and potential buyers. Davidson stated that they are too early into the process to answer those questions accurately. DM Partnership will make the Planning Commission aware of the development as it is designed. When a site plan is developed. they will present it the Planning Commission. Pete Rothrork address the Planning Commission and spoke in favor of rezoning the project to R-3 Multi-Family as it is a better fit then Highway 75 Business. Deutz requested the Planning Comtnission recall a joint meeting with the Planning Commission and City Council, This area was discussed as another area the City could have a mixed use development that includes R-3. Rassier moved to recommend the Oty Couneil approve the rezoDing of Lot 1, Block 1 of the Indian HiHs Park to R-3 Multi-Family from Highway #7S Business Distriet. The motion was seconded by Graeve. The motion was passed unaBimously by those p~nt. Pete Rothfork stated that he would be willing to meet with the City Council and Planning Commission regarding this issue. Rothfork again stated that at this time he would not support a road corridor through his property. Scenic Soecialties - Zcmine: Recommendation: Carlson introduced the project to the Planning Commission. Scenic Specialties has a purchase agreement signed for the Dorene Rennie property, consisting of 14 acres and located on Hwy 133. The City is proposing to annex the property to the City and the Planning Commission needs to recommend zoning district for the entire 14 acres. Once . the property is brought into the City, the owner will plat the property for his business. Staff is recommending Highway 75 Business District for this parcel. The Planning Commission discussed the future plans of the property with Mr, Randy Schmitz. Schmitz stated that the project will be used for his landscaping business and he plans to plat the 14 acres once it is annexed to the City. Schneider made a motion to recommend the city CotIIæß zone the 14 3(re5 to- be annexed by the City and owned by Scenie Spe£ialties as Highway W15 BusiDess. The motion was seconded by Rassier. Discussion: Deutz questioned if this property will be subject to future assessments and hookup fees. Car/son stated that he has informed that owner of the hook-up fees, trunk Se1re1' charges and pending assessments as the City develops to the north The motion passed unanimously by those present. Commiuioner Announ(ements: Utsch announced ajoint Planning Commission and City Council meeting has been scheduled for July 16, 2001at 7:00pm in the Fire Hall. The meeting ÍS-a public hearing on the proposed zoning changes in thewmmWlÎty, Minutes: Deutz made a motion to approve the minutes of June 4, 2001 as presented. The motion was seconded by Lesnick. . Discussion: Lesnick stated that she questioned Carlson regarding the development of the industrial park. Carlson stated that he will review the Planning Commission tape to confirm the comment made by Lesnick. Juoe4, 2001 Minutes The motion passed unanimously by those present. . Adjourn The Planning Commission meeting adjourned by consensus at 9:25p.m. Chad A. Carlson Secretary . . June 4, 2001 Minntcs 0' J . The City of S1.. Joseph Planning Committee August 1, 2001 and City Council 25 North College Ave. S1.. Joseph, MN 56374 Re: Rezoning ofresidentÎal property to commercial business property along Highway 75. Dear Planning Committee and City Council, I wish that I could stand before you to relay the problems that I have been struggling against. It concerns me trying to sell my home and the proposed rezoning. Perhaps after reading what I have been going through you will reconsider that of which is proposed and rewrite a proposal that will benefit the residents involved. It is guaranteed that the other residents involved wi11 have the same difficulties that I am experiencing when they decide to sell there homes if the current proposal goes through. The closing date for my home was suppose to be July 31 st. On July 26th, my Realtor called and said that FHA would not allow the loan to go through. FHA recently added a guideline stating that they will not fund loans with properties that are zoned commerciaL Our thought was, why is FHA deeming my property commercial when in fact it is as of today R 1 . residential? Well, the underwriter for some odd reason wrote that my property was commercial. My Realtor called the city offices to find out the zoning and was told that it is in fact Rl residential, but the zoning is undergoing a proposal to change. We submitted an appeal to FHA stating that the property is Rl residential and reluctantly had to state the fact that it is undergoing a proposal to change. FHA again would not allow the loan to go through. Their reason for denial, If the house burned do~ what are the chances that it could be rebuilt as residential again? Evidentially, they believe that it would not be able to be residential again and feel that they would lose money, The buyer's loan officer will run it through Minnesota Housing Fund which will go through Fannie Mae, This is still pending. We have no clue as to how it will turn out We have heard that FHA and Minnesota Housing Fund have basicaUy the same guidelines. We are hoping to have a letter trom the city clerk sent explaining that this rezoning is only a proposal and it has not been decided upon as of yet. Can you start to see what this proposed zoning is doing to the margin of potential buyers for our properties? My home is a modest two bedroom plus, and the homes around me are basically about the same. The market of buyers for our type of homes are about 70% first home owners. These first home owners can usually only go through FHA or Minnesota Housing Food for funding. (Remember FHA will not fund loans if the zoning goes through as such). Thus, leaving us with 30% of the market that can be funded through conventional loaning! . Out of this 30%, you may have 20% looking at it as residential and 10% commercial. But, the 10% of commercial buyers soon dwindles down because your house is between two ' other residential properties and the others are not ready to sell. Or, perhaps even though you . could sell your house residentially at $80,000, the commercial buyer is looking at offering $60,000 because they'll have to dump the house. (I have had offers from commercial buyers at significant decrease of asking price.) The 20% of residential buyers dwindles down because, let's face it if you can afford a conventional loan, you can probably afford a nicer home! With this current proposal, we, the residents involved could loose about 70% if not more of our buyers. This proposal could possibly force us to sell commercially at a depreciated value than what our homes are worth just because seHing to businesses could be the only market we have. This proposal could possibly prevent us from selling our home when we choose to sell. Sellers could have there homes on the market for five years before a serious buyer who can get funding comes along. I strongly hope that my predicament has shed some light as to what can happen to the residents involved with the current proposed zoning. Perhaps, it was fate that cause the underwriter to state my property as commercial in order for us to see what will and could happen before this proposal actually went through. I ask you to take another look at the proposal and modify it as such to benefit the residents involved. Thank you for reading this letter and considering what \viII and could happen. ~ . ~cu-~ TheresaÝ Green . - 30 E. Birch S1. St.. Joseph, MN 56374 363-0435 .