HomeMy WebLinkAbout2003 [11] Nov 10
· www.cityofstjoseph.com ity of St. Joseph
st. Joseph Planning Commission
25 College Avenue North November 10, 2003
PO Box 668 7:00 PM
St. Joseph. MN 56374
(320) 363-7201
Fax: (320) 363-0342 1. 7:00 PM - Call to Order
ADMINISTRATOR 2. Approve Agenda
Judy Weyrens
3. 7:05 PM -Public Hearing - Lange Excavating, 19th Ave SE
MAYOR Fifteen foot Variance, Side Yard
Larry J. Hosch S1. Joseph Code of Ordinances 52.33 subd 6 (a)
COUNCILORS 4. 7:20 PM -Public Hearing-Joseph Hoffman, 104 1st Ave NW
Alan Rassier Two foot Variance, Rear and Side Yard
Ross Rieke Eight foot Variance, Maximum Lot Coverage
Gary Utsch S1. Joseph Code of Ordinances 52.12 subd 12 (1) [a] & subd 9
Dale Wick
5. 7:30 PM -Site Plan Review - MN Assoc. Farm of Mutual Ins. Co.
Lot 1, Block 2, Indian Hills Park Plat
· 6. 7:45 PM -Brandon Kappes, 32 - 1st Ave. SE
Owner occupied rental in R1 Zoning District
7. Other Matters
8. Adjourn
·
File
· I Attachment: 9 or No I
REQUEST FOR PLANNING COMMISSION ACTION
Variance Request - Lange Excavating
DATE: November 10, 2003
AGENDA ITEM
Public Hearing - Lange Excavating Side Yard setback variance request
PREVIOUS ACTION
Lange Excavating submitted a site plan at the October Planning Commission. In reviewing the plan it
was determined that the side yard setback was not met as the Ordinance was changed in March 2003.
During the Planning Commission meeting it was discussed that the new sideyard requirement is not
conducive to Industrial Development on I 9th Avenue. The lots along 19th Avenue NE are deep with
smaller frontages. As the Industrial Lots platted under the current Ordinance are larger the sideyard
setback of twenty five feet does not create development constraints. It was the consensus of the Planning
Commission in October that changing the Ordinance for the existing Industrial Park could be interpreted
as creating a hardship for the property owner, which is then eligible for variance.
·
RECOMMENDED PLANNING COMMISSION ACTION
Recommend the City Council approve the fifteen foot variance and authorize the Mayor and
Administrator to execute a development agreement to allow for the construction of the new Industrial
Facility for Lange Excavating.
COMMENTS/RECOMMENDATIONS
As stated under previous action, when the City changed the sideyard setback for Industrial property the
effects on the existing plats were not yonsidered. A variance can be granted when a hardship is present
that has not been created by the petitioner. Therefore, I have prepared the findings to recommend
approval stating that the City created the hardship by increasing the setback in a plat that was adopted
prior to the Ordinance Amendment.
The revised site plan does not utilize the adjoining property as stated at the last meeting. Therefore the use of the
other property is not part of the request before the Planning Commission at this time.
Please note that included in your material for each variance is the criteria for granting a variance and place for you to
make notations or comments for the meeting.
·
. www.cityofstjoseph.com ity of St. Joseph
CITY OF ST. JOSEPH
25 College Avenue North PUBLIC HEARING
PO Box 668
St. Joseph, MN 56374
(320) 363-720 I The Planning Commission for the City of St. Joseph shall conduct a public hearing on
Fax: (320) 363-0342 Monday, November 10, 2003 at 7:00 PM. in the St. Joseph City Hall, 25 College Avenue
North. The purpose of the hearing is to consider a fifteen foot variance on the side yard
ADMINISTRATOR setback to allow the construction of an Industrial Facility.
Judy Weyrens
St. Joseph Code of Ordinances 52.33 subd 6 Side Yard (a): Side yard setback shall be at
MAYOR least twenty-five (25) feet from the lot line.
Larry J. Hosch
The property is legally described as follows: Lot 6 Block 1, Rennie Addition.
COUNCILORS
Alan Rassier The request for variance has been submitted by Gene Lange, 48 North 3rd Street; Waite
Ross Rieke Park MN 56387
Gary UIsch
Dale Wick
Judy Weyrens
Administrator
. Note: State Law requires mailed notice to all property owners within 350 feet of a
variance, special use, interim use or rezoning request.
.
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\ð APPLICATION FOR VARIANCE
/ CITY OF ST. JOSEPH
./
25 College Avenue NW Fee $ JSO~
Paid
~ P. O. Box 668 Receipt #
~ 51. Joseph, MN 56374 Date
~
(320)363-7201 or Fax (320)363-0342
STATE OF MINNESOTA)
)ss
COUNTY OF STEARNS)
IflNe, the undersigned, as owners of the property described below, hereby appeal to the City Council and Planning Commission of the City of St. Joseph,
Stearns County, Minnesota to grant a variance from the St. Joseph City Code; (applicants have the responsibility of checking all applicable ordinances
pertaining to their application and complying with all ordinance requirements):
PROPERTY OWNER NAME(S): c;ef/(; LAN6~
PROPERTY OWNER PHONE NUMBER(S): Z.S '- - '7 S- 2. "2.-
ADDRESS:
ZONING DISTRICT: .TV) du.'S.+.,:\ (J.., l
LEGAL DESCRIPTION: L,o'î (0 ~t..oU'- OH~ 12 l!:NN,e-Ab ~/TlòN
PROPERTY OWNER(S)' SIGNATURE(S):
. The request(s) which we desire for our property islare in conflict with the fOllowing section(s) of the St. Joseph City Code:
Section 5Z.·~ 3 . <- Section Section
S 11~t: VA~'b Se-I 6A¿\C. O~ t Co~t: Js 20'.
Proposed non-conformance(s): ID .
Do any 0 the special conditions and circumstances result from your own actions (if the answer is yes, you may not qualify for a variance)?
g
What facts and considerations demonstrate that the literal interpretation of the zoning code would deprive you of rights commonly enjoyed by
other properties in the same district under the terms of the zoning code (attach additional pages as needed)?
State your reasons for believing that a variance will not confer on you any special privilege that is denied by the zoning code to other lands,
structures or buildings in the same district:
.
.
State your reasons for believing that a strict enforcement of the provisions of the zoning code would cause undue hardship. Undue hardship
means that the property in question cannot be put to a reasonable use if used under the conditions allowed by the zoning ordinance. Economic
considerations alone shall not onstitute an undue hardship under the terms of this code as referenced in state statutes:
IF'" --n 11 Lo' r ~ I L."'" '1 ¡.. 'r~D
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We-IL~ OJ:;- /..//"T~r!DvJ '"b1~U~^,_ (N f(;'bAI.('s' ~V\~'þf...J(' "þ~/C:Þt../
~~\"'-T:;:.iIrArc¡~~(.l.o,:::!-~t>~ ANt) Jì I~ V~'f HH-rtC 1ð p,~ 1
Attached to this application and made a part thereof are other material submission data requirements, as indicated.
Applicant Signature: 9·~ ~Î~ Date: /O-/~-Ø5
I
Owner Signature: ~\'V\\,\.; "'\ ~ ..... '''''''-rVL Date: I 0 - { ,,- -ò~
FOR OFFICE USE ONLY
DATE APPLICATION SUBMITTED:
DATE APPLICATION COrv1PLETE:
Planning Commission Action: _ Recommend Approval _ Recommend Disapproval Date of Action: .
Date ApplicanUProperty Owner notified of Planning Commission Action:
City Council Action: _ Approved _ Disapproved Date of Action:
Date ApplicanUProperty Owner notified of City Council Action:
.
-
· APPLICATION FOR PLANNING CONSIDERATION
CITY OF ST. JOSEPH
25 College Avenue NW
P. O. Box 668
St. Joseph, MN 56374
(320)363-7201 or Fax (320)363-0342
STATE OF MINNESOTA
ss
COUNTY OF STEARNS
NAME: LAN(Plf .~ SófJS e ¡cCAVA-T I J'tG PHONE:
2.s 2.- .t:¡~ 2- 2.-
ADDRESS: ~t2Þçr. ;/ )~fr IT<;- f1t(è.k: /II/.{
1'([
l!We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of SI. Joseph, Stearns
County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all
ordinance requirements):
1.Application is hereby made for: (Applicant must check any/all appropriate items)
_ Rezoning _ Zoning Ordinance Amendment _ Home Occupation Permit
· _ Surface Water Management Plan (Grading Permit) - PUD _ Building Mover's
Permit
_ Building Moving - Owner's Permit X Development Plan Approval _ Other, please specify:
2.Legal description of land to be affected by application, including acreage or square footage of land involved, and
street address, if any: ~
, Lo-r c.. ~L.ÐC.IC. \. (2é"NN Ie- 4hDITN,..J ~ Cø '\ l ~ S r=
L.òCA-~ e't.). Ox r.-Ö'5f£Pt...f S7¡!(nrr
-
3. Present zoning of the above described property is:
LI(.,~ I ~ t:>o~TR 114 ~
4. Name, address and phone number of the present owner of the above described land:
~ t!;" ^' G' l.4u '!t£"
00 ~ $-7. . \"¡At~ fh.el&- ¡V}µ ZS2. - <-(7 z.(p
-
5. Persons, firms, corporations or other than applicant and present owner who mayor will be interested in the above
described land or proposed improvements within one year after issuance of permit applied for, if granted, are:
- ß-A
-
· 6.Attached to this application and made a part thereof are additional material submission data requirements,
as indicated.
Applicant Slgnatur~~JL ~~-4'~ Date: .
Owner Signature: ¿;7 Date:
.
.
.
þdl. \/ 'JUSS '\! 1? ~d I ~ 'if V\J -_:.J 8 B ~ >10018 9 ..LOl ''"II z
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made a motion to reconnnend the Council approveldeny a fifteen foot variance of Lange
Excavating based on the following findings:
- RESOLUTION OF FINDING
The request of Lange Excavating for a fifteen (15) foot variance on the side yard setback came befòre the Planning
Commission at a Public Hearing held on Nòvember 10,2003. The purpose of the hearing was to consider a
variance to allow additional for the construction of an Industrial Facility .
The property is legally described as follows:
Lot 6 Block I Rennie Addition
St. Joseph Code of Ordinances No. 52.33 Subd 6 Sidevard (a) states side yard shall be at least twenty-five feet from
the lot line.
In consideration of the infonnation presented to the Planning Commission and its application to the Comprehensive
Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings:
St. Joseph Code of Ordinances 52.07 subd 2 (a) r1l states: "That there are exceptional or extraordinary
circumstances or conditions applying to the property in question as to the intended use of the property that
do not apply generally to other properties in the same zoning district. The exceptional or extraordinary
circumstances must not be the result of actions taken by the petitioner.
FINDING: The property was platted under Ordinances that only required a ten foot
sideyard setback. Therefore the lots are narrow and deep.
S1. Joseph Code of Ordinances 52.07 subd. 2 (a) r2l: "states that the literal interpretation of the provisions
of this Ordinance would deprive the petitioner of rights commonly enj oyed by other properties in the same
. district under the terms of this Ordinance".
FINDING: The Industrial Park in which this propertylvariance request is located is nearing
completion and all the existing buildings in the park are built with a ten foot sideyarß
setback.
St. Joseph Code of Ordinances 52.07 subd. 2 (a) [5]: "states that the condition or situation of a specific
piece of property, or the intended use of said property, for which the variance was sought, is not of so
general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for
such conditions or a situation".
FINDING: The majority of the Industrial Park on 19th Avenue SE is built, therefore there
are only a few lots that would require this exception. The new Industrial Parks are designed
to accommodate the larger setback.
St. Joseph Code of Ordinances 52.07 subd 2 (a) r61: "states that the variance requested is the minimum
variance which would alleviate the hardship on the particular
FINDING:
St. Joseph Code of Ordinances 52.07 subd. 2 (a) r71: "states that the variance would not be materially
detrimental to the purposes of the zoning ordinances or property within the same zoning classification.
FINDING: The 10 foot setback would be consistent with the existing structures and
. adjoining lots.
The motion was seconded by .
Subd. 2: Variances.
a) AdministTation. A variance may be granted to allow a property owner to deviate trom the .
specific development standards applicable to a particular district. A variance shall not be
granted to allow a use that is not otherwise permitted in the district involved. In granting a
variance the Board, or the Council in reviewing the Board's decision, may prescribe appropriate
êonditions in conformity with this Ordinance to protect properties and the health and safety of
persons residing or working in the neighborhood. When such conditions are made part of the
terms under which the variance is granted, violation ofthe conditions is a violation of this
Ordinance. A variance shall not be granted by the Board, or by the Council upon review, unless
they find the following facts:
1. That there are exceptional or extraordinary circumstances or conditions applying to the
property in question as to the intended use of the property that do not apply generally to
other properties in the same zoning district. The exceptional or extraordinary
circumstances must not be the result of actions taken by the petitioner.
Applicable: Yes No
- -
If yes, please indicate finding:
2. That the literal interpretation of the provisions of this Ordinance would deprive the
petitioner of rights commonly enj oyed by other properties in the same district under the
terms of this Ordinance.
Applicable: - Yes - No .
If yes, please indicate finding:
3. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands in the same district.
Applicable: Yes No
- -
If yes, please indicate finding:
4. That the proposed variance will not impair an adequate supply of light and air to
adjacent property, or diminish or impair established property values within the
surrounding area, or in any other respect impair the public health, safety or welfare of
the residents of the City.
Applicable: Yes No
- -
If yes, please indicate finding:
5. That the condition or situation of a specific piece of property, or the intended use of
said property, for which the variance was sought, is not of so general or recurrent a
nature as to make reasonably practicable the formulation of a general regulation for
such conditions or a situation.
Applicable: - Yes - No It
If yes, please indicate finding:
· 6. That the variance requested is the minimum variance which would alleviate the
hardship on the particular property.
Applicable: _ Yes - No
If yes, please indicate finding:
7. That the variance would not be materially detrimental to the purposes of the zoning
ordinances or property within the same zoning classification.
Applicable: _ Yes - No
If yes, please indicate finding:
b) Variance Procedure. Application for a variance or appeal under the provisions ofthis section
shall be made to the City Administrator/Clerk in the form of a written application, called a
Development Review Application. The Development Review Application must be submitted
three weeks prior to a variance request.
1. The City Administrator/Clerk shall review all Development Review Applications and
upon completion of the requirements of the application shall schedule a public hearing.
The City Administrator/Clerk shall have ten (10) days to review the application for
completeness. Notice of such hearing shall be mailed not less than ten (l0) days nor
more than thirty (30) days to property owners within 350 feet of the affected parcel as
· determined by the City Administrator/Clerk. Such notice shall also be published in the
official newspaper within the above time period. Failure of a property owner to receive
said notice shall not invalidate any such proceedings.
2. A variance of this Zoning Ordinance shall be by majority vote of the full Board of
Appeals and Adjustments.
3. If the Board of Appeals and Adjùstments determines that the application be granted, the
Board of Appeals and Adjustments shall make its recommendation to the City Council
within thirty (30) days of such determination. Upon receipt of such report, the City
Council shall either by resolution approve and confirm the decision, whereupon the
permit as applied for may be issued, or shall refuse to approve and confirm the decision.
If the City Council acts on an application granted by the Board of Appeals and
Adjustments, the City Council shall make its order deciding the matter and serve a copy
of such order upon the appellant or the petitioner by mail within ten (l0) days after its
decision.
4. If th~ Board of Appeals and Adjustments denies the application the Board shall make its
order and serve a copy of such order upon the appellant or petitioner by mail within ten
(10) days after its decision. The appellant or petitioner may appeal the decision of the
Board of Appeals and Adjustments to the City Council by filing a written request of
appeal with the City Administrator/Clerk ten (10) days after receipt of the written denial
from the Board of Appeals and Adjustments. The City Council shall review the
decision of the Board of Appeals and Adjustments within thirty (30) days after notice of
said appeal. The City Council shall make its order deciding the matter and serve a copy
· of such order upon the appellant or the petitioner by mail within ten (10) days after its
decision.
Project: Lange Excavating Determination: - COMPLETE - INCOMPLETE
Developer: DM Building
Page 1 of 3
City of St. Joseph ·
Required Material Submission
Development Plan Applications
Completed applications for Development Plans and required fees shall be submitted the City of St. Joseph Zoning Administrator at least 10 days prior to the
proposed date of consideration by the City. The ten days allows the City to review the application and forward the application to other entities for review when
required. Only completed applications will be accepted. It is the applicant's responsibility to submit required materials. If an application is determined to be
incomplete, notification, which indicates which portion of the application is incomplete, will be mailed to the applicant within 10 days following submission of the
application.
REQUIRED MATERIALS - The applicant shall provide the following:
Requirements Complete Comments
1 Is the proposed use a permitted use YES NO
2 Lot Area - Minimum Requirement (1 acre) YES NO Lot area is 61,160 square feet
3 Setback Requirements
a) Front Yard - 30 feet from the lot line YES NO Actual setback is 100 feet
b) Side Yard - 25 feet from the lot line and must be YES NO
landscaped if abuts any roadway.
c) Rear Yard - 20 feet YES NO Setback exceeds 20 feet
4 Height Requirements - Maximum height 55 feet YES NO Height is 25 ·
5 Site Coverage - No structure may cover> 50% YES NO Building area is 7,120 square feet, or approx 30%
Ô Parking Lots - paving stones, concrete, bituminous YES NO Asphalt paving in the front of the building
Industrial areas may have class II if approved by PC
7 Loading Docks - Loading docks must be 10' x 50 YES NO None
8 Exterior Requirements - YES NO
9 Statement of Development - The developmel~t plan
must include a statement concerning the specific nature
of the use to which the property is to be put and include YES NO
certification that the proposed use shall comply with all
regulations, ordinances or special provisions that apply.
10 Landscape Plan YES NO The plan provides for both grass and landscaping
11 Screening of HVAC YES NO Not indicated ·
12 Lighting YES NO Not provided
Project: Lange Excavating Determination: - COMPLETE - INCOMPLETE
Developer: DM Building
Page 2 of 3
. Curb Cut YES NO
14 Landscaping - A unified parking plan must be submitted YES NO Landscaping is provided along 19th Avenue and the side
15 Development Plan
a) Building Location on the lot drawn to size YES NO
b) Building elevations; front, rear; side YES NO
c) Building Exterior material and color YES NO
d) Locations of ingress/egress YES NO
e) Dumpster/solid waste areas screened YES NO
D Sign Location and dimensions YES NO
g) Lighting Standard and hood detail YES NO
h) Parking and loading areas defined YES NO
i) Drainage by the use of arrows and/or contours YES NO
j) Screening of HVAC Equipment YES NO
.; Landscaping material including the location, type, size YES NO
Fire hydrant and fire lane locations YES NO
m) Utility Locations YES NO
n) Fencing/screening/accessory buildings identified YES NO
0) NPDES Permitting requirements fulfilled YES NO Will be submitted with building permit
p) Compliance with state and federal guidelines including, YES NO
but not limited to glare, smoke, dust, odors, and noise.
q) Required fee YES NO
16 Signage - Each individual business is allowed one sign Sign detail not provided
not to exceed 50Square feet and the site is permitted an
additional free standing sign not to exceed 50 square YES NO
feet.
17 Parking - Manufacturinq, fabricatinq or processinq of a 7,120 sqft/500 = 15
product or material. warehouse, storaqe. handlinq or
bulk qoods. post offices. At least eight (8) spaces, plus
one (1) space for each two (2) employees on each shift YES NO
based on maximum planned employment or at a
minimum one (1) space for each five hundred (500)
square feet of floor area.
.
. I Attachment: Yes or No I
REQUEST FOR PLANNING COMMISSION ACTION
Variance Request - Hoffmann
DATE: November 10,2003
AGENDA ITEM
Public Hearing - Joseph Hoffmann, Rear/Side Yard and lot coverage variance.
PREVIOUS ACTION
RECOMMENDED PLANNING COMMISSION ACTION
. COMMENTS/RECOMMENDATIONS
In the past the Planning Commission has denied a variance that required the issuance of a second
variance. In this case before the Planning Commission at this meeting, the variance for the maximum lot
coverage must be issued in order for the Planning Commission to consider the other two variances. In
essence you would be granting a variance for a variance. The property owner could move the garage two
feet to meet the setback requirements, thereby only needing one variance on the lot coverage.
This property is zoned General Business with the use being a non conforming use. Therefore the most
restrictive setbacks are used, which is RI. (This was verified with the City Attorney).
Enclosed is the format for establishing a variance. In reviewing this matter the desire to reconstruct the
garage is reasonable and is a right enjoyed by all RI property owners. So Ibelieve findings could be
made to grant the lot coverage variance, but it appears as though the property owner has the ability to
construct the garage without relief from the rear and side yard setback.
.
. www.cityofstjoseph.com ity of St. Joseph
CITY OF ST. JOSEPH
25 College Avenue North PUBLIC HEARING
PO Box 668
St. Joseph, MN 56374
(320) 363-720 I The Planning Commission for the City of St. Joseph shall conduct a public hearing on
Fax: (320) 363-0342 Monday, November 10, 2003 at 7:20 PM. in the St. Joseph City Hall, 25 College Avenue
North. The purpose of the hearing is to consider the following variances: 1) Two foot
ADMINISTRATOR variance on the rear yard setback; 2) Two foot variance on the side yard setback; 3) Eight
Judy Weyrens foot variance on the maximum lot coverage. The variances are being requested to
reconstruct the accessory building located at 104 - 1st Avenue NW, legally described as:
MAYOR N54' of the S116' of Lot 7 Block 12 Townsite of St. Joseph.
Larry J. Hosch
St. Joseph Code of Ordinances 52.12 Subd. 1 (a) states: In all residential districts
COUNCILORS detàchedaccessory buildings shall be located in the rear yard. When located within ten
Alan Rassier (10) feet of the rear wall of the principal building they shall comply with all yard
Ross Rieke requirements applicable to the principal building in the district. Where accessory buildings
Gary Utsch are to be located more than ten (10) feet from a rear wall of the principal building they shall
Dale Wick not be located closer than five (5) feet from an adjoining side or rear lot line. All accessory
buildings shall setback a minimum of fifty (50) feet from front street right-of-way lines.
Accessory buildings are further limited not to exceed over one (I) story of sixteen (16) feet
in height.
. St. Joseph Code of Ordinances 52.12 Subd. 9 states: No structure shall occupy more than
30% of the lot area.
The request for variance has been submitted by Joe Hoffmann, 104 - 1st Avenue NW, St.
Joseph MN 56374.
Judy Weyrens
Administrator
Note: State Law requires mailed notice to all property owners within 350 feet of a
variance, special use, interir:n use, or rezoning request.
.
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APPLICATION FOR VARIANCE
. CITY OF ST. JOSEPH
Fee $
25 College Avenue NW Paid
P. O. Box 668 Receipt #
Date
St. Joseph, MN 56374
(320)363-7201 or Fax (320)363-0342
STATE OF MINNESOTA)
)ss
COUNTY OF STEARNS)
l!We, the undersigned. as owners of the property described below. hereby appeal to the City Council and Planning Commission of the City of St. Joseph.
Steams County, Minnesota to grant a variance from the St. Joseph City Code; (applicants have the responsibility of checking all applicable ordinances
pertaining to their application and complying with all ordinance requirements):
PROPERTY OWNER NAME(S): JD5e.--P"-' L J-h ¡:.f2"yv-\CAŸ'\ Y\
PROPERTY OWNER PHONE NUMBER(S): ~JD" '3(;3-- <753) (3'
ADDRESS:--l 0 ~ J ,f f AtJ·e- /Ill/()'
ZONING DISTRICT:
LEGAL DESCRIPTION:
PROPERTY OWNER(S)' SIGNATURE(S): ¡;lvv~
. The request(s) which we desire for our property is/are in conflict with the following section(s) of the St. Joseph City Code:
- Section Section Section
Proposed non-conformance( s):
Do any of the special condition~ and circumsta~es result fro.m y~ur own actions (if the answer is y~s'Jou may nO,t qualify for a variance)?
Vo .JAIrI AfJbw 1) dtJ t,.t)' Å&\:tJ ;j ll-uvJr +h-i' (t'/
What facts and considerations demonstrate that the literal interpretation of the zoning code would deprive you of rights commonly enjoyed by
other pro.pert.ies in the same district.under the ter.ms of the zoning code (attach ad. ditional pages a.s ne. eded)? 'J: ~.., A+'1,
.fj \1Jt..C' Jc+ frt\O J../iJt..ts-c ¡.).V\I) t"~YJ' ~(1.e. r;"""", }¡(''f1 . cvþ· t..h
State your reasons for believing that a variance ¥Jill not confer on you any special privilege thatJs denied by the zoning code to other lands,
structures or buildings in the same district: ''''\\0\;+ R!i +')\e- CfC\{'t\.e:¡¿ 1:5 ..41fe",t:) 'i ..)... "h~.re
4t'.ú Lo/1A 6/\'\<'; {l.e.P'W\IO"VVj lA/Jv~1-:5 ÄI~{"~'~()Y the~_
.
State your reasons for believing that the action(s) you propose to take is/are in keeping with the spir)t and intent of the oning code?
, H '. Y\. t l D ~v... > AY\¡') }()k we ~JIc,., I- f1
A V"\f) T'Y\í\. . éJ V\./V 12~ P, <...IIHVI<..I1 i ¡",-,,,- i-S )+i? A é:¿\J/'y ¡:...l;{)r CA..ñD .
t\--.e ~{",ft\¿f '7 ¡.'(:('V (.;JIb ""-+'1"\0 -),\r+c-. .kY\ -e;Jê-snf"E
State your reasons for believing that a strict enforcement of the provisions of the zoning code would cause undue hardship. Undue hardship
means that the property in question cannot be put to a reasonable use if used under the conditions allowed by the zoning ordinance. Economic
considerations alone shall not constitute an undue hardship under the terms of this code as referenced in state statutes:
Attached to this application and made a part thereof are other material submission data requirements, as indicated.
Applicant Signature: Date:
Owner Signature: Date:
FOR OFFICE USE ONLY
DATE APPLICATION SUBMITTED:
DATE APPLICATION COMPLETE:
Planning Commission Action: _ Recommend Approval _ Recommend Disapproval Date of Action: .
Date Applicant/Property Owner notified of Planning Commission Action:
City Council Action: _ Approved _ Disapproved Date of Action:
Date Applicant/Property Owner notified of City Council Action:
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8J..r/) Subd. 7: Setback Requirements.
· a) Front yard setbacks of not less than 30 feet on all public right-of-ways, unless:
/
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater orless depth of front yard in which instance no new building or
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure or,
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
b) Side yard setbacks shall be ten (10) feet from the main structure and five (5) feet
from garage or accessory building. Where the side yard abuts a public right of
way, the side yard setback shall be twenty (20) feet from the main structure and
· any garage or accessory structure.
c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd.8: Height Requirements.
a) No building shall exceed 22 stories or shall it exceed 35 feet in height. Benning
the building does not allow a building to be constructed higher than 35 feet.
Elevation for the building shall be detennined by the average grade of the land.
Subd. 9. Site Coverage. No structure or combination of structures shall occupy more
than 30% ofthe lot area.
·
Subd. 1: Accessory Buildings. .
In all residential districts detached accessory buildings shall be located in the rear
a)
yard. When located within ten (10) feet of the rear wall of the principal building
they shall comply with all yard requirements applicable to the principal building
in the district. Where accessory buildings are to be located more than ten (10)
feet from a rear wall of the principal building they shall not be located closer than
five (5) feet from an adjoining side or rear lot line. All accessory buildings shall
setback a minimum of fifty (50) feet from front street right-of-way lines.
Accessory buildings are further limited not to exceed over one (1) story of sixteen
(16) feet in height.
b) All garages shall, if the vehicle entrance backs upon a public alley, be setback at
least five (5) feet from the public alley right-of-way.
c) In no case shall the door of any structure, building, fence or improvement be
erected or constructed so as to extend beyond any lot line.
d) In business and manufacturing districts, accessory buildings and uses may occupy
any of the ground area which the principal building is permitted to occupy.
Accessory buildings such as buildings for parking attendants, guard shelters, gate
houses and transformer buildings, may be located in the front or side yard in the
Industrial District.
e) Within the R-I and R-2 districts no accessory structures, including attached .
garages, or any combination of accessory structures shall exceed 1,350 square feet
or ten percent (10%), whichever is the lesser, of the total lot area. In addition, lot
coverage requirements outlined within the respective districts shall be adhered to.
£) The same or similar quality exterior building materiel shall be used on the
accessory building and the principal building.
g) Accessory buildings other than garages shall be limited to ten (I 0) feet in height
in all single and two family and townhouse unit lots.
h) Detached garage sidewalls shall not exceed ten feet and the pitch shall be no
greater than that of the principal structure.
i) The roof slope shall be no granter than the steepest roof slope of the principal
structure, nor less than the average of the roof slopes of the principal structure.
.
6)- g 1 Accessory building(s) and/or private garage(s), either attached or detached, shall be
. subject to the following limitations, and the general requirements of Section 52.12,
Subd. 1.
1. One or two accessory buildings covering a combined area not greater than 1,3 5 0
square feet are permitted.
2. The combined area of the lot covered by the accessory buildings authorized in
subparagraphs 1. above shall not exceed ten (10) percent of the total lot area.
3. Accessory buildings must meet the following design standards:
A. Pole barns and/or post frame construction is prohibited.
B. The exterior finish materials (such as siding, shingles, etc.) shall be
similar in nature and color to the exterior finish material of the principal
structure.
C. The side walls of the structure may not exceed ten (10) feet in height.
D. The roof slope shall be no greater than the steepest roof slope of the
principal structure, nor less than the average of the roof slopes of the
principal structure.
. 4. No accessory building nor structure shall be constructed on any lot prior to
the time of construction of tIle principal building to which it is accessory.
5. Accessory buildings not specifically permitted by this paragraph shall be
prohibited unless authorized by a special use permit granted pursuant to
Ordinance 52.07.03. For purposes òfthis section, a pet shelter or a
structure designed and used exclusively for play by children shall not be
considered an accessory building.
.
Planning Commissioner Variance Worksheet
Subd.2: Variances.
· a) Administration. A variance may be granted to allow a property owner to deviate from the
specific development standards applicable to a particular district. A variance shall not be
granted to allow a use that is not otherwise permitted in the districtinvolved. In granting a
variance the Board, or the Council in reviewing the Board's decision, may prescribe appropriate
conditions in conformity with this Ordinance to protect properties and the health and safety of
persons residing or working in the neighborhood. When such conditions are made part ofthe
terms under which the variance is granted, violation of the conditions is a violation of this
Ordinance. A variance shall not be granted by the Board, or by the Council upon review, unless
they find the following facts:
1. That there are exceptional or extraordinary circumstances or conditions applying to the
property in question as to the intended use of the property that do not apply generally to
other properties in the same zoning district. The exceptional or extraordinary
circumstances must not be the result of actions taken by the petitioner.
Applicable: - Yes - No
If yes, please indicate finding:
2. That the literal interpretation of the provisions of this Ordinance would deprive the
petitioner of rights commonly enjoyed by other properties in the same district under the
terms of this Ordinance.
· Applicable: - Yes - No
If yes, please indicate finding:
3. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands in the same district.
Applicable: _ Yes - No
If yes, please indicate finding:
4. That the proposed variance will not impair an adequate supply of light and air to
adjacent property, or diminish or impair established property values within the
surrounding area, or in any other respect impair the public health, safety or welfare of
the residents of the City.
Applicable: _ Yes - No
If yes, please indicate finding:
5. That the condition or situation of a specific piece of property, or the intended use of
said property, for which the variance was sought, is not of so general or recurrent a
nature as to make reasonably practicable the formulation of a general regulation for
such conditions or a situation.
· Applicable: _ Yes - No
If yes, please indicate finding:
Planning Commissioner Variance Worksheet
6. That the variance requested is the minimum variance \vhich would alleviate the ·
hardship on the particular property.
Applicable: - Yes No
-
If yes, please indicate finding:
'7 That the variance would not be materially detrimental to the purposes ofthe zoning
I.
ordinances or property within the same zoning classification.
Applicable: Yes No
- -
If yes, please indicate finding:
b) Variance Procedure. Application for a variance or appeal under the provisions of this section
shall be made to the City Administrator/Clerk in the form of a written application, called a
Development Review Application. The Development Review Application must be submitted
three weeks prior to a variance request.
1. The City Administrator/Clerk shall review all Development Review Applications and
upon completion of the requirements of the application shall schedule a public hearing.
The City Administrator/Clerk shall have ten (10) days to review the application for
completeness. Notice of such hearing shall be mailed not less than ten (10) days nor
more than thirty (30) days to property owners within 350 feet of the affected parcel as
determined by the City Administrator/Clerk. Such notice shall also be published in the ·
official newspaper within the above time period. Failure of a property owner to receive
said notice shall not invalidate any such proceedings.
2. A variance of this Zoning Ordinance shall be by majority vote ofthe full Board of
Appeals and Adjustments.
3. If the Board of Appeals and Adjustments determines that the application be granted, the
Board of Appeals and Adjustments shall make its recommendation to the City Council
within thirty (30) days of such determination. Upon receipt of such report, the City
Council shall either by resolution approve and confirm the decision, whereupon the
permit as applied for may be issued, or shall refuse to approve and confirm the decision.
If the City Council acts on an application granted by the Board of Appeals and
Adjustments, the City Council shall make its order deciding the matter and serve a copy
of such order upon the appellant or the petitioner by mail within ten (10) days after its
decision.
4. If the Board of Appeals and Adjustments denies the application the Board shall make its
order and serve a copy of such order upon the appellant or petitioner by mail within ten
(10) days after its decision. The appellant or petitioner may appeal the decision of the
Board of Appeals and Adjustments to the City Council by filing a written request of
appeal with the City Administrator/Clerk ten (10) days after receipt of the written denial
from the Board of Appeals and Adjustments. The City Council shall review the
decision of the Board of Appeals and Adjustments within thirty (30) days after notice of
said appeal. The City Council shall make its order deciding the matter and serve a copy ·
of such order upon the appellant or the petitioner by mail within ten (10) days after its
decision.
· I Attachment: Yes or No I
REQUEST FOR PLANNING COMMISSION ACTION
Site Plan Review - MN Assoc. of Farm Mutual
DATE: November 10,2003
AGENDA ITEM
Development Plan ~ Minnesota Association of Farm Mutual Insurance Company
PREVIOUS ACTION
The Planning Commission and City Council authorized the Lot split of Lot I Block 2 Indian Hills Park
Plat to allow for the construction of the insurance agency.
RECOMMENDED PLANNING COMMISSION ACTION
Recommend the Ctiy Council authorize the Mayor and Administrator to execute the Development
Agreement based on the plan reviewed by the Planning Commission.
·
COMMENTS/RECOMMENDATIONS
The Plan for the Insurance Agency is complete and the final drainage plans should be prepared.
·
APPLICATION FOR PLANNING CONSIDERATION
CITY OF ST. JOSEPH .
25 College Avenue NW Fee $
Paid
P. O. Box 668 Receipt #
St. Joseph, MN 56374 Date
(320)363-7201 or Fax (320)363-0342
STATE OF MINNESOTA)
)55
COUNTY OF STEARNS)
------- ----
NAME: Hinnesota Association of Farm Hutual PHONE: 320-255-0909
Insurance Companies, Inc.
ADDRESS: 325 33rd Avenue North, Suite 107, St. Cloud, }lli 56303-1929
IflNe, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Stearns County,
Minnesota, (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance
requirements):
1, Application is hereby made for: (Applicant must check any/all appropriate items)
_ Rezoning _ Zoning Ordinance Amendment _ Home Occupation Permit
_ Surface Water Management Plan (Grading Permit) - PUD _ Building Mover's Permit
_ Building Moving - Owner's Permit ~ Development Plan Approval _ Other, please specify:
2, Legal description of lan~... to be affected by app'licati~Jn, including acreage or sauare footage of land involved, and street .
address, if any: A Legal Descrlptlon Below 5,600 square feet
xxxx ~lm btreet ~ast, lndlan Hlll Huslness Park -
3. Present zoning of the above described property is: B-2
4, Name, address and phone number of the present owner of the above described land: Imperial Properties, LLC
701 Elm Street East, P. 0, Box 609, St. Joseph, }lli 56374 320-353-0783
5, Persons, firms, corporations or other than applicant and present owner who mayor will be interested in the above described
la~/~ proposed improvements within one year after issuance of permit applied for, if granted, are:
6. Attached to this application and made a part thereof are additional material submission data requirements, as
indicated.
Applicant Signature: Date: lð - ~Ó - 0.3
Owner Signature: Date: ICJ - 2Q -O?J
FOR OFFICE USE ONL Y
DATE SUBMITTED: DATE COMPLETE: DATE OF PUBLIC HEARING PUBLICATION DATE:
Planning Commission Action: _ Recommend Approval _ Recommend Disapproval Date of Action:
Date ApplicanUProperty Owner notified of Planning Commission Action:
vity Council Action: _ Approved _ Disapproved Date of Action: .
Date ApplicanUProperty Owner notified of City Council Action:
*The westerly 150 feet of Lot 1 of Block 2 of Indian Hill Park Addition to the
city of St. Joseph, Stearns County, Minnesota. (Dimensions of 150 feet by 304
feet for a total of 45,600 square feet)
Project: Minnesota Association of Farm Mutual Insurance Company Determination: -X- COMPLETE - INCOMPLETE
Developer: OM Builders
Page 1 of 2
· City of St. Joseph
Required Material Submission
Development Plan Applications
Completed applications for Development Plans and required fees shall be submitted the City of St. Joseph Zoning Administrator at least 10 days prior to the
proposed date of consideration by the City. The ten days allows the City to review the application and forward the application to other entities for review when
required. Only completed applications will be accepted. It is the applicant's responsibility to submit required materials. If an application is determined to be
incomplete, notification, which indicates which portion of the application is incomplete, will be mailed to the applicant within 10 days following submission of the
application.
REQUIRED MATERIALS - The applicant shall provide the following:
Requirements Complete Comments
1 Isthe proposed use a permitted use NO
2 Lot Area - Minimum Requirement (10,000 sq ft) NO Lot area is 45,385 sq. feet
3 Setback Requirements
a) CR 75 -10 foot landscaped setback from the YES Not applicable
highway right of way line. Any structure shall
have a 20 foot setback from the ROW.
b) Front Yard - 20 feet from the lot line NO The actual setback is 84'
c) Side Yard - 10 feet from the lot line. If the side The actual side yard setbacks are as follows:
yard is adjacent to CR 75 the structure shall have NO West - 28'
· a 20 foot setback East - 26'
d) Rear Yard - 20 feet, 35 feet if abutting R1 This project abuts an R1 zoning district requiring a 35' setback
The actual setback exceeds 35 feet
4 Height Requirements - Maximum height 3 stories or 40 NO The building will be 18'11".
feet
5 Site Coverage - No structure may cover> 60% NO The building area is 7.05% of the lot area.
6 Parking Lots - paving stones, concrete, bituminous NO The parking lot and drive will be asphalt. The area will curbed as well
7 Loading Docks - Loading docks must be 10' x 50 YES NO There are no loading docks but a service door is located on the east
Doors may not face CR 75 of the building
8 Exterior Requirements - 50% of the building exterior NO It appears as the building exceeds the fifty percent exterior
must be face brick, natural stone, cultured rock, glass, requirement.
vinyl, stucco,
9 Screening of HVAC and refuse container NO The HVAC and refuse container are screened to match the building.
11 Lighting may not be directed towards CR 75 with a NO The final light plan will be submitted with the
maximum spillage of .40 candle watts at the property
· line
12 Stops and Curbs - 8612 must be used for all automobile NO Curbing is provided
Project: Minnesota Association of Farm Mutual Insurance Company Determination: -L COMPLETE INCOMPLETE
Developer: OM Builders -
Page 2 of 2
stops and for all drive and parking areas. .
13 Landscaping ,YES NO Grass and Landscaping (Juniper, Spiraea, Weigela)
14 Development Plan - The following items must be
detailed on the site plan.
a) Building Location on the lot drawn to size YES NO Indicated on Plan
b) Building elevations; front, rear, side YES NO Indicated on Plan
c) Building Exterior material and color YES NO Brick, Efis and Lap siding. The building will be cream and maroon.
d) Locations of ingress/egress YES NO Indicated on Plan
e) Dumpster/solid waste areas screened YES NO See comments above
D Sign Location and dimensions YES NO A sign will be located in the front of the building, free standing
g) Lighting Standard and hood detail YES NO Indicated on the plan
h) Parking and loading areas defined YES NO Indicated on the Plan
i) Drainage by the use of arrows and/or contours YES NO Bettendorf is reviewing preliminary plan
j) Screening of HVAC Ecuipment YES NO Indicated on the Plan
k) Landscaping material including the location, type, size YES NO Indicated on the Plan
I) Fire hydrant and fire lane locations YES NO The site is 75 feet from the hydrant on the other side of Northland. .
m) Utility Locations YES NO
n) Fencing/screening/accessory buildings identified YES NO
0) NPDES Permitting requirements fulfilled YES NO Will be submitted with the building permit
p) Compliance with state and federal guidelines including, YES NO
but not limited to glare. smoke, dust. odors, and noise.
q) Required fee YES NO
16 Sign age - Maximum square foot per face, 100 sq It with YES NO The sign will not exceed 200 square feet
a maximum aggregate total of 200 square feet
Wall Sign - Cannot exceed one and one-half square feet YES NO Will not exceed the minimum requirements
per lineal front foot or fifteen percent of the building
frontage area or seventy five feet which ever is greatest.
Cannot project above roof.
17 Parking - Office Buildings and professional offices, other
than medical, dental, chiropractic, dental or hospital out YES NO 13 spaces required, 24 provided
patient clinic. One (1) space for each two hundred fifty
(250) square feet of floor area.
.
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·
ORDINANCE 52.31: B-2 HIGHWAY 75 BUSINESS DISTRICT.
Subd. 1: Intent. The Highway 75 Businèss District is intended to control the use and
development of land and improvements by creating a mixed land use district near and adjacent to
the County State Aid Highway 75 corridor in the City ofSt. Joseph. This shall be done by
allowing for a mixture of land uses and by establishing stringent standards for development. This
section shall be administered in a manner which will encourage and promote high-value
development in a manner similar to a planned unit development, taking full advantage ofthe
City's highway location. It is also the purpose of the Highway 75 Business District that a
pleasant, attractive, and aesthetically pleasing environment be developed.
Subd. 2: Permitted Uses. The following uses are permitted:
a) Business Services
1. Banks
2. Office space
· b) Food Services.
1. Grocery stores
2. Supermarkets
3. Restaurants, except drive-thru restaurants
4. Delicatessen
5. Bakeries whose product is sold at retail on premises
c) Personal Services.
1. Multiple Retail
2. Drug stores
3. Hardware stores
4. Book stores
5. Discount ('Big Box') retail stores
6. Retail apparel stores
7. Flower shops
8. Beauty shops and salons
9. Photography shops and studios
10. Funeral homes
d) Medical Services.
· 1. Medical clinics
52.31-1
2. Dental clinics ·
3. Veterinary clinics
4. Other institutions providing health care.
e) Farmers Market for the sale of produce only. Notification and the submittal of a
plan to the Planning Commission is required.
f) Movie and Performing Arts Theaters.
g) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this
Section:
a) Commercial or business building for a use accessory to the principal use, not to
exceed 30% percent of the size of principal structure.
b) Signs which meet the criteria of Subdivision 9 of this section.
c) Temporary buildings for construction purposes for a period not to exceed
construction. ·
d) Off-street loading and parking areas, subject to applicable section(s) of this
Ordinance.
e) Fences, landscaping.
Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use
Pem1it based on the procedures set forth in Section 52.07.03 of this Ordinance:
a) Auto malls and/or automobile service and gas stations, provided that:
1. Motor fuel facilities are installed in accordance with state and city
standards.
2. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are
to be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
3. Wherever fuel pumps are to be installed, pump islands shall be installed.
·
52.31-2
· 4. A protective canopy located over the pump island( s) may be an accessory
structure on the property; however, adequate visibility both on and off
site shall be maintained.
5. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
b) Office warehousing.
c) Lawn and garden temporary sales area.
d) Lumber yards and home improvement retail centers.
e) New or used auto dealerships.
£) Stone building material sales and service.
g) Recreational vehicle sales and services.
h) Transportation tennina1s, public utility and transfer stations, without storage
yards.
· i) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
j) Recreational Services.
1. Theaters
2. Bowling establishments
3. Clubs and lodges
k) Hotels
1) Motels
m) Drive-through and convenience food establishments, provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
n) Commercial car washes (drive through, self-service and mechanical) provided
that stacking space is constructed, subject to approval by the City Engineer, to
·
52.31-3
accommodate that number of vehicles which can be washed during a maximum ·
thirty (30) minute period.
0) Convenience Store with gasoline, provided that:
1. The sale of food items is in compliance with state and county standards
and subj ect to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non-automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to
be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
4. Wherever fuel pumps are to be installed, pump islands shall be installed.
5. A protective canopy located over the pump island(s) may be an accessory
structure on the property however adequate visibility both on and off site ·
shall be maintained.
6. An internal sit~ pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
p) Postal Stations
q) Uses determined to be of a similar nature as those permitted under Subd. 1, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 5: Conditions Applicable to All Special Use Permits. The following conditions
are applicable to all uses under a special use permit:
a) \-Vhen abutting a residential use in a residential use district, the property is
adequately screened and landscaped.
b) Parking areas shall be screened from the view of abutting residential districts.
c) Vehicular access points shall be limited, shall create minimal conflict with
through traffic movements, shall comply with all appropriate Chapters of this ·
52.31-4
. Ordinance as may be amended and shall be subject to the approval of the City
Engineer.
d) Provisions are made to control and reduce noise in accordance with MPCA
standards.
e) The entire site other than that taken up by a building, structure or plantings shall
be surfaced so as to control dust subject to the approval of the City Engineer.
f) The entire area shall have a drainage system subject to the approval of the City
Engineer.
g) The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the existing buildings or area so as to cause impairment in
property values or constitute a blighting influence within a reasonable distance of
the lot.
h) All outdoor storage shall be completely screened from view.
Subd. 6: Setback Requirements.
a) Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
. feet, except lots platted prior to 1950.
b) Property adiacent to County State Aid Hicl1way 75 shall have a ten (10) foot
landscaped setback from the highway right-of-way line. Any structure shall have
a twenty (20) foot setback from the highway right-of-way.
c) Front yard setback shall be twenty (20) feet from the lot line.
d) Side yard setback shall be ten (10) feet from the lot line. If the property's side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 5 (a) of this Section.
e) Rear yard setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
f) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 6: Height Requirements.
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming
the building does not allow a building to be constructed higher than 40 feet.
Elevation for the building shall be determined by the average grade of the land.
.
52.31-5
Subd. 7: Site Coverage. No structure or combination of structures shall occupy more ·
than 60 percent of the lot area.
Subd. 8: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in Section
52.10. All lots shall include parking controls and other landscaping techniques to
improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in
Section 52.10. No loading docks or overhead doors shall directly face County
State Aid Highway 75.
c) Structural Components. All construction of new facilities shall consist of pre-cast
or cast tip up concrete walls, concrete block (painted or decorative), post
frame/steel frame with a concrete block or poured concrete complete perimeter
foundation with frost footings extending a minimum of eight inches (8") above
the final grade, and stick built construction. Pre-finished architectural metal
panels, with a minimum twenty (20) year manufacturer color-fast warranty, may
be used as a construction material.
d) Building Exteriors: The exterior building finish of fifty (50%) percent of all four
sides of the structure, exclusive of windows and doors, shall consist of materials ·
comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco,
aluminum lapsiding; cut block; and, concrete block (the surface must be treated
with an applied decorative ~exture or material). Pre-cast or cast in place concrete
buildings shall provide as much adornment as is possible considering their
exterior finish limitations. Any buildings undergoing renovation, repair or
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 additions
are completed.
e) Screening. All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened and in a suitable location as determined by the
Planning Commission.
£) Lighting. All lighting shall be hooded and no light may directly strike County
State Aid Highway 75 or areas outside of the development.
g) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all
automobile stops and for all drive and parking areas.
h) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
i) Signs. All proposed business signs shall be an element of the Development Plan. ·
52.31-6
. All signs shall confonn to the Subd. 10 of this Section.
A Lock Box shall be installed on all buildings before a certificate of occupancy
j)
will be issued.
Subd. 9: Development Plan Requirements. No building pennit shall be issued until the
Planning Commission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent with the stated intent ofthis zone. Upon
request of the Planning Commission, the City Council will make the final detennination on site
plan approval. The developer shall provide the following items to the Planning Commission for
any development located in the Highway 75 Business District:
a) Building location on the lot, drawn to scale.
b) Building elevations; front, rear and side
c) Building exterior materials and color.
d) Locations of ingress and egress points.
e) Dumpster and solid waste pick-up areas and proposed screening material.
f) Sign location and dimensions.
. g) Lighting standard and hood detail.
h) Parking and loading areas identified.
i) Drainage by the use of arrows and/or contours.
j) Screening of heating, ventilation and air-conditioning equipment.
k) Landscaping material including the location, type of plant and size.
1) Fire hydrant and fire lane locations.
m) Utility locations.
n) Any other fencing, screening, or building accessories to be located in the
development area.
0) When required, evidence of completion of National Pollutant Discharge
Elimination System (NPDES) permitting program and/or the City of St. Joseph
Stonn Water Pollution Prevention Program (SWPPP).
. p) If applicable, evidence of compliance with federal, state and local pollution and
52.31-7
nuisance la\vs and regulations, including, but not limited to glare, smoke, dust, .
odors and noise. The burden of proof for compliance with appropriate standards
shall lie with the applicant.
q) Required Feel Agreement.
1. Payment Required. Any person filing a petition requesting development
plan review shall pay a fee according to the schedule established by the
City Council.
2. Amount. Fees payable under this section for development plan review
shall be in an amount as established by resolution of the City Council.
Preparation and review of all elements of the required development plan,
as listed and described above, is to be at the sole expense of the developer
and at no expense to the public. The fee is payable at the time of filing a
petition and is not refundable. In addition to the above fees and in the
event the City incurs professional fees, either legal, engineering or
professional planners, or any other cost, including but not limited to,
postage and publication expenses, the applicants shall reimburse the City
for those fees, and the City officials may require an escrow deposit,
cashier's check or letter of credit for these fees prior to the final action on
the application for development plan review. Such escrow or letter of
credit shall be in the fonn approved by the City Attorney. .
., Development Agreement. In the event additional review by the City or its
.).
assigns is anticipated and/or needed during implementation oJ
Development Plan, or other similar circumstance, the City shall require the
property owner(s) and/or developer(s) enter into a development agreement
with the City. The development agreement shall stipulate the conditions
for approval and the City's authority to inspect the development. The
agreement shall further require the owner or developer, as the case may
require, furnish a cashier's check, escrow account or irrevocable letter of
credit in favor of the City in an amount equal to II 0% of all costs
associated with City's review of the development, including but not
limited to, engineering, legal, fiscal and administrative, as estimated by the
City. Such escrow or letter of credit shall be in the fonn approved by the
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 10: Signs. In the B-2 Highway 75 Business district the general provisions apply to
a11 signs.
a) Business and Wall signs may be erected, attached or painted on to a structure and
Advertising signs shall be prohibited. They are defined as follows:
1. Business Sign. A sign that is related to the business located on the same .
52.31-8
· property to which it is located.
2. Wall Sign. A sign painted or placed against or attached to the exterior
wall surface of a building or structure.
3. Advertising Sign. A sign which directs attention to a business, profession,
commodity, service or entertainment which is sold or offered on a premise
other than that on which the sign is located.
b) Business signs may be erected, attached or painted on to a structure, and
maintained in conjunction with a commercial use provided:
1. Signs shall have a surface area not exceeding one hundred square feet per
sign face with an aggregate total not to exceed two hundred (200) square
feet if double faced.
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
· premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose ofthis subdivision, a combination of two or more business
operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
c) Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one and one-half ( 1 ~) square feet per
lineal lot front foot or fifteen percent (15%) of the building frontage area
or seventy five (75) square feet, which ever is the greatest.
2. Wall signs shall not project above the roof.
d) Advertising or pylon signs shall not be permitted.
· Subd. II: Regulation of Activities Adiacent to Wetlands.
52.31-9
a) The following activity shall be subject to a 50 foot setback ITom wetlands: ·
The construction or maintenance of a building attached to a foundation,
including but not limited to, pole buildings. For purposes of this
paragraph, pump houses, moveable storage sheds, recreational docks and
stOTI11 water or erosion control devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands:
The construction or maintenance of paved driveways or areas designed for
the parking of a vehicle or trailer.
c) The following activities shall be subject to a 100 foot setback ITom
wetlands:
1. The construction or maintenance of a well used for agricultural
irrigation, or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or
commercial activities.
4. The construction or maintenance of a septic system. ·
·
52.31-10
5.2. lo-i
. bedroom dwelling, two and one-half (2 2) spaces for each two-bedroom dwelling,
four (4) spaces for each three-bedroom dwelling, and an additional 1.25 spaces for
each additional bedroom within the dwelling. Any bedroom larger than 140
square feet shall be considered as two bedrooms for the purpose of detennining
the total number of bedrooms within a dwelling. Fractional numbers shall be
rounded up to the next highest whole number.
c) Motels, motor hotels, hotels. One (1) space per each rental unit and one (1) space
for each employee on any shift.
d) Church, theater, auditorium. At least one (1) parking space for each four (4) seats
based on the design capacity of the main assembly hall.
e) Hospitals. Three (3) spaces per each bed.
f) Medical, chiropractic, dental or hospital out-patient clinics. One (1) space for
each one hundred ten (110) square feet of net floor area or seven (7) spaces per
doctor, whichever number of parking spaces is greater.
g) Long Tenn Care Facilities, Assisted Living Centers, Rest Homes and Retirement
Homes. One (1) space for each two (2) beds for which accommodations are
offered and one (1) for each employee on any shift.
. h) Elderly (senior citizen) housing. One (1) space per unit.
- i) Drive-in restaurant and convenience food. At least one (1) parking space for each
thirty-five (35) square feet of gross floor area, but not less than fifteen (15)
spaces.
j) Office buildings and professional offices, other than medical, chiropractic, dental
or hospital out-patìent clinics. One (1) space for each two hundred fifty (250)
square feet of floor area.
k) Bowling alley. At least five (5) parking spaces for each alley, plus additional
spaces as may be required herein for related uses contained within the principal
structure.
1) Automotive Service Station. At least four (4) off-street parking spaces plus two
(2) off-street parking spaces for each service stall. Those facilities designed for
sale of other items than strictly automotive products, parts and/or service shall be
required to provide additional parking in compliance with other applicable
sections of this Ordinance.
m) Retail store and service establishment. At least one (1) off-street parking space
for each three hundred (300) square feet of floor area.
-
-
52.10-3
. I Attachment: Yes or No I
REQUEST FOR PLANNING COMMISSION ACTION
Interim Use Permit - Brandon Kappes
DATE: November 10, 2003
AGENDA ITEM
Interim Use Permit - Brandon Kappes
PREVIOUS ACTION
The Planning Commission requested that Mr. Kappes submit a revised parking plan to accommodate the
required five parking spaces.
RECOMMENDED PLANNING COMMISSION ACTION
. Recommend the Council issue an Interim Use Permit with contingencies, including the construction of a
function parking lot.
COMMENTS/RECOMMENDATIONS
Enclosed in your packet is a sketch of the parking plan and house layout for Brandon Kappes. Their has
been a misunderstanding as to the required parking. Parking for the rental units are based on the number
of bedrooms and the size of the bedroom. Any bedroom over 140 square feet constitutes two bedrooms,
requiring additional parking. Based on the floor plan submitted, five parking spaces will be required.
.
I 0 '- ~_ é) ')
HOUSING, MAINTENANCE AND OCCUPANCY CODE .
ORDINANCE NO. 55
CITY OF ST. JOSEPH, MINNESOTA
--
Address: -z., } ¡ ). I q (}..,.c (~ --
Addition:
Owner: Address; '2 7 I ~ /) /) q Î
Manager: . , Address: I . .,
Type of Structure: Single Family 'Multiple Apartment I
"'-
To the owner, lessee, agent or occupant of the above described premises, pursuant to the
authority vested in me by St. Joseph Code of Ordinances No. 55, you and each of you upon
whom this order shall be served are hereby ordered within days to make the
following repairs.
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.Failûreto comply with this order maybe grounds for imposition of a fine upto $1,000 and/or
suspènsiõn or revocation of your rental license by the St. Joseph City Council
Dated this day of , 2000
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RE-INSPECTION DATE / ,. /._ ¡!. H ,;F...., / ..~ ~.... À
J' . I ~- i I .-, - þY""""'- . ~ - _I
St. Joseph ~ental HQXlstng Inspector ..
COMPLIANCE DATE 320-363-72.01 /
~- /
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-
. www.cityofstjoseph.com ity of St. Joseph
~5 College Avenue North City of st. Joseph
~o Box 668 Public Hearing
jt. Joseph. MN 56374
320) 363-7201
"ax: (320) 363-0342 The Planning Commission for the City of St. Joseph will conduct a public hearing on
Monday, October 6, 2003 at 7:05 PM in the St. Joseph City Hall. The purpose of the
~DMINISTRATOR hearing is to consider an Interim Use Permit to allow an owner occupied rental unit in an R-
udy Weyrens 1, Single FamiJy Zoning District. The property is located at 32 - 1 sl Avenue SE and is
legally described as:
iIAYOR The Southerly 17.4 feet of Lot 2 and the Northerly 30.2 feet of Lot 3, in Block 1
-arry J. Hosch Loso's Subdivision of Block 2 of Loso's First Addition
:OUNCILORS St. Joseph Code of Ordinances 52.27. subd 5 allows for an Interim Use permit as follows:
ð,.lan Rassier Residential rental provided the unit is owner occupied and provided the room (s) rented
i.oss Rieke does not contain separate kitchen facilities and is not intended for use as an independent
}ary Utsch residence. For purposes of establishing if the property is owner occupied, the owner must
)ale Wick . be a natural person and the owner occupying the property as his or her principal residence
and must own- à fifty percent (50%) or greater interest in the property.
The request for Interim Use has been submitted by Brandon Kappes, 32 - 1 sl Avenue SE.
. Judy Weyrens
Administrator
Publish: September 26,2003
. Note: State Law requires mailed notice to all property owners within 350 feet of a variance,
special use, interim use or rezoning request.
.
APPLICATION FOR INTERIM USE PERMIT
CITY OF ST. JOSEPH ·
Fee $ =
25 College Avenue NW Paid ~:ij ID- =<j (J
P. O. Box 668 Receipt #
St. Joseph, MN 56374 Date C¡/.!Vj/03
(320)363-7201 or Fax (320)363-0342
STATE OF MINNESOTA) ------.---
)ss
COUNTY OF STEARNS) t<APPES
NAME: bRMNÙON \ì\. PHONE: (~DJ d-l \-OOC¡'d-
ADDRESS: 3@SE \ s+- Äv-e. ) ST, 3"OS.-eyh ry\W Ek- ~L Lf
IN/e, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of SI. Joseph, Steams County,
Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance
requirements):
1. Application is hereby made for Interim Use Permit to conduct the following:
\ ~ N2A-Ijr,. Q ~ 1'illn'\.O.A - Ò c· c- Ll -rv ;., ~ ~^+-~ .
2.
'~afßK\
C5 ·
3. Present zoning of the above described property is: R-I f?e.s~dek\ï1AL Îf\\N. \ \ ,ODe) Sç:-
4. Name and address of the present owner of the above described property is:. ~
~~.\-lÞ()Y',~.~~pp~. d,- LLNDA ~ ~e-s t-J
'SE: \ s.\- ') ~ ~ IttWca.-B*- . N \ C\CU-d '(Y't
5. ~Î~ SCo~3
Is the proposed use compatible with present and future land uses of the area? Please explain:
~~ -+;:+ ~~;¡1-f~1~ ~-ocru-?wd ~~~
6. Will the proposed use depreciate the area in which it is proposed? Pleasé explain:
"'-fó) -+Ih.o ~ ~.H-t1 u)èQJ) \0e..- ~ -()CCu ~'ç.....()
-+- II \{ 'D.o b.R ~p ^ß 1_ VÝ\~ Ù1~.o
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7.
8.
·
. Resolution of finding
The request of Michael Bader for an Interim Use Permit request came before the Planning Commission
at a public hearing held on October 6, 200. The purpose of the hearing was to consider issuance of an
Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District.
The property is legally described as The Southerly 17.4 feet of Lot 2 and the Northerly 30.2 feet of Lot 3,
in Block 1 Loso's Subdivision of Block 2 of Loso's First Addition Lot Thirteen, Park Terrace, according to
the plat and survey thereof on file and of record in the Office of the County Recorder in and for the County
of Stearns and State of Minnesota located at 32 - 2nd Avenue SE.
St. Joseph Code of Ordinances 52.27. subd 5 allows for an Interim Use permit as follows: Residential
rental provided the unit is owner occupied and provided the room (s) rented does not contain separate
kitchen facilities and is not intended for use as an independent residence. 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 own a fifty percent (50%) or greater interest in the
property.
The request for Interim Use has been submitted by Brandon Kappes- 32 - 2nd Avenue SE 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 I?lanning Commission makes the
following findings:
. The proposed use is consistent with the standards for granting an Interim Use Permit, St.
Joseph Code of Ordinances 52.07.04
Therefore, based on the above findings, the Planning Commission makes the following recommendation:
Approval of the Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District with the
following contingencies:
1. The rental license in non-transferable and if the property is sold or the ownership changes so
that the aforementioned no longer owns a 50% or greater interest in the property the Interim
Use Permit is null and void.
2. Approval of the Rental Housing Inspector
3. The Planning Commission will review the license annually and revoke the license if the
property is in violation of the St. Joseph Code of Ordinances.
4. The City Office will place a notice in the St. Joseph Newsleader when the owner occupied
rental licenses are reviewed and will accept public comments.
The motion passed unanimously.
ATTEST Gary Utsch, Chair
Judy Weyrens, Administrator
.
·
10/13/03
Parking Plan for: 32 SE 1 st Avenue, St. Joseph, MN 56374
When the property was first inspected, I assumed I needed one
bedroom per renter. So my plan was to turn the spare room upstairs
into a 3rd bedroom. After the planning meeting on Monday, October
6th I found out that, because of the size of the master bedroom (over
140 square feet), parking space would need to accommodate 5 people
(even though there will be only 3 people living in the house).
So, I had the inspector come out again and we went over the parking
situation. In discussing the situation with him, he said that if was
permissible to put 2 people in the same bedroom. Also, I mentioned ·
to him that the house was listed as a 2 bedroom house when I
purchased it (see attached description).
So, he said that the present parking pad (20'x40') is sufficient to
accommodate the required parking spots.
Brandon M. Kappes
(320) 271-0092
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