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Home My WebLink About[04c] Frie Variance 4(c) Council Agenda Item MEETING DATE: July 20, 2015 AGENDA ITEM: Variance, Ken & Kenna Frie SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on Monday, July 13 to consider the issuance of a variance to allow for an addition to an existing structure located at 109 Ash St W. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: See Planning Commission information BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Council Action Findings of Fact - Council Planning Commission Request for Action Hearing Notice Application Form REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Findings of Fact granting a twenty (20) foot variance on the setback abutting a public right of way for the property located at 109 Ash St W. City of St. Joseph IN RE: FINDINGS OF FACT Application of Ken and Kenna Frie, 109 Ash St W AND DECISION Variance Request – Public right of way Exceed 30 feet for side yard setback St. Joseph Code of Ordinances 52.32 subd. 7(b) FINDINGS OF FACT On July 13, 2015 the St. Joseph Planning Commission conducted a public hearing to consider the application of Ken and Kenna Frie to consider a twenty foot variance from a public right of way of the North/South Alley. The property is located at 109 Ash St W, legally described as Lot 010, Block 011, Townsite of St. Joseph. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission hereby established the following facts as it relates to the request of Ken and Kenna Frie for a twenty foot variance. 1.The property for which variance is requested is located at 109 Ash St W. 2.The property is legally described as: Lot 10, Block 11 of TOWNSITE OF ST. JOSEPH. 3.The property for which variance is sought is located in the B1, Central Business District and operates as a non-conforming use. As such residential structures cannot be expanded more than 20%. 4.St. Code of Ordinance 52.32 subd. 7(b) states where the side yard abuts a public right of way, the side yard setback shall be thirty feet from the main structure and any garage or accessory structure. 5.Granting of a variance is controlled by MN Statute 462.357 and requires the applicant to meet ALL the following criteria: a.The proposed use is allowed in the Zoning District in which the subject property is located. b.The proposed use is in harmony with the general purposes and intent of the official controls. c.The variance must be consistent with the comprehensive plan. d.The variance may be granted IF there are practical difficulties in complying with the official control. i.The property owner proposes to use the property in a reasonable manner. ii.The plight of the landowner is due to the circumstances unique to the property and not created by the landowner. iii.The variance, if granted, will not alter the essential character of the locality. iv.The need for variance involves more than economic considerations. DECISION AND CONCLUSION Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the request for a 20 foot variance for side yard setback from a public right of way is being forwarded to the City Council for approval pursuant to the terms and conditions aforementioned. Approval is based on the following: 1.The proposed addition is allowed through the Non-Conforming Use Ordinance, providing for compliance with the B1 Zoning provisions. 2. The property has an existing structure that was built to meet setbacks at the time of construction, over time the setbacks have changed and the addition to the structure cannot be meet setbacks. The property will not encroach any further to the public right of way than the existing structure. 3. The variance will not alter the essential character of the area. 4.The variance is not being sought for economic relief. 5.The proposed addition will not be a negative impact impeding or compromising vehicular traffic. Now therefore, the City Council hereby grants a twenty (20) foot variance for the aforementioned property. Adopted this day of , 2015 CITY OF ST. JOSEPH By Rick Schultz, Chair By Judy Weyrens, Administrator Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 (320) 363-7201 Planning Commission Agenda Item MEETING DATE: July 13, 2015 AGENDA ITEM: Public Hearing, Variance Ken & Kenna Frie, 109 Ash St W SUBMITTED BY: Administration STAFF RECOMMENDATION: PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The Building Official received plans for an addition to an existing home in the Central Business District. The proposed plan placed the expansion of the home closer to the public right of way than allowed by Ordinance. The proposed expansion extends the existing building. The property is also located in the Central Business and District and a residential structure is considered a non-conforming use. As such, the residential structures can only be expanded 20%. In reviewing the proposed application the addition proposed is slightly less than 20%, so it does meet the non-conforming provisions. The granting of a variance is regulated through MN Statute and in granting a variance all of the following provisions must be met: 1.Granting of a variance is controlled by MN Statute 462.357 and requires the applicant to meet ALL the following criteria: a.The proposed use is allowed in the Zoning District in which the subject property is located. b.The proposed use is in harmony with the general purposes and intent of the official controls. c.The variance must be consistent with the comprehensive plan. d.The variance may be granted IF there are practical difficulties in complying with the official control. i.The property owner proposes to use the property in a reasonable manner. ii.The plight of the landowner is due to the circumstances unique to the property and not created by the landowner. iii.The variance, if granted, will not alter the essential character of the locality. iv.The need for variance involves more than economic considerations. In formulating the findings of fact, the above need to be addressed for compliance. ATTACHMENTS: Request for Planning Commission Action Hearing Notice Application Form Aerial View Plans Findings of Fact Ordinance Provisions REQUESTED PLANNING COMMISSION ACTION: Determine whether or not the applicant meets the requirement for granting of a variance. The Planning Commission needs to establish findings fact for either approval or denial. The fact portion of the findings have been provided. . �. CITY OF ST. OS�PH � vnWW.cityof stjoseph.com City of St.Joseph Pubiic Hearing Variance—Public Right Away Administrator �udy Weyrens The St.Joseph Planning Commission will be conducting a public hearing on Monday,July 13, 2015 at 6:00 PM in the St.Joseph City Hall, 25 College Avenue N to consider a twenty foot variance from a public right of way of the North/South Alley. St.Joseph Code of 502.32 subd. N�ayor 7(bJ states: Where the side yard abuts a public right of way, the side yard setback shall be Rick Schulrz thirty(30)feet from the main structure and any garage or accessory structure. The property for which variance is sought is located at 109 Ash Street West; legally described as Lot 010 Councilors Block 011 of TOWNSITE OF ST.JOSEPH. Mdcc Killam Bob Loso The request for variance has been submitted by Ken& Kenna Frie, 109 Ash Street West,St. Renee Symanietz �oseph, MN 56374. Dale Wick �, �rs�i ''t Judy Weyrens ,.,-��r' �-.� ea.saeaa.oaao i� ti� t�:� Administrator �� ,�38�. o,� '+�- �u\� `;�: _w 1� ,. '� ........ .._ �M ...... _.. ...�... ......... � �� } ;T� �`� �3� '.,v� 84.53921.0000 � � �. �.:.. � ,.. , �. , w-r.. �EftftAGE `'� _.y..p: �yyh�";.�::. t�f4 �T JQ�EPM 1, '1 v '�.w 1 ti, � ,S � ��; �� N9+t+�,YW � 5}�F`�: ,� �� ,� � �� j � `1 zs College Avenue North • PO BoX 668 • Saint �oseph, Minnesota 56374 Phone 3zo.363.7zoi Fax 320.363.o34z. �, '�"�� . — Appliqtion received by�_on �—�l .�� CITY OF ST.JOSEPH PO BOX 668 St.loseph MN 56374 320-363-7201 '' lweyrens@ciryofstjoseph.com i �� d� APPLICATION FOR VARIANCE . List the Article(s)and Section(s)of the Land Development C�e the appiicant is seeking a variance from: � f REQUIRED APPLICATION INFORMATION APPLICANT INFORMATION: Name(s): �L�V � 1�C=NNf} rr� � Address,City,State,and Zip Code: /O �J' � � St �S�j �• �� ,/ Q ,s��/y Phone Number(s): c�� — ��Q ' J� `�7� � E-mail Address: �� %�c � 6r�� 'C • car.-� PROPERTY OWNER INFORMATION: �j , � Name(s): _L LCN � �/l/N a9 �/�i � � � Address,City,State,and Zip Code: l 6 f"J GV �° S� �S`7 � � -S,� � .�a sc��h PhoneNumber(s): ��6 �� — "�l' 7�� 0 E-mailAddress: /rCErv Frr�e .r�s�L , c'v� Street Address of Subject Property j(��'/ �U �S� ��1 �t • �• ✓ Q 5 G�� ll � Applicant's Interest in Subject Property: � Contractual(Attach Evidence) � Freehold Total Area(Acres or Square Feet)of Subject Property a� �o � Complete Legal Description of Subject Property: ��l� c��✓�`si'� N4m � %dw/VSi�t a� S�- �%OSr�`7 �o� p/D 6� o e/� �� .�5.�c. �o Tw ••� �a y /�•v� a a�j 1.State exactly what is intended to be done on or with the property which does not conform with the present Land Development Code. C60l�iiVG � ,��d �s ' �a �u�� ,� ��i��°� , �fso ��d /a �g� . �� Cc� /�oiC� L�'v��►( Shac �2 �/h /na.'n f"�oa�. ✓ / 2.What reasonable use of your property is lost(practical difficulties)by the strict enforcement of the Land Development Code?Please distinguish loss of property rights from personal preference. /' �/f/� /7� �cl /h0/1'� �,`v, ✓J( S u!'�' r-Gr2 G"usL eJC�%a.��,%!S `—Gm, ly . �ill� /7rz ol T�7� 5 J � / � � G�� C-��/, �/Gn7 tc � S�lr C i° � h a�C c�tiPK" `� ��u y o9 7� �Ji S ✓�s"c� p rl� . �fJ P <�u�t /I o� / �'��(Uir c� � /�ui�c�?ta.5 C �j 17 P ie> �a?c�'.�,,�c�y ( 3. Please answer the following questions as they relate to your specific variance request: A. fn your opinion,is the variance in harmony with the purposes and intent of the Land Development Cod . Yes No Why or why not? �(� /�i2� C�S i � ��e G��EI� �,�G-ri I D/( D L�C C r'v i%7< /�R�c. - CdJ� /��6 � �� Ci/! A�G�T/ d�7�� I�j q��?'c�yri 1�7� J/^ d 7 �J7? /1�Gi r i� /"�a 0� . B. In your opinion,is the variance consistent with the Comprehensive Plan es , No Why or why not. / �1� �S ��c1� �, ��, �.,�� h�,��,� ��r'� Cd�� 6� �� /I�2rs� /�n.� /yia/�e }�i � pr�o�.n��y rnaa'� L��v.�hl� . ��' wrul�l �, /c � � L��+'�. � '7 �1� 5 6�1 nrr�e �O dC dylli r�/ ��a.0 s . �j,'S Gt��c%L S��t�� G�S �'j,� �iG�C�i1iG71u � S�Gf'Y' /�2�Nd �' al.. C. In your opinion,does the proposal put property to use in a reasonable manner? es No Why or why not. Ac%>,�,`G-i�a C L,�v'�� s li C � �� f° il Gz+jf G�JC�J�i.��,�ir �a`n� l/ . / �P �u�l��rl� L,��-s ��a-�.� �,,�c h � u 5.e �'a,� � �,�.�•�,�� D, ln your opinion,are there circumstances unique to the property? es , No Why or why not. �� °'� 1'�t� /�0�7`6��jC' �° d�1 /ni'P Si�� G�kS, ,f� �c%rT� /�i'�R� ��1 �Gi e G�i�� Sic�-P� � n� G�uo/� Se� �� 5 . E. In your opinion,will the variance maintain the essential character of the locality? es No Why or why not. ,L� �'/�� C��. /fC1l� ��Y L- 6d� {'Y16/L '� Q/l�/�62��U7/R.L . v�/C �o� / S �/�°�?T Y �� ,y C I�/0"lf f� JL(j A C. 1C'6 m/I�p d a�� A�'��i 7�i�d�'' • � a v The Zoning Board of Appeals must make an affirmative finding on ail of the five criteria listed above in order to nt a variance. The applicant for a variance has the burden of proof to show that all of the criteria listed above have�n satisfi�. I HEREBY CERTIFY THAT I HAVE READ,EXAMiNED,AND UNDERSTAND THIS APPLICATION AND THAT THE INFORMATION SUBMITTED HEREIN AND ATTACHED HERETO IS TRUE,ACCURATE,AND CORRECTLY STATES MY INTENTIONS. Applicant Signature(s),��L�•�:A � ) �rt"/L-C.J�- Print Name��k�=TH S �p 1 C Date�=�� Property Owner Signature(s) ►��.Jl�c�:. Print Name��T� r 4—`1"�t"Date < ' � �'�5 STAFF USE ONLY: Application Fee Received by Date Received Request for variance from Article ,Section for the Land Development Code requires Stearns County Addressing Portal https://gis.co.stearns.mn.us/AddressEditing/default.aspx# . ,, �"F. 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S � �d G` ';s�:;h-; �� ,� � � � � � :;�� o � � � A ,��s�� n � � � a•-iva� ��o � m � ,6TU�WALLN . S a,'.� � � �� B . GONFIRMEX[6TINGGONDttTON6 �� i+ �fi 'WALL AND FOUNDATTON DETAiLS D � O O � fl � �1 � W tfl O� § r cc c�n Q fl fl b n � �' o 0 �� cr��n EXISTING OPEMN � , w -i �' S �u �? � p � � �-_ ee rwNe.wN.� -�N Z ^.� � 7'-91ll18" � . �o �� W ^ � N L'i�f-ry � W -�p �ITI � � o a v� �3 � � o� § m'�n' � � b�y� ai Z �m � �Z x i � � �N � � � O � � El(I6TING BASEMENT � _ _ _ _ _ _ _R�AOYE 6XI6TINC�yVALL_ ]"� 4 � �•;N m N�' 2x10 J016T5 �� p C . 6PAGED 1B'o.c. �� T b� b� �� m �� H K � 0 � Z F x F�y § � § R � �T m �t H � � � � �� NR� -�• Z F�� y �� t' N y* 412'6PAGEBETWEENEAGH /V �. H � 2� --� TPH 9056 • TDH 9056 � � r�.o R.O.2'-71M"x4'-9 L4' R.O.2'-71A1"x4'-91A1' lg•„8• TDS 4856 -�l � 4'-0" 8'-0' R.O.4'-1 LA"x4'-q 1M" 3g . �- Sb'-(Y' O T ? -ri �p m Nr n #k c �"'� �`a v a � F ORDINANCE 52 – ZONING ORDINANCE Section 52.08: NON-CONFORMING USES Subd. 1: Intent. It is not the intent of this section to encourage the non-conforming use of land. Non-conformities are declared by this Ordinance to be incompatible with permitted uses in the districts in which the non-conformity occurs. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land in combination shall not be extended or enlarged after passage of this Ordinance by attachment on a building or land of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located. Subd. 2: Continuation of Non-Conforming Use. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of this Ordinance may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless a.the nonconformity or occupancy ceases for a period of one year; or b.the nonconforming use is destroyed by fire, collapse, explosion or acts of God, or public enemy or other peril to the extent of 50 percent, or greater, of its market value and no building permit has been applied for within 180 days of when the property is damaged. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. Subd. 3: Extension or Expansion of Non-conforming Use. A non-conforming use of a residential, commercial or industrial building may not be extended or expanded by adding onto the building. A non-conforming use of a residential, commercial or industrial land shall not be enlarged, expanded, increased or extended to occupy a greater area than was occupied when the use became non-conforming, except as specifically provided in Subd. 6 of this section. Subd. 4: Structural Change. No existing structure devoted to a non-conforming use shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a conforming use. Subd. 5: Maintenance. Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it includes necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming building or use. Subd. 6: Residential Alterations. Alterations may be made to a residential building containing non-conforming residential units when they will improve the livability and safety of such units provided, however, that they do not increase the number of dwelling units in the building. Additions may be made to non-conforming residential buildings, limited to an increase in the living area of no more than 20% of the existing main floor square footage. The construction and alteration of garages and accessory buildings is also permitted, as long as the 52.08-1 ORDINANCE 52 – ZONING ORDINANCE c) Motor vehicle service stations. d) Bars and liquor stores. e) Auto, service and repair shops. f) Mixed use of a Permitted Use and a multiple residential dwelling units; but only if at least 50% of the interior square footage (exclusive of the basement or cellar) is used full time for a Permitted Use, and said permitted and residential uses are not conflicting. The area consisting of multiple residential dwelling units must meet the standards of Section 52.29, Subd. 5 and 6; and said residential uses occupy only the upper and/or rear portions of structures. Off-street parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 52.10. g) Lodge. h) Commercial Planned Unit Developments. i) Other uses determined by the Planning Commission to be of the same character as contained in this Subdivision. Subd. 4: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Central Business District. a) Commercial or business building for a use accessory to the principal use, not to exceed 50 percent of the size of principal building. b) Business identification signs as regulated in Section 52.11. c) Temporary buildings for construction purposes for a period not to exceed construction. d) Off-street loading and parking areas. e) Signs that meet the criteria of Subdivision 9 of this section. Subd. 5: Setback Requirements. a) Front yard setbacks shall be ten (10) feet from the lot line. If the building front is located on Minnesota Street from College Avenue to Second Street Northwest, no front yard setback is required. b) Side yard setback shall be five (5) feet from the lot line. No structure shall be placed closer than twenty (20) feet from the boundary of any residential district. If 52.31-3 ORDINANCE 52 – ZONING ORDINANCE the building front is located on Minnesota Street from College Avenue to Second Street Northwest, no side yard setback is required. c) Rear yard setback shall be five (5) feet from the lot line, except: 1. Where a lot abuts an alley, the rear yard setback shall be ten (10) feet; 2. Where a lot abuts a residential district, the rear yard setback shall be twenty (20) feet. Subd. 6: Height Requirements. 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 35 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 7: Other Requirements. a) Before the issuance of a building permit, all buildings constructed in the Central Business District must have a landscape plan approved by the Planning Commission. b) Before the issuance of a building permit all buildings constructed, or undergoing exterior renovation or remodeling in the Central Business District must have the exterior finish design and materials approved by the Planning Commission. c) Where a use exists pursuant to a special use permit in conjunction with a permitted use, the required parking shall be computed for the permitted use and special use separately with adequate parking required to satisfy both uses. d) No outdoor storage shall be allowed. e) Single tenant retail buildings shall not exceed 10,000 square feet. f) A Lock Box shall be installed on all buildings before a certificate of occupancy will be issued. Subd. 8: Site Coverage. No structure or combination of structures shall occupy more than 90 percent of the lot area. Subd. 9: Signs. In the Central Business district, the general provisions apply to all signs: a) Business signs may be erected and maintained in conjunction with a commercial use provided: 1. Signs shall have a surface area not exceeding fifty (50) square feet per sign face with an aggregate total not to exceed 100 square feet if double faced. 52.31-4