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HomeMy WebLinkAbout[04] Minutes - July 13 July 13, 2015 Page 1 of 2 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, July 13, 2015 at 6:00 PM in the St. Joseph City Hall opening with the Pledge of Allegiance. Members Present: Chair Rick Schultz, Commissioners, Steve Olson, Matt Johnson, Daryl Schaefer, Gina Dullinger, City Administrator Judy Weyrens. Others Present: Jarrod Gallus, Ken Schreiber Approval of the Agenda: Rieke made a motion to approve the agenda. The motion was seconded by Schultz and passed unanimously by those present. Approval of the Minutes: Olson made a motion to approve the minutes of March 5, 2015. The motion was seconded by Dullinger and passed unanimously by those present. Public Hearing, Variance Request, Ken & Kenna Frie, 109 Ash St W: Chair Schultz opened the public hearing at which time Weyrens stated the purpose of the hearing is to consider a twenty foot variance from a public right of way of the North/South Alley. St. Joseph Code of Ordinances 502.32 subd. 7(b) states: Where the side yard abuts a public right of way, the side yard setback shall be 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. The request for variance was submitted by Ken & Kenna Frie, 109 Ash St W, St. Joseph, MN. Jarrod Gallus, 109 Ash St W. Gallus, spouse of Kenna Frie, approached the Commission and stated that he and his wife are requesting a variance to expand the living space of the existing structure. He stated that they plan to have a family and are looking to add a bathroom and family room on the main level. As no one present wished to speak, the public hearing was closed. Weyrens clarified that the property under consideration is located in the General Business District and as such, a residential structure is Non-conforming. However, the Non-conforming Ordinance includes a provision whereby a residential structure can be expanded, provided it does not increase the foot print greater than 20%. Weyrens stated that the proposed addition is less than 20% meeting the Ordinance requirement. Further, the alley the property is abutting is not a high traffic alley and visibility should not be an issue. Schultz and Olson questioned the location of the proposed addition, to which Gallus stated it would be located on the north and it would not be closer to the alley than the existing structure. Olson made a motion recommending the City Council adopt the following Findings of Fact, issuing a 20 foot variance from the public right of way for the property located at 109 Ash St. W, owned by Ken and Kenna Frie. The motion was seconded by Johnson and passed unanimously by those present. Approval is recommended 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. July 13, 2015 Page 2 of 2 Public Hearing, IUP, Kenneth Schreiber, 32—3rd Ave SE: Chair Schultz opened the public hearing at which time Weyrens stated the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental at 32—3rd Ave SE. St. Joseph Code of Ordinances 502.27 subd. 5(a) 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 all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purpose of determining ownership, the owner/owners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership. Kenneth Schreiber, 32—3rd Ave SE, has submitted the request for Interim Use. Weyrens stated the City was notified of an alleged rental at 32 3rd Ave SE, therefore a compliance order was mailed to the property owner, Ken Schreiber. Upon receipt of the compliance order, Schreiber contacted the City Office and indicated that he was renting a portion of his residence and did not know that he was in violation. Weyrens stated that she was recently made aware that the property is over occupied as there are three tenants residing at the property. Kenneth Schreiber, 32—3rd Ave SE: Schreiber approached the Commission as the owner of the property. Schreiber stated that he thought if the home was owner occupied that he would not need a rental license. Weyrens stated that if approved by the Council, the rental will need to comply with the Ordinance within 30 days of the approval. Schreiber stated that he has two college students and a retired gentlemen living in his home. Schreiber added the students will be moving out in August. As no one else present wished to speak, Schultz closed the public hearing. Dullinger moved to recommend the City Council accept the Findings of Fact, issuing an Interim Use Permit to Kenneth Schreiber allowing an owner occupied rental at 32—3rd Ave SE, providing the rental come into compliance within 30 days of Council approval. The motion was seconded by Olson and passed unanimously by those present. Council Liaison Report: Schultz reported the Council discussed the purchase of Colt's Academy. Going forward, a committee will be looking at options for the government center and police department. Weyrens stated the City is looking to close on the property in August. Schultz added that after the closing he would like to get all the committee and boards together to tour the building. Olson asked what the status of the water park is. Schultz stated that the water amenity committee is continuing to fundraise, additional sites are being looked at, and the committee is meeting tomorrow to discuss further plans. Weyrens stated that the distribution center EAW will be discussed at the July 20th City Council meeting. Weyrens asked if the second Monday of every month would work for Planning Commission meeting going forward. It was the consensus of the Planning Commission to move the meeting to the 2nd Monday of every month with the next meeting being August 10, 2015. Adjourn: As the agenda had been completed, Schultz adjourned the meeting at 6:20 PM. Judy Weyrens Administrator