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Home My WebLink About2015 [08] Aug 10 August 10, 2015 Page 1 of 3 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, August 10, 2015 at 6:00 PM in the St. Joseph City Hall opening with the Pledge of Allegiance. Members Present: Chair Rick Schultz, Commissioners, Steve Oison, Matt Johnson, Daryl Schaefer, Gina Qullinger, City Administrator Judy Weyrens, City Engineer Randy Sabart Others Present: Melissa Welsh, Gory Ehlert, City Engineer Randy Sabart, Will Houston. Approval of the Agenda: Olson made a motion to approve the agenda. The mation was seconded by Johnson and passed unanimously by those present. Approval of the Minutes: Schaefer made a motion to approve the minutes of July 13, 2015.The motion was seconded by Olson and passed unanimousiy by those present. Public Hearing, Interim Use Permit, 38 Birch St E: Chair Schultz opened the public hearing to which Weyrens stated the purpose of the hearing is to consider an Interim Use Permit to aliow a non-owner occupied rental at 38 Birch Street East. St. Joseph Code of Ordinances 502.31 subd. 13 (a) allows for an Interim Use Permit as follows: Residential units in areas that have been rezoned to commerciai from residential shall be allowed an interim use permit as a rental unit for a specific period of time. The maximum density for rental units under the interim use permit shall be limited to the density which is allowed in the R-1, Single Family Residential District. The request for interim use has been submitted by Melissa Welsh. As no one present wished to speak, Schultz closed the public hearing. Me/issa We/sh, Centra!MN Rea.ity:Welsh approached the Commission as the owner of the property. She and her partner purchased the home with the intention of operating there insurance business; however, after they moved in the neighboring property to the east become probiematic. The current tenants at the adjoin property display behaviors, language and general property appearance, that are not conducive to operating a business. Welsh stated that if she could secure an interim use permit that would allow for non-owner occupied rental, she cauld at least cash flow the business. Weyrens stated the concerns have been brought to the Police Department and they suspect a change in tenants would be taking place. Schultz questioned how long Welsh has occupied the space. Welsh stated she has been in the space for a little over a year and is not only concerned with the tenants, but with the owner of the property as well. The Planning Commission expressed some concern with converting a business use back to residential, when the intent of the Ordinance provision is to allow rental until the neighborhood is ready for conversion. Schuitz questioned if the problem is the existing tenants, and they are removed is their still a need for the rental provision or does it resolve the issue. Welsh stated that she is wiiling to see Schultz moved to table the request for a non-owner occupied rentat 38 Birch St E for thirty days. The motion was seconded by Schaefer and passed unanimously by those present. Preliminary Piat&Variance Request, Jasmine Court: Schultz opened the public hearing to which Weyrens stated the purpose of the hearing is to consider a preliminary plat entitled Jasmine Court and a variance request reducing the wetfand setback to 20 feet. St. Joseph Code of Ordinances 502.19 subd. 4a states: the following activity shall be subject to a 50 foot setback from wetiands: The construction or maintenance of a building attached to a foundation, including but not limited to, pole buildings. Cory Ehlert, CLC Partners: Ehlert approached the Commission as an owner of CLC Partners. Ehlert stated the subdivision up for review is entitied Jasmine Court. The property was purchased with the anticipation of dividing it into residential lots. There would be 10 individual lots including the one existing home on the property. August 10, 2015 Page 2 of 3 As no one else present wished to speak, Schultz closed the public hearing. Dullinger questioned which lots would be requesting the variance. Ehlert stated the concept plan had all 10 lots under one block. With the new plans, the lots have been split in two blocks. The lots requesting the variance would be lot 1 block 1 and lots 3, 4, 7 of block 2. Ehlert added that they are hoping to have higher end homes in Jasmine Court and are worried that the required setbacks will not allow for those types of homes. Weyrens questioned if there would be any future water issues if the variance request is granted. Sabart responded that it is not an issue of the water table, but an issue to the impact on the wetlands. Ehlert noted that lots 3 and 4 are, in his opinion, the best two lots in the plat. Ehlert added that he is willing to work with the city to add additionai vegetation in the twenty foot buffer between the homes and the wetlands. Dullinger stated she has seen this property on multiple developers' desks adding that the connection makes sense and fits with the use of the area. Oison agreed Sabart reported there are still outstanding storm water and grading issues that will need to be worked out with the developer, however the details can be worked out and should not hinder the approval of the. Plat. Ehlert questioned the increase in the drainage and utility easement from 10 feet to 15 feet across the front of lot 7 block 2. Sabart stated that if the city had to excavate the existing water main at any point it would more than likely go outside the 10 feet. Ehlert questioned if the City can help provide engineering services rather than having their engineer start over in order to save costs. There is a large holding pond east of Northland that Ehlert would like to push the Jasmine Court stormwater into. The size of the pond is still up for question and are not certain what the pond wiil hold. Sabart stated he does not have the original software access as the plan was from the early 2000s. The pond was not sized to accommodate the Jasmine Court expansion. The desire is to use the existing pond, however the question is whether it has the capacity. Schuitz questioned the amount of runoff that would affect the homes on the North side of Iris Lane that are affected by the natural holding. Sabart stated that the backyards of Iris Lane abut a natural wetland and could result a wetter backyard. Sabart added there is the potential for additional runoff, however the hydrology needed to maintain the wetland needs to be consistent. Schultz questioned if there is anything the City could do to prevent additiona! runoff to the homes off of Iris. Sabart stated the City could, but would discussions would need to be had with Stearns County Environment Services. Schuitz moved to approve the preliminary plat contingent upon meeting the requirements of the City Engineer. The motion was seconded by Johnson and passed unanimousiy by those present. Oison moved to recommend the City Council accept the Findings of Fact, granting a Variance to CLC Partners, reducing the wetland setback to twenty feet on following lots: Lot 1 Block 1, Lots 3, 4, and 7, Block 2.The motion was seconded by Schaefer and passed unanimousiy by those present. Approval is recommended based on the following: 1. The property owner proposes to use the property in a reasonable manner. 2. The piight of the landowner is due to the circumstances unique to the property and not created by the landowner, 3. The variance will not alter the essential character of the area. 4. The variance is not being sought for economic relief. 5. The property owner will plant natural vegetation... Council Liaison Report: Schultz reported the City has siowed down on the purchase ColYs Academy in order to work through some outstanding issues. Staff will schedule a walkthrough of the building and will notify all boards and commissions. August 10, 2015 Page 3 of 3 The EDA invited local businesses to meet on the development of the downtown and paving of the aliey. Attendance was low and discussion was tabled in order to obtain additional feedback from businesses. Olson noted he received an email from a resident regarding the extension of water/sewer north of town on CR2. Schultz stated there are costs to the extension. Weyrens added that there is an issue currently being worked through that could potentially move the location of the lines all together. Adiourn: As the agenda had been completed, Schultz adjourned the meeting at 6:20 PM. � ��',� .�� Ju eyrerfs min� trator