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Home My WebLink About[04] Enforcement Matters TOWNSHIP OF � SAINT 10SEPH CITY OF ST.JOSEPH PO BOX 585 PO BOX 668 St.Joseph MN 56374 St.Joseph MN 56374 320-363-8825 320-363-7201 Jweyrens@cltyofstJoseph.com Agenda Item—(4)Other Matters—Compliance Issues Stearns County Environmental Services has clarified that in the MOU with the City,Township and County,the Joint Planning Board is responsible for compliance of matters covered within the MOU. There are currently two compliance issues that the Board are responsible for enforcing: 1. Huls—former Kings Express: Staff members from Stearns County Environmental Service noticed that the property was operating as a commercial property and is not zoned for such. When Kings Express moved,the use of the property ceased for over a year so a commercial venture would need to go through a zoning process to do so. Stearns County Staff made several attempts to contact the property owner to bring the property into compliance without success. After the last unsuccessful attempt both the City and Township were notified what had been done and it is up to the JPB to enforce compliance. After receiving the notice I called Angie Berg and questioned how the County would handle the matter if they were responsible for enforcement. She indicated that they would prepare an Abatement Order and have it served. She forwarded to me a sample Abatement Order for reference. Since it is a very legal process I had the City Attorney prepare the necessary documents. 2. Lelou—When the Joint Planning Board considered the request of Robert Smith requesting access to his property from 320th it was noted that the property across the street had accessed 320tn The development agreement for the development did not allow access, but somehow it was missed by Stearns County when the site plan was approved. There were two issues on the property 1)the ghost plat would have allowed the property to be split in the future east and west with both housing pads utilizing the development road. The house that was built is in the far west end of the property as they were intending to split the property north and south. 2)access should have never been allowed to 320tn Street and in addition the access is located in the easement area for a future collector. I had a letter sent to the property owner to notify them of the problem and to work together to see what can be done. It is not the intent to make the property owner change the driveway today; rather have a plan and to put them on notice. Copies of the correspondence have been included. COUNTY OF STEARNS STATE OF MINNESOTA In the Matter of the Zoning Violation Located on Property Owned by ABATEMENT ORDER Ross Huls An inspection by the Environmental Services Department of Stearns County, Minnesota has revealed violations of Stearns County Land Use and Zoning Ordinance 439 on the property located at 30890 County Road 2, St. Joseph,MN 56374, and described in the attached Exhibit B. The facts establishing the violations are set forth in the Violation Report(Exhibit A)attached hereto and incorporated herein by reference. WHEREFORE, you aze hereby ordered to abate the above-stated violation and bring your property into compliance.upon receiving this Abatement Order by the dates set forth herein and by taking the following actions: 1. Immediately cease and desist from using the land as a commercial business on or before December 11,2015. 2. On or before December 11,2015, schedule an appointment with Judy Weyrens, Administrator for the Joint Planning Board of the City of St. Joseph/St. Joseph Township Orderly Annexation Area,to discuss this Abatement Order. Ms. Weyrens' office is located at the St. Joseph City Hall,25 College Avenue North, St. Joseph,Minnesota. 3. On or before December 11, 2015, submit a rezoning request to Judy Weyrens at the City of St. Joseph City Hall. 4. On or before December 11, 2015, submit a conditional use permit request to Judy Weyrens at the City of St. Joseph City Hall. 1 Appeal of this Order may be taken to the City of St.Joseph/Township of St.Joseph Joint Planning Board of Adjustment. You may appeal the determination made in this order by serving written notice of appeal specifying the grounds for said appeal on Judy Weyrens, Administrator for the Joint Planning Board of the City of St.JosepWSt.Joseph Township Orderly Annexation Area within 10 business days. The office for the Administrator of the Joint Planning Board is found at the St.Joseph City Hall,25 College Avenue North, St. Joseph,MN 56374. The telephone number is 320-363-7201. Dated: Judy Weyrens,Administrator for the Joint Planning Board of the City of St. Joseph/ St.Joseph Township Orderly Annexation Area STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on ,2015 by Judy Weyrens,the Administrator for the Joint Planning Board of the City of St. Joseph/St.Joseph Township Orderly Annexation Area, on behalf of said Board. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK} SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL 2 EXHIBIT "A" VIOLATION REPORT FOR Ross Huls 30890 County Road 2 St.Joseph, MN 56374 Parcel#: 31.20685.0001 Section 9, Township 124, Range 29 St. Joseph Township Stearns County, Minnesota 1 BACKGROUND AND INFORMATION During 2015, it has come to the attention of Stearns County Environmental Services that you are operating a commercial business on your property in St. Joseph Township. The property is legally described on the attached Exhibit B. The property is zoned Agricultura140(A-40). The property consists of 1.33 acres. Pursuant to Stearns County Ordinance 439, a commercial business is not allowed on 1.33 acres for property zoned as A-40. On August 17, 2015, and September 22,2015,the Environmental Services Department of Stearns County informed you,by letter, of the violation and requested that you come into compliance. Specifically,they requested that you apply for a rezoning of the property and a conditional use permit. No written response has been received by Stearns County to date. The property is part of an Orderly Annexation Agreement between the City of St. Joseph and the Township of St. Joseph. Pursuant to a Memorandum of Understanding, dated March 19, 2015, between the City of St. Joseph, St. Joseph Township, and Stearns County,the enforcement of County Zoning Ordinance 439 has been delegated to the Joint Planning Board(JPD)of the City of St. Joseph and the Township of St. Joseph. DOCUMENTED VIOLATIONS The property located at 30890 County Road 2 and owned by Ross Huls is zoned as Agricultural 40(A-40)of the Stearns County Zoning Ordinance 439. The property Parcel#is 31.20685.0001 and consists of a parcel of 1.33 acres. The property is currently being used and occupied as a commercial business,to include truck inspections. Section 9.3.10 of the Steams County Ordinance sets forth various Lot Requirements. Section 9.3.10.C.provides that"in the A-40 Zoning District . . . only those uses that are allowed as permitted,provisional,interim,c�nditional or accessory in the R-1 Zoning District sha11 be allowed on a lot or tract less than five acres in area. . ." Section 9.9—Residential District R-1 (R-1 District) -of the Stearns County Zoning Ordinance does not allow for a commercial use in the R-1 District. Accordingly, a commercial business is not allowed in a lot less than five acres in the A-40 District. FAII.URE TO COMPLY Failure to comply with this Abatement Order is a violation of Section 4.23.1 of Stearns County Ordinance 439, and is a misdemeanor violation subject to both civil and criminal prosecution. Each day that a violation continues constitutes a separate offense. 2 APPEAL An appeal from this order to the Joint Planning Board(JPB)of the City of St. Joseph/St. Joseph Township Orderly Annexation Area may be requested within 10 business days of the receipt of this order in accordance with Section 12 of Stearns County Ordinance Number 439. Said appeal shall be in writing on a form available from Judy Weyrens, Administrator for the Joint Planning Board of the St. Joseph/St. Joseph Township Orderly Annexation Area, signed by the appellant and including the following information: 1. The particular order,requirement, decision or determination from which the appeal is ' being requested. 2. The name and address of the appellant. 3. The grounds for the appeal. 4. The relief requested by the appellant. Contact Judy Weyrens for the appropriate form. STAFF CONTACT Please contact Judy Weyrens,Administrator for the Joint Planning Board of the St. Joseph/St. Joseph Township Orderly Annexation Area, at 320-363-7201 regarding this Abatement Order,or in person at the St. Joseph City Hall located at 25 College Avenue North, St. Joseph, Minnesota. Judy Weyrens, Administrator for the Joint Planning Board of the City of St. Joseph/ St. Joseph Township Orderly Annexation Area STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on ,2015 by Judy Weyrens,the Administrator for the Joint Planning Board of the City of St. Joseph/St. Joseph Township Orderly Annexation Area, on behalf of said Board. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL 3 AFFIDAVIT OF PERSONAL SERVICE STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) I, , state that on the day November,2015, I served a true and correct copy of the Abatement Order,Violation Report(E�chibit A)and Legal Description(Exhibit B)upon Ross Huls,personally at the following address: 30890 County Road 2 St. Joseph, MN 56374 � � S , . , ' EXH16IT � A part of the Northeast Quarter of Northwest Quarter(NEY.NW'/,)of Section Nine(9)Township One flundred Twenty-four(124),Range'I�venty-nine(29)descn'bed as follows:Beg'uming at the North Quarter corner of said $ection 9;thence along the North-South quarter line of said Section,South Ol°26'West 877 feet to an Intersection with the Eastbound centerline of Minnesota Trunk Highway#52(now CSAH No 75);thence along said centerline •North 47°59'West 708.2 feet;thence South 42°Ol'West 91.5 feet to'the point of beginning of the tract herein described;thence continuing South 42°O1'West 208.71 feet;thence South 47°59'East 208.71 feet;thence North 42°Ol'East 20$,71 feet;thence North 4'I°59'West 208.71 feet to the point of beginning,according to the U.S. � Government Survey thereof,Stearns County,Minnesota. AND ' That part of the Northeast Quarter of the Northwest Quartor(Nfi'/,NW%)of Secdon Nine(9),Township One. Hundred Twenty-Four(124)North,Range Twenty-Nine(29)West,S.tearns County,Minnesota,described as � follows: Commencmg at the North Quarter Corner of said Sectioa 9;thence along the North South Quarter liae of said 5ection,South Ol°26'00"West,assumed bearing,for a distanca of 877.00 feet to an intersection with the eastbound centerIine of Minnesota Trunlc Highway#52(now CSAH 75);thenae aloag said centerline North 47°59'00"West for a distance o£708.20 feet;thence South 42°Ol'00"West for a distance of 91.50 feet to the point of beginning of ' . the land to be described;thence continuing South 42°01'00"West for a distance of 208.71 feet to B-37 per Stearns County Highway Right of W ay Plat Number 34 as recorded in the office of the Stearns County Recorder;thence North 47°59'00"Wesi for a distsnce of 49.85 feet to B-38 per said Right of Way Plat;thence North 42°21'21" East for a distance of 225.21 feet to the southerly right of way of CSAH 75;thence South 47°59'00"East along said southerly riglxt o#'way line for a distance of 48.53 feet to B-36 per said Right of Way Pla�ttrence continuing along said southarly right of way line South 47°59'00"East for a distance of 208.71 feet;thence South 42°Ol'00" West for a distance of 16.50 feet to its intersection with a line beariag South 47°59'00"East from the point of ' beginiung,thence North 47°59'00"West,along last descnbed line,for a distance of 208.71 feet to the point of � beginning and there tern�inating. � � � . � Jovanovich, Kadlec cSz.Arhmann,PA ATTORNEYS AT LAW Txor�ns G.JOVANOVICIi♦ 1010 WEST Sx. CiERMAIN,$UITE 42� SusnN M.Knv�c♦ ST. Ci.ovn,MN 5G301 Loiu L.ATHMANN OFFICE: 320-230-0203 JESSIE L.Socc�* Fa�c: 320-230-0188 KRISTI D. STANISLAWSKI THOMAS G.JOVANOVICH Thomas Jovanovich�a,ikalawfirm.com November 23,2015 Mathew and Jessica Lelou 9611 —320�'Street St, Joseph,MN 56374 RE: City of St. Joseph-Notice of Encroaclament on Road Easement Our File No. 40687 Dear Mr. and Mrs. Lelou: I am the attorney for the City of St. Joseph.The City of St. Joseph administers the work of the 5t. Joseph Joint Planning Board(City and Township of St.Joseph)("JPB'�. It has come to the attention of the City of St. Joseph and the JPB that your home and driveway on Lot 1,Block 1, Sunset Ridge, were not located in the correct location based on a Subdivision Agreement for Sunset Ridge. Your current driveway is located upon a road easement which will be used for a collector road in the future. You are hereby notified that any improvements, obstructions or use of the property over the road easement are prolubited. The City will utilize this easement in the future and your driveway will have to be relocated. A Subdivision Agreement for Sunset Ridge was recorded on December 27, 2012. Paragraph 7.1.a. of this Agreement specifically stated that"the Developer,its heirs and assigns;agrees to� locate buildings on the plat of Sunset Ridge that do not overlap future lots,blocks and sireets as set forth in the attached ghost plat." The ghost plat was attached as Exhibit E to the Subdivision Agreement. Exhibit E shows that the location of your home was to be placed on the easterly one-half of Lot l,Block l,with the driveway running to Cedar Ridge Road. The reason for this requirement was to preserve development potential and to locate your driveway an appropriate distance from a collector street intersection. Exhibit E also shows that there is a road easexnent on the northwest corner of your property. Currently, your home is located near ttus road easement and your driveway runs through the road easement. The plat for Sunset Ridge was recorded on December 27,2012. The recorded plat shows that there is a road easement running across the northwest corner of your lot. ♦Qaallfied ADR Nwtral ♦Cerdfied R,eal l'ropucy I.aw Speclaliet *Alsa admitted in Wiarnnain November 23,2015 Page-2- The Warranty Deed conveying Lot l, Blook 1 of Sunset Ridge to you was dated September 16, 2013. At that time,the prior owner of the property was on notice that the JPB had recorded and reserved a right to the road easement across the northwest corner of your property. I note that the Warranty Deed did not include a reference that the property was subject to a road easement over the northwest portion of your property. However,the easement was of record at the time of your purchase. Accordingly, the easement is binding upon you. Title insurance or a title examination should have disclosed this information to you. Stearns County has no authority to release this easement or allow encroachments upon the easement. Please be advised that the City and/or JPB intends on enforcing their rights to utilize the roadway easement over the northwest corner of your property. The JPB and the City will require that you relocate your driveway so it provides ingress and egress to Cedar Ridge Road as required by the Subdivision Agreement for Sunset Ridge. In the alternative,the City and/or 7PB may be willing to permit the existing driveway construction to remain in place until such time that the City or Township exercises its use of the easement for street construction so long as you enter into a recordable agreement acknowledging the right of the City ox Township to use the street in the future and your agreement to move the driveway at that time. . Please contact Judy Weyrens at the St.Joseph City Ha11 to make arrangements as to when the driveway will be relocated and any other improvements or impediments will be removed from the roadway easement. Sincerely, JOVAN(JVICH, &ATHMANN,PA � By Tho as G. Jo anovich Attorney at w TGJ/baw c. Judy Weyrens(via email) Randy Sabart(via email) Ne5'2aso�e_sfi�.� ^ -- �— �1 __ -- �=. _=- -- —. — — -- — -/ • � unuTMr�' :' ;�! ��Fj � � � �o i ° .��..,,'"` ° • � � ��i� 1 � i�'� � ! v�`�''/' _ �•' � �' � � � �LIN I �s � _ $ 7� � �---�o._..,_ � � I ' � � a� � i � < � p� � � 5T. JOSEPH Ti�NMSHIP „ � �� SUNStT RII�GE D�1/ELOPMENT � � 1� � ^ �1 �i ( BLt�CK 1 LOT I j � �, � � � � � � �I �I I zsss� .s#' iaaa � �� f � � � � �� , I ��'M'AY � W� a 33' ( 93 ( � � W u � I � p� � ( I I MlONUM��73 �g nNg O O� i I ( l�_ =._ _. � _ _ T. ! ._ �_ ,__, T lmuTY tASEMCNT ! — — — — = RDAO�_ArPROIuCIi J�� 216.35' — 437.21' — � t� �K�RTN 1/4 CORMER 4 —�- - --- --- ---- -'�0- -- -32UTi15TRE�T_.._ � _. _ � - - - -- - - - - -�— �� ^ � 51TE PLAN r i� � 2a-cr a- � r A a _ __ December 6,2015 Thomas G. Jovanovich 1010 West St. Germain, Suite 420 St. Cloud,MN 56301 RE: City of St.Joseph—Notice of Encroachment on Road Easement Deaz Mr. Jovanovich: It was a complete surprise to our family to hear your alleged claim that our driveway is located in a future proposed road easement for the City of St.Joseph. As stated in your letter we were not provided with that documentation in our Warranty Deed,or in any other forms of communication with Cory Ehlert(CLC Partners),the seller of our lot. The information obtained from the county last week shows two proposed future road options;one connecting ta November Drive, and one connecting further West onto 320'�St. It is our understanding that the future road decisions have not become finilized,based on the information we have been provided. My husband stopped in to speak with Judy Weyrens at the City of St.Joseph on Tuesday, December 1,and requested the cunent road proposal documentation. Judy agreed to provide the documentation after she obtained it from the correct authority. He provided his e-mail address and phone number,but as of today we have received no correspondence or documentation. Judy also told him that we could take some time to figure things out,and get back to her by mid January. We still have some unanswered questions. What is the timetable for annexation,and road construction? Should Judy be our point of contact at the City of St. Joseph, or do we need to correspond with you until an agreement can be finalized? We can be reached through e-mail at: �mlelou�a7�gmail.com, phone{320)309-3069 9611 320`�St. St.Joseph,MN 56374 We appreciate your help with this matter toward a resolution. Sincerely, . �,��`✓�� ---,.�..�-lr-�-� . ' Zessica Lelou . _ DEC 0� �015 c. 7udy Weyrens CITY O� ST.JOSEPH Randy Sabart §§§§§'s§§§§'s§��i K�a•l�sx�wrn� �@l��i�� I I I I �� (.� I ' (i "' i l 'c5 ( - � c: Ei \ L '� � ci '- a . I � I�� , �� x� ; k� �, I '�I u __ �� I � I ;,� 3 q- =u I c I �, I I �� I I � r��` � A � �a i #R �o � r� � . �`'' l �al � ' � " • I 1 J L------� :-_�---------------� L---- c— �°naeY wn.�a�� •a�2,.;H 5�7£E7 naM�obo� eeaao �� y --- �senrxro- ra.n C .�L � m B B is `�'� •i?01F1 1 S7REfTg 61" 8 mao-� .��r ="° „ , . C ' '. . . 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