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HomeMy WebLinkAbout[03] February Minutes February 8, 2016 Page 1 of 5 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, February 8, 2016 at 6:00 PM in the St. Joseph City Hall opening with the Pledge of Allegiance. Members Present: Chair Rick Schultz, Commissioners, Gina Dullinger, Steve Olson, Matt Johnson, Daryl Schaefer, City Administrator Judy Weyrens Members Absent: Chad Hausmann Others Present: Evelyn DeSmet, Mike Deutz, Liz Dwyer Approval of the Agenda: Schultz made a motion to approve the agenda. The motion was seconded by Olson and passed unanimously by those present. Approval of the Minutes: Schultz made a motion to approve the minutes of January 11, 2016 with grammatical corrections. The motion was seconded by Schaefer and passed unanimously by those present. Public Hearing, Mike Deutz, Building Exterior Variance: Schultz opened the public hearing to which Weyrens stated the purpose of the hearing is to consider a variance to relieve the exterior requirements of an outdoor mini-storage building. St. Joseph Code of Ordinances 502.58 subd. 9(c)states: Pre-finished architectural metal panels, with a minimum twenty (20)year manufacturer color-fast warranty, may be used as a construction material. A minimum of twenty-five (25%)of the exterior building finish directly facing streets, 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. Pre-cast or cast in place concrete buildings shall provide the same amount of adornment. The property for which variance is sought is located at 819— 19th Ave NE and the request was submitted by Mike Deutz. As no one present wished to speak, Chair Schultz closed the public hearing. Olson stated it would make sense to have the buildings look the same as the other neighboring storage buildings. Weyrens stated the building inspector had suggested the owner use lapsiding. The color would be the same as the other buildings, but the material would be different. He further indicated that the cost of providing the alternative material was nominal. Schultz questioned if the applicant had been given options for completing his project and meeting the Ordinance requirements. Weyrens stated there were options offered, but the applicant wanted to continue with the variance request. Dullinger stated that the Ordinance is there to maintain the character for buildings in different zoning districts and believes the variance is being requested for the landowner's personal preference. Schultz agreed and stated he is concerned with granting subjective variances based on each landowner's preference. Weyrens stated that the city has been consistent in requiring the exterior enhancements for all building expansions/remodels and new construction in the Industrial Park. Dullinger made a motion denying the request for variance submitted by Mike Deutz for the property located at 819 -19th Ave NE. The motion was seconded by Schultz and passed unanimously by those present. Discussion:Johnson believes each request needs to be looked at on a case by case basis. Johnson added that for this request it would make more sense to have all the buildings be exactly the same rather than have one be different. Weyrens stated that the authority to grant a variance is defined in MN Statute and is very specific as to what conditions must be considered when granting a variance. It is for this reason that variances cannot be granted on an individual basis, the same standard must be applied to all equally. The consideration of February 8, 2016 Page 2 of 5 a special use is different as the Ordinance identifies uses that the governing body can apply conditions or restrictions and each use is different. The motion was denied based on the following: 1. The plight of the landowner was created by the landowner and was not due to the circumstances unique to the property. Finding: The property owner purchased the property to add to his existing parcel, to create additional storage units. The Ordinance provision has been enforced equally since adoption and there are no unique circumstances for granting a variance. Rather, the request is for the owner preference which does not meet the criteria identified in MN Statute for granting a variance. 2. The request for Variance would alter the essential character of the locality as it would be inconsistent with the requirements adhered to by the surrounding area. Finding: The City has enforced property owners to meet the exterior adornment requirement when a building permit is requested. The exterior adornment only has to be applied to the new facility that is being proposed, the existing storage units do not need to be modified. Dullinger moved to extend the 60 land use rule for the application for variance submitted by Mike Deutz. The motion was seconded by Schultz and passed unanimously by those present. Public Hearing, Darcy Ruesink, Owner Occupied Rental: Schultz opened the public hearing to which Weyrens stated the purpose of the hearing is to consider an owner occupied rental at 304 Iris Lane Ease. 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. The interim use permit request was submitted by Darcy Ruesink. Evelyn DeSmet, 101 Iris Lane E: DeSmet stated she is the mother of the landowner who could not be attendance. DeSmet stated her daughter's intent is to find a tenant for the lower level to help offset the costs. As no one else present wished to speak, Schultz closed the public hearing. Schaefer moved to recommend the City Council accept the Findings of Fact, issuing an Interim Use Permit to Darcy Ruesink allowing an owner occupied rental at 304 Iris Lane E. The recommended issuance is based on the following decision and conclusion. The motion was seconded by Johnson and passed unanimously by those present. 1. St. Joseph Code of Ordinances 502.27 Subd. 5 provide property owners in a R1 Single Family Zoning district to seek an Interim Use Permit to allow tenants to help defray costs. Said provision requires all owners of the property to reside at the house and limits the number of tenants to three unrelated persons as defined in Ordinance 502.04.31.1. 2. Granting of an Interim Use Permit is a privilege that is granted by the City and reviewed annually for Ordinance Compliance and are therefore issued with contingencies. The Interim Use is being recommended with the following conditions: a. The property owner will complete the license process with 30 days of Council approval of the Interim Use Permit at which time the property shall be in full compliance with the St. Joseph Code of Ordinances, including the maximum density. b. The property owner will manage the property in compliance with the St. Joseph Code of Ordinances. c. The permit shall be reviewed annually with notification in the St. Joseph Newsleader allowing for input from the neighborhood. d. The Interim Use Permit shall expire upon transfer of property. February 8, 2016 Page 3 of 5 Weyrens stated the matter will come before the City Council on March 7th Farmer's Market— Relocate to Downtown: Weyrens stated the Farmer's Market has been looking at options for moving the market to the downtown area. Recently, members from the market have met with the Church of St. Joseph and CSB to relocate the market to the parking lot at the intersection of MN Street and College Ave. Weyrens added that City Ordinance requires the Planning Commission approve the plan for Farmer's Market in the downtown. Weyrens stated that one of the concerns with the proposed relocation is the request to place an accessory building on the parking lot for the duration of the market. The Ordinance does not allow for an accessory building without a principal structure; therefore the Planning Commission should consider if a variance would be required. The market has indicated that the accessory building is built on wheels and could be moved each weekend off the site if necessary. Liz Dwyer, Farmer's Market President: Dwyer stated the Farmers Market Board has been discussing the merits of moving downtown for some time as they feel it may increase the market and increase business for downtown. They have approached the Church of St. Joseph and the College of St. Benedict seeking permission to use the church parking lot at the corner of MN Street and College Avenue. Both the Church of St. Joseph and College have approved the use of their property, contingent upon City approval. Numerous downtown businesses are excited about bringing more people into the downtown area. The farmer's market season starts May 13th and runs through October 21St, with the market being every Friday. Dwyer stated the parking lot would still accommodate ample parking for the College and Church while still allowing space for those attending the market. Schultz questioned how many vendors attend the market. Dwyer stated in the summer there are around 35 vendors. Every vendor booth is 10x10 area. Dwyer also presented the Commission with a map illustrating the space used at the current site, Resurrection Lutheran Church, and how it fits on the St. Joseph Parish site. Schaefer questioned whether the amount of parking available would accommodate visitors to the market. Dwyer felt it would be adequate as it is anticipated that there would be more foot traffic having the market downtown which would hopefully reduce vehicle traffic. Schultz stated he is concerned with the amount of traffic the market would draw to downtown in addition to what is already there for downtown businesses. Dwyer noted that the church had suggested having a crossing guard to direct traffic at the MN Street, College Ave intersection. Dullinger asked how the trailer would be different from any other business wanting to paint a trailer and put it in their parking lot for advertisement. Dullinger added she is leery about having the trailer there and would like to see it moved every Friday. Dwyer stated the market will move the structure during the 4th of July celebration and Millstream Arts Festival. Schaefer stated the Farmer's Market downtown makes sense to him, but there are additional items that raise concern. Dullinger added she is struggling with visualizing the layout of the market and how traffic flow is going to be routed. Johnson suggested rotating the layout of the vendor area to run north/south. That would allow parking for those wanting to go to the downtown businesses without having to walk through the Farmer's Market. Schultz agreed with having the market run North/South as he wants to have parking available to both the Farmer's Market and to the downtown businesses. Weyrens questioned if Dwyer could go back to the Farmer's Market committee to see if the orientation could be rotated. Dwyer stated it is possible but there is the concern of having accessory traffic driving close to where the market will be, creating a safety concern. Dwyer stated they are very flexible as to how they would orientate within the spacing as far as having their backs face each other rather than face Minnesota Street. The market shed houses the market manager who takes care of the EBT and credit card machine. Signs are stored there as well. February 8, 2016 Page 4 of 5 Schulz questioned how much visibility the market needs. Dwyer stated having more visibility will make those who are afraid of moving the market feel better. Dwyer added that farmer's markets thrive off of happenstance with people that are just passing through; stopping in. Dullinger noted in the Ordinance it states that only produce can be sold at farmer's markets and questioned whether other products were currently being sold. Dwyer stated there are other items such as pottery that are being sold. Dwyer questioned the interpretation of the word produce as it could very well mean items that are not food. Olson stated that ultimately, the parking lot belongs to the Church and they decide who uses and occupies it. Olson added that Friday nights may get busy, but people are going to have to park further away or get there earlier to find a parking spot. Olson made a motion approving the relocation of the farmers market to downtown. The motion was seconded by Schaefer and passed unanimously by those present. Cont'd Deutz Variance: Michael Deutz approached the Commission regarding his variance request. Schultz stated that the hearing has already been closed, and the Commission requested the City Council deny the variance request as it did not meet all the statutory requirements. Olson stated that according to the League of MN Cities, which includes the state statute, there are certain requirements that need to be met and it was found that the request only met one of the three. Deutz stated his intention was to make all the buildings look the same. Zoning Amendments: Weyrens stated staff has been discussing zoning ordinances that need to be amended. For example, the zoning ordinance for the R4 Zoning District does not allow for bonus rooms above the garage. Weyrens added there have been several requests for the bonus room that have been denied due to the ordinance language. If the bonus room were allowed, then the home would no longer be a patio home as it would become a two-story home. Schaefer stated he would allow a bonus room for the area above the garage, if there is enough space to do so. Johnson stated that the majority of people living in the patio homes are in the 55+ age bracket and most would use those rooms for when family comes back home to visit. Council Liaison Report: Schultz reported on the following: • The City Council has hired a Community Development Director and she will start on April 4, 2016. • Area legislatures came and met to discuss the CR75 pedestrian bridge. • The Council met and approved a lease agreement with the Rec Association for the Millstream Ball Fields. Both softball fields will remain, the campgrounds will be closed, and the discussion is continuing on where the Volleyball Courts will be placed. The Rec Association would run the volleyball league. For 2016, there is going to be a Co-Rec, double header, and men's league nights for softball. • The Council also approved new utility rates for 2016. There will be increases but not as much as was proposed by the consultant. • The bid opening for the Government Center will be March 2nd at 2 PM. • The final plat for Kwik Trip was approved and the demolition should be starting in early spring. • Schultz stated he would like to have another all boards meeting to discuss where each committee is at and what to look forward to for 2016. Dullinger questioned if anyone has heard more on Metro Bus coming to St. Joseph. Weyrens stated she reviewed the survey conducted for City residents, but has not heard anything after that. Schultz stated he received an email from a parent regarding the traffic at Kennedy School. The City Engineer is submitting two proposals regarding a new proposed layout for access in and out of Kennedy. February 8, 2016 Page 5 of 5 Dullinger added that the drop-off at All Saints is a nightmare for parents. Visibility is very poor especially with the parking on the street.Weyrens stated that the signage installed has not helped and the situations are getting worse as times goes on. Adjourn: As all agenda items were completed, Schultz adjourned the meeting at 7:33 PM. Judy Weyrens Administrator