HomeMy WebLinkAbout2016 [02] Feb 08 February 8, 2016
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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 Qullinger, Steve Olson, Matt Johnson, Daryl
Schaefer, City Administrator Judy Weyrens
Members Absent: Chad Hausmann
Others Present: Evelyn DeSmet, Mike Deutz, Liz Dwyer
A�provai of the A eq nda: 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; afuminum; 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— 19'h 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
alf 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 exactfy 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
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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 additiona/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 Hearinq Darcv 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 afl 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, 109 lris 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 lnterim 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 shaN be in full
compliance with the St. Joseph Code of Ordinances, including the maximum density.
b. The property owner wiJl 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.
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Weyrens stated the matter will come before the City Council on March 7tn
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 Coliege Ave. Weyrens added that City Ordinance requires the Planning Commission approve
the p{an 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 215', with the market being every
Friday. Dwyer stated the parking lot would stili 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. Duflinger added she is leery about having the t�ailer there and
would like to see it moved every Friday. Dwyer stated the market will move the structure during the 4`h 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 tra�c
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. Qwyer 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.
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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. Oison 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.
Zoninq 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 roo►1i 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 arld
most would use those rooms for when famify comes back home to visit.
Council Liaison Reqort: Schuitz reported on the following:
• The City Council has hired a Community Development Director and she will start on April 4, 2016.
• Area legisiatures 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 wiil be closed, and the discussion is
continuing on where the Volleyball Courts will be placed. The Rec Association wouid run the
volleyball league. For 2016, there is going to be a Co-Ftec, 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 wili 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 ali 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 Kerinedy.
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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 a a items were completed, Schultz adjourned the meeting at 7:33 PM.
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