HomeMy WebLinkAbout[04] Variance, Eiynck 4
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TOWNSHIP C)F CITY OF ST.JOSEPH
SAI1�1T 10SEPH Po eoX 668
PO BOX 585 St.Joseph MN 56374
St.Joseph MN 56374 320-363-7201
320-363-8825 Jweyrens@cifyofstjoseph.com
MEETING DATE: April ll, 2017
AGENDA ITEM: Public Hearing,Variance—Accessory Building Location
31897 Cedar Ridge Road
Randon and Tracy Eiynck
PREVIOUS JOINT PLANNING BOARD ACTION: In 2012 the Joint Planning Board approved a
residential subdivision entitled Sunset Ridge. The development included twelve(12) single family lots
located on large lots. While the lots are large, many contain building impediments. At the time of
approval a development ageement was executed and recorded. The agreement identified building lots
that contained restrictions.
BACKGROUND INFORMATION: Randon and Tracy Eiynck have submitted an application to
construct an accessory building closer to the road than the house. This is a similar request that was
considered and approved by the JPB for another property owner in the same development. In the matter
if Eiynck's,their lot is over 8 acres and of that acreage, only 18,248 square feet is developable(less than
one half an acre).
The accessory building is placed in the only practicable location and will be used solely for residential
purposes and will be constructed with similar type materials to match the primary structure. The structure
will also be located behind a tree line and during the months where there is foliage,the accessory building
will not be as visible from the street.
The granting of a variance requires the highest degree of findings and should only be approved when the
statutory requirements are fulfilled. The requirements are identified in number 8 of the draft findings.
Based on the topography of the property,there are practical difficulties that are not the result of the
property owner.
ATTACHED INFORMATION: Public Hearing Notice
Application
Site plan
Draft Findings
Extract of MOU
Extract of Development Agreement
REQUESTED ACTION: After closing public hearing authorize execution of findings of fact either
approving, denying or tabling.
If the motion is to approve, draft findings are included in the material and additional facts can be added
after the public hearing is closed or additional facts can be added from the Board Members.
If the motion is to deny, findings of fact must be specific as to the reasons far denial and each person
voting to deny must publicly state the reason for denial.
TQWNSHIP OF �,h�.,��,_.�-��l�
SAINT iOSEPH '`�'
CITY OF ST.JOSEPH
PO BOX 585 75 Callawoy St E
St.Joseph MN 56374 St.loseph MN 56374
320-363-8825 320-363-7201
lweyrens�cltyofslJoseph.com
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that the Joint Planning Board of St.Joseph Township and the City of St.
Joseph will be conducting a public hearing on Tuesday,April 11,2017 at 7:15 PM at the St.Joseph
Government Center, 75 Callaway St E. The purpose of the hearing is to consider issuance of a variance
to allow the construction of an accessory structure closer to the road than the residential dwelling
The request for variance is in accordance with the terms of the Joint Orderly Annexation Agreement,
recorded document#A1338765,Attachment 2 [a] 1,whereby a residential accessory building shall meet
the road setbacks and in no case shall be located closer to the road than the residential dwelling. "The
property under consideration is located at 31897 Cedar Ridge Road, St. Joseph MN 56374, legally
described as Lot 002,Block 001 Sunset Ridge, The request for variance has been submitted by Randon
and Tracy Eiynck,31897 Cedar Ridge Road, St.Joseph MN 56374.
Publish: March 30,2017
SA`INTHIP OF ��
JOSEPH ApPNptan reo�uaQ byy�`�"o�
CITY OF ST.JOSEPH
Po soxsss ��x�
St.Jo�+eph MN 56374 St Jaseph MN 56374
320.363-8g25
3zass�-�m�
�w�er„�ns�derM�lasron.con,
APPLlCATION FOR VARIAN .F
� Application forAdministrative Zoning Variance L�st the Artide(s)and Section(s)of the Land Development Code the apphcant is
� Application for MajorZoning Variance �king a vanance from:
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� ApplicadonforFloodplainManagementVariance A Land ua�au�d 2o�.��g ord��a.�c� (�raJis�p�j
� �►PplicaGonforScenicRiversVariance 1- Res'da,�,�,�(, acc�ssory bU,;;d�y S1�a.lt ndt be laca}e�
� C��ser tti �'he ro,,;� -rha.� �'he res���;a,l d�e�!��y.
APP�ication for 3horeland Management Variance
� Application for Subdivision Regulations Variance
REQUIRED APPLICATION INFORMATlON
aaPucar�r iNFORNwTioN:
Name(s): •� �rO�C l-1
Address.CrtY,State,and T�p Code: 31 gq 1 C 2�0.� �t P�Ca Q R(.i �"�' J�St�, NI 1 1 J�0 7�
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Phone Number(s): 32U 3--5�`3O �3[�J4�Z•�2$3Z E-madAddress.�'f'r (b 2�1��10-}
° ►'�'�0.i�• Pom
PROPERTY OWNER INFORMATION: Sa,� �S �p'� �� )�� �b��
Name(s):
Address,City,State,and Zip Code:
Phone Number(s).
E-matl Address:
Street Address of Subjact Propeity_ 3 J g�7 GQ p�Gt r ���� R OcL�
ApplicaM's Intereat in Subject Property; � CoMractual(Attech Evidence) � Freehold
Tota�Area(Acres or Square Feet)of Subject Prope�ty $."7$ a�;rE S
Complste Legal Deacri�on oi Subject Property:
Lo� Z �io� I s�nns�+ r�d�
S��huw��3 -�zy— �Z9
1.Stete exectly what is intended to be done on or with the propeRy which dces not conform wrth the present Land Development Code.
�e +� wet�a,-,d re�M;�fiohs, �e o►,�y oPt,o� �vr bu�lc��n o�n acce.s,�or °
loc a�p�, �lu �r +t� '�'In roa ` r b���d�v� iS �n cY
5 e c� �'hu.v� Ou-r resi�ai �W�ll�i�.
2.What reasonable use of your property is lost(practical difficulties)by the stnct enforcement of the Land Development Code?Please distmguish
loss of property rights from personal preference
Wl'. wlo��u� v�ofi�oe abie �a bu�'�d �.n CI �Cf S,Sory lo�.�.�ldi� �IJ�IwI��.r� ('e.St�=�c��v�,( .
3. Please anawerthe foliowiny questions as they relate to your specific variance requsat:
A In your opinion,is the variance in harmony with the puiposes and intent of the Land Development Code� No
Why or why not?
�II QxtC�'�ur� r•tilt t�na}� �hat o� 11�e, t;ur✓�e,�t reSic(�,r,�aR d�e,tl�r� b�#ec�v:� 7h.is
�p�+y.
B_ In your opinion,ia the variance cortsist�t with the Comprehenafve PIan4� � �Y o��Y�
Our h�� and re��� d.��a.( ac ces;sb�/ bu� id�n, �.t
Cdit$t S�{' Wlth �� '�.Q�9h,�vr�Doc� -
C. In your opinion,dces the proposal put property to use in a reasonable mann Yes No Why or why not.
jh�i,� pues.sury 1���fd�n� wc�,,,�,� u.fiShQe�O�- c�.«c�.l'dr,'veway
D. In your opinion,are there arcumstances unique to the properry? es No Why or why not.
�x+Ye.me�y ►�m�ted �� ava���a,b�e. bu�d��� s�tes�s�ie, �lu.e.�b we.t�a.nc(
ces�r�c,t��,s.
E In your opinion,wdl the variance mainte�n the essential character of the locelity? Yes No Why or why not.
�y�, v�o no+ �n+end �� d�s+�b the natl�rc�l treel�✓�z�Veyefiu,�a� b�ee.n 'i'h��t bu�ic��� s�+e
a�c! �'he, road.
The Zoning Board of Appeals must make an�rmative finding on all of the five criteria listed above in order to�q rrt a
variance. The applicant for a variance has the burden of proof to show that all of the criteria liated above have k�dn satisf�.
I HEREBY CERTIFY THAT I HAVE READ,EXAMINED,AND UNDERSTAND THlS APPLICATION ANO THAT THE INFORMATION SUBMITTED
HEREIN AND ATTACHED HERE70 IS TRUE,ACCURATE,AND CORRECTLY STATES MY INTENTIONS.
ApplicantSignature(s PrintNeme Rd.+�c�oh �J�r�k�l�ra�y��y'8� ,3 2,p t
� � e
Property Owner S�gnature(s) _ Print Name_ I-1 I"I Date 3 �
R«�,don t t�cy erynuc
��yn�k
STAFF USE ONLY:
Application Fee Reoeived by Date Received
Request for variance from A�ticle ,Secfion for the Land Development Code requires
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STATE OF MINNESOTA ST.JOSEPH JOINT PLANNING BOARD
COUNTY OF STEARNS VARIANCE PROCEEDINGS
In the matter of
A request for Variance submitted by Randon and Tracy Eiynck to allow the placement and construction
of an accessory building closer to the road than the principal structure was considered by the Joint
Planning Board on April 11,2017. The matter was duly published and notice was provided to property
owners within 1020 feet of the above referenced property.
PROPERTY ADDRESS: 31897 Cedar Ridge Road
PROPERTY LEGAL DESCRIPTION: Lot 002 Block OOl Sunset Ridge
The St. Joseph Joint Planning Board acknowledged the following Findings of Fact in consideration of
the request far Variance to allow for the construction of an accessory building closer to the road than the
principal structure:
1. The subject property is located in the Orderly Annexation Agreement between the City and
Township of St. Joseph and is zoned R5.
2. In 2012 the Joint Planning Board approved a residential subdivision entitled Sunset Ridge
which included twelve(12)single family lots.
3. The Subdivision Development Agreement included a provision identifying the limitations of
the subject property due to large amounts of wetland, limiting the buildable site to 18,248
square feet.
4. Included in the Orderly Annexation Agreement is a MOU which identifies land use
management guidelines and restrictions.
5. Item No. 2 of the Attachment in the Orderly Annexation Agreement MOU states: Residential
accessory buildings shall meet the road setbacks and in no case shall they be located closer to
the road than the residential dwelling.
6. An application has been received by Randon and Tracy Eiynck to allow the construction of a
residential accessory building before the principal structure.
7. The site plan submitted for consideration by the Joint Planning Board was conceptual in
nature only. The placement of all buildings must meet the setback and lot requirements as
determined by the St.Joseph Township Building Official and/or Stearns County
Environmental Services.
8. Granting of a variance is controlled by MN Statute 394.27 Subd. 7 and requires the applicant
to meet ALL the following criteria:
a. The proposed use is allowed in the Zoning district in which the subject property is
located.
b. The proposed use is in harmony with the general purposes and intent of the official
controls.
c. The variance must be consistent with the comprehensive plan.
d. The variance may be granted IF there are practical difficulties in complying with the
official control.
i. The property owner proposes to use the property in a reasonable manner.
ii. The plight of the landowner is due to the circumstances unique to the
property and not created by the landowner.
iii. The variance, if granted, will not alter the essential character of the
localiTy.
iv. The need for variance involves more than economic conditions.
DECISION AND CONCLUSION
Based on the Finding of Fact,the St.Joseph Joint Planning Board approves the Variance as
requested by Randon and Tracy Eiynck to allow of an accessory building closer to the road than the
principal structure at 31897 Cedar Ridge Road based on the following findings:
1. The topography of the property limits the area in which the accessory building can be located
and the property owner has placed the accessory building in the most practicable area.
2. The property owner is not deviating from the intent of the restriction requiring placement of
the accessory building behind the main structure. While the building is physically in front of
the main structure it will be placed behind trees, limiting the viewshed. Therefore the intent
of the MOU requirement is not deviated.
3. In reviewing the variance in relation to MN Statute 394.27 Subd. 7 the board finds:
a. The proposed use is consistent with uses allowed in the R4 Zoning District and provision
of the MOU included in the Orderly Annexation Agreement.
b. The proposed use is in harmony with the general purpose and intent of the R4 Zoning
District and provisions of the MOU included in the Orderly Annexation Agreement..
c. The variance is consistent with the Comprehensive Plan, allowing for accessory
structures within a residential district, and not deviating in size.
d. Practical difficulties exist in applying the strict standards of the Ordinance and MOU,
which include:
i. The property owner purchased a large residential lot that would accommodate a
large accessory building and home and is requesting to utilize the property in the
same manner as adjoining properly owners.
ii. The subdivision entitled Sunset Ridge contains natural elements that create
building impediments and the property owner has placed the buildings in a
manner which disturbs the least amount of natural resources.
iii. Section 3.4 [b] of the executed/recorded Development Agreement for the Sunset
Ridge Subdivision identifies the lot limitations for the above described property.
While the property is 8�acres, only 18,248 square feet is developable, limiting
the location of any accessory building.
The Variance is approved with the following contingencies:
1. The accessory building will be construct so that it is harmonious with the principal structure
being constructed of similar material and color.
2. The accessory building can only be used for personal use. If the property owner intends to
use any part of the accessory building for home business or extended home business a
separate special use permit must be secured as required by the MOU in the Orderly
Annexation Agreement.
2. The Variance Permit is separate an independent from the building/lot requirements. The
residential accessory building must meet all the land use requirements as identified and
required by Stearns County Environmental Services and the Building Inspector for St. Joseph
Township
Adopted this l lt''day of April; 2017.
ST. JOSEPH JOINT PLANNING BOARD
By
Rick Schultz, Chair
By
Judy Weyrens, Secretary
Drafted by:
City of St.Joseph
PO Box 668
St.Joseph MN 56374
320.363.7201
. . ,� .
ATTACHMENT 2
A. La'rd[Ise and Zo+ei�g Ordinance Provisions
1. Residential aoassory buildings shall meet the road setbacks ar�in no case
shall they be located closer to the road than the residentisi dwelling,
2. No residential eccessory building shall be located on a lot prior to the location
of a residmtial dwelling on the sarne lbt.
3. Any mar►uf�ured home to be usod as a r+esiden6al dwelling wut and Iocatod
within the Urban Expansion Zone shall be no less than 24 f�eet in width and
shall�iear the Seal of CompIiancx issual by the State of Miiutesota Residet�tial
dweliing units shali b�no less thsa 24 feet ia width.
4- The transfer af resideatial development rights within the Township is �
pmhbited in the OA at+ea.
5. The trsnsfGr of nsida�tial developinent rights fi+om another Township into St.
7oseph Township is�ohibited in the OA area.
6- The transfer of nsidential ckvefopraaat rights fe+om S�Joseph Township into
�Township is pmhibited in the OA area.
�. The following�sos(as such ane defined ia the Sttarns County I.ae�Use and
Zoning Ordinance)which are pamitted or provisional uses in the Urban
Expansion District shalt require a oonditional wse permit in the OA An�:
a Ante�nss—TV/Radio Roaiving,Siwrt WavdPrivate Trmsmittiag
b. F.samtiai Services,Transmission Servioes and Utility Subsmtiona
c. Animai Faedbt acpensians
d. Bed and Brealcfast Ians
a Governmeat administrative aad servioe buildings
; f Home extepded businessea
� g. Home oxupations
i h. Outdoor roc�eational faeilities
i. Acoess�ry agric�ltnral buildings that ac+e�sory to aa Agric�ltwal
UPeration
j. Ac�ceasory tesick,c►tisl buildings
k. Keasefs—privat�
f. Solar s�+sTems
m. Stivcbn+es rclated to public sirports
n• Any other uses detamined by the Joint Planning Bos�d to be similar in
nuture aad imp�ct to the paaeitted or oonclitionst uses enu�eratat
� he�+cin and which are in harmony with ti�e City of S�Joseph
Comprr�easive Plan.
8. The following uses as such are defincd in the Stearns County Land Use and
Zoning Ondinance)whicd�are paraitted or provisional uses in the Urban
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3.2 Wetlands. The developer shall be allowed the deminimus exemprion found in
Minnesota Rules 8420.Q420, subpart 8; or successor rules for the development of
Lot 2,Block 1. Wetland A as identified on the Final Plat may be drained or filled
up to 2,000 square feet and no further Wetland impact is allowed unless it
complies with the MN Wetland Conservation Act.
3.3 Construction Site Mana eg�ment• Construction site Best Management Practices
(BMPs) shall be required during construction of any new structure in accordance
with Secrion 7.]0 of the Stearns County Land Use and Zoning Ordinance 439; or
successor Ordinance.
3.4 Lot Restrictions. Due to the topography and site characteristics,the following lots
contain building restrictions:
a. Housin Pad Elevation Limitation on Lots 2 and 11 Block 1. Due to the soil
type on Lats 2 and 11,the bottom floor elevarion for the residential dwelling is
restricted to one(1) foot above the ground water table or redoximorphic
feature unless:
i. The property is developed with an engineered groundwater drainage
system that adheres to a plan developed by an enginee�'licensed in the
State of Minnesota or an equivalent will be allowed as approved by
Stearns County Environmental Services. In this case the building permit
will not be released without written approval by Stearns County.
b. Lot 2 Limitations. Lot 2,Block 1 of Sunset Ridge cantains a large amount of
wetlands limiting the building pad location and size. After deducting the
wetland and sewage treatment areas,the building area is limited to 18,248
square feet. All buildings,principal and accessory must be contained within
the building azea.
3.5 Lot Exemmptions. Due to the site topography, site characteristics and required riglit
of way dedication,the following exemptions are allowed on lots 2,3, 9 and 10.
a. Seutic Location Lot 2 Blocic 1: Site limitations on Lot 2 Block 1 of
Sunset Ridge limit may require septic systems to be loca.ted within the
drainage and utility easements. When utilities are extended the systems
will be removed and the properties shall be served with municipal water
and sewer.
b. Road Inslone Reauirements Lots 2 3,9, 10 Block 1. The construction
standazd for road inslopes is a ratio of 4:1;however,in an ef�ort to
preserve natural elements such as groves of oak trees,the road inslopes on
Lots 2,3,9, and 10 may be reduced to 3:1. The reduced slape requirement