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Home My WebLink About[06] Public Hearing, CUP Lillian Leonard Primary crrxOFlIT.,T06N'PH Planning Commission Agenda Item 6 MEETING DATE: January 8,2018 AGENDA ITEM: Public Hearing,Conditional Use Permit(CUP)Request Lillian Leonard Primary, 117 ls�Ave. SE SUBMITTED BY: Community Development STAFF RECOMMENDATION: Approve Findings of Fact and Decision recommending the City Council grant a CUP allowing an elementary school. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION:Amy Bonfig,owner and applicant has requested approval of a conditional use permit to operate a private elementary school(Lillian Leonard Primary),grades K-3 in the existing single family home at 117 1 S�Ave. SE. Lillian Leonard Primary opened in 2017 and operates in the Colts Academy building just southeast of the subject property.Currently,they offer schooling for grades K-1 and would continue to operate in their current location in addition to the home.The home is one level and is approximately 2,000 square feet with the attached garage.The applicant is proposing to convert the attached garage as school space and would add fencing,landscaping and signage in the spring. The property is zoned R-1 Single Family Residence and the City's zoning ordinance allows a private school as a permitted conditional use. The applicant is proposing to operate year round Monday—Friday,?am-6pm.There would be one teacher on-site according to the applicant. Conditional Use Permit requests aze reviewed for approval based on findings of fact as established within the zoning ordinance. ATTACHMENTS: Request for Planning Commission Action Findings of Fact and Decision Application Location Map Public Hearing Notice REQUESTED PLANNING COMMISSION ACTION: Motion 1: Move to Approve/Table/Deny Findings of Fact and Decision recommending the City Council issue a Conditional Use Permit to allow an elementary school,grades K-3 at 117 lst Ave. SE. City of St. Joseph IN RE: FINDINGS OF FACT Application of Amy Bonfig AND DECISION Conditiona/Use Permit at 11715�Avenue SE Private E/ementary School FINDINGS OF FACT On January 8, 2018,the St.Joseph Planning Commission conducted a public hearing to consider the application of Amy Bonfig, owner for a Conditional Use Permit to operate a private elementary school,grades K-3 at 117 1�Ave.SE,St.Joseph Minnesota and legally described as follows: The Southerly 104 feet of the Easterly 209 feet, less that part now used for Street Purposes in Lot Thirty (30), all in Auditor's Subdivision No.4, in the Village of St.Joseph, being a part of the Northeast Quarter of the Southwest Quarter(NE%of SW'/),Section Ten(10),Township One Hundred Twenty-four(124) North, Range Twenty-nine(29)West; LESS AND EXCEPT:That part of Lot Thirty(30),Auditor's Subdivision#4 situated in the Southwest Quarter(SW'/<)Section Ten(10),Township One Hundred Twenty-four(124), Range Twenty-nine(29),Village of St.Joseph,described as follows: Beginning at the Southwest corner of the Northeast Quarter of the Southwest Quarter(NE%of SW'/<)of said Section Ten (10),Township One Hundred Twenty-four(124), Range Twenty-nine (29),said corner being at point of intersection of South boundary line of said Lot Thirty(30)with Westerly boundary line of Loso's First Addition extended Southerly;thence North on said Westerly boundary line of Loso's First Addition extended, said boundary line being West line of Northeast Quarter of the Southwest Quarter(NE%of SW%)of said Section Ten(10), 104.26 feet;thence North 89 degrees 23 minutes East a distance of 120.71 feet;thence South 02 degrees 46 minutes East a distance of 104.29 feet to South boundary line of said Lot Thirty(30);thence South 89 degrees 23 minutes West on said South boundary line 125.74 feet to the point of beginning. "Subject Property" The St.loseph Planning Commission hereby adopts the following Findings of Fact: 1. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 2. That the Subject Property is zoned R-1 Single Family Residence District,and a private elementary school is a permitted Conditional Use. 3. That the conditional use will not be detrimental to or endanger public health,safety, morals, comfort,or general welfare of the neighborhood and will be harmonious to the to the objectives of the Comprehensive Plan of the City. 4. That the elementary school will be located within the existing single family dwelling on the Subject Property and is designed and constructed and will be operated and maintained so as to be harmonious and appropriate in appearance with character of the area and will not be hazardous or disturbing to existing or future neighboring uses. 5. That adequate utilities and services, including utilities,streets,drainage and other necessary facilities have been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. 6. That the elementary school will operate year round, Monday through Friday from 7am— 6pm for grades K-3 and that the conditional use will not involve activities, processes, materials,equipment and conditions of operation that will be detrimental to any persons, property,or general welfare because of excessive production of traffic, noise,smoke,fumes, glare or odors. 7. That the existing access from 1n Avenue SE provides access to the Subject Property which will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 8. That one teacher will be on-site and the existing driveway will provide sufficient off-street parking and loading space to serve the proposed use. 9. That the conditional use will not result in the loss or damage of natural,scenic or historic feature and the soil conditions are adequate to accommodate the use. DECISION Based on the Findings of Fact,the St.Joseph Planning Commission recommends the St.Joseph City Counci{issue a Conditional Use Permit for a private elementary school,Grades Kindergarten to Third (K-3) based on the following conditions: 1. The property owner is responsible for meeting all Federal,State, Local, and City requirements and obtaining any and all permits and licenses. 2. The property owner must submit to the City an affidavit of signature annually on September 1 verifying on-site occupancy information including but not limited to students and employees on-site. 3. A building permit will be required prior to the renovation for the change in use and prior to converting the garage space to school space. 4. The City's sign ordinance shall be met. 5. The property owner will operate and manage the property in compliance with the St.Joseph Code of Ordinances. 6. Revocation:The City Council shal{revoke a conditional use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with.A certified copy of an order of the City revoking a conditional use permit shall be filed with the County Recorder for recording. 7. Expiration: If within one (1)year after issuance of granting a conditional use permit the use permitted has not started,then the permit is null and void, unless the City Council has approved a petition for an extension.The conditional use permit shall expire if the authorized use ceases for any reason for more than one (1�year. 8. The City Administrator andJor hisJher designee shall have the right to inspect the premises for compliance and safety purposes annually or at any time upon reasonable request. Whereupon said Findings of Fact and Decision was declared duly passed and adopted by the St.Joseph Planning Commission this 8t"day of January,2018. CITY OF ST.JOSEPH Sy Planning Commission Chair By Therese Haffner,Community Development Director � f � City of S�Joseph ...�,:��=�Kr,��,,� Application for Conditional Use Permit �i1Y OF ST. JOSEPH A�l;�,t Amy Bonfig Phone: 3202917099 E„�;l: liliianleonardblackboard@gmaii.com Mailing Address: P� Box 285, St. Joseph, MN 56374 �.�,� Amy Bonfig Phone: Same E�;,. Mailing Address: PROdECT INFORMATION: r - Project/DevelopmentNameLillian Leonard Primary Project Location '� 17 1 st Ave SE, St. Joseph, MN 56374 � Parcel Identification Number(PIN): �•53452.��0 Legal Descriptaon of Property(attach a separate document if needecp: secrrow�o roNnasi+x��za annioe oze.�o�s��r�ar��oF cao� oF i.rar so�ar o3o suennns�co e�oo�susonnsioN wu�nw�wa Putpose of Conditional Use Pernnit: Homeschooi elementary children , K- 3 Hours of operation,including days and cimes:�anuary-January, Monday-Friday, 7am-6pm Submtssion Reqnirements: Application for a Conditional Use Pernrit shall be on this form and include tbe establislied application fe+e.The application and copies of the site plan shall be submitted three(3)weeks prior to the next Planning Commission meeting.Ten(10) l lxl7 copies of the site plan drawn to scale,along with an electronic copy to scale showing the property dimensions,wetlands,flnodplains,grading and drainage,landscaping,location of utilities,location of all existing and praposed buildings and their sizes,including square footage;location of all existing and proposed curb cuts,drivewa3's,access roads,Parking sQaces,off-street loading ac+eas,aud siclewallcs must be St lase0h APP1kaGinn Corrd/tlono!Use... •.••...••I.•••••�•..�,.•...,•,•••...1._ ._..M. Po��3 r submitted in the initial application. The City may request additional data deemcd reasonable and nece.gsary related to the conditional use. A written natrative uutlining the Conditional Use re,quested,along witli any infonnation elcplaining the operation is required ta be submitted as part of your application. Review and Decision by the City Councll. T'he City Council sl�all review the application after the Planning Commission has made its recomn�endation and will make a final determination to either approve or deny the application.In the grantimg of approval,the Cifiy Council may impose conditions regarding the location,charncter and other features of the proposed building, structure or use as it may deem necessary. This application must be signed by atl owners of the subject property. We,the undersigned,have read and imderstand the above and that we are responsible far reimbursing the City for any additio�allegal,engineering,building inspection or planning fees related to the Conditionai Use. G--1 r� � of Appyli t D� Signature of Owner(s) �� FOR OFFICE USE ONLY Fee:�SS00 Paid '•� ('� fL S�/.�- Date application submitted: � Date application completed: / 5 t 1 Planning Commission Recomme dation: Approved Denied Date of Action; City Council Action: Approved Denied Date of Action: Date ApplicantJProperiy owner notified: st Joseph app►karlon coee(tfawl use . _ M� P��e�4 � 117 1�Ave SE, St Joseph Lillian Leonard Primary Schoolhouse Proposal The house is approximatefy 2Q00 sa{ft with the garage.There is no basement. We are converting the garage into usable space (adding eleatric baseboard heat and leaving garage doors in place and insulating from the interior) and wil! have the house painted, add fencing, a sprinkfer system, nic� landscaping and a smali sign in the spring. No other major upgrades. We have atready updated electricai outlets and added hardwired smoke and carbon monoxide detectors. CUP Request, 117 1 st AVE SE . � ,- ,�� #► .r;'�:. � � � � I� ' ^� 1t � � �� e: �� . � ' _'� �� '��rt—��=� . . _ ,� .�, ..W� � . � � � *. .. � , � _, , „ . � � ,�� '��, '�� . � � � t�'%j �. �, �,� . � , . .� � ' W _ , .. . „ , � �,� , � � . � . ..�� , .. . ,�„„ _ . ., � �'�, ` F°� .� �,_ ,�.: �' ,� '"". � `^�. .;,o.�,� ' .�r ,� �� ' � �,v .' _ � �•*R, ' , ,� _... .,� ,� � , -.f�.� '�iw �� '��,�'�I �� t�a`R_ `,w'` L � "'�,^- ,� '� ` �'�]J P � ,�;! . � .y,�ee�' ' .� � '� �� w�' i �' �ym ,t"�' � �0. " .��;'.: . " ' � � �. � ��~ '��►c _,��.:r � ��. . .s� � -•�- � _� .��.. � �� .�,~ . � � �. 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December 20,2017 1:1,000 0 0.0075 0.015 0.03 mi Pa rcel 0 0.0125 0.025 0.05 km �_� Municipal Boundaries SEH Aerial flight spring 2015 SEH SmartComect User SEH �� JL ��o �� www.cityofstj oseph.com City of St.Joseph Notice of Public Hearing Conditional Use Permit Adm�n�strator 'I'he St. Joseph Planning Commission sha11 conduct a public hearing on Monday, January 8, 2018 at 6:00 PM or as soon thereafter as the matter may be Judy Weyrens heard at the St. Joseph City Hall, 75 Callaway Street East. The purpose of the hearing is to consider a Conditional Use Permit to allow an elementary school, grades K-3 in the existing home located 117 1 St Ave. SE, St. Joseph, MN as Mayor submitted by, Amy Bonfig, owner and applicant. The property is legally described as the S'LY 104.27' of E80' of Lot 30 of Auditor's Subdivision No. Rick Schultz 4, Stearns County, Minnesota. Councilors Judy Weyrens Troy Goracke Administrator Matt Killam publish: December 29,2017 Bob Loso Dale Wick 75 Callaway Street East • Saint Joseph, Minnesota 56374 Emai1 cityoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342 Thispageintentionally leftblank