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Home My WebLink About[04h] Conditional Use Permit Council Agenda Item 4h MEETING DATE: January 16, 2018 AGENDA ITEM: Conditional Use Permit (CUP): Requested Action: Authorize the Mayor and Administrator to execute Resolution 2018-001 issuing a CUP for the operation of an elementary school st (Lillian Leonard) grades K-3 at 117 1 Ave SE. SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (6-0) st recommends approval of a conditional use permit for a private elementary school at 117 1 Ave. SE. PREVIOUS COUNCIL 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 st existing single family home at 117 1 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, 7am-6pm. There would be one teacher on-site according to the applicant. Conditional Use Permit requests are reviewed for approval based on findings of fact as established within the zoning ordinance. The City may impose conditions on the use to protect the public health, welfare and safety i.e. limiting occupancy. Public Input: The Planning Commission held a public hearing on January 8, 2018 where one neighboring resident voiced concerns with the number of students, increase in traffic, parking, noise, and property values. The applicant also spoke at the hearing saying that she has agreed to a maximum of 20 on-site and the parents would drop off and leave shortly thereafter. ATTACHMENTS: Request for Council Action Application Location Map Resolution 2018-001 REQUESTED COUNCIL ACTION: Accept the recommendation of the planning commission issuing a st CUP to allow an elementary school, grades K-3 at 117 1 Ave SE and authoring the Mayor and Administrator to execute Resolution 2018-001 adopting the findings of fact for the issuance of the CUP. � 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 1st AVE SE 1st Subject AV Property SE Bakers St. E St. Joseph Government Center 1:1,000 December 20, 2017 00.00750.0150.03mi Parcel 00.01250.0250.05km Municipal Boundaries SEH Aerial flight spring 2015 SEHSmartConnectUser RESOLUTION 2018-001 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT FOR THE PURPOSES OF OPERATING A PRIVATE ELEMENTARY SCHOOL. WHEREAS, Amy Bonfig, owner, has properly applied for a conditional use permit for st a private elementary school on the property generally described as 117 1 Avenue Southeast, St. Joseph, Stearns County, 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 ¼ of SW ¼), 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 ¼) 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 ¼ of SW ¼) 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 ¼ of SW ¼) 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” WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional use permit on January 8, 2018, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on January 8, 2018, the St. Joseph Planning Commission reviewed the proposed conditional use permit and adopted Findings of Fact in support of granting a conditional use permit and recommended approval of the request for a conditional use permit to the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby adopts the following Findings of Fact: 1. That Amy Bonfig, hereinafter referred to as “Applicant,” properly applied for a conditional use permit to allow for the operation of a private elementary school. 2. That the applicant appeared before the St. Joseph Planning Commission for a public hearing pursuant to City Code on January 8, 2018 and that said public hearing was properly advertised, and the minutes are hereby incorporated as part of these findings by reference. 3. That the Subject Property is zoned R-1, Single Family Residence District and a private school is a permitted conditional use. 4. 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. 5. That the elementary school will be located within the existing single family dwelling on the Subject Property and will be designed, constructed, 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. 6. 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. 7. That the elementary school will operate year round, Monday through Friday from 7am – 6pm for grades K-3 and 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. st 8. That the existing access from 1 Avenue SE will provide access to the Subject Property and will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 9. 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. 10. 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. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on the aforementioned Findings of Fact, a conditional use permit (“Permit”) to allow for a private elementary school, Grades Kindergarten to Third (K-3) on the Subject Property is hereby granted. 2. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 3. That the maximum occupancy shall not exceed twenty (20) persons. 4. 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 to verify building code and conditional use permit compliance. 5. 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. 6. The City’s sign ordinance shall be met. 7. The property owner will operate and manage the property in compliance with the St. Joseph Code of Ordinances. 8. Revocation: The City Council shall 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. 9. 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. 10. The City Administrator and/or his/her designee shall have the right to inspect the Subject Property for compliance and safety purposes annually or at any time upon reasonable request. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 16th day of January, 2018. CITY OF ST. JOSEPH By Rick Schultz, Mayor By City Administrator Drafted By: City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 320.363.7201