HomeMy WebLinkAbout[03] Public Hearing, IUP & CUP
CITY OF ST. JOSEPH
PO BOX 668
St. Joseph MN 56374
PO BOX 585
320-363-7201
St. Joseph MN 56374
Jweyrens@cityofstjoseph.com
320-363-8825
MEETING DATE: February 13, 2018
AGENDA ITEM: Public Hearing, Interim Use Permit - Secondary Residential Dwelling Unit
Public Hearing, Conditional Use Permit – Home Extended Business
BACKGROUND INFORMATION: Anne Meyer Jarrell, applicant, and Raymond and Jacqueline
Meyer, property owners are requesting approval on an interim use permit to allow for a temporary
secondary residential dwelling unit at 29482 County Road 121 in addition to approval of a conditional use
permit to allow a home extended business in the existing barn on the property. The 68.83 acre parcel is
within the orderly annexation area and zoned Urban Expansion. The City’s future land use plan guides the
property for low density residential. According to the future transportation plan there are no future
roadways planned. Upon future development, the appropriate right of way and public improvements
(streets and utilities) in conjunction with plat approval would be required.
Anne Jarrell who is the daughter of Raymond and Jacqueline Meyer is proposing to convert a 26’x40’
shed into a temporary home where she would reside with her husband and child. A secondary residential
dwelling unit is a permitted interim use within the Urban Expansion District provided it is accessory to an
agriculture operation. The secondary single family residential dwelling unit may be occupied by persons
who are engaged in the occupation of the farming on the premises or a family member. Additionally,
Anne Jarrell is requesting the approval of a conditional use permit to allow her to operate an extended
home business to teach art classes and have pottery sales. The orderly annexation agreement and
memorandum of understanding between the City and Township allow a home extended business as a
conditional use.
The Joint Planning Board may impose conditions on the uses to protect the public health, welfare, and
safety i.e. establish hours and days of operation, limit class size, etc. Interim and conditional use permit
requests are reviewed for approval based on findings of fact as established within Stearns County Land
Use and Zoning Ordinance 439.
SITE INFORMATION
Location: 29482 County Road 121
Zoning: Urban Expansion District
Department/Agency Comments: The submitted land use requests have been forwarded to the Township
Building Inspector for review and comment.
Areas of Concern: There are no areas of concern in the vicinity of the proposed new home and the existing
barn site.
Access: The existing driveway will provide access to the new home and the existing barn.
Lot Coverage: Impervious lot coverage cannot exceed 25%. This will be met.
Wetlands: There are wetlands on the property but the uses would be in the existing farmyard where there
will be no wetland impact.
PERFORMANCE STANDARDS FOR SECONDARY RESIDENTIAL DWELLING (Section 6.56.1
Ordinance 439):
A. Accessory to Agricultural Operation: There are approximately 69 acres, excluding the farmyard,
of tillable farmland for crop and vegetable farming.
B. Setback Requirements: The proposed dwelling will meet all setback requirements. There are no
animal feedlots within 700 feet of the parcel.
C. Person’s occupying dwelling: The person occupying the secondary dwelling will be the daughter,
son-in-law, and grandchild of the property owners.
D. Septic system: The residential dwellings shall be connected to an approved on-site sewage treatment
system as required by Stearns County.
E. Manufactured home. Typically, the temporary secondary residential dwelling unit must be a
manufactured home that is located at least 200 feet from the existing home. The applicant is not
proposing to use a manufactured home as the secondary dwelling. She is proposing to convert a 26’ x
40’ shed into the new home that would be 110 feet from the existing home. The existing home was
built in 1936 and may be declared the temporary home since it is over 80 years old. In this case the
new home does not need to be a manufactured home or be at least 200 feet from the existing home.
However, the applicant proposes to convert the proposed new home back into a shed after expiration
of the interim use permit, which would meet the residential density allowed.
F. Residential density. The property owner has one residential building entitlement on their property.
The secondary residential dwelling unit is temporary.
G. Change of Status. If the secondary dwelling is no longer occupied by a family member, it is
required to be removed or converted back to a shed, not to be used as a dwelling unit.
H. Expiration. Upon expiration of the IUP, the secondary residential dwelling unit must be removed or
converted back to a shed and not used as a dwelling unit for living quarters.
PERFORMANCE STANDARDS FOR HOME EXTENDED BUSINESS (Section 6.26.1 Ordinance
439):
A. Incidental. The home extended business shall be clearly incidental and subordinate to the
residential use of the property. Hours and days of operation are included in the CUP for your
consideration.
B. Operator. The home extended business shall be conducted only by persons residing on the
premises. No person other than the residents of the premises shall be employed or engaged in such
home extended business. Approval is contingent on approval of the IUP for the secondary residential
dwelling unit. If approved, Anne Jarrell would live on the property and operate the home extended
business.
C. Location. Operation of the home extended business shall be limited to the residential dwelling and
accessory or agricultural buildings on the same parcel. The home extended business is proposed to be
on the property in the existing barn.
D. Outdoor Storage. Areas used for the outdoor display or storage of goods, equipment, vehicles or
other materials used for the home extended business shall be located to the rear of the structure and
further buffered from adjacent residential uses with landscaping, fencing or other acceptable methods
of screening in accordance with Section 7.23 of Stearns County Ordinance 439. There is no outdoor
storage proposed.
E. Traffic. The home extended business shall not generate excessive customer or client traffic that is
detrimental to the character of the surrounding properties. CR 121 is classified as a higher functioning
roadway and the CUP would be limited to 15 persons at any given time for a class/workshop.
F. Nuisance. There shall be no indication of offensive noise, vibration, smoke, dust, odors, heat or
glare at or beyond the property line.
G. Waste. The home extended business shall not generate hazardous waste unless a plan for off-site
disposal of the waste is approved by the MPCA.
H. Septic System. The home extended business at a dwelling with an on-site sewage treatment
system shall only generate normal domestic household waste unless a plan for off-site disposal of the
waste is approved.
I. Signage. Signs shall meet the requirements of Section 7.24 of Stearns County Ordinance 439. The
applicant is proposing a three square foot sign at the entrance.
J. Parking. Parking shall meet the requirements of Section 7.19 of Stearns County Ordinance 439. A
gravel parking area is proposed in the existing farmyard providing off-street parking.
ATTACHED INFORMATION: Request for JPB Action
Public Hearing Notice
Applications
Site Plan
Building Official Comments
Draft IUP Findings of Fact and Decision
Draft CUP Findings of Fact and Decision
REQUESTED ACTION: Consider the draft findings of fact and decision, while taking into account
any public testimony received during the public hearings.
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STATE OF MINNESOTA ST. JOSEPH JOINT PLANNING BOARD
COUNTY OF STEARNS INTERIM USE PERMIT
In the matter of: Anne Meyer Jarrell, Raymond Meyer, and Jacqueline Meyer
The Joint Planning Board considered a request for an Interim Use Permit submitted by Anne Meyer
Jarrell, applicant, Raymond Meyer, owner and Jacqueline Meyer, owner, to allow for a temporary
secondary residential dwelling unit on the property generally described as 29482 County Road 121, St.
Joseph, MN and legally described as follows:
The Southeast Quarter of the Northwest Quarter (SE ¼ NW ¼) of Section 15, LESS AND EXCEPT: The
West 16 rods thereof; all of the above land being in Township One Hundred Twenty-four (124) North,
Range Twenty-nine (29) West.
ALSO: All that part of the Northeast Quarter of the Southwest Quarter (NE ¼ SW ¼) of Section 15 lying
Easterly of Stearns County Road 121, less the North 5 rods of the West 16 rods thereof in Section 15, all
in Township 124 North, Range 29 West, Stearns County, Minnesota.
“Subject Property”
The St. Joseph Joint Planning Board acknowledged the following Findings of Fact in consideration of
the request for an Interim Use Permit on the Subject Property for a temporary secondary residential
dwelling unit:
1. The matter was duly published and notice was provided to property owners within 1250 feet
(.25 mile) of the above referenced property and the Joint Planning Board conducted a public
hearing on February 13, 2018.
2. The Subject Property is in St. Joseph Township within the orderly annexation area of the City
of St. Joseph and zoned Urban Expansion.
3. A secondary residential dwelling unit is a permitted interim use in the Urban Expansion
Zoning District.
4. The secondary residential dwelling unit will be a 26’x40’ shed converted to a residential
home.
5. The existing driveway at County Road 121 will provide access to the secondary residential
dwelling unit.
6. The secondary single family residential dwelling unit shall be accessory to an agriculture
operation. Crop and vegetable farming occur on the Subject Property.
7. The temporary single family residential dwelling unit may only be used by persons who are
engaged in the occupation of farming on the Subject Property or a family member. The
secondary single family residential dwelling unit will be occupied by Anne Meyer Jarrell,
daughter of Raymond and Jacqueline Meyer.
8. The adjacent land uses to the subject property are single family residential to the west, and
northwest, athletic facilities to the north, and agricultural and open space to the east and
south.
9. The interim use is consistent with the City of St. Joseph Comprehensive Plan, Transportation
Plan, and Utility Plans.
a. The future land use plan guides the Subject Property for low density residential. The
secondary residential dwelling unit is issued through a temporary interim use permit
which allows the property to develop in the future.
b. Utility Planning – The temporary interim use permit will not impact future utilities.
c. Transportation Plan – The temporary interim use permit will not impact future roadways.
10. The Urban Expansion district is described as areas anticipated to be annexed and provided
with municipal services. The Subject Property is within the orderly annexation area. The
interim use is consistent with the Stearns County Comprehensive Plan and meets the
following Land Use Goals:
a. Land Use Goal 2. Minimize land use conflict between agriculture and other land uses.
b. Land Use Goal 3. Manage the impacts of growth and development on the County’s rural
character.
c. Land Use Goal 4. Sustain the current livability and diversity of Stearns County.
DECISION
Based on the Findings of Fact, the St. Joseph Joint Planning Board approves an Interim Use
Permit (IUP) to allow a temporary secondary residential dwelling unit on the Subject Property with the
following conditions:
1. The applicant and property owner are responsible for meeting all Federal, State, and
Local requirements, including but not limited to meeting the Stearns County Land Use
and Zoning Ordinance, and the MN State Building Code and obtaining any and all
permits and licenses.
2. Granting of the interim use permit does not constitute approval of a building permit
and/or building use related to meeting the MN State Building Code.
3. The secondary single family residential unit shall be accessory to an agriculture
operation, only be occupied by a family member and located in the existing farmyard.
4. The secondary residential dwelling unit shall be removed from the Subject Property or
converted to an accessory structure that shall not be used as living quarters upon
expiration of the interim use permit.
5. A Declaration of Restriction shall be recorded with the deed declaring the secondary
residential dwelling as temporary.
6. The temporary single family residential dwelling unit shall meet the setback requirements
within the Urban Expansion Zoning District of the Stearns County Land Use and Zoning
Ordinance.
7. The secondary single family residential dwelling unit shall be connected to an approved
on-site sewage system.
8. Revocation: The Joint Planning Board shall revoke the interim use permit if 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 Joint Planning Board revoking the interim use permit
shall be filed with the County Recorder for recording.
9. Expiration: The interim use permit shall expire on February 13, 2033. If within one (1)
year after issuance of granting an interim use permit the use permitted has not started,
then the permit is null and void, unless the Joint Planning Board has approved a petition
for an extension. The interim use permit shall expire if the authorized use ceases for any
reason for more than one (1) year.
10. The St. Joseph 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.
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Adopted this 13 day of February , 2018
ST. JOSEPH JOINT PLANNING BOARD
By
Rick Schultz, Chair
By
Judy Weyrens, Secretary
Drafted By:
City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374
320.363.7201
STATE OF MINNESOTA ST. JOSEPH JOINT PLANNING BOARD
COUNTY OF STEARNS CONDITIONAL USE PERMIT
In the matter of: Anne Meyer Jarrell, Raymond Meyer, and Jacqueline Meyer
The Joint Planning Board considered a request for a Conditional Use Permit submitted by Anne Meyer
Jarrell, applicant, Raymond Meyer, owner and Jacqueline Meyer, owner, to allow for a home extended
business on the property generally described as 29482 County Road 121, St. Joseph, MN and legally
described as follows:
The Southeast Quarter of the Northwest Quarter (SE ¼ NW ¼) of Section 15, LESS AND EXCEPT: The
West 16 rods thereof; all of the above land being in Township One Hundred Twenty-four (124) North,
Range Twenty-nine (29) West.
ALSO: All that part of the Northeast Quarter of the Southwest Quarter (NE ¼ SW ¼) of Section 15 lying
Easterly of Stearns County Road 121, less the North 5 rods of the West 16 rods thereof in Section 15, all
in Township 124 North, Range 29 West, Stearns County, Minnesota.
“Subject Property”
The St. Joseph Joint Planning Board acknowledged the following Findings of Fact in consideration of
the request for a Conditional Use Permit for a home extended business to allow art classes and pottery
sales on the Subject Property:
1. The matter was duly published and notice was provided to property owners within 1250 feet
(.25 mile) of the above referenced property and the Joint Planning Board conducted a public
hearing on February 13, 2018.
2. The Subject Property is in St. Joseph Township within the orderly annexation area of the City
of St. Joseph and zoned Urban Expansion.
3. A home extended business is a permitted conditional use as established within the Orderly
Annexation Agreement and Memorandum of Understanding between the City of St. Joseph
and St. Joseph Township.
4. The home extended business will be operated by Anne Meyer Jarrell in the existing barn on
the Subject Property.
5. The existing driveway at County Road 121 will provide access to the barn for the home
extended business.
6. A gravel off-street parking area will be provided in the farmyard for the home extended
business.
7. The adjacent land uses to the Subject Property are single family residential to the west, and
northwest, athletic facilities to the north, and agricultural and open space to the east and
south.
8. The future land use plan within the St. Joseph Comprehensive Plan guides the property for
low density residential. Prior to development, the property will be required to obtain
preliminary and final plat approval and dedicate right of way for future roadways and
utilities.
9. The Urban Expansion District is described as areas anticipated to be annexed and provided
with municipal services. The Subject Property is within the orderly annexation area. The
conditional use is consistent with the Stearns County Comprehensive Plan and meets the
following Land Use Goals:
a. Land Use Goal 2. Minimize land use conflict between agriculture and other land uses.
b. Land Use Goal 3. Manage the impacts of growth and development on the County’s rural
character.
DECISION
Based on the Findings of Fact, the St. Joseph Joint Planning Board approves a Conditional Use
Permit (CUP) for a home extended business to allow art classes and pottery sales on the Subject Property
with the following conditions:
1. The applicant and property owner are responsible for meeting all Federal, State, and
Local requirements, including but not limited to meeting the Stearns County Land Use
and Zoning Ordinance, and the MN State Building Code and obtaining any and all
permits and licenses.
2. Contingent on the approval of the interim use permit allowing the secondary residential
dwelling unit on the Subject Property.
3. Granting of the conditional use permit does not constitute approval of a building permit
and/or building use related to meeting the MN State Building Code.
4. No person other than the occupant who resides on the Subject Property shall conduct the
home extended business.
5. Signage shall meet the requirements of Stearns County Ordinance 439. The sign plan
shall be submitted for review and approval to the City of St. Joseph prior to installing.
6. The home extended business shall be for art classes and pottery sales only and be clearly
incidental and secondary to the residential use of the Subject Property.
7. The home extended business shall meet the following:
a. Allowed a maximum of two classes per week, not to exceed one class per day. Each
weekday class shall not exceed two hours.
b. Allowed a maximum of one weekend day workshop per month, not to exceed 10
weekend day workshops per year.
c. A maximum of 15 persons shall be allowed within each art class/workshop.
d. Shall not operate between the hours of 9 PM to 8 AM.
e. A maximum of three pottery weekend sales (Saturday and Sunday) per year shall be
allowed, one in the spring, one in the fall and one in the winter.
8. Revocation: The Joint Planning Board shall revoke the conditional use permit if 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 Joint Planning Board revoking the
interim 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 Joint Planning
Board 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 St. Joseph 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.
th
Adopted this 13 day of February , 2018
ST. JOSEPH JOINT PLANNING BOARD
By
Rick Schultz, Chair
By
Judy Weyrens, Secretary
Drafted By:
City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374
320.363.7201