HomeMy WebLinkAbout[07] Public Hearing, Variance RequestPlanning Commission Agenda Item 7
MEETING DATE:April 8, 2019
AGENDA ITEM:Public Hearing, Variance
Lot Size,NE Industrial Park
SUBMITTED BY:Community Development
STAFF RECOMMENDATION:Adopt the Findingsof Facts ApprovingVariance
PREVIOUS PLANNING COMMISSION ACTION:On February 28, 2019,the Planning
Commission reviewed the Preliminary Plat entitled St. Joseph Business Park and recommended
conditional approval.
BACKGROUND INFORMATION:CLC Partners LLC, owner and developeris requesting a variance
for three lots to the minimum lot size requirement in the LI-Light Industrial District. The proposed
development is for the new industrial park located southeast of CR 133, east of the existing industrial
park. The applicant is requesting a variance of 12 SF for Lot 14, 78 SF for Lot 15, and 143 SF for Lot 16
of Block 1. The minimum lot size is 43,560 SF in the LI District.
A variance may be granted if enforcement of a zoning ordinance provision on a particular property would
cause the landowner practical difficulties as defined by MN State Statute 462.357. The applicant must
satisfy the statutory three-factor test for practical difficulties. The practical difficulties factors are as
follows:
1)That the property owner proposes to use the property is a reasonable manner. This factor means
that the landowner would like to use the property in a particular reasonable way but cannot do so
under the rules of the ordinance.It does not mean that the land cannot be put to any reasonable
use without the variance so focus on whether the request to allow the lot size a slight reductionis
reasonable.
In this case, there are existing platted lots to the west and the proposed new lots would
extend and align with those existing lot lines. This would allow those properties to
combine properties following the same width.
2)That the landowner’s problem is due to circumstances unique to the property not caused by the
landowner.
In this case, there are existing platted lots to the west as previously stated and the
proposed new lot lines would align with thoseexisting platted lots.
3)That the variance, if granted, will not alter the essential character of the locality. Under this factor
consider whether the resulting structure will be out of scale, out of place, or otherwise
inconsistent with the surrounding area.
In this case, the variance is minimaland therefore, it would not be out of scale with the
surrounding lots. Additionally, the proposed lots are similar to the existinglot sizes to the
west.
ATTACHMENTS:Request for Planning Commission Action
Public Hearing Notice
Location Map
Application
Preliminary Plat
Findings of Fact Approving variance
REQUESTED PLANNING COMMISSION ACTION:Motion 1: Adopt Findings of Fact and
Recommend Approval of the varianceto lot sizes for Block 1, Lots 14, 15, and 16, St. Joseph Business
Park (to be named) Aka NE Industrial Park.
Variance Request, NE Industrial Park
Legend
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095190380
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Division of Land Management
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April 4, 2019
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EDIS
St. Joseph, MN
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THESTATE OF MINNESOTA
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City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of CLC PartnersLLCAND DECISION
Variance from Lot Size Requirement
Section 11, Township 124, Range 29, St. Joseph MN
FINDINGS OF FACT
On April8, 2019,the St. Joseph Planning Commission conducted a public hearing to consider the
application of CLC PartnersLLCfor a variance for relief from the strict enforcement of the minimum lot
size requirements in a LI –Light Industrial District onthe property legally described as follows:
ThatpartoftheSouthwestQuarteroftheSoutheastQuarterandthatpartoftheSoutheastQuarter
Northwest
oftheSoutheastQuarterofSection2,Township124,Range29andthatpartofthe
QuarteroftheNortheastQuarterofSection11,Township124,Range29,allinStearnsCounty,
describedasfollows:
BeginningattheNorthQuartercornerofsaidSection11;thenceNortherlyalongthe
WestlineofsaidSouthwestQuarteroftheSoutheastQuarteronanassumedbearingof
North00degrees10minutes18secondsWestfor1,045.55feettothepointof
intersectionwiththeSoutheasterlyrightofwayboundaryofSTEARNSCOUNTY
HIGHWAYRIGHTOFWAYPLATNO.13asisonfilearidofrecordintheofficeof
theCountyRecorderinandforStearnsCounty,Minnesota;thenceNortheasterlyalong
describedrightofwayboundaryadistanceof400.77feetalongacurvenottangentto
last
thelastdescribedline,saidcurveisconcavetotheNorthwest,hasaradiusof3,330.83
feet,acentralangleof6degrees53minutes38seconds,chordlengthof400.53feet,and
thechordofsaidcurvebearsNorth45degrees32minutes37secondsEast;
thenceNorth42degrees05minutes48secondsEast,tangenttolastdescribedcurve,for
21.57feettothepointofintersectionwiththeNorthlineofsaidSouthwestQuarterof
the
theSoutheastQuarter;thenceNorth88degrees15minutes17secondsEast,along
thence
saidNorthlineoftheSouthwestQuarteroftheSoutheastQuarterfor237.54feet;
South55degrees50minutes00secondsEastfor1,119.57feet;thenceSouth
34degrees10minutes00secondsWestfor1,050.46feet;thenceSoutherly951.67feet
along.atangentialcurve,concavetotheEast,radius1,560.00feet,centralangle34
degrees57minutes11seconds;thenceSouth00degrees47minutes11secondsEast,
tangenttolastdescribedcurve,for241.53feettothepointofintersectionwiththeSouth
lineofsaidNorthwest-QuarteroftheNortheastQuarter;,thenceSouth88degrees18
minutes44secondsWest,alongsaidSouthlineoftheNorthwestQuarteroftheNortheast
Quarter,for586.56feettotheSouthwestcornerofsaidNorthwestQuarterofthe
West
NortheastQuarter;thenceNorth00degrees49minutes56secondsWest,alongthe
lineofsaidNorthwestQuarteroftheNortheastQuarterfor1,305.22feettothepointof
beginning.
“Subject Property”
The St. Joseph Planning Commission hereby finds 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 LI –Light Industrial and the minimum lot size
requirement is 43,560 square feet.
3.That CLC PartnersLLC, hereinafter referred to as “Applicant,”properly applied for a
variance from the minimum lot size requirement for three lots related to the establishment of
a new industrial park.
4.That the variance is consistent with the St. Joseph Comprehensive Plan.
5.That the variance is in harmony with the general purpose and intent of theOrdinance.
6.That the Applicant has established that there are practical difficulties in complying with the
zoning ordinance.
7.That the varianceis reasonable given theminimal reliefand that such variance provides the
ability of the abutting property owners to expand.
8.That the property isunique given the existing platted lots to the west would be the same
width as the three lots aligning the lot lines.
9.That the variance will not alter the essential character of the neighborhood given the variance
isminimal and the lots are similar to the surrounding properties.
DECISION
Based on the Findingsof Fact, the St. Joseph Planning Commission recommends the St. Joseph
City Council grantavariancefrom the minimum lot size requirement on the Subject Propertybased on
the following conditions:
1.Contingent on final plat approval and recording.
2.The variance is forBlock 1, Lot 14 of 12 square feet, Lot 15 of 78 square feet, and Lot 16 of
143 square feet as shown on the preliminary plat entitled St. JosephBusiness Park (to be
renamed).
Whereupon said Findings of Fact and Decision was declared duly passed and adopted by the St. Joseph
th
Planning Commission this8day of April, 2019.
CITY OF ST. JOSEPH
By
Gina Dullinger,Chair
By
Therese Haffner, Community Development Director