HomeMy WebLinkAbout[04h] Variance Request
Council Agenda Item 4h
MEETING DATE: April 15, 2019
AGENDA ITEM: Variance, Lot Size, NE Industrial Park
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (6-0)
recommends granting a variance.
PREVIOUS COUNCIL ACTION: On March 4, 2019, the City Council reviewed the Preliminary Plat
entitled St. Joseph Business Park and granted conditional approval.
BACKGROUND INFORMATION: CLC Partners LLC, owner and developer is 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 reduction is 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 those existing 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 minimal and therefore, it would not be out of scale with the
surrounding lots. Additionally, the proposed lots are similar to the existing lot sizes to the
west.
ATTACHMENTS: Request for Council Action
Location Map
Preliminary Plat
Application
Resolution 2019-032 Adopting Findings of Fact and Approving Variance
REQUESTED CITY COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution
2019-032 adopting Findings of Fact, and approving a variance.
Variance Request, NE Industrial Park
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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
CITY OF ST. JOSEPH Application for Variance
APPLICANT INFORMATION:
Name(s): CLC Partners LLC Date:3-18-19
Address: 7939 Ridgewood Road
City: St Joseph State:MN zip:56374
Email Address: coryehlert@kw.com
INFORMATION ON PROPERTY OWNER(if different from Applicant):
Property Owner:
Address:
Telephone: 320-420-1052 Email:
PROPERTY INFORMATION:
Street Address of Subject Property: Lots 2,3,4 on 20th Ave NE in St Joseph Business Park Plat
Purpose of Variance: lot sizes are just short of the 1 acre minimum lot size requirement
Legal Description of Property(may be attached instead of listed): Lots 2, 3 & 4 of Block 5 St Joseph
Business Park Plat
VARIANCE APPROVAL
The City Council may allow a departure from the terms of the zoning ordinance pertaining to setbacks, height or
width of structures or the size of yard and open spaces where such departure will still be in harmony with the general
purpose and intent of the ordinance. A variance may be granted if enforcement of a zoning ordinance provision as
applied to a particular piece of property would cause the landowner "practical difficulties." For a variance to be
granted, the applicant must satisfy a three-factor test for practical difficulties under state statute. All three factors
must be satisfied to constitute practical difficulties. The factors are as follows:
1. That the property owner proposes to use the property in a reasonable manner but cannot do so under the rules of
the ordinance.
Explain how this applies to your request: The intent on Lots 1,2,3 4 of Block 5 is to maintian the same lot
width as the lot existing lots on the west boundary. This will allow the adjoining land owners on 19th Ave NE
to purchase the newly platted lots in the new business park and maintain the same property width as
their current lot width.
Lot 2 requires a 12 ft variance, Lot 3 requires a 78 ft variance and Lot 3 requires a 143 ft variance.
St.Joseph Application for Variance Page 14
2. That the landowner's problem is due to circumstances unique to the property not caused by the landowner.
There are uniquely exceptional circumstances or conditions applying to the land, structure or building in
question that do not generally apply to other properties in the same zoning district i.e. sloping topography or
other natural features.
Explain how this applies to your request:
There are existing industrial lots to the west and those property owners have an interest in purchasing
abutting property. The new lot lines will extend along the same line and width as the existing
lots to the west.
3. That if the variance is granted it will not alter the essential character of the locality meaning the structure will
not be out of scale,out of place,or otherwise inconsistent with the surrounding arca.
Explain how this applies to your request:
The variance size is minimal and it would be the same width as the abutting lots to the width
so it will match those lots.
NOTE: Economic considerations alone shall not constitute practical difficulties. Rather, practical
difficulties exist only when the three statutory factors are met. Additional conditions may be imposed to
ensure compliance with the City Code and to protect adjacent properties.
APPLICATION FOR VARIANCE APPROVAL
Applications for Variance Approval shall be on this form and shall include the established fee.The application and copies
of the site plan shall be submitted three(3)weeks prior to the next Planning Commission meeting.(Please sec attached
meeting schedule).The application shall contain twelve(12)copies(8.5"x11"or I I"xl7")of exhibits,which will include
the following information:
❑ Site Plan drawn at scale showing parcel,grading,landscaping and location of utilities,as applicable.
❑ Location of all buildings and their square footage.
❑ Curb cuts,driveways,access roads,parking spaces.off-street loading areas and sidewalks.
❑ Landscaping and screening plans.
❑ Sanitary sewer and water plan with estimated use per day.
U Drainage and grading plan;indicate soil type.
O Any additional information reasonably required by the City Staff,Planning Commission or City Council.
We, the undersigned, hereby certify that we have read, examined and understand this application and that the
information submitted herein and attached hereto is true,accurate,and correctly states my intentions.
Signature of Applicant:� G�. ` Date:
Signature of Owner: g «" Date:
STAFF USE ONLY
Application Fee Due: $400.00 C, 0I
Application Fee Received by: (' L )•r1 , Date Application Received: .31 l d J I
R.Joseph Application for Variance Page 15
RESOLUTION 2019-032
A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A VARIANCE TO THE
MINIMUM LOT SIZE REQUIREMENT IN A LI LIGHT INDUSTRIAL DISTRICT.
WHEREAS, CLC Partners LLC, owner and applicant, has properly applied for a variance to
the minimum lot size requirement established in St. Joseph Ordinance 502 for the property legally
described as follows:
That part of the Southwest Quarter of the Southeast Quarter and that part of the Southeast Quarter
of the Southeast Quarter of Section 2, Township 124, Range 29 and that part of the Northwest
Quarter of the Northeast Quarter of Section 11, Township 124, Range 29, all in Stearns County,
described as follows:
Beginning at the North Quarter corner of said Section 11; thence Northerly along the
West line of said Southwest Quarter of the Southeast Quarter on an assumed bearing of
North 00 degrees 10 minutes 18 seconds West for 1,045.55 feet to the point of
intersection with the Southeasterly right of way boundary of STEARNS COUNTY
HIGHWAY RIGHT OF WAY PLAT NO. 13 as is on file arid of record in the office of
the County Recorder in and for Stearns County, Minnesota; thence Northeasterly along
last described right of way boundary a distance of 400.77 feet along a curve not tangent to
the last described line, said curve is concave to the Northwest, has a radius of 3,330.83
feet, a central angle of 6 degrees 53 minutes 38 seconds, chord length of 400.53 feet, and
the chord of said curve bears North 45 degrees 32 minutes 37 seconds East;
thence North 42 degrees 05 minutes 48 seconds East, tangent to last described curve, for
21. 57 feet to the point of intersection with the North line of said Southwest Quarter of
the Southeast Quarter; thence North 88 degrees 15 minutes 17 seconds East, along the
said North line of the Southwest Quarter of the Southeast Quarter for 237.54 feet; thence
South 55 degrees 50 minutes 00 seconds East for 1,119.57 feet; thence South
34 degrees 10 minutes 00 seconds West for 1,050.46 feet; thence Southerly 951.67 feet
along. a tangential curve, concave to the East, radius 1,560.00 feet, central angle 34
degrees 57 minutes 11 seconds; thence South 00 degrees 47 minutes 11 seconds East,
tangent to last described curve, for 241.53 feet to the point of intersection with the South
line of said Northwest-Quarter of the Northeast Quarter; ,thence South 88 degrees 18
minutes 44 seconds West, along said South line of the Northwest Quarter of the Northeast
Quarter, for 586.56 feet to the Southwest corner of said Northwest Quarter of the
Northeast Quarter; thence North 00 degrees 49 minutes 56 seconds West, along the West
line of said Northwest Quarter of the Northeast Quarter for 1,305.22 feet to the point of
beginning.
“Subject Property”
WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on
April 8, 2019, at which time all persons wishing to be heard regarding the matter were given an opportunity
to be heard; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. JOSEPH, MINNESOTA, hereby adopts the following Findings of Fact supporting a variance to
the minimum lot size requirement:
1. That CLC Partners LLC, 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.
2. That the matter was duly published and notice was provided to property owners within 350
feet of the Subject Property.
3. That the Applicant appeared before the Planning Commission on April 8, 2019 who reviewed
the variance request and recommended approval of the variance.
4. That the Subject Property is zoned LI – Light Industrial and the minimum lot size
requirement is 43,560 square feet.
5. That the variance is consistent with the St. Joseph Comprehensive Plan.
6. That the variance is in harmony with the general purpose and intent of the Ordinance.
7. That the Applicant has established that there are practical difficulties in complying with the
zoning ordinance.
8. That the variance is reasonable given the minimal relief and that such variance provides the
ability of the abutting property owners to expand.
9. That the property is unique given the existing platted lots to the west would be the same
width as the three lots aligning the lot lines.
10. That the variance will not alter the essential character of the neighborhood given the variance
is minimal and the lots are similar to the surrounding properties.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.
JOSEPH, MINNESOTA, as follows:
1. Based on Findings of Fact, a variance to the minimum lot size requirement in Block 1 as
shown on the preliminary plat entitled St. Joseph Business Park (to be renamed) is hereby
granted for three lots as follows: Lot 14 of 12 square feet, Lot 15 of 78 square feet, and Lot
16 of 143 square feet.
2. Contingent on final plat approval and recording.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 15th
day of April, 2019.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, Administrator