HomeMy WebLinkAbout[07] Caribou Coffee - Findings of Fact
Council Agenda Item 7
MEETING DATE: August 19, 2019
AGENDA ITEM: Caribou Coffee – Adopt Findings of Fact related to a Variance and
Conditional Use Permit Request
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: The City Council approved a Purchase Agreement with the applicant in
June 2019. On August 5, 2019, the City Council denied the variance and conditional use permit requests.
BACKGROUND INFORMATION: Jon Fahning and Tom Opatz LLC, applicant and developer had
proposed the development of a Caribou Coffee on the property owned by the City of St. Joseph located on the
th
southeast corner of CSAH 75 and CR 133 (12 Ave SE), east of Scherer Trucking. The City owned parcel is a
th
.64 acre +/- lot that was acquired as a result of right of way needed to the west for 12 Ave. SE several years
ago.
The applicant requested approval of a variance to the buffer setback requirement adjacent to residential use
properties. Secondly, the applicant requested approval of a conditional use permit to allow for a drive-thru
coffee shop.
ATTACHMENTS: Request for Council Action
Resolution 2019-054 Findings of Fact Supporting the Denial
Resolution 2019-055 Findings of Fact Supporting the Denial
REQUESTED COUNCIL ACTION: Authorize the Mayor and City Administrator to execute Resolutions
2019-054 and 2019-055.
RESOLUTION 2019-054
A RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING THE DENIAL OF A
VARIANCE TO THE MINIMUM BUFFER SETBACK REQUIREMENT IN A BUSINESS
DISTRICT.
WHEREAS, Jon Fahning and Tom Opatz LLC, developer and applicant, have properly
applied for a variance to the minimum buffer setback requirement established in St. Joseph Ordinance 502
for the property legally described as follows:
Lot 1, Block 1 of SRM, according to the recorded plat thereof, Stearns County, Minnesota.
“Subject Property”
WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on
July 29, 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 the
denial of a variance to the minimum buffer setback requirement:
1. That John Fahning and Tom Opatz LLC, hereinafter referred to as “Applicant,” properly
applied for a variance from the minimum buffer setback requirement for a drive lane/aisle
access along the southerly boundary of the Subject Property where it abuts residential use.
2. That the matter was duly published and notice was provided to property owners within 350
feet of the Subject Property.
3. That the Subject Property is zoned B-2 Highway 75 Business District and within the
Transportation Overlay District.
4. That City Ordinance 502 requires a business development where it abuts a residential district
or use to have a protective strip of not less than 15 feet in width established as a buffer zone.
5. That the purpose of Ordinance 502 is to promote and protect the general public health, safety,
morals, comfort and general welfare of the inhabitants of the City of St. Joseph, to provide
adequate privacy, to promote the character and preserve and enhance the stability of
properties and area within the City, and to fix reasonable standards to which buildings,
structures and land shall conform for the benefit of all.
6. That the variance is not in harmony with the general purpose and intent of the Ordinance to
provide adequate space for screening and buffering between commercial and residential use
properties.
7. That the Applicant has not established that there are practical difficulties in complying with
the zoning ordinance.
8. That the variance is not reasonable given the proposed proximity to the lot line abutting the
residential properties would be six feet, including but not limited to lacking adequate space
for fence and proper width planting of coniferous trees, therefore, not providing adequate
privacy.
9. That the variance of nine feet will alter the essential character of the neighborhood given the
variance is significant providing a setback of six feet along the southerly boundary of the
property where it abuts residential use properties.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 19th
day of August, 2019.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Kris Ambuehl, City Administrator
RESOLUTION 2019-055
A RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING THE DENIAL A
CONDITIONAL USE PERMIT FOR THE PURPOSES OF HAVING A DRIVE THRU COFFEE
SHOP.
WHEREAS, Jon Fahning and Tom Opatz LLC, applicant and developer have properly applied
for a conditional use permit for a drive thru coffee shop on the property legally described as follows:
Lot 1, Block 1 of SRM, according to the recorded plat thereof, Stearns County, Minnesota.
“Subject Property”
WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional use
permit on July 29, 2019, at which time all persons wishing to be heard regarding the matter were given an
opportunity to be heard; and
WHEREAS, on July 29, 2019, the St. Joseph Planning Commission reviewed the proposed
conditional use permit and recommended denial of the request for a conditional use permit to the City
Council based on following Findings of Fact:
1. That the conditional use will 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.
2. That adequate utilities and services, including utilities, streets, drainage and other
necessary facilities have not been provided and will not create excessive additional costs
for services and/or be detrimental to the economic welfare of the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. JOSEPH, MINNESOTA, hereby makes the following Findings of Fact:
3. That Jon Fahning and Tom Opatz LLC, hereinafter referred to as “Applicant,” properly applied
for a conditional use permit to allow for a drive-thru coffee shop.
4. That the Applicant appeared before the St. Joseph Planning Commission for a public hearing
pursuant to City Code on July 29, 2019 and that said public hearing was properly advertised, and
the minutes are hereby incorporated as part of these findings by reference.
5. That the land use plan for the Subject Property is Corridor Commercial and the proposed use is in
compliance with the land use plan of the Comprehensive Plan of the City.
6. That the Subject Property is located on the southeast corner of CSAH 75 and CR 133. Stearns
Country is the road authority and has reviewed and approved the proposed access point at CR
133.
7. That according to the City Transportation Plan, CR 133 is classified as a Minor Arterial roadway.
8. That the Subject Property is zoned B-2, Highway 75 Business District and a drive-thru coffee
shop is a permitted Conditional Use.
9. That City Ordinance 502 has established findings that the City Council must make to grant a
Conditional Use Permit.
10. That due to the proximity to intersections, including CSAH 75 and Minnesota Street East, there is
a lack of vehicle stacking space on CR 133 and impact on turning movements for the proposed
conditional use; therefore, the conditional use will be detrimental to or endanger public health,
safety, morals, comfort, or general welfare of the neighborhood or City.
11. That the conditional use will not be harmonious to the objectives of the Comprehensive Plan of
the City, including the mobility and transportation section of the Comprehensive Plan, Goal 1:
Improve Transportation Framework, Strategy 1.6 Limit direct access to major thoroughfares in
order to maintain safe and efficient roadway operations.
12. That the conditional use will not have vehicular approaches to the property which are so designed
as not to create traffic congestion or an interference with traffic or surrounding public thorough-
fares.
13. That adequate utilities and services, including utilities, streets, drainage and other necessary
facilities have not been provided and will not create excessive additional costs for services and/or
be detrimental to the economic welfare of the community.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 19th
day of August, 2019.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Kris Ambuehl, City Administrator