HomeMy WebLinkAbout[09a] Variance Request - Trobec's Bus Service
Council Agenda Item 9a
MEETING DATE: September 16, 2019
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AGENDA ITEM: Variance Request – Trobec’s Bus Service, 702 21 Ave.
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (4-1)
recommends approval of the variance.
BACKGROUND INFORMATION: Rice Companies, applicant and developer has submitted a request
for a variance on behalf of Trobec’s Bus Service. Trobec’s Bus Service has submitted a request for site plan
approval (reviewed administratively) to locate their new facility (offices, wash bays, maintenance and
storage garages) in the Northland Business Center industrial park.
City ordinance requires parking lots and drive maneuvering areas to be paved with a hard surface, such as
bituminous or concrete, not gravel. The applicant is requesting approval of a variance to allow gravel or
crushed granite for 2.94 Acres of the Trobec’s facility parking lot and drive maneuvering areas within the
side and rear yard. The site plan shows future expansion areas of the parking lot. A variance goes with the
property but must be acted on within one year so any future parking areas proposed in Class II, V or crushed
granite would need to be paved with bituminous or concrete unless acted upon within a year per City
Ordinance.
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.
Applicant’s Response: Ordinance 502 requires “parking lots” to be constructed and maintained in a
useable condition with a hard surface. Our request is for 2.6 acres of “drive areas” for busses to be
impervious surface of Class II, V or crushed granite.
2) That the landowner’s problem is due to circumstances unique to the property not caused by the
landowner.
Applicant’s Response: This is a 10 acre site that requires large drive areas for many bus movements
each day. The site was selected for proximity, permitted use and is zoned L-I. These are not
permanent required parking 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.
Applicant’s Response: The front 300 +/- feet of 10 acre site will incorporate heavy duty paving for
parking and bus service. The site will fit perfectly into the locality of the area and not alter the intent
of the character of L-I zoning.
ATTACHMENTS: Request for Council Action
Resolution 2019-058
Site Plan
REQUESTED COUNCIL ACTION: Authorize the Mayor and City Administrator to execute Resolution
2019-058 Approving the Variance and Adopting Findings of Fact.
RESOLUTION 2019-058
A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A VARIANCE TO THE
PAVING REQUIREMENT FOR A PARKING LOT AND DRIVE MANUEVERING AREAS.
WHEREAS, Rice Companies, applicant and developer, and Trobec’s Bus Service, owner have
properly applied for a variance to the paving requirement for a parking lot and drive maneuvering areas
established in St. Joseph Ordinance 502 for the property legally described as follows:
Lot 5, Block 3, Northland Business Center, according to the plat and survey thereof, now on
file and of record in the office of Stearns County Recorder
“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 parking lot and drive maneuvering areas paving requirement:
1. That Rice Companies, developer, on behalf of Trobec’s Bus Service, hereinafter referred to
as “Applicant,” properly applied for a variance from the paving requirement for 2.94
Acres of parking lot and drive maneuvering areas.
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 September 9, 2019 who
reviewed the variance request and recommended approval of the variance.
4. That the Subject Property is zoned LI – Light Industrial.
5. That Trobec’s Bus Service has submitted a request for site plan approval to locate their
offices, bus storage garages, maintenance facility and wash bays on the Subject Property.
6. That City Ordinance requires parking lots with the drive maneuvering areas to be paved with
hard surface, including bituminous or concrete.
7. That the Applicant proposes the front parking lot and drive maneuvering areas to be
constructed with bituminous and the side and rear yard parking lot and drive areas to be Class
II or V or crushed granite.
8. That the variance is consistent with the St. Joseph Comprehensive Plan.
9. That the variance is in harmony with the general purpose and intent of the Ordinance.
10. That the Applicant has established that there are practical difficulties in complying with the
zoning ordinance.
11. That the variance is reasonable given the property would be used in a reasonable manner.
12. That the property is unique given the required lot size for the large vehicles.
13. That the variance will not alter the essential character of the neighborhood given the front
area would be paved with bituminous and would be similar to other properties in the area.
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 paving requirement for a portion of the parking
lot and maneuvering areas is hereby granted for the side and rear yard of the Subject Property
up to 2.94 Acres allowing for Class II or Class V or crushed granite.
2. Contingent on final plat recording.
3. Contingent of site plan approval prior to the issuance of a building permit.
4. If within one (l) year after granting a variance, the work permitted is not started, such
variance shall become null and void unless a petition for an extension has been approved by
the City Council.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 16th
day of September, 2019.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Kris Ambuehl, Administrator