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HomeMy WebLinkAbout01.11.21 BHSXNERS-INRDOG ǞǞǞ͵ĭźƷǤƚŅƭƷƆƚƭĻƦŷ͵ĭƚƒ St. Joseph Planning Commission th Monday, January 11, 2021 6:00 PM **The meeting will be conducted through Zoom** 1. Call to Order 2. Pledge of Allegiance 3. Agenda Review and Adoption th 4. Approve Minutes November 10, 2020 5. New Business a. Appoint Chair and Co-chair b. Public Hearing, Preliminary Plat, St. Joseph City Hall Addition c. Final Plat St. Joseph City Hall Addition 6. Other Business a. Fence ordinance discussion b. Accessory structure discussion c. 2021 Planning Commission calender 7. 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Planning Commission Members Present: Commissioners, Gina Dullinger, Chad Hausmann, Anne Jarrell, Mike Ross, Matt Johnson, Steve Olson, Community Development Director/City Administrator Therese Haffner Members Absent: Brian Theisen Approval of the Agenda:Olsonmade a motion to approve the agenda. The motion was seconded by Ross and passed unanimously. Approval of the Minutes;Dullinger commented on two changes needed; updating ThereseHaffner’s title and correcting a typo on Resolution 2020-007. Rossmade a motion to approve the amended minutes of September 14, 2020. The motion was seconded by Dullinger and passed unanimously. New Business a.Public Hearing, Preliminary Plat- Knife River Addition Haffner presented the request from the property owner, CLC Partners, for approval of a preliminary plat for one lot to accommodate the expansion of Knife River. The property is approximately thirty acres in size along with an out lot for storm water drainage. The property is zoned and guided light industrial. No additional Right of Way is proposed. There are wetlands on the property. A wetland delineation has been completed and a WCA permit has been approved by Stearns County. Appropriate drainage and utility easement have been provided along the perimeter as well as storm water and wet land areas. Haffner informed the Commission to refer to the packet for the preliminary plat as well as the grading and drainage plan and engineer memo. She also informed the Commission that Randy Sabart, the City Engineer was on the Zoom call and was available for questions. The applicant and the applicants engineer were also on the Zoom call. Haffner recommended approval of the preliminary plat on certain conditions as laid out in the staff report. Hausmann opened the public hearing. As no one wished to speak, Hausmann closed the public hearing. Hausmann opened up for questions and comments from the Commission. Dullinger inquired if there are any concerns with utility accommodations since the former planned use for property differs from this current proposal. Randy Sabart did agree that the use is different than anticipated late 2017, however accommodating municipal utilities is still feasible. Hausmann asked about how this would impact locations for any future utilities. Sabart shared graphics with the group and detailed how the plans for phase one of the industrial park would be updated to accommodate the second phase of development. A gravity sanitary sewer would serve CLC Partners and property east of it and would drain to a new sewage pump station that has yet to be built. This would st include the property east of 21 Avenue and to the south of future extension of Westwood Parkway. They would also be served by this pump station as well as a future extension of water. Hausmann asked if Knife River would require city water or a well. Sabart informed him that at this time, Knife River does not anticipate water service or well construction and there is currently no plan for either. Sabart mentioned that the applicant has done their best to forecast use at this point. Sabart illustrated that the City would like to keep water and sewer out of the busy roadway as Westwood Parkway develops, for a number of reasons including accessibility. It was determined that there is flexibility that allows the City to continue to successfully develop the east and north. Additionally, a review of the preliminary site plan from CLC Partners illustrates that there is a rectangular piece of property under the applicants property/ownership that utilities could wrap around across the north side and would remain outside of Westwood Parkway. 2 Hausmann asked if the land would be platted and sold or leased to Knife River. Sabart replied that it was staff’s understanding that this would be subdivided as part of plat and sold to Knife River. Hausmann inquired on the status of the rail extension. The developer commented that all three rails coming from the south are extended to the north property line and are complete. The intention is for them to be in use by Jan 1, 2021. Hausmann asked for more details regarding the plans for storm water ponding. Sabart explained that if the stormwater can all fit in Outlot A, that is agreeable. If not, other options are available to accommodate that need. Olson asked for further information on the lift station. Sabart replied that a 40-foot-wide easement is being reserved to accommodate a sewage force main and a potential water main. Hausmann read through the requested planning commission actions and inquired if the final plat would come after the sale of the property and asked for clarification on who the agreement was with. Haffner replied that the sale of property would occur after final plat is approved and recorded and that the agreement is with CLC Partners on behalf of Knife River? Haussmann asked if there are any concerns from City Staff regarding ordinances. Haffner informed him that there were none since there is a process being followed that addresses those concerns. Dullinger made a motion to approve the Preliminary Plat- Knife River Addition with the conditions. The motion was seconded by Olson and passed unanimously by those present. Other Business a. Council Liaison Report Haffner reported that Council: Tabled acceptance of the bid proposal for the Minnesota Streetscape Project due to concerns with replacing entire sidewalk section or just damaged sections. b. Other Member Discussion No members had items for discussion. Adjourn: Ross moved to adjourn the meeting at 6:29 PM. The motion was seconded by Dullinger and passed unanimously. Therese Haffner City Administrator/Community Development Director 3 Planning Commission Agenda Item 5a and 5b th MEETING DATE: January 11, 2020 AGENDA ITEM: Public Hearing, St. Joseph City Hall Addition- Preliminary Plat + St. Joseph City Hall Addition - Final Plat SUBMITTED BY: City of Saint Joseph STAFF RECOMMENDATION: Approve the request for Preliminary Plat and Final Plat Approval for St. Joseph City Hall Addition based on attached resolutions. The purpose of the plat is to separate the nd existing parcel into three parcels. One will house the City Hall, the 2will house the Little Saints Academy, and the third where the existing ballfields/open space are will house the future Community Center. PREVIOUS PLANNING COMMISSION ACTION: The property has not been platted before. BACKGROUND INFORMATION: Applicant Information: City of Saint Joseph Existing Zoning: Educational and Ecclesiastical (EE) th Location: East of College Ave S, North of Callaway St E, West of 4 Ave S, and South of Baker St E Public Services: Engineering comments are attached. Access: Existing accesses would be maintained. No new accesses are proposed. Access is currently serviced through Baker St E and Callaway St E. WCA/Wetland Setback: No wetlands exist on the subject properties. Stearns County: N/A Overall Plat Information: Size Use Block 1, Lots 1 SF 59,029 sq. ft (1.355 acres City Hall Block 1, Lot 2 SF 188,397 sq. ft (44.325 acres) Little Saints Block 1, Lot 3 SF 363,759 sq. ft (8.351 acres) Park/future Community Center Total ROW area = 77,577 square feet Lot Requirements would follow Educational and Ecclesiastical district. The requirements are: Setbacks: Front – 35’ Side – 20’ unless side abuts a street or highway then setback is 30’ Rear – 20’ Site coverage: Structures cannot exceed 50% and maximum impervious cannot exceed 75% 4 Trail and Sidewalk: No new trails/sidewalks are needed as a result of this proposal. The proposal is just splitting the existing parcel into three separate parcels. No new infrastructure is needed. Park Dedication Information: N/A Drainage and Utility Easements: According to the City’s Subdivision Ordinance, drainage and utility easements are to be 6 feet on interior lot lines (12 feet total), 12 feet along roadways and over ponding areas. The plat proposes six-foot drainage and utility easements along interior lot lines, and 12 feet along roadways. Easements that are larger in nature are proposed along the Eastern boundary of lot 1, and Northern boundary of lot 2. The larger easements are due to an existing watermain. ATTACHMENTS: Resolution for Preliminary Plat Resolution for Final Plat Public Hearing Notice (sent to paper) Public Hearing Notice (sent to residents within 350’) List of addresses sent direct mailings (properties within 350’) Preliminary and Final Plat civils REQUESTED PLANNING COMMISSION ACTION: 1.Open Public hearing for preliminary plat after presentation of application (close the public hearing after comments) 2. Provide recommendation on preliminary plat 3. Provide recommendation on final plat 5 6 7 8 9 10 11 Resolution 2021- RESOLUTION APPROVING THE PRELIMINARY PLAT St. Joseph City Hall Addition WHEREAS, the St. Joseph Planning Commission held a public hearing on the preliminary th plat for St. Joseph City Hall Addition on January 11, 2021, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and th WHEREAS, on January 11, 2021, the St. Joseph Planning Commission reviewed the proposed preliminary plat and recommended approval; and WHEREAS, the proposed plat has been reviewed by the city engineer; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFST. JOSEPH, MINNESOTA: That the preliminary plat of St. Joseph City Hall Addition be approved with the following conditions: 1. All engineering issues are resolved. 2. Roadways that are shown as easements shall be dedicated as right-of-way on the final plat. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 1st day of February, 2021. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Therese Haffner, City Administrator 12 Resolution 2021- RESOLUTION APPROVING THE FINAL PLAT ST. JOSEPH CITY HALL ADDITION WHEREAS, the St. Joseph Planning Commission held a public hearing on the preliminary plat of St. th Joseph City Hall Addition on January 11, 2021, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, a final plat for St. Joseph City Hall Addition has been submitted which indicates that the final plat is consistent with the preliminary plat. WHEREAS, the St. Joseph Planning Commission reviewed and recommended approval of the thth preliminary plat on January 11, 2021 and final plat on January 11, 2021; and WHEREAS, the City Council approved the preliminary plat on February 1st, 2021; and WHEREAS, the proposed plat has been reviewed by the city engineer; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: That the final plat of City of St. Joseph City Hall Addition be approved with the following conditions: l. All engineering issues are resolved. 2. Add the lot and right-of-way sizes to the final plat. Sizes shall be indicated in square footage and acres. 3. Any roadways shown as easements shall be shown and dedicated as right-of-way. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 1st day of February 2021. CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By Therese Haffner, City Administrator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ity of St. Joseph Notice of Public Hearing You are receiving this notice because you live or own property within 350’ (feet) of a proposed Preliminary Plat (land use application) that has been submitted to the city of Saint Joseph, MN. This land use application requires a public hearing and notification. The public hearing will take place remotely via Zoom (link and dial in information located th ) on Monday, January 11, on the meeting agenda available at www.cityofstjoseph.com 2021 beginning at 6:00 P.M. as part of the regularly scheduled City of St. Joseph Planning Commission meeting: Hearing: Preliminary Plat titled “St. Joseph City Hall Addition” Property Owner: City of St. Joseph, MN Applicant: City of St. Joseph, MN Property description: Subject property is located East of College Ave S, North of th Callaway St E, West of 4 Ave SE, and South of Baker St E Parcel ID: 84.53457.0005. A map identifying the subject property is included with this letter as Exhibit A. Purpose: The proposed plat application would result in a splitting of the existing parcel into three separate parcels. All interested persons are invited to participate and be heard or send written comments to: nkeller@cityofstjoseph.comComments can also be mailed to City of Saint Joseph, 75 Callaway St E, St. Joseph, MN 56374.: To request more information on the proposed land use application or for specific information regarding how to participate remotely via Zoom please visit www.cityofstjoseph.comor contact: Nate Keller Nate Keller Community Development Director (320)-557-3524 nkeller@cityofstjoseph.com 15 EXHIBIT A Subject Property Location ^ Existing parcel is one singular parcel. ^ Proposed land use application (plat) will spilt the parcel into three separate parcels. *For larger imagery or electronic copies please email nkeller@cityofstjoseph.com 16 17 18 19 20 From:Nate Keller To:"Alison hendley" Subject:RE: Plat St Joseph City Hall Addition Date:Thursday, January 7, 2021 9:18:00 AM Attachments:image001.png Good morning Alison, Thank you for providing your comments. I will include these as part of public record and as part of the Planning Commission packet (being sent out today). Best, Nate Keller, AICP Community Development Director City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 Work cell (320)-557-3524 From: Alison hendley <alisonhendley@yahoo.com> Sent: Wednesday, January 6, 2021 10:11 PM To: Nate Keller <nkeller@cityofstjoseph.com> Subject: Plat St Joseph City Hall Addition Dear Nate, I would like to formally state my opposition to dividing the property behind city hall into three parcels, with the third parcel being slated for a community center. The field you wish to build on is used extensively by myself and my neighbors, as well as the pre school. It is the only walkable to green space on this side of town, and we need this green space here, and, I believe, should enhance it even more with some trees and extra benches, and a fenced in tot play area. The tennis courts could be repaved, and we would have a sweet, useful park for the community that people can walk to. There could even be an area set aside for a community garden. To have a park this close to downtown that supports nature would be a blessing to us all. In addition, building a community center in this space is NOT what we need. To put dollars into such a project is a mistake that the city seems intent on following through on. We don't have the resources to do this well. A better use of dollars would be to collaborate with St. Ben's College to use some of their facilities, or with Waite Park and the Y. By diverting community center monies to that would grow the feeling of community in town, especially if St. Ben's were open to discussions. If you do decide 21 to move ahead to build a community center, it should be by the school so the children can access it easily without needing to be transported to after school activities. It should not be on this field. We don't need more building in the center of town. Thank you, Alison Hendley 114 2nd Ave SE http://www.alisonhendleyhealing.com/ "My soul is striving to remember who I am, to make who I am compatible with who I was born to be, to bring who I am into synch with who I will be." Steven Foster Total Control Panel Login To: nkeller@cityofstjoseph.comMessage Score: 25High (60): Pass From: alisonhendley@yahoo.comMy Spam Blocking Level: MediumMedium (75): Pass Low (90): Pass Block this sender Block yahoo.com This message was delivered because the content filter score did not exceed your filter level. 22 c Planning Commission Agenda Item: 6a, 6b, th MEETING DATE: January 11, 2021 AGENDA ITEM: 6a Fence ordinance discussion 6b Accessory structure discussion SUBMITTED BY: Nate Keller, Community Development Director STAFF RECOMMENDATION: Consideration and Planning Commission input on the drafted ordinance language and ideas presented. PREVIOUS PLANNING COMMISSION ACTION: Previously Planning Commission asked staff to research potential revisions to the fence and accessory structure ordinance. BACKGROUND INFORMATION: The drafted fence ordinance is meant to: clarify the application and inspection process Eliminate unnecessary and redundant language Clarify fence placement requirements The drafted accessory structure ordinance is meant to: Create consistency between city code language and other applicable codes (building, fire, etc.) Clarify and eliminate redundant language Provide choices and language consideration options Provide less restrictive options as it relates to maximum size requirements for detached buildings. ATTACHMENTS: Drafted fence ordinance language Drafted accessory structure ordinance language REQUESTED PLANNING COMMISSION ACTION: Staff requests the Planning commission make a recommendation on the proposed language and potential revisions for the fence draft and accessory structure ordinance draft. Based on the recommendation staff would like to bring back a final draft next month and conduct a public hearing. This way the revisions are made prior to the spring permitting season. 23 RED = new proposed language Strikethrough – proposed removed language Definitions to add: Decorative fence – split rail, or picket fences that are open and not opaque in nature. Decorative fences define boundaries but do not enclose. 24 ORDINANCE 506 FENCE ORDINANCE ............................................................................ 506-2 Section 506.01: APPLICATION .................................................................................... 506-2 Section 506.02: PURPOSE ............................................................................................. 506-2 Section 506.03: PERMIT ................................................................................................ 506-2 Section 506.04: FENCE HEIGHT .................................................................................. 506-3 Section 506.05: FENCE MATERIALS .......................................................................... 506-3 Section 506.06: FENCE PLACEMENT506-43 Section 506.07: LIVING FENCES ................................................................................. 506-5 Section 506.0: BORDER FENCE OR WALL ............................................................... 506-5 Section 506.08: VARIANCE .......................................................................................... 506-5 Section 506.9: PRE-EXISTING FENCES ..................................................................... 506-6 Section 506.10: MAINTENANCE OF FENCE ............................................................. 506-6 Section 506.11: EMERGENCY ACCESS TO FENCED AREAS ................................ 506-6 Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS ........ 506-6 Section 506.13: PENALTIES/REMEDIES .................................................................... 506-6 25 ORDINANCE 506 FENCE ORDINANCE Section 506.01: APPLICATION. This ordinance shall apply to the construction and maintenance of all walls or fences, to include living fences as defined herein, within the City. The requirements of this Ordinance may also be subject to modification by the terms or conditions of a Conditional Use Permit or Rezoning applicable to an individual parcel of property. Section 506.02: PURPOSE . This Ordinance was enacted for the following purposes: a) To regulate fence or wall construction and location. b) To protect property from a loss of use, enjoyment or value due to the construction of aesthetically objectionable fences or walls on adjacent property. c) To assure that fences and walls are constructed adjacent to the property line or within the property of the party who will maintain the wall or fence. d) To assure consistency in the location of fences and walls constructed in residential districts. e) To require walls and fences be constructed of a low maintenance material. f) To require walls or fences to be constructed of non-toxic materials. Section 506.03: PERMIT. Prior to constructing or reconstructing a fence or wall within the City, the person or entity owning the property on which the wall or fence is to be constructed or reconstructed shall first secure a fence permit from the City Building Official. A permit fee, in an amount set by resolution of the City Council, shall be paid at the time the application for a permit is submitted. The application shall contain the following: a) Legal description of the property on which the fence or wall is to be constructed or reconstructed, b) Sketch showing the location of the fence or wall on the property, c) A description of the materials to be used in the construction of the fence or wall, d) A description or sketch of the design and dimensions of the fence or wall, e) Compliance with the provisions of Section 506.07 (Border fence or wall). 26 f) Other information as requested by the Zoning Administrator. 1.Application procedure and inspections The application and inspection process are as follows (unless waived by the city): 1.The application shall be reviewed by the City Building Inspectorfor issuance of a building permit upon a determination that the proposal complies with this Ordinance. 2.Upon approval of a permit but prior to construction or installation of fence or wallan initial inspection of the property shall be required unless waived by the City. The property owner shall expose at least two (2) property pins to verify proof of the property line location at the time of initial inspection. 3.Following approval of the initial inspection the applicant is allowed to construct the fence in accordance to the approved plans and conditions of the permit. 4.The fence or wall shall be final inspected by the City Building Inspector upon completion of construction or reconstruction, to assure compliance with this Ordinance. Section 506.04: FENCE HEIGHT. a) Fences and walls located within a residential area shall not exceed the height of seven feet; except fences located between the front of the residential structure and the adjacent roadway shall not exceed four feet. b) Fences and walls located in a commercial area shall not exceed the height of eight feet; except no fence shall be permitted in the front yard, unless the fence enhances the visual appearance of the site/landscaping and the fence does not exceed two feet in height and is of a reasonable linear length. Chain link fences, including those with slats are prohibited when visible from the public right of way. c) Fences and walls in an industrial area shall not exceed eight feet unless a higher fence or wall is approved as part of the special use permit allowing the industrial use; except fences located between the front of the industrial structure and the adjacent roadway shall not exceed four feet in height. d) If two different zones abut, the zoning requirements of the property owner constructing the fence shall control. Section 506.05: FENCE MATERIALS. 1. Fences constructed in residential zoning districts shall not be constructed with prohibited materials as listed in Section 506.05 Subd. 4. All wood fences, other than those constructed out of redwood or cedar shall be stained or painted upon completion of construction or reconstruction. Chain link fences shall be made out of a non-rust material. 27 2. Decorative, landscape, retaining and/or privacy walls may be constructed out of stone masonry or brick provided they are: not less than four inches or more than 24 inches in widths. Such walls over four (4) feet in height shall require footings that support the structure as required by the MN State Building Code. 3. Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited unless they are formed from decorative and/or colored concrete, less than 24 inches in height and included as part of an overall landscape theme which has been developed. 3. The following materials are prohibited for fences:, but not limited to: a. Barbed wire and electrical fences, except in agricultural districts; b. Creosote lumber; c. Chicken wire; d. Woven or welded wire, except in the industrial district e. Snow Fences, except in the Agricultural/Rural Residential District f. Plastic webbing, except when used for police control. This shall not prohibit the use of plastic materials intended to resemble wood products; g. Makeshift, flimsy materials, or material such as paper, twine, rope, wood pallets, tin, except when used for traffic control or police security. 4. Decorative, landscape, retaining and/or privacy walls may be constructed out of stone masonry or brick provided they are: not less than four inches or more than 24 inches in widths. Such walls over four (4) feet in height shall require footings that support the structure as required by the MN State Building Code. 5. Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited unless they are formed from decorative and/or colored concrete, less than 24 inches in height and included as part of an overall landscape theme which has been developed. 6. Other materials which are not specifically allowed by this Section, nor specifically prohibited may be permitted subject to City Council review and approval. Section 506.06: FENCE PLACEMENT 1.Fences can be placed directly on the shared property line provided the adjacent property owner (s) provide written consent in the form of a notarized signature at the 28 time of permit application. If adjacent property owner (s) do not provide written consent then the fence shall be placed at least two (2) feet off the shared property line. 2.No fence shall be constructed which is approximately parallel to an existing fence, and that is lessthan two feet and parallel to an existing fence so as to create an area between the fences which has limited accessibility for purposes of maintenance. 3.Fences shall only be allowed in the side and rear yards except decorative fences may be allowed in the front yard provided they are no higher than three and a half (3 ½) feet and are not designed to enclose the entire front yard. 4.Fences shall not extend into public right-of-way and be setback a minimum of ten (10) feet from the surface of any street. 5. Fences shall be setback at least two (2) feet from any trail, or sidewalk. 6. The finished side of the fence shall face adjacent property. Section 506.07: LIVING FENCES. Living fences may be constructed out of trees or shrubs. Trees and shrubs used as fencing are not restricted in height; except the height of the living fence located to the front of a residential structure shall not exceed four feet. The owner of the property adjacent to a living fence may trim or prune that part of the tree or shrub which extends across the property line over his or her property. Living fences do not require a permit. Section 506.08: BORDER FENCE OR WALL. a) A fence or wall constructed of maintenance-free materials may be constructed adjacent to the property line so long as all parts of the fence, including post anchors, are located within the property of the owner and so long as the bottom of the fence (exclusive of posts or anchors) is at least two inches above the ground. For purposes of this paragraph, the term "maintenance-free materials" shall include stone, brick, stucco, vinyl, plastic, or chain-link which is finished with a rust resistant material. b) Fences and walls shall be constructed at least two feet inside the property line or adjacent to the property line, unless the, fence or wall is constructed of maintenance-free materials in accordance with paragraph (a) of this section. c) For any fence or wall located within six feet of a property line, that side of the fence which presents the most finished appearance, shall be the side which faces the adjacent property. d) No fence shall be constructed which is approximately parallel to an existing fence, and closer than two feet so as to create an area between the fences which has limited accessibility for purposes of maintenance. Section 506.08: VARIANCE. Provisions of this ordinance may be varied by the City Council upon application, and after consideration and hearing by the Planning Commission with recommendation to the City Council. A fence variance application fee may be established by resolution of the City Council. 29 Section 506.9: PRE-EXISTING FENCES. This Ordinance shall apply only to fences and walls constructed or reconstructed after July 1, 2012. Any pre-existing fence that does not conform with the provisions thereof shall not be altered, extended or reconstructed except in conformance with this Ordinance. Section 506.10: MAINTENANCE OF FENCE. a)All fence and walls located within the City shall be maintained in a safe condition. The owner of the property on which a fence or wall is located shall be responsible for the maintenance and repair of the fence. b) No fence or wall may be maintained in a location which obstructs the ability of a driver of a motor vehicle to see other drivers or pedestrians on any street or alley. Section 506.11: EMERGENCY ACCESS TO FENCED AREAS. An access opening for emergency entrance shall be incorporated into any fenced areas within which a building is totally or partially located. For residential use property, the access opening shall be at least four (4) feet in width. For commercial or industrial use property, the access opening shall be at least fourteen (14) feet in width. A gate or unfenced area shall qualify as an access opening if of sufficient width. Section 506.12: RESTRICTIONS ON FENCESOVER PUBLIC EASEMENTS. Fences may only be erected over an easement if the landowner meets the requirements of St. Joseph Ordinance Section 302.03(b). If the request for the fence is approved, the City retains the right to require the landowner to remove or abate the fence where the fence interferes in any manner with the City’s easement use. If there is an emergency necessitating immediate access to the easement, the City reserves the right to remove the fence to obtain access to the easement. The landowner shall bear all costs for removal and restoration of the fence in the event the landowner is required to remove the fence for access to the easement or in the event the City removes the fence in the case of an emergency. The City specifically reserves all rights of an easement holder afforded under the common law of the State of Minnesota. Section 506.13: PENALTIES/REMEDIES . Violation of this ordinance shall constitute a misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the terms under which this permit is granted, violation of the conditions is a violation of this ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a Court order directing maintenance or removal of the fence or injunctive relief prohibiting construction or maintenance of a fence in violation of this ordinance. Sec. 506.7(a) & (c) updated 2/24/98 Sec. 506.7(c), 506.12 & 506.13 amended 1/07 Ordinance Amended 07/05/12 Ordinance Amended 04/03/13 30 Red – new proposed language Strikethrough – proposed to be removed Items to think about: Accessory dwelling units. Size restrictions Size of lot Standards on materials/aesthetics. Standards related to attached additions and requiring them to Communities studied: Ramsey o http://www.cityoframsey.com/565/Accessory-Buildings Otsego o http://otsegotownship.org/Portals/1046/Zoning%20ordinance/04GENERALPRO VISIONS.pdf Big Lake o https://www.biglakemn.org/DocumentCenter/View/239/Section-1020- PDF?bidId= Sauk Rapids Sartell o https://y8uv11hr9mk3dk6fy9ukjd82-wpengine.netdna-ssl.com/wp- content/uploads/2020/05/Title-10-Zoning-Regulations.pdf Lakeville o https://www.lakevillemn.gov/DocumentCenter/View/197/Accessory-structures- PDF Brainerd o http://www.ci.brainerd.mn.us/DocumentCenter/View/794/Zoning-Requirements- for-Accessory-Structures-PDF Lake Elmo o https://www.stfrancismn.org/sites/default/files/fileattachments/city_clerk/page/39 11/18_sec-18-acc-bldg-august-2016.pdf Big Lake o https://www.biglakemn.org/DocumentCenter/View/239/Section-1020- PDF?bidId= Community Size of lotLimits Gant <1 acre 1,000 1.01-2.99 1,500 3-4.99 2,000 5-9.59 2,500 31 9.6-14.99 3,500 15-19.99 4,000 20 No limit Brooklyn Park Any lotCannot exceed the foundation footprint of the house or 1,000 square feet – whichever is greater Lake Elmo <1 acre 600 1-2.5 1,200 2.5-5 1,500 5-104,000 10+ 5,000 Stillwater Township <5 acres1,600 5-82,400 8-112,600 Ramsey0-.51,500 or 10% of lot whichever is smaller .5-1 1,800 1-1.49 2,200 1.5-1.99 2,400 2-2.49 2,400 2.5-3.49 2,700 3.5-4.49 3,000 Forrest Lake <.344 1,120 .344 or larger2,000 Big Lake Cannot exceed coverage of home or 1,200 square feet 32 North Branch 33 Section 502.12: GENERAL PERFORMANCE STANDARDS The intent of this section of the zoning ordinance is to establish general development performance standards. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 1: Accessory Buildings in Residential Districts. a) Detached accessory buildings shall be located in the rear yard. b) Detached accessory buildings which are greater than fifty (50) square feet, but less than two-hundred (200) square feet shall require a zoning permit. The Zoning Permit Fee shall be established and amended from time to time by resolution of the City Council. c) Detached accessorybuildings two-hundred (200) square feet or greater shall require a building permit. d) Attached accessory buildings and structures shall comply with the setback regulations in the respective zoning district. Detached accessory buildings shall be setback a minimum of ten feet (10’) from the rear and side yard lot lines, except that on corner lots shall have a side yard setback of twenty feet (20’) feet from the property line on the intersecting street. Accessory buildings shall not be located over any easement.Any accessory building proposed to be within five feet, overhang to overhang of the principal building shall either be made structurally a part of the principle building or the wall and soffit area of the accessory building that is within five feet of the principle building shall be constructed to a one-hour fire rating. e) Accessory buildings shall not to exceed over one (l) story of or sixteen (16) feet in height whichever is less. f) All garages shall, if the vehicle entrance backs upon a public alley, be setback at least ten (10) feet from the public alley right-of-way. g) In no case shall the door of any structure, building, fence or improvement be erected or constructed so as to extend beyond any lot line. h) In business and manufacturing districts, accessory buildings and uses may occupy any of the ground area which the principal building is permitted to occupy. Accessory buildings such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard in the Industrial District. 34 i) Within the R-1, R-2 and R-4 districts no detached accessory structures, shall exceed the maximum lot coverage requirements outlined within the respective districts or the maximum allowable accessory structure square footage (floor area) as shown in table 1: Size of lotMaximum allowable square footage (floor area) 0-.5 acres1,400 .51 aces – 1 acre 2,000 1.1-2 acres2,500 2.1 acres and moreNo limits as long as lot coverage requirements are not exceeded Table 1 excluding decks, porches and patios but including attached garages, or any combination of accessory structures shall exceed 1,350 square feet or ten percent (10%), whichever is the lesser, of the total lot area. In addition, lot coverage requirements outlined within the respective districts shall be adhered to. j) Within the R-1, R-2, and R-4 districts no lot may have more than two (2) accessory buildings, excluding decks, porches and patios. k) Accessory building of less than fifty (50) square feet shall not be considered when computing the limitations of paragraph i. and j. above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 100 square feet. l) The same or similar exterior building material (such as siding, shingles, etc.) shall be used on the accessory building and the principal building. m) Pole barns and/or post frame construction and hoop tubular frame buildings are prohibited. 35 Section 502.12: GENERAL PERFORMANCE STANDARDS The intent of this section of the zoning ordinance is to establish general development performance standards. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 1: Accessory Buildings in Residential Districts. a) Detached accessory buildings shall be located in the rear yard. b) Detached accessory buildings which are greater than fifty (50) square feet, but less than two-hundred (200) square feet shall require a zoning permit. The Zoning Permit Fee shall be established and amended from time to time by resolution of the City Council. c) Detached accessorybuildings two-hundred (200) square feet or greater shall require a building permit. d) Attached accessory buildings and structures shall comply with the setback regulations in the respective zoning district. Detached accessory buildings shall be setback a minimum of ten feet (10’) from the rear and side yard lot lines, except that on corner lots shall have a side yard setback of twenty feet (20’) feet from the property line on the intersecting street. Accessory buildings shall not be located over any easement. e) Accessory buildings shall not to exceed over one (l) story of or sixteen (16) feet in height whichever is less. f) All garages shall, if the vehicle entrance backs upon a public alley, be setback at least ten (10) feet from the public alley right-of-way. g) In no case shall the door of any structure, building, fence or improvement be erected or constructed so as to extend beyond any lot line. h) In business and manufacturing districts, accessory buildings and uses may occupy any of the ground area which the principal building is permitted to occupy. Accessory buildings such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard in the Industrial District. ii) Within the R-1, R-2 and R-4 districts no detached accessory structures, excluding decks, porches and patios but including attached garages, or any 36 combination of accessory structures shall exceed the allowable building lot coverage in the zoning district which it is located 1,350 square feet or ten percent (10%), whichever is the lesser, of the total lot area. In addition, lot coverage requirements outlined within the respective districts shall be adhered to. j) Within the R-1, R-2, and R-4 districts no lot may have more than two (2) accessory buildings, excluding decks, porches and patios. k) Accessory building of less than fifty (50) square feet shall not be considered when computing the limitations of paragraph i. and j. above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 100 square feet. l) The same or similar exterior building material (such as siding, shingles, etc.) shall be used on the accessory building and the principal building except for sheds that are 200 square feet or less can be constructed of prefabricated plastic. Metal roofs are allowed provided they are constructed with standing seams and concealed or exposed fasteners. Sheds 200 square feet or less shall be anchored through a manufacture’s approved anchoring kit. m) Pole barns and/or post frame construction and hoop tubular frame buildings are prohibited. 37 2021Planning Submittal and Meeting Dates Phone 320-229-9425 Submittal Deadline Planning Commission City Council By 12:00 pm December 211/11/212/1/21 January 15 2/8/21 3/1/21 February 123/8/213/15/21 & 4/5/21 March 23 4/12/21 4/19/21 & 5/3/21 April 22 5/10/21 5/17/21 & 6/7/21 May 24 6/14/21 6/21/21 & 7/6/21 June21 7/12/21 7/19/21 & 8/2/21 July 19 8/9/21 8/16/21 & 9/7/21 August 23 9/13/21 9/20/21 & 10/4/21 September 20 10/11/21 10/18/21 & 11/1/21 October 18 11/8/21 11/15/21 & 12/6/21 November 22 12/13/21 12/20/21 & 1/3/22 December 20 1/10/22 2/7/22 A complete application must be submitted three (3) weeks prior to the next Planning Commission meeting for which you wish to be heard.