HomeMy WebLinkAbout1_10_22_PC packet
www.cityofstjoseph.com
75 Callaway Street East | Saint Joseph, Minnesota 56374
Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363-0342
St. Joseph Planning Commission
Monday, January 10th, 2022 6:00 PM St. Joseph Council Chambers 75 Callaway St E **The meeting will also be available through Zoom**
1.Call to Order
2.Pledge of Allegiance
3.Agenda Review and Adoption
4.Approve Minutes – December 13th, 2021
5.New Business
a.2022 Chair and Vice Chair nominationb.Public Hearing - Variance side yard setbacks Frieler
6.Old Business
7.Other Business
8. Adjourn
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December 13th, 2021
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Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met On Monday, December 13th, 2021 at 6:02 PM. in the St. Joseph City Hall opening with the Pledge of Allegiance.
Planning Commission Members Present: Commissioners Mike Osterman, Bob Loso, Gina Dullinger, Mike Ross, Anne Jarrell
Absent: Carmie Mick, Chad Hausmann
Staff Present: Nate Keller Community Development Director
Approval of the Agenda: Loso made a motion to approve the agenda. The motion was seconded by
Osterman and passed unanimously by those present.
Approval of the Minutes: Loso made a motion to approve the minutes of October 11th and October
25th, 2021. The motion was seconded by Osterman and passed unanimously by those present.
New Business: a.Bad Habit – Building Material Request
Keller presented an overview of Bad Habit’s building expansion project. The request is for the Planning Commission to make a recommendation on the percentage of architectural metal allowed.
The Commission discussed where the architectural metal would be, reviewed the rendition in their meeting packets, and viewed the sample material which the applicant shared with the Commission.
Dullinger motioned to approve the Request to Exceed the Maximum Percentage for Architectural
Metal; seconded by Jarrell and passed unanimously.
b.2022 Meeting ScheduleThere are no changes on the proposed time and day of month of meetings from 2021. All meetings willoccur on the 2nd Monday at 6 PM.
Jarrell motioned to approve the2022 Meeting Schedule; seconded by Dullinger and passed
unanimously.
c.2022 Chair and Vice ChairThe Commission tabled the appointments for Chair and Vice Chair due to other appointments on boardthat need to be made in January.
d. Special MeetingsThe Commission discussed best practice in regard to calling special meetings, including logistics,
publications and extensions.
Old Business: None.
Other Business: None.
Adjourn: Dullinger moved to adjourn the meeting at 6:23 PM. The motion was seconded by Loso
and the motion carried.
Nate Keller Community Development Director
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Planning Commission Agenda Item 5b
MEETING DATE: January 10th, 2022 AGENDA ITEM: 5b SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Approve variance as proposed PREVIOUS PLANNING COMMISSION ACTION: None
BACKGROUND INFORMATION:
Gerald Frieler has submitted a request for a variance for property identified as: 713 1st Ave SW (parcel id 84.53532.0507). City ordinance 502.30 Subd. 6 B) requires all single-family homes to be setback at least 10’ from interior side lot lines. Mr. Frieler is proposing to be 8.66’ from the North and South side lot line. 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. A variance shall only be permitted if all of the following facts and conditions exists: 1. The variance is consistent with the adopted St. Joseph Comprehensive Plan.
2. The variance is in harmony with the general purposes and intent of this Ordinance.
3. The applicant establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties as used in connection with the granting of a variance shall mean: a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. b. The plight of the landowner is due to the circumstances unique to the property not created by the landowner c. The variance, if granted will not alter the essential character of the locality. 4. Economic considerations alone shall not constitute practical difficulties under the
terms of this Ordinance. 5. Practical difficulties shall include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
6. Variances shall be granted for earth sheltered construction as defined in MN Statute 216C.06, Subd. 14 as may be amended, when in harmony with the zoning ordinance.
7. Additional Conditions: If granting a variance, the City Council may impose conditions to ensure compliance with this Ordinance and to protect adjacent properties.
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The applicant has provided responses to these criteria and those responses are shown in the variance application. It is also important to note that 502.12 Subd. 6 H also requires any houses on R-1 zoned lots
to have an attached or detached garage that is at least 20 feet in width and 22 feet in depth.
The applicant is proposing a house of modular design and with the city requirement to have a garage at
least 20’x 22’ the house ends up falling just short (1.’) of the required 10’ side setbacks. While the applicant could meet the standards of the zoning ordinance by detaching the garage, the design of the house and garage would change substantially with detaching the garage from the house. In addition, an attached garage fits the surrounding neighborhood homes.
BUDGET/FISCAL IMPACT: None
ATTACHMENTS:
1.Two Findings of Fact Resolutions (to support and to deny request)
2.Variance application3.Site plan
REQUESTED PLANNING COMMISSION ACTION: 1.Conduct the public hearing2.Provide recommendation on Findings of Fact resolution (to support or deny the request)
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RESOLUTION 2022-A A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A VARIANCE TO THE INTERIOR SIDE YARD SETBACK REQUIREMENTS IN A R-1 ZONED DISTRICT WHEREAS, Gerald Frieler, applicant and owner of property has properly applied for a variance to
the required interior side yard setback requirements in a R-1 zoned district for the subject property identified as:
713 1st Ave SW (Parcel ID 84.53532.0507) Lot 008, Block 001 of Foxmore Hollow
“Subject Property”
WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on January 10th, 2022, 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, that the following Findings of Fact supporting a variance to the
minimum interior side yard setback distance on a R-1 zoned property: 1. That Gerald Frieler, owner and hereinafter referred to as “Applicant,” properly applied for a variance.
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 January 10th, 2022 and that the Planning Commission reviewed the variance request and recommended approval of the variance. 4. That the Subject Property is zoned R-1 Single-Family residential.
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5. That City Ordinance requires 502.30 Subd. 6 B) requires a 10’ interior side yard setback.
6. That the Applicant proposes the North and South interior side yard setback to be 8.66’. 7. That the variance is consistent with the St. Joseph Comprehensive Plan. 8. That the variance is in harmony with the general purpose and intent of the Ordinance. 9. That the Applicant has established that there are practical difficulties in complying with the zoning ordinance. 10. That the variance is reasonable given the property would be used in a reasonable manner.
11. That the applicant’s request is unique given the modular design of the house and an attached garage fits the character of the neighborhood
12. That the variance will not alter the essential character of the neighborhood given the variance proposed is a minimum encroachment onto the minimum side yard setback distances and will not be noticeable to adjacent 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 interior side yard setback of the Subject Property is granted 2. Contingent on the variance being recorded at Stearns County recorder’s office 3. Contingent on issuance of a building permit for the subject property and all other applicable ordinances adhered to. 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 18th day of January, 2022
CITY OF ST. JOSEPH
By Rick Schultz, Mayor
ATTEST By Therese Haffner, City Administrator
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RESOLUTION 2022-B A RESOLUTION APPROVING A FINDINGS OF FACT FOR DENIAL OF A VARIANCE TO THE INTERIOR SIDE YARD SETBACK REQUIREMENTS IN A R-1 ZONED DISTRICT WHEREAS, Gerald Frieler, applicant and owner of property has properly applied for a variance to
the required interior side yard setback requirements in a R-1 zoned district for the subject property identified as:
713 1st Ave SW (Parcel ID 84.53532.0507) Lot 008, Block 001 of Foxmore Hollow
“Subject Property”
WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on January 10th, 2022, 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, that the following Findings of Fact support a denial to the variance to
the minimum interior side yard setback distance on a R-1 zoned property: 1. That Gerald Frieler, owner and hereinafter referred to as “Applicant,” properly applied for a variance.
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 January 10th, 2022 and that the Planning Commission reviewed the variance request and recommended approval of the variance. 4. That the Subject Property is zoned R-1 Single-Family residential.
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5. That City Ordinance requires 502.30 Subd. 6 B) requires a 10’ interior side yard setback.
6. That the Applicant proposes the North and South interior side yard setback to be 8.66’. 7. That the Applicant has not established that there are practical difficulties in complying with the zoning ordinance. 8. That the applicant can modify the house and garage plans and adhere to the setbacks without needing a variance. 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 interior side yard setback of the Subject Property is not granted
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th day of January, 2022
CITY OF ST. JOSEPH
By Rick Schultz, Mayor
ATTEST By Therese Haffner, City Administrator
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