HomeMy WebLinkAbout03.11.24St. Joseph Planning Commission
Monday, March 11th, 2024
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.Public Comment
4.Agenda Review and Adoption
5.Approval of February 12th, 2024 minutes
6.New Business
a.PUBLIC HEARING – Special Home Occupation 201 Pond View Lane
b.Non-conforming Structure – Extension Request 13 2nd AVE NW – House of Hern
c.PUBLIC HEARING – Variance to the North Rear Building Setback 13 2nd AVE NW -
House of Hern
d.Parking Proposal – House of Hern 202 MN ST W
i.PUBLIC HEARING – Variance for Parking lot setback at 202 MN StTW– House
of Hern
ii.PUBLIC HEARING – Variance for Maximum Impervious Surface Coverage 202
MN ST W– House of Hern
7.Old Business
a.General updates
8.Other Business
a.General updates
b.Joint Planning Board – March 13th
c.All Boards and Commissions meeting – March 26th
9.Adjourn
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1
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met on
Monday, February 12th, 2024, at 6:00 PM in the St. Joseph City Hall opening with the Pledge of
Allegiance.
Planning Commission Members Present: Commissioners Keith Louwagie, Mark Thompson, Adam
Scepaniak, Jon Hazen, Carmie Mick
Staff Present: Nate Keller, Community Development Director via phone
Public Comments: None.
Agenda Review & Adoption: Hazen made a motion to approve Agenda Review & Adoption. The
motion was seconded by Thompson and passed unanimously.
Approval of November 13th, 2023, minutes: Thompson made a motion to approve the November 13th
minutes. The motion was seconded by Louwagie and passed unanimously by those present.
New Business:
a.Short-term rentals in B-1 Zoning district
Background information was provided to the Commission on short-term rentals by Keller. Currently
the City Code is silent on the use which means it is prohibited. The focus of the discussion for the
agenda item is in regards to Short-term rentals within the Downtown District.
Keller provided explanation on how other cities regulate, common concerns, and benefits in regards
to the use.
The Commission had conversation along with questions tied to: how the use could be regulated, what
requirements may look like, concerns/conflicts, positives, and more. Overall the Commission was
supportive of exploring options to consider allowing the use in the Downtown district.
Old Business:
a.Keller updated the Commission on: Feedmill rezone, Vacation of Easements for Industrial park projects
Other Business:
a.Keller provided updates on: House of Hern project, Joint Planning Board on March 13th, Industrial Park
Phase 2, Housing development, Joetown apts, River’s Bend park, Community Development Intern,
Legislation.
Adjourn: Hazen moved to adjourn the meeting at 6:31PM. The motion was seconded by Louwagie
and the motion carried.
Minutes approved by:
Nate Keller
Community Development Director
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Planning Commission Agenda Item
06a
MEETING DATE:
AGENDA ITEM:
March 11th, 2024
06a – PUBLIC HEARING – Special Home Occupation license 201
Pond View Lane
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Approval of agenda item
PREVIOUS PLANNING COMMISSION ACTION: None
BACKGROUND INFORMATION:
Sheryl Matters owns and lives at 201 Pond View Lane and is proposing to operate a licensed home
massage therapy business. Massage therapy businesses are permitted through a “Special Home
Occupation license”. Special Home Occupation's require Planning Commission recommendation, and
Council approval. Conditions may be placed on the home occupation. The ordinance allows an initial
Special Home Occupation to be issued up to a maximum of one year for the first year of operation.
After the first year the permit may be reissued for up to five years. Re issuance will require Planning
Commission and Council actions one year after the date of the initial approval.
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The therapy massage business is proposed in a 120 square foot area of the home.
No signage is proposed nor any exterior modifications to the home. The applicant will be required to
meet all massage license requirements and inspections. All parking generated by the businesses will be
met on-site within the driveway of the home and the applicant will only have one client at a time
coming to the home.
Hours of operations are proposed to be Monday – Saturday from 10AM to 6PM. The permit will be
good for up to a maximum of one year (max term for an initial home occupation).
BUDGET/FISCAL IMPACT: None
ATTACHMENTS:
1.Application and site plan
2.Finding of Fact Resolution 2024-001
REQUESTED PLANNING COMMISSION ACTION:
1.Conduct public hearing
2.Motion on Finding of Fact 2024-001 approving Special Home Occupation Permit for 201 Pond
View Lane
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From:Todd & Julie Imdieke
To:Nate Keller
Subject:Proposed Massage Therapy Business
Date:Monday, March 4, 2024 3:10:55 PM
Hello Nate,
I am writing to voice my opposition to a massage therapy business in a residential setting. This
seems to be a business that would be better located in a commercial area of St. Joe. I feel the
increased traffic in the neighborhood would detract from the area residences and also be a
safety concern for an already busy traffic area.
Thank you,
Todd Imdieke
128 12th Ave SE
St Joseph, MN 56374
Public Comment received by staff
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From:Nate Keller
To:"Kris Peterson"
Subject:RE: Comment re: Special Home Occupation
Date:Monday, March 4, 2024 8:27:00 AM
Attachments:image001.png
Good morning Kris,
Thank you for your comments and reaching out.
Ms. Matters stated that the parking (one car at a time) would be met within her driveway or “on the
street in the front”.
We will have conditions tied to one client at a time and parking within the driveway.
I mentioned this to Ms. Matters this morning and she has no issues with those conditions.
Her proposed hours of operations are:
Mon – Sat from 10am – 6pm
If you have any other questions/concerns please let me know.
Thank you,
Nate Keller, AICP
Community Development Director
City of St. Joseph
75 Callaway St E
St. Joseph, MN 56374
Work cell (320)-557-3524
Office (320)-229-9425
From: Kris Peterson <krspeterson@gmail.com>
Sent: Sunday, March 3, 2024 2:15 PM
To: Nate Keller <nkeller@cityofstjoseph.com>
Subject: Comment re: Special Home Occupation
Hello, Nate -
I am unable to attend the public hearing on Sheryl Matters' request to operate a massage business
at 201 Pond View Ln. I don't have any objection to her request for her business, but I do have one
concern.
I live across Baker St from Ms Matters at 1205 E Baker. Pond View Lane ends at Baker St and my
driveway. Backing out from my driveway is difficult at times, as there is traffic approaching from
three ways. If a client parks in front of my house, it could restrict my already sometimes dangerous
access to Baker St.
Public Comment received by staff
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I am wondering what her plan is in regards to the parking information she will give her clients. I am
assuming she'll have one client at a time, so I'm hoping that her client parking will be restricted to
her driveway, and that she will discourage them from parking on Baker St - already a fairly busy road.
Please feel free to call if you have any questions.
Thank you.
Kris Peterson
1205 E Baker St,
St Joseph, MN 56374
320-250-5864
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RESOLUTION 2024-001
ADOPTING FINDINGS OF FACT AND APPROVING A
SPECIAL HOME OCCUPATION LICENSE FOR AN MASSAGE THERAPY BUSINESS
WHEREAS, Sheryl Matters, hereinafter referred to as “Applicant” has properly applied for a Special
Home Occupation License for a Massage Therapy business on the property generally described as:
201 Pond View Lane, St. Joseph, MN (“Subject Property”)
Lot 004, Block 005 of Pond View Ridge
Parcel ID: 84.53790.0024; and
WHEREAS, the St. Joseph Planning Commission reviewed the request and recommended approval of
the special home occupation license on March 11th, 2024; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.
JOSEPH, MINNESOTA, hereby, makes the following Findings of Fact:
1.That the subject property is zoned R-1 Single Family Residential District and a massage therapy
business will be operated in the home of the subject property contingent on approval of a Special
Home Occupation License.
2.That the home occupation will not be detrimental to or endanger public health, safety, morals,
comfort, or general welfare of the neighborhood and will be harmonious to the objectives of the
Comprehensive Plan of the City.
3.That the massage therapy business will be located within the existing single-family home in a
10’ (foot) x 12’ (foot) room and will be operated and maintained so as to be harmonious and
appropriate in appearance with character of the area and will not be hazardous or disturbing to
existing or future neighboring uses.
4.That adequate utilities and services, have been provided and will not create excessive additional
costs for services and/or be detrimental to the economic welfare of the community.
5.That the home occupation will not 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.
6.That the existing access to the property off Pond View Lane will be maintained and no new
accesses will be constructed. In addition, the access will not create traffic congestion or interfere
with traffic or surrounding public thoroughfares.
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7.That all parking generated from the home occupation shall be off-street and that the
existing driveway is concrete and will provide sufficient off-street parking serving the proposed
use.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH,
MINNESOTA, that the following conditions apply to the Special Home Occupation License for
the subject property as follows:
1.Based on the aforementioned Findings of Fact, a Special Home Occupation License (“license”) to
allow the operation of a massage therapy business at the residential home on the Subject Property
is hereby granted.
2.The property owner will manage the Subject Property in compliance with the St. Joseph Code of
Ordinances.
3.The home occupation on the Subject Property shall be limited to the 120 Square feet as proposed
within the home. The applicant shall be limited to one client at a time on the premises.
4.The outdoor storage of equipment or materials used in the home occupation is prohibited, except
for personal automobiles. All parking generated by the business shall be met within the driveway
of the subject property.
5.That there shall be no retail operations on the Subject Property.
6.That the property owner is responsible for meeting all Federal, State, Local, and City
requirements and obtaining all permits and licenses.
7.Revocation. The City Council shall revoke the home occupation license if it determines that the
terms and conditions of the license as issued are no longer being complied with.
8.Expiration: If the use is not operational within one year by March 18th, 2025, then the license shall
expire and a new Special Home Occupation license shall be applied for.
9.Renewal: City Code 502.16 Subd. 5 Section B 3. requires a maximum issuance of one year for an
initial Special Home Occupation license. After the one year the license shall be renewed therefore
the license shall be renewed by March 18th, 2025.
10.The Zoning Administrator and/or his/her designee shall have the right to inspect the premises in
which the occupation is being conducted to ensure compliance with the provisions of the license
and City Ordinance.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th
day of March, 2024
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
David Murphy, City Administrator This document drafted
by:
City of St. Joseph, MN
75 Callaway St E
St. Joseph, MN
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Planning Commission Agenda Items
06b
06c
06d I and II
MEETING DATE: March 11th, 2024
AGENDA ITEM: 06b – Non-Conforming Structure – Extension Request – House of Hern
06c – PUBLIC HEARING – North Rear Building setback 13 2nd Ave
NW – House of Hern
06d – Parking Proposal
06d 1 – PUBLIC HEARING - Parking lot setback 202 MN ST W -
House of Hern
06d 2 – PUBLIC HEARING - Impervious Surface Coverage 202 MN ST
W – House of Hern
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Approval of agenda items
PREVIOUS PLANNING COMMISSION ACTION: Planning Commission recommended approval of
the rezone for subject property on Nov. 13th . Council subsequently approved the rezone on Nov. 20th.
BACKGROUND INFORMATION:
House of Hern, LLC (Owners Craig and BriAnne Hern) have submitted their formal plans to develop the
former gas station site at 13 2nd Ave NW. The proposed development requires multiple action items tied
to building placement/setback, and an off-site parking proposal with variances at 202 MN ST W.
202 MN St W
13 2nd Ave NW
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Building Proposal (Agenda items 06b and 06c)
House of Hern is proposing to construct a 5,880 square foot building with a detached cooler, and on-site
trash enclosure at 13 2nd Ave NW. All Environmental work (Phase 1/2, soil borings, etc.) have been
completed with no issues and no site remediation needed.
06b – Non-conform ing structure – extension request
The subject property had a gas station building that was knocked down on April 20th, 2023 according to
city records. The previous structure was considered a legal non-conforming structure due to the building
pre-dating the existing setback regulations. The previous building had a 2’ setback on the West side lot line
and this setback was considered legal-nonconforming (code requires 20’ setback now due to property to
West being zoned residential).
Legal non-conforming structures can be rebuilt within the same non-conforming footprint per ordinance
502.08 Subd. 2 as long as the structure is rebuilt within one year. The ordinance states “any non-conformity
may be continued, including through repair, replacement, restoration, maintenance, or improvement, but
not including expansion, unless the nonconformity or occupancy ceases for a period of one year”.
The applicants are hoping to start construction as soon as possible however meeting the deadline of April
20th, 2024 may not occur due to many reasons (weather, frost restrictions, site preparation, permit approvals,
etc.)
Therefore, the applicants are requesting an extension of six months (Oct. 20th, 2024) in order to have time
and account for any unforeseen setbacks to rebuild the structure. The extension will allow the applicants to
rebuild the structure within the same footprint and setback on the West side lot line (2’) without the need
for a variance.
06c – Public Hearing – VARIANCE North rear building setback
The applicants are proposing a 12’ building setback to the North rear lot line. City Ordinance 502.50 Subd.
5 requires a 20’ setback to residential districts. The property to the North is operated as a commercial use
however is zoned residential therefore a 20’ setback applies. If the property to the North was zoned
commercial then a zero setback would apply.
View of 13 2nd Ave NW looking North on Minnesota ST
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The applicants are also proposing a detached cooler that will be installed up to the lot line. Coolers are not
considered a “building” per definitions in the City Code therefore setbacks do not apply to this structure.
The applicants are requesting approval of a zero-lot line setback however to allow maximum use of the
property. A trash enclosure is also proposed to be installed right up to the lot line (setbacks do not apply
either to these structures within the B-1 Central Business District). The applicants have provided responses
to the variance criteria in their variance application.
Stormwater rate control requirements will need to be met. This will likely include use of gutters to capture
the roof water and use of underground systems with undergrounding PVC piping.
Parking Proposal (Agenda items 06d, 06d1, 06d2)
06d – Parking Proposal 202 MN St W
The applicants plan to develop parcel 13 2nd Ave NW with a commercial building leaves no room for on-
site parking due to the footprint of the proposed building. Ordinance 502.10 Subd. 3 Section 1 allows
developments in the B-1 Zoning district to propose alternative parking arrangements. The applicants are
planning to construct off-street parking for the site at 202 MN ST W which is located directly to the South
(across MN St) from their proposed building.
The parking plan provides for 38 parking spots which meets the total quantity of spots required for the
proposed building and intended uses. The applicants are required to have an ADA parking spot therefore
will need to provide crossing improvements (at their own expense) to ensure a clear, unobstructed path is
provided from the parking spot to the building. The city’s Building Official has reviewed the ADA parking.
The applicants have explored all options for parking with first focus on adjacent parcels to the 13 2nd Ave
NW. Unfortunately, no agreements with the adjacent parcels occurred.
Therefore, the applicants pursued the site at 202 MN ST W. The site is owned by the Sisters of St. Benedicts
and the Sisters have agreed to lease the site out to allow construction of the proposed parking lot. The Sisters
have included a formal letter stating their support for the project. The intended lease is for five years. The
five-year timeline is due to the unknown certainty facing future plans for the sisters of St. Benedict as it
relates to a potential new Monastery.
However, the Sisters have provided written acknowledgment to support the project and working with the
applicants to ensure continued usage of the parking lot after the five years (either through potential
extension of lease, selling, or other partnership).
Stormwater rate control requirements will need to be met. This will likely include use of underground
systems with undergrounding PVC piping.
06d 1 – PUBLIC HEARING – Parking lot setback 202 MN ST W
City Ordinance 502.10 Subd. 5 Section C requires parking lots to be 15’ setback from residential uses. The
property to the West is zoned residential (but guided for future land use of Downtown Commercial). Since
the adjacent property is zoned residential the 15’ setback applies. Applicants proposed setback is 4’ off the
West lot line. The applicants are proposing to offset the encroached parking lot by installing a 6’ vinyl
privacy fence to block light pollution, noise, etc. on the West side (also proposing shrubs on East side).
Parking lots in Commercial districts can be setback up to the lot line.
06d 2 – PUBLIC HEARING – Parking lot maximum impervious surface coverage 202 MN ST W
The proposed parking lot at 202 MN ST W is zoned residential therefore a maximum impervious surface
coverage of 50% applies (City Ordinance 502.30 Subd 8 Section B). Given the properties future land use
is commercial and the parking lot is tied to the development and parking proposal of 13 2nd Ave NW
maximizing the lot with as much parking as possible is an acceptable use of the lot and not out of character.
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Variance Criteria:
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.
Finding of Facts have been supplied for each Variance proposal. The Findings of Fact go directly
off the above criteria.
BUDGET/FISCAL IMPACT: None
ATTACHMENTS:
1.Variance applications
2.Site plan and sketches
3.Letter of understanding and commitment from the Sisters of St. Benedict
4.Email correspondences
REQUESTED PLANNING COMMISSION ACTION:
Agenda item 06 b
1.Motion on extension request of six months to Oct. 20th, 2024 to allow building to be constructed at
the previous non-conforming setback of 2’ (feet) on the West side.
Agenda item 06 c
1. Conduct public hearing
2.Motion on Finding of Fact 2024-002 approving Variance to North Rear Setback at 13 2nd Ave NW
(resolution to deny variance has also been included)
Agenda item 06 d
1.Motion on parking proposal (can occur after action on Variances)
Agenda item 06d 1
1. Conduct public hearing
2.Motion on Finding of Fact 2024-003 approving Variance for Parking lot setback at 202 MN ST W
(resolution to deny variance has also been included)
Agenda item 06d 2
1. Conduct public hearing
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2.Motion on Finding of Fact 2024-004 approving Variance to the maximum allowed impervious
surface coverage at 202 MN ST W
(resolution to deny variance has also been included)
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Application for Variance
APPLICANT INFORMATION:
Name (s): Date:
Address:
City: State: Zip:
Email Address:
INFORMATION ON PROPERTY OWNER (if different from Applicant):
Property Owner:
Address:
Telephone: Email:
PROPERTY INFORMATION:
Street Address of Subject Property:
Purpose of Variance:
Legal Description of Property (may be attached instead of listed):
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:
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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:
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 area.
Explain how this applies to your request:
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 see attached
meeting schedule). The application shall contain twelve (12) copies (8.5”x11” or 11”x17”) 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.
Drainage and grading plan; indicate soil type.
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: Date:
Signature of Owner: Date:
STAFF USE ONLY
Application Fee Due: $400.00
Application Fee Received by: Date Application Received:
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THEHOUSE
FOOD AND TAP
SOUTH ELEVATION VIEW
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THEHOUSE
FOOD AND TAP
EAST ELEVATION VIEW
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66'-2 3/4"
7,404.82 sf
2,377.17 sfWE
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(VARIANCE REQUIRED)
SOUTH SETBACK - ZERO FEET
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Property Area: 7,397 SF 80%
Other Impervious: 2,375 SF
Building Area: 5,880 SF
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13,069.07 sf
11,152.86 sf
765.31 sf
Property Impervious: 11,152.86 SF
85.32%
Other Impervious: 765.31 SF
NORTH SETBACK - 5'-0"
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SOUTH SETBACK - 5'-0"
APPROX. 66'-0" TO
ADJACENT PROPERTY LINE
APPROX. 27'-0" TO
ADJACENT PROPERTY LINE
Property Area: 13,070 SF (assumed)
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RESOLUTION 2024-002
A RESOLUTION ADOPTING FINDINGS OF FACT TO APPROVE A VARIANCE
APPLICATION FOR A COMMERCIAL BUILDING SETBACK
WHEREAS, House of Hern, LLC, applicant and owner of property has properly applied for a
variance to the required building setback requirements for the subject property identified as:
13 2ND Ave NW, St. Joseph, MN 56374
Legally described as: Lot 006, Block 002 of Townsite of St. Joseph
Parcel ID 84.53814.0000
“Subject Property”
WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on
March 11th, 2024, at which time all persons wishing to be heard regarding the matter were given an opportunity
to be heard; and
FACTS:
1.That House of Hern, hereinafter referred to as “Owner” and “Applicant” have 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 March 11th, 2024 and that
the Planning Commission reviewed the variance request and recommended approval of the
variance.
4.That the Subject Property is zoned B-1 Central Business District.
5.That City Ordinance 502.50 Subd. 5 requires a 20’ (foot) setback for buildings that are
adjacent to residential districts and the applicant is proposing a building that will be setback
12’ (foot) from the North property line with a detached cooler proposed at a zero-lot line
setback.
6.That the adjacent property to the North identified as 17 2nd Ave NW, Parcel ID
84.53838.0005 is zoned R-3 Multi-Family residential. The current use of the property
however is Commercial (legal non-conforming) and the future land use is Commercial
Downtown.
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7.That since the adjacent property to the North is zoned residential the 20’ (foot) setback
applies to any building on the subject property.
8.That the applicants proposed building will encroach 8’ (feet) into the required 20’ (foot)
setback on the North rear property line as shown in Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.
JOSEPH, MINNESOTA, that the following Findings of Fact support a variance to the minimum
building setback requirements:
9.That the variance is consistent with the St. Joseph Comprehensive Plan and in alliance with
Economic Development goal of: Retain, attract and grow businesses. The development of the
parcel aligns with the permitted uses in the Central Business District (Downtown
Commercial) and the city approved a rezone of the subject parcel to Central Business District
on November 20th, 2023.
10.That the variance is in harmony with the general purpose and intent of the Ordinance. The
intent of the Central Business District is to have buildings that are set close to the street and
up to the property lot lines. The applicant is proposing to place the building as close to the
street as possible on the South, and East lot lines and 2’ (feet) on the West lot line with
building at 12’ (feet) on the North rear and detached cooler up to the lot line in the North rear.
11.That the Applicant has established that there are practical difficulties in complying with the
zoning ordinance.
a.That the circumstances of the property are not entirely caused by the landowner as
the adjacent property to the North is a Commercial Use, has a future land use of
commercial and the only reason the variance is needed is because the adjacent
property to the North is zoned R-3 Multi-family.
b.That the applicant’s request is unique given that the property is zoned Central
Business District (Downtown Commercial) and the surrounding property to the
North, South, and West is zoned residential but has a future land use of Central
Business District(Downtown Commercial). Properties to the East are zoned Central
Business District (Downtown Commercial).
c.That the variance is reasonable given the future land uses of the surrounding property
are all guided for Central Business District (Downtown Commercial). If the adjacent
property to the North was rezoned to match the long-term vision of the
Comprehensive plan then a Variance for the building setback on the Northside would
not be needed.
d.That the variance will not alter the essential character of the neighborhood given the
variance proposal is for a use that is common in the nearby area and the subject
property has been rezoned to Central Business District (Downtown Commercial).
29
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. JOSEPH, MINNESOTA, as follows:
1.Based on this Finding of Fact a variance to the minimum building setback at the North rear
property line on the subject property is approved with the following conditions:
a.This Finding of Fact resolution approving the Variance shall be recorded at Stearns
County recorder’s office.
b. The overall parking proposal submitted by the applicant shall require approval by the
City.
c.An extension to rebuild a building within the same footprint of the previous non-
conforming building on the West side lot line of the subject property shall require
approval by the City.
d. Site plan approval and land disturbance permit approval will need to occur along with
Building permit approval for the subject property and all other applicable ordinances
adhered to including stormwater regulations.
e.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 March, 2024.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
David Murphy, City Administrator
30
EXHIBIT A
31
RESOLUTION 2024-002X
A RESOLUTION ADOPTING FINDINGS OF FACT TO DENY A VARIANCE APPLICATION
FOR A COMMERCIAL BUILDING SETBACK
WHEREAS, House of Hern, LLC, applicant and owner of property has properly applied for a
variance to the required building setback requirements for the subject property identified as:
13 2ND Ave NW, St. Joseph, MN 56374
Legally described as: Lot 006, Block 002 of Townsite of St. Joseph
Parcel ID 84.53814.0000
“Subject Property”
WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on
March 11th, 2024, at which time all persons wishing to be heard regarding the matter were given an opportunity
to be heard; and
FACTS:
1.That House of Hern, hereinafter referred to as “Owner” and “Applicant” have 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 March 11th, 2024 and that
the Planning Commission reviewed the variance request and recommended approval of the
variance.
4.That the Subject Property is zoned B-1 Central Business District.
5.That City Ordinance 502.50 Subd. 5 requires a 20’ (foot) setback for buildings that are
adjacent to residential districts and the applicant is proposing a building that will be setback
12’ (foot) from the North property line with a detached cooler proposed at a zero-lot line
setback.
6.That the adjacent property to the North identified as 17 2nd Ave NW, Parcel ID
84.53838.0005 is zoned R-3 Multi-Family residential. The current use of the property
however is Commercial (legal non-conforming) and the future land use is Commercial
Downtown.
32
7.That since the adjacent property to the North is zoned residential the 20’ (foot) setback
applies to any building on the subject property.
8.That the applicants proposed building will encroach 8’ (feet) into the required 20’ (foot)
setback on the North rear property line as shown in Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.
JOSEPH, MINNESOTA, that the following Findings of Fact to deny a variance to the minimum
building setback requirements is adopted:
9.That the variance is not consistent with the St. Joseph Comprehensive Plan
10.That the variance is not in harmony with the general purpose and intent of the Ordinance.
11.That the Applicant has not established that there are practical difficulties in complying with
the zoning ordinance.
a.That the circumstances of the property are caused by the landowner
b.That the applicant’s request is not unique and the circumstances have been caused by
the landowner
c.That the variance will alter the essential character of the neighborhood
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. JOSEPH, MINNESOTA, as follows:
1.Based on this Finding of Fact a variance to the minimum building setback at the North rear
property line on the subject property is denied
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th
day of March, 2024.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
David Murphy, City Administrator
33
EXHIBIT A
34
APPLICANT INFORMATION:
Application for Variance
Name (s): Craig and Brianne Hern
Address: 447 12th Ave SE
City: St. Joseph State: MN
Date: 02-12-2024
Zip: 56374
Email Address: craighern@houseofhern.com & briannehern@houseofhern.com
INFORMATION ON PROPERTY OWNER (if different from Applicant):
Property Owner: House of Hern LLC
Address: 447 12th Ave SE, St. Joseph, MN 56374
Telephone: (320) 557-8086 Email: craighern@houseofhern.com & briannehern@houseofhern.com
PROPERTY INFORMATION:
Street Address of Subject Property: 202 W Minnesota St, St Joseph, MN 56374
Purpose of Variance: Off Street Parking
Legal Description of Property (may be attached instead of listed): Section 10 Township 124 Range 029
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: According to Ordinance 502.10 subd. 3e, "Offstreet Parking facilities for dwelling
shall be provided and located on the same lot or parcel of land as the building they are intended to serve." While we are able to provide
more than the required parking for our customers and staff, we are requesting do so by utilizing parcel 84.53814.0000 to the immediate
south of our property to fulfill the requirements of off street parking. We have received a signed letter of support from the owners of
this parcel, allowing us to create a space fully in alignment with the remainder of the ordinance, providing safe access to our business.
35
STAFF USE ONLY
Application Fee Due: $400.00
Application Fee Received by: Date Application Received:
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: Our proposed business will be constructed on one of the busiest inter-
sections in the City of St. Joseph. In addition to this, the lot itself is 7,397 square feet which leaves little to no space
for both a business structure AND required off street parking. While we are able to maximize the parcel with a business
structure that meets the feedback of our community, we are hoping to offer a safe off street parking solution that will
more than meet, and exceeds, City Ordinance requirements in the parcel to the immediate south of our current parcel.
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 area.
Explain how this applies to your request: If this variance is granted, our building will be able to provide ample off street
parking for our patrons in a safe, well-maintained space. The vacant lot will be constructed in accordance with requirements
of City Ordinance 502.10, as demonstrated in the attached plan. Parking in this area is in aligment with the City's Comprehensive Plan
listing the requested parcel as future B-1 zoned district. This solution will provide the required off street parking for our business
that is not currently available for the majority of businesses on west Minnesota Street, including a safe ADA option for patrons.
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 see attached
meeting schedule). The application shall contain twelve (12) copies (8.5”x11” or 11”x17”) 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.
Drainage and grading plan; indicate soil type.
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: Date:
Signature of Owner: Date:
36
37
From:Nate Keller
To:"Rose, Karen"; Lust, Jeanne
Cc:Craig Hern; BriAnne Hern
Subject:RE: Synergy Site - Hern"s parking proposal
Date:Friday, February 16, 2024 9:23:00 AM
Attachments:image001.png
Good morning Sister Karen,
Thank you so much for the background and information.
This helps answer many of my questions and questions I anticipate.
I will include your response with the application information as supplemental background.
If there are any other questions that arise, I will circle back.
Thank you so much and have a splendid weekend!!!
Nate Keller, AICP
Community Development Director
City of St. Joseph
75 Callaway St E
St. Joseph, MN 56374
Work cell 320.557.3524
From: Rose, Karen <krose@csbsju.edu>
Sent: Thursday, February 15, 2024 4:36 PM
To: Nate Keller <nkeller@cityofstjoseph.com>; Lust, Jeanne <JNLUST@CSBSJU.EDU>
Cc: Craig Hern <craighern@houseofhern.com>; BriAnne Hern <briannehern@houseofhern.com>
Subject: RE: Synergy Site - Hern's parking proposal
Dear Nate,
Thanks for getting in touch.
The request for use of our land as a parking lot from BriAnne and Craig Hern came at a complex time
in our history. You are correct that we are in the planning stage of building a new monastery.
Despite that, because we support what Craig and BriAnne are trying to do, we wanted to find a way
to help them. We are aware that Craig and BriAnne would be making a significant investment in the
parking lot, as well as in the whole business venture, and most certainly would not want to put that
in jeopardy.
The situation is further complicated by the fact that the College of Saint Benedict has right of first
38
Some people who received this message don't often get email from nkeller@cityofstjoseph.com. Learn why this is
important
refusal on our land and buildings on the St. Joseph campus, and they, too, are in a phase of strategic
planning. I have discussed the situation with President Brian Bruess, who is also very supportive of
the Herns’ project. Because both our institutions are in the process of major change and we are not
yet sure of the end points, we agreed that the best solution would be for us (the monastery) to offer
a five-year lease. This has been approved by the Monastic Council. This is what we can, with no
reservation, offer at this point in time, along with the commitment to continue collaborating with
Craig and BriAnne to work on a longer-term solution as our plans firm up.
Blessings,
Sister Karen Rose
Karen Rose, OSB
Prioress
Saint Benedict’s Monastery
104 Chapel Lane
St. Joseph, MN56374
Tel: 320 363 7100
www.sbm.osb.org
From: Nate Keller <nkeller@cityofstjoseph.com>
Sent: Thursday, February 15, 2024 10:21 AM
To: Rose, Karen <krose@csbsju.edu>; Lust, Jeanne <JNLUST@CSBSJU.EDU>
Cc: Craig Hern <craighern@houseofhern.com>; BriAnne Hern <briannehern@houseofhern.com>
Subject: Synergy Site - Hern's parking proposal
Importance: High
Hello Sisters Karen and Jeanne,
I’m reaching out today in regards to Craig and BriAnne’s exciting planned commercial development
on 2nd Ave NW and MN St.
I’ve been working with them on the submittal items and one item came up that I have questions on.
I’ve reviewed the letter that was included regarding the intention for a five year lease on the
property The Sisters of St. Benedict own.
Questions:
What is the intent after the five year lease is up? Is there a chance the lease is terminated and
the Hern’s no longer have access to the parking lot?
Is there any reasons a longer duration lease is not being considered? I know there are intents
39
for a new Monastery so perhaps that is a factor? Again the concern from the city is what if the
Hern’s lose access to the lot after five years? Is this possible from the Monastery standpoint
given the Monastery owns the parcel?
Thank you very much for your help answering these.
I want to make sure we are covering all the bases prior to the public meetings.
So I’m trying to anticipate questions/concerns from the elected officials.
Best,
Nate Keller, AICP
Community Development Director
City of St. Joseph
75 Callaway St E
St. Joseph, MN 56374
Work cell (320)-557-3524
Office (320)-229-9425
40
From:BriAnne Hern
To:Nate Keller
Cc:Ryan Cross; Craig Hern; Dean Stienessen; Tess Aleshire
Subject:Re: The House Food and Tap - Site Plan and Variances
Date:Tuesday, February 20, 2024 3:37:04 PM
Hello,
Let’s plan to disregard the parking option with a street ADA spot. Do you need us to resubmit anything without that
second option?
As for the extension, we would like to formally request a six-month extension from the April 20th, 2023 date, bringing
us to a date of October 20th, 2024. This will allow us to ensure we are in alignment with frost law guidelines and have
all bids, licensures, etc. in order for launch. (Note: we are assuming this means we will BEGIN construction by this
date - is that correct?)
Thank you so much,
BriAnne
On Feb 20, 2024, at 3:23 PM, Nate Keller <nkeller@cityofstjoseph.com> wrote:
If six months is the request – Craig can you include a written request to me? Email suffices.
I also brought up the ADA parking on-street at our dept. head meeting.
I think it may be a tough ask to the Council as strong concerns were expressed.
Dedicating an off-street public parking to a private business as you can imagine may open the door to other
similar requests.
I can see the Council not supporting that ask because off-street public parking is already a very sensitive topic.
Dedicating a spot even if it’s only one to a private business is a tough ask.
Nate Keller, AICP
Community Development Director
City of St. Joseph
75 Callaway St E
St. Joseph, MN 56374
Work cell (320)-557-3524
Office (320)-229-9425
<image002.png>
41
RESOLUTION 2024-003
A RESOLUTION ADOPTING FINDINGS OF FACT TO APPROVE A VARIANCE
APPLICATION TO THE MINIUM PARKING LOT SETBACK STANDARDS
WHEREAS, House of Hern, LLC hereinafter referred to as “applicant” and Sisters of St. Benedict
hereinafter referred to as “owner” of property has properly applied for a variance to the required parking lot
setback requirements for the subject property identified as:
202 Minnesota St W, St. Joseph, MN 56374
Lot 006, Block 002 of Townsite of St. Joseph
Parcel ID 84.53814.0000
“Subject Property”
WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on March
11th, 2024 , at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard;
and
FACTS:
1.That House of Hern, hereinafter referred to as “Applicant” and Sister’s of St. Benedict
hereinafter referred to as “Owner” have 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 March 11th, 2024 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.
42
5.That City Ordinance 502.10 Subd. 5 Section C requires a 15’ (foot) setback for parking lots
that adjoin a residential use.
6.That the applicants parking lot variance is part of an overall parking proposal for parcel 13 2nd
Ave NW Parcel ID 84.53839.0005 which the Council will need to approve.
7.That the applicants parking proposal also requires a variance approval for exceeding the
maximum impervious surface coverage allowed.
8.That the applicants proposed parking lot will encroach 11’ (feet) into the required 15’ (foot)
setback on the West side property line.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. JOSEPH, MINNESOTA, that the following Findings of Fact support a variance to the minimum
parking lot setback requirements:
9.That the variance is consistent with the St. Joseph Comprehensive Plan and in align with
Economic Development goal of: Retain, attract and grow businesses. The parking lot
proposal and variances for the West side setback and impervious surface coverage are part of
a larger commercial development on parcel 13 2nd Ave NW. The development of the parking
lot on the subject parcel ensures adequate off-street parking is provided for parcel 13 2nd Ave
N, the redevelopment meets the future land use of Commercial and is not creating any
parking or traffic issues because the parking generated by 13 2nd Ave NW redevelopment
plan will be met off-street.
10.That the variance is in harmony with the general purpose and intent of the Ordinance.
11.That the Applicant has established that there are practical difficulties in complying with the
zoning ordinance.
a.That the circumstances of the property are not entirely caused by the landowner as
the property has a future land use of commercial and is part of a larger commercial
redevelopment tied to parcel 13 2nd Ave NW. The applicant is also screening the
parking lot on the West side with a vinyl privacy fence and on the East side with
shrubs.
b.That the applicant’s request is unique given that it is part of a larger parking proposal
and plan tied to redevelopment of parcel 13 2nd Ave NW. The subject parcel provides
the needed and required off-street parking spaces for parcel 13 2nd Ave NW thereby
ensuring the parking generated by the use at 13 2nd Ave NW will be met by off-street
parking spaces which lessens the burden for on-street public parking spaces and
public infrastructure.
c.That the variance is reasonable given the property would be used in a reasonable
manner. The applicant has proposed to screen the West side with a 6’ (foot) vinyl
privacy fence and on the East side with shrubs. The proposed screening will help
buffer noise, and light pollution onto adjacent properties. Runoff from the additional
impervious surface will not negatively impact adjacent properties or city alleyway or
streets.
43
d.That the variance will not alter the essential character of the neighborhood given the
variance proposal is for a use that is allowed and common in the nearby area.
NOW THEREFORE BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ST. JOSEPH, MINNESOTA, as follows:
1.Based on this Finding of Fact a variance to the minimum parking lot setback on the subject
property is approved with the following conditions:
a.This Finding of Fact resolution approving the Variance shall be recorded at Stearns
County recorder’s office.
b.The Variance for exceeding the maximum impervious surface lot coverage shall
require approval by the City.
c.The overall parking plan for the subject property summited by the applicant shall
require approval by the City.
d.6’ (foot)vinyl privacy fence shall be installed along the entire west side property line
of the subject property.
e.Shrubs shall be installed on the East side of the property line for the subject property
as shown in Exhibit A.
f.Signage shall be installed to direct patrons to the availability of parking on-site.
Signage shall indicate the parking is meant for patrons coming to the 13 2nd Ave NW
site and meet all applicable city regulations and permits.
g.Approval of the site plan and land disturbance permit for the subject property and all
other applicable ordinances adhered to including stormwater regulations.
h.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 March, 2024.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
David Murphy, City Administrator
44
EXHIBIT A
45
RESOLUTION 2024-003X
A RESOLUTION ADOPTING FINDINGS OF FACT TO DENY A VARIANCE APPLICATION
TO THE MINIUM PARKING LOT SETBACK STANDARDS
WHEREAS, House of Hern, LLC hereinafter referred to as “applicant” and Sisters of St. Benedict
hereinafter referred to as “owner” of property has properly applied for a variance to the required parking lot
setback requirements for the subject property identified as:
202 Minnesota St W, St. Joseph, MN 56374
Lot 006, Block 002 of Townsite of St. Joseph
Parcel ID 84.53814.0000
“Subject Property”
WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on March
11th, 2024, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard;
and
FACTS:
1.That House of Hern, hereinafter referred to as “Applicant” and Sister’s of St. Benedict
hereinafter referred to as “Owner” have 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 March 11th, 2024 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.
46
5.That City Ordinance 502.10 Subd. 5 Section C requires a 15’ (foot) setback for parking lots
that adjoin a residential use.
6.That the applicants parking lot variance is part of an overall parking proposal for parcel 13 2nd
Ave NW Parcel ID 84.53839.0005
7.That the applicants parking proposal also requires a variance approval for exceeding the
maximum impervious surface coverage allowed.
8.That the applicants proposed parking lot will encroach 11’ (feet) into the required 15’ (foot)
setback on the West side property line.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. JOSEPH, MINNESOTA, that the following Findings of Fact to deny a variance to the minimum
parking lot setback requirements is adopted:
9.That the variance is not consistent with the St. Joseph Comprehensive Plan
10.That the variance is not in harmony with the general purpose and intent of the Ordinance.
11.That the Applicant has not established that there are practical difficulties in complying with
the zoning ordinance.
a.That the circumstances of the property are entirely caused by the landowner
b.That the applicant’s request is not unique and circumstances have been caused by the
landowner
c.That the variance will alter the essential character of the neighborhood
NOW THEREFORE BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ST. JOSEPH, MINNESOTA, as follows:
1.Based on this Finding of Fact a variance to the minimum parking lot setback on the subject
property is denied
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th
day of March, 2024.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
David Murphy, City Administrator
47
EXHIBIT A
48
RESOLUTION 2024-004
A RESOLUTION ADOPTING FINDINGS OF FACT TO APPROVE A VARIANCE
APPLICATION TO THE MAXIUM IMPERVIOUS SURFACE COVERAGE
WHEREAS, House of Hern, LLC, hereinafter referred to as “applicant” and Sisters of St. Benedict
hereinafter referred to as “owner” of property has properly applied for a variance to the required maximum
impervious surface coverage for the subject property identified as:
202 Minnesota St W, St. Joseph, MN 56374
Lot 006, Block 002 of Townsite of St. Joseph
Parcel ID 84.53814.0000
“Subject Property”
WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on
March 11th, 2024, at which time all persons wishing to be heard regarding the matter were given an opportunity
to be heard; and
FACTS:
1.That House of Hern, “Applicant” and Sister’s of St. Benedict hereinafter referred to as
“Owner” have 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 March 11th, 2024 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.
49
5.That City Ordinance 502.30 Subd. 8 Section B states that impervious surfaces shall not
exceed 50% of the lot area.
6.That the applicants parking lot variance is part of a larger parking proposal for parcel 13 2nd
Ave NW Parcel ID 84.53839.0005 which the Council will need to approve.
7.That the applicants parking proposal also requires a variance approval for the West side
setback of the parking lot.
8.That the applicants proposed parking lot will exceed the allowable impervious surface
coverage. The applicant is proposing 85.32% impervious surface and the allowable
percentage is 50%.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.
JOSEPH, MINNESOTA, that the following Findings of Fact support a variance to the maximum
impervious surface requirements:
9.That the variance is consistent with the St. Joseph Comprehensive Plan and in alliance with
Economic Development goal of: Retain, attract and grow businesses. The parking lot
proposal and variances for the West side setback and impervious surface coverage are part of
a larger commercial development on parcel 13 2nd Ave NW. The development of the parking
lot on the subject parcel ensures adequate off-street parking is provided for parcel 13 2nd Ave
N, the redevelopment meets the future land use of Commercial and is not creating any
parking or traffic issues because the parking generated by 13 2nd Ave NW will be met off-
street.
10.That the variance is in harmony with the general purpose and intent of the Ordinance.
11.That the Applicant has established that there are practical difficulties in complying with the
zoning ordinance.
a.That the circumstances of the property are not entirely caused by the landowner as
the property has a future land use of commercial and is part of a larger commercial
redevelopment tied to parcel 13 2nd Ave NW. The applicant is also screening the
parking lot on the West side with a vinyl privacy fence and on the East side with
shrubs.
b.That the applicant’s request is unique given that it is part of a larger parking proposal
and redevelopment plan tied to parcel 13 2nd Ave NW. The subject parcel provides
the required off-street parking spaces for parcel 13 2nd Ave NW thereby ensuring the
parking generated by the use at 13 2nd Ave NW will be met by off-street parking
spaces which lessens the burden for on-street public parking spaces and public
infrastructure.
c.That the variance is reasonable given the property would be used in a reasonable
manner. The applicant has proposed to screen the West side with a 6’ (foot) vinyl
privacy fence and on the East side with shrubs. The proposed screening will help
buffer noise, and light pollution onto adjacent properties. Runoff from the additional
impervious surface will not negatively impact adjacent properties or city alleyway or
streets.
50
d.That the variance will not alter the essential character of the neighborhood given the
variance proposal is for a use that is allowed and common in the nearby area. The use
of a parking lot also ensures that the development of 13 2nd AVE NW will have
adequate off-street parking and not place undue burden on the public streets or
infrastructure.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ST. JOSEPH, MINNESOTA, as follows:
1.Based on this Finding of Fact a variance to the maximum allowed impervious surface coverage
on the subject property is approved with the following conditions:
a.This Finding of Fact resolution approving the Variance shall be recorded at Stearns
County recorder’s office.
b.The Variance to the West side setback for the subject property shall require approval
by the City.
c.The overall parking plan for the subject property submitted by the applicant shall
require approval by the City.
d.6’ (foot)vinyl privacy fence shall be installed along the entire west side property line
of the subject property.
e.Shrubs shall be installed on the East side of the property line for the subject property
as shown in Exhibit A.
f.Signage shall be installed to direct patrons to the availability of parking on-site.
Signage shall indicate the parking is meant for patrons coming to the 13 2nd Ave NW
site and meet all applicable city regulations and permits.
g.Approval of the site plan and land disturbance permit for the subject property shall
occur and all other applicable ordinances adhered to including stormwater regulations.
h.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 March, 2024.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
David Murphy, City Administrator
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EXHIBIT A
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RESOLUTION 2024-004X
A RESOLUTION ADOPTING FINDINGS OF FACT TO DENY A VARIANCE APPLICATION
FOR THE MAXIUM IMPERVOUS SURFACE COVERAGE
WHEREAS, House of Hern, LLC, applicant and owner of property has properly applied for a
variance to the required building setback requirements for the subject property identified as:
13 2ND Ave NW, St. Joseph, MN 56374
Legally described as: Lot 006, Block 002 of Townsite of St. Joseph
Parcel ID 84.53814.0000
“Subject Property”
WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on
March 11th, 2024, at which time all persons wishing to be heard regarding the matter were given an opportunity
to be heard; and
FACTS:
1.That House of Hern, “Applicant” and Sister’s of St. Benedict hereinafter referred to as
“Owner” have 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 March 11th, 2024 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 502.30 Subd. 8 Section B states that impervious surfaces shall not
exceed 50% of the lot area.
6.That the applicants parking lot variance is part of a larger parking proposal for parcel 13 2nd
Ave NW Parcel ID 84.53839.0005.
7.That the applicants parking proposal also requires a variance approval for the West side
setback of the parking lot.
8.That the applicants proposed parking lot will exceed the allowable impervious surface
coverage. The applicant is proposing 85.32% impervious surface and the allowable
percentage is 50%.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.
JOSEPH, MINNESOTA, that the following Findings of Fact to deny a variance to the maximum
impervious surface requirements is adopted:
9.That the variance is not consistent with the St. Joseph Comprehensive Plan
10.That the variance is not in harmony with the general purpose and intent of the Ordinance.
11.That the Applicant has not established that there are practical difficulties in complying with
the zoning ordinance.
a.That the circumstances of the property are caused by the landowner
b.That the applicant’s request is not unique and circumstances have been caused by the
landowner
c.That the variance will alter the essential character of the neighborhood
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ST. JOSEPH, MINNESOTA, as follows:
1.Based on this Finding of Fact a variance to the maximum allowed impervious surface coverage
on the subject property is denied
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th
day of March, 2024.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
David Murphy, City Administrator
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EXHIBIT A
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