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HomeMy WebLinkAbout2006 [08] Aug 07 CITY Of ST. JOSEPH wwwocityofstjosephocom St. Joseph Planning Commission August 7, 2006 7:00 PM Administrdtor ludy Weyrens 1. Call to Order MdYor 2. Approve Agenda R.ichdrd Cdrlbom 3. Approve Minutes - June 5, 2006 Councilors AI R.dssier 4. 7:00 PM Interim Use Permits R.oss R.ieke R.enee Symdnietz 5. 7:15 PM Recreational Use in Industrial District, Dean Wick Ddle Wick 6. 7:30 PM Lot Split Request, Charles & Cheryl Burg 7. Adjourn 2)" College Avenue North' PO Box bbs . Sdinto joseph, Minnesotd )"60)74 Phone )200)"6)"07201 FdX )200)"b)"00)"42 St. Joseph Planning Commission August 7,2006 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME 1. 2. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19; 20. 21. ADDRESS May 22, 2006 . Page 1 of 3 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, June 5, 2006 at 7:00 PM in the St. Joseph City Hall. . Members Present: Chair Gary Utsch. Commissioners: S. Kathleen Kalinowski, Marge Lesnick, Bob Loso, Jim Graeve, AI Rassier, Mike Deutz. City Administrator Judy Weyrens. Citv Representatives Present: City Engineer Tracy Ekola Others Present: Bob Herges, Jim Fredricks, Richard Hennings Minutes: Deutz made a motion to approve the minutes of May 1, 2006; seconded by Lesnick and passed unanimously. Aoenda: Kalinowski made a motion to approve the agenda; seconded by Graeve and passed unanimously. Public Hearino, Interim Use Permit - 208 10th Avenue SE: Weyrens stated that the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental unit in an R-1, Single-Family Zoning District. The property is legally described as Lot 1 Block 3, Cloverdale Estates 4th Addition. The property is located at 308 - 10th Avenue SE. St. Joseph Code of Ordinances 52.27, subd. 5 allOws for an Interim Use Permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person and the owner occupying the property as his or her principal residence and must own a fifty percent (50%) or greater interest in the property. The request for Interim Use was submitted by Thomas and Ellen Ortmann and Timothy Ortmann. Utsch stepped down and Kalinowski was in control of the hearing. The hearing was opened at 7:05 and closed, as there was no one present wishing to speak. Lesnick questioned Weyrens as to how many other tenants are currently living in the house with Mr. Ortmann. Weyrens replied that he has two tenants. Utsch, being the City's Rental Inspector, approached the commissioners to answer a few questions relating to the rental inspection that was completed prior to the hearing and whether or not those issues had been corrected. Utsch stated that the inspection report is not given to the owner until the permit has been approved. Loso made a motion to adopt the findings of fact recommending the Council issue the Interim Use Permit. The motion was seconded by Deutz and passed unanimously. Utsch resumed chair at 7: 1 O. Public Hearino, Graceview Estates - PUD Amendment: Weyrens stated that the purpose of the hearing was to consider an amendment to the PUD entitled Graceview Estates. The PUD Amendment reduces the number of buildable lots in Graceview 5 from 34 to 31. The request for the PUD Amendment was submitted by Pond View Ridge LLP. Bob Herges approached the Councilors on behalf of Pond View Ridge. He stated that customers now want larger lots. As a result, they are looking to reduce the number of lots to make the remaining lots larger in the area along Kleinfelter Park. The public hearing was opened at 7: 1 0 and closed, as there was no one present wishing to speak. May 22, 2006 Page 2 of 3 Rassier made a motion to accept the findings of fact and recommend the City Council approve the Amendment to the Plat entitled Graceview Estates. The motion was seconded by Deutz and passed unanimously. Herges asked for clarification of the zoning in Graceview Estates. He stated that they plan to construct a retirement center with 60 units with two 40-unit apartment buildings and eight 1 O-unit town homes across the street. He stated that those town homes would not be part of the association; however the town homes and apartment building would be all rental units. He questioned whether or not the Planning Commission remembers whether or not those lots were zoned for rental. Rassier and Utsch did not recall any rezoning of that property. Weyrens stated that the property is zoned R3. Loso made a motion to clarify that the town homes and apartments will be rental units. The motion was seconded by Rassier and passed unanimously. Public Hearinq, Colleae of St. Benedict - Heiaht Variance: Weyrens stated that the purpose of the hearing is to consider a sixteen and one-half foot variance on the maximum height of a structure. The Variance is being is being requested to construct a food service facility for the College of St. Benedict. The tower of the facility measures 56.5 feet. The proposed facility will be located on the College of St. Benedict Campus, adjacent to the Clemens Library. St. Joseph Code of Ordinances 52.35 Subd 6 states: Height Requirements. No building constructed in the Educational Ecclesiastical District shall be more than 3 stories or 40 feet in height. Berming the building does not allow a building to be constructed higher than 40 feet. Elevation for the building shall be determined by the average grade of the land. Steeples and' similar unoccupied design features shall conform to the standards set forth in Section 52.12 5(a). The request has been submitted by the College of St. Benedict. Jim Fredricks, Chief Physical Plant/Facilities Management Officer for the College of St. Benedict approached the Commissioners. He stated that currently the cafeteria is in the main building and they have four needs that need to be met: 1. The current cafeteria is not meeting the needs of the current and future students. 2. They need to generate revenue to support their academic enterprise. 3. They need more space for student and College functions. 4. The dietary needs for the monastery are becoming more specialized. According to Fredricks, they plan to build a 2-story facility with 50,000 square feet. Currently, their dining facility has a capacity of 300; whereas, the new facility will have a 450 capacity. The south end of the 2na floor will be set up for college functions as well as banquets and other events. Currently, the bus stop is in front of the library; however that will be moved to the new dining facility as well. The new facility will be at the heart of campus for convenient access to its primary customers. It will be located near other larger buildings such as the residence halls and the BAC. Parking will be more convenient at the new facility as well. Fredricks stated that they had a master planner come in to design the new facility and it will be within a 5-minute walk from the parking lot. The Board of Trustees has already approved the project and they anticipate that it will be a 12-month project; which they would like completed by fall 2007. The public hearing was opened and closed at 7:25, as there was no one present wishing to speak. Loso made a motion to accept the findings' of fact and recommend the City Council approve the height variance for the College of St. Benedict. The motion was seconded by lesnick. Kalinowski questioned the height of the tower on the library. Fredricks stated that he is unsure; however it is higher than that of the dining facility. The variance is being requested to allow for the tower on top of the building. Deutz questioned whether or not all of the outstanding findings have been completed. Fredricks stated that they would be shown on the final plans. Deutz also questioned whether or not they are charged for Sanitary Sewer. According to Ekola, the College has underground storage of Storm May 22, 2006 Page 3 of 3 Water and it is discharged at a rate equal to predevelopment rates to a storm water pond on site. They could take advantage of infiltration. Weyrens assured Deutz that the College is billed the same way that other businesses and residents are billed in the City. Ekola added that they may apply for a credit on their storm water fees because they use BMPs. Rassier stated that they need approval of the variance to move to the next stage. Weyrens advised the Commissioners that prior to 2003, there were no height requirements. The motion passed unanimously. Public Hearinq, Sand Companies- Variance Request. Rear Yard Setback: Weyrens stated that the purpose of the hearing is to consider a variance on the rear yard setback. The variance is needed to correct a building irregularity for the Morningside Town home Development. The variance will correct the setback for one corner of the facility. The property is legally described as Lot 1 Block 3, Morningside Acres 2nd Addition. The request has been submitted by Sand Companies. Richard Hennings, architect with Sand Companies, approached the Council to state that the variance is needed as a result of Otto & Associates submitting the wrong survey. He stated that the town homes were built with financing from MN Housing and when the project was complete, they were required to submit an asbuilt. The error was noticed when the asbuiltswere completed. The public hearing was opened and closed at 7:40, as there was no one present wishing to speak. Graeve made a motion to accept the findings of fact and recommend the City Council approve a 6- inch variance on the rear yard setback for the corner of the facility that is encroaching the setback. The motion was seconded by Lesnick. Deutz added that the finding should be changed to delete the portion stating that it is "cost prohibitive to correct the error" as that cannot be used as a reason to approve or deny a request. The motion passed unanimously. Crescent Hills Update: Rassier explained to the commissioners the result of the Crescent Hills discussion at the past City Council meeting. He stated that the developer requested that they only be required to remove two lots rather than five. The motion passed by the City Council 3:2 (Nayes: Rassier, Rieke) Utsch questioned which two lots were removed, as he would rather have them removed from the center than from the outer blocks. Rassier stated that he explained the Planning Commission discussion to the Council and that 99% of the time the Council accepts the recommendation of the Planning Commission. Graeve added that the developer told the Council that they could not afford toremove five lots. Utsch stated that he is concerned with the center lots due to the fact that they have drainage easements on those lots and with that and the setbacks, a 40' house (which the developer stated was their smallest house plan) would not fit on those lots. Rassier stated that he suggested to the Council that they ask for three lots to be removed. According to Deutz, the approval of the smaller lots will open the door to other developers approaching the City with developments containing small lots again in the future. Graeve stated that for once the developer is on the same page with the environment. He also stated that there are some people, such as young couples, who only want a small lot. Weyrens added that the Council did discuss the possibility of holding a joint meeting with the Planning Commission to discuss this issue. Ekola explained that they meet the density requirements for a PUD to which Weyrens explained that Northland Heights did not. Their plan had a density of only 8,000 square feet. Crescent Hills has the topography and the density as required by PUD. Deutz questioned whether or not the tree preservation area would need to be a storm water pond to which Ekola said it would not. Adiourn: Loso made a motion to adjourn at 7:55; seconded by Lesnick and passed unanimously. I Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION 2006 Annual Review of Interim Use Permits DATE: August 7, 2006 AGENDA ITEM Review of2005 Interim Use Permits PREVIOUS ACTION When the Planning Commission issued Interim Use Permits for Owner Occupied Rental Units, a contingency was included that required annual review of the Permit. As part of the review, the Police Department was asked to provide any Police Reports concerning the subject properties. RECOMMENDED PLANNING COMMISSION ACTION Continue the Interim Use Permits for Bader, Odegard, Sheilds, Hutchinson, Conway and Ortman. COMMENTS/RECOMMENDA TIONS Please note that the Interim Use Permit for Kathryn Kalkman included a sunset of August 14,2006. Therefore, I have removed the address and a letter was sent notifYing her that the property is no longer eligible for a rental license. She has since responded and requested to extend the use for one more year. Since an Interim Use Permit is issued through a public hearing process the only way to continue renting the property is by re-applying for an Interim Use Permit. Kalkman has since completed an application and the hearing will be scheduled in September. The other Interim Use Permit that does not appear on the list is Kappes, as last year he did not fulfill the requirement for a rental license for the prior year. Therefore his Interim Use Permit was denied in 2005. Administrdtor ludy Weyrens MdYor Richdrd Cdrlbom Councilors AI Rdssier Ross Rieke Renee Symdnietz Ddle Wick CITY Of ST. JOSEPH www.cityofstjoseph.com MEETING NOTICE Annual Review of Interim Use Permits Please be advised that the Planning Commission for the City of St. Joseph will be reviewing the following Interim Use Permits on Monday, August 7, 2006 at 7:00 PM at the St. Joseph City Hall, 25 College Avenue N. INTERIM USE PROPERTY ADDRESS PROPERTY OWNER Owner Occupied Rental 101 - 5th Avenue NW Mike Bader Owner Occupied Rental 32 - 1st Avenue SE Brandon Kappes Owner Occupied Rental 763 College Avenue S Jim Odegard Owner Occupied Rental 321 Cypress Drive Brian Shields Owner Occupied Rental 133 - 5th Avenue SE Linda Hutchinson Owner Occupied Rental 35 - 2nd Avenue SE Patrick Conway Owner Occupied Rental 308 _10th Avenue SE Timothy Ortmann Persons wishing to comment on the effect of Interim Use Permits during the past 12 months will have the opportunity to do so with oral comments limited to 5 minutes. Written comments may be submitted to the City Administrator, PO Box 668, St. Joseph, MN 56374. Judy Weyrens Administrator 2J College Avenue North. PO Box bb8 S' I h M rb774 , . dint. osep, innesotd, 7 Phone ,)2.0.,b,.72.01 FdX 120'1b,.0,42 ,/ RMS Report ./ Case Number: 06801093 Reported By: SCSD Officer Assigned: Magaard o See Complainant Badge Number: 7704 Supervisor Approval: How Rec'd: Dispatch ".,0:':.: 00 "m'nRE\Q)FfOFFENSE(S}-INCIDENT CLASSIFICATION 2. 3. 1. Noise Complaint Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Location of Incident: · I oTI Au\;" S. t:: 06/08/2006 Near 310 10 /\~E Time Assigned: Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Date Incident Occurred: Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Day of Week Incident Occurred: Th u rsday Time Cleared: Time Arrived: 2345 Assisting Officer(s): Meyer, Pfannenstein pART'IeIPANmi (!Ef:BlYJR"E]\VIGfr;IW!'E]SlJSPECTOWrTI\JESS 0 MENTIONED 0 JUVENILE OM 0 F Name (Last, First, Middle) Date of Birth: OIL #: State: Citation Issued: Eyes: Hgt: Street Address: City, State, ZIP: if0fI~g,'iD+SlJSREct 0 iDVVITNESSoiM ENTIONEID+B'B l:J\.IENIliEDMO 0 F Date of Birth: OIL #: State: Street Address: City, State, ZIP: Arrested: Citation Issued: Citation #: Hgt: Year: Make: Vin #: Make: Model: Vin #: include anypropert:'y'}ii Officers dispatched to a loud party complaint near 310 lOt Ave SE. Upon arriving officers could here voices coming from the rear of 308 10th Ave SE. Upon walking to the rear of the residence, officers observed six individuals (5 males and one female) sitting on a patio and drinking what appeared to be beer. When questioned they all admitted to being under the legal drinking age. Officers also took 3 12 oz. bottles of Miller High Life beer, six 12 oz. cans of Budweiser beer, and eight 12 oz bottles of Michelob Golden Light, which were placed into property room as property because nobody at the residence was of Ie al a e to ossess alcohol. See ICR's 06801094-06801099 under a e consum tion. /' RMS Report J Case Number: 06801094 Reported By: SCSD Officer Assigned: Magaard o See Complainant Badge Number: 7704 Supervisor Approval: How Rec'd: Dispatch -';:"..:-\;:) ,..':'iTVT~: F:';ffYPE;;OF6FFENSE(S)~ INCIDENT CLASSIFICATION' 2. 3. 1. Underage consumption Level of Offense: .'P. Misd. Misd. 0 G. Misd. 0 Felony Location of Incident: Near 308e Av.... Sf I D~ AI..:>E s'C Date Reported: 06/08/2006 Level of Offense: 06/08/2006 Time Assigned: Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Day of Week Incident Occurred: Thursday Time Cleared: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Date Incident Occurred: Time Arrived: Assisting Officer(s): Meyer, Pfannenstein :PJXFfmIGIR:<<~m{' Name (Last, First, Middle) Alexander Matthew Neisen Street Address: 6203RD ST spa BX 266 "I&rIMO::sllisREc-r6WlTNESsDMENTIONEbD JUVENILE OM 0 F Date of Birth: OIL #: State: 10/18/85 0374004580414 MN City, State, ZIP: WATKINS MN 55389 Eyes: Hgt: Blu 6' 3" 200 '{.~liJ,~~f:Gmf:D:WITNESSDMENTIONEO'DJUVENILE OM 0 F Date of Birth: DIL #: State: Arrested: Citation Issued: Street Address: City, State, ZIP: Arrested: Vin #: ]~.ifu~1 LJde'9.ny!:ptQl?\~/I; Upon arriving at a noise complaint, see ICR 0681093, officers observed six individuals drinking what appeared to be beer. None of the individuals appeared to be old enough to be of legal drinking age and when questioned they all admitted to being under 21 yoa. The above was administered a PBT which revealed a probable B.A.C. of .034. The above was identified by his MN drivers license. They were issued a citation for under a e consum tion and warned for ossession of alcohol. Related Case Number: Word Document: DYes 0 No / RMS Report I Case Number: 06801095 . Reported By: SCSD Officer Assigned: Magaard o See COmplainant Badge Number: 7704 Supervisor Approval: How Rec'd: Dispatch 1. Under age consumption Level of Offense: o P. Misd. [8J Mis!:L 0 G. Misd. 0 Felony Location of Incident: Near 308lSt~ j~;f~6q~~~G:)R6I:N5ECS)::,:-IN@IIDENtr CI..ASSIRI@A17ION.... 2. . 3. I D 1t Auf;" ~c Time Reported: 2300 Level of Offense: o P. Misd. 0 Misd. 0 G. Mise!", 0 Felony Date Inci,d~nt Occurred: 06/08/2006 Time Assigned: , '-, Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Day of Week Incident Occurred: Thursday Time Cleared: 2345 Time Arrived: Assisting Officer(s): Meyer, Pfannenstein pARTI(3IpA~t#}.EJ~oi}1pi)fBjYI0rir9HDStJS8ECTDWITNESS 0 MENTIONED 0 JUVENILE OM 0 F Name (Last, First, Middle) Date of Birth: DIL #: State: Kelly Marie Holmseth 08/25/1985 H452465585663 MN Street Address: City, State, ZIP: 517 Surberry Way Albany MN 56307 Arrested: Citation Issued: Eyes: Hgt: Wgt: ST407170 Grn 5' 3" 106 "@ill~:M'.D$lJSm:CJ 'O"WITNESS;O.":.t'4I:N""['JQNE.PHI:IJUYEr\jILE .OM 0 F Name (Last, First, Middle) Date of Birth: DIL #: State: Street Address: City, State, ZIP: Arrested: Citation Issued: o Yes 0 No Model: License Plate Number: Color of Vehicle: License Plate Number: Color of Vehicle: Towed By: Vin #: "~R;RATPI\lE;(Make>sure.toincl ude.any .propertY);;;;\ Upon arriving at a noise complaint, see ICR 0681093, officers observed six individuals drinking what appeared to be beer. None of the individuals appeared to be old enough to be of legal drinking age and when questioned they all admitted to being under 21 yoa. The above was administered a PST which revealed a probable B.A.C. of .031. The above was verbally identified. They were issued a citation for under a e consum tion and warned for ossession of alcohol. Signature (when required): (Camp, Parent, Guardian) DYes 0 No 'RMS Report j Case Officer Assigned: Magaard o See Complainant Badge Number: 7704 Supervisor Approval: How Rec'd: Dispatch Reported By: SCSD ;ryPEOFiOFFENSE(S) - INCIDENT CLASSIFICATION 2. 3. 1. Under age consumption Level of Offense: l D'T!! Auf="- s.:t:::. Time Reported: 2300 Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Date Incident Occurred: 06/08/2006 Time Assigned: Level of Offense: o P. Misd. r8J Misd. 0 G. Misd. 0 Felony Location of Incident: Near 308~ ~ Date Reported: 06/08/2006 o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Day of Week Incident Occurred: Thursday Time Cleared: 2345 Time Arrived: Assisting Officer(s): Meyer, Pfannenstein i'PAB:mrGJ~~~t;!.:: Name (Last, First, Middle) SHANE GREGORY HENFLING Street Address: 37095 657TH AVE '~ItY1;B~is~SRr:~)O;WfF[\Jr:SS\O:fv1EN"fIeNED:DJUVENILE OM 0 F Date of Birth: - DIL #: State: 05/15/1987 Y685296404519 MN City, State, ZIP: WATKINS MN 55389 Arrested: Citation Issued: Eyes: Hgt: ST407171 Blu 6' 2" 175 G~;!~!ril;.:GEf!$l:J$RE(j.;:I:JWITNESS',,'ciJM EN]JONEO/OJLJVENILE.' .....OMO F Date of Birth: DIL #: State: Street Address: City, State, ZIP: Arrested: Citation Issued: o Yes 0 No Color of Vehicle: , VEHIet, Color of Vehicle: Towed By: Vin #: .~~RA~M~Ji~Mak~"'slJr~to ..include anw'prop~rtY)+;;;.;n" Upon arriving at a noise complaint, see ICR 0681093, officers observed six individuals drinking what appeared to be beer. None of the individuals appeared to be old enough to be of legal drinking age and when questioned they all admitted to being under 21 yoa. The above was administered a PBT which revealed a probable B.A.C. of .097. The above was identified by their MN drivers license. They were issued a citation for under a e consum tion and warned for ossession of alcohol. Signature (when required): (Camp, Parent, Guardian) Word Document: DYes 0 No Case Number: 06801097 Reported By: SCSD Officer Assigned: Magaard o See Complainant Badge Number: 7704 Supervisor Approval: How Rec'd: Dispatch I RMS Report \ >>'c~PE()F,()HFENSE(S)"-- INCIDENT CLASSIFICATION 2. 3. 1. Under age consumption Level of Offense: Level of Offense: Level of Offense: o P. Misd. [gI Misd. 0 G. Misd. 0 Felony Location of Incident: Near 308~ /we 3C l 0 ~ ~ E"" Date Reported: 06/08/2006 o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Date Incident Occurred: 06/08/2006 Time Assigned: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Day of Week Incident Occurred: Thursday Time Cleared: Time Arrived: 2345 Assisting Officer(s): Meyer, Pfannenstein ., PG\RmICIBG\Nffi tFxliD;\<.)l<QJYlp:" Di\fIC17IM Name (Last, First, Middle) LINCOLN THOMAS HAUGEN Street Address: 1721 CASSELBERRY"RD Arrested: Citation Issued: o Yes IX! No IX! Yes 0 No DSUSPEC170 WITNESS D MENTIONED D JUVENILE DM D F Date of Birth: DIL #: State: 11/15/1985 H250522792876 MN City, State, ZIP: Saint Cloud MN 56303 Hgt: Wgt: Hzl 5' 8" 170 "~$ij:~G"D;DWITNESS.!:B'MENTI<QNED.;dJljVENILE DM D F Date of Birth: DIL #: State: Street Address: City, State, ZIP: Arrested: Citation Issued: Hgt: Color of Vehicle: Color of Vehicle: Vin #: '--~:)':::"~>:>::'_~>:"-:<::'::' ""{',:}:'::"" _'; :::,_\'::_i,'_':',:: :-_,,~,':,~,:,/:,' "':':__'::(.' _,': _ _: . , ....,. ;'RA7[1Y~'(fV1ake,;sureto' include Upon arriving at a noise complaint, see ICR 0681093, officers observed six individuals drinking what appeared to be beer. None of the individuals appeared to be old enough to be of legal drinking age and when questioned they all admitted to being under 21 yoa. The above was administered a PBT which revealed a probable B.A.C. of .029. The above was identified by their MN drivers license. They were issued a citation for under a e consum tion and warned for ossession of alcohol. Signature (when required): (Camp, Parent, Guardian) DYes 0 No / RMS Report / Case Number: 06801098 Reported By: SCSD Officer Assigned: Magaard o See Complainant Badge Number: 7704 How Rec'd: Dispatch Supervisor Approval: TYPE OF OFFENSE(S)- INCIDENT CLASSIFICATION 2. 3. 1. Under age consumption Level of Offense: )O~ Aut St:: Time Reported: 2300 Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Date Incident Occurred: 06/08/2006 Time Assigned: Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Day of Week Incident Occurred: Thursday Time Cleared: 2345 Assisting Officer(s): Meyer, Pfannenstein gARillieI~ANmk; . Name (Last, First, Middle) Adam Raymond Tri Street Address: 24263 DEERBROOK RD Time Arrived: j;"X~iilml~WEJ"i$~s'Fl~Gm';EJWITNESS?EJMENTI()NEDD JUVENILE OM 0 F Date of Birth: DIL #: State: 03/10/1986 T600031730184 MN City, State, ZIP: Eden Valley MN 55329 Citation #: Eyes: Hgt: Wgt: ST412108 Brn 51 10" 165 GiBlm:DJ[5;SillsPEGiB:OWITNESS> c:J.MENTI0NEDLCTJUVENILE OM 0 F Date of Birth: D/L #: State: Arrested: Citation Issued: Street Address: City, State, ZIP: . Arrested: Citation Issued: Citation #: Eyes: Hgt: Towed By: Vin #: , ,.~' ",'-, '.,.; - ., ,. :...,-: :,: ',' '- '-': ,: ", . --',,".' : "-.:. '. '~','-., ,--. , ,.'. . '- ",. . .' ,,},jiNARRATIVE'(Makesuretoinclude Upon arriving at a noise complaint, see ICR 0681093, officers observed six individuals drinking what appeared to be beer. None of the individuals appeared to be old enough to be of legal drinking age and when questioned they all admitted to being under 21 yoa. The above was administered a PBT which revealed a probable B.A.C. of.029. The above was identified by their MN drivers license. They were issued a citation for under a e consum tion and warned for ossession of alcohol. Signature (when required): (Camp, Parent, Guardian) Word Document: DYes 0 No / RMS. Report /1 V Case Number: 06801099 Reported By: SCSD Officer Assigned: Magaard o See Complainant ~ Badge Number: 7704 Supervisor Approval: How Rec'd: . Dispatch 1. Under age consumption Level of Offense: o P. Misd. [8J Misd. 0 G. Misd. 0 Felony Location of Incident: Nea r 308t1, .&.laSE I D -a: Auf: S t 2. INCIDENT CLASSIFICATION 3. Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Date Incident Occurred: 06/08/2006 Time Assigned: Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony Day of Week Incident Occurred: Thursday Time Cleared: Date Reported: 06/08/2006 Time Reported: 2300 Time Arrived: 2345 Assisting Officer(s): Meyer, Pfannenstein .PJ.\F{Jflc:JP8~2t't!i'~;:;I}TI;. Name (Last, First, Middle) James theodore Shockman Street Address: 6847 County Road 62 'I}TI;V'ICITfMiErsUSPECT.OWITNESS OMENTIONED 0 JUVENILE OM 0 F Date of Birth: OIL #: State: 03/03/1986 SHO-86-4040 MN City, State, ZIP: Berlin ND 58415 Arrested: Citation Issued: Citation #: Eyes: Hgt: Wgt: o Yes [8J No [8J Yes 0 No ST412109 Brn q' 4" 195 PARTIclpANmi!H2;OiGQMJ5miVI(:"flryJDsUSPECT o WITNESS 0 MENTIONED 0 JUVENILE OM 0 F Name (Last, First, Middle) Date of Birth: OIL #: State: Street Address: City, State, ZIP: Hgt: Arrested: Citation Issued: Citation #: Eyes: o Yes ONo 0 Yes 0 No Vin #: Vin #: to include any propertY} Upon arriving at a noise complaint, see ICR 0681093, officers observed six individuals drinking what appeared to be beer. None of the individuals appeared to be old enough to be of legal drinking age and when questioned they all admitted to being under 21 yoa. The above was administered a PBT which revealed a probable B.A.C. of .029. The above was identified by their ND drivers license. They were issued a citation for under a e consum tion and warned for ossession of alcohol. Word Document: o Yes 0 No Signature (when required): (Comp, Parent, Guardian) I Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION Recreation Use - Industrial Park DATE: August 7, 2006 AGENDA ITEM Outsource Architect - Ordinance Clarification Permitted Uses in an Industrial Park PREVIOUS ACTION RECOMMENDED PLANNING COMMISSION ACTION Determine whether or not a recreational use is permitted in the Industrial Park area. COMMENTSIRECOMMENDATIONS The City has been requested as to whether or not a recreational facility can be located within the Industrial Park. The particular business needs 20 foot ceilings. In the packet is information from MDG regarding similar uses in the metro area. Judy Weyrens From: Sent: To: Subject: outsou rce@charter.net Wednesday, August 02, 2006 3:30 PM Judy Weyrens Bounce, Inc Judy, Bounce, Inc. is a new business model for the St. Cloud Area. We are looking to place the company in the Industrial Park in St. Joseph. My client, Crystal, is requesting the Planning Commission determine if the Use fits the business incubator model as stated in the Ordinance. Bounce, Inc will provide a space for children's birthday parties. Plans are to have two party rooms and one "bounce arena" where inflatable kids games will be rotated. Examples are an obstacle course & a pirate ship. Similar businesses to this have been established within Industrial Parks in the Twin Cities Metro Area and have been doing well. The building type and after hours use work well with the established businesses. The bounce arena requires a high ceiling (20') so regular commercial district sites/buildings are limited if not impossible to find. . Bounce, Inc. has plans to grow from two party rooms to four within the next couple of years. The goal would be to establish a permanent site for the business. I will be present at the August 7th Planning Commission to answer any questions'. Dean A. Wick Outsource Architecture, LLC 320-229-8919 1 Judy Weyrens Page 1 of 1 ~,,~~""""-~=.~"-'"'""^'""-~"^'" From: Karin Tank [Ktank@municipaldevelopmentgroup.com] Sent: Tuesday, August 01, 2006 4:05 PM To: Judy Weyrens Cc: jfoust@municipaldevelopmentgroup.com; cstrack@municipaldevelopmentgroup.com Subject: Pump It Up Party Research Hi Judy! Joanne asked that I do a little digging into the proposed Pump It Up Party looking to locate in S1. Joseph. This particular franchise is located within, Eden Prairie, Burnsville, Ham Lake, Oakdale and Plymouth. In Eden Prairie the use is located in either the Industrial or Regional Service Commercial District (the Planner was not certain which), however, in either district the use which they classified as a gymnasium or retail is a permitted use within both districts. In Ham Lake, the use is located within a multi-use PUD district and was allowed by conditional use permit. In Burnsville, the use is located within the 1-2 (General Industrial) district and was allowed by a conditional permit as Indoor Recreation. If I can provide any further assistance, please do not hesitate to contact me. Have a great afternoon!!! Karin Tank Municipal Development Group, Inc. . Direct Phone/Fax: 320.554.7499 Cell: 612.501.3301 Corporate: 952.758.7399 Toll Free: 1-888-7MDG-INC www.municipaldevelopmentgroup.com 8/3/2006 ORDINANCE 52 - ZONING ORDINANCE Section 52.34: LI-LIGHT INDUSTRIAL DISTRICT Subd. 1: Intent. The Light Industrial District provides space for industrial activities involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a relatively low level of on-premise processing. These activities may include secondary commercial functions which are conducted on site. Subd.2: Permitted Uses. The following use shall be permitted within the LI-Light Industrial District: a) Assembly plants and manufacturing .enterprises of a wide variety of products that do not cause noxious odors or noise, including excessive users of water and sewer. Examples of such uses include: fabrication or assembly of small products such as opticals, electronics, pharmaceuticals, medical supplies and small equipment. b) Publishing establishments. c) Clothing or apparel manufacturing or assembly. d) Business incubator facilities. e) Bottling establishments. f) Dry cleaning and drying establishments. g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer, cabinets and similar word items. h) Building materials sales and storage/ lumberyards. i) Manufacturing of plastic, fiberglass and metal products. j) Mini-storage. k) Major automotive repair. 1) Offices/showroom/retail space as a portion of the principal industrial use provided they do not exceed a combined 25 percent of the total square footage of the principal use. m) Appliance assembly and warehousing. 52.34-1 ORDINANCE 52 - ZONING ORDINANCE n) Industrial research laboratories. 0) Manufacturing of small electrical parts and service. p) Newspaper and printing plants. q) Telecommunication facilities, base stations. r) Telemarketing and mail order establishments. s) Warehousing, of non-explosive material and equipment within the structure. t) Wholesale or distributor storage and distribution of non-hazardous materials. u) Wholesale water conditioning systems. v) Uses determined to be of a similar nature as those contained in this section upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in theLight Industrial District and subject to the all the requirements in this Section: a) Restaurant, lunch counters, confectioneries to serve the employees employed within the District. b) Residential structures and related residential uses necessary for security and safety reasons in relation to the principal use. c) Off-street parking and off-street loading. d) Outdoor storage as regulated in Section 52.12, Subd. 12. e) Office accessory to the principal use. f) Business identification signs as regulated in Subd. 11. g) Temporary buildings for construction purposes for a period not to exceed a period of 12 months. Subd.4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in this Ordinance. a) Adult Entertainment as regulated in Section 52.15 of this Ordinance. 52.34-2 ORDINANCE 52 - ZONING ORDINANCE b) Commercial activities relating to production systems, structural maintenance programs or the construction industry. c) Service structures, public or private, designed and used to serve the uses in the surrounding area, such as electric power substation, telephone buildings, deep wells, elevated tanks and similar structures and uses. d) CommerciallIndustrial Planned Unit Development. e) When property within a Light Industrial District abuts County State Aid Highway 75: 1. Motels 2. Gasoline service stations 3. Restaurant or supper clubs 4. Drive-in establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. 5. Open sales or temporary rental lots f) Indoor Firing Range provided that: 1. The firing range shall not be located on any lot adjacent to an existing Residential, EducationallEcclesiastical or Public District. 2. The firing Range shall not be located within one thousand (1,000) lineal feet, measured from building to building, of an existing firing range or establishment licensed to dispense intoxicating or non-intoxicating liquor, nor shall they be in a building that dispenses liquor. 3. The use, occupancy and construction of the building shall conform to the Minnesota State Building Code. 4. The building and method of operation shall conform with the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards. 52.34-3 ORDINANCE 52 - ZONING ORDINANCE 5. The design and construction of the firing range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap (s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. 6. No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range. 7. A written log of range users shall be maintained by the range operator and available for inspection by the City all any/all times. The name and address of the user shall be verified by photo identification. The log shall include, but not be limited to the following: A. Name, Address and phone number of the range user. B. Time and date the user was in the range C. If aged twenty-one (21) or more a photocopy of the individual's permit to carry a dangerous weapon. 8. Firearms shall not be stored on the premises when the range is closed for Business, unless they are stored in an acceptable gun safe. An acceptable gun safe shall meet ALL of the following standards: A. Shall be able to fully contain firearms and provide for their secure storage. B Shall have a locking system consisting of, at minimum, a mechanical or electronic combination lock. The mechanical or electronic combination lock utilized by the safe shall have at least 10,000 possible combinations consisting of a minimum of three numbers, letters, or symbols. The lock shall be protected by a case- hardened (Rockwell C 60+) drill resistant steel plate, or drill resistant material of equivalent strength. C. Boltwork shall consist of a minimum of three steel locking bolts of at least 12 inch thickness that intrude from the door of the safe into the body of the safe or from the body of the safe into the door of the safe, which are operated by a separate handle and secured by a lock. D. A gun safe shall be capable of repeated use. The exterior walls shall be constructed of a minimum of 12-gauge thick steel for a 52.34-4 ORDINANCE 52 - ZONING ORDINANCE single-walled safe, or the sum of the steel walls shall add up to at least .100 inches for safes with two walls. Doors shall be constructed of a minimum of one layer of 7 -gauge steel plate reinforced construction or at least two layers of a minimum 12- gauge steel compound construction. E. . Door hinges shall be protected to prevent the removal of the door. Protective features include, but are not limited to, hinges not exposed to the outside, interlocking door designs, dead bars, 'jeweler's lugs, and active or inactive locking bolts. 9. On-site supervision shall be supplied at all times by an adult with credentials as a range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises. 10. The applicant shall provide and maintain proof of liability insurance which shall require the insurer notify the City Administrator in writing within ten (10) business days of cancellation of the policy, a change in the limit of the policy and/or a change in policy ownership. Said policy shall be available for inspection by the City Administrator and/or his/her assigns at all times. 11. On site instruction shall be given only by Certified Firearms Instructors. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection at all times. 12. An outside security plan for the general grounds shall be submitted to the City Administrator or designee for review and approval. 13. The transport of firearms on the premises, to the premises and from the premises shall conform to State Law. 14. Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor. 15. Indoor firing ranges shall not sell or dispense intoxicating liquors, nor shall they be ina building which contains a business that sells or dispenses non-intoxicating or intoxicating liquors. 16. The Council reserves the authority to review or modify the performance standards for the range. 52.34-5 ORDINANCE 52 - ZONING ORDINANCE . Subd.5: Lot Area Requirements. Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one hundred (100) feet. Subd.6: Setback Requirements. No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. Front Yard Setbacks. a) Front yard setback shall be thirty (30) feet from the lot line. On corner lots, the setback from all lot lines abutting a street shall be thirty (30) feet. When an industrial district lot is separated from a residential zone by a city street, the setback from the lot line shall be one hundred (100) feet. b) Front yards abutting any roadway: the setback shall be landscaped as in accordance to the requirements of any applicable protective covenants and such reasonable requirements as established by the Planning Commission, and shall not be used for parking. Side Yard Setbacks. a) Side yard setback shall be at least twenty-five (25) feet from the lot line. Development occurring on lots platted prior to January 1, 1999 shall be subject to the ten foot side yard setback requirement in effect at the time of platting. b) A Light Industrial District side yard adjacent to a residential boundary line shall provide for a landscaped strip of at least sixty (60) feet in width along the lot boundary line. A portion of this landscaped strip shall be planted to provide a screen. The governing body may require additional side yard setback in these cases. When such additional width is required, such additional width shall not exceed one hundred (100) feet and paring in this area will be permitted. c) Side yard boarding upon any roadway: the setback shall be landscaped in accordance with any applicable protective covenants and such reasonable requirements as established by the Planning Commission. Rear Yard Setback. a) Rear yard setback shall be at least twenty (20) feet, which may be used for parking. Subd. 7: Height Requirements. a) No building constructed in any Light Industrial District shall be more than fifty- five (55) feet in height. Berming the building does not allow a building to be constructed higher than 55 feet. Elevation for the building shall be determined by the average grade of the land. 52.34-6 ORDINANCE 52 - ZONING ORDINANCE Subd. 8: Site Coverage. No structure or combination of structures shall occupy more than 50 percent of the lot area. Subd. 9: Other Requirements. a) Parking Lots. All parking lots shall conform to the standards set forth in Section 52.10. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. b) Loading Docks. All loading docks shall conform to the standards set forth in Section 52.10. No loading docks or overhead doors shall directly face County State Aid Highway 75. c) Building Exteriors. All construction of new facilities shall consist of pre-cast or cast tip up concrete walls, concrete block (painted or decorative), post frame/steel frame with a concrete block or poured concrete complete perimeter foundation with frost footings extending a minimum of eight inches (8") above the final grade, and stick built construction. Pre-finished architectural metal panels, with a minimum twenty (20) year manufacturer color-fast warranty, may be used as a construction material. A minimum of twenty-five (25%) of the exterior building finish directly facing streets, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre-cast or cast in place concrete buildings shall provide the same amount of adornment.. Updated 52.33, Subd. 9(c) on 112005 (*section subsequently renumbered) d) Every applicant for a permit develop or expand any industrial property in the City shall be required to submit a complete and accurate statement concerning the specific nature of the use to which the property is to be put and shall certify that the proposed use shall comply with all regulations, ordinances, or special provisions which may apply. e) The Planning Commission shall have the right to require any additional information, corrections, or control, deemed necessary for the protection of the public. The Planning Commission shall have the right to hire expert consultants, at the permittees' expense, to assist in the establishment of special restrictions for any Industrial Use. f) Every applicant shall be required to submit for approval of the Planning Commission a landscape plan providing for the planting of trees and other vegetation. g) Any use creating periodic earthshaking vibration shall be prohibited if undue vibrations are perceptible beyond boundaries of the property on which the use is 52.34-7 ORDINANCE 52 - ZONING ORDINANCE located. This standard shall not apply to vibrations created during the process of construction. h) Any use requiring the storage, utilization or manufacture of products which could decompose by detonation shall be located not less than 400 feet from any residence. This section shall not apply to the storage or usage of liquid petroleum, natural gas for normal residential or business use providing other performance standards are met. i) All activities that emit radioactivity shall comply with the minimum requirements of the Federal regulatory body. j) All uses associated with bulk storage of oil, gasoline, liquid fertilizer, chemicals, similar liquids and hazardous substances shall comply with the requirements of the Minnesota State Fire Marshall, the Minnesota Department of Agriculture and other hazardous substance legislation by the Federal government. The user of such material shall have documents from the above offices that the use is in compliance. All existing above ground liquid storage tanks with a capacity of 2,000 gallons or more, shall comply with the requirements of the Minnesota State Fire Marshall's office within 12 months following enactment of this Ordinance. k) Screening. All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location as determined by the Planning Commission. 1) Lighting. All lighting shall be hooded and no light may directly strike any street/highway or areas outside of the development. m) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all automobile stops and for all drive and parking areas. n) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. 0) Signs. All proposed business signs shall be an element of the Development Plan. All signs shall conform to the requirements of Subd. 11. p) A Lock Box shall be installed on all buildings before a certificate of occupancy will be issued. Subd. 10: Development Plan Requirements. No building permit shall be issued until the Planning Commission reviews the development plan to determine that the use and development is compatible with adjacent land uses, and consistent with the stated intent of this zone. The requirements of this Subdivision shall not apply to additions to existing buildings which will increase the size of the building by 25% or less. Upon the request of the Planning Commission, the City Council will make the final determination on site plan approval. The developer shall 52.34-8 ORDINANCE 52 - ZONING ORDINANCE provide the following items to the Planning Commission for any development located in the Light Industrial District: Updated 52.33, Subd. 10 on 4/2005 (*section subsequently renumbered) a) Building location on the lot, drawn to scale. b) Building elevations; front, rear and side. c) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposed screening material. f) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air-conditioning equipment. k) Landscaping material including the location, type of plant and size. I) Fire hydrant and fire lane locations. m) Utility locations. ! n) Any other fencing, screening, or building accessories to be located in the development area. 0) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). p) If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. q) Required Fee/Agreement. 1. Payment Required. Any person filing a petition requesting development plan review shall pay a fee according to the schedule established by the City Council. 52.34-9 sIgns. ORDINANCE 52 - ZONING ORDINANCE 2. Amount. Fees payable under this section for development plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the required development plan, as listed and.described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier's check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. 3. Development Agreement. In the event additional review by the City or its assigns is anticipated and/or needed during implementation of Development Plan, or other similar circumstance, the City shall require the property owner(s) and/or developer(s) enter into a development agreement with the City. The development agreement shall stipulate the conditions for approval and the City's authority to inspect the development. The agreement shall further require the owner or developer, as the case may require, furnish a cashier's check, escrow account or irrevocable letter of credit in favor of the City in an amount equal to 110% of all costs associated with City's review of the development, including but not limited to, engineering, legal, fiscal and administrative, as estimated by the City. Such escrow or letter of credit shall be in the form approved by the City Attorney, shall be conditioned upon the approval of the development plan. Subd. 11: Signs. In the L-I Light Industrial district the general provisions apply to all a) Special and Temporary Signs. 1. One (1) identification sign not exceeding thirty-five (35) square feet in area for the following uses: church, school, or similar uses. Such signs shall be solely for the name and of the use and its activities and may be illuminated but not flashing. 2. Temporary signs advertising a new subdivision development limited to the following: (1) maximum size shall be thirty-two (32) square feet in surface area, (2) maximum height of fifteen (15) feet above ground level. 3. Real estate signs, including signs advertising the sale or rental of premises, are permitted provided the area on one side of any such signs shall not exceed six (6) square feet. 52.34-10 ORDINANCE 52 - ZONING ORDINANCE 4. Temporary signs of contractors, architects, mechanics, special events and artisans are permitted, provided that such signs shall be removed promptly upon completion of the work and further provided that such signs shall not exceed thirty-two (32) square feet in area. b) Portable Signs. 1. Definition. A portable sign is one that is movable from one location to another and is not permanently affixed to the ground, sales display device, or structure. 2. Permit Required. A business seeking to use or display a portable sign shall obtain a permit from the City for the period of display. Permits will specify the length of time the sign will be displayed, location of the sign, and business applying to use the sign. 3. Length of Use. The duration of time a portable sign can be located on a property is limited to a maximum of forty (40) days in anyone calendar year. 4. Size. A portable sign shall not exceed 50 square feet which accounts for all letters, numbers and attachments; excluding material required to support the sign. c) Business or Commercial Signs 1. Signs shall have a surface area not exceeding one hundred (100) square feet per sign with an aggregate total not to exceed two hundred (200) square feet if double faced. 2. Such sign except a directional sign, is erected only on the premises on which the use, to which the sign relates, is conducted. 3. Notwithstanding the above, where two or more separate and individual commercial operations are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivisions a) and b), except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. In addition to these individual business signs, the combination of business operations occupying the structure, may maintain a 50 square foot sign detached from the structure identifying the structure, the individual business operations located therein, or other reference to the combination 52.34-11 ORDINANCE 52 - ZONING ORDINANCE of business operations located within the structure. For purposes of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All freestanding Business Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Business Sign shall not exceed 25% of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. 5. The maximum height of a Business Sign shall be 15 feet. 52.33, Subd. lIe amended by adding 4. and 5. on 4/2005 (*seetion subsequently renumbered) d) Advertising or pylon signs shall not be permitted. e) Sign Removal. All signs not maintained and kept in good repair shall be subject to removal upon direction of the City Building Inspector. Subd. 12: Regulation of Activities Adiacent to Wetlands. a) The following activity shall be subject to a 50 foot setback from wetlands: The construction or maintenance of a building attached to a foundation, including but not limited to, pole buildings. For purposes of this paragraph, pump houses, moveable storage sheds, recreational docks and storm water or erosion control devices shall not be considered buildi!lgs. b) The following activity shall be subject to a 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehicle or trailer. c) The following activities shall be subject to a 100 foot setback from wetlands: L The construction or maintenance of a well used for agricultural irrigation, or any well less than 50 feet in depth. 2. External storage of materials used in conjunction with industrial or commercial processing or manufacturing. 3. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. 52.34-12 . I Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION Lot Split Request - 813 East MN Street, Burg DATE: August 3,2006. AGENDA ITEM Lot Split Request - 813 EastMNStreet, Burg PREVIOUS ACTION RECOMMENDED PLANNING COMMISSION ACTION Recommend the Council approve the lot split as requested COMMENTS/RECOMMENDATIONS Charlie and Cheryl Burg have requested to split their lot into two parcels. The existing lot is 39,852 square feet. At the time utilities were extended on Minnesota Street, and extra water and sewer stub were placed to the property in the event the property was split. The Ordinance allows for property to be split once before platting is required. If approved the split will be surveyed. The property can be split and both lots and the existing buildings will be conforming lots. Burg's had suggested splitting the parcel east and west (the dashed line) but the only way the split will work is by dividing the property north and south (solid line). The property owner is aware of this and has requested to move forward. Cheryl and Charles Burg 813 East Minnesota St. St.Joseph, MN 56374 July 21, 2006 Judy Weyrens City Administrator City of St. Joseph PROPOSAL TO SPLIT PROPERTY LOCATED AT 813 EAST :MINNESOTA ST. We, Charles and Cheryl Burg, are asking the City of St. Joseph for permission to split the property located on East Minnesota Street into two parcels. The current parcel is 164' X 243'. The most logical division would be creating a new boundary in a straight line from west to east 122' north of the south edge of the property line thus creating one parcel 122' X 164' and one 121' X 164'. The new lots would be 20,008 square feet and 19,844 square feet, respectfully, far exceeding the minimum square footage of 11,000 per lot required by the city. This would create a boundary between the existing house and an outbuilding, however; we foresee one of two outcomes. Either one family buys both parcels to have possession of the shed or a second party purchases the north lot with the intention of building a new home on that parcel. We currently do have two water and sewer stubs in place. Weare also requesting an easement on the existing driveway so the owner of the north lot may have vehicle access. Thank you for your consideration of this proposal. CHERYL AND CHARLES BURG /"_ /i __ ,i!l ;; / i '~J - (p rr ,Cl2Jl1l) .- L2La0 n. ,<1,#,.,- ,/..?L4..Jf u"'J /0 Ifo /f)C)SE-D / C;.1"""'t/;........ c..),Vt._ i I . . 1!I'iM__ , r Ii J:::-I'J 1--,1 tJft(.~/EW;1 ~l' ~ql l J jJrPo'c.c t !f / t '--{)' ..,J ~.J , r--l' . I F~ . i'~ I . J ~ l~--.- I - f- - - - ...1 (XJ ~~ ~ .:t8 I __,_~_,__,_,',^.._..~,,,,___.,,=""'."" ! L~ '1..lJ \rJ ~ ~ ~ "'.... --...t... ., . i B/3 FAST MIIVN EsOrA f/) 't./' /) /f ! i J..- ,!"'J .,' ,,;;-1- .f...~.,+::.. L/t i i-l J ~t i. ! I I I i ! w " g j i , , ~ ~ ! I I I I >> I .... I I '- ! ('t". I . ~ , ~....... 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