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HomeMy WebLinkAbout1981-10-21 JPC MINmiymS Joint Powers Committee October 21, 1981 MEMBERS PRESENT Cathy Buck, William Lundquist, Ray Senkus, Ann Bodlovick STAFF PRESENT Doug Swenson, Dennis O'Donnell, Rhonda Thode OTHERS PRESENT Dick Moore, Gerald Daniels, Linda Michie CALL TO ORDER Ray Senkus chaired the committee and called the meeting to order at 5:45 p.m. APPROVAL OF MINUTES Cathy Buck moved to approve the August 19, 1981 minutes as presented. Bill Lindquist seconded, motion passed unanimously. VARIANCE REQUEST FOR Il+iMOO NUCLEAR Cathy Buck stated that the Joint Powers Committee has bent over backwards for Immuno Nuclear because they are pleased with their business activity in the Industrial Park, but she personally did not see a hardship. She felt it hadn't been demonstrated that there was any consideration given to any other part of the property for sign placement, if somebody would have demonstrated that some kind of hardship existed, she wouldn't have a problem approving the variance. Ray Senkus and Ann Bodlovick agreed with Buck, that a hardship was not present. Bill Lundquist felt if it would aid in the appearance of the building it wouldn't bother him to give them the variance, Ann Bodlovick also agreed with that. Cathy Buck moved that the Joint Powers Committee deny the variance request at this time because there has been no proof of hardship and no proof that the sign couldn't be located elsewhere on the property. Ann Bodlovick seconded, motion carried unanimously. AFFORDABLE FURNITURE Gerald Daniels stated he would like a permit to temporarily sell Christmas trees at his store located at 13900 North 60th Street. Cathy Buck asked how long the season would run. Daniels stated the week before Thanksgiving right up till Christmas, and that he wouldn't be putting the trees on the parking lot, but around the parking lot where it - wouldn't interfere with any car parking. Dennis O'Donnell explained that he went through the ordinance to find out if it was legal or not and he couldn't find anything that addressed outdoor sales directly. There is a section in the ordinance that allows for sales -on open lot under a special use permit (however, felt this was for perminant outdoor sales). Joint Powers - Minutes October 21, 1981 P age 2 Another section of the ordinance says there shall be no storing of goods in the off street parking area. The ordinance is not clear whether temporary sales is allowed or not. O'Donnell stated if the committee felt it would be appropriate, he could issue a conditional use permit on a yearly basis. Cathy Buck stated she would just a soon see this kind of thing handled as a conditional use permit on a yearly (seasonal) basis. Ann Bodlovick thought it was commendable that Mr. Daniels came before the committee and explained what he wanted, and that he demonstrated to her that it was a reasonable request. She felt the permit should include something to the effect that the selling of trees be in a certain area, not in the parking lot, and the dates of selling also be included. Ann Bodlovick moved that the Joint Powers Committee grant Mr. Daniels a permit to sell Christmas trees the week before Thanksgiving up to the 24th, and that Mr. Daniels have a few days to remove what is left after that. Cathy Buck added that the conditional use permit include that none of the trees be placed in the parking area. Ann Bodlwick also added the permit be for this year, and will have to reapply every year. Cathy Buck seconded, and the motion carried unanimously. Bill Lundquist asked Doug if he saV any problems. Doug felt this would be a good way to handle the matter since the ordinance is unclear. GENERAL DISCUSSION The issue of Cub Foods selling pumpkins in the handicapped parking area was brought up. Doug Swenson stated by the time action could be taken against Cub Foods they would probably be back in compliance with the law, and that maybe it should be handled as a local enforcement type thing that should be done through the city attorney's office. Cathy Buck suggested some kind of standard procedure be set up so action could be taken on the offender as soon as noticed instead of having to wait until a Joint Powers meeting. Further discussion concerning this matter will be taken up at the next meeting. Cathy Buck brought up the for sale sign of Croixgate Realty which is advertising property for sale as being commercial, industrial, and residential. Croixgate was requested to revise the sign to indicate only industrial activity could take place on the property. Buck requested O'Donnell to send a letter to Croixgate requesting the sign be changed,to notify them the original PUD permit for the property has expired. ADJOURNMENT The meeting was adjourned at 6:20 p.m. /s/ Dennis O'Donnell Minutes of the Joint Powers Committee October 21, 1981 IMMUNO NUCLEAR, INC. PUBLIC HEARING MEMBERS PRESENT Cathy Buck, William Lundquist, Ann Bodlovick, Ray Senkus STAFF PRESENT Doug Swenson, Dennis O'Donnell, Rhonda Thode OTEERS PRESENT Dick Moore, Gerald Daniels, Linda Michie CALL TO ORDER Ray Senkus chaired the committee and called the meeting to order at 5:35 p.m. PUBLIC HEARING Linda Michie, from Be Architects representing Immuno Nuclear, showed the Joint Powers Committee members a sketch of the proposed sign. Dennis O'Donnell explained that Immuno Nuclear was requesting a variance to construct a sign two feet from the front property line instead of the required 10 feet. Cathy Buck asked Dick Moore if he saw any problems with safety, Moore indicated he did not. Buck then asked Dennis O'Donnell about sign size. O'Donnell stated it was not objectionable, but the ordinance requires a 10 foot setback, which is not an unreasonable request unless there is a hardship involved. Ray Senkus questioned Linda about putting the sign on the edge of the property. Linda stated it still wouldn't be 10 feet from the property line. Further discussion followed about alternative places to put the sign. Buck asked O'Donnell if he saw a hardship in this case. O'Donnell stated that a hardship in the case of a variance request means you are denying the property owner reasonable use of his property, and in this case, the owner still has reasonable use of his property since he has a substantial building there. O'Donnell felt they could locate a different sign some- where on the property meeting all setbacks. Buck stated she felt that a hardship was not present, that it appeared to her that other possible locations were not explored. Linda Michie stated that identification from the road was what they were thinking of. ADJOURNMENT The public hearing was adjourned at 5:45 p.m. /s/ Dennis O'Donnell NOTICE OF PUBLIC HEARING Notice is hereby given that the Joint Powers Committee will hold a public hearing on: Wednesday, October 21, 1981 5:30 p.m. Washington County Board Room Washington County Courthouse Stillwater, Minnesota The purpose of the public hearing is to consider the request of luno Nuclear, Inc. for a variance to construct a sign two feet from the front property line instead of the required 10 feet. The property is legally described as the North 270 feet of the South 915 feet of the West 450 feet of the SE' of the SE' of Section 32, T30N, R20W, City of Stillwater. The public is encouraged to attend and testify. /s/Dennis OlDonnell Zoning Administrator October 7, 1981