Planning & Zoning Commission

By Dan Gordon,2014-03-01 04:44
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Planning & Zoning Commission

    Planning & Zoning Commission

    Thursday, January 22, 2009

    7:00 PM

    City Council Chambers



    Bob Wiskow Jerel Mockenhaupt

    Bryan Holtz Wayne Getz

    Nancy Heim

    John Schaber STAFF PRESENT:

    Carol Stennes Nick Koverman, Administrator

    OTHERS IN ATTENDANCE: Jared Severson, John W. Decker, Johnny Decker III, Deb Fort, Skip Fort, Lyle Lawrence, Jeff Hardtke, Brent Zingler, Joel P. Haas, Julie Hass, Theresa Wilery, and Tara Schweitzer.


    Quorum was established and Bryan Holtz called the meeting to order at 7:00 p.m.


     Motion to approve: Carol Stennes

     Seconded by: John Schaber

     Motion declared carried

APPROVAL of MINUTES-November 6, 2008

     Motion to approve: Nancy Heim

     Seconded: Bob Wiskow

     Motion declared carried


    1. Public hearing for three variance requests located at 1279 St. Charles Avenue (North Star

    Foods and Northern Properties). The applicant seeks a variance of 21 percent with respect

    to the allowable lot coverage restrictions that will exceed 50 percent of lot coverage; a

    front setback variance (30-feet) to match the existing structure; and a 9-foot variance of

    with respect to height restriction. The public hearing was opened at 7:02 p.m. Brad Arndt

    (owner) and Lyle Lawrence of North Star Foods provided a brief explanation of the need

    for the variances and the purpose of the proposed 20,518 square foot addition. They

    explained that it would reduce if not eliminate the need for external cold/dry storage

    trailers currently located on the property. Tara Schweitzer of 261 W. 13th asked for an

    explanation of the variances and clarification of location of the proposed addition.

    Administrator Koverman helped facilitate a discussion with Lyle Lawrence providing

    detail to the needs and location. Concerns were then expressed by other residents non-

    identified as to parking concerns of semi-tractor/trailers. Mr. Lawrence indicated their

    willingness to work with those residents and the haulers to secure better options for

    parking and noise concerns. Mr. Holtz called out for any other comments. Receiving

    none he closed the public hearing at 7:13 p.m. The Planning Commission reviewed Mr.

    Bender’s comments and agreed to enter those into the record as support for the granting

    the variances with the three proposed conditions:

    1. The petitioners will abide by all representations they or their agents made during

    the hearing process, to the extent, the Commission did not negate those

    representations and to the extent, they are not inconsistent with the spirit or letter

    of explicit conditions to the request.

    2. The petitioners obtain a Certificate of Zoning Compliance after the final building

    inspection to verify the improvements and uses are consistent with the testimony

    presented to the Commission.

    3. The petitioners comply with all applicable Federal, State, and City regulations.

    Mr. Schaber added that we may need to revisit the parking in commercial areas.

Motion to approve: Bob Wiskow

    Seconded by: Carol Stennes

    Motion declared carried.

    4b. A public hearing to hearing a CUP located at 501 Whitewater Avenue located in an R-1 (Residential District) by Jeff Hardtke as well as the request for a variance side setback of 6 feet was opened at 7:15 p.m.

    Mr. Hardtke was present to discuss the request. Mr. Hardtke provided a brief description of the building’s use since 1958 as a sign shop. Mr. Hardtke indicated that as far as traffic considerations it would be more personal vehicle traffic, but that when lettering vehicles for his business those pieces would be moved inside. Nancy Heim questioned Mr. Hardtke regarding not being registered, as far as she could find, with the State’s Office of the Secretary. She expressed that he should look into this matter and he agreed to do so immediately.

    With no further comments Mr. Holtz opened the floor to other guests. Joel Haas questioned the permit process. Administrator Koverman provided a brief discussion of how Mr. Hardtke had applied for the building permit for the building and after reviewing the zoning with staff and the zoning advisor from Winona County that a determination was made as far as the legal non-conforming use and how Mr. Hardtke met the guidelines. Mr. Holtz explained that we were not here at the meeting to discuss the permit process; however he indicated that a mistake had been made interpreting the rule which led the petitioner to apply for a Conditional Use Permit. Mr. John Decker stepped forward next and expressed his concern that the permit had even been issued. He cited past history regarding a lawsuit against the City of St. Charles, Mr. Hardtke and himself. He raised concerns regarding the non-conforming uses, grandfathering, and repairs to a structure. Upon conclusion Mr. Holtz asked if anyone else would like to comment. Hearing no one else the public hearing was closed at 7:30 p.m. He then called for a motion to table the item until a future meeting in order to seek further opinion in light of the items brought forward.

Motion to table: John Schaber

    Seconded by: Bob Wiskow

    Motion declared carried.

A motion to adjourn at 7:32 p.m.

    Motion to approve: Nancy Heim

    Seconded by: Carol Stennes

     Motion declared carried.

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