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HomeMy WebLinkAbout[4f] Interim Use Patnodea*~~ crr~ of sr ~crih:rt~ MEETING DATE: AGENDA ITEM: Council Agenda Item 4 f September 18, 2008 Interim Use Permit -Issue an Interim Use Permit to Michael Patnode, 117 - 4th Avenue SE, to operate an owner occupied rental unit with a maximum density of two tenants. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on September 8, 2008 to consider the issuance of an Interim Use Permit to Michael Patnode, 117 - 4th Avenue SE . The Planning Commission unanimously recommended the City Council issue the Interim Permit as requested with the following contingencies: 1) the Permit is renewed annually and the review will include Ordinance Compliance; 2) completion of the rental license process, 3) the permit is non-transferable and the owner must annually provide evidence that the minimum Ordinance Ownership meets the requirements. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: See Planning Commission material BUDGET/FISCAL IMPACT: ATTACHMENTS: 1) Resolution of Findings - PC; 2) August 4, 2008 PC Action form; 3) Public Hearing Notice; 4) Application; 5) Site Plan; 6) Proof of ownership; 7) Vicinity Map REQUESTED COUNCIL ACTION: Accept the recommendation of the Planning Commission and authorize the Mayor and Administrator to execute the Resolution of Findings, issuing an Interim Use Permit to Michael Patnode, 117 - 4th Avenue SE . amt crn• c~F s•r. ~c~h:rn MEETING DATE: AGENDA ITEM: SUBMITTED BY: Planning Commission Agenda Item 4 September 8, 2008 Public Hearing, Interim Use Permit Michael Patnode, 117 - 4`h Avenue SE Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Michael Patnode allowing a rental unit at 117 - 4"' Avenue SE. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: Last year the City notified Patnode that rental licenses are required in St. Joseph and we had reason to believe that he was renting his house. He responded by stating that he was not operating a rental unit from the above address. Shortly after this conversation, the City noticed a newspaper article on Patnode whereby he stated that he lived with his teammates at SJU. The City turned this matter over to the Attorney and it went through the court process. Patnode admitted to renting and paid a monetary fine. At this time Patnode is requesting to secure a rental license for his property located at 117 - 4`h Avenue SE and wanted to make sure he went through the correct process. The City has received a completed application and he is 100% property owner. ATTACHMENTS: Hearing Notice; Application; Affidavit of Residency, Resolution of Findings; Vicinity Map; REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and Administrator to execute the Resolution recommending the Council issue an Interim Use Permit to Michael Patnode to operate an owner occupied rental unit at 117 - 4`h Avenue SE. Resolution of finding The request of Michael Patnode for an Interim Use Permit request came before the Planning Commission at a public hearing held on September 8, 2008. The purpose of the hearing was to consider issuance of an Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District. The property is legally described as Lot 30 Block 4, Eastern Park Addition, according to the plat and survey thereof on file and of record in the Office of the County Recorder in and for the County of Stearns and State of Minnesota located at 117 4`h Avenue SE. St. Joseph Code of Ordinances 52.27 Subd. 5: Interim Uses. The following are Interim Uses allowed by permit based upon the procedures and criteria set forth in Section 52.07.04 of this Code. a) 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 all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the owner/owners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership. The request for Interim Use has been submitted by Michael Patnode, 117 4`h Avenue SE; St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseph Code of Ordinances 52.07.04 Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval of the Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District with the following contingencies: 1. The rental license in non-transferable . 2. Approval of the Rental Housing Inspector 3. The Planning Commission will review the license annually and revoke the license if the property is in violation of the St. Joseph Code of Ordinances. 4. The City Office will place a notice in the St. Joseph Newsleader when the owner occupied rental licenses are reviewed and will accept public comments. ATTEST Sr. Kathleen Kalinowski, Chair Judy Weyrens, Administrator ~,~I ~ CITY OF ST. JOSEPH u u v cityo(stjoseph corn Public Hearing City of St. Joseph Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, September 8, 2008 at ~nd~ ~(~eyrens 7:00 PM. The purpose of the hearing is to consider an Interim Use permit to allow an owner occupied rental in an R- I Single-Family zoning district. The property is legally described as Lot 10 Block 4, Eastern Park Addition. Mayor St. Joseph Code of Ordinances 52.27 subd. S allows for an Interim Use Permit as follows: Residential AI Rassier 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 Counclors if the property is owner occupied, the owner must be a natural person, and all owners must occupy the Steve Frank property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the owner/owners must provide a copy of a recorded deed or recorded contract Rick S~h~ltZ for deed. A purchase agreement will not be accepted as evidence of ownership. Renee Symanietz Dale Wick Michael Pamode, 117 4'" Avenue SE, St. Joseph, MN 56374 has submitted the request for Interim Use. Judy Weyrens Administrator Publish: August 29, 2008 304 r r I I I ~ao2 ~ 22~ 300 ~ iyi r- l 308 314 3~ 20 y _-~~ ,,~ 19 I ~ 2U t 2T ~ ~ ~Ui - 1 X28 "'"; m 28 ; 302 301 300 ~ ~4! 27 ~ ` '~~ ,101 AE z r 34 , 303'4YF '~ .;~ ~~ 33 ~ ~ ~ SrF ~ 102 40! 19 ~ r-1~'r! "` RAC . ~ ~~'•` 38_ 304 ~ ~ 11 ~ y 1--.108 3~ ~ 102 ~ 113 c ~-.110 + 14 lae 1n ~_ 7_''' 118 1A5 < 110 11 iN -- 125 ~22~149 m 114 ._ 127 128 151 - --- 19 118 1.31 130 155 E'/S,K£H S(c rBAKcK ST c 205 ~~ I ~ _ 5 zo9 I'~" ~~~ OC 117 4`~ Avenue SE zti C_ollr~~~~ ~-~~~enue North PO fox 6b8 Saint ~oseph. Minnesota 563;4 Rhone 3zo 3b3 ;~zoi ~a~ 3zo 363 o34z F+P{'I.I~A7i~")N F(7~i IN7E~tIM tJSE PERMIT City of St. laseyh 25 College Avenue N PO Sax 668 St. )aseph, MN 56374 Phone 1,320)363-7201 ar Fa.x (3201363-0342 Sry A. r! OE MINNESO CA ) ss COUNTY OE STFARNS ) ~E~EIVED AUG 15 2008 - ~~ i EPH ee s X00, o0 Palg #'/~s / Cate ~ - /,~~OQ NAME: ~,`~t~,~~~'W --~ ' ---s-~,_~. ~ \~ -.~r~°~ PHONE: ~ I Z '~~ ~. f ' ADDRESS: ~ ~.._..~ L.,~ ~ ~, 1`, ,,,~ \, c-- I/UJe, the undersigned, hereby make the following application to the City Council and Planning C:omrnission of the City of Si. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking a!! applicable ordinances pertaining ro their application and complying with the ordinance requirements ) 1. Applicotion is hereby made for an Interim Use Permit to conduct the following ,_}Gs ~,~~ ~, ':. 1 ~}-; tom, ~-J j~. y. ~ L- ~- ~'~ ~ }' ? }~ ~ {' >~ 1 ~~"~ '~~ ~ ~ '.~ ~ ~ ~ ~{ 7~j !_; :.t.+ ~ i~, ..s 1 L: }~~J 9 }4-.. d 1 ~r~ t ~ ..~ ;O t3 ~%'"l~ i r"_1 .J ~ n_ 1 f1_' '- {, c.. %'~+ . ~ 1 a , /~~ i ~ ~7 ~' L~_.- .q T.. ,j p ;1•.' ~~ .~i° ~ i~ t j 'i v .., ,_. - -- ~ ~~~ ~-,~~ir,;..r~ j .. 2. Legal description o(land to be affected by application, including acreoge or square footage of land involved, and street address, if any (attach additional sheet if necessary): _' 3. Present zoning cf the above described property is: ~ -i 4 Name and address of the present owner of the above described land: f~~ y~, S Is the proposed use comK;atibie with the future and present land uses of the area? Flease explain: C~:%%`~ Yes ~" No 'r____ ..______ _ _~ _ ~. _ 3 ,. _ . `~ I ./ ~~ t.J J. ~ l d~ l , ~~• ! t... ~ J: I J~' ~ i~ i ~. '? ~'tA >~ l i:; .. 6. Will the proposed use depreciate the area in which it is proposed? Please explain: r Yes ~ No ' ~ ~ ~ ~ ~ T '~ l ~ - i'~ t" vv ~~ k--L p ~ - T~o ; v .2 2 ~ ,.~ .v ~~ 1 N 7. Can the proposed use be accomodated wi[h existing City service without overburdening the system? Please explain: Yes r No N~ /~ ~ -o ~ T 1 t~ ~v A--L ~ , ~ `~ 5 r f~ v ~ c ~ S .A ~ L -I G t3 E N>~ 1~t 1Q . ~~~; ~~r TI-~-2~E ,'E 12So tis , o ~~ ust,~c~ HnME nN~ S~R~^,~Es . 8. Ar/e local streets capable of handling traffic which is generated by the proposed use? Please explain: (-~/ Yes r No l~ a A >o D i Tl o.,~;~ i_ T2 ~~ i= r ~ c. - ~ s y ~ t >= T ¢'A,e,~ i N G Tv a c ~t SL tJ N o .v(o ~ i- ~~¢ >/ ~r~ y ~ rN c--2 /-~r~~u E- %'~ /UC/G f~/~o,~if~v ~ . ~~~r~c e ~f}~K-/N~ (Dtf ST~c2 T) ~/r4-~t'_A-fSLL /-'r~,e ~^'~EDS. Attached to this application, and made a part thereof, are other material submission data requirements, as indicated. Applicant Signature: Applicant Signature: Date: ~_~~ ,~~ Date: FOR OFFICE USE ONLY Date application submitted: Date application completed: nning Commission Action: r' Recommend Approval r Recommend Disapproval Date of Action: Council Action: ~ Approved r Disapproved Date of Action: Date Applicant/Property owner notified of City Council Action: C1TY C)F S7o J(7SEPN .___ .Front dorm . ~. eke; /e~ .,e ~;,, , ,t ,~c~~eh ~/ti .d~~c Applicant Name MICU(~ J ~Tno~ Address - I --~ ~./`~ ~e S'~ Numbe: cf Tenants Loning _ _J ~_1~Si_n_LI_e Tamil B1, Central Business ~s g Y ~' ("` B2, F+iahway Busine~ Ownership Copy of deed showing Requirement Requirement r SBoyo ~ 1~0% interest must be attached fulfilled i-- Yes ~ No (-~ N/a 1~Jt,~ a -~c __________ being of legal age, do hereby by attest and affirm the following: 1, My primary esidence is _~_~~ ~__~_ _ and that I am the owner of record of the same. 2. The Interim Use Permit is only valid while said property is your primary residence and you are living at the same. It will be your responsiblity to notify the City of any change of residency. 3. I make this Affidavit for no improper purpose. 4. I understand that deliberater falsification and/or omission pertaining to this affidavit will in result in revokation of the Interim Use Permit and the City will pursue civil and/or legal action. Signature 'Gc~i~~~~i~ - Date ~ /S> o~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S±ate of M N Ccunty of Stearns On this ~ / ~ ~ day of ~~ ~,~ ' ~~~ ~ , 20 ~i ~ before me ~ „~~1, Li ~" t,, '~ (' ,r ~%`'--~ a notary public, perscnally appeared _ ice; ~,~. .-, , ~~~; ~t f ~'"<, proved on the basis of satisfactory evidence to be the person(s) whose Warne (s) is (are) subscribedtc this instrumen*,, and acknowledged (he/she/they) exectuted the same. Witness my hand and official seal. ~ ~i , i l i~ :~ i'i Notary Sianature ~~ ~ , t '~' ~~~ 1 ~' "~_ _ rte='` '-,~=~'-~~'._~:~"r2-aJ->-.Z.cz.CC,3~c '~ ~ ~ ~~ (SEAL.) ~NR~r BIALK MIN'v~ SO7A ' ~"b Commission Expires !ar + Q Li f f ~ ~ M ~ ~•a 3 ~ U ' 1 ~_ ~7 ~ t: ~~~ ~ v ~~ r7 ~a ~ ~ f l~" _ a : I ~ I - -- s. ~-~-- ~- ' I I _ i..+ 1 _ I r ~ - --_ .. - - rl r,- J~ Hot-'•1C Ir Ii I~ i `~ _~~ _~ i I ~ ~~ ' r II ~, i ~ _ ~_ I ___ ~ ~ T J`~~_ ' - ~ ' "T"om I ~ ~) a ~ ~ ~) I - ~ ~~ ~a I : I i~~ ~ i ?' ~ I - L i ~, i r ~ I I ~! _ ~ 1 - -~r- i -r ~r l ~ _ I ~' I -_ i - - - , I I I I t III ii I ! ~ I ice:: :I n' tt - _ i ~. II J, I 1%~ I r ~~+-- _ fit. 11 I F ~ L ~ I i i i 1•-~ x I 1'r ' I !~ ~ f_.f--~-, -Y fj }{,f. ~ I _.~-n r I R' ~ . t ~A #-I ~; _ -, ~" _ u, ~ -_- _ ___ -.J rl i ~ 1 __ _~I.._.-__.'-~ __r- __.- __ I f ! ~__ _----~---1. I I i rr~ -_ _ . ,_-_. Cr. '-- --I ---- '' 'n %_ ~~~. .1 ___. I •~-__ .' {'c~ryt3ghl (~: SEN I©OJ ~An::~ ~ ~A,+C;~id $:t E - N, .f3r,.r~~tt 'c; t _ ~ urr..Ktk III 1511' n lI It- l__~ I -L ~pkf,FVl,f ~ ~r~. - r•y I , -._~`J !` ~-- . ___ ~ ~ h 1. ..- "'~.r i- `; - - ~ III '' ~ . I i I if I ,J I :7rt: t ~ ~ t --- ,~ ~ I t ! r-- n v--- II ~ I I ' ~ I_ I ;`--- y r ~-r- ~- r -~ ~~i (J` I F I r •. ~ / n ~ / ~ ~ - ' r i^ 1 ~~ I 1 f / t- . r1 T ~r_ ~ ~ _ I I ri ~ ~~ I ' I L - , ~ I - ~ ~~ ~ I i I ~ ~ . - l ~~' ~ _ 1...-' . 1 i i i• ~ ' ' , ry , i I -~...f- ~ ~ ; , ~, '~ I I ' i F . _ . ',. _, ~ 7 ~ r e--. r.`-a c~o~ft Disclalrner; This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offiices, and is to be used for reference purposes only. ..r`ti`i'~>/~C L?: JP,_ . ,_;..," 1c~S~°_:~`J ;~.`:`__1:~~ JO~'..r?~;_i- ~yG''~* ";t:r: ti~lG~!_/~'K G,~ ~(~~?J\ NO DELINQUENT TAXE3 AND TRANSFER ENTERl:O DATE . 3 I aoo (v AUDITOR DEPUTY $`~• S35a~f • ~~ Form No. 1-M -WARRANTY DEED Individual(sl a IndividwRsl DEED TAX DUE: (526.68 Date: August 25, 2006 OFFICE OF COUNTY RECORDER STEARIVS COUNTY, MINNESOTA Doalnent ~ 1205001 Certltled, Filed, and/or Releordod on ° 08-31-2006 at 12:28 PM DIANE GRUNDHOEFER STEARNS COUNTY RECORDER FOR VALUABLE CONSIDERATION, David R. Lodermieir, a single person, Granror, hereby conveys and warrants ro Michael I. Pabnode, a single person, Grantee, real property in Steams County, Minnesota, described as follows: / Lot 10, Block 4, Easton Park Addition, Village of St. ]oseph, according to the plat tLeatof on fik and of record in the o(fi« of the County Rawrder, Sturm Counyty, Minneaota. together with all hereditarnents and appurtenances bebnging thereto, subject ro the following exceptions: easements, covenants and restrictions of record. Check boz if applicable: ® The Seller certifies that the seller does not knout of any wells on the described real property. ^ A well disclosure certificate accompanies this document O I am familiar with the property described in this instrument and I certify that the status and number of wells on die described real property have not changed since the last previously filed well disclostee cert~cabe. Tlksu 1~3 -1:~1sM DEED Tl x D it I p 526.66 />/ ~~ David R. Lodermieir STATE Of MINNESOTA COUNTY OF ~~- } SS. This instrument was acknowledged be{ore me on August 25, 2006 ANDREA WILLEMS Notary Publlo-Mlrlrtasota t:emr+sslen .rn it, loon THIS INSTRUMENT WAS DRAFTED aV (NAME AND ADpRE551: Edina Realty Title 6800 France Ave. South Edina, MN 55435 ~1' i ti`CE':1 YS~(1 J~~~~ Osedc hest it part a all Ot the land is Registered Rornns) D Ta>t SauvrKms br the real DroPeny described in this irutrurtrent should be fun b lindude name and sddras d Gmsed: Michael J. Patnode 117 4th Avenue SE St. Joseph, Minnesota 56374 SCR _L of ','i `~! ~r sr. k,. .' yT„ H; a ;;;; ,~ -e ?< '~ w t ~.J tip v `o ~ ~L z y N a 7 ~ ~ x y 0 ~ o m o dLO~ ~~a~n M W ~p ~ V1 u1 O j Z aC+ C a Q ra ~+ r a, L ~ O u n -+ ~ ~ N a v O ~ o ~, m n ~ ~ ~ m O O o ~ o N wo H~ tact., OW OGW~ 00 03pp mz aazcv r~H OI~N~ Z WO 00 ZM' ~HF- O~ JJ~m 1D~W Q]~10 tlll-YdQt-ip WMW2W0 ~E»~Q O~ m o n z Q U a m 8/29/08 -Attempted to send PH Notice to M. Patnode. 9/3/08 Came back as undeliverable - Moved, left no address. W b m O d ~,~ ~~ ~~i