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Home My WebLink About[4g] Interim Use Hughes~lt~~ ~/R cr•r~' off sr ,lnst!r•rr Council Agenda Item ~L MEETING DATE: September 18, 2008 AGENDA ITEM: Interim Use Permit - Issue an Interim Use Permit to Crystal and Pok Ye Hughes, 415 - 7`h 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 Crystal and Pok Ye Hughes, 415 - 7`h 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 Crystal and Pok Ye Hughes, 415 - 7`h Avenue SE. a~ crrv off s,:~i»hrF+ Planning Commission Agenda Item 5 MEETING DATE: September 8, 2008 AGENDA ITEM: Public Hearing, Interim Use Permit Crystal Hughes &Pok Ye Hughes - 415 7`n Avenue SE SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Crystal Hughes &Pok Ye Hughes allowing a rental unit at 415 7`n Avenue SE. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The City received an application for Interim Use from Pok Ye Hughes and Crystal Hughes. They intend to rent to two persons and provide translation services. The staff has received all the information verifying that they are in fact the owners o f property. 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 Crystal Hughes & Pok Ye Hughes to operate an owner occupied rental unit at 415 7`n Avenue SE. Resolution of finding The request of Crystal Hughes &Pok Ye Hughes 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 Rl Zoning District. The property is legally described as Lot 3 Block 2 Graceview Estates 3 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 415 7`" 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 Crystal Hughes &Pok Ye Hughes, 415 7`" 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 Rl 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 ~ CITY O~ ST. OSI/pH u u u c it~~o~st,ose,~h cc,ni Public Hearing City of St. Joseph Adnunisuatnr The St. Joseph Planning Commission shall conduct a public hearing on Monday, September 8, 2008 at ~udy ~' ~^yren~ 7:05 PM. The purpose of the hearing is to consider an Interim Use permit to allow an owner occupied rental in an R-1 Single-Family zoning district. The property is legally described as Lot 3 Block 2, Graceview Estates 3. Mayor St. Joseph Code of Ordinances 52.27 subd. 5 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 Councilors 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 Schultz for deed. A purchase agreement will not be accepted as evidence of ownership. Renee Symanietz Dale u'/~ck Crystal Hughes & Pok Ye Hughes, 415 7'~ Avenue SE, St. Joseph, MN 56374 have submitted the request for Interim Use. Judy Weyrens Administrator Publish: August 29, 2008 -~^~-~ ' 314. 3 316 ~ 718 ± 808 `O 402 A r"-' < - 807 m '-406 1905 ~ 328 809 (~~J L~-1 it 332 __--- nom. r S T F Ohtt S I 338 810 , 812 814 904 908 ~ ` 710 708 ` 414' ~ `-~„i 4161' 408. ~At'S ~~.. L-``y l 411413 d15 f ~-- ~~ ~ 4.21 ,~ ~L420 i2A `425 ``-,1 ~'^..422 528 ~. ~ . ~ P `•- 428 i32 536 `_n R t1 r 415 7'" Avenue SE zs College Avenue North PCB Boy b68 Sant ~oseph, Minnesota 56374 ~h~~ne 3zo 363 7zoi Fax 3zo y63.o34z APPLICATION FOR INTERIM USE PERMIT City of St. Joseph 25 College Avenue N PO Box 668 St. Joseph, MN 56374 Phone (320)363-7201 or Fax (320)363-0342 STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) NAME: r ~ Kok Ye .-,.~ Paid ~; e ~~ in~ Date ~ ~ ~ PHONE: Sad . 3 6 3. d 33 3 ADDRESS: ~ 15 ~ T>i ~ ~~ $~ . ~ JAS EI~tI ,r M ~ J` ~0 3 I/VNe, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with the ordinance requirements.) 1. Application is hereby mode Ior on Interim Use Permit to conduct the following: " /'en f "ataFil i fiart~ ! rdd~l S ~i~ rky ~Zdtt~t ~ ,SLGd~'>~ - f~ ~rvj s fc~~ g 2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, i/any (attach additional sheet it necessary): ~o~c ~ac~~d a~- ~/s ~ ~e s~ sf.~ox~h, ~~ ,~3~- 3. Present zoning of the above described property is: 4. Name and address o1 the present owner of the above described land: C'~s~ C'. ~cc~ h,~i , 4~/5 3~ .~9-ve sE, S~ . %sy~h , m~1/, s6 3 ~ 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: Yes r No !~!/'c arc rcaf a/f~~~ T 12.e ~"-es~d.~~i ce oz ~e ~~ h h~ ~i~d 6. Will the proposed use depreciate the area in which it is proposed? Please explain: r" Yes ~( No 7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain: Yes r No 7`L~~ uir// 4/1 ~ ,~ ~ r " " Sdrl ~iV~YC y ~ Y~ ~t_e l2 ~~~ ~i//- f7iy~~, 8. Are local streets capable of handling trafFc which is generated by the proposed use? Please e~cplain: ~' Yes r No /lip ~~~~ ~ ,~/1-c ~cu~h h~ ~~d s f~ ~ ~~ a~ .~ Attached to this application, and made a part thereof, are other material submission data requirements, as indicated. Applicant Signature: ~ow~u.-~ Applicant Signature: (~~SO n /i~ C~~ Date: Date: D FOR OFFICE USE ONLY Date application submitted: Date application compl eted: Commission Action: r Recommend Approval r Recommend Disapproval Date of Action: Council Action: r Approved r' Disapproved Date of Action: Date Applicant/Property owner notified of City Council Action: ~:. ~ i ~, •. (; ~F: r,~,s .~~i..'!a-i, Vii. ~f)~~~j ~, d~'i~.`. 'ii ~/? ~...... ____._..~~..~... _ ~~~ilj jl;;~ e'i/,i ~pplicar~t lvarr~e i t ~ ,' ~ 1 ., ~ t " ; I Address 1 ~ ~ =~~T~) ~~- n -/, ~ N,,~mbe: cf !enants -~-- ~-- Zoniriq '~ R1, SinGle } amity (' E", r_entral Bus ne~s ~ 62, F+ichway 8usr,ess ~ - Qwnership Copy of der d showing Requirement f?ega.irernent ~_ ~G ~~ ~ 10~% interest must be attached fulfilled ~- yep ~~ No ~ N/a i ~ ~ ~ _ _. e_%~~~..~~ ~`_ti'~~~r'/,¢' being of legal age, do hereby by attest and affirm the following: ~,> ~. My primaryresidence is _Lyj ~7r~~ ~ ~ j.cl0,;~i~and that 9 am the owner of record of the same. - -.~-- - ~. 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. !make this Affidavit for no improper purpose. 4. I understand that deliberater falsification and/or omission pertaining to this affidavit will in resuh in revokation of the Interim Use Permit and the City will pursue civil and/or legal action. Signature ~~ Date ~~ _ ~~__~ r~~, ~~ a • • w • a a • s • • • r • • • • • • • • • • • • • • • ^ • • • ^ • • • • ^ • • • • • • • • ^ • • • r • • • State of N!N t_ounty of Steams C)n this ~ day of _ ~0(:~_, before me _~~,~~~eL_ f~ , ~ , a notary public; personally appeared ~.., ~ ~~_~~~ ^ e proved ;n the basis of satisfactory eviderce to be the person(s) whose name ;s) is (are; subscribed to tf~is instrurr~ent: andwedged (he/she/they` exectuted the same. Witness my hand and official seal, Notary S~gnat; re X`~U -- - ,c _ _ _ .~,2.~.~ ~ `~~ ~~ t i,~,14~Ei..~ R ~~l°L~rc cY ''~ ~ NO~P.R" ~'Jf3L:C NJNNES F :` j'3 4~ isy Cemrnissitir Expires dcn. 3 ~ [~~ N ~~. ~s~„; s~~ ~~:; ~ AUG 2 9 2008 ~#=E~.~IIf'~~'l'I ~;+i~ ~~~.~;11~~.~]~"~' ~'~iTti UFST JOSEPH - -~ =~- i, AddreSS / _ ft ~ i«~- t ,~- ' ~r ! ! ~ r ~ J~~i/ NUmberOf ienan?s , j ~ Zoning .y R1, Single rami,y ~"' B1, Central Business {' B~, Hig'~~way Business ' Ownership Copy of deed showing Requirement Requirement .:.~° interest must be attached fulfilled ly;' SO % (" 100% ~ Yes (~" No j N/a i p ~ ~ ~~ f'~:• _ ~ v l _'~1.`~ ~~ __:~...--.~'} '_~' -~-~ --~~~beinf~ of legal age, do hereby by attest and affirm the following: i.' 1. My primary evidence i~ 1~~~;~ 1's. ~~~ ~n~= ~~ ~ 'f''. and that 1 arr'i the owner of record of the same. 2. The Interim Use Permit is only valid while said property is your primary residences and you are living at the same-. It will f>e 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. `i •~., ~: r ~ Signature ®y~ 6~~/ 't_ _ _ ... - - Crate ~~,,~iL,' c'j /~ t~l . ,... °--- - ----- - J ~L State of M N Cour,'.,~ c` Stearns On this °~ ~ da of _ , 20 ~ ~ before me iT7U/'L~l'SO~,Z___, a notary public, personally appeared __S_ d _. ~ {~~~~ ~------- proved on t e basis of satisfactory evidence tc be the person(s) whose name (s) is (are) subscribed to this instrum~er,t, and acknowledged (he/she/they) exectured the carne. Witness my hand and official seal _ ~ ~FFLI6SA NfJll,`NDSON Nctar Siar~~aturer ~ ~ Adinnesota ~x_.; f~.y ~orxnssion Expires January 31, 2011 <_~ - r is tl i- , i i t _ i - _ - _ ~ _ _ - -. - - I I _- _,- r -- I I ~ ~ ~ --~ ~ ~- -!- = F- i it ,i~. ~ r r - - ~ _ __ a `-_ ~I I n ~ I ~ ___ __ ~ _ ' ' ~, ~ 1 I l -A ~ ~ ~ '~ __ __ _ _ T 4 ' -- --III- J- r r .. i _ r ,I I-, l i L~ i I I i ' ~ ~ f` ~I II ~ ~ r a ~ I ~ - - - ; . -, i u .. ' I ~ F... I _ ~-. _ _ ~ i '--~ F --i- r-- -- r- i _ ~ ~~ I I^~ i L ,. +~ -- I- ` _ - --~ -~ ,f ,. r } C. 6k _._ _ i, I F~_ ~. I__ -r. .r~ ~~ ~I< f I if s ('a{ ~~ y -I --I I.~ ,,~ r- r ~ ~^ ~ ( ~' r~ ~ ~ .i r-- I - _ r _~~ _ ~z ~ L~ I ~ j ri ~ lIl n: - l ) ~ ~_.`~rr~ n __ .. F.. f1'.At~_r t _ r~, 'J;S'.:F,.>~ ~:r - .;._~ ,_, r-I-'-,.I - 7I~ y _' /' ~ I ` , _ _ •: - - _ _ ... l~ ~ T ~ - j I - _ L( ~H _ I ._ ~~Lr-1_ ~71t,'.!:.,I~~q -- Gn t ~~i t~1--~ r -?'-- i ~`- r I ~- ~ ~~~t -" ~- ~.. ,I, I I 'i- tr I 1 I I , f- i I "' 3~ .~ 1 i I I i I j f'.--~-I/- ~~ _ i `iT -- 4 ~~ ~._i_1.- q+ .. ~. ~ .. - _ ___ -_ _ -- __- _, ._L_ _, , ~ _. _ ~~ i l :III ~ , -~--, -;---r-y--; ~ ~~ ` ~~1e _ . i hl' ~x y -~ - - --`~~ -~T£~,i`_E *M{,:C`t .iii _T.- ~ .t i _ L- I,: f ; r, _ i r _ 1 .P -- :. _ ~' r_. ~ i ' ~ ~Il .r .: ~- I~ ~ ~ ~ ., ~ it I ; i (,, i 1 ~,, i ~- ~i ~ ~; III I I I ii ~ j ~. --- --'-- --~- ---~ i ~~ i I ~ II___._.__~ __- i i ~ I o -~~~$fl -~ i i I I ulscralmer: (n(s rnap is neither a leaaliy recorded rnap 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 offices, and is to be used for reference purposes only, rtt~>s://~;;,~';-t l.se~ zinc. corn/se.~svc~'-.t:~,UCVO/m a~Layout. ~,tms 8/2 ~/~GCX Z'1U ^~>~~ NO OElINOUENT TAXES AND TRANSFER ENTERED ~y . 535.33 . ~ ~ 9 Quit Claim Deed STATE DEED TAX DUE HEREON: S ~ , fa 5 Date: August 15, 2008 OFFICE OF COU~iTY RECORDER STEARNS COUNTY. MINNESOTA ~~ ~~ Document tt 12fi5988 ..- ..~_ Certified, Filed, andlor Recortled on ~~,°D, ~~ „~ 0&18-2008 at 01:20 PM ~^ DIANE GRUNDF-fOEFER STEARNS COUNTY RECORDER "The total consideration for the transfer of this property is $500 or less." , FOR VALUABLE CONSIDERATION, Crystal Hughes, unmarried person, Grantor, hereby conveys and quitclaims to Crystal Hughes and Pok Ye Hughes, Granites as joint tenants, real property in Stearns County, Minnesota, described as follows: Lot 3, Block 2, Graceview Estates 3, Stearns County, Minnesota. together with all the hereditaments and appurtenances belonging thereto The Seller certifies that the Seller does not know of any wells on the described 1 o rty. Crystal H STATE OF bIIM1ES0?A ) ss. COUNTY OF STEARNS ) The foregoing instrument was acknowledged before me this I~day of 2008, by Crystal Hughes, unmarried person, Grantor. NOTARY PUBLIC This instrument was drafted by: Robert L. Kalenda (~1532b0) Kalenda & Associates 919 West St. Germain, Suite 2000 St. Cloud, MN Sb301 320-255-8840 ~ Ct~~~ a~ tax statements to: THERESA N. LOCH•T~E wry pi,aid~ tal Hughes -ry commi~slon ~~.. ,p„ s~. sdbi 7's Ave. SE . oseph, MN 56374 19 TRESO~ 6/18/2088 13:11:39 888817988 DEED rz x vAlo i. 65 SCR ___~_ ot__,~___