HomeMy WebLinkAbout[11a] IU Permit - Student Housing 119 College Avenue N~~"~~~
cr~c~sa:;~~~ Council Agenda Item 11 a
MEETING DATE: March 20, 2008
AGENDA iTEM: Interim Use Permit - Student Housing LLC, 119 Coilege Ave N
SUBMITTED SY: Administration
SOARD/COMMISSION/COMMf1TEE RECOMMENDATION: The Pfanning Commission conducted a
public hearing on March 3, 2008 to consider the issuance of a non-owner occupied rental at 119 College
Avenue North.
PREVIOUS COUNCIL ACTION:
BACKGROUND WFORMATION: See Planning Commission Request Form. As stated above, the Planning
Commission conducted a public hearing on March 3, 2008 at which no one present appeared to testify.
Michael Deutz has requested an Interim Use Permit to rent the property south of the car wash. He
stated at the meeting that he intends to expand the facility with the car wash, but is waiting for the
economics to work. At the meeting he indicated that the expansion could be within six to twelve
months.
As you may recall the Business Zoning Regulations (B1 and 62) have been amended to allow non-owner
occupied rental as a transitional use. That is, when the majority of the neighborhood is used as
business, the Interim Use Permit would cease. In the past the Planning Commission, ratified by the City
Council, has issued Interim Use Permits in the Business Zoning District for a period of three years,
renewable for an additional three years. The three years will change if a second property owner makes
application in the same neighborhood. Any succeeding Interim Use Permit will follow the dates
established by the First Interim Use in the neighborhood.
The Planning Commission had discussion as to whether or not three years is applicable for this
application as a large portion of the area is already commercial use. After considerable discussion the
Planning Commission recommended the Council approve the Interim Use Permit for a three year period
with the same being reviewed annually.
For your convenience I have attached the maps of the neighborhood illustrating the use of the
surrounding property. This same information was presented to the Planning Commission.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: 1) Resofution of Finding; 2) Pianning Commission Request Form; 3)
Public Hearing Notice; 4) Application; 5) Vicinity Map; 6) Extract of PC Minutes; 7) Rental Housing
, Inspection Report and 8) Area Land Use Maps.
REQUESTED COUNCIL ACTlON: Authorize the Mayor and Administrator to execute the Resolution of
Findings, issuing an Interim Use Permit to Student Housing LLC to operate a non-owner occupied rental
at 109 College Avenue North.
(NOTE: The draft -unedited minutes are those which are drafted by Sarah and 1 have not yet reviewed
for eorrection. Therefore the minutes will change before the Planning Commission receives them. 7 have
sent them out in this format so the Councii has an opportunity to see the action that happened at the PC
meeting.)
Resolution of finding
The request of Student Housing LLC for an Interim Use Permit request came before the Pianning Commission at a
public hearing held on March 3, 2008. The purpose of the hearing was to consider issuance of an Interim Use
Permit to allow a rental unit in a 62 Zoning District.
The property is IegaUy described as lot 4 Block 12 N 66' of 5132' of fots 4, 5, & 6 Block 12 Original Townsite,
located at 109 Gollege Avenue No..
St. Joseph Code of Ordinances 52.32 Subd. 12(a) states: Interim Use Permit for Rental Units: Residential units in
areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental
unit for a specific period of time. The maximum density for rental units under the interim use permit shall be
limited to the density which is allowed in the R-1, Single Family Residential District.
7he request for Interim Use has been submitted by Student Housing LLC; PO Box 6345t. 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 5t.loseph, the Planning Commission makes the following
findings:
The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseoh Code
of Ordinances 52.07.04
Therefore, based on the above findings, the City Council makes the following recommendation:
Approval of the Interim Use Permit to allow a non-owner occupied rental unit in a 62 Zoning District with the
following contingencies:
1. 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.
2. The Planning Commission will review the license annually to determine if the area surrounding this
property is ready for conversion to the business district. When the neighborhood is ready for
conversian this permit shall become null and void.
3. If after three years the area is not ready for conversion, the applicant can request an extension for an
additional three years, with the same review process.
4. Approval of the Rental Housing Inspector
ATTEST Alan Rassier, Mayor
Judy Weyrens, Administrator
~ ~ ~.
c~~'~ r~~r ~K~~~~~
Planning Commission Agenda Item
MEETING DATE;
AGENDA ITEM:
SUBMITTED BY:
STAFF RECOMMENDATION:
March 3, 2008
Public Hearing, Interim Use
119 College Avenue North
Student Housing 1LC
Administration
Issue an Interim Use Permit aliowing th~ conditional rental
license.
PREVIOUS PLAMNING COMMISSION ACTION: In 2006 the City amended portions of theZoning
Ordinance. One of the amendments changed how rental units are licensed in the B1, Central
Susiness District. Prior to the amendment, rental was only allowed if 50% of the building was used
commercially. The amendment now allows rental in B 1 through the issuance of an Interim Use
Permit.
BACKGROUND INFORMATION: The Interim Use Permit is conditional and is only valid for a period
of three years with an extension of an additionai three years or until the majority of the
neighborhood has transitioned to commercial use - whichever comes first. Since the Ordinance
has been amended two lnterim Use Permits have been issued. One of the permits is on Cotlege
Avenue North near Daisy a Day and the second one is located Birch Street. I have included in
this packet a map illustrating the current land uses within the neighborhood of the subject
property and the zoning. map.
The findings attached to this request are consistenf with the findings o# the two prior interim use
permits iss.ued.
Before the rental certificate can be issued the property owner is required to complete the rental
license process which includes an annual inspection. We do not require the inspection to be
completed before the public hearing; rather, it must be completed before tenant occupancy.
The rental inspection will need to be completed. .
ATTACHMENTS:Hearing Notice, Fact of Findings, Application, vicinity map, Land Use Map, Zoning
Map
REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council adopt the findings
issuing an Interim Use Student Housing LLC to operate a rentai property in a B 1 Zoning District
witn the sited conditions
.
www. cityo~stjoseph.com
,
~udy ~eyrens
Administtator
Mayor
AI Rassier
Counci~ors
Steve Frank
Rick Schultz
Renee Symanietz
Dale ~ick
Judy Weyrens
Administrator
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CITY OF ST. JOS~PH
Public Hearing
City of St. Joseph
The St. Joseph Planning Commission shall conduct a public hearing on Monday, March
3, 2008 at 7c00 PM. The purpose of the hearing is to consider an Interim Use permit to
allow a non owner occupied rental at 119 College Avenue N, legally described as Lot 4
Block 12 N66' of S 132' of lots 4, 5& 6 Block 12.
St. Joseph Code of Ordinances 5232 Subd. 12: Interim Use Permit far Rental Units.
a) Residential units in areas that have been rezoned to commercial from residential shall
be allowed an interim use permit as a rental unit for a specific period of time. The
maximum density for rental units under the interim use permit shall be limited to the
density which is allowed in the R-1, Single Family Residential District. _
Student Housing LLC, PO Box 634, St. Joseph, MN 56374 has submitted the request for
Interim Use.
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zs College Avenue North • PO Box 668 • Saint ~oseph, Minnesota 56374
Phone 3zo.363.~zoi Fax 3zo.363.o34z
. r~S.P~L~IC~S"I'ION FOR IAT~'EI~I1W1 USE PERN~I~'
CITY ~F ST. JQSEPH
25 College Avenue NW Fee $
P. O. Box 668 Paid
St. 3oseph~ MN 56374 Receipt€t
(320~363-7201 or Fax (320)3~3-03~2 Dar~
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS)
~A .~-- ,(~
NAME: ~% ~,f.~ ~11J` ~ /0(!(f~'i.rt~/~j, ~ ~ ~- PHUNE: ~c~ "` ~ Fr~ `~`~~~
~ ADDRESS: ~ Q~ • /...a C~ ~s' .S '7, ~ t :~ S ~ ~ v" I ~~ ,- ~E~ S°~ ~
IiWe, die undersignett, hereby make the folfowing application to the Ciry Council and Pianning Commission of tl~e City of St. Josep6, Stearns County,
Minnesota. (Appiicants fiave the responsibility of checking all applicable ordinances pertaining to their application and complying wiih all ordinance
` requirements):
1. Application is hereby rnade for terim Use Permit to c d ct tlie fo 1 wing: ~~'f ~ ~-/ ~~~'~` ~'~~ ~
~-~~9' C~'~~r~-~~ ~"'~~ ~
2. Legal description of land to be affected by app)ication; including acreage or sq~are footage ofland involved, and street ad~ress, if
any att~arc~, adtlitional sl eet ifnecessary :~1"~ l'c>f/~~`6 ~ ~/7f ~ /1~ , f'~'~ 06 Q b
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3. Present zoning of the above described property is:
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4. Na e and addr~ss of flie present awner of the above described roperty is: /(f ~/,~/+~ ~~ ~~t.j /"Z-.
, ~. C~. ~€~)C ~s ~! ~ i .. ~~5~~' ~6 ~ sc.~
5. Is the:proposed use compatible with present and uture la~ uses of the azea? Please explain: /~~ ~ "-'T~
C'or~~.~J'"z-~r s~2?/'~-~ i~~..~~ ~`f[~i~ 2'S` an~ r~ ~ ~', '~~
6. Will the proposed use depreciate the area in which it is proposed? Please ex lain:
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7. Gan the, proposed use be accommod~ ted witl~ existing CiTy service without overburdening the syss~m? Explain:
~!~S ,~ ~ s C'~p~~ 7''-s""~ c~s T` ~~ ~~-~i ~r's C f~k'~ ~ i~~` C~.~G"=
S. Are I cal streets capable of handling traffic which is generated by the proposed use? Please explain:
~~~ ~o . ~.~ ~ ~ _
Attacfied to t6is apQiicntion and made a Qart thereof are othe terial submission data requirements, as indicated.
ApplicantSienature: Date: ~~ ~~ ~
OwnerSignature: Da[e: ~~3Q '+ ~~
~OR OF~ICE L15E ONLY
DATE APPLICATION SUBMITTED:
DATE APPLICATION COMPLETE:
'i Planning Commission Action: Recommend Approval Recommend Disapproval Date of Action
' Date ApplicanUProperty Owner notified of Planning Commission Action:
City Council Action: Approved Disapproved Date of Acaon
Date ApplicanUProperty Ownernotified ofCity Council Action:
DataViewOnline Map
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Disclaimer: This map is neither a fegaliy 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 offices, and is to be used for reference purposes only.
http://portal.sehinc.com/dataView/mapLayout.htm 2/11 /200F
E~ctract of March 3, 2008 Draft (unedited) Planning Commission Meeting
Public Hearing, Interim Use Permit - 119 College Avenue N: Weyrens stated that the purpose of the
hearing was to consider an Interim Use Permit to allow a non-owner occupied rentat at 119 College
Avenue N, legally described as Lot 4, 61ock 12 N66' of S132' of Lots 4, 5, & 6, Block 12, Townsite of St.
Joseph.
St. Joseph Code of Ordinances 52.32 Subd. 12: Interim Use Permit for Rentaf Units.
a) Residential uni#s in areas that have been rezoned to commercial from residential shall be allowed an
interim Use Permit as a rental unit for a specific period of time. The maximum density for rental units
under the Interim Use Permit shall be limited to the density which is allowed in the R1, Single Family
Residential District.
~~~~
The request for Interim Use was submitted by Student Housing LLC. ~ ,``~ ~, ~~a ~
~~'- ~' ~,. ~ ~.
Weyrens advised the Commissioners that there is a mix of different land uses m f~ a~~ tp i~ `lude
commercial, mixed use residential, non-homestead residential and homestea~l~' ~sid~a#ial. she added that
the Interim Use would expire within three years of when the permit is apprc~e ~`~r ~~'~
~. ~,
~ ~
~ `~„~,~ ~ a~k,
Kalinowski opened the Public Hearing. ~ ~_ ~~ ~
Mike Deutz approached the Commissioners. He stated that he re~ntly p~ha'sed the home from Mark
and Jackie MoVus. He purchased the home with the intent of tt~~r`ng x1~x spa~e to expand the car wash and
office facility from the adjoining property. Since that will tak ~'me~Qeu`~~ated he would like approval to
~
rent the home out in the meantime. ~ ~,~ ~ ~~ ~
With no one wishing to speak, the Rubli~ portion o~ ~~~t~~was closed.
McDonald questioned Weyrens as to the inte~~ of the~Qrdin~nce relating to the majority of the area being
redeveloped as commercial and what percenta~~~is us~d to determine majority. Weyrens stated that
there is not a specific percentage defined by Ordii~~~ rather each block is looked at individually.
According to McDonald, the intent of the Ordinance is vague due to no defined boundaries.
~ ~ ~ ~~ ~ ~~~~~
Wick stated that he would like to<~ this Interim Use Permit be approved for a period of two years rather
than three based on his desir to e~~ind the commercial use of the adjoining lot. Rieke questioned why
they should be limited to finr~`ye~rs wh~;by Ordinance, they are ailowed three years. Meyer agreed with
Rieke. McDonald stated tf~ ~~~ity wants this area to be used as commercial rather than residential.
The Interim Use Perm'~t allows e City to give owners an incentive to convert to commercial. Deutz spoke
to the Commissioners ~~#~~tate s. `at he does not want to be held to a lesser timeframe than others who
have applied for these I~t~rn'n~~i'se Permits. He stated that they do plan to develop in the near future;
however, he is<x `~i~e of the fact that there are some outstanding issues with water and sewer that may
delay the pro~~„ ~~~re~ilt, he would like to see the permit issued for a period of three years. ~
pt~ to approve the request for Interim Use Permit to atlow for a non-owner
it in a 61 Zoning District for a period of three years. The motion was seconded
by Wick.
Discussion: McDonald questioned the responses to questions 5 and 6 on the application. Deutz stated
that there are renfa/ properties on both sides of the home, thus it is consistent with the neighboring uses.
McDonald stated that he spoke with representatives from Daniel Funeral Home and they are okay with
fhe granting of fhe Interim Use Permit
The motion passed unanimously.
Deutz resumed his seat.
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Rentai Address:
7'd~ ~E ~DMPi.~s ~s~ ~~f ~',~;E ~33~'9P~3~~ ~3iNJ1fE~ f ~I..~1i/il.~t~c~ t"~,fZ,~°1OR 7'~3 I~ISd~~Et; a ~'~l~
~~e~er ~n~c~rma~i~~
Name ~ 11/j L~ e~Z -~~
-
Address ,- '1~.6 ~D~l 1d--~Y ~~~ ~115'fAlJ "~f,v Sb32 y ~
Pnos~e: ; I
~anager ~rerormation
~ ~ r ~ ~ ~ . . ~ . . ~. .. . . ~ . .
Name S,p.Nt Q ~!'~ ~ ~
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~ ~'1 O ~i 2 . ' ~._'.~ -------- ~__~.____ __.~_`~_='-- ._ _......~ .r~ .--~.__.~. _ '
`~
- --_..-----..___
Is tf~is unit permitted under a~ Interim Use P~rmit? Yes .
~ ~
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Reported Ver~fierl
C~ 1
Nurnber of units licensed
=--___--=
~~ z ; Number of betirooms pe~ unit
. ~ r ~ . . . ~ . .. . .
i ;+~urnber ar kitcnens per unit
-_ ,
;,Z ~ lUur:-tiber of bathr~oms per- uni~ " -
~_J Nwmber of tenant~ per unit
~
a- ~ 1 Og .
Signature of owner or manage~ Date ~
02 ' o? ~ ~~
_~ nature of rent~l h~US;ng ins~ector ~
L~atn
HOUSING, MAINTENANCE AND OCCUPANCY CODE
ORDINANCE NO. 55
CITY OF ST. JOSEPH, MINNES4TA
Property Address: f I~ e 0 t ~~6 ~ ~£ ~(,/
Owner: Iti/t <<~ '~ e.u,~Z
Owner Address: ~'.O 3b~r ~i 3~l S f, ~'pS~C`pl~ n/E ~ ,S"I~,37~1
Manager: ~/,~,~,~ ~
Manager Address: „S',9~,h,t ~
Type of Structure: ~ Single Family ^ Multiple Family ^ Apartment
To the owner, lessee, agent or occupant of the above described premises, pursuant to the authority vested in me by St. Joseph
Code of Ordinances No.55, you and each of you upon whom this order shall be served are hereby ordered within
days to make the following repairs.
_ _ ~ _
J~~ • ~ ~
Failure to comply with this order may be grounds for imposition of a fine up to $1400 d/or suspension or revocation of your
rental license by the St. Joseph City Council. Dated this 2~ day of ~ 20~
RE=INSPECTION DATE
St. J eph ental Housing Inspector
COMPLIANCE DATE 2- Z L- GQ~ 3-363-7201
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