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Home My WebLink About[11b] IU Permit - Tom Dullinger, 34 College Avenue N~EF~~~~ ~~~~~,~~~ Council Agenda Item 11 b MEETING DATE: March 20, 2008 AGENDA iTEM: lnterim Use Permit - Tom Dulliinger, 34 Coilege Ave N SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on March 3, 2008 to consider the issuance of a non-owner occupied rental at 34 College Avenue North. BACKGROUND INFORMATION: See Planning Commission Request Form. As stated above, the Planning Commission conducted a public hearing on March 3, 2008. One person was present that spoke at the public hearing. His comments were related to the impact to his property of the Millstream Shops and Lofts 2"d Phase. Tom Dullinger has purchased the property and will be renting the same to his son. Dullinger is aware the property is in transition to cammercial and purchased the same for that reason. As you may recall the Business Zoning Regulations (61 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, rati~edby the City Council, has issued Interim Use Permits in the Business Zoning District for a period of three years, ` renewable for an additional threeyears. The three years wifl 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 informatian was presented to the Planning Commission. ATTACHMENTS: 1) Resolution of Finding; 2) P{anning Commission Request Form; 3) Public Hearing Notice; 4) Application; 5) Vicinity Map; 6) Extract of PC Minutes; 7) Area Land Use Maps. REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Resolution of Findings, issuing an Interim Use Permit to Tom Dullinger to operate a non-owner occupied rental at 35College Avenue North. ° (NOTE: The draft -unedited minutes are those which are drafted by Sarah and ! have not yet reviewed for correction. Therefore the minutes will change before the Planning Commission receives them. 1 have sent them out in this format so the Council has an opportunity to see the action that happened at the PC meeting. J Resolution of finding The request of Tom Dullinger for an Interim Use Permit request came before the Planning Commission at a public hearing heid 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 Business Zoning District. The property is legally described as Lot 1 Block 10; N 64' of Lots 1-2 & 3, Block 10 Original Townsite, located at 35 College Avenue No. St Joseph Code of Ordinances 52.32 Subd. 12(a) s#ates: 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. The request for Interim Use has been submitted by Tom Dullinger; 919 College Avenue N; 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. Joseah 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 renta( unit in a Business 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 conversion 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 lnspector AITEST Judy Weyrens, Administrator Alan Rassier, Mayor Planning Commission Agenda Item March 3, 2008 AGENDA 1TEM: Public Hearing, interim Use 34 College Avenue North Tom Dullinger SUBMITTED BY: Administration STAFF RECOMMENDATION: Issue an Interim lJse Permit allowing the conditional rental license. PREVIOUS PLANNII~G COMMISSION ACTION: In 2006 the City amended portions of the Zoning Ordinance. One of the amendments changed how rental units are licensed in the B1, Central Business District. Prior to the amendment, rental was only allowed if 50% of the building was used commercially. The amendment now allows rental in Bl 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 additional three years or until the majority of the neighborhood has transitioned to commercial use - whichever comes first. Since the Ordinance has been amended two-Interim Use Permits have been issued. One of the permits is on College Avenue Norfh 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 consistent with the findings of the two prior interim use permits issued. Before the rental certificate can be issued the property owner is required to complete the rental lieense process which includes an annual inspeetion. We do nt~t require the inspeetion to be completed befbre 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 Tom Dullinger to operate a rental property in a B1 Zoning District with the sited conditions CIT~ OF ST. OS~PH . 1 WWw: cityof stjoseph.com Public Hearing City of St. Joseph The St. Joseph Planning Commission sha11 conducYapublic hearing on Monday, March 3, 2008 at 7:10 PM. The putpase of the hearing is to consider an Interim Use permit to allow a non owner occupied rental at 34 College Avenue N, legally described as Lot 1 ~udy V(/eyrens $lock 10 N64' of Lots 1-Z & 3, Block 10. Administrator St Jos~l~ Code of Ordinances 52.32 Subd. 12: Interim Use Permit for Rental Units. a) Residential units in areas tl~at have been rezoned to cominercial from residential shall , iVlayor be allowed an interim use perrnit as a rental unit for a specific period of time. The AI Rass;er 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. Counci~ors Steve Frank Tom Dullinger, 919 College A~enue S, St. Joseph; MN 56374 has submitted the request Rick Schultz for Interim Use. Renee Symanietz Judy Weyrens Dale ~~ck Administrator 3 ~~ ~ ,~ 3~ ~`~ ,~,..,~;~ii 4 ~ ~~' zs Col-lege Avenue North ~ PO BoX 668 • Saint ~oseph, Minnesota 56374 Phone 320.363.72oi FaX 3zo.363.o34z 1 /23/08 To whom thi~ may concern; Rose May~r (who is rny wife's Aunt} has Iived at 34 Colleg~ A~e North, St Joseph for over 30 y~ars and now has moved in with her daughter in Bloon~ington, MN. because of health problems (she i~ almost 9~ years old). My wife and I talked with her daugh~er Kathy about the potential ta buy her house since we have a son who would like to - live in a home rather than renting an apartment as he is dving now. Kathy informed us that her Mother would be very happy to have us purchase her home. ~Ve anticipate cl4sing on or around lUlay 1, 2008. Dur son Greg plans on living in tl~is horne for as long as the city will allow Greg will be 23 ye~.rs ol~ in April and has full time employment at Woodcr~ft Industries in St. Cloud. His pastunes are playing softball in the summer, football in the fall and snowmobile in the winter. We would lil~e to see the city give us permission to use this hom~ as I have described. My wife and I live on College Ave. South, so we will be ciose to thi.s house to keep watch on it. Hou~ever, I know Greg is going to take care of the hot~se and yard very welL Thanks far your consideration. ----__- ~~~~ ~ ~ APPLICATION FOR INTERIM USE PERMIT CITY OF ST. JOSEPIi 25 College Avenue NW Fee ~ P. O. Box 668 Pa~a St. 7oseph~ MN 56374 xeceipt # (320)363-7201 or Fax (320)363-0342 vate STATE OF MINNESOTA ) )ss COUNTY OFSTEARNS) NAME: ,~`~ ~v~~1Y~G~~ PHONE: ~~b~ ' V laG.~ ~ ~ . .~ .. .........r.~._ ~ I 1~ ~ l .~'\~'.~ /.~O ~~NQ ~~1\1 l~ ~ ~~~. I.LuS~ I/We, the undersigned, hereby make the following applicadon to the City Council and Planning Commmission of the City of St. Joseph; Stearns County, Minnesota. (Applicanu have the responsibility of checking all applicable ordinances pertaining to their application and complying with ail ordinance requirements): l: Ap lication i hereby ade for Interim Use Fermit to conduct the following: ~~ G.. y, \ Y~Q~ ~~, ~ L V'~._ ~Q 2. Le~al description of land to be affected by application, including acreage or squaze footage of land involved; and street address; if any (attach additional sheet if necessary): L 3. Present zoning of the above described property is: ~'~f`r1'M'e`r ~~ 4. Naz e and addreSs of the present owner of the ab~ve dsscribed rope is: ~- ' ~ g ~. • 5. Is the proposed use compatible with present and future land uses of the azea? Please explain: ~l ~ C~. 1~ ~ .~ _ va ~ 6. Will the proposed use depreciate the area in which it is proposed? Please explain: ~ C~ 7. Can the proposed use be accommodated with existing City service witltout ovetburdening the system? Explain: ~( -~t!'~ _ ~ `A~ 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: ,p t^~n 1 ~.J.].C_ _ Attached to t6is application and made a p rCthereof are other material submission data requirements, as indicated. Applicant Signature: • Date: Owner 8ignature: Date: R OFFICE USE ONLY DATE APPLICATION SUBMITTED: DATE APPLICATION COMPLETE: Planning Commission Action: Recommend Approval Recommend Disapproval Date of Action Date ApplicantlProperty Owner notified of Planning Commission Action: City Council Action: Approved Disapproved Date of Action Date ApplicanUProperty Owner notified of CiTy Council Action`. 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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:Uportal.sehinc.com/dataView/mapLayout.htm 2/11 /200F Extract of March 3, 2008 Draft (unedited) Planning Commission Meeting Public Hearing interim Use Permit - 34 Colleqe Avenue N: Weyrens stated that the purpose of the hearing was to consider an Interim Use Permit to allow a non-owner occupied rental at 34 College Avenue N, legally described as Lot 1, Block 10 N64' of Lots 1-2 & 3, Block 10, Townsite of St. Joseph. St Joseph Code of Ordinances 52.32 Subd. 12: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commerciat 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 alloanred in the R1, Single Family Residential District. ~~~~~: ~ °~~ ~~~ The request fo~ lnterim Use was submitted by Tom Dullinger. ~~,,~ ~~~ ~ . ~~~ ~' ~ Weyrens stated that this situation is very similar to the request of Student Hous~r~~~L x< ._, ~~ ~¢ ~A ~~ Kalinowski opened the Public Hearing. =~~~ ~`~ Tom Dullinger approached the Commissioners and stated that they purch~ed the~`ome from his wife's aunt who recently moved to live with her daughter. They plan to ha~e'~~~i~ sb~l~a~e in the home. ~~ `~< ~~z~ . . :.'t'`. 4~ . Tony Pelzer, owner 22 E Ash Street, stated that he has been,,c~intac~~i se~`eral times by the developer ~ ~~~ looking to develop Phase 2 of ~the~ Millstream Shops and Lo~ W~.~ren~ated that they do not yet have approval fiar any future phases. She added that the futur~dev~~pmet~t of that area could affect the length ~ ofi the lnterim Use Permit. ~~< °~=~ ~ h 2; ~~~,,~, _` ~, ~° ~ ,s,~~x,r„~. With no further comments, the public portion of th~~earrng was ~closed. ~ '~. ~,: ~~~ ' Deutz stated that the conversion of the Centra('~sines~ District to commercial has stalled with ~ redevelopment. ~ ~ '~~~~~ ~ ~ ~ ~ ~ Rieke made a motion to approvea ~he req~st for Interim Use Permit to allow for a non-owner occupied rental unit in a B1 Z~~g District for a period of three years. The motion was seconded ~ by Meyer. ~~~~~ ~~~~r ' ~~r` Discussion: Wick stated tha~~e,~~concerned abouf the three year permit due to the fact that the majority of this block is already,~comme`~r~~l. Meyer added that the rest of fhe block is not going to develop ~ overnight and added tl~~~~ on~'~~bt certainty wouldn't develop by itself. Deutz added that those ~ purchasing homes -n thi~~r~~"re not purchasing them to be a soarce of cash flow. 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