HomeMy WebLinkAbout[04d] Interim Use Permit - Luverne Harris 201 Minnesota Street ECIT1 OF r r.,1ck;M;rti
MEETING DATE:
Council Agenda Item
June 19, 2008
AGENDA ITEM: Interim Use Permit -Accept the recommendation of
the Planning Commission issuing a conditional Interim Use Permit to Luverne Harris, 201 Minnesota
Street East.
SUBMITTED BY:
Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended issuance of the Interim Use Permit with attached contingencies.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: See Planning Commission Request for action for detail.
The Planning Commission conducted the public hearing on June 2, 2008. During the public hearing an
email from Roger Buenig was read concerning additional rental in the CORE neighborhoods, and two
residents spoke regarding the use of the property. The property owner admitted that he was renting
without a license during the moratorium period but ceased as soon as he was contacted. The neighbors
that spoke stated that during that time there were issues with tenants parking alongside the alley and
they were concerned that a car repair business was being conducted out of the extra garage. For your
convenience I have attached a copy of the draft minutes.
The Planning Commission added a provision to the findings acknowledging that the property must
conform to the Ordinances and all uses must be in conformance with the R1 Zoning District.
BUDGETJFISCAL IMPACT:
ATTACHMENTS: Resolution of Findings, (PC and proposed Council), minutes of the PC
meeting and the material submitted to the Planning Commission.
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the resolution of
findings granting an Interim Use Permit to Luverne Harris, 201 Minnesota Street West.
Resolution of finding
The request of Laverne Harris for an Interim Use Permit request came before the Planning Commission at a public
hearing held on June 2, 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 9 81ock 1 Loso's 4`h 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 201 Minnesota Street E.
St.loseph 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. In addition,
The request for Interim Use has been submitted by Laverne Harris, 201 Minnesota Street E, St. Joseph MN 56374.
Notice of this matter was duly served and published.
Inconsideration 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 City Council makes the following recommendation:
Approval of the Interim Use Permit to allow an owner occupied rental unit in a Ri 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.
5. The property owner has been notified that the property is zoned R1 and the accessory buildings
cannot be used for a business unless specifically identified in the Ordinance. The property cannot be
used as a repair shop. Further, the City will enforce the parking and weed control.
ATTEST
AI Rassier, Mayor
Judy Weyrens, Administrator
Resolution of finding
The request of Laverne Harris for an Interim Use Permit request came before the Planning Commission at a public
hearing held on June 2, 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 9 Block 1 Loso's 4`h 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 201 Minnesota Street E.
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 roomts) 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. In addition,
The request for Interim Use has been submitted by Laverne Harris, 201 Minnesota Street E, 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.losenh 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 Ri 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.
5. The property owner has been notified that the property is zoned R1 and the accessory buildings
cannot be used for a business unless specifically identified in the Ordinance. The property cannot be
used as a repair shop. Further, the City will enforce the parking and weed control.
ATTEST
Sr. Kathleen Kalinowski, Planning Commission Chair
Judy Weyrens, Administrator
June 2, 2008
Page 1 of 3
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Monday, June 2, 2008 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair Kathleen Kalinowski, Commissioners Ross Rieke, Mike McDonald, Mike Deutz,
Mark Andersen and Dale Wick, City Administrator Judy Weyrens
Others Present: Margy Hughes, Paula Revier, Kara Hennes, Thomasette Schuler, Bill Fahraey, Katherine
Kraft, Tom Klein, Jeanette & Robert Pfannenstein, Joyce Stock
Agenda: Deutz made a motion to approve the agenda as presented. The motion was seconded by
Andersen and passed unanimously.
Minutes: Wick made a motion to approve the minutes of May 5, 2008. The motion was seconded by
McDonald and passed unanimously.
Public Hearin4 -Interim Use Permit 201 Minnesota Street E: Kalinowski opened the public hearing and
stated that 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 8 Block 1, Loso's
4'" Addition.
St. Joseoh Code of Ordinances 52 27 subd 5 allows for an Interim Use Permit as follows: 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 ownedowners must provide a copy of a recorded deed or recorded contract
for deed. A purchase agreement will not be accepted as evidence of ownership.
Laverne Harris, 201 Minnesota Street E, St. Joseph, MN-56374 has submitted the request for Interim
Use.
Jeanette "Nettie"Pfannenstein, 208 E Ash Street, approached the Commissioners representing the
neighbors that were unable to make it to the hearing. She Stated that Mr. Harris was using the property as
rental during the rental moratorium period and the number of tenants exceeded what would have been
allowed if a moratorium was not in puce. Pfannenstein clarified that her understanding of the Ordinance
is that the property owner can only have two tenants in an R1 Zoning District and she expressed concern
that Mr. Harris might exceed this provision. She also addressed her concern about the large shed on the
property, being turned into a cac repair shop: In the past, it appeared that he was repairing old cars and
City Ordinance does not allow for him to perform car repairs in a R1 Zoning District. While Mr. Harris was
renting without a license there were issues with cars parking along the alley reducing the right of way.
She would like to have him made aware of the permitted parking areas. Pfannenstein stated that she
understands that the taxpayers have no control over the issuance of the Interim Use Permit; however,
she would like to make sure that Mr. Harris adheres to all City Ordinances.
Laverne °Vern"Hams, 201,E`Minnesota Street, appeared before the Commissioners as the property
owner requesting the Interim Use Permit. McDonald questioned Harris as to how long he has lived at the
property. Harris replied that he purchased the home on October 31, 2007. Weyrens questioned Harris as
to the concern of Pfannenstein regarding the garage being used for a car repair business. Harris stated
that he does not now, nor does he plan to operate a car repair business out of that garage. He did state
that he would like to have a woodworking shop in the garage.
McDonald questioned the size of the house to which Mr. Harris replied that there are 4 bedrooms, 2
bathrooms, family room, dining room, sunroom, kitchen along with a full attic and a full basement.
Kalinowski addressed the rental issue and questioned if he had tenants prior to applying for the Interim
Use Permit. Harris stated that he did, at one time, have up to four tenants living in the home with him.
Kalinowski clarified that he was operating a rental without a rental license. Wick stated that a compliance
June 2, 2008
Page 2 of 3
order was sent to Mr. Harris notifying him that he was unable to rent without a license. Wick questioned
whether he has enough parking to which Harris replied that there is ample parking with the garage and
driveway.
Roger Beuning, 120 Minnesota Street E, submitted a comment via email which was read by Weyrens. In
his email, Beuning addressed the frustrations of the neighbors regarding the rental saturation in their R-1
neighborhood. He asked that, if the City is going to allow numerous rental properties, that they enforce
the City's Ordinances regarding the following:
• Lawn mowing
• Snow removal
• Parking
• Noise/Behavioral issues
• Number of tenants allowed at a rental property
General neatness
He questioned whether they, as taxpayers, have rights similar to those in the rental properties.
Joyce Stock, 220 Ash Street E, approached the Commissioners and stated that the letter written by Mr.
Beuning was excellent and she agrees with the content. She stated that she would like the City to make
Harris aware that there are no differences between a renter and a permanent house guest.
The public hearing was closed at 7:15 p.m.
Deutz stated that this property was brought before the Commissioners at an earlier meeting at which they
discussed a lot split. He questioned whether Harris purchased the entire area or just the lot on which the
house sits. Weyrens stated that the records indicate-that he only purchased the lot with the house. The
remaining lot is a buildable lot which is still advertised #or-sale.
Andersen questioned Weyrens as to the number of Interim Use Permits in this area. Weyrens stated that
she was unsure of the number of Interim Use Permits; however, she stated that there are several other
rental properties in the area.
Deutz questioned howthe issue of rental saturation was addressed in the amended Ordinance. Weyrens
replied that the issue of rental saturation was not specifically addressed; however, to apply for an Interim
Use permit, the owner(s) must now be 100% owners.
Weyrens advised`the Commissioners that the findings recommending approval of the City Council could
be amended to include a provision acknowledging that only permitted home occupations are allowed in
an R1 Zoning District. This provision would provide documentation that the operation of a car repair
business is not permitted.
McDonald stated that as he understands there are two issues before the Commission, with one being
enforcement of current Ordinances and the second rights of homeowners to operate an owner occupied
rental in an R1 Zoning District.
Weyrens stated that the City has been enforcing Ordinances. For example, recently 130+ notices were
sent to property owners notifying them to cut the weeds in their yards. Rieke stated that all violations
should be enforced.
McDonald made a motion to authorize the Planning Commission Chair and the City Administrator
to execute the Resolution recommending Council approval for the issuance of an Interim Use
Permit to Laverne Harris to operate an owner occupied rental unit at 201 Minnesota Street E with
the following contingency:
The property owner has been notified that the property is Zoned R1 and the accessory buildings
cannot be used for a business unless specifically identified in the Ordinance. The property cannot
be used as a repair shop. Further, the City will enforce the parking and weed control.
June 2, 2008
Page 3 of 3
The motion was seconded by Deutz and passed unanimously.
Ordinance Amendment 52.08 Non Conforming Use: Weyrens stated that the Planning Commission has
been discussing the draft amendment for the past months and the final draft is ready for consideration by
the Planning Commission.
McDonald advised the Commissioners that he Looked at the draft amendment and had some suggestions:
• Subd. 2: McDonald suggested that Subd. 2 be left in its original format. The proposed
amendment adds language for the reconstruction which in his opinion should be left for Subd. 8.
That subdivision is labeled Reconstruction. Weyrens stated that until recently a non conforming
use could not continue if the structure was destroyed beyond 50%. Based on the new State Law
a non conforming use can continue under two different situations: 1) the use does not cease for a
period of one year and 2) an event that destroyed a structure beyond 50% can be reconstructed
provided a building permit is secured within 180 days of the event. Therefore, section 2 must be
modified to describe the two provisions.
• Subd. 8: McDonald stated that the intent of the amendment was to add the provision that a
building permit must be applied for within 180 days of the event if the structure is destroyed more
than 50%. The proposed amendment is not clear and he would like this section amended.
Deutz stated that in his opinion the Ordinance is argumentative and limited application in St. Joseph and
many of the non-conforming structures are lower valued structures.
Wick made a motion to table the amendment to Ordinance 52.08 Non Conforming Use until the
July 7 meeting. The motion was seconded by McDonald and passed unanimously.
Adiourn: The meeting was adjourned at 7:45 p.m. by consensus.
Judy Weyrens
Administrator
Planning Commission Agenda Item '1
rrr, uF ~ r. ~~xwrN
MEETING DATE: June 2, 2008
AGENDA ITEM: Public Hearing, Interim Use Permit
Laverne Harris, 201 Minnesota Street East
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
granting an Interim Use Permit to Laverne Harris allowing an owner occupied rental unit at 201
Minnesota Street East with a maximum density of two tenants.
PREVIOUS PLANNING COMMISSION ACTION:
BACKGROUND INFORMATION: Late in 2007, during the moratorium period Mr. Harris was site for
renting without a license. The matter was turned over to the St. Joseph Police Department and Harris
voluntarily removed his tenants. At this time Harris is making application for an Interim Use Permit to
allow an owner occupied rental unit at 201 East MN Street. The City Office has received verification
with a recorded deed that Harris is 10096 owner of the property via a contract for deed. The City
Attorney has reviewed the document as well and concurred that he meets the ownership requirement.
The maximum density allowed in an R1 Zoning District for an owner occupied rental unit is two other
than the owner. Before the rental license is issued the property owner will be required to complete the
rental housing inspection process. The applicants have the choice of completing the inspection before
the hearing or after the Council makes a final determination.
ATTACHMENTS: Hearing Notice; Application; Recorded Deed, 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
Laverne Harris to operate an owner occupied rental unit at 201 Minnesota Street East.
~ CITY 01= ST. OS~PH
1
wwv~~.cityofstjoseph com
Public Hearing
City of St. Joseph
The St. Joseph Planning Commission shall conduct a public hearing on Monday, June 2, 2008 at 7:00
Administrator PM. The purpose of the hearing is to consider an Interim Use permit to allow an owner occupied
rental in an R-l Single-Family zoning district. The property is legally described as Lot 9 Block 1,
~udy V(~eyrens Loso's 4`s Addition.
St. Joseuh Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows: Residential
Mayor rental provided the unit is owner occupied and provided the room(s) rented does not contain separate
AI Rassier 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
Councilors determining ownership, the owner/owners must provide a copy of a recorded deed or recorded
Steve Frank contract for deed. A purchase agreement will not be accepted as evidence of ownership.
Rick Schultz
Renee Symanietz Laverne Harris, 201 Minnesota Street E, St. Joseph, MN 56374 has submitted the request for Interim
Dale U'/ick Use.
Judy Weyrens
Administrator
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201 Minnesota Street E
z5 College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374
Phone 3zo.363.7zoi Fax 3zo.36;.o34z
APPLICATION FOR INTERIM USE PERMIT
CITY OF ST. JOSEPH
25 College Avenue NW Fee $ { r ~ iU
P. O. Box 668 Paid 5 "~ "V
St. Joseph, MN 56374 Receipt #
(320)363-7201 or Fax (320)363-0342 Date
STATE OF MINNESOTA )
)ss
COUNTY OFSTEARNS) c
NAME: I_,. CL S ..P ~ ~ .~ 1~ e~Y ~ - S PHONE: ~n1C) - ~ t;"' ~ - /r! s
ADDRESS: ~ 'J j f< .~1 r ~t1 ~~~}- ~ ~..C iN N~ i4.1~ `iG ~ '? y
I/We, 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 all ordinance
requirements):
1. Appplication is hereby made for Interim Use Permit to conduct the following: i`C~fs ~ {~-..e h..~,_~ ~ ~ u-.ef
I.r'~.fi~4s'Nb-.° l
2. Legal description of land to be affected by application, includi~~ttg acreage or square footage of land involved, and street address, if
any (attach additional sheet if necessary): ?_ ~} Ci 1'S (c? ~ ft l tf i~ ~,.j ~ • ~ ~, ~_,
3. Present zoning of the above described property is: ~ " ~
4. Name and address of the present owner of the above described property is: Lem \~.F.. ra a 1-~c~•Y r < S =,1e,~•f F i~L.' n ~,
5. ]s the proposed use compatible with present an~dyfuture land uses of the area? Pleaise explain: ~~,..,,r,,,•..,, twv•.~.
~1~a3a«: `~._A~ i E'S•i'A ~~~"~w.... ..>.:~s~.,..i \~~i• ~ A-+~d1~ ~°~Oiw Wt ...~.. i°`i r°~t C~`+'«a~ L Q+~
6. Will the proposed use depreciate the areaJin which it is proposed? Please ex~pylain: _,~t{. t/~C~ /+,T~l -G~... ~ ~(~~,,,,~..,2~. ,' -~ +,.`
' ,ct'~-Jha:~.~-Z e5; my.r/ /r.G/i:. t, ~1 GSC-'~ $.f~®rYi rwC CI"'•K'T'- ri 'r(s r-i,~'~.p i".~ ~ G/`~
~e.r-i-: -~ a, ror,w [sue Lu K,. +. ~a-~I /~x:.r//~d r_ •tt tno.--. ~.~..:~. r /« cl
7. Can the proposed use be accommodated with existing City service without overburdening the system? Explain:
8. Are local streets capable of handling traffjc which is generated by the proposed use? Please explain: \rx~S ~ ~r?Q=..:/.~ ,
r = ~-~ ' ~-~^tri ~ ~-~r- 1~~"%'fl!-L ~tli_', •'~--r~r YLrlcid' ~, `~"l. r ~.. C;."
E ~iA ~'~
Attached to this application and made a part thereof are other material submission data requirements, as indicated.
Applicant Signature: r° Date:
e, ,~
OwnerSignature• ,/l'~`5~ ~i? Date: ~ "" ~ ~~-' e~
FOR OFFICE USE ONLY
DATE APPLICATION SUBMITTED:
DATE APPL]CATION COMPLETE:
Planning Commission Action: Recommend Approval _ Recommend Disapproval Date of Action
Date Applicant/Property Uwner 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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NCB DEi_1NuiJF!*1T Tl;XES AhG
TRANaFEF FfVTEFi~G
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O>;F'~CE OF COUNTY RECORDER
STEARNS000hfT1',MINNESDTA ~.-
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Certified, Filed, and/or Recorded on
!i-i'11-201:7 at C2:58 PM ~~
DIANE GRUNDHOEFER
STEARNS COUNTY RECORDER
r '~" 54-M-Cootract For Dced zr+t~+d~..ro Aa- ~ S:. P«e. 7,17t 69(-69Y-19%%
individual Seller (Top 3 inches Reserved for Rewrding Data) Minnesota L}niform Conveyancing Blanks (2000)
Date: Nnvemhet 1, 2(107
THIS CONTRACT FOR DEED ("the Contract") is made on the above date by SeslT*+ty Aanlr Rr Trugt f'nmt~r~nv_ .
as Truste.~nf the Williard C'rnhman Revocs+hlP Tntet dat A Fehry~ar~~~ 19_ 47 s++ ua+?ivict-ai ~,lralf (it?,~ intt ;
Seller (whether ana or more), and I,aVerne~. Htirr7R ,
Purchaser (whether one or more) (check bo ~ ~ if joint tenancy).
Seller and Purchaser agree to the following terms;
I. PROPER'T'Y DESCRLPTI02Q. Seller hereby sells, and Purchaser hereby buys, real property in
4tearn~ County, Mimiesota, described as follows:
see attached legal description
'"and Security Battk`dt Trust, Company, as Trustee of the Ruse S. (3ohman Revocable Treat datr7d February 26,1947,
an ttndivitk+d or~a-half (1/2} intea~eat
together with all hereditaments and appurtenances belonging thereto (,"the Property"). Unless otherwise specified,
Seller hereby delivers possession of the Property to Purchaser on the date hereof.
Seller check applicable box:
® The Seller certifies that the seller does not know of any wells on the described real property.
^ A well disclosure certificate accompanies this document.
I am familiar with the property described in this instrument and I certify that the status and number of wells on
the described real property have not changed since the last previously filed well disclosure certificate.
2. TITLE. Seller warrants that title to the Property is, on the date of this Contract, subject only to the following
exceptions:
(a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations ofrecord, if any;
(b) Reservations of minerals or mineral rights by the State of Minnesota, if any;
(c) Utility and drainage easements which do not interfere with present improvements;
(d) Applicable laws, ordinances and regulations;
(e) The lien of real. estate taxes and installments of special assessments which are payable by Purchaser pursuant
to paragraph 6 of this Contract; and
(f) The following liens or ettctumbranees:
None
s. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser's full performance of this Contract,
Seller shall:
(a) Execute, acknowledge and deliver to Purchaser a _. Sn,cteec i.imited Warranty
Deed, in recordable form, conveying marketable title to the Property to Purchaser, subject only to the
following exceptions:
(i) Those exceptions referred to in paragraph 2{a), {b), (c), (d) cud. (e) of this Contract;
(ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created, suffered or permitted
io accrue after the date of this Contract; and
(iii) The following liens or encumbrances:
None
(b) Deliver to Purchaser the abstract of title to the Properly, without further extension, to the extent required by
the purchase agreement (i£ any) between Seller and Purchaser.
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Disclaimer: 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 offices, and is to be used for reference purposes only,
https: //portal. sehinc, com/sehsvc/html/dvo/mapLayout.htm 5/21 /2008