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Home My WebLink About[06] Interim Use Permit, Keith Eisenschenk, 1306 Iris Lanecrrv c~ rrr. u~rH Council Agenda Item MEETING DATE: July 17, 2008 AGENDA ITEM: Interim Use Permit, Keith Eisenschenk SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Unanimously voted to recommend the Council deny the request for an Interim Use Permit to allow an owner occupied rental at 1306 Iris lane. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The Planning Commission has recommended denial as the property owner was not present to answer questions and clarify the contents of the application. The application indicated that cars for the tenants would not be parked on the street and pictures of the property indicated the opposite. In addition some of the Planning Commission members have seen the property and view the same. The property also is in violation of the outdoor storage and weed Ordinances. Pictures of the property illustrated that a boat is parked on the front yard on the grass. The Ordinance requires boats that are parked in the front yard to be on a hard surface, of which grass is not. The pictures also illustrate that a snow mobile is parking on the side yard, not a trailer, which is required by Ordinance. The property is also in violation of the weed Ordinance as the grass exceeds the maximum height allowed. A notice was mailed to the property owner. The Planning Commission has also expressed concern as to whether or not the property owner was residing at the residence. Without the property present the questions could not be answered, therefore, the Planning Commission recommended denial. The motion included a provision that would require the tenants to be removed no later than September 1, 2008. The Panning Commission discussed whether or not to table the matter or deny based on the absence of the property owner. Two factors were involved, first the property owner did take the initiative on his own behalf to secure an Interim Use Permit and when he did complete the paperwork he did not show up for the public hearing. Secondly, the Planning Commission is a recommending body to the Council and the property owner has the right to request reconsideration. Therefore, the if extenuating circumstances existed as to why the applicant could not attend the meeting or he requested reconsideration the Council could send the matter back to the Planning Commission. ACTIONS SINCE PLANNING COMMISSION MEETING: The morning after the Planning Commission meeting the father of Keith called me to make arrangements to meet with me. Please see the phone log for details. As of this memo, the property has been cleaned up considerable. The grass has been cut, the boat, snowmobile and basketball device have all been moved. The Police Chief has verified that property has changed significantly to the positive since July 7. Eisenschenk has also indicated that he will be re-landscaping the yard within the next three weeks. BUDGET/FISCAL IMPACT: ATTACHMENTS: Notice to Keith Eisenschenk, Planning Commission RPA, Application for Interim Use, Hearing Notice, Vicinity Map, Proof of Ownership, Weed Notice, Phone Logs (3), July 7 pictures of property. REQUESTED COUNCIL ACTION: The Council has the following options: 1) Accept the recommendation and deny the application for Interim Use based on the findings of the Planning Commission. If the applicant wished to secure a rental license he would have to make a new application including paying the fees. 2) Since the property owner has cleaned up the property and realized that he should have been at the Planning Commission meeting, the Council could refer the matter back to the Planning Commission. 3) The Council could approve the Interim Use Permit. . ~ CITY OF ST. OS~PH wvuvo. cityof stjoseph.com July 10, 2008 Keith Eisenschenk Administrator 1306 Iris Lane ~udy ~Ueyrens St. Joseph MN 56374 RE: Interim Use Permit Mayor Dear Keith: AI Rassier On July 7, 2008 the Planning Commission considered your application requesting an Interim Councilors Use Permit to allow an owner occupied rental at the address above. Please let this service as Steve Frank notice that the Planning Commission will be recommending denial of the Interim Use Permit Rick Schultz at the July 17, 2008 City Council meeting. The recommendation for denial is based on the Renee Symanietz following: Dale Wick 1. Based on pictures of the property stated above, the use of the property is inconsistent with the application submitted. For example, the application stated that cars will not be parked on the street; they would all be in the driveway. Based on evidence, cars are consistently parked on the street. Since the applicant was not present, the Commission could not ask questions to clarify this matter. 2. Based on pictures of the property, you are in violation of the Outdoor Storage Ordinance. The pictures indicate a boat is parked in the front lawn, a snow mobile is on the side and a portable basketball hoop is in the boulevard. Again, without the applicant present, questions could not be asked. 3. The property is in violation of the Weed Ordinance, as the grass is over the maximum height allowed. 4. The Planning Commission has questions as to whether or not you reside at this property and without you present they could not ask the needed questions. The Planning Commission discussed the intent of the Ordinance requiring the property owner to reside at the dwelling that is being rented is blend the rental units within the neighborhood. When the property owner resides at the property, the property is typically managed better, such as lawn care and property appearance. It was concerning to the Planning Commission that the property stated above does not meet the Ordinance Standards. Therefore, the Planning Commission has recommended the Council deny your application to operate an owner occupied rental at 1306 Iris Lane. The recommendation for denial includes z5 College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374 Phone 3zo.363.72oi Fax 3zo.363.o34t Keith Eisenschenk July 10, 2008 Page - 2 - a provision that requires all tenants be removed no later than September 1, 2008. If the matter is not resolved the City will use all legal remedies available, both Civil and Criminal to resolve the matter. The recommendation will be presented to the Council for the July 17, 2008 Council meeting. At this meeting will have an opportunity to approach the Council if you feel there are extenuating circumstances that would warrant reconsideration. If you have any questions or need additional information please feel free to contact me at 320-363- 7201. Sincerely, CITY OF ST. JOSEPH ~~ ~~s ud We rens dmi istrator T~~ c[rv o~ s•r. ~r~M rn Planning Commission Agenda Item MEETING DATE: July 7, 2008 AGENDA ITEM: Public Hearing, Interim Use Permit Keith Eisenschenk, 1306 Iris Lane SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Keith Eisenschenk allowing an owner occupied rental unit at 1306 Iris Lane with a maximum density of two tenants. The approval is contingent upon the property meeting the Ordinance regarding the grass height within seven days of the PC meeting. If the property is not, the recommendation to the Council will be denial, giving Eisenschenk six months to have the tenants removed. If the property is cleaned up prior to the Planning Commission meeting, the recommendation would be approval. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The City Offices received a call regarding an alleged rental until at 1306 Jasmine Lane. Upon investigation it was determined that the property was being utilized as a rental. The property owner admitted that he was renting to three others and questioned if he could rent the property to someone who is interested in rent to own. I told him that the only way that works is through a recorded contract for deed. He has since made application for an owner occupied rental and stated that he will be residing at the residence. I have also included a copy of a weed notice that was sent to this same property in July. The weed notice is for grass that exceeds the maximum height allowed by Ordinance. Staff will check prior to the meeting on Monday evening to make sure he has taken care of the matter. ATTACHMENTS: Hearing Notice; Application; Recorded Deed, Resolution of Findings; Vicinity Map; Weed Notice, Phone Log REQUESTED PLANNING COMMISSION ACTION: Staff has provided two resolutions Authorize the Planning Commission Chair and Administrator to execute the Resolution recommending the Council issue an Interim Use Permit to Keith Eisenschenck to operate an owner occupied rental unit at 1306 Iris Lane. The difference between the two resolutions is the condition of the property. J~ ~~ ~. ,, 1 ~.~ ~~. APPLICATION FOR INTERIM USE PERMIT CITY OF ST. JOSEPH 25 College Avenue NW P. O. Box 668 St. Joseph, MN 56374 (320)363-7201 or Fax (320)363-0342 STATE OF MINNESOTA ) Fee $ Paid Receipt # Date }gs COUNTY OF STEARNS) _ 1 q,~ r _ NAME: 1r~~ t r~ ~ `,~1,'v't~~..; ~ v1 i ~. PHONE• ~ ~ ~ ~ '7 7 ~ L~ ~ ~~ ADDRESS: _ ~ ~ t ~~ 1,.,~1 I/We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Steams County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): 1. Application is hereby made for Interim Use Petmit,to conduct the following: •r-~: t~IT ~L ~ 2. Legal description of land to be affected by app~ation, includin,P acreage or square footage of land involved, and street address, if any (attach additional sheet if necessary): ~~ I (9i ~C wj '~~-t 3. Present zoning of the above described property is: _ 4. Name an address of the present owner of the above described property is: ~ 3a tC. ~ ~ t 5 ~N (~ 5. Is the proposed use compatible with present and future land uses of the area? Please explain: ~f~t I'~;C j-h t yet; __~r]_ C~G.t~Ci~i~lQ 6. Will theproposed use depr i to the ~re which it is proposed? Please explain: N (~ ' ~- ~G.KZ ~c~i'2 ~" 7. Can the proposed use be accommodated with exjsting City service without overburdening the systr;m? Explain: 8. Are local streets capable of handling traffic ~hich is generated by the proposed use? Please explain: ~t ' h. L~ i S ~' Etw tin rr ,' ,~ t;.i T' Attached to this application and made apart thereof are other material submission data requirements, as indicated. f Applicant Signature ~~~ ~ LV" ~ Date: li: -- ( ~? v . p ,A n i i ~ ~ ~.. . Owner Signature: ~'~v~ ~~~!1~.~~"~~-_ Date: } ~ FOR OFFICE USE ONLY DATE APPLICATION SUBMITTED: DATE APPLICATION COMPLETE: Planning Commission Action: Recommend Approval _ Rewmmend Disapproval Date of Action Date Applicant/Property Owner notified of Planning Commission Action: City Council Action: Approved Disapproved Date of Action Date ApplicanUProperty Owner notified of City Council Action: Public Hearing City of St. Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, July 7, 2008 at 7:00 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 2 Block 5, Northland Heights. St. Joseph 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 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. Keith Eisenschenk, 1306 Iris Lane NE, St. Joseph, MN 56374 has submitted the request for Interim Use. Judy Weyrens Administrator Publish: June 27, 2008 9~t3~~ Y942 ~ '1311 1318 +.~er +s'~~ 917 ' ~ f 9331 941 ~ 938 1347,1315"--.1323--.~ i 911 ~' fj ~' 935 ,~" i3~D54,f' 1':-~-'*.'_'T"--,'B,~,Sta~.~-/ ~~7:~ ~ i ~ ~ r 1314 1322 ~ ,''~[r,, 9!D8 ~~~ 1225ati t~,y,,-~'` 131£ 13"18 1328 ' , ~-Y.,.t i_ J~7h~ ~ `924`~s rl+/~'~, ~~`'lr•732~ 13-~,-%,_ 1~.S~o2 ~` a ~ 7 >`' ~y, •'`" ~- 914. .'1317 ~:,,r~` ~;,;,,-~--~ G2't' -;'~.~ `91p'11313`,ff~ ` 1324 ~ i.. ~-,.r '911 S.~ ',1303 -•~~ ~e7'"' 13241328 12'26 ~ ~ - / '~`,~ ``"~--,,1 ..,,.-.--~~,~,~ ~' `1ao ~~~~''` 1306 Iris Lane E :~-~-~ ~~ ~ ~ s_ e~~,~ t llataView(hillne Map Yage 1 of 1 Buffer - 1306 Iris Lane NE 31444 4171 603 613 50.s '. 508 ,514 ! - - - ~--,- i 311c~1 ~ ~~ =!101 +`r ~ -f_ ~~~ '1 :J2r 1113 10. f_~ = l0'JS 1015 -_ 10L_, . ~_ r~! t c q , (`•!4 1002 i 1012 ' -~ ~ 102d ~ 1D30 j-. i.i_ I G45 i ~ {+d4 11003 1010 ~ 1026 ~ 1034 ay 1 i; ~3` L i- - - 1014 . ~- ~_ _ ` ~ _~. ~ ~ ~-~ ' '+40 _~. j 942 ~YI`1311 131A' 132r 1s35 q27 ~ ~ ?2b _N4 1, ~ a33 1307. 1315.>..-1323 _ .1331 1 - ;' g2.0 ~- ~ - - 911 -- 935 _ i 1 s05 ! 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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. https://portal.sehinc.com/sehsvc/html/dvo/mapl_ayout.htm 6/17/2008 06/09/2008 10:02 1-320-685-4021 WILLENBRING LAW PAGE 02102 ~0 ,~~~°~-~ ~~a~ro~ ~ ~ ~~ alo AtiDriDq '~L/TY g~ - ~3~3C~ • ~ ~ 1 o aF cau~,rv R~ccMO~ stFaRn~s couHrr. NMNNE'StJ7A ~ ~ 1208$73 CeAIlleed, ~ andha R«mnlsa on a 113.12-~06 at t0:Z9 AM ~ .. wnr~ cRUtaor+ot;r•~ SPEAR'NS t' Mqf Y RECORD~7 d 9'l'A'f'6 D86D ?AX DUH HLri~pPt ~ Date: Zp ~~ FOR YAWAHLH GON9fD8RATiOH, l+tlmbtr One Dawetapteeant Company, ~, a,1Gta~xided bUabiltt,~r C~ampanp under the taws of Stale ad lbitlr~esata, Or~epptar, hereby eamKya and wa~rrattts bo Huth ]1. 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OS~PH 1 urWw. cityof stjoseph.com Administrator ~udy Weyrens Mayor AI Rassier Councilors Steve Frank Rick Schultz Renee Symanietz Dale U~/ick TO: Keith Eisenschenk 1306 Iris Lane St. Joseph MN 56374 Dear Property Owner: DATE: July 2, 2008 To comply with the Minnesota Statutes 1971, Section 18.271 and St. Joseph City Ordinance, and in effort to keep our City of St. Joseph neat and beautiful, this weed cutting notice is being sent to you concerning your property as described below: 1306 Iris Lane PIN# 84-53736-081 By City Ordinance, it is unlawful to permit any weeds and grasses to exceed the average height of ten (10) inches. The requirement includes the growth on adjacent frontage property to the curb of the traveled roadway, or the center of the street and alley as necessary. This is the only notice you will receive. All weeds and grasses need to be cut BEFORE 5 PM FRIDAY JULY 11, 2008 In the event you are unable to find someone to eradicate your weeds, please contact this office for help in acquiring an operator. However, we encourage you to locate and contract the job on your own terms. In the event that the property is not brought into compliance by the deadline stated above, the eradication work will be performed at the direction of this office and will then be billed at prevailing rates. All bills not paid within thirty (30) days of cutting will be certified to the County Auditor as a special assessment and will be collected as in the case of other special assessments. If you have any questions, or if you believe an error has been made, do not hesitate to contact me at 1-320-363-7201. Your prompt cooperation is greatly appreciated. Sincerely, Randy Torborg, Weed Inspector zs College Avenue North PO Box 668 Phone 3zo.363.7zoi ' Saint ~oseph, Minnesota 56374 Fax 3zo.363.o34z Print Form Phone Log Date Jun 3, 2008 Time 1:30:00 PM Initials JW Last Name Eisenschenk ~ First Name Keith Phone Number ~~ i Call Back Number Otherr --- em ail address Address 1306 Iris Lane City/Zip St. Joseph 56374 {"'Return Call ("' Complaint (: Following up on call (' Inquiry ('~ Other Summary of Keith called inquiring about renting his home with a rent to own agreement. I informed him that the only Conversation way that will work is through a recorded contract for deed. he did not want to do that questioned why. I told him that the City has experienced problems in the past as the homes turn into rental units. I informed Keith that someone has called regarding his property and that is was being used as a rental license. He informed that he was renting to three other adults but thought it was okay since he lived their. I told him that he cannot. Print Form Phone Log Date Jun 4, 2008 Time 10:45:00 AM Initials JW Last Name Eisenschenk ~ First Name Keith Phone Number ~- Call Back Number ~ Otherr ~~~ email address ~~ ~ Address 13061ris Lane :City/Zip ~- ~~ {: Return Call {'.Complaint (" Following up on call {" Inquiry (' Other Summary of Conversation Left a message returning his call. Returned his call again at 11:10 AM -Left message to call back Returned call and discussed the rental house. The mortgage company will not allow contract for deed. He is willing to come by and pay and penalties including last years permit. He has someone that is looking at purchasing the home but cannot get a mortgage until next year. That person wants to rent the home with rent to purchase. I informed him that would not work as the property must be owner occupied. He stated that he would be living in the home as well. He also stated that he will pay for the permit for finishing the basement. Keith will come in and take care of any paperwork today at 4:30. Print Form Phone Log Date Jul 8, 2008 `~ Time 9:00:00 AM Initials jw ~ Last Name Eisenschenk First Name Keith & Wally (Father) Phone Number ~ Call Back Number ~ Other ~- email address ~ ,Address 1306 Iris Lane -City/Zip St. Joseph Company Miscellaneous (` Return Call {`Complaint (` Following up on call t" Inquiry (: Other Office appointment Summary of Keith and Wally Eisenschenk came to the office to discuss the actions of the Planning Commission last Conversation night. Wally stated that he is just an observer. Keith stated that he came into the office and submitted the paperwork for a permit and he remembers me telling him that their would be a hearing and the date. He also stated that he remembers me telling him he should be present. Keith stated that previously he rented to two other individuals but when he was told he couldn't do that the put an ad on Craig's List to sell the house C4D. A family responded and he has been forced to live with a family he does not know. He talked to me about a C4D but was told it had to be recorded and since he has the home financed the bank will not agree. So he is living with the family until they can purchase the home. The tenant is putting equity into the house by finishing the basement. At this point I asked again if he was living their to which he stated he is. He stated that he came today as his current tenant saw the meeting and does not want to be evicted as he has invested money in the house. He stated that when he found out last night (8:30 PM) the Planning Commission was meeting he got in his truck and came to the City hall but no one was there. I questioned him as to why he did not cut the grass when he received the notice to which he responded that he did not see it. He then proceeded to tell me that the property needs to be re-landscaped and he has hired someone to help but it will take 2 to 3 weeks. told him that the Planning Commission questioned the management of the property versus the pplication, specifically where it states that the cars will be parked on the driveway, not the street. Wally questioned if the cars are prohibited from parking on the street. I stated the in winter months they are, gut the application stated that the cars would not be parked on the street, so the use is inconsistent with he plan. I also informed him that he has other violations on the property -the boat parked in the front yard, snowmobile on the side and the basketball device in the front yard which is placed on the street from time to time. He admitted that they played basketball on the street, but it is broke right now. He agreed to resolve these issues before the Council meeting. p File Location "Print fiorm Date Jul 8, 2008 Phone Log Time 9:00:00 AM Initials jw Last Name Eisenschenk First Name Keith & Wally (Father) ~~~ Phone Number ~ Call Back Number ~ Other ~~~~~ email address ~~ Address 1306 Iris Lane :City/Zip St. Joseph Company Miscellaneous ~~ (` Return Call (` Complaint {"` Following up on call {" Inquiry (; Other Office appointment Summary of PAGE -2- Conversation they asked what the next steps are as they do not want to evict the current tenant as they have put a lot ~f money into the house. I informed them that the PC is a recommending body to the City Council and hey could appeal the decision to the City Council. They clarified that the meeting date is July 17 and they geed to be present. I told them that the boat must be removed by noon today and they should bring the property in compliance the best they can before July 17. I also informed them that i would have nformation available by tomorrow morning regarding the actions of the Planning Commission. File Location ~ ,. ~ ;,