HomeMy WebLinkAbout[04g] Interim Use Permit - Ryan Pekarak~~~
MEETING DATE:
August 4, 2008
Council Agenda Item 4~1
AGENDA ITEM: Interim Use Permit - Issue an Interim Use Permit to Ryan
Pekarek, 114 -15t 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 August 4, 2008 to consider the issuance of an Interim Use Permit to Ryan Pekarek, 114
15t 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) Draft August 4, 2008 PC Minutes; 2) Resolution of Findings - PC; 3)
August 4, 2008 PC Action form; 4) Public Hearing Notice; 5) Application; 6) Site Plan; 7) Proof of
ownership; 8) Vicinity Map; 9) Phone Log
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 Ryan Pekarek, 114 -15t Avenue SE.
DRAFT -Extract of Planning Commission Minutes
August 4, 2008
Ryan Pekarek, Interim Use Permit
Public Hearing -Interim Use Permit. 114 1st Avenue SE: 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 4, Block 3, Loso's 2nd
Addition.
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 it 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 owneNowners must provide a copy of a recorded deed or recorded contract
for deed. A purchase agreement will not be accepted as evidence of ownership.
Ryan Pekarek, 114 1s' Avenue SE, St. Joseph, MN 56374 has submitted the request for Interim Use.
Pekarek approached the Commissioners and stated that he and his brother purchased the home in
August 2007. Since then, he has purchased the home from his brother as Contract for Deed and is now
100% owner. He stated that, currently, he is the only one living there and he has been working to
maintain/upkeep the property. He is requesting the Interim Use Permit to have some friends live with him
Kalinowski opened the Public Hearing.
Delbert Collett, 116 1St Avenue SE, approached the Commissioners and spoke highly of Mr. Pekarek. He
stated that he has been a good neighbor so far. He questioned how many renters he could have in the
home. Weyrens advised him that he would be allowed two renters. He also questioned whether the home
would remain a rental unit if the home was ever sold to which he was advised that the rental license is
non-transferrable. He concluded by stating that, so far, he is very proud of Mr. Pekarek.
Mary Nierengarten, 110 1S` Avenue SE, spoke highly of Mr. Pekarek as well. She stated that he has been
a good neighbor so far and that she hopes he can continue to live in the home. According to
Nierengarten, he has been quiet and seems to be abiding by City Ordinances.
Dan Nierengarten, 110 1S`Avenue SE, approached the Commissioners and stated that, so far, Mr.
Pekarek seems quiet and friendly. He added that they have been working hard to get the property fixed
up and adhere to all City Codes.
The public hearing was closed at 7:15 PM
Kalinowski stated that it is a pleasure to hear positive support from the neighbors. Deutz added that the
brother could live in the home as well based on the definition of family.
Deutz made a motion to recommend Council approval of the Interim Use Permit for Ryan Pekarek
at 114 1s` Avenue SE. The motion was seconded by Andersen and passed unanimously.
Resolution of finding
The request of Ryan Pekarek for an Interim Use Permit request came before the Planning Commission at a public
hearing held on August 4, 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 4 Block 3 Loso's 2"d 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 114 152 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 Ryan Pekarek, 114 152 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 R1 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
crrv oF~+r.~~~hvN Planning Commission Agenda Item 5
MEETING DATE: August 4, 2008
AGENDA ITEM: Public Hearing, Interim Use Permit
Ryan Pekarek
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
granting an Interim Use Permit to Ryan Pekarek allowing an owner occupied rental unit at 114 -15`
Avenue SE with a maximum density of two tenants.
PREVIOUS PLANNING COMMISSION ACTION:
BACKGROUND INFORMATION: The City Office has been working since May 1 to resolve the rental
issues at 114 -15` Avenue SE. We were made aware of the rental status by a phone call to office. We
had contact with the property owner and discovered that the owner at the time, Jason Pakarek, was
renting rooms to two students and his brother. We discussed on the phone the 1009'0 owner
requirement and the issuance of an Interim Use Permit. The City Office staff was told they would get
back to the office for resolution. We never heard back from Mr. Pekarek, so the matter was turned over
to the Police Chief. The Police Chief made contact with the property owner and he was told to contact
the City Offices ASAP to secure the required licenses. Pekarek again called the office and stated that he
would not be living their but his brother would and they jointly would own the home. We again
discussed why this would not work. Time again passed and nothing was done. We were getting ready
to prosecute Pekarek both civilly and criminally when he submitted an application for Interim Use. The
property ownership has been transferred to Ryan Pekarek and the office has evidence of the transfer.
At this time Pekarek is seeking approval for an Interim Use Permit to allow for an owner occupied rental
with a maximum density of two.
ATTACHMENTS: Hearing Notice; Application; Recorded Deed, Resolution of Findings; Vicinity
Map; Phone Log
REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and
Administrator to execute the Resolution recommending the Council issue an Interim Use Permit to Ryan
Pekarek to operate an owner occupied rental unit at 114 -15i Avenue SE.
~. CITY O~ ST. OS~PH
1
WmW. cityo{stjoseph.com
Public Hearing
City of St. Joseph
Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, August 4, 2008 at
Judy Weyrens 7:10 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 4 Block 3,
Loso's 2"d Additon.
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 ~1Uick Ryan Pekarek, l 14 IS` Avenue SE, St. Joseph, MN 56374 has submitted the request for Interim Use.
Judy Weyrens
Administrator
Publish: July 25, 2008
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as College Avenue North PO Box 668 Saint )oseph, Minnesota 56374
phone 3z.o.363.~zo~ Fax 3zo.363.o34z
APPLICATION FOR INTERIM USE PERMIT
STATE OF MINNESOTA )
ss
COUNTY OF STEARNS )
NAME:
City of St. Joseph
25 College Avenue N
PO Box 668
St. Joseph, MN 56374
Phone (320)363-7201 or Fax (320)363-0342
ADDRESS: ~l Z~ S ?- ~U~ 5
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IlWe, 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 made for an Interim Use Permit to conduct the following:
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2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, if any
(attach additional sheet if necessary):
Ss ~' 2 l tv
Fee $ U'1 4~
Paid ~ ~`~L~~
Date ''7 ~ j -(}
PHONE: ~~a~ ~o~'~..,3 ~'
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3. Present zoning of the above described property is:
4. Name and address of the present owner of the above described land:
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5. Is the proposed use compatible with the future and present land- uses of the area? Please explain:
~' Yes
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r No
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6. Will the proposed use depreciate the area in which it is proposed? Please explain:
r Yes No
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7. Can the proposed use be accomodated wish existing City service without overburdening the system? Please explain:
~ Yes r No
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8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
Yes ~" No
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Attached to this application, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature:.
Applieant Signature;
Date: ~' ~ ~ ~ e7
Date:
FOR OFFICE USEONLY
Date application submitted: ~ '~ j "~ ~ Date application completed:
Planning Commission Action: ~°' Recommend Approval ~" Recommend Disapproval Date of Action:
Council Action:. (-' Approved ~" Disapproved Date of Action:
Date Applicant/Property owner notified of City Council Action:
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1. PROPERTY DESCRIPTION. Sellers hereby sell, and Purchaser hereby budys, real property in
Steams County, Minnesota, described as follows:Lot ~4 Block 3, Loso's 2" Addition ..-
.~l
CONTRACT FOR DEED
NO DELiNOUENT TAXES AND
TR9~VSFER ENTERED
oArE
AU
DEPUTY
OFFICE OF COUNTY RECORDER
STEARNS COUNTY, MINNESOTA
~~
Document # 1262604
Certified, Filed, and/or Recorded on ~ ~
_ N
07-03-2008 at 12:27 PM
DIANE GRUNDHOEFER ~~
STEARNS COUNTY RECORDER ~~
MORTGAGE REGIS Y TAX DUE HEREON:
Dated as of ~ ~ ~ ~ '~ S u~9 ~ ~
THIS CO CT FOR DEED is made as of the above date by Jason Pekarek * (whether one or
more) Purchaser; Ryan Pekarek
Sellers and Purchaser agree to the following terms:
The Sellers hereby certify that the Sellers do not know of any wells on the described real
property.
together with all hereditaments and appurtenances belonging thereto (the Property).
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, declarations and easements of records, if any;
(b) Reservations of minerals or mineral rights by the State of Minnesota, if any;
(c) Building, zoning, and subdivision laws and regulations;
(d) The lien of real estate taxes and installments of special assessments which are payable by the
Purchasex~pursuant to paragraph 6 of this contract; and
(e) The following liens or encumbrances:
Encumbrances of record, if any.
3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser's prompt and full
Performance of this contract, Seller shall:
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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 7/9/2008
Print Form`
Phone Log
Date Jun 16, 2008 ~ Time 10:00:00 AM Initials jw
Last Name Pekarak First Name Jason ~~
Phone Number ~~~ Call Back Number ~~ Otherr
email address ~ Address 114 -1st Avenue SE City/Zip ~~ ~~
(' Return Call ('.Complaint (: Following up on call (' Inquiry (` Other
Summary of A young man come into the office inquiring about owner occupied rental. Sarah provided him with the
Conversation copies of the Interim Use Permit and asked me to talk to him. I recognized him as the owner of 114 -1st
Avenue SE and asked him if he was in fact the owner. He stated he was. He questioned the 100%
ownership and asked when that changed. I told him April of 2008.
I asked him if was going to be living their and he stated his brother would. I told him he had to be 100%
fee owner in order to qualify for a rental license. He stated that his brother would be listed on the deed. I
again told him that 100% of the owners must reside at the residence. I also told him that we have already
turned this matter over to the Police Department and he needs to take care of this. He said okay and left