HomeMy WebLinkAbout[04f] Interim Use Permit~~
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MEETING DATE:
February 19, 2009
Council Agenda Item 4 1
AGENDA ITEM: Interim Use Permit - Issue an Interim Use Permit to Irma
Hoffman to allow a non owner occupied rental at 104 -151 Avenue NW as recommended by the Planning
Commission.
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on February 2, 2009 to consider issuance of an interim use permit for 104 -151 Avenue
NW. The Planning Commission recommended approval with the following contingencies:
1. Approval of the Rental Housing Inspector.
2. The Planning Commission will review the license annually assuring the property is maintained
according to the St.loseph Code of Ordinances. The license will be renewed on compliance.
3. The Interim Use Permit shall expire when the majority of the property is redeveloped as
commercial or within three years of March 3, 2011, whichever comes first.
4. If the area surrounding 104 -155 Avenue NW is not ready for commercial development, Irma
Hoffmann may apply for a three year extension which will be subject to items 1 and 2 above.
PREVIOUS COUNCIL ACTION: The City Council approved an amendment to the Zoning Ordinance
which allowed B1 and B2 property that is currently operating as a single family home to be converted to
rental until the neighborhood is ready for transition to the new use. The amendment included a
provision for a three year permit, reviewed annually with a one time three year extension also renewed
annually. Since there is a current Interim Use Permit in the same neighborhood expiring in 2011, the
expiration of this permit should coincide.
BACKGROUND INFORMATION:
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Council Findings of Fact; Planning Commission material
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Fact of Findings
issuing a conditional Interim Use Permit to Irma Hoffmann for a rental unit at 104 - is` Avenue NW.
Resolution of finding
The request of Irma Hoffmann for an Interim Use Permit request came before the Planning Commission
at a public hearing held on February 2, 2009. The purpose of the hearing was to consider the issuance of
an Interim Use Permit to allow a rental unit in a 61 Zoning District.
The property is legally described as Lot 7 Block 12, Townsite of St. Joseph, located at 104 1s1 Avenue
NW,
St. Joseph Code of Ordinances 52.31 Subd. 13(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.
The request for Interim Use has been submitted by Irma Hoffmann, 104 1S' Avenue NW, 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 made the
following finding(s):
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 finding(s), the City Council makes the following motion:
Approval of the Interim Use Permit to allow an owner occupied rental unit in a 61 Zoning District with the
following contingencies:
1. Approval of the Rental Housing Inspector.
2. The Planning Commission will review the license annually assuring the property is maintained
according to the St. Joseph Code of Ordinances. The license will be renewed on compliance.
3. The Interim Use Permit shall expire when the majority of the property is redeveloped as
commercial or within three years of March 3, 2011, whichever comes first.
4. If the area surrounding 104 15t Avenue NW is not ready for commercial development,
Irma Hoffmann may apply for a three year extension which will be subject to items1 and 2 above.
Alan Rassier
Mayor
ATTEST
Judy Weyrens, Administrator
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Planning Commission Agenda rJ
('r~lE[TING DATE:
February 2, 2009
AGENDA ITEM: Public Hearing, Interim Use Permit
Irma Hoffman, 104 - ]St Avenue NE
Non Owner Occupied Rental Unit
SUBMITTED BY:
Administration
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
granting an Interim Use Permit to Irma Hoffmann allowing a rental unit at 104 -- 1St Avenue NE.
PREVIOUS PLANNING COMMISSION ACTION: In January of 2007 the Ordinance for B2 was modified
to allow non-owner occupied rental units in a B1 Central Business Zoning District through the issuance
of an Interim Use Permit.
BACKGROUND INFORMATION: Approval for an Interim Use Permit would include a provision whereby
the land use in the adjoining area is reviewed and when the majority of the area has been converted to
Business Use the Interim Use permit sunsets and the property must be converted to a business use.
I
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Interim Use Permit, Expires 2011
Interim Use Permit Expires 2010
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Subject Property
The map above illustrates how the property is currently being used. In the quarter block the property is
located only two properties remain as residential; the remaining area is used as rental. Expanding the
area to the entire block the properties are primarily used for residential type uses such as rental or
homestead residential.
In considering the previous Interim Use Permits, the Planning Commission agreed that the expiration
dates of Interim Use Permits should be consistent so that neighborhoods can transition. Therefore, the
Interim Use Permit for Hoffman should be have the same expiration date, 2011.
ATTACHMENTS: Hearing Notice; Application; 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 Irma
Hoffmann, 10 4 - 1St Avenue NW, expiring in 2011.
~ CITY O~ ST. OS~PH
1
u~uu ~ ityo~stjoseph r~oni
Public Hearing
City of St. Joseph
The St. Joseph Planning Commission shall conduct a public hearing on Monday,
February 2, 2009 at 7:00 PM. The purpose of the hearing is to consider an Interim Use
permit to allow a non owner occupied rental at 104 151 Avenue NW, legally described as
Admmistrato' Lot 7 Block 12, Townsite of St. Joseph.
~uc~y Weyrens
St. Joseph Code of Ordinances 52 31 Subd 13: Interim Use Permit for Rental Units.
a) Residential units in areas that have been rezoned to commercial from residential shall
Mayor be allowed an interim use permit as a rental unit for a specific period of time. The
AI ~assiei 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.
Councilors Irma Hoffmann, 104 151 Avenue NW, St. Joseph, MN 56374 has submitted the request for
Steve Frank Interim Use.
Bob Loco
Renee Symanieti Judy Weyrens
Dale ~(/ick Administrator
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zS Cole~c Avenue North PO Box 668 Saint ~oseph, Minnesota 56374
3zo 363.7zo~ Fax 3zo-363.o34z
APPLICATION FOR INTERIM USE PERMIT
STATE OF MINNESOTA )
ss
COUNTY OF STEARNS )
NAME: °~ ~ rn -~ /~
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: ~ ~ ~ ~ ~ f- ~ /~ ,~
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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 the ordinance requirements.) ~
1. Application is hereby made for an Interim Use Perm,,it(to conduct the foollowing:
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):
3. Present zoning of the above described property is:
4. Name and address of the present Iowner of the above described land:
5. Is the proposed use compatible with the future and present land uses of the area? Please explain:
Yes No
~'
Fee $
Paid ~)
Date
PHONE: ~ /~ "3 - ~3 ~
6. Will the proposed use depreciate the area in which it is proposed? Please explain:
Yes ~ No
7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain:
Yes No
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8. Are local streets capable of handling traffic which is generated by [he proposed use? Please explain:
Yes No
~~- .
Attached to this application, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature: (~~
Applicant Signature:
Date: ~n1 ~~-d~
Date:
FOR OFFICE USE ONLY
Date application submitted: Date application completed:
Planning Commission Action: Recommend Approval Recommend Disapproval Date of Action:
City Council Action: Approved Disapproved Date of Action:
Date Applicant/Property owner notified of City Council Action:
Hoffman Interim Use - 104 1st Avenue IOW
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uisclaimer: 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.htln 1 /14/2009