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HomeMy WebLinkAbout[04] Interim Use Permit, 220 17th Avenue SEcrrv OF s9: J[/.SN:rH Planning Commission Agenda Item 4 MEETING DATE: May 4, 2009 AGENDA ITEM: Public Hearing, Interim Use Permit Travis Truth - 220 -17`h Avenue SE SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Travis Fruth allowing an owner occupied rental unit at 220 -17`h Avenue SE with a maximum density of two tenants. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: Travis Fruth submitted an application for Interim Use to allow a rental unit at 220-17`h Avenue SE. When the original application was submitted the application included Travis and his father. He was notified that any owner listed on the deed must reside at the residence. He informed me that before the meeting on the 4`h the deed would be updated and he would be the sole owner. Therefore, in your packet you have a revised deed conveying ownership to Travis. The maximum density allowed in an R1 toning 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 make 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 Travis Fruth to operate an owner occupied rental unit at 220 -17~' Avenue SE. ~. CITY OF ST. OS~PH WWW.CItyOf SIJOSeph.COm Public Hearing City of St. Joseph The Planning Commission for the City of St. Joseph will conduct a public hearing on Monday, April 6, 2009 at 7:00 PM in the St. Joseph City hall. The purpose of the hearing is to consider Administrator an Interim Use Permit to allow an owner occupied rental unit at 220- 17`" Avenue NE. The ~udy V(~eyrens Property is legally described as: Lot 4, Block 2 liberty Pointe. St. Joseph Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows: Mayor Residential rental provided the unit is owner occupied and provided the room (s) rented AI Rassier does not contain separate kitchen facilities and is not intended for use an independent residence. For purposes of establishing if the property is owner occupied, the owner must a Councilors natural person, and all owners must occupy the property as their principal residence. The Steve Frank owners may not exceed two in number. For purposes of determining ownership, the Bob Loso owner/owners must provide a copy of a recorded deed or recorded contract of deed. A purchase agreement will not be accepted as evidence of ownership. Renee Symanietz Dale ~Uick Travis Fruth, 220 -17'" Avenue SE, St. Joseph MN 56374 has submitted the request for Interim Use. „o , Judy Weyrens ;., , ,~;,2 ' ,ee sl ,.2. ~ `~~' ~ '~, Administrator-„ ~ ,, r „a ;~ ~ - ;.~, _~ ; (__. _ j uwwtsor• arc ,2,! I ~ . ue us '~ ,2t ,as i ,x ,7n ~ ~ / /~ ~~- r--- Publish: March 26, 2009 1; ~ ~ ,aae ~ l I, YtE4 cTF --.YQM a, 1. __.. _e.QM eTt_ __._WtFA i1E-.... _- ' j ~. 20, ~ 206 w3 ~ p3 I 2~ ao3 ~ 2y.. ~'„ ~-- ~° - x ~ 20> o ~ 2,a !m7~ ,r2,2 ~E i :, I I 2,! ~.. 7,7 2to ],7 ~ ~ 2n ate ra t 2,e -~ 72a~ ~~ _720 :; ~ 111 a2, ~-ao2w----- 22a ~ 22. 22t a2. ~ -= "T ' u7 ]0. 2a, 22e I 2a2 2a3 ~ 2a0 2r i 2]~ ~ 2n ~ i _~- 235-~ '~ ~ 2]! tae, ~ 2•N I y I 252 2.7 . U23 ~ ~ j 1 l _ _ 1. 1tf9,/.~ )!~ \ ~~?E~, ,u ~ 1I 9~~ 1.10 l ~ u,].. ~ 21t2e ') 1-' ~a, -]l7 zs College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374 Phone 3to.363.7zo1 Lax 3zo.363.o34z APPLICATION FOR INTERIM USE PERMIT ~~~~~~ ~~~, ~ ~ 2~OJ City of St. Joseph 25 College Avenue N CITY QF ST. JQSI~PN PO Box 668 St. Joseph, MN 56374 Phone (320)363-7201 or Fax (320)363-0342 STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) Fees y(~~•~0 Paid Gl~-~' 1 ~ ~~ Date 0~~~~~d~ NAME: I rA V )~ ~u~ PHONE: 00000 ~ - I ~ _ ~~ ~ J ADDRESS: ~~/ I ~ ~l, tl l/2 .JCS .)~. L~b ~LA~ ! III N ~V~ ~ ~'""I I/VVe, 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 conduce the following: ~I ~ra,ViS ~~"~~ Ih n ~ r P~vi q Pi~c~.. O rY?Sic~P_h(.C: ~,r UO ~ ~o'. o~Z-~ ~~~,lih'm.a w©rk+-~~. I~Idi~ ~w~S ~f o~~'e no# (,urrenfl ~In~l ~ II S~+- ~ ~uv~ ~- PIS of 't~Q-`r ow,, ~~5 res~-~vz w`Ifl ICJ©T ~" ~ u5, ~` {~ _. _ _ _ _ _ ~-c ~ se _ ~t._ ~c.SelOl. _ _Gc I ~ac1R _ St(,d~~,.•t'S,_ 2. Legal description of land to be affected by application, including acreage or square footage of land involved, aand scree[ address, if any (attach additional sheet if necessary): K~S o~-Hut ~ oc~{ed ~~ ~~~ ~~~' Avg ~ lc~ ~ off- S ~~ ~ c1 ~7 o s~ 1~.3 q ~ i nisl~od !. 3. Present zoning of the above described property is: ~ ` ~, ~ la[~ + n ~ r`1~1Qi ~# U I ~ ~ I ~ ~ .~ ~~r~~ S.~a OW r un. C.b` 1 L ~ ~ r~ 4. N~a-me and address of the present owner of the above described land: II^Av1,5 ~Ylti+~ 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: ~( Yes ~s No n~ ~ vl rC-~~ _ ~T'~ I j h1i~ ws~ (n -bu~h Srrhe ~, ~~I~e-[- It ~ a~ L ~Ft~ ~'LC,~ Sell oh, ,l r'+Zr:.tt1~'I ~ G ®MP I~-~, ~ i'~ ~i~~I n 15th ~ ~415e.1'`"~W- f ~~r l~' d~.vei0 i'/IDIA~ ~om ~>~n%, ~c~ICrLK"J ~ GI'ld ~ t~~.U~- n d~li2~ ~,,,,)- INIUr~ ~UOa, in4W~~!©-~r5 ~r ~i~v1prc~lrw~ d~ o~'@ra~~ (~~ 0~ ~• ~ 4 ~ ~~~ 6. Will the proposed use depreciate the area in which it is proposed? Please explain: r Yes (~ No r'{5 __ ~1rue c`) W~~r' o+ ~ flro~er ;T Gah par S~rL ~thc~~t- ~'~, ~eA~ , P~9P W(II f1o ~ dc~reua~£' ~~'~ ~~ ~ ~~In ~ ~ „ pu r~h~ts~ ~- ~io~Se ~' + _ ve.. __, R~r~ Sp~ 1 a~o-~ ~ i'~n,~ Yv-~,k~ Imp~~~r--~ ~ ~f~ le.rl $C~~~i"~ GI~~~°"rt~s 7. Can the proposed us~'be accomodaied with existing City service without overburdening the system? Please explain: Yes (-' No 1 ~,~,, P r~ ~bre~l t~ i I/~ ~1~~e. ~Z~ rvlpt~~{ o~~ ~n Q.~e,~{- ot/1 -~ S ~JT~-'-`I ~ (~ t~o~r-'i 1~ ~ ~ ~ J o r 1 d 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: Yes r, No ~Q~re t,ui~ i~2 m~-,ima C.;'n.an~5 1~ +r~ c ;,, ~ are,, Attached to this application, and made a part thereof, are other material submission data requirements, as indicated. Applicant Signature: Applicant Signature: Date: ~ j'S" ~ Date: FOR OFFICE USE ONLY Date application submitted: Date application completed: Planning Commission Action: r; Recommend Approval rl Recommend Disapproval Date of Action: City Council Action: r! Approved (- Disapproved Date of Action: Date Applicant/Property owner notified of City Council Action: CITY OF ST. JOSEPH 25 College Avenue North, St. Joseph MN 56374 (320) 363-7201 AFFIDAVIT OF RESIDENCY applicant Name ~ JAS ' r 4ddress a.~ 1~~ ~U(' S zoning Q;R1, Single Family ('{ B1, Central Business (` 62, Highway Business )wnership Copy of deed showing Requirement tequirement ~ SO% r 100% interest must be attached fulfilled Prin Form Number of Tenants ~ ;„e;i~l,~ ~~sel-~ ~' Yes (- No (- N/a ..rr^ y, ~~ ~a-d+~ 1 ~U1~ being of legal age, do hereby by attest and affirm the following: 1. My primary esidence is ~ ~~~ /-"`~ •~^~ and that I a m the owner of record of the same. 2. The Interim Use Permit is only valid while said property is your primary residence and you are living at the same. It will be your responsiblity to notify the City of any change of residency. 3. I make this Affidavit for no improper purpose. 4. I understand that deliberater falsification and/or omission pertaining to this affidavit will in result in revokation of the Interim Use Permit and the City will pursue civil and/or legal action. Signature ~ Date r'C.. ~ ~ ~ State of MN =ounty of Stearns On this day of . 20 .before me . a notary public, personally appeared proved on the basis of satisfactory evidence to be the person(s) whose name (s) s (are) subscribed to this instrument, and acknowledged (he/she/they) exectuted the same. Witness my hand and official seal. Votary Signature (SEAL) ~~ ~~~ ~v N© DELINQUENT TAXES l~(Q TRAA~{SFER.ENTERED DATE 'a^'~~r~ °~3 °~.d0 I . AUDIT . ~ t7f P't~TY .rt gy~ . ~3~~0 . o 0 3~ OFFICE OF COUNTY RECORDER STEARNS COUNTY, MINNESOTA -~~ Document # 1282091 --' Certified, Filed, and/or Recorded on ~~ o N _~~ m 03-23-2009 at 04:21 PM ~' DIANE GRUNDHOEFER STEARNS COUNTY RECORDER QUIT CLAIM DEED Form No. 27-M Minnesota Uniform Individual(s) to Individual(s) (Top 3 inches Reserved for Recording Data) Conveyancing Blanks (1/15/97) DEED TAX DUE: $ 1.65 ®Total consideration is less than $500.00 Date: ~ 13 - b~$ FOR VALUABLE CONSIDERATION, Duane Fruth and Cheryl Fruth husband and wife Grantor(s), hereby convey(s) and quitclaim(s) to Travis M Fruth Grantee(s), real property in Stearns County, Minnesota, described as follows: Lot 4, Block 2, Liberty Pointe, Steams County, Minnesota. together with all hereditaments and appurtenances. Check box if applicable: ® 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 properly 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 file 30 TRE5fa5 3!2's/~8B9 16:18:02 A'7A006483 OEI:~ 7X rt PAID 1.65 STATE OF ~ N COUNTY OF STEARNS ~ ss This instrument was acknowledged before Ine on ~ u,1r-G 1•+ Z3 Z O 0 q ' (Date) by Duane Fruth and Che I Fruth husband and wife Grantor(s). ARLAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SUSAN K. LENTNER fNOTMY tsIJBL1C~MWNEBOTA My Comm. Ertp. JAR X1,1012 I THIS INSTRUMENT WAS DRAFTED BY (NAME 8c ADDRESS): I Travis M. Fruth 220 17th Ave SE St. Joseph, MN 56374 SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here if all or part of the lend is Registered (Torrens) ^ Tex statements for the real property described in this instrumdrt should be sent to (include name and address of Grentee): Travis M. Fruth ,/` 5-- 70 bG~~ M N S`(0 3 rl y. Resolution of finding The request of Travis Fruth for an Interim Use Permit request came before the Planning Commission at a public hearing held on April 6, 2009. 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 2, Liberty Pointe 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 220 17`h 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 Travis Fruth, 220 17`h Avenue SE, 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 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, Planning Commission Chair Judy Weyrens, Administrator _ .._......_---._ ...,~r r~-Kr, a vi i Travis Fruth vicinity reap ror nonticauor~ purposes ,, , (F- _ I .. ~ ~~ i by ~ r, - . .. :fir ~ - ~- ~ ' i { '~i . ~ i ~'1: 1 1 ~ti: . i'~f ._ ~' - ~ .- 1~~4 ~ ~ I 15 -11 ~ _ _- : ,~ ~~' ,- - -i ai . E, I - ~ __ ,- i~ ~i-F.A ~ 7 f..- r~4?il. h - , ~ .. ti ~ . 4 ar ... d ~ ,, ~ 20a 2~a~~i^ 2318 1fJ~ 2 ,y - _.21r7~ 201 ;K 2~i8 < !=. ~1 i~ ~~ .- s'~ 20: 272 2J~ ~ ' "~ 1 ~t 2€'1€? : ~ ~ ~ ~ y ! 111 ____ ~~, . 11'3 uy' 17A ~ e: ~ 212 ' "'4 ~ 2i7 ~ s'y 277' 21>tl 217 2'10 i '' 1 * 213+ ~~ 2f ~ 211 ~ ~.. 5020a - - ~ 22~ ~ 21« 226. 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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://portaLsehinc.com/sehsvc~html/dvo/mapLayout.htm 3/1 x/2009