HomeMy WebLinkAbout[04g] Interim Use Permitt:rrv UP s•t:,lcn~trtt
Council Agenda Item 4~
MEETING DATE:
~~.~~ IlP~2oa 9
AGENDA ITEM: Interim Use Permit - Issue an Interim Use Permit to Travis
Fruth, 220 -17`h 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 April 6, 2009 to consider the issuance of an Interim Use Permit to Travis Fruth, 220 -
17`h Avenue SE. The Planning Commission unanimously recommended the City Council issue the Interim
Permit as requested 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.loseph Newsleader when the owner occupied
rental licenses are reviewed and will accept public comments.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: See Planning Commission material
BUDGET/FISCAL IMPACT:
ATTACHMENTS: 1) Resolution of Findings - PC; 2) April 6, 2009 PC Action form; 3) Public
Hearing Notice; 4) Application; 5) Affidavit of Residency; 7) Proof of ownership; 8) Vicinity Map
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 Travis Fruth, 220 -17`h Avenue SE.
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 Rl 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 22017`h Avenue SE.
St. Joseoh 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, 22017`h Avenue SE, St.loseph 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 Rl 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 '~
crrr of Kr ~c~rn Planning Commission Agenda Item 4
MEETING DATE: May 4, 2009
AGENDA ITEM: Public Hearing, Interim Use Permit
Travis Fruth - 220 -17`" 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"'
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`" 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"'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 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 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
1
Wv~~W.cityof stjoseph.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 Weyrens property is IegaNy described as: !ot 4, Block 2 Liberty Pointe.
St. Joseph Code of Ordinances 52.27 subd. S 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 Loco 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 Svmanietz
Dalc Wick Travis Fruth, 220 -17`" Avenue SE, St. Joseph MN 56374 has submitted the request for
tnterim Use.
Judy Weyrens `~ '~`
a9 ". '~
Administrator ,, a
17fa t
Publish: March 26, 2009
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zs College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374
phone 3zo.36;.7zoi Fat 3zo.363.o34z
RECEIVES APPLICATION FOR INTERIM USE PERMIT
FEB 17 2009 Clty of st. Joseph
25 College Avenue N
CITY OF ST. JOSEPH PO Box 668
st. Joseph, MN 56374
Phone (320)363-7201 or Fax (320)363-0342
STATE OF MINNESOTA )
ss
COUNTY OF STEARNS )
Fee $ y (~~~t-•
Paid C.1Lx l ~~
Date A~~~~~~
NAME: T!! rA V )S ~u~ PHONE: 00000 ~Gi ~ _ L'a,
ADDRESS: AyL,~ ~~~~ 1J . io ~ ~~ ~,~ Cn n~ h>~ ~ ~ ~/n ~ ~~
I/VUe, 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:
i bra vi S ~rt~ i I h~fr~ ~o . P j ~'t"~ 4 p~ ~ 1'~G$ iC~ Eh G!; .~ r tt P ~n -~ o
o~4ur ~II}t'nt~ w~~k-+~. ti~ to ~w~5 ~a~ o~t~ nod Gurre.nfl ~'in..pt~l!
~ '~ ~7u1J~ a P~~ ~ ~I~,rr owh, -I-hrs ~alcn~ iU I~-oT ~"~ used
,~a u ~ . _ ~i:.._... _.Zos~p~ .. ,c~. _ . S~u~Oat_ .........
2. Legal description of land to be offected by opplicotion, including acreage orsquare footage of land involved, and street address, if any
(attach additions! sheet ifnecessary):
({BSrd~!C2 ~oCa~ed o11'~1' ~~ I />~' Aye ~~) ~O~ SrZe : ~7?~s~{~~.1 ~q~ ~1n1$l+ed
~il~2 ~.e~}' 1 N ~'NY ~IOUS.ey
3. Present zoning of the obove described property is: ~,p ` ~ t)w ~ ~~ ~ ~ ~ rl ~ 1 ~r~ :S{p~,~h S
4. Nome and address of the present owner of the above described land:
Tro-vi5 r~+~
'a~0 ~7~^ ~~~ S~
5. Is the proposed use compatible with the future and present land uses of the area? Please explain:
(~( Yes ~ No
= u-rc~rastd ~-1~ /5 d ws.e I n 1'bv~gh S tl'tdp~e Q~
~ore.cl~sed oh. .l ri=nd- Gompk}~I U 1'~-~inlsb+.ed
~}2r 1-11' 0~1/~a~ ~~~~ ~'D~-'~ $1~1 ~ V~~ Ana
__.
b„~- r~vr~ good i n l'~r>~lov-S ~o lr ~m pro vli+ra ~e.
~- howl U 0
F~-f- i'r w °45
VI-ke bas~.,r<I-
~ h~,~~ not ~,~n~
_..._ . _
o~e,ra~! iwhc~t o~
^
6. Will the proposed use depreciate the area in which it is proposed? Please explain:
r Yes (~ No
AS ~ O wy~Qr- ~ }~¢ ~ro~-~~* GAVE ~ SIA,rC~. tflA'~' '~p,
~ocsed Will no f dept~eua~ -fie. Arm. Sin tu. ~ : pu --~ha~l dam- house
wQ ..~li~dv~. s alo+ aF_ wb-~,__ n~k,r' Imp~>e-s +~ +
!A map+-,~ a d ~rd.
7. Can the proposed us be accomodate with existing City service without overburdening the system? Please explain:
Yes ~; No
I ine, _ P fa ~Or~ (~ I ~n ~1A~. i~ c Yvlpr~ O~ Ah Q.~~' ovl T~
ST~h ~ a 1~,~v-+ ~ o-~ ~ or ~ ~
8. Are local streets capable of handling t-affic which is genera[ed by the proposed use? Please explain:
Yes ~``, No
~'lp~r+~, t,u1~
WI~h1mw( ~AlI~S ~v- ~"I"0.rTtC j h ~ ArY~.
Attached to this applicatlon, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature:
Date: a JS D 9
Applicant Signature: Date:
FOR OFFICE USE ONLY
~, Date application submitted: Date application completed:
Commission Action: r; Recommend Approval r Recommend Disapproval Date of Action:
Council Action: Approved ("' Disapproved Date of Action:
r_
Date Applicant/Propertynwner notified of City Council Action:
^
City of St. Joseph
Required Material Submission
Interim Use Material
Completed applications for Interim Use requests and required fees shall be submitted the City of St. Joseph Zoning Administrator at
least 20 days prior to the proposed date of consideration by the City. The twenty days allows the City to review the application,
forward the application to other entities for review as required and notify the public as required. Only completed applications will be
accepted. It is the applicant's responsibility to submit required materials. If an application is determined to be incomplete,
notification, which indicates which portion of the application is incomplete, will be mailed to the applicant within 10 days following
submission of the application.
REQUIRED MATERIALS -The applicant shalt provide the following:
MATERIAL REQUIRED COMPLETE
1. Additional written or graphic data reasonably Yes
r
required by the Zoning Administrator or the No
Planning Commission as described below: r:
All applications must include a narrative of the
Interim Use request. The Interim Use application
must be completed in its entirety including the
reasons as to why the Planning Commission and
City Council should approve the request.
2. Proof of Ownership -Copy of the recorded deed r Yes
verifying ownership. ~- No
3. Required Fee. $400.00
('"'' Yes
("; No
COMMENTS
~~ ~ NO DELINQUENT TAXES
TRANSFER ENTERED
DATE fti•,t~ °~~ QUO
AUDIT
l3EPt'1TV ,r.
g `~ . ~3~~ a. o 0 3 ~{
OFFICE OF COUNTY RECORDER
STEARNS COUNTY, MINNEnSOTA
Document # 1282091
Certified, Filed, andlor Retbrtled on N
m
03-23-2009 at 04:21 PM
DIANE GRUNDHOEFER
STEARNS COUNTY RECORDER
QUIT CLAIM DEED Form No. 27-M Minnesota UniTorm
Individual{s) to Individual{s) (Top) Inches Reserved for Recording Data) Conveyancing Blanks (l/15/97)
DEED TAX DUE: $ 1.65 ®Total consideration is less than $500.00
Date: ~ l3 - bad
FOR VALUABLE CONSIDERATION, Duane Froth and Cheryl Froth husband and wife
Grantor(s), hereby convey(s) and quitclaim(s) to Travis M Froth
Grantee(s),
real property in beams County, Minnesota, described as follows:
Lot 4, Block 2, Liberty Pointe, Stearns 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 filed wlosure certificate. ~~~i~
K ~~G
e FruUr
3Y TRESiS
3/2"S/2809 16t18:i2
frlflB®6183 OEID TX 1;
Cheryl Froth
pain
1.65
STATE OF M N
COUNTY OF STEARNS } ss
This instrument was acknowledged before me on ~d.trG~+ Z3 20~ ~
(Date)
by Duane Froth and Che I Froth husband and wife
,Grantor(s).
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
SUSAN K.LENTNER
MCtAl1Y Nl~ut`.~tufNE>tOTA
wh t~olaat. Esp. da-. 0f, litlt:
THIS MSTRUMENT WAS DRAFTED BY (NAME & ADDRESS):
Travis M. Froth
220 17th Ave SE
St. Joseph, MN 56374
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
Check here irall or part of the land is Registered (Torrens) ^
'fax statements for the real property descrilKd in Uric instrument ahoukl
be sent to (include name and address of Grantee):
Travis M. Froth „/
~ ~- o l ~ +~r-. itro.z Sc
'~-- 7o L•up1~ MsJ SZ ~'~
C/ TY OF ST. JOSEPH
25 College Avenue North, St. Joseph MN 56374
(320) 363-720 ]
AFFIDAVIT OF RESIDENCY
Applicant Name ~ yIS ~~
Address a.~ '~ ~Ve 5~
Zoning Q R1, Single Family (' 61, Central Business (` 82, Highway Business
Number of Tenants
Incluo~l~ N~cca s~~
Ownership Copy of deed showing Requirement
Requirement ~ 50 % r 100% interest must be attached fulfilled ~ Yes ~-- No r N/a
I ~1~diS ~M~ being of legal age, do hereby by attest and affirm the following:
1. My primary esidence is ~O~ ,~~ ~~ ~ and that I am 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 deliberates 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 pate ~. i ~ O
~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ r ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ • ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ • ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^
State of MN
County of Stearns ~~ /~~ t S
~r ~ ~ ~
On this ~_ da of { ~ 20~~L, before me ~~~f ~°°~ , a notary public, personally
appeared _T,f-f ~, c ~,~L(~ proved on the basis of satisfactory evidence to be the person(s) whose name (s)
is (are) subscribed to this instrument, and acknowledged (he/she/they) exectuted the same. Witness my hand and official seal.
Notary Signat re S
JUDY ANN WEYRENS
NOTARY PUBLIC -MINNESOTA
My Ccmmission Expires Jan. 31, 2010
nat.Ae•,,-O,-dine 1.1t~i~~ Pa~,e 1 of 1
Travis Fruth
vrurut i~'ia ~ ror nounc<-tson ur uses
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Disclaimer: This map is neither a legally recorded mars 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 he used for reference purposes only.
l~ttps:%/portal.sehinc.contisehsvcihtml;d',~o;mapLayrn~t.htn; 3/18/2009
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 22017`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, 22017`h 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 made 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 motion:
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
Alan Rassier, Mayor
Judy Weyrens, Administrator