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HomeMy WebLinkAbout[04c] Interim Use Permit - 302 7th Avenue SEr~ Council A enda Item 4 C CTT1` Ur tiT. Jlrilil'H la MEETING DATE: May 21, 2009 AGENDA ITEM: Interim Use Permit - Issue an Interim Use Permit to Christine Long, 302 -7th 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 May 4, 2009 to consider the issuance of an Interim Use Permit to Christine Long, 302 - 7th Avenue SE. The Planning Commission was updated that Christine Long did have a court appearance earlier this year for renting without a license and has plead not guilty. Long stated that her court date has been set for June. Even though she has a court date, her application is complete and the property meets the requirements for an interim use permit. 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. Joseph 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) May 4, 2009 PC Action form; 3) Public Hearing Notice; 4) Application; 5) Affidavit of Residency; 7) Proof of ownership; 8) Vicinity Map; May 4, 2009 extract of Minutes. 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 Christine Long, 302 -7th Avenue SE. Resolution of finding The request of Christine Long for an Interim Use Permit request came before the Planning Commission at a public hearing held on May 4, 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 6 and the W 10' of Lot 5 Block 2, Cloverdale Estates, 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 302 - 7`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 Christine Long, 302 -7`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 made the following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseoh 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 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. Adopted this 21"day of Mav' 2009 ATTEST Alan Rassier, Mayor Ludy Weyrens, Administrator Resolution of finding The request of Christine Long for an Interim Use Permit request came before the Planning Commission at a public hearing held on May 4, 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 6 and the W 10' of Lot S Block 2, Cloverdale Estates 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 302 - 7`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 isowner-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. In addition, The request for Interim Use has been submitted by Christine Long, 302 - 7`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 makes the following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseoh 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: ATTEST 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. 5. Kathleen Kalinowski, Planning Commission Chair Judy Weyrens, Administrator crre° f)F ~T. J(»~1'H Planning Commission Agenda Item 4 MEETING DATE: May 4, 2009 AGENDA ITEM: Public Hearing, Interim Use Permit Christine Long, 302 - 7`h Avenue SE SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Christine long allowing an owner occupied rental unit at 302 - 7`h Avenue SE with a maximum density of two tenants. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: Christine Long submitted an application for Interim Use to allow a rental unit at 302 - 7`h Avenue SE. Before the property was purchased the property owners were informed that the City Ordinance only allowed rental property in the RS Zoning District if the owners resided at the residence. It was discovered that the property was not in compliance and the Police Department followed through and a complaint was filed in court. The property owner has since recorded a Quit Claim Deed transferring property ownership to Christine, who did submit an affidavit of residency verifying that she is the property owner and resides at the same address. At this time Christine is requesting an Interim Use Permit to secure a rental license to have up to two tenants. 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 Christine Long to operate an owner occupied rental unit at 302 - 7`h Avenue SE. . ~ CITY OF ST. OSFPH 1 wwW. cityof stjoseph.com Public Hearing City of St. Joseph Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, May 4, ~udy ~/eyrens 2009 at 7:00 PM. The purpose of the hearing is to consider an Interim Use permit to allow an owner occupied rental at 302 7 Avenue SE. The property is legally described as Lot 6 and W 10' of Lot 5, Block 2, Cloverdale Estates. Mayor St. Joseph Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows: AI Rassier 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 Councilors 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 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 for deed. A Renee Symanietz purchase agreement will not be accepted as evidence of ownership. Dale ~Uick Christine Long, 302 7th Avenue SE, St. Joseph, MN 56374 has submitted the request for Interim Use. Judy Weyrens Administrator Publish: April 24, 2009 7_i 128 ~ 1261 123-jas 12A 727 zip ~ 1` ~ ~ 134 131 ~ 138 127 i p -° f+ i 1.g ~ __.. '~, ~ 128 131 ~. , 1 __ r, i 14 9 :ci 138 139 ~"` 132 129 ~~` 132 137 i _.+ ~, _ .. fi.AtP.f=14 ~ T t f%~LK~ F2 S t E ii~iitt.il S 1~ 3f+.KE ,~ ~__~_ ~_ ~ r- 743 ,r~ ~ ~ 242 748 712 BQ~F r~814 ~r / ~ '94 713 , ~--_ ~ti 246 f+ `~~~ 715}, '218'711;71:7 ~' `" g4 -+~.7Q~Fi 8U5 ~ 21C7 ~~ 3 :7t12 ?4+4~'' C,~it..A'~4'.a'>+ S i ~ . ..,....,, 4;A~LL~..1'~'hF' 620x..-r- ` ~ I 362 I ,~ I ~~ 3117 ~ 348 3~ ~r _.~_ ~. ~t1s'717 `a17 "' ~~a V I 845 ~ i 312 3 ~ ~ { ~ 374 3 1 ~i 376 !7'18r 8116 '~' +442. ~ :~ ----"- _j ~° 847 ~, _ ] I ~'' 326 r«~ rrs tF+J6 945 + 8419 ~' ~i f i 1. 33,2 j,., 814 ,~ 302 7~' Avenue SE z5 College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374 phone 3zo.363.7zoi Fax 3zo.363.o34z APPLICATION FOR INTERIM USE PERMIT STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) City of St. Joseph 25 College Avenue N PO Box 668 St. Joseph, MN 56374 Phone (320)363-7201 or Fax (320)363-0342 Fee $ , ~ (~ ~ ~ Paid Date ~ 1 lL' NAME: ~ /~i:~~`] 1.1~ ~. !,~,~~ PHONE: ~I ~ ~~~:~ ADDRESS: ~~~ ~ ~ ~~ ~ ~'~ ~QS1' i0 ~ ~r `~~ ~ ~ ~` I/VNe, 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: ~ ~~ ~ ~ ~ z rP,w'wYs 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 sheer if necessary): Lai ~-~ ~~) ~v`~ lre wti~~ -0..c5(~ ~ LGl- ~~tie (s-~ , ~i~~~Twv(Z1 ~1 ~lu~ra~a ~.r~l-y, .3oa ~~'~ ~ ~~ ~ ~ ~ ~ M~ C, 2s ~.Cv~~] 3. Present zoning of the above described property is: RQS; ~rte.~.1 h 4. Name and address of the present owner of the above described land: C' hlri ~~~-e Lsr~y 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: Yes ~ No 6. Will the proposed use depreciate the area in which ii is proposed? Please explain: r Yes ~ No 7. Can the proposed use be accomodated wish existing City service without overburdening the system? Please explain: Yes r No 8. Are local streets capable of handling traffic which is generated by the proposed use?Please explain: Yes r No Attached to this application, and made a part thereof, are other material submission data requirements, as indicated. Applicant Signature: n Date:~j, 2 C~ °) Applicant Signature: Date: FOR OFFICE USE ONLY Date application submitted: Date application completed: Commission Action: r Recommend Approval ~ Recommend Disapproval Date of Action: Council Action: r Approved r Disapproved Date of Action: Date Applicant/Propertynwner notified of City Council Action: CITY OF ST. JOSEPH 25 College Avenue North, St Joseph MN 56374 (310) 363-7201 AFFIDAVIT OF RESIDENCY Applicant Name ~ ~ ~ ~~Y-~,, Address '~`~ ~ 'h'1 ~~ 5 Zoning (Js;;R1, Single Family (" B1, Central Business (' B2, Highway Business Printform Number of Tenants Ownership Copy of deed showing Requirement Requiremeynt r 50% ~ 1009 interest must be attached fulfilled ~ Yes r No r N/a I ~1~1 i (1Q ~~ being of legal age, do hereby by attest and affirm the following: 1. My primary esidence is ~Z ~ ~ ~V Q. S~ and that 1 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. R will be your responsiblity to notify the City of any change of residency. 3. 1 make this Affidavit for no improper purpose. 4. 1 understand that deliberater falsification and/or omission pertaining to this affidavit will in result in revokation of the Interim Use Permit and the Cty will pursue civil and/or legal action. ~~ Signature ~' ~ -J~_j-~ _ _~ i ~~/ ..l' 1/'`~ _~ ............. ......... Date ~j~~~~~ 4 / Zlo~ ............................... State of MN County of Stearns On this ~ ay o_f ~ I 20 ~ ,before me S a notary public, personally appeared ~ proved on the sis of satisfactory evidence to be the person(s) whose name (s) is (are) subscribed to this instrument, a d acknowledged (he/she/they) exectuted the same. Witness my hand and official seal. ,~ ~~ ,~~~ OFFICE OF COUtVTY RECORDER STEARNS COUNTY, iVllNNESOTA ~_ ~.~ Document # 127934 0 Certified, Filed, and/or Recorded on ~ ~ ~, 02-24-2009 at 11:07 AM ~_~ DIANE GRUNDHOEFER STEARNS COUNTY RECORDER DEED TAX DUE: $ t ' b5 Form No. 27-M-QUIT CLAIM DEED a 1 ~,y 10~ Individua{(s) to Individual{s) ~ Date: ,~1 FOR VALU LE CO SIDER.ATION, ~P.VI i Sc J•• ~rl ~- ow.~ r far ~'th L • ~-.bYl~ (marital status) Grantor(s), hereby convey(s) and quitclaim(s) to Chl~t~~'r K~ Lnv1A Grantee(s), reel property in bk"1 County, Minnesota, described as follows: ~.~# Six (I•~ ctKd tht: lq/e„l~ 10.OC feet a•f L~ ~~,~.. f s~, ,plo~rTwo (~~ ¢~ Clavcvd~lt ~stai'es~ c~tcofd~~~ -rio ~. Plat aid SHrt~c~ S~V KS ~"httrtiof t how on fib, aid o~ Vt° cord I~ i-~ aF,ft~ce ar•1'h~ Cou~tfy ~~torder ! S}ecrvts. CoK~+Fy t M;nneSa~"~ together with all hettditamertts end appurtenances. of ~o~t-al ons~ d~~a a~•+ i c s.r -I-'hc,,, SOb --- Chick box ifeppticsbta: -- --- ---- _ - -_ ._ _ __ _ -_ 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 property 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 well disclosure certificate. ~ TRES06 2l241ita09 10e55t36 69~09;?67 DEED TX 7c a~1D 1.65 NO,OEi,lNOUENT TAKl33 /lNp , STATE OF MINNESQTA COUNTY OF ~~ ~-~ VAS ~- '~~his~instrument was acknowledged befo/r~e me on NQT~STAAfP Oil SEAL (OQ 0711EQ TITLE ~H BANg~: LORI J. CARKFiUFF 1~'W 1~n~sc c7: LoK ,. M ar fih L • ~+- -~-- ~.- ©rantor(s) ~~ . 5~~~ 7a . ao~3 DEED TAX DUE: $ t •'° `' Date: _ ~' ~ a~ ~ 4~ FOR VALUABLE CO~ISIDBRATION,, ____ ~~; SC r'U~TI]1 1V0. ;L"I-lYl-(~U! 1 LLAlIY! LL' L~ 11 Individual{s} to Individuals} ~. ~K~ ~~ ~Ad~h L (nlarlti) 6191U6} (3rantar(s), hereby conveys} and quitclaim(s) to C.hrtS~'i n~ Lo>Mn Grantee(s), real property in bin County, Minnesota, described as follows: L~ Six ~L) aKd tic 1~Jest Io.r~o •~,ee+ o~ L~ ~r,n.,. 1'S), ,B1o~rrTwo C~-) a~ CSe+n.v dais ~t`r,,teS ! gtcU/a-ti~ -{~o -hoc. Plat r.~d SKVVY~ ~'heti'c, o~ t n.o ~ on ~t~ arl d v~ vt coYd f n ~•c aF~+ce af-*c S~'"`s CotA~r~y ~tcorderr , Sterns. Cak~l-y , Minrtesa`}'~ together with all hereditaments and appurtenances. o~ fiat'g~ on.s~ d~re,t~;m ; s k r;`r -I rl an SD b Check box if applicable: _ _ .__ _-. _ . _ .. _ The Seller certifies that the seller does not know of any wells on the described rea! proper*y. A well disclosure certificate accompanies this document. I am familiar with the property 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 well disclosure certificate_ i~5~6 2/p4lctDg9 i®:56:36 la~lil67 QED Tx x PRID I.bb STATE OF NIINNESOTA s~.e~ -ns ~S. COUNTY OR T~his_instrument was acknowledged before me on t ~1r1tS ~ ~LOIi1G L~(~ I+~ tiOTARiAL SrAA1P OA SfiAL IOA O?HCR?nLS OA IIANKI: '~ LORI J. CARKMUFF NOTARY PU8L1C - MINNESOTA - , My Commisslon ExFues Jan. 37, 2010 THIS UVSTAUatFJr'r lYA9 DAAFr6D HY (NAI~tB AHDADDS®B): ~. e.Nt SG ~S, Lana t3 ~ flr d ctY ac Raa.d ~ni se c?: Levi __ ~ M qr fih ~ . tt, -___ ~d Grantor(s) ' SIGN~T JRC• OF NOTARY PUIt~'1QL~R fl7HER Of:TICIAt Check here if part or all Df the land is Registered (Torrens} ^ Tax Statements fDr du reel property described in U~is instrument should be sent w (include name end address of Grantee): ~niSC. ~• L'~ ~ 3 Nord C. r~~ Rom d s~. 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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/mapLayout.htm 4/20/2009 May 4, 2009 Extract of Planning Commission Minutes Interim Use Permit -Owner Occupied Rental Unit 302 - 7`h Avenue SE Public Hearing, Christine Long, 302 - 7"' Avenue SE, Interim Use Permit: Kalinowski called the public hearing to order and stated that the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental unit at 302 7th Avenue SE. The property is legally described as Lot 6 and W 10' Lot 5, Block 2, Cloverdale Estates. St. Joseph Code or 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 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. The request for Interim Use was submitted by Christine Long, 302 7th Avenue SE. Weyrens advised the Council that the property owner was informed before closing on the property that rental licenses are only allowed in an R1 Zoning District through issuance of an Interim Use Permit and all property owners must reside at the home. The property owner indicated that the financing prohibited the title to be placed in Christine's name therefore they (parents) would have to be listed as owner. They were informed that it is a violation of the Ordinance. The property was out of compliance and a citation was issued for renting without a license. Weyrens stated it is her understanding that the property owner has pleaded not guilty and a court date has been set. Christine Long spoke on her own behalf as owner of 302 - 7th Avenue SE. Long acknowledged that the property could not be placed in her name and she has two roommates. However, the matter has since been resolved and her court date has been set for June. She further clarified that she submitted a deed illustrating that she is the sole property owner of the property listed above. With no one present wishing to speak, the closed at 7:05 PM. McDonald expressed frustration with the tax system and he checked the property tax records and the property is listed as homestead. If the parents were not residing at the residence, as they are listed as the owners, the property should have been taxed as non-homestead. McDonald stated that he understands that now it is a homesteaded property, it should not have been at the time of transfer. Meyer made a motion to authorize the Planning Commission Chair and Administrator to execute the Resolution of finding recommending that the Council issue an Interim Use Permit to Christine Long to operate an owner occupied rental unit at 302 7"' Avenue SE. The motion was seconded by Deutz and passed unanimously.