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HomeMy WebLinkAbout2007 [10] Oct 01October 1, 2007 Page 1 of 5 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, October 1, 2007 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Bob Loso, Commissioners Ross Rieke, Sr. Kathleen Kalinowski, Mike Deutz, Mark Andersen, Dale Wick, Jim Graeve, City Administrator Judy Weyrens City Representatives Present: City Attorney Tom Jovanovich, City Engineer Randy Sabart Others Present: Sr. Kara Hennes, Sr. Paula Revier, Sr. Margaret Wurm, Jim Degiovanni, Dan Rorabeck, Jake Rorabeck Aeenda: Deutz made a motion to approve the agenda; seconded by Wick and passed unanimously. Public Hearine -Interim Use Permit 221 Birch Street W: Chair Loso 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 in an R-1 Single Family Zoning District. The property is located at 221 Birch Street West and the property owner is Jake and Dan Rorabeck. 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 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 the owner occupying the property as his or her principal residence and must own a fifty percent (50~a) or greater interest in the property. Weyrens advised the commissioners that the City sent a compliance order to Mr. Rorabeck based on a complaint that they were renting the property. The property owner did respond resulting in the request for Interim Use. There were some issues with the residents parking on the lawn; however, the Police have discussed that issue with the tenants. Jake Rorabeck approached the commissioners to answer any questions. At this time Loso opened the floor for questions or comments from those present. Dan Weiser, 225 Birch Street W, approached the commissioners and stated that he does not want to see rentals in his neighborhood; however, he did state that these seem to be good guys so far. Dan Rorabeck spoke to the commissioners on behalf of the tenants. Rorabeck stated that when they were looking to purchase the home, the realtor said it would not be a problem if it were used as a rental. As a result, he was unaware of the fact that renting was an issue for the City. He stated that all of the tenants are students at St. John's and all, but one, are on the football team. As a father, he stated that they bought the home with their son to teach him a lesson. With no one else wishing to speak the Public Hearing was closed. Kalinowski questioned whether or not the weed notice was taken care of to which Weyrens stated that it was. Deutz questioned Weyrens as to whether or not the property owner has already called for a rental inspection. She stated that they have not yet had a rental inspection; however, they will need to go through the rental license process and comply with all Ordinances before a license is issued. He then October 1, 2007 Page 2 of 5 questioned how many tenants are living in the home to which he was told 4. The Ordinance states that they can only have 3 tenants. Weyrens stated that she will need clarification that Jake is 50% owner of the property at 221 Birch Street W. Andersen stated that he drove by the property and it looked to be kept clean and he did not see any issues. Wick questioned Rorabeck as to his intent for the property after graduation. Mr. Rorabeck stated that he has a daughter that may attend the College of St. Benedict and she may live in the home after graduation. Graeve questioned the number of vehicles. Weyrens stated that they will not be allowed to park on the grass and they must provide adequate parking. Deutz clarified that this Permit will be subject to an annual review. There was some question as to whether or not Rorabeck could apply for a variance to allow for more than 2 unrelated tenants. Weyrens stated that it would be difficult for the City to grant a variance to allow for more tenants as they must show a hardship and the hardship cannot be financial nor can it be created by the petitioner. Rorabeck stated that they plan to apply for a variance as it is hard to find housing at this time. Rieke questioned whether or not the City can give them a time frame to be compliant with the number of tenants. Weyrens stated that the Planning Commission should determine when the property must be in compliance. After discussion, the Planning Commission agreed that the property must be in compliance no later than November 1, 2007. Rorabeck stated that they will look into the variance procedure as he stated the City can make exceptions. He stated that it will be difficult for one of the tenants to find a place to live at this tim of the year. Rorabeck requested the Planning Commission give them until the end of the sememster to bring the property into compliance. According to Loso, the City cannot make exceptions as they do not want to set precedence. Kalinowski made a motion to accept the findings of fact and recommend that the Council approve the Interim Use Permit for 221 Birch Street W, with the following contingencies: 1. The rental license in non-transferable and if the property is sold or the ownership changes so that the aforementioned no longer owns a 50% or greater interest in the property the Interim Use Permit is null and void. 2. The property owner will decrease the density by one person no later than November 1, 2007. This reduction will place the property incompliance with the definition of a family. 3. Approval of the Rental Housing Inspector 4. The Planning Commission wilt review the license annually and revoke the license if the property is in violation of the St. Joseph Code of Ordinances. 5. 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. The motion was seconded by Graeve. Ayes: Rieke, Kalinowski, Deutz, Andersen, Wick, Graeve Nays: None Abstain: Loso Motion passed 6:0:1 Deutz stepped down due to a conflict of interest. October 1, 2007 Page 3 of 5 Public Hearine -Interim Use Permit. 30 Birch Street E: Chair Loso called the public hearing to order and stated the purpose of the hearing is to consider an Interim Use Permit to allow a non owner occupied rental at 30 Birch Street E. The request for Interim Use has been submitted by Student Housing LLC. St. Joseph Code of Ordinances 52.32 Subd. 12: Interim Use Permit for Rental Units. a) 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 Public Hearing was opened and closed as there was no one present wishing to speak. Mike Deutz approached the commissioners as the owner of the home at 30 Birch Street E. He stated that he has been purchasing a number of homes in that area to allow for a future commercial development. He stated that allowing the property at 30 Birch Street East to be a non owner occupied rental would be a consistent with similar properties in the same zoning district. Deutz added that last year there was a business in this home and prior to that it was used as a single family residence. Deutz clarified that he has contacted the rental housing inspector and has completed the license process. Wick stated that the area along Birch Street East was recently rezoned to 62, Highway Business. In reviewing the area it appears as approximately 40% of the surrounding property is being used for other than single family residential. Wick stated that there are approximately 10 properties in the area and they are being used as follows: 4 commercial, 2 residential and 4 rental. Kalinowski made a motion to accept the findings of fact, recommending the City Council issue an Interim Use Permit to Student Housing LLC to operate a rental property at 30 Birch Street East with the following contingencies: 1. 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. 2. The Planning Commission will review the license annually to determine if the area surrounding this property is ready for conversion to the business district. When the neighborhood is ready for conversion this permit shall become null and void. 3. If after three years the area is not ready for conversion, the applicant can request an extension for an additional three years, with the same review process. 4. Approval of the Rental Housing Inspector The motion was seconded by Wick and passed unanimously. At this time Commissioner Deutz resumed his chair and Kalinowski stepped down due to a conflict of interest. Public Hearing -Variance Reauest. Monastery of St. Benedict: Chair Loso opened the public hearing and stated the purpose of the hearing is to consider a variance relating to the parking requirements for the construction of a new residential facility for the Monastery of St. Benedict. The public hearing was opened and closed as there was no one wishing to speak. October 1, 2007 Page 4 of 5 Sr. Kara Hennes approached the Commissioners on behalf of the Monastery of St. Benedict. She stated that they are requesting a variance for the relief of the parking requirements. The new residential facility is replacing an existing facility that had a higher density. Hennes further stated the residents of the facility are all members of the Monastery and they do not own individual cars; thus there is no need for additional parking. She stated that they are a community within a City and the City's Ordinances do not accommodate such. Graeve stated that he believes this is a unique situation; however, if it were to ever be sold, they would then need to comply with the parking requirements. Deutz questioned whether or not they will be providing any additional parking spaces to which Hennes stated they are not. Loso stated that there will be fewer sisters living in the new hall. Deutz clarified that they are requesting a 100%variance for the parking requirements. Rieke stated that rather than granting the total variance, the City should recognize that they have enough parking available with the total parking spaces at the Monastery. Weyrens suggested that the facts of finding should state that they will designate parking for the new facility on their parking plan. Rieke made a motion to recommend that the Council approve the variance to the Monastery of St. Benedict accepting the parking plan as identified. The motion was seconded by Deutz and passed unanimously. Monastery of St. Benedict -Development Plan: Weyrens stated that the Monastery of St. Benedict has also presented a development plan to construct a three story residential structure. The development plan meets the requirements of the E & E Zoning District. The City Engineer has identified a few outstanding utility issues which will be resolved before a building permit is issued. Deutz made a motion to approve the Development Plan for the new residential structure at the Monastery of St. Benedict contingent upon approval of the City Engineer. The motion was seconded by Wick and passed unanimously. Collegeville Development Group - CR121 Housing Development: Weyrens stated that previously the Planning Commission reviewed a concept plan that included high density housing adjacent to College Avenue/CR 121. The development was presented by Collegeville Development Group. The Planning Commission accepted the concept plan and the developer started the platting process. Weyrens stated that recently the staff met with the Developer to review the preliminary plat details. During this meeting it was noted that the preliminary plat would require a number of variances. The Developer has requested to appear before the Commission as they were of the understanding the Planning Commission authorized them to move forward and staff had indicated the plan is non compliant with City Ordinances. Jim Degiovanni approached the commissioners representing Collegeville Development Group. He stated that based on strict adherence to the St. Joseph Code of Ordinances the plat entitled CSB Villages does not work. The plat requires the utilization of the PUD process which requires 20 acres for housing developments. The proposed plat does not contain the required area and a variance does not apply. He stated that they are requesting that the City review the Ordinances for possible amendments or that they allow variances to allow for the development. Loso questioned the City Attorney as to his opinion. Jovanovich stated that the Developer is asking the City to amend the Zoning Ordinances through variances. Degiovanni added that they have been working October 1, 2007 Page 5 of 5 on this development for the past 14 months. Since then, they have met with staff several times and they cannot make the development fit based on the current R4 and PUD Ordinances. He stated that they are not asking for approval, rather direction for the project. Degiovanni stated that the biggest problem is that the R4 Ordinance requires that they follow the PUD process; however, a PUD requires a minimum of 20 acres. They have 10 acres of which 1.9 will be made up of streets, 1 acre for a drainage area and the remaining acreage would be used for potential housing. Based on the minimum lot requirements, they would only be allowed 44 units and they are requesting 46.Originally, they brought the plan to the City for the entire 53 acres of which 43 would remain the property of the College of St. Benedict. At that time, the City stated that they did not like the plans as presented and were instructed to only plat the portion being developed. Degiovanni stated that this development would be senior housing. They are planning a mix of 2, 1 %:, and 1 story homes. They are requesting that the street width be reduced to 60'. Deutz questioned the developer by stating that the current plan is not consistent with previous plans. With the new housing styles, there are more variances needed. Degiovanni suggested that they plat the area as a CIC. Graeve questioned whether the City would allow private streets in the development as requested. Deutz stated that there are private streets in other areas and they have had trouble and thus, the City does not want to repeat that. According to Degiovanni, they are the first developer to go through the R4 development process. Loso stated that the intent of the R4 Ordinance is not to allow for developers to squeeze homes onto 40' lots, rather to create a retirement living area. Rieke stated that, in his opinion, the question is whether or not this is a good fit for the residents that would live in this development. He stated that he thinks it may be a good fit. Wick agreed by stating that it looks like a good concept. Jovanovich stated that, based on his experience, the City may want to look at how other Cities handle developments such as this. Deutz suggested that the City review the possibility of a PUD for 10 acres as well as possible amendments to the R4 Ordinance. Jovanovich stated that it may be better to amend the zoning ordinance rather than grant variances to allow for development. Loso stated that the City has Ordinances for a reason and they should not be changed to allow for a development to meet the Ordinances. Kalinowski agreed with the developer stating that they are the first to work with the R4 Ordinance and thus the City should review the Ordinance for any changes necessary to allow for development. After considerable discussion the Planning Commission agreed to discuss the R4 Ordinance to determine the intent and if the provisions should be modified. Ad'ourn: Anderson made a motion to adjourn; seconded by Wick and passed unanimously. ~~ ~~~ J d Weyr ns d inistrator