HomeMy WebLinkAbout2008 [05] May 05May 5, 2008
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Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Monday, May 5, 2008 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair Kathleen Kalinowski, Commissioners Ross Rieke, Mike McDonald, Mark
Andersen, John Meyer and Dale Wick, City Administrator Judy Weyrens
Others Present: Andy Rose, Cleo O'Boyle
Minutes: Rieke requested the minutes of April 7, 2008 reflect that he arrived shortly before approval of
the minutes. Meyer made a motion to approve the minutes of April 7, 2008 as corrected. The
motion was seconded by Anderson and passed unanimously.
Agenda: Wick made a motion to approve the agenda; seconded by McDonald and passed
unanimously.
Public Hearing -Interim Use Permit. 606 Graceview Drive: Chair Kalinowski called the hearing to order
and stated that the purpose of the hearing was to consider an Interim Use Permit to allow an owner
occupied rental in an R-1 Single-Family Zoning District. The property is legally described as Lot 44 Block
3, Graceview Estates.
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 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 was submitted by Andrew Rose.
Andrew Rose, 606 Graceview Drive, approached the Commissioners on his own behalf. Rose stated that
he is seeking approval to operate an owner occupied rental unit with a density of one person to help
defray living costs. Once approved, he will complete the rental licensing process assuring his property is
in compliance with the Ordinance.
Kalinowski opened the floor to the public for comments and/or concerns.
Cleo O'Boyle, 620 Graceview Drive, approached the Commissioners questioning the density of the
proposed rental unit. She stated that she does not have a problem with Mr. Rose living at the dwelling
and renting a room, but does not wish to see the property converted to a student rental unit. Meyer
advised O'Boyle that the residential Zoning Districts have become more stringent and do not allow for
absentee landlords.
With no one further wishing to speak, the public hearing was closed at 7:10 PM.
McDonald questioned the maximum density allowed as the Ordinance allows for two tenants. He
questioned whether that would mean two additional tenants or one tenant and himself. Weyrens stated
that the Ordinance would allow for two tenants in addition to the property owner provided the house
meets the Ordinance requirements for space and parking. Rose clarified that he is only seeking approval
May 5, 2008
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for one tenant. Wick clarified that the Interim Use Permit will be contingent upon an inspection by the
rental housing inspector.
Anderson made a motion to authorize the Planning Commission Chair and Administrator to
execute the Resolution recommending the Council issue an Interim Use Permit to Andrew Rose to
operate an owner occupied rental unit at 606 Graceview Drive. The motion was seconded by
Meyer and passed unanimously.
Ordinance Amendment - 52.08 Non Conforming Use: Weyrens reminded the Commissioners that the
public hearing for the proposed Amendment to Ordinance 52.08 was held on April 7, 2008. At that time
the Commission requested clarification on the following two provisions:
1. Determination of Market Value -The Commissioners questioned who will determine the market
value and what the process for appeal is if the property owner does not agree.
2. Building Permit -The first amendment included language that prohibited the securing of a
building permit after an event if a building permit has been secured within 180 days of the event.
Weyrens stated that the draft before them at this meeting contains the revised language clarifying that
disputed market values can be appealed to the Zoning Board of Appeals which is the Planning
Commission. With regard to the restoration if a building permit has been issued 180 days before the
event, permits issued before the event do not nullify the property owner from rebuilding after the event.
The commissioners questioned the following:
• Subd. 2: Continuation of Non-Conforming Use.
"...Ordinance may be continued, including through repair, replacement..."
Kalinowski questioned whether the word through was needed in the sentence or whether it should be
changed. Weyrens stated that it seems as though it should be removed, but she would verify.
• Subd. 8: Restoration After Destruction.
"...within twelve (12) months of the happening and that it be built of like or similar materials..."
Andersen asked for clarification on this. Weyrens stated that they must use the same type of material
to rebuild. If the original structure was brick, they would need to use brick and so forth.
Subd. 2: Continuation of Non-Conforming Use.
"...The City shall obtain the appraisal referenced above if, following receipt of an application for a
building permit after the 180 day period..." Wick questioned whether a person can rebuild if they
apply for a building permit after 180 days from the date of the damage. Weyrens stated that it should
read within rather than after, as they must apply within the 180 day window.
The Planning Commission requested clarification on the continuation of Non conforming use verifying if
the building permit must be applied for within 180 days or if they can after 180 days of an event. By
consensus the Commission tabled action on the proposed amendment to June 2, 2008.
Ad~iourn: The m~ee~ting was adjourned at 7:20 PM by consensus.
u Weyrens
A inistrator