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Home My WebLink About2008 [06] Jun 02June 2, 2008 Page 1 of 3 Pursuant to due-call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, June 2, 2008 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Kathleen Kalinowski, Commissioners Ross Rieke, Mike McDonald, Mike Deutz, Mark Andersen and Dale Wick, City Administrator Judy Weyrens Others Present: Margy Hughes, Paula Revier, Kara Hennes, Thomasette Schuler, Bill Fahraey, Katherine Kraft, Tom Klein, Jeanette & Robert Pfannenstein, Joyce Stock Agenda: Deutz made a motion to approve the agenda as presented. The motion was seconded by Andersen and passed unanimously. Minutes: Wick made a motion to approve the minutes of May 5, 2008. The motion was seconded by McDonald and passed unanimously. Public Hearing -Interim Use Permit. 201 Minnesota Street E: Kalinowski opened the public hearing 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 legally described as Lot 9 Block 1, Loso's 4'" Addition. St. Joseoh 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. Laverne Harris, 201 Minnesota Street E, St. Joseph, MN 56374 has submitted the request for Interim Use. Jeanette "Nettie"Pfannenstein, 208 E Ash Street, approached the Commissioners representing the neighbors that were unable to make it to the hearing. She stated that Mr. Harris was using the property as rental during the rental moratorium period and the number of tenants exceeded what would have been allowed if a moratorium was not in place. Pfannenstein clarified that her understanding of the Ordinance is that the property owner can only have two tenants in an R1 Zoning District and she expressed concern that Mr. Harris might exceed this provision. She also addressed her concern about the large shed on the property being turned into a car repair shop. In the past, it appeared that he was repairing old cars and City Ordinance does not allow for him to perform car repairs in a R1 Zoning District. While Mr. Harris was renting without a license there were issues with cars parking along the alley reducing the right of way. She would like to have him made aware of the permitted parking areas. Pfannenstein stated that she understands that the taxpayers have no control over the issuance of the Interim Use Permit; however, she would like to make sure that Mr. Harris adheres to all City Ordinances. Laverne "Vern" Harris, 201 E Minnesota Street, appeared before the Commissioners as the property owner requesting the Interim Use Permit. McDonald questioned Harris as to how long he has lived at the property. Harris replied that he purchased the home on October 31, 2007. Weyrens questioned Harris as to the concern of Pfannenstein regarding the garage being used for a car repair business. Harris stated that he does not now, nor does he plan to operate a car repair business out of that garage. He did state that he would like to have a woodworking shop in the garage. McDonald questioned the size of the house to which Mr. Harris replied that there are 4 bedrooms, 2 bathrooms, family room, dining room, sunroom, kitchen along with a full attic and a full basement. Kalinowski addressed the rental issue and questioned if he had tenants prior to applying for the Interim Use Permit. Harris stated that he did, atone time, have up to four tenants living in the home with him. Kalinowski clarified that he was operating a rental without a rental license. Wick stated that a compliance June 2, 2008 Page 2 of 3 order was sent to Mr. Harris notifying him that he was unable to rent without a license. Wick questioned whether he has enough parking to which Harris replied that there is ample parking with the garage and driveway. Roger Beuning, 120 Minnesota Street E, submitted a comment via email which was read by Weyrens. In his email, Beuning addressed the frustrations of the neighbors regarding the rental saturation in their R-1 neighborhood. He asked that, if the City is going to allow numerous rental properties, that they enforce the City's Ordinances regarding the following: • Lawn mowing • Snow removal • Parking • Noise/Behavioral issues • Number of tenants allowed at a rental property • General neatness He questioned whether they, as taxpayers, have rights similar to those in the rental properties. Joyce Stock, 220 Ash Street E, approached the Commissioners and stated that the letter written by Mr. Beuning was excellent and she agrees with the content. She stated that she would like the City to make Harris aware that there are no differences between a renter and a permanent house guest. The public hearing was closed at 7:15 p.m. Deutz stated that this property was brought before the Commissioners at an earlier meeting at which they discussed a lot split. He questioned whether Harris purchased the entire area or just the lot on which the house sits. Weyrens stated that the records indicate that he only purchased the lot with the house. The remaining lot is a buildable lot which is still advertised for sale. Andersen questioned Weyrens as to the number of Interim Use Permits in this area. Weyrens stated that she was unsure of the number of Interim Use Permits; however, she stated that there are several other rental properties in the area. Deutz questioned how the issue of rental saturation was addressed in the amended Ordinance. Weyrens replied that the issue of rental saturation was not specifically addressed; however, to apply for an Interim Use permit, the owner(s) must now be 100% owners. Weyrens advised the Commissioners that the findings recommending approval of the City Council could be amended to include a provision acknowledging that only permitted home occupations are allowed in an R1 Zoning District. This provision would provide documentation that the operation of a car repair business is not permitted. McDonald stated that as he understands there are two issues before the Commission, with one being enforcement of current Ordinances and the second rights of homeowners to operate an owner occupied rental in an R1 Zoning District. Weyrens stated that the City has been enforcing Ordinances. For example, recently 130+ notices were sent to property owners notifying them to cut the weeds in their yards. Rieke stated that all violations should be enforced. McDonald made a motion to authorize the Planning Commission Chair and the City Administrator to execute the Resolution recommending Council approval for the issuance of an Interim Use Permit to Laverne Harris to operate an owner occupied rental unit at 201 Minnesota Street E with the following contingency: The property owner has been notified that the property is zoned R1 and the accessory buildings cannot be used for a business unless specifically identified in the Ordinance. The property cannot be used as a repair shop. Further, the City will enforce the parking and weed control. June 2, 2008 Page 3 of 3 The motion was seconded by Deutz and passed unanimously. Ordinance Amendment 52.08 Non Conformino Use: Weyrens stated that the Planning Commission has been discussing the draft amendment for the past months and the final draft is ready for consideration by the Planning Commission. McDonald advised the Commissioners that he looked at the draft amendment and had some suggestions: • Subd. 2: McDonald suggested that Subd. 2 be left in its original format. The proposed amendment adds language for the reconstruction which in his opinion should be left for Subd. 8. That subdivision is labeled Reconstruction. Weyrens stated that until recently a non conforming use could not continue if the structure was destroyed beyond 50%. Based on the new State Law a non conforming use can continue under two different situations: 1) the use does not cease for a period of one year and 2) an event that destroyed a structure beyond 50% can be reconstructed provided a building permit is secured within 180 days of the event. Therefore, section 2 must be modified to describe the two provisions. • Subd. 8: McDonald stated that the intent of the amendment was to add the provision that a building permit must be applied for within 180 days of the event if the structure is destroyed more than 50%. The proposed amendment is not clear and he would like this section amended. Deutz stated that in his opinion the Ordinance is argumentative and limited application in St. Joseph and many of the non-conforming structures are lower valued structures. Wick made a motion to table the amendment to Ordinance 52.08 Non Conforming Use until the July 7 meeting. The motion was seconded by McDonald and passed unanimously. Adjourn: The meeting was adjourned at 7:45 p.m. by consensus. /~~ ~~ /ii~~ ~.Le~ Ju eyrerSs A mi istrator