HomeMy WebLinkAbout[05] Interim Use Permit - Brian Virnig(.t7'Y QF 1T. JIhN:I'H
Planning Commission Agenda Item 5
MEETING DATE: August , 2009
AGENDA ITEM: Public Hearing, Interim Use Permit
Brian Virnig, 418 Elena Lane
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
granting an Interim Use Permit to Brian Virnig allowing an owner occupied rental unit at 418 Elena Lane
with a maximum density of two tenants.
PREVIOUS PLANNING COMMISSION ACTION:
BACKGROUND INFORMATION: Brian Virnig submitted an application for Interim Use to allow a rental
unit at 418 Elena Lane. 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 Brian
Virnig to operate an owner occupied rental unit at 418 Elena Lane.
~ CITY OF ST. OS~PH
1
wWW cityofstjoseph.com
Public Hearing
City of St. Joseph
Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, August 3,
Judy DUeyrens 2009 at 7:15 PM. The purpose of the hearing is to consider an Interim Use permit to allow an
owner occupied rental at 418 Elena Lane. The property is legally described as Lot 5, Block 2,
Graceview Estates 2.
Mayor St. Joseph Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows:
Al 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
S a natural person, and all owners must occupy the property as their principal residence. The
teve 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 Wick Bryan Virnig, 418 Elena Lane, St. Joseph, MN 56374 has submitted the request for Interim
Use.
Judy Weyrens
Administrator
Publish: July 17, 2009.
zs College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374
Phone 3zo.363.7zoi Fax 3zo.363.o34z
~P R
STATE OF MINNESOTA )
ss
COUNTY OF STEARNS )
NAME:
ADDRESS:
APPLICATION FOR INTERIM USE PERMIT
City of St. Joseph
25 College Avenue N
PO Box 668
St. Joseph, MN 56374
Phone (320)363-7201 or Fax (320)363-0342
JUN 3 0 2009
CITY GF S7. JOSEPH
Fee 5 ~~f1 Tlr!)
Paid
Date ~- ~VJ~~
PHONE: ~ ~ G ~~U ~D,~~
1/VVe, 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 io conduct the following:
~~~~~~~
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 sheet if necessary):
3. Present zoning of the above described property is: 'Q~ ~~ f
4. Name and address of the present owner of the above described land:
~!~ ~~~~ G~~ ,Sf~_ ~os~-~1 ~~ , /~-~ /1~ ~ ~ ~7~
5. Is the proposed use compatible with the future and present land uses of the area? Please explain:
Yes ~" No
~lr~~ l~~S ~ C~.~~I~iC~.~
6. Will the proposed use depreciate the area in which it is proposed? Please explain:
("" Yes r-~C. No
~~~'~~~ t~~S'`C~-C.~~JC~-"9
7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain:
(~ Yes ~'", No
~~~.~ ~l Sri ~1( I V~~
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8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
~`. Yes ~' No
;3 ~C~c~~ li Ut`l ~~ ~~'~
Attached to this application, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature:
Applicant Signature:
Date: _ ~~
Date:
FOR OFFICE USE ONLY
Date application submitted: ~ - -"~ ~ - ~ ~ Date application completed:
(Planning Commission Action: (-, Recommend Approval ~ Recommend Disapproval Date of Action:
City Council Action: r; Approved r Disapproved Date of Action:
Date Applicant/Property owner 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.loseph 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 shall provide the following:
MATERIAL REQUIRED
1. Additional written or graphic data reasonably
required by the Zoning Administrator or the
Planning Commission as described below:
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
verifying ownership.
3. Required Fee. $400.00
COMPLETE
Yes
(-' No
r
Yes
No
Yes
No
zuua'I!~ble. f~~~ u~u~y
COMMENTS
CITY OF ST. JOSEPH Prim Form
25 College Avenue Norfh, St. Joseph MN 56374
(320) 363-7201
AFFIDAVIT OF RESIDENCY
Applicant Name ``
Address l/lam f r/~~~ ~~/l~ Number of Tenants
Zoning ~R1, Single Family (' B1, Central Business (' 62, Highway Business
Ownership Copy of deed showing Requirement
Requirement r 50 % ~ 100% interest must be attached fulfilled ~-, Yes (~ No ~"', N/a
I \ being of legal age, do hereby by attest and affirm the following: ~ ~~ ~~~) ~~
1. My primary esidence is ~(D ~>lP/~f:r! ~~~ 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 deliberater 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 Date ~
State of MN
County of Stearns
On this ~ da of 'J~.l~ , 20 V - .before meSLt I"~/~ ~~(~ ~~ . a notary public, personally
appeared ~Y) I I~ proved on the basis of satisfactory evidence to be the person(s) whose name (s)
is (are) subscribed to this instrurri nt, and acknowledged (he/she/they) exectuted the same. Witness my hand and official seal.
S //,~ /4
Notary Signature 1//l//rv/V~.,~
SARAH BIALKE
NOTARY PUBLIC -MINNESOTA
~~ ~+~ ~ My Commission Expires Jan, 31,2010
DEED TAX DUE: $ 517.77 Form No. 7-M- WARRANTY DEED
Corporation, Partnership or Limited liability Company
Date: Tune 05, 2009 to Individual(s)
FOR VALUABLE CONSIDERATION, R&R Investments of Central Minnesota, LLC, a limited liability
company under the laws of Minnesota, Grantor, hereby conveys and warrants to Bryan M. Virnig, Grantee,
real property in Stearns County, Minnesota, described as follows:
Legal Description attached hereto as Exhibit A and by this reference incorporated herein.
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
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 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.
U.S._Minnesota _Warranty Deed (Corporate/Individual) Rev.(7/12/04) Page 1 of 4 Pages
Affix Deed Tax Stamp Here
R&R Investments of Central Minnesota, LLC, a
Minnesota limited liability company
~`~ _~_ ~
By: Robert P. Herges, P~sid~(it
~~
By: Renee G. Klein-Herges, Vice
President
STATE OF MINNESOTA }
} ss.
COUNTY OF STEARNS }
This instrument was acknowledged before me on Tune 05, 2009, by Robert P. Herges, the President of
R&R investments of Central Minnesota, LLC a limited liability comp y under the laws of Minnesota,
on behalf of the limited liability company. ~/ ,~~
NOTARIAL STAMP OR SEAL (OR OTHER TITLE
TABITHA A. JOHNSON
NOTARY PUBLIC -MINNESOTA
" :,„;. My Commission Expires Jan. 31, 2010
SIGNATURE (~~ NOTARY PUBLIC OR OTHER OFFICIAL
Check here if part or all of the land is Registered (Torrens) J""")
Tax Statements for the real property described in this
instrument should be sent to (include name and address of
Grantee):
U.S._Minnesota _Warranty Deed (Corporate/Individual)_Rev.(7/12/04) Page 2 of 4 Pages
STATE OF MINNESOTA }
} ss.
COUNTY OF STEARNS }
This instrument was acknowledged before me on Tune 05, 2009, by Renee G. Klein-Herges, the
President of R&R investments of Central Minnesota, L C a limited liabi ' company under the laws of
Minnesota, on behalf of the limited liability company.~= A -~
NOTARIAL STAMP OR SEAL (OR OTHER TTfLE OR RANK):
TABISHp p. JOHNSON
NOTARY PUBLIC -MINNESOTA
.~ My Commission E„pires Jan. 31, 2010
THIS INSTRUMENT WAS DRAFTED BY
first American Title
14 10th Ave South, Suite 170
/aite Park, MN 56387
102633
SIGNATURE ~Fj~IOTARY PUBLIC OR OTHER OFFICIAL
Check here if part or all df the land is Registered (Torrens) j"`~
Tax Statements for the real properly described in this
instrument should be sent to (include name and address of
Grantee):
Bryan M. Virnig
418 Elena Lane
St. 7oseph, MN 56374
AND
U.S._Minnesota Warranty Deed (Corporate/Individual)_Rev.(7/12/04) Page 3 of 4 Pages
EXhIBIT 'A'
Lot 5, Block 2, Graceview Estates Two, Stearns County, Minnesota.
U.S._Minnesota _Warranty Deed (Corporate/Individual)_Rev.(7/12/04) Page 4 of 4 Pages
Resolution of finding
The request of Bryan Virnig for an Interim Use Permit request came before the Planning Commission at a public
hearing held on August 3, 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 5, Block 2 Graceview Estates 2, 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 418 Elena Lane.
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 rooms) 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 Bryan Virnig, 418 Elena Lane, 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. 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 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
Sr. Kathleen Kalinowski, Planning Commission Chair
Judy Weyrens, Administrator
Location Mai - 418 Elena Lane
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uisciaimer; !his map is neither a legally recorded map 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 be used for reference purposes only.
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