HomeMy WebLinkAbout[07a] Annual Review of IUPf.1T~l' QN 1T. Jlrihl'H
Council Agenda Item l
MEETING DATE: August 20, 2009
AGENDA ITEM: Planning Matters -Annual Review of Interim Use Permits
SUBMITTED BY: Administrator
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on August 6, 2009 to consider the renewal of the Interim Use Permits which allow owner
occupied rental units or rental units in a B2 Zoning District. The Planning Commission recommended
approval of the permits for those that completed the application process. The attached table indicates
the approved interim use permits.
PREVIOUS COUNCIL ACTION: None
BACKGROUND INFORMATION: The Planning Commission had considerable discussion on the impact of
Ordinance violations and if the license could be suspended. Since the last Planning Commission meeting
staff has discussed the management of rental properties and what rights the City has. The City Attorney
indicated at the staff meeting that the City has the authority to not renew a rental license for violations.
The property is issued an interim use permit with conditions; this gives the City the authority to suspend
or revoke a license. This information will be relayed to the Planning Commission at the next regular
meeting.
As you will see from the attached, property owners not completing the process were notified that they
no longer qualify for a rental license. The City Office has recently received an application for renewal
for Timothy Ortman, so that will be presented to the Planning Commission at the next meeting.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Planning Commission request for action; Resolution of Findings, application,
parking agreement, lot layout, vicinity map, Draft Minutes
REQUESTED COUNCIL ACTION: This is an update on the Interim Use Permits
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Council Agenda Item 4
MEETING DATE: August 3,2009
AGENDA ITEM: Annual Interim Use Permit Review Owner Occupied Rental Units
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Recommend renewal of the Interim Use Permits for applicants that have
completed the renewal process.
PREVIOUS PLANNING COMMISSION ACTION: The table listed in the background information is a
summary of current Interim Use Permits have been issued by the City of St. Joseph. All the Interim Use
Permits include a provision that requires annual review assuring compliance with the St. Joseph Code of
Ordinances.
BACKGROUND INFORMATION: On July 7, 2009 the City staff mailed applications to all property owners
with active interim use permits. last year was the first year applicants were required to complete a
formal application. We have amended the application for ease in tracking and to allow for historical
tracking of violations. Due to the amount of work involved with tracking and processing the renewal, a $
40 annual fee has been charged. This fee was approved by the City Council in February of 2009.
We also require all property owners issued an owner occupied interim use permit to provide proof of
ownership and sign and affidavit of residency. Using an affidavit of residency gives the City legal remedy
if they are in violation of the ownership requirement.
The attached table illustrates the Interim Use Permits that are eligible for renewal provided they still
met the Ordinance requirements and have completed the renewal process. They are not required to
complete the rental license process before renewal, but they must meet the August 15 licensure
deadline.
As you can see from the applications, the property at 409 College Avenue continues to have violations.
The Planning Commission needs to determine how they will handle violations of Ordinances and how
many will be tolerated before suspending or revoking the Interim Use Permit. All Interim Use Permits
are issued with the contingency that there are no Ordinance Violations.
The applications for Capecchi, Deter, Eisenschnek, Hulquist, Patnode, Pekarek, Rorabeck and Leiser are
not complete and letters have been sent stated that their Interim Use Permit will expire on August 15,
2009. (See Attached) This year the City did not place an ad in the Newsleader, rather, it was placed in
the City Newsletter which is distributed to all property owners with a utility account.
ATTACHMENTS: Newsletter with notice of hearing, applications for renewal and affidavit of
residency. (We have the proof of ownership in the office and did not include), letter notifying
termination and letter for application.
REQUESTED PLANNING COMMISSION ACTION: Staff is recommending approval of the applicants that
have completed the renewal process and terminate the licenses that have not completed the process.
Staff is also requesting that the Planning Commission consider what action if any is to be taken for
multiple and repeat violations at 409 College Avenue N.
Interim Use Public Hearing-
Consideration for renewal of Rental
Licenses
The St. Joseph Planning Corrunission will be conducting a
public hearing on Monday-. Au,ust ~. 2O09 at 7:0(1 to con-
sider renewal of the Interim Use Permits as they relate to
rental licenses. The follo~~ing rental licenses ~~~ill be consid-
ered:
1(11-5th Ave NW 209 MN St W
106 Jasmine Lane 34 College Ave N
1306 Iris Lane 224-17th Ave SE
1114-1st Ave NW 415-7th Ave SE
~ 10 Fir St 133-5th Ave SE
3(12-7th Ave SE 308-1(><h Ave SE
117-4th Ave SE 221 Birch Street W
6U6 Graceview Dr 4U9 College Ave N
321 Cypress Dr 3U Birch St W
119 College Ave N 4U3-1st Ave NE
All persons wishing to speak will be heard and oral testimony
will be limited to five minutes. Written testimony may be
mailed to: Cih~ Administrator: PO Bow 668: St. Joseph MN
56;74.
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V o r a - v •• v - c u o ~ o. - v «~ v
- ~. CITY OF ST. OS~PH
1
x~w~~•, cityo{stjoseph.com
July 28, 2009
William Capecchi
209 Minnesota Street West
St. Joseph MN 56374
Administretor RE• 209 Minn St E
Jud)- ~evmns •
Dear William:
Mayor
AI Rassier
Please be advised that your Interim Use Permit to albw a rental license at the
Councilors aforementioned address is scheduled to expire on August 15, 2009. On July 7, 2009 the City
Steve Frank Office Staff mailed renewal applications and requested that all material be submitted no
Bob Loso later than July 24, 2009. As of the date of this letter the City Office has not received your
Renee. Symanietz renewal material.
Dale Wick
Therefore, your property located at 209 Minn Si E is not eligible for a rental license and your
interim use permit has been moved to the inactive file. If it is determined that you are
continuing to rent your property without a license, the matter will be turned over to the St.
Joseph Police Department for legal remedy.
If you have any questions or need additional informaYwn please feel free to contact me at
320.363.7201.
Sincerely,
CITY OF ST. JOSEPH
J y yrens
A nistrator
cc: Gary Utsch, Rental Housing Inspector
Pete Jansky, Police Chief
St. Joseph Planning Commission
zc College Avenue North PO Box o68 Saint Joseph, Minnesota 56;74
Phone yzo.;63.7zoi Fax 3zo.36;.o;qz
~ CITY O~ ST. OS~PH
a~~a-~c~. cityof stjoseph.com pECEIVED
~t,~~ 13 2009
July 7, 2009
CITY OF ST. JOSEPH
Bryce Deter
106 Jasmine lane
St. Joseph MN 56374
Administrator RE: Interim Use Permit Renewal For 106 Jasmine Lane
(udy Weyrens
Dear Bryce:
Mayor Our records indicate that the property listed above is operating as rental property through
AI Ressler the issuance of an Interim Use Permit. The Planning Commission will be reviewing all rental
license Interim Use Permits on August 3, 2009 at 7:00 PM.
~UnCllors
Steve Frank In order to be considered for renewal, the attached application must be returned to the City
Bob Loco Offices no later than July 1T, 2009. The applications have been completed in part, please
Rcncc Symanietz check all appropriate boxes and sign the application. All applications for owner occupied
Dale Wick rental must include a recent copy of the deed verifying percentage of ownership. Please
note that the signature must be notarized. Incomplete applications will not be accepted. Ali
appliKations must also include the $40.00 renewal fee. This fee has been established to
offset the cost of administering the Interim Use Permits.
If the City Office does not receive your oppllcotion and fee by July 28, 2009 your IMerlm Use
Permit will expire and the property will not be ellplble for a rental liunse for the yeor 2009-
2010 or ony succeedl-~r year.
If you have any questions or need additional information please feel free to contact me at
320-363-7201.
Sincerely,
CITY OF ST. JOSEPH
~ ~ ,~~
~G%2~~
1u yrens
Administrator
cc: Gary Utsch, Rental Housing Inspector
"~~-13 Yc ~s~enf nofiCz 'b Y1i1r~ ~.e~/
z5 College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374
Phone ;zo.36i.7zor Fax ;zo.;6;.o;qz