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Home My WebLink About[06] Interim Use Permit - Brian Virnig~`-'''~~ crr-°o~ ~T ~inhrH Planning Commission Agenda Item 6 MEETING DATE: Augusta and August 31, 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: The Planning Commission tabled action on this matter on August 3, 2009 as the property owner was not present. 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. UPDATED REQUEST FOR ACTION Since the last meeting, Brian Virnig was contacted and informed that if he intended to receive an Interim Use Permit he needed to attend the meeting. He acknowledged getting the notice but did not remember that he needed to be present. ~. CIYY O~ ST. OS~PH 1 WW~.cityof stjoseph.com Public Nearing City of St. Joseph Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, August 3, ~udy Weyrens 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 a natural person, and all owners must occupy the property as their principal residence The Steve 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. z5 College Avenue North PO Box 668 Phone 3zo.363.7zoi Saint Joseph, Minnesota 56374 Fax 3zo.363.o34z STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) NAME: 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 /~~ Ui~ty~i JOIN 0 209 CfT`' OF S1. J~SEPN Fee $ ~~i~.~ ~~ Paid //11 Date ~- ~U~(Y~ PHONE: ~ ~1 G ~3~ ~~,~~ ~~ II, l ~ ~/ ADDRESS: - _~'T 1 ~- 1~1~~~'_ ~~fi',~'l ~' , J7 • .~C~SCUD/ t .. ~t t1 ~ ~C:~ ~7`1 I/We, 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 to conduce 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 sheer if necessary): G~I~ ~ l~r~ ~~~~~ 3. Present zoning of the above described property is: ° ' '~~ _ _ 4. Name and address of the present owner of the above described land: ~~~~r~ UI ~ p I ~~~ ~1~~ ~ -Sf -_ ~Qse-~1~} , /l,~/U ~~ ~7~ 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: ~` Yes ~`; No ~rl r~;~7' 1~~,5i C~~~iC~ 6. Will the proposed use depreciate the area in which it is proposed? Please explain: r Yes No y 7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain: (~ Yes ~"; No 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: Yes ~'"', No t~ cL~ ~rUc`1 ~ ~~'~ ~ ~ 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: !" Approved (~ 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. Joseph 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. 1t 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 (~l r~rr~crt-~ j ~~ ;~1 -~.ar~~ ~~~1 rr~~ z ~~A.,`< <~,bl ~ fir~~ cc~~y COMMENTS CITY OF ST. JOSEPH Print FOrm 25 College Avenue North, Si. Joseph MN 56374 (320) 363-7201 AFFIDAVIT OF RESIDENCY Applicant Name ~l ~ Address l/l~ ~ ~~~~~-f ~~~,~, Number of Tenants ~~' Zoning r4?'R1, Single Family {' B1, Central Business C 62, Highway Business Ownership YY~~ Copy of deed showing Requirement Requirement o interest must be attached fulfilled N/a ii ~ SO % 100 /o ~'"' Yes ("~ No (~ I~Y ~]r,~ 11l ~ l~'V1 G being of legal age, do hereby by attest and affirm the following: ~ ~~' ~~~) D~ 1. My primary esidence is ~~! L> ~fP/~~ ~,~~~~ 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. 1 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 /,~ ~ -~' ^ ~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ r ^ ^ ^ ^ ^ ~ • ^ ^ ^ ^ • ^ • State of MN County of Stearns On this ~ da of './~.1~ , 20 V ~ .before meS(~ `~ ! ~~~ l !~-tj' , a notary public, personally appeared ~~ T ()~ proved on the basis of satisfactory evidence to be the person(s) whose name (s) is (are) subscribed to this instru nt, and acknowledged (he/she/they) exectuted the same. Witness my hand and official seal. Notary Signature ( '~ ~,~~ - SARAH BIAIKE NOTARY PUBLIC • MINNESOTA ':n~::~ ~ My Commission Expires Jan. 31, 2(110 OFFICE OF COUNTY RECORDER STEARNS COUPJTY, MINNESOTA ~~ ND [3ELIIVCIUEN T TAXES AND Document # 1291614 ~. TBANSFERENTERED ~~ O~ Certified, Filed, and/or Recorded on ~~~ T DATE 07-02-2009 at 02:41 PM 1 r AUDITOR i ~,~;,.~~z"~~ ~ e DIANE GRUNDHOEFER ~ ~ STEARNS COUNTY RECORDER D~PI~.~Y __ + ~`~ - S 3 S 3 _ ~ 13~ ~~c~~v~a 3 AUG 0 3 20pg DEED TAX DUE: $ 517.77 Form No. 7-M- WARRANTY DEED C~' '! `F ST ~~.~~5~PN 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 SCR ~_ ®~ Affix Deed Tax Stamp Here R&R Investments of Central Minnesota, LLC, a Minnesota limited liability company 'ii`,-i~~~- By: Robert P. Herges, P~defit ~zt/ ,, By: Renee G. Klein-Herges, Vice President STATE OF MINNESOTA } } ss. COUNTY OF STEARNS } This instrument was acknowledged before me on June 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. ~; ~~ ,_~g~ NOTARIAL TITLE OR RAN TABITHA A. JOHNSON NOTARY PUBLIC -MINNESOTA :;K;r~ My Commission Expires Jan. 31, 2010 U.S._Minnesota _Warranty Deed (Corporate/Individual)_Rev.(7/12/04) SIGNATURE m~ NOTARY PUBLIC OR OTHER OFFICIAL Check here if part or all of the land is Registered (Torrens) Tax Statements for the real properly described in this instrument should be sent to (include name and address of Grantee): ~~ Ff~Sl~7 t`i~tllL~i~9 rrr`n:"v:c8 i7~FC7r.~j.J~~i L~L1J! !A 1; ~' h i )) Page 2 of 4 Pages STATE OF MINNESOTA } } ss. COUNTY OF STEARNS } This instrument was acknowledged before me on June 05, President of R&R Investments of Central Minnesota, Minnesota, on behalf of the limited liability company._ _ _._ __ . __ .............. .............. _... _.......... _........... . ._........ NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK): ~'~~~ TABITHA A. JOHNSON NOTARY PUBLIC - MINNESO~o 0 '~ ~ My ~pmmission Expires Jan. 31, .:~' DRAFTED BY (NAME first American Title 14 10th Ave South, Suite 170 /aite Park, MN 56387 102633 U.S._Minnesota _Warranty Deed (Corporate/Individual)_Rev.(7/12/04) 9, by Renee G. Klein-Herges, the V I C e. a limited liab~ty company under the laws of . ~ - _ /I ~ l1 /1 SIGNATURE OFj~JOTARY PUBLIC OR OTHER OFFICIAL Check here if part or all d~ the land is Registered (rorrens) Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): Bryan M. Virnig 418 Elena Lane St. Joseph, MN 56374 AND Page 3 of 4 Pages EXHIBIT 'A' Lot 5, Block Z, Graceview Estates Two, Stearns County, Minnesota. U.S._Minnesota _Warranty Deed (Corporate/Individual)_Rev.(7/12/04) Page 4 of 4 Pages UataV~ewUnlme Map Yage 1 of I Location Map - 418 Elena Lane ~ J5'1 ~ 32a 33-333 343 3fi4 1 ,_ r,•,_I *1_ ~:~.. .c• , -~ -J--~ - - i i - I 71rJ 7Ci{i 414 ArJE II I II _ 41 {i ~ 4Ci9 .i ~ -- - -- I - ~ ~ Sr ~ __ , ' '411413 415. ~ 41b - -- i J 50b f I ~ 1 . _ - i 420 ~ 5fl4 ~ 5 t 2 520 524 ~ _ _ 421 . ! r" 422 45{i - I 51f - ~ 42., -.~ ' _ i - ~ i 4` i - i I ~.r ;; 52b ~ , 420 ~~ 517 51G 522~~~~. ~~ 4.55 '45E 5f15` 515 532. { ' _ ~ ~ i 45'1 ~ ` J25 I~ 5.J' 6 I ~ ~ I I r i- 1 4b0 - h 515 - -. 514 i . _. -- - , ~ r _ - .- ~ 447 f _- -- ~ 44i, - = ~ 5ld- ' 51t"1 ~ -- 445 442: ' ' i + 500-_ ~ -- _ ; 43+3 . ~. ' ~( I _.,_ -. 505. - 407 ' ~ 4.34 I ~` 403 411 425 ~ _ -_ I 415 ~ i `•' ~' ~h,u ; P . . 501 , ~ ^ 42£f .4 I !' `~ 4U2 405 4 10 I .11 422 . a a a a a-a -a a r a a, a~ _a a..a ~-a ar a~ -a~ .a ,... a-. a. r-i a s-r A s a a I I i I 2t~772 ~ I ' 2945 ~ s. [- x ~. I~ .- za4az _- ---_---- -- - _ -~i ~ ;, --- 2`.+843 it I i Copyright CC: SEH 2003 545 +1 ~, Disclaimer: This 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. https://portal.sehinc.com/sehsvc/html/dvo/mapLayout.htm 7/13/2009 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 pistrict. 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. Due to lack of representation, the matter was tabled until August 31, 2009. 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 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 has been submitted by Bryan Virnig, 418 Elena Lane, St. Joseph MN 56374. Notice of this matter was duly served and published. Inconsideration 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. loseph 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. loseph 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 Michael Deutz, Acting Planning Commission Chair Judy Weyrens, Administrator