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HomeMy WebLinkAbout[04] Interim Use Permit, Luke BirrCrr~' pF tiT. Ji1SN:TH Planning Commission Agenda Item MEETING DATE: October 5, 2009 AGENDA ITEM: Public Hearing, Interim Use Permit Luke Birr, 212 Ash Street East SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Luke Birr allowing an owner occupied rental unit at 212 Ash Street East with a maximum density of two tenants. PREVIOUS PLANNING COMMISSION ACTION: When the Planning Commission and City Council were in the process of reviewing the rental Ordinance in 2000, a moratorium was placed on all rental units. During this same time, Linda Sniezek had requested a rental license for her mother's property as she could no longer reside at the house alone. She further had informed the Council that a relative was residing at the house and if the City did not allow the rental, it would be a hardship on the family financially. The Council allowed the rental to continue as long as the family member residing in the house at that time remains. The Council also included a provision that when Rose Viehauser passed away the rental status was lost and the Ordinance in place at that time would govern. BACKGROUND INFORMATION: The City Office contacted Linda Sniezek inquiring about the status of the property as the Police had indicated the property appeared be functioning as a rental unit. In addition, one of the Officers had a chance to talk to one of the persons occupying the property and he indicated that he along with others were renting. The property in fact was being utilized as a rental property and Sniezek was informed that property would need to be into compliance with the Ordinance that is, rental is only allowed if the property is owner occupied. Luke Birr has since purchased the property and has submitted an application for Interim Use to allow a rental unit at 212 Ash Street East. Birr is the same person that was residing at the property when I contacted Sniezek. 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; Contract for Deed coversheet along with receipt from Recorder Office, Resolution of Findings; Vicinity Map; past actions REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and Administrator to execute the Resolution recommending the Council issue an Interim Use Permit to Luke Birr to operate an owner occupied rental unit at 212 Ash Street E. ~. CITY OF ST. OS~PH 1 WWW. cityof stjoseph.com Public Hearing City of St. Joseph Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, October 5, ~udy ~Ueyrens 2009 at 7:00 PM. The purpose of the hearing is to consider an Interim Use permit to allow an owner occupied rental at 212 Ash Street E. The property is legally described as Lot 4, Block 1, Loso's 4'h Addition. Mayor St. Joseph Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows: AI 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 Steve Frank a natural person, and all owners must occupy the property as their principal residence. The B b L owners may not exceed two in number. For purposes of determining ownership, the o oso 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 V(~ick Luke Birr, 212 Ash Street E, St. Joseph, MN 56374 has submitted the request for Interim Use. Judy Weyrens Administrator Publish: September 25, 2009 ..._ 'as' TT -I t5 ~' 111a l 1 zzo w ~9{I5~ 203 ~20Ei~,2153221` '1 I ~U5 i _.r ~; = --' ~~ p [~ 212 220 } ~ 3Q2 18 31~ ~Q8 12U ~ 26 _1-~ ~ l i _.{ ~ z ~T,i • t....:_' 'za ~' 2.09 ~ ~ 12'1 ~' ! X13? i 125 ~. ~ i 'i ~ 4 3 212 Ash Street E zs College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374 phone 3zo.363.7aoi Fax 3zo.363.o34z vc~ ~ r r~~~ 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 STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) NAME: ~ ul~r ncis~ovr:,v SC ~' ~ 8 2009 Fee $ Paid Date PHONE: 32 O ' 2lcle- ~, ~ 1 ADDRESS: 2 ~ 1.. ~ . ~~ S-r. 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 conduct the following: Ow IfJF ~ d~ c. v p ~ +~.~-r~T ~ 2. legal description of land to be affected by application, including acreage or square footage of loud involved, and street address, if any (attach additional sheet if necessary): (,u-r N~ ~n Q,t ¢ Z ~ ~.( .~ Z-1.R AZT ~1~'1~ IJ ~~~1 s ~ C off- N v rh ~f.~~ ~,v~e i v~ ~ 1~k h~w.-~v~G~ o~ ~~ lSs~ S -E~o~.~ 1~ •~hcl~r -~--vn U t 11 a~e o•~r S ~ jr>S~ Qh, S~r1'~ N S c ~ . , -~I IJ 3. Present zoning of the above described property is: 'j ~ ~ ~FN.1. ~ ill 4. Name and address of the present owner of the above described land: ~,~ wF Uh , a vw 2(Z ~-x~s~- t~tsti S i ST•'~LSS~'Qt-~ ~ N ~ )~ 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: ~' Yes ~ No 6. Will the proposed use depreciate the area in which it is proposed? Please explain: ~ Yes ~ No t' T wow ~FQtec.ia'k l~C C.~SF ~ ~^-' i 11 ~ ~ ~ P~o~eJ`17 U~, 7. Con the proposed use be accomodated with existing City service without overburdening the system? Pleose explain: Yes ~ No T4~c..~F will o n I-j 3 F Thvee~~ k I,~,~ ~ ~ Pro ~e.'`til ugh i'c. ~s~~Ily l-~SS ~,h -~esT r", ).t3. 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: ~(- Y-es ., `I wF ~ No F r~~ S'~1(e~t ~Av K iv~ Attached to this application, and made a part thereof, are other material submission data requirements, as indicated. Applicant Signature: ~. - Property Owner Signature: CJI`"'~~ / - Date: ~' - 1~~ v y Date: I~~~ FOR OFFICE USE ONLY Date application submitted: Date application completed: Wing Commission Action: ~" Recommend Approval r Recommend Disapproval Date of Action: City Council Action: r` 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. 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 COMPLETE 1. Additional written or graphic data reasonably ~ Yes required by the Zoning Administrator or the Planning Commission as described below: I` No 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 'rZ Yes verifying ownership. r No 3. Required Fee. $400.00 ~ Yes ~ No COMMENTS Tax Statements for the real property described in this instrument should be sent to: Luke Birr at 212 East Ash Street in Saint Joseph, Minnesota 56374. --------Above This Line Reserved For Official Use Only----------- CONTRACT FOR DEED THIS DAY this agreement is entered into by and between Linda M. Sniezek and Rosanne Eiynck, hereinafter referred to as "SELLER", whether one or more, and Like Birr, hereinafter referred to as "PURCHASER", whether one or more, on the terms and conditions and for the purposes hereinafter set forth: 1. SALE OF PROPERTY For and in consideration of ONE HUNDRED FIFTEEN THOUSAND DOLLARS ($115,000.00) and other good and valuable considerations the receipt and sufficiency of which is hereby acknowledged, Seller does hereby agree to convey, sell, assign, transfer and set over unto Purchaser, the following property situated in Stearns County, State of Minnesota, said property being described as follows: Address: 212 East Ash Street. Saint Joseph MN 56374 Legal Description: Lot numbered Four (4) and the East Fifteen (15) feet of Lot numbered Five (5) in Block numbered One (1) of Loso's Fourth Addition to the Village of St Joseph, Stearns County, Minnesota Together with all rights of ownership associated with the property, including, but not limited to, all easements and rights benefiting the premises, whether or not such easements and rights are of record, and all tenements, hereditaments, improvements and appurtenances, including all lighting fixtures, - 1- Contract for Deed DIANE GRUNDHOEFER Stearns County Recorder(Registrar of Titles RECEIVED OF ~~~ S, Tonal (~ </N° 4142 C Date 1 ~ ~ X 2~~ 100 DIANE G NDHEOF'ER, Co my Reco der/Registraz of Titles BY #101-5085 Resolution of finding The request of Luke Birr for an Interim Use Permit request came before the Planning Commission at a public hearing held on October 5, 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 4 Block 1, Loso's 4`h Addition, 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 212 Ash Street E. 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 Luke Birr, 212 Ash Street E, 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: ATTEST 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. S. Kathleen Kalinowski, Planning Commission Chair Judy Weyrens, Administrator DataVtewUnJine Map Page 1 of 1 Vicinity Map I !!k[~ Rirr )1 i Och Ctrc~~t F I l ~ I_ ~ _I / ' l lzi 2,.1 c. 1J.~ ~ ~ ~ __ ~ ~`- ~ 2 I ~ 2- - • L ~ F~ I 235 -~ 235 ~ -_ _ -- ~ ~ - c : •' i - - - - - -- - -~- -- -- - -- -- ~-- - - -- - -- ~. ~• ---- -- - - ,,' t~;i _ I - -~-- - -- ---- ~ I ,, I , '15 108 '~ `I 115 t 7 ~ ~ 174 '~ I ~ -- ~ -- - ~~ 220 I I -- --- _ ~- - - -- -- J ~___ ~ , ' -~ -r- e i lip ---r .. 1! .7 ~ I ~ - T- - I I- i I 4 I ' I I _~'~ I 1:)7 'I 1 1 1 i 1 , ~ .I 121 !I 105 iF i 1 I 1203 120.5 I ~ 21 20+ i I 221 5 1 j ~, - - 1 ~ ~ I II II I 1 i i i I I _ 1 - _ ~- _ _ - - ~- . __ _-- ~ , ~i --- - - -_ --'- -~-~- r__ = ASu ' 1 ~ I - . I j _ }_ I`- -- -:- i 302 ~ _ --- -r ~_ - ---~--~i i i ~ I 11 220 ~ ~ 1 ' ~~ ~ ~ - 2, 2 ~ . -. - 2, 8 ~ ~ ~r~ ~ - - ; ~ 3D ~ 1 ' 107? 11:1 I 118 i11F ~ 120 31 ! , I -- -~ F~ ! , I 2D8 ~ 27 I c : : ~ _ ~ . i I Lj I ( ~ ! i ~: > : ~ - ~ -_ . __---- -1 - _ - -- - ~- ~ - I 1 ~ ~ -° i ~ - 1 n. __ I n ----i~- --- II~T i 21 I ~ it r- ~ I I I ~I I 1 I ~ 313 18 I i I ' I ~ I 301 1 ~ 217 221 I I ' -~ _ _ I ~ ~ ~ i ~ 2J 1 il I 209 ~ ~ ~ l , I I t l21 I 117 ~ ~ 113 '~ l ' y I i I1 • ! - _ _ I 125 ~ i 1 - ) y ! ~- ~. _~ 193 107 _ ~ -- ~--- I~ '- --- ------ ---- i L-l- 1 ~~__ -- __. i__ --. -~ ---- -- ~1E ---" v, ~;p.csuT~. _ T l ._ ' ----, -___ - ~ i ----i -- I 1 ,I ... I y I 124 ~ 200i Ii i 11t5~ I s .._,--.I~2D4% 208 108 . 1 i 2 i I 120 F-- -- u, i 1 I ! 1~ ~ 12~ i II 'r - ~-- ~ I ~~ i I r~'~... ` _ - T _- _ _ ~- i--= - T I I j i ~ I ~ i 'II 220 w ~ 30D i 3DA ~ 3~J8 ;i 14 310 ~ 32D 212 ~I 210 ~k=_-l' r~ ~_ - ~~---- - a ! t '~" - ' I I 1P I ,I I - -r----`- ----- ~ ~-_ - r I`--~-.. -- ~ - - ~ 2~i 302 y 30 i 27 - 217 '~ ~~ 300 .101 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 9/21 /2009 - CITY C>~ ST. OS~PH 1 WWW,cityof stjoseph-com COMPLIANCE ORDER DATE: August 11, 2009 TO: LINDA SNIEZEK Administrator 6824 JENNY LANE ST. JOSEPH, MN 56374 ~udy Weyrens Ordinance No. 55.11 of the City of Si. Joseph Code of Ordinances, requires that "no person shall operate rental property in the City of St. Joseph without first having properly made and filed a registration statement with the Compliance Official, and without first securing a valid rental license from the City of St. Joseph." Mayor AI R i The properties, (of which you are listed as the owner of), located 212 Ash St E , St Joseph, Minnesota is ass er reportedly being operated as a rental property without a valid rental license from the City of St. Joseph, which is in violation of Ordinance No. 55.11. Councilors You are required to bring said property in compliance with the Ordinance within five (5) days of the date of Steve Frank this order. Bob Loso You have the right to appeal as follows: Renee Symanietz Subd. 2: Right of Aooeal. When it is alleged by any person to whom a Compliance Order is directed that Dale Wick such Compliance Order is based upon erroneous interpretation of this Ordinance, such person may appeal the Compliance Order to the Planning Commission sittin as a Board of A l S h l g ppea s. uc appea s must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee of $15.00 in cash or ' cashier s check and must be filed with the City Clerk/Administrator within five (5) business days. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril of life, health or property. Sub. 3: Board of Appeals Decision Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within forty-five (45) days after said appeal is filed the Board of , Appeals shall hold a heating thereon, taking into consideration any advice and recommendation from the Compliance Official. The Board of Appeals may reverse, modify, or affirm, in whole or in part, the Compliance Order and may order return of all or part of the filing fee if the appeal is upheld. If there are any questions, or you are in need of additional information please conlact the City /Administrator Judy Weyrens, at PO Box 668, St. Joseph, Minnesota, or by phone at 320-363-7201. CITY OF ST. JOSEPH Judy Weyrens Administrator CC: Ron Wasmund Tam Jovanovich Gary Uisch File zS College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374 phone 3zo.363.7zoi Fax 3zo.363.o3gz Page 3821 December 7, 2000 water but 2.5 years ago, the City Counc~ decided to remove it. 7aufen added that the Slate may now require us to put it bads on. Weyrens presented the treasurer's repoR to the City Counal. She stated that the Counal should add s)i of the 300 and 400 funds to gel a true picture of the situation. Weyrens added that fund 501 the Trunk uti!'rty extension is not a designated account_ Weyrens also stated that the_ Council would have to deade where to designate the funds from the Baker street Improvements, bul that this could wait urrUl the next meeting_ Loso asked Weyrens to put a few scenarios together that they could address at the next meeting. i3r/eit made a motion to accept the treasurer's report, seconded by Loco. 77re motion passed rmanimously. Weyrens reminded the Council that the Truth in Taxation meeting Is Monday, December 91"' at 7:00 PM. Chief Will addressed the t;,ouncii. He distributed the November police report for their review. He also gave the Counal a copy of the matri3c that the alcohol compliance committee came up with and asked that ii be addressed at the next meeting. Wit also reported to the Council that he received a bid from Granite City electronics to install the antennas acrd radios at the new Gily hall. The bid is $2,f 67.136. The Counal expressed some concern aver the cost of this bid and asked WiN to get another quote or at least an explanation of this one. They asked that Will bring what infomration he had to the meeting on Monday night. W1D agreed. 1 f. Linda Sniezek Rental Issue-Attorney Frank Kundrat addressed the Council. He stated that he is the attorney for Ms. Sniezek As the Counal knows, Mrs. Yehauser is in-Arington Place. 'the family is in a difficult place regarding the setting of the house. Sniezek came before the Counal in the spring and received her special permrl to rent the house. Everyone agreed at that time that it was better to have someone in the house rather than it remain empty. The family that Sniezek is renting i to is well Piked by the neighborhood. Kurrdrat passed out a petition signed tyythe neighborhood. The petition states at the top that 'We, the undersigned, feel that the family who is currently renting Rose vehauser's house, at 212 East Ash Street, of Sl. Joseph should be able to continue to do so.' Kundrat also explained that the woman living in the house, Cari Habiger, is in an at risk pregnancy situalion. Kundrat passed out a fetter from Dr. Gary Baker slating `Cari Habiger is a high risk pregnancy patient of mine, pn~errtly al 28 weeks gestation. Because of problems related to pregnancy, she is required to be at home on had rest. Any deviation from this may increase her chances of pre term birth ' Kundrat stated that what they are seeking is an extension of the special permit, during which time, Sniezek wl0 be applying for a variance_ Kundrat added that he understands the intent and integrity of the ordinance but feels that this is a specaal circximstance that warrants special consideration, Ehlert asked Scherer if there are any special dead of winter laws that would prevent the Counal from taking action on this. Scherer stated that they would not apply. However, he would advrse the Counpl to grant a temporary extension to a time period otter the child is born. Kundrat stated that they are not looking to drag this out, They would also like to have some dosure on this issue. Scherer stated that it's dear that the property could be solo. However, there are reasons that the family does not want to sell. Loco stated that his main issue with this situation is that he feels i was misrepresented to the Counal from the beginning. Kundrat said he understands and it certainty wasn't Sniezek's intention to mislead the Caundl. She lei like her hands were tied. h was merely a matter of nsunderstanding. Twit stated that he doesn`t feel that there was ever any sort of misunderstanding. If Sniezek had been up front in the beginning, they virouki not be addressing this now as the special permit would not have been granted in the first place. Sniezek agreed to come bade in six months and report on the situation. She also agreed to abide by any of the zoning changes that were made. Sniezek addressed the Counal. She stated that she never meant to mislead the Coundl. Her previous attorney, John Reep, told them that they could not sell the house. When an attorney tells you that you cant do something, she took him at that word. Sniezek also added that she never imagined that the change to the ordinance would be that she or a family Page 3899 June 7, 2001 Oh Sa1B: LOSO 5 /nC (Laso's Main Sleet Pub); P & L of Sl. Joseph !nc (~a Prayette); El Paso club & Lanes; $IP Inc Sunday- Loso's !nc (Loso's Main sheer Pub); P 8 L of St. Joseph Inc (ce Praystte); El Paso club ~ Lanes; B!P Inc; American Legion line: College of St. Benedict; Bo Diddley s Club: American Legion Club The motion was seconded by Loso. Ayes: Hosch, Ehlert, Loso, Rassier Nays: None Abstain: Schneider: Motion Carried 4:0:1 A!I Soec Services Nancy Sr•.ntt• Building Official Nancy Scott appeared before the Council to present the 1 ~' quarter building activity report. Scott stated that she has been working for the City for 3 months and woukl like to address the following wncems: 1. Mechanical and Plumbing Code: The City of St. Joseph is one of the few jurisdictions that does not enforce the Minnesota State Mechanical and Plumbing Code. The enforcement of the code is meant as a safety measure to assure gas appliances, fixtures and plumbing are installed correctly. 2. Energy Code: The State of Minnesota has changed the State Building Code requiring building permits for roofing and siding. Scott stated that she would charge a nominal fee for such permits and would work with residents doing the work on weekends. Ehlert stated that he does not wish to stop residents from working on weekends or fear getting ticketed on weekends bepuse a permit was not secured. Scott assured the Council that permits could be secured after the weekend and the inspection could be completed at the same time. 3. Rental Housing Inspections: Scott stated that she attended the meeting conducted by the Rental Housing Inspector and has some concerns. Scott requested clarification as to who is the Housing Compliance Official; and if it is Rental Housing lnspedor Steve Hagmann, is he responsible to Scott. Hosch and Ehlert stated that it is their understanding that Hagmann is the Housing Compliance Officer and consults the Buikiing Official as needed. NQlse Vitiation. 310 Old Hig~y ~~ _ Brian Stana_h Mayor Hosch stated that the Council has received notice of an alleged noise violation at 310 Old Highway 52 on May 19, 2001. Since the property owner has not requested an evidentiary hearing, the property owner is acknowledging that a noise vitiation did occur. Therefore, Hosch stated the Council will move to the disposition stage and asked the property owner for any comments he may have. Stangl stated that he has recently purchased the property at Oid Highway 52 and this process is new to him. The students involved in the incident on May 19 have moved and were not available to be present a this meeting. Stangl further stated that the first noCice he received was a certified letter: He was told that they could not find his phone number, but they were able to contact him earlier in the day. City Attorney John Scherer questioned if his lease inGudes party provisions and loss of damage deposit. Stang! stated that the lease does not have any provisions for parties and the damage deposit has already been retained for repairs to the unit. Ehlert made a motion acknowledging that a noise violation did occur at 310 Old Highway 52 on May 19, 2001. Further, the property ov-mer will be fined the administrative tees of S 150.00. The motion was seconded by Schneider and passed unanimously. Public :Qmments: No one present wished to speak Linda :~tt'>cI~71 gental License Rea ~RCt• Linda ~ appeared before the Council to request authorization to rent her parents property located at 213 Ash SVeet East. The Ordinance Amendment in September 2000 revised the Ordinance allowing onty owner occupied rental units in an R-1, single family zoning district. In February 2000 the City imposed a rental license moratorium to study rental districts. During this time requested the Council grant a Page 3900 June 7, 2001' special permit to allow the property at 213 Ash Street Easi to be used as a rental unit. Sniezek agreed to adhere to the new policy after the moratorfurn was lifted. in December of 2000 Sniezek requested relief from the new Ordinance due to a medics! condition of her tenant. The Council granted relief with the understanding that the special permit expired in May of 2001. , Sniezek is currently requesting relief from the Ordinance to prevent a financial hardship if they property is sold, and presented the Council with a letter from her attorney advising her family not to sell t~e home. The home has been rented to a family since March of 2000 and the tenants have become members of the community. Sniezek stated it is her opinion that the Council wanted to encourage families ko move to St. Joseph rather than leave homes unoccupied. She further stated the amended Ordinance may force elderly residents to sell their homes. I Sniezek's tenant, Cari Habiger approached the Council and requested that the rental license~be continued at 213 Ash Street East. She staled that she has been living in the home since March of 2000 and has chosen to make Si. Joseph her home. Habiger stated that it was difficult finding rentai housing in St. Joseph and if the Council does not allow the rental license to Continue, she will not be able to live in St. Joseph. Loso stated that the Council ruled on this matter in December, allowing the rental license to . continue until May of 2001. Loso clamed that when the original permit was granted, it was understood that it was a special permit until the moratorium period concluded. Further, Sniezek agreed to abide by the recommendations of the committee if the special license were extended. Loso stated that in his opinion the Council was upfront with Sniezek and she agreed to these terms. Therefore, he does not feel any relief should be granted, as in doing so the Ordinance will loose integrity. . Roxanne Habiger approached the Council and questioned why the Council does not want to encourage family rental. Attorney John Scherer stated that St. Joseph has been trying to deal with managing the rental units within residential neighborhoods. Residents have requested the Council take action to stop the conversion of homes to Student rentals and keep the neighborhoods in-tact. Rental units in residential areas lead to a majority of problems such as noise, garbage, and lack of adequate lawn care: The purpose of the new ordinance is to stop or slow down the proliferation of rental units in an R-1, Single family zoning disUict. Scherer further clarified that the Counci! cannot make a provision for family rental as then N would become ' discriminatory. Ehelrt stated that it is his understanding that the purpose of the new Ordinance was to preserve the older housing stock for single family use. 'It is his opinion that the request at this time meets the intent of the Ordinance. The rental unit is being occupied by a family who is apart of the community of St. Joseph. Ehlert further stated that he feels this property was caught in the middle of the process and the use should be allowed to continue. Rassier stated that it is his opinion that the Council should give the Ordinance a chance and granting the special permit at this time overrides the new Ordinance. Rassier questioned Scher as to the legalities of issuing such a permit. Scherer responded that he is uncertain as to how the initial permit was granted, but instructed the Council to be cautious when considering this matter. Hosch stated that he too beliefs the property in question was caught in the .middle of the Ordinance change and has some inherent rights. Denying the permit at this time could create a hardship. Hosch further stated that if the initial 'request was not made during the moratorium period he would not be supportive of allowing a rental permit. i i Schneider concurred with Sniezek that an empty house is not an asset to a neighborhood. If the property remains vacant it begins to Took rundown and will become unsightly. Therefore, he feel the best use for the property in question is to continue as a rental unit. -- Page 3901 June 7, 2001 Ehlert made a motion to extend a Special Rental License to the property at 213 Ash Street East. The license may be renewed annually with the following understanding: The rental license will cease 120 days after the death of Rose Viehauser, or upon Cart Hablger moving from the property; which ever comes first The motion was seconded by Schneider. Ayes: Hosch, Ehlert, Schneider Nays: Loso, Rassier Motion Carried 3:2:0 Rental Housing Inspector StPVP yagm;~IIO; Rental Housing Inspector Steve Hagmann appeared before the Council to discuss the license process for 2001 - 2002. Hagmann stated that he met with a number of landlords and discussed the process that will be used for securing a rental license. He stated that this year licenses will not be issued until all fire safety issues are resolved and completed paperwork and fees are submitted. Hagmann also stated that all lower level bedrooms will be required to install egress windows. The landbrds present at the meeting requested one year to complete the egress windows as it is a costly item, Scherer clarified that any extension of fire safety issues should be acknowledged on the rental registration form along with a deadline for completion. Further, a second inspection should be conducted to assure that repairs have been completed. Hagmann stated he would like the Council to change the rental license period to begin October 1 ~ of each year. He stated that changing the date would allow rental inspections to be completed when they are occupied, thus allowing him to check traffic patlems and occupancy. In addition, he would have the opportunity to talk to the tenants ff they have any issues. Ehlert stated that he would like to see fire safety issues completed within a time frame such as 90 days. The landlords are aware they need egress windows for bwer level Living and they should be installed in a timely manner. He further questioned the logistics of completing the inspections during the school year as many of the rentals in St. Joseph are student rentals, thereby Largely being unoccupied during the summer months. The vacancy period allows repairs to be completed without disturbing tenants. Ehlert questioned If the landlords provided any input on the license period. Hagmann stated that the landlords present requested the rental license period remain as it is currently. Loso staled that changing the rental license period would have a negative impact to the Noise Ordinance. Currently any violation of the Noise Ordinance stays with the property during the license period, from August 15 to August 14. This period also coincides with the school year, making the tenants responsible for the full 12 month period. If the rental license period is changed, two different groups of tenants may be impacted by violations. Hosch slated that it is his preference to keep the rental license period as it is written. He has received feedback from landlords that it would be difficult to complete major repairs while the rental until is occupied. Schneider concurred with Hosch. Rassier stated that as a former rental inspector he would argue that the inspections are easier to complete without all the tenants present. Some of the major repairs could not be completed whle occupied, and it would be difficult to remove the tenants if the inspections were comple#ed in September and October. Loso made a motion denying the request of the Rental Housing Inspector leaving the license period as stated !n Ordinance No, 55. The motion was seconded by Schneider and passed unanimously. CITY ENGINEER REPORTS