HomeMy WebLinkAbout[09a] Interim Use Permit - Luke Birrc['rv oa sT ,lcx~h rEt
Council Agenda Item 9a
MEETING DATE: October 15, 2009
AGENDA ITEM: Interim Use Permit -Issue an Interim Use Permit to Luke Birr,
212 Ash Street East, to operate an owner occupied rental unit with a maximum density of two tenants.
SUBMITTED BY:
Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on October 5, 2009 to consider the issuance of an Interim Use Permit to Luke Birr, 212
Ash Street East. Considerable public testimony was heard regarding this permit. Property owners
expressed concern about the management of the property as the Luke Birr has been a tenant at the
property and the neighbors discussed the inconveniences they have went through. They were not
opposed to the Interim Use Permit being issued to Birr but were looking for assurances that when the
permit is renewed that Ordinance violations would have an impact on the continuation.
The Planning Commission unanimously recommended the City Council issue the Interim Permit as
requested 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.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: See Planning Commission material
BUDGET/FISCAL IMPACT:
ATTACHMENTS: CC Resolution of Findings, Hearing Notice, Application, Contract for Deed -
Recorded Coversheet, PC Resolution of Findings, Vicinity Map, Past Actions
REQUESTED COUNCIL ACTION: Accept the recommendation of the Planning Commission and
authorize the Mayor and Administrator to execute the Resolution of Findings, issuing an Interim Use
Permit to Luke Birr, 212 Ash Street East.
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`" 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 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 Luke Birr, 212 Ash Street E, 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. Joseph Code
of Ordinances 52.07.04
Therefore, based on the above findings, the City Council made the following motion:
Approval of the Interim Use Permit to allow an owner occupied rental unit in a Ri 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.
Approved this 17`h day of September, 2009.
ATTEST
AI Rassier, Mayor
Judy Weyrens, Administrator
Crr~' OF sr Ji~h rti
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
WWVU.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 DUeyrens 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
St
F
k a natural person, and all owners must occupy the property as their principal residence. The
eve
ran 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 ~U' 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
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212 Ash Street E
zS College Avenue North PO Box 668 Saint ~oseph, Minnesota Sb374
Phone 3zo.363.7zoi Fax 3zo.363.o34z
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 STFARNS )
NAME: ~ V~r
i Y ° a a~~o,~a n r..M.w
SEA ~ ~ 2009
C., ~ ~ ~~,`-_,~-. J9SEPH
Fee $
Paid
Date
PHONE: '~j1.0 - 2l0 (~.- CQ~ / 1
ADDRESS: Z ~ 1 ~ ~ .~.~ ,S-~•
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 ~F ~ at c. v p ~ t~.,~-~.,T ~
2. Legal description of land to be affected by application, including ocreage or square footage ofland involved, and street address, if any
(attoch additional sheet if necessary):
l,uT iN~ w` Q,t ¢ Z ~ ~wf .~ T~.,a ~-~ f xF`f ~ N '~r-T' e ~ Col' N ~ ~ Bc~~
~ ~v~e ~ v. 'a ~ ~ -: In~~ -~~. ~tc1 n~ c~ In ~ S -{b.,r -tti ~cl ~f ~ -E-Ibn ~ 'Zo
V ~ ~ 1 a'e oar S ~ j~s~ fl,, 5-i'l'+Ac$ N S c ~ . , WI 1J
3. Present zoning of the above described property is: '] ~ ~ ~~N.j. ~
4. Name and address of the present owner of the above described land:
~." 1~F Yh , ~ W 212 ~~AS~' ftS fi} S i ST•'~1sS~'$i-) wt N ~ S~
S. Is the proposed use compatible with the future and present land uses of the area? Please explain:
~( Yes r No
'~ w ~ l ~ ~~ ~P Ili c- ~ro~.~ d~ ~ F -ft ~~a Ne~h ba1Z
6. Will the proposed use deprecioie the area in which it is proposed? Please explain:
~` Yes ~ No
~ "~ woo-r1 ~cQr~~~h-k g~ c,~,,3F ~ w i I ~ ~ ~ ~ ~I o~ J''~ l~ Q .
7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain:
Yes r No
T~cYrr w i l I o n I-j ~3 F Thy e~~~ aP k I,v~l~ e~.l ~ CJro ~e-~1 u~ti ~'c
USuklly (`cSS 1 h~,h r~ds-r -~; I~~s.
8. Are local streets capable of handling traffic which is generated by the proposed use? Pleose explain:
Yes r
wF ~r~F
No
SjYe~-~ ~~tv K i~
Attached to this application, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature:
Date: '~'-- ~~~- vc~
Property Owner Signature: ~/I`~ ~ Date: _.
~ /f • 5
FOR OFFICE USE ONLY
Date application submitted: Date application completed:
(Planning Commission Action: ~ Recommend Approval r Recommend Disapproval Date of Action:
Council Action: (" Approved (° Disapproved Date of Action:
j Date ApplicantlPropertynwner 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. ff 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: (- 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 '~ Yes
verifying ownership.
~" No
3. Required Fee. $400.00 ~i Yes
~'" No
COMMENTS
Sc7 -1- <c~v~ ~ (~ ~Lv-C
lo.
NO DEUNOUENT TAXES AND
TRANSFER ENTERED
" d0
DATE '
/ f
AUDITOR
~,
DLE~.PUTY
OFFICE OF COUNTY RECORDER
STEARNS COUNTY, MINNESOTA ~~~
Document # 1298405 =
Certified, Filed, and/or Recorded on ~~~
09-18-2009 at 01:36 PM -~ N
_~..~
~~
DIANE GRUNDHOEFER ~~
STEARNS COUNTY RECORDER
Taz 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
K ~~
~, 4~ THIS DAY this~ag~eemMne ~ pc K s e N to b~ ~ ~e~ n Min~d~ ~~ rs a nk and Rosanne
Eiynck, hereinafter referred to as "SELLER", whether one or more, and ~ Birr ereinafter referred
~tuKE
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 Descriation:
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, Steams 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
SCR~of...t~
L~h~ a ~~„ ~~. ~ ~.~
`1~C; v ~C,nn, t a n e. ~
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 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 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:
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
S. Kathleen Kalinowski, Planning Commission Chair
Judy Weyrens, Administrator
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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/htrnl/dvo/mapLayout.htm 9/21 /2009
- ~. CITY OF ST. ~SFPH
WWW.cityof stjoseph.com
COMPLIANCE ORDER
DATE: August 11, 2009
TO: LINDA SNIEZEK
Administrator 9824 JENNY LANE
~udy Weyrens ST. JOSEPH, MN 56374
Ordinance No. 55.11 of the City of St. 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: Ri4ht of Anneal. 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 sitting as a Board of Appeals
Such appeals must be in
.
writing, must specify the grounds for the appeal, must be accompanied by a filing fee of $15.t~ 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 shalt 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 Aoaeals 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 contact 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
Tom Jovanovich
Gary Utsch
File
25 College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374
phone 3zo.363.72oi Fax 3zo.363.o34z
Page 3821
December 7, 2000
water but 2.5 years ago, the City Council deeded !o remove it. Tauten added that the State
may now require us to put it bade on.
Weyrens presented the treasurer's report to the City Councl. She stated tha! the Council
should add all of the 300 and 400 funds to get a true pidur8 of the s8uation. Weyrens added
that fund 501 the Trunk utllity extension is not a designated account. Weyrens also stated
that the. Counal would have to decide where to designate the funds from the Baker street
tmpnavemerrts, but that this could wait unbi the next meeting. Loso asked Weyn:ns to put a
few scenarios together that they could address at the next meeting. Ehlert made a motlorr to
accept the treasurer's report, seconded by Loco. The motion passed unanimousy. Weyr+ens
reminded the Cbur-dl that the Truth in Taxation meeting LS Monday. December 11~' at 7:00
PM.
Chief Will addressed the Coundl. He distributed the November police report for their review.
He also gave the Councl a copy of the matrtx that the ala~hoi compliance committee came
up with and asked that it be addressed at the need meeting. Will also reported to the Council
that he received a bid from Granr~e City electronics to install the antennas and radios at the
new City hall. The bid is t$2,167.66. The Counal expressed some concern war the cost of
this bid and asked Will to get another quote or at least an explanation ~ this one. They
asked that l/ilid bring what hrfomration he had to the meeting on Monday night WA! agreed.
i i. Linda Sniezek Rental Issue-- Attorney Frank Kundrat addressed the Council. He stated
that he is the attorney for Ms. Sniezek As the tounal knows, Mrs. Yehacrser is in-Arlington
Place, The family is in a difficult place regarding the se(~ng of the house_ Sniezek came
before the Council in the spring and received her speaal pemtit to reM the house. Everyone
agreed at that time that ft was ttetter to have someone in the house rather than h remain
empty. The farruly that Sniezek is renting ~ to is well liked by the neighborhood. Kundrai
passed out a petition signed bythe neighborhood. The petition states at the top that'Wle, the
undersigned, teal that the farrrily who is currently renting Rase vehauser's house, at 212
East Ash Street, of St. Joseph should be able to continue to do so' Kundrat also explained
that the woman living in the house, Cari Hat>iger. is in an at risk pregnancy situation, Kundrat
passed out a letter from Dr. Gary Baker sta8rq `Geri Hat>iger is a high risk pregnancy patient
of mine, presently at 28 weeks gestation. Bemuse of problems related to pregnancy, she IS
required to be at home on bed rest. Any deviation from this may ina~ease her dtana~ of pre
term birth ' Kundrat stated that what they are seeking is an extension of the special permit,
during which time, Sniezek wlq be applying for a variance. Kundrat added that he
understands the intent and integrity of the ordinance but feels that this is a spedal
circumstance that vrarraMs spedal consideration. Ehlert asked Scherer if there are any
special dead of winter laws that would prevent the Councl from taking action on this.
Scherer stated that they would not apply. However, he would advise the Councl to grant a
temporary extension to a time period after the child is born. Kundrat stated that they are not
looking to drag this out. They would also Eke to have some dosure on this issue. SdterBr
stated that it's dear that the property coukf be sold. However, there are masons that the
family does not want to sell.
Loco stated that his main issue with this situation is that he feats d was misrepr+eserrted to the
Counal from the beginning, Kundrat said he understands and it certainty wasn't Sniezek's
intention to mislead the Couna'I. She feR like her hands were tied. ft was merely a matter of
misunderstanding. 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 woukt not be
addressing this now as the special permit would not have been granted in the htst place.
Sniezek agreed to come bade in six months and report on the stuation. She also agreed to
abide by any of the zoning changes that were made.
Sniezek addressed the Coundl. She stated that she never meant to mislead the Council.
Her previous attorney, John Reep, told them that they oouki nit sell the house. When an
attorney tells you that you cant do something, she look him at that wont. Sniezek also added
that she never imagined that the change to the ordnance would be that she or a family
Page 3899
June 7, ZOOI
On Sale: Loso's Inc (Loco's Main sl-eel Pub); P 8 L of Sf. Joseph Inc (t.e Prayette); EI
Paso club & lanes; BIP Inc
Sunday: Loco's Inc (Loco's Ma/n S~haet Pub); P 8 L of St. Joseph Inc (La Playstte); El
Paso club ~ Lanes: BlP lnc; American Legion
Irne: College o/ S7 Benedict; 8o 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
All Soec Services Nancy cott• 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 wouk! like to address the following concerns:
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 con-eetly.
2. Energy Code: The State of Minnesota has changed the State Building Code
requiring buildfig 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 because a pemnit was
not secured. Scott assured the Council that permits oouki be secured after the
weekend and the inspection ceuld 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 rf R is
Rental Housing Inspector Steve Hagmann, is he responsble to Scott. Hosch
and Ehlert stated that it is their understand'mg that Hagmann is the Housing
Compliance Ot'ficer and consults the Building Official as needed.
Noise Vitiation. 310 Old Highly 52 - Brian Stanal• 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
siege and asked the property owner for any comments he may have.
Stangl stated that he has recently purchased the property at Old 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. Stang! further stated that the first notice he received was a cert~ed
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 parry provisions
and loss of damage deposit. Stangl stated that the lease does not have any provisons for parties
and the damage deposit has already been retained for repairs to the unit.
Ehlert made a motion acknotwled®ing that a noise violation did occur at 310 Old Highway
52 on May 19, 2001. Further the property owner will be fined the administrative fees of S
150.00. The motion was seconded by Schneider and passed unanimously.
public „omments: No one present wished to speak
Unda :~7 Rental License Rgl~i; Linda appeared before the Council to request
authorization to rent her parents property located at 213 Ash Stn3et East. The Ordinance
Amendment in September 2000 revised the Ordinance allowing only owner occupied rental units
in an R-1, single famAy zoning district. In February 2000 the City imposed a rental I'ioense
moratorium to study rental districts. During this time requested the Couna7 grant a
i
Page 3900
June 7, 2001'
...c :..x,.~~ ~,,~. I
special permit to allow the property at 213 Ash Street East to be used as a rental unit. Sniezek 4
agreed io adhere to the new policy after the moratorium was lifted. In December of 2000
Sniezek requested relief from the new Ordinance due to a medical 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 tie 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 to 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 stated that she has been living in the home since March
of 2000 and has diosen to make St. Joseph her Biome. Habiger stated that it was difficult finding
rental twusing 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 clarified that when the original permit was granted, it was
understood that it was a special pemnit 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 w
loose integrity.
Roxanne Habiger approached the Council and questioned why the Cotutc~l 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 reskdential 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 district. Scherer further
darified that the Council cannot make a provision for family rental as then it 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,
Ressler stated that it Is his opinion that the Council should give the Ordinance a chance and i
granting the spedal permit at this time overrides the new Ordinance. Ressler 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
Schneider concurred with Sniezek that an empty house is not an asset to a neighborhood. If the
property remains vacant it begins to look 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 Ilcense may be renewed annually with the following understanding:
The rental Ilcense will cease 120 days after the death of Rose Viehauser, or upon
Carl 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 i~ncpector SiPVp Hag~pQ; Rental Housing Inspector Steve Hagmann appeared
before the Council to discuss the license process for 2001 - 2002. Hagmann staled 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 1o install egress windows. The landbrds present at the meet(ng
requested one year to complete the egress windows as it is a costly item. Scherer dared 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 a 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 if 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 swan; 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 n~airs 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 stated that changing the rental license period would have a negafive 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 stated 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.
Ressler 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 completed in
September and October.
Loso made a motion dertytng the request of the Rental Housing Inspector leaving the
license period as stated In Ordinance No. 55. The motion was seconded by Schneider and
passed unanimously.
CITY ENGINEER REPORTS