HomeMy WebLinkAbout[04e] Interim Use Permitcrry of sT. jo sKrH
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
Council Agenda Item 4 e
February 18, 2010
Interim Use Permit
Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on February 1, 2010 to consider the request of Jordan Onnen to secure an Interim Use
Permit to allow an owner occupied rental unit at 224 —17`h Avenue SE. The Planning Commission
unanimously recommended approval of the interim use permit.
PREVIOUS COUNCIL ACTION: N/A
BACKGROUND INFORMATION: See material following this cover sheet for information provided to the
Planning Commission.
BUDGET /FISCAL IMPACT:
ATTACHMENTS:
Council Resolution of Findings ............................ 4(e):2
Extract of Planning Commission Minutes ......... 4(e):3
Planning Commission Resolution of Findings.... 4(e):4
Planning Commission Request for Action ......... 4(e):5
Hearing Notice ........................ ............................... 4(e):6
Owner Narrative — Need for IUP .......................... 4(e):7
Application .............................. ............................... 4(e) :8 -11
Affidavit of Residency ............ ............................... 4(e):12
Proof of Ownership ................ ............................... 4(e):13 -14
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the resolution of
findings granting an Interim use Permit to Jordan Onnen, 224 —17`h Avenue SE as recommended by the
Planning Commission.
Note: This item has been placed on the consent agenda as the Council has previously agreed to place
unanimous recommendations of the Planning Commission under the consent agenda. Please note that
no residents attended the public hearing and the City had no complaints on this property.
4(e):1
Resolution of finding
The request of Jordan Onnen for an Interim Use Permit request came before the Planning Commission at a public
hearing held on February 1, 2010. The purpose of the hearing was to consider issuance of an Interim Use Permit to
allow an owner occupied rental unit in a R1 Zoning District.
The property is legally described as Lot 5, Block 2, Liberty Pointe, 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 224 17`h Avenue SE.
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 Jordan Onnen, 224 17th Avenue SE, 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 City Council made the following motion:
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.
Approved this 18`h day of February, 2010.
ATTEST
Judy Weyrens, Administrator
AI Rassier, Mayor
4(e):2
Extract of Planning Commission Minutes
February 1, 2010
Interim Use Permit — Jordan Onnen
Public Hearing, Interim Use Permit — Jordan Onnen 224 17th Avenue SE: Kalinowski opened the public
hearing and stated the purpose of the hearing was to consider an Interim Use Permit to allow an owner
occupied rental at 224 17th Avenue SE. The property is legally described as Lot 5, Block 2, Liberty Pointe.
St. Joseph Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows: 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 contract for deed. A
purchase agreement will not be accepted as evidence of ownership.
The request for Interim Use has been submitted by Jordan Onnen, 224 17th Avenue SE.
Onnen approached the Commissioners and stated that he is requesting an Interim Use Permit to allow an
owner occupied rental so that he may seek up to two renters to assist with the mortgage.
With no one present to speak about the proposed Interim Use Permit, the public hearing was closed at
7:03 PM.
Weyrens advised the Commissioners that Onnen presented one of the most complete applications and
did so proactively. The City has not had received complaints regarding this property.
Deutz made a motion to authorize the Planning Commission Chair and City Administrator to
execute the Resolution recommending the Council issue an Interim Use Permit to Jordan Onnen
to operate an owner occupied rental unit at 22417th Avenue SE. The motion was seconded by
Rieke.
Discussion: Kalinowski and McDonald noted minor changes to be made to the Affidavit of
Residency.
The motion passed unanimously.
4(e):3
Resolution of finding
The request of Jordan Onnen for an Interim Use Permit request came before the Planning Commission at a public
hearing held on February 1, 2010. The purpose of the hearing was to consider issuance of an Interim Use Permit to
allow an owner occupied rental unit in a R1 Zoning District.
The property is legally described as Lot 5, Block 2, Liberty Pointe, 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 224 17`h Avenue SE.
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 Jordan Onnen, 224 17`h Avenue SE, 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
4(e):4
11"��
MY OF ST. JOSKPH Planning Commission Agenda Item 4
MEETING DATE: February 1, 2010
AGENDA ITEM: Public Hearing, Interim Use Permit
Jordan Onnen, 224 -17th Avenue SE
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
granting an Interim Use Permit to Jordan Onnen allowing an owner occupied rental unit at 224 -17th
Avenue SE with a maximum density of two tenants.
BACKGROUND INFORMATION: Jordan Onnen submitted an application for Interim Use to allow a rental
unit at 224 -17th Avenue SE. 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
Request for Planning Commission Consideration ................... 4:1
Public Hearing Notice ................................... ............................... 4:2
Draft Resolution of Finding ...................... ............................... 4:3
Owner Narrative — Need for [UP ................ ............................... 4:4
Application..................................................... ............................... 4:5 —4:8
Affidavit of Residency .................................. ............................... 4:9
Proofof Ownership ....................................... ............................... 4:10 —4:11
REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and
Administrator to execute the Resolution recommending the Council issue an Interim Use Permit to
Jordan Onnen to operate an owner occupied rental unit at 224 -17th Avenue SE.
4(e):5
CITY OF ST. JOSEPH
WW W. cityof stjoseph.com
Public Hearing
City of St. Joseph
Administrator
The St. Joseph Planning Commission shall conduct a public hearing on Monday, February 1,
Judy Weyrens
2010 at 7:00 PM. The purpose of the hearing is to consider an Interim Use permit to allow an
owner occupied rental at 224 17 th Avenue SE. The property is legally described as Lot 5,
Block 2, Liberty Pointe.
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
Jordan Onnen, 224 17th Avenue SE, St. Joseph, MN 56374 has submitted the request for
Interim Use.
Judy Weyrens
Administrator
Publish: January 15, 2010
224 - 17`h Avenue SE
4(e) :6
zs College Avenue North ' PO Box 668 ' Saint Joseph, Minnesota 56374
Phone 3zo.363.7zoi Fax 32- o.363.0 34z
Jordan Onnen
224 17th Ave SE
Saint Joseph, MN 56374
320 - 894 -5868
January 6, 2010
St. Joseph City Council and Planning Commission,
Reason for Request,
As a single working full time professional new to the Saint Joseph area, I found it to be
financially logical for me to take on 1 -2 older professional also full time working renters
for the coming years, or until I choose to begin a family. I initially did not plan on
requesting a rental permit until approached by a previous roommate who is no longer in
school and also works full time, who is looking to leave the apartment life, and reside in a
larger, more professional, financially and morally responsible environment with someone
he knew he cooperated well with (Myself).
Why the request should be approved.
As we are both professionals working full time jobs, and any renters I would acquire in
the future would also be the same (full time, post grad worker) to avoid disruption in my
life and work schedule, I think it would be very beneficial to the Saint Joseph Community
as well as local businesses to allow this permit. The persons who will be chosen to match
my lifestyle will also be well earning adults who will support many of the local
businesses. This support will come in purchases, and support Saint Joseph in taxes on
these purchases, while having minimal effect on the strain of the police force, public
utilities, streets and public properties. Please take this into consideration upon making
your decision.
Thank you,
Jordan Onnen
4(e):7
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: Jordan Ross Onnen
ADDRESS: 224 17th Ave SE, Saint Joseph, MN 56374
REFCOVED
JAN 6 6 ?f
CITY OF ST. 40SEpM
Fee $
Paid
Date
PHONE: 3,208,945,868
1 D" Yl ✓� P � . ii /o in�s°'i'Y� e.i1�1 vv � .uiS , !�►'irl
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:
�v�Po,;j^aI Cullf e&A!fon nftA -
2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, if any
(attach additional sheet if necessary):
o1aN 17th A44 -�F- So-5cQIq , M,v 615 7 4
ce lItit,,Lwc\ iF-7xvI b A -s,
3. Present zoning of the above described property is: 111 - Single - Family
4. Name and address of the present owner of the above described land:
n Ross Onnen 224 17th Ave SE, Saint Joseph, MN 56374
5. Is the proposed use compatible with the future and present land uses of the area? Please explain:
�( Yes F No
2on'�
4(e):8
6. Will the proposed use depreciate the area in which it is proposed? Please explain:
F- Yes 5�1 No
H(1UEnS W%V -tilt i/oL Se /Utz le f (AC IC DI C( .
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7. Can the proposed use be accomodoted with existing City service without overburdening the system? Please explain:
JX Yes No
Inc.
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kti'�Aca -id A"i%- Ldo1 -c tnot LvedVA1i
8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
rx- Yes F No
rl e I'S Uc cAted, 0., a Avon "fln( Sty "f k,,AAAI&►)
CA C1
Attached to this application, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature:
Property Owner Signature:
FOR OFFICE USE ONLY
Date application submitted: Date application completed:
Date: 1-6 -09
Date: ) 41 0/
Planning Commission Action: F- Recommend Approval F- Recommend Disapproval Date of Action:
Council Action: j Approved f Disapproved Date of Action:
Date Applicant /Property owner notified of City Council Action:
4(e):9
Chicago Title and Trust Family of Companies
Ticor Title Insurance Co. • Chtcogo Title Insuronce Co. • Security Union Title Insurance Co.
LOCATION REPORT
(This Is not a 5urveX
FILE NO.: 102086 OWNER : JORDAN ONNEN
INSPECTION DATE : 09/28/09
LEGAL :SEE SCHEDULE A
30 SCALE
1,
Property Address 224 17TH AVE SE ST JOSEPH
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TOH LINE --
CITY OF ST. JOSEPH
25 College Avenue North, St. Joseph MN 56374
(320) 363 -7201
AFFIDAVIT OF RESIDENCY
Applicant Name Jordan Ross Onnen
Print Form
Address 224 17th Ave SE, Saint Joseph, MN 56374 Number of Tenants 1
Zoning (; R1, Single Family ( B1, Central Business (` B2, Highway Business
Ownership Copy of deed showing Requirement
Requirement r- 50% rX 100% interest must be attached fulfilled r Yes r-', No r- N/a
I t . (-dM as P -0 being of legal age, do hereby by attest and affirm the following:
Signatu
1. My primary esidence is �� 7il" AUIC 4�7, 61 � 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. 1 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.
Date Jan 6, 2010
■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
State of MN
County of Stearns
On this 10 day of .TAN 20 10 . before me M' ke C. 2 w i Cw ) -" , a notary public, personally
appeared T- J90 (3O p 1\ proved on the basis of satisfactory evidence to be the person(s) whose name (s)
is (are) subscribed to this instrument, and acknowledged (he /she /they) exectuted the same. Witness my hand and official seal.
Notary Signature �..
(SEAL)
4(0):12
7, NO DELINQUENT TAXES ARID OFFICE OF COUNTY RECORDER
TRANSFER ENTERED STEARNS COUNTY, MINNESOTA
fQ Document# 1305092 -CJ
Certified, Filed, and/or Recorded on o
MAC- ! o
12 -11 -2009 at 12:34 PM = 2
DEPUTY
%L�.S3S oo3
DIANE GRUNDHOEFER
STEARNS COUNTY RECORDER O
t
C
(Top 3 inches reserved for recording data)
LIMITED WARRANTY DEED Minnesota Uniform Conveyancing Blanks
I;usin L'ntity to Individuai(s) Form 10,12 (2006)
D
DEED TAX DUE: S = �2I DATE:
(nronth1dayloar)
FOR VALUABLE CONSIDERATION, U.S Bank National Assciatiou as Trustee for GSAA Home
EgWV Trust 200-9 Asset backed Certifitwo Series 2006-9. by BAC Home Loans Servicinfa LP FKA
C,'M rwidc Home Loans LP as Attorney in Fats.
(fnsen same of Grantor)
a Corporation underpe laws of Texas . (- Gmator•'q,
hereby conveys and quitclaims to 7o14ea Q=m
insert name of each Grantee)
Mranteen, real property in steams County, Mi=wota, legally described as follows: �
See Exhibit "A" Attached.
Check here if all or part of the described real property is Registered (1'orrens)
Tom with al/ htaedltsu and &q%r a uuL
This Dad conveys after -ao**W Lift (hamorwarrmts that Grantor his not door or auffefed anything io eodwber the pn
NONE
Check applicable bax:
13 The Seller certifies that the Seller does not know of
Any wells onthe descdbedreal ptopcny,
❑ 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 fried veil disclosure certificate.
Grantor
U.S Bank National Asscistion as 1' tmtoe f OSAA
Home Equi 200-9 Asset -backed Certificates
Series 20Q -9, b Home Setvicirrg, LP,
FKA CgGntrywid omw0bamIlLPhis Attorney in Fact
By:
S
(s+snatu -) Sicfiey Ward
Its: Assistant Secretary
(type gfartthorW
TCA I Dad%Cn
Page 102
4(0):13
of 2 Minnesota Uniform Convevancine Blanks Form 10.E -7
State of Arizona , County of M ri :nom
This instrument was admowledged before me on 9/28/2009 , by
(month/day/year)
Roseanne Silvestro
(name of authorised signer)
as Assistant Secretary
(type of authority)
and by Sidney Ward _
(name of authorised signer)
Assistant Secretary of 13AC Home Loans ServicineA Comoration under _
(type of authority) (name of Grantor)
the laws of Texas *. LPr FKA Countrywide Home Loans LP, as Attorney in Fact
for U.S. Bank National Association as Trustee for GSAA Ho #J *Trust 2 9 se acked Certificates
Series 2006-9 *Equity
JENNi Ei2 NEWIE (stg 1)
Notary Public - Arizona
Maricopa County Tideland
My Comm. Expires Mar 27, 2012 March 27 2012
My commission expire: +
(month/daydyear)
THIS INSTRUMENT WAS DRAFTED BY:
(insert name and address)
LIBERTY TITLE, INC.
17267 Yale St NW
Elk River, MN 55330
File F 09- 07014LS
TAX STATEMENTS FOR THE REAL PROPERTY
DESCRIBED IN THIS INSTKWWT SHOULD BE
SENTTO:
hares wax aadaMrrada�mer a xha++asrMeeursdearldEeane
U
4(e):14