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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( . i \ll 1 7. Can the proposed use be accomodoted with existing City service without overburdening the system? Please explain: JX Yes No Inc. 6oc 1"-5 Leo tl m u yews old cvW IjkW jaiM� AACJ 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 -The location of the inprovenents shown os this drawing ore opprox mote and ore based on o vlsual Inspection of the prenlses. The tot dinenslons are token (ran the recorded plot or county records. This drawing is for tnfornotionol purposes and should not be used as a survey. 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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