HomeMy WebLinkAbout[02a] IUP - LommelCity of St. Joseph
IN RE:
Application of Adam Lommel /Jillian Donabauer
Interim Use Permit at 132 — 8 "' Avenue SE
FINDINGS OF FACT
AND DECISION
Owner Occupied Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5
FINDINGS OF FACT
The St. Joseph City Council hereby finds the following facts as it relates to the request of Adam
Lommel /Jullian Donabauer for an Interim Use Permit to secure a rental license.
On March 1, 2010 the St. Joseph Planning Commission conducted a public hearing to
consider the application of Adam Lommel and Jullian Donabauer for an Interim Use Permit
to allow an owner occupied rental unit at 132 — 81h Avenue SE. The matter was duly
published and notice was provided to property owners within 350 feet of the above
referenced property. During the public hearing the information to follow was introduced
into the record.
2. In response to citizen concern in 2000, the City reviewed the Zoning Ordinance as it relates
to rental property and zoning classifications. The purpose of the review was to find a
manner in which to effectively blend housing types within the R1 Zoning District. As a result
of the review the City adopted an amendment to Ordinance 52.27 allowing rental units in
the R1 Zoning District only if the property owner resides at the property. The Ordinance
was adopted by the City Council on September 21, 2000.
3. In 2007 the City again reviewed the rental provisions in the Single Family residential zoning
district. While the Ordinance was amended in 2000, the blending of rental and owner
occupied property appeared to need re- defining. On September 20, 2007 the City Council
imposed a moratorium on rental housing for 90 days to give the Planning Commission an
opportunity to review the owner occupied provision in the R1 Single Family Zoning District.
4. On February 21, 2008 the City Council accepted the recommendation of the Planning
Commission amending the provisions in section 52.27 of the St. Joseph Code of Ordinances.
The amendment restricted the number of owners for the purpose of owner occupied rental
and included language that all owners must reside at the property as their principal
residence.
5. St. Joseph Ordinance 52.04.31.a defines a family as " A family is any number of persons
living together in a room or rooms comprised of a single housekeeping unit and related by
blood, marriage, adoption, or any unrelated person who resides therein as though a
member of the family. Any group of three persons not so related but inhabiting a single
house shall, for the purposes of this Ordinance, be considered to constitute one family_"
6. On January 21, 2009 St. Joseph Police Department investigate whether the property at 132 —
8`h Avenue SE is operating as a rental unit. Property owner Adam Lommel admits he has
four persons other than himself residing at said address. After questioning by the Police
Department Lommel admits that the persons living with him are paying rent. Police advise
Lommel of the rental license process and instruct him to contact the City Offices.
[STJP ICR 09800099]
7. On August 2, 2009 St. Joseph Police Department is called to a noise complaint at 132 — 8`h
Avenue SE. The property owner was not present and the police confront the persons
residing at the home. [STJP ICR 09801407]
8. On August 3, 2009 St. Joseph Police Department met with the complainant from August 2,
2009. Complainant expresses concern with garbage strewn throughout the neighborhood
from tenants of the subject property and on the subject property. Garbage includes plastic
cups, in yards and on vehicles, broken glass and alcohol bottles. [STJP ICR 09801407]
9. On August 3, 2009 St. Joseph Police Department has contact with the property owner
regarding the complaint from the prior night. The property owner apologizes for his tenants
and offers to apologize if that is necessary. [STJP ICR 09801407]
10. On August 14, 2009 Adam Lommel is cited for violation of St. Joseph Code of Ordinances
52.27.5, renting without an Interim Use Permit. [Citation Number 1489]
11. On October 29, 2009 St. Joseph Police Department follow -up on August 14 citation visiting
the above - referenced address. The property owner is not home at the time of the visit and
the Officer confirms that the person answering the door is a tenant. [STJP ICR 09802020]
12. On November 10, 2009 St. Joseph Police Department issues a State Citation for violating St.
Joseph Code of Ordinances 52.27.5. Mandatory court date was set for November 17, 2009.
[ST4999439] Plead not guilty and pre -trial hearing has been set for May 2010.
13. On December 17, 2009 St. Joseph City Offices receives an application for Adam Lommel for
an Interim Use Permit.
14. On December 28, 2009 City Offices send notice to Lommel that his application for Interim
Use Permit cannot be considered. The governing Ordinance requires all owners reside at
the property as their primary residence and the owners may not exceed two in number.
The application submitted includes three property owners and only one resides at the
aforementioned address.
15. On January 10, 2010 St. Joseph Police Department follows up on rental status and is
informed by the City Offices that the property remains out of compliance. St. Joseph Police
Department issue a second State Citation with a mandatory court date set for January 26,
2010. [ST4999439] [STJP ICR 10800053]
16. On February 3, 2010 City Offices receives a revised application for an Interim Use Permit for
the aforementioned property. Ownership of the property has been deeded to Adam
Lommel and Jillian Donabauer. Application is processed and hearing established for March
1, 2010.
17. On February 8, 2010 St. Joseph Police Department called to a snow complaint. Tenants
from the subject property moved snow from their property to neighboring property
blocking mail box. [STJP ICR 10800216)
18. On March 1, 2010 the City received a petition signed by 25 residents requesting denial of
the Interim Use Permit. The petition stated "We feel that by granting the Interim Use
Permit it will a) lower the value's of our already falling home prices; b) Increase traffic on
our streets; c) we feel that this home has already turned into a 'party house' there is loud
music played there at all hours of the night, noisy vehicles that come and go at all hours of
the night; d) total disregard for the neighborhood by leaving their garage lie on the street
(pop cans, beer bottles, drink cups, fast food trash), plowing snow from their driveway onto
the neighbor's yard across the street from them, neighbor across the street has had to
switch bedrooms around because of the headlights and traffic in her driveway at all hours of
the night; e) the parking of up to 9 vehicles in their driveway and on the street; f)
Inaccessibility to mailbox, Postal Service refuses to deliver because of vehicles parked in
front of mailbox; g) repeated contact with owner about concerns regarding renter's
behavior go unaddressed; h) Alcohol and clothing left in adjoining neighbor's yards and
driveways; i) we feel that there are enough rentals in St. Joseph already and the need for
single family homes is greater."
19. St. Joseph Code of Ordinances 52.27 Subd. 5 provides that the property owners in a R1
Single Family Zoning district must seek an Interim Use Permit to allow tenants to help defray costs. Said
provision requires all owners of the property to reside at the house and limits the number of tenants to
three unrelated persons as defined in Ordinance 52.04.31.1.
a. Granting of an Interim Use Permit is a privilege that is granted by the City and requires a public
hearing for issuance.
b. The purpose of the Interim Use Permit is to help blend rental units in residential areas and therefore
all Interim Use Permits are reviewed annually. Renewals are based on Ordinance compliance, such as
property maintenance (grass, snow removal, garbage) and nuisance complaints (noise). Interim Use
Permits are subject to revocation for Ordinance violation.
c. St. Joseph Code of Ordinance 52.07 subd. 4(c) identifies the standards for granting an Interim Use
Permit and states: The Planning Commission shall recommend an interim use permit and the Council
shall issue such interim use permit only if it finds that such use at the proposed location:
i. Meets the standards of a special use permit set forth in Section 52.7 Subd. 3 of
this Ordinance.
Conforms to the zoning regulations, performance standards and other
requirements of this Ordinance.
DECISION AND CONCLUSION
Based on the Finding of Fact, the St. Joseph City Council denies the request for Interim Use
submitted by Adam Lommel /Jullian Donabauer to operate an owner occupied rental at 132 — 81h Avenue
SE. Denial is based on following:
The application for Interim Use Permit does not meet the standards for granting of
Ordinance 52.07, Subd. 3 9 (e) [1], [3], [4], [7] [8], [9]. Each of these sections provides that
the proposed Interim Use Permit:
"1. Will not be detrimental to or endanger the public health, safety, morals, comfort,
convenience or general welfare of the neighborhood or the City."
b. "3. Will be designed, constructed, operated and maintained so as to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area."
c. "4. Will not be hazardous or disturbing to existing future neighboring uses."
d. "7. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property, or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare or odor."
e. "8. Will have vehicular approaches to the property which are so designed as not to
create traffic congestion or an interference with traffic or surrounding public
thoroughfares."
f. "9. Will have adequate facilities to provide sufficient off - street parking and loading
space to serve the proposed use."
Over a one year period the property has been used in a manner by Lommel / Donabauer which is in
violation of the above standards. The St. Joseph Police Department has had substantial contact with the
subject property based on continuing complaints by surrounding property owners. Police reports detail
calls regarding noise, debris in and around the neighborhood as a result of events held at 132 — 8`h
Avenue SE, blocking of mailboxes and moving snow across the street in front mailboxes /driveways, and
numerous cars parked on the street resulting in blocking of access to mailboxes.
2. Over a one year period the St. Joseph Police Department has made contact with the
property owner and tenants at 132 — 8 t Avenue SE trying to bring the property into
compliance with Ordinance 52.27. The property owner disregarded the attempts by the City
and continued to operate the property as a rental unit without a valid rental license.
a. On January 21, 2009 Lommel admitted to renting to four persons. He was
instructed to contact the City Offices to secure the necessary paperwork to apply for
an Interim Use Permit. Lommel disregarded the instruction from the officer.
b. On August 3, 2009 St. Joseph Officers again have a discussion with Lommel who
apologizes for the actions of his tenants and is told he needed to apply for an
Interim use Permit if he wished to continue renting. Lommel disregarded the
instruction from the Officer and was issued a citation for renting without a license
which he paid.
On October 29 Lommel is cited again for renting without a license, disregarding the
instruction of the Police Officer.
Lack of follow through by the property owner results in a third citation for renting
without a license. Citation issued in January 2010.
Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph City, the request
for Interim Use to operate an owner occupied rental unit at 132 — 8th Avenue SE is denied.
Passed by Resolution of the City Council on March 25, 2010.
CITY OF ST. JOSEPH
By
By
Alan Rassier, Mayor
Judy Weyrens, Administrator