HomeMy WebLinkAbout[04c] Interim Use PermitCTW OF 8-r. jomw"
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
April 15, 2010
Interim Use Permit
Administration
Council Agenda Item 4(c)
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on April 5, 2010 to consider the request of Steven Derdoski to secure an Interim Use
Permit to allow an owner occupied rental unit at 712 — 7`h Avenue NE. 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:
Planning Commission — Request for Action [04- 05- 10] ..................
4(c):1
Public Hearing Notice ............................................ ...............................
4(c):2
Findingof Fact ........................................................ ...............................
4(c):3 -4
Police Report [ 02- 10- 10] ...................................... ...............................
4(c):5
Application for Interim Use .................................. ...............................
4(c):6 -8
Narrative Indicating Purpose ............................... ...............................
4(c):9
Affidavitof Residency ........................................... ...............................
4(c):10
Proofof Ownership ............................................... ...............................
4(c):11
VicinityMap ........................................................... ...............................
4(c):12
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the resolution of
findings granting an Interim use Permit to Steven Derdoski, 712 — 7`h Avenue NE 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.
crily of ST. M)"Wii Planning Commission Agenda Item 4
MEETING DATE: April 5, 2010
AGENDA ITEM: Public Hearing, Interim Use Permit
Steven Derdoski, 712 — 7th Avenue NE
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
granting an Interim Use Permit to Steven Derdoski allowing an owner occupied rental unit at 712 — 7th
Avenue NE with a maximum density of two tenants.
PREVIOUS PLANNING COMMISSION ACTION:
BACKGROUND INFORMATION: Steven Derdoski submitted an application for Interim Use to allow a
rental unit at 712 — 7th Avenue NE. Derdoski requested an interim use permit after it was noticed by the
Police Department that his property appeared to be operating as a rental unit. 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
4:2
Findings of Fact
4:3-4
Police Report
4:5
Application Form
4:6 -8
Narrative indicating purpose
4:9
Affidavit of Residency
4:10
Proof of Ownership
4:11
Vicinity Map
4:12
REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and
Administrator to execute the Findings of Fact recommending the Council issue an Interim Use Permit to
Steven Derdoski to operate an owner occupied rental unit at 712 — 7th Avenue NE.
4(c):1
CITY OF ST. OSE
1 pt:��
.NAA, WWW. cityof stjoseph.com
Public Hearing
City of St. Joseph
Administrator
The St. Joseph Planning Commission shall conduct a public hearing on Monday, April 5,
Judy Weyrens
2010 at 7:00 PM at the St. Joseph City Hall. The purpose of the hearing is to consider an
Interim Use permit to allow an owner occupied rental at 712 7th Avenue NE. The property is
legally described as Lot 12, Block 2, Northland Plat 5.
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
All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written
testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 668, St.
Joseph, MN 56374.
Steven Derdoski, 712 7th Avenue NE, St. Joseph, MN 56374 has submitted the request for
Interim Use.
Judy Weyrens
Administrator
Publish: March 19, 2010
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712 7'h Avenue NE
4(c):2
z5 College Avenue North • PO Box 668 • Saint Ioseph, Minnesota 56374
Phone 3zo.363.7z01 Fax 3zo.363.034z
City of St. Joseph
IN RE:
Application of Steven Derdoski
Interim Use Permit at 712 — 7`h Avenue NE
FINDINGS OF FACT
AND DECISION
Owner Occupied Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5
FINDINGS OF FACT
On April 5, 2010 the St. Joseph Planning Commission conducted a public hearing to consider the
application of Steven Derdoski for an Interim Use Permit to allow an owner occupied rental unit at 712 —
7`h Avenue NE. The matter was duly published and notice was provided to property owners within 350
feet of the above referenced property.
The Planning Commission hereby finds the following facts as it relates to the request of Steven
Derdoski for an Interim Use Permit to secure a rental license.
1. 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.
2. 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.
3. 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.
4. 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.
5. On February 10, 2010 the St. Joseph Police Department is informed that Derdoski is
operating a rental unit and subsequently he is requested to submit an application for
interim use.
6. On March 1, 2010 Steven Derdoski submitted an application for Interim Use to allow an
owner occupied rental unit at 712 — 7t" Avenue NE.
4(c):3
7. Upon review of the application it was determined complete and met the following criteria:
a) he is the sole owner of said property providing proof thereof; b) the dwelling unit does
not have a separate kitchen facility.
DECISION AND CONCLUSION
Based on the Finding of Fact, the St. Joseph Planning Commission recommends approval of the
Interim Use Permit with the following conditions:
1. St. Joseph Code of Ordinances 52.27 Subd. 5 provide property owners in a RI Single Family
Zoning district to 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.
2. The City has been working with the property owner at 712 — 7ch Avenue NE to bring the
property into compliance with the Ordinance.
3. Granting of an Interim Use Permit is a privilege that is granted by the City and reviewed
annually for Ordinance Compliance and are therefore issued with contingencies. The
Interim Use is being recommended with the following conditions:
a. The property owner will complete the license process with 30 days of Council
approval of the Interim Use Permit at which time the property shall be in full
compliance with the St. Joseph Code of Ordinances, including the maximum density.
b. The property owner will manage the property in compliance with the St. Joseph
Code of Ordinances.
c. After the initial review of the Interim Use Permit in August 2010 the permit shall be
reviewed annually with notification in the St. Joseph Newsleader allowing for input
from the neighborhood.
d. The Interim Use Permit shall expire upon transfer of property.
Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning
Commission, the request for Interim Use is forwarded to the City Council as a recommendation for
approval.
Passed by Resolution of the St. Joseph Planning Commission on April 5, 2010.
CITY OF ST. JOSEPH
By
By
Kathleen Kalinowski, Chair
Judy Weyrens, Administrator
4(c):4
Incident Report
ENT'D
4(c):5
Officer assigned: Badge Number: How Recd: Supervisor Approval:
MOM
M28
Johnson 7707 Visual 0 (
* 1 0 8 0=0 2 *
Reported By: 0 See Complainant Squad: In Squad Video: Photos Taken:
SJPD 704 ® Yes ❑ No ❑ Yes ® No
TYPE OF OFFENSES — INCIDENT CLASSIFICATION
1.
Rental Violation
2.
3.
Level of Offense: Level of Offense: Level of Offense:
❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony ❑ P. Mlsd. ❑ Misd. ❑ G. Misd. ❑ Felony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony
Location of Incident: Date Incident Occurred: Day of Week Incident Occurred:
712 7th Avenue NE
12/18/2009 Friday
Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared:
02/10/2010 11700 11700 11705
1700
ASSISTING OFFICERS
Assisting Officer(s):
PARTICIPANT # 1 ❑ COMP ❑ VICTIM 0 SUSPECT p WITNESS ❑ MENTIONED ❑ JUVENILE ®M ❑ F
Name (Last, First, Middle) Date of wm: Race: D/L #: State:
Derdoski, Steven John 01/24/1964 CAC NS14186010610 MN
Street Address:
City, State, ZIP:
Phone:
712 7th Avenue NE
St Joseph, MN 56374
To Jail:
Citation Issued:
Citation #:
Eyes:
Hgt;
yy�;
❑ Yes ® No
❑ Yes ® No
Brown
511
1180
PARTICIPANT #2 ❑ COMP ❑ VICTIM ❑ SUSPECT ❑ WITNESS 0 MENTIONED ❑ JUVENILE ®M ❑ F
Name (Last, First, middle) Date of Birth: Race: D/L #: State:
Ditto, Joel Michael
06/17/1983 CAC Q297149881018 MN
Street Address:
712 7th Avenue NE
City, state, Zip:
Phone:
St Joseph, MN 56374
To Jail:
Citation Issued:
Citation #:
Eyes:
Hgt:
Wgt:
❑ Yes ® No 1
❑ Yes ® No j
Blue
1603 1190
VEHICLE #1
License Plate Number: State of License Plate: Year: Make: M�
Color of Vehicle: Towed By: Vin #:
VEHICLE #2
License Plate Number:
State of License Plate:
Year:
Make:
Model:
Color of Vehicle:
Towed By:
Vin #:
NARRATIVE (Make sure to include any property)
While on another, unrelated call, Ditto told me that he rented from Derdoski at the above address. It
was later found that Derdoski does not have a rental license with the City of St Joseph. See case file
for additional.
4(c):5
APPLICATION FOR INTERIM USE PERMIT
City of St. Joseph
Fee$
25 College Avenue N
PO Box 668 Okjrk) (" If Q 10
Paid
St. Joseph, MN 56374 ; __1EPH fis
Phone (320)363-7201 or Fax (320)363-0342 1 Date -3 /_ 10
STATE OF MINNESOTA )
) ss
COUNTY OF STEARNS )
NAME: c fe- V. C k)
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,
PHONE:
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ADDRESS:
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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:
oWn-cr 0CCL'F/ "G/ l� th4il
2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, ffany
(attach additional sheet if necessary):
/_O� CIS ) 61.oci fwc, W, Moil'�'.J P/"j 6VL
3. Present zoning of the above described property Is:
4. Name and address of the present owner of the above described land.
Sylcvr-h a Oerdd-sk` 7 /;, 7 � l A v IV, K,
5. Is the proposed use compatible with the future and present land uses of the area? Please explain:
Yes F No
4(c):6
Wo. the proposed use depreciate the area in which it is proposed? Please explain:
F Yes No
7. Can the proposed use be occomodated with existing City service without overburdening the system? Please explain:
9 Yes F No
8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
Yes r No
Attached to this application, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature: - :�' Date:
OV
Property Owner Signature: Date:
Date application submitted: Date application completed:
Planning Commission Action: r Recommend Approval r' Recommend Disapproval Date of Action:
City Council Action: Approved r Disapproved Date of Action:
Date Applicant/Property owner notified of City Council Action:
4(c):7
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: r 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. r t
r No
3. Required Fee. $400.00 Yes
r No
4. Payment of Additional Fees.
COMMENTS
I /we understand taht I /we are responsible for reimbursing the City for any additional legal, engineering, building inspection or
planning fees associated with my request.
Applicant Signature:
Date: -/ G
4(08
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4(c):9
College Avenue North, St. Joseph MN 563.
(320) 363 -7201
AFFIDAVIT OF RESIDENCY
Applicant Name SCANNED
Address �, - f
/" Jo g1%. Number of Tenants
Zoning P111, Single Family (` B1, Central Business (` B2, Highway Business
Ownership Copy of deed showing Requirement
Requirement -pz 50 % r 100% interest must be attached fulfilled
r Yes r No r N/a
being of legal age, do hereby by attest and affirm the following:
1. My primary residence is ,2/2, 2' tr Ay %►/, C
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 responsibility to notify the City of any change of residency.
3. 1 make this Affidavit for no improper purpose.
4. 1 understand that deliberate falsification and /or omission pertaining to this affidavit will in result in
revocation of the Interim use Permit and the City will pursue civil and /or legal action.
; ignature
Date
...........................
tate of MN
ounty of Stearns
in this ,�, day of 20__/0, before me )`� u(� ,�1 (fit ��C
a notary public, personally
ppeared '2> U 11 5 G proved on the basis of satisfactory evidence to be the person(s) whose name (s)
(are) subscribed to this instrument, and acknowledged (he /she/they) exectuted the same. Witness my hand and official seal.
otary Signature
�wriwwa�e
( SARAH BIALKE
-w NOTARY PUBLIC - MINNESOTA
f ____ - MY Commission Expires Jan. 31, 2015
4(c):10
d�? Twesfer entlered
Date
r �
County Rudltor
B I kda Deputy
1145762
05 MAR -8 PM 1: 28
C'01"V' -' ^CC^ ^PER
STEAR;' i OWNT V. HrJ
DIAti% G! !;;DHOEFER
0 Y __��. __•_____,� D E F tJ T Y
WARRANTY DEED
Individual(s) to Joint Tenants
STATE DEED TAX DUE HEREON:$ 587.40
Date: MARCH 4, 2005
SCANNED
FOR VALUABLE CONSIDERATION, AARON M SCHOLZ and KARI P SCHOLZ,
husband and wife, Grantors, hereby convey and warrant to STEVEN J DERDOSKI and CAROLYN
A DERDOSKI, husband and wife, Grantees, as joint tenants, real property in unty,
Minnesota, described as follows:
J LOT TWELVE (12), BLOCK TWO (2), NORTHLAND PLAT FIVE
Seller certifies that the seller does not know of any wells on the described real property
together with all hereditaments and appurtenances belonging thereto, subject to the following
exceptions:
Any easements, restrictions and reservations of record, if any.
STATE OF MINNESOTA )
)ss.
COUNTY OF CP5VA 'V-�, )
KARI P SCHOLZ
The foregoing instrument was acknowledged before me this 4TH day of MARCH, 2005, by
AARON M SCHOLZ and KARI P SCHOLZ, husband and wife, Grantors.
'r. • ` »\
LAO.
otary Public
THIS INSTRUMENT WAS DRAFTED BY: Tax Statements for the real 4(c):11
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