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HomeMy WebLinkAbout[04] Randy Erickson IUPciWOF ST. Jn EP Planning Commission Agenda Item 4 MEETING DATE: June 7, 2010 AGENDA ITEM: Public Hearing, Interim Use Permit —Owner Occupied Rental Randy Erickson 519 Graceview Drive SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: None BACKGROUND INFORMATION: The City Office was made aware of a potential rental at 519 Graceview Drive. The City Office mailed a compliance order to the property owner and the Police Department made personal contact the same. Mr. Erickson received an administrative ticket for renting without a license and has since paid the ticket and provided the required paperwork to apply for the Interim Use Permit. ATTACHMENTS: Request for Planning Commission Consideration 4:1 Hearing Notice 4 :2 Findings of Fact 4:3 -4 Narrative indicating purpose 4:5 Application for Interim Use 4:6 -8 Affidavit of Residency 4:9 Proof of Ownership 4:10 Vicinity Map 4:11 2010 [05] May 12 — SJPD Citation /ICR 4:12 -15 2010 [05] May 10 — Compliance Order 4:16 Summary of Conversations with Erickson 4:17 -18 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 Randy Erickson to operate an owner occupied rental unit at 519 Graceview Drive. 4:1 id CITY OF ST. JOSEPH WWW. cltyof stjoseph.com blot Sc"AwD Public Hearing City of St. Joseph Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, June 7, 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 519 Graceview Drive E. The property is legally described as Lot 24, Block 3, Graceview Estates. 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 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 Vick 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. Randy Erickson, 519 Graceview Drive, St. Joseph, MN 56374 has submitted the request for Interim Use. Judy Weyrens Administrator Publish: May 28, 2010 9-1 T 121 v 081 505 142 `a" , 12? peg^ �4s� 1s3 k s 152 50103 164 j daieteJi : ,. ................. , 515593T 519 Graceview Drive 509 413.# j -- .� .. t....._.. l , 1 fiQ7 mow. .SW:.: -522 04 00 213 1 ti 569 5+5162®. Q9 e1 Q' �ale 1; 1514 619 % F raaa efi0 1 513q� 515 51Q, 4:2 2s College Avenue North • PO Box 668 • Saint Joseph, Minnesota 56374. Phone- 320.363.7101 Fax 320.363.0342 City of St. Joseph IN RE: Application of Randy Erickson Interim Use Permit at 519 Graceview Drive 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 June 7, 2010 the St. Joseph Planning Commission conducted a public hearing to consider the application of Randy Erickson for an Interim Use Permit to allow an owner occupied rental unit at 519 Graceview Drive. 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 Randy Erickson for an Interim Use Permit to secure a rental license. 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 May 10, 2010 the City Office mails a compliance order to Erickson as the office was notified of a potential rental unitl. On this same date Erickson called the City Offices stated that he would be coming into the Office to discuss his situation on May 11, 2010. (See attachment) 6. On May 12, 2010 Randy Erickson come to the City Offices to discuss his current situation, looking for ways to rent the property without residing at the house. Erickson is provided with information regarding the process and requirements. He was instructed that the property must be in compliance no later than May 17, 2010. 4:3 7. On May 12, 2010 Randy Erickson is cited for renting without a license 8. 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 R1 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 519 Graceview Drive Avenue 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 2011the 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 June 7, 2010. CITY OF ST. JOSEPH By By Kathleen Kalinowski, Chair Judy Weyrens, Administrator 4:4 I\c r l bc koN � 4Qc' Q14 1At)--- x-63-- 4:5 P "LICATION FOR INTERIM USE PERM'' 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 ) Fee $ Paid Date NAME: L S PHONE: ADDRESS: J� EMAIL: L- iA6 , Co Yf\ 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: -tb tvtx a row F am; 1\ r as i d e i A yy%'�3 �\b yv\e W i ll, me 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): 3. Present zoning of the above described property is: 4. Name and address of the present owner of the above described land: R'0' 1_C'� 5r i S)9 o- ��V�C\6 10 �s�'�'C" 5 %C' Gr(M -CV �eW Ott. 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: Yes 0 4:6 6. Will the proposed use depreciate the arear:n which it is proposed? Please explain: Yes � No h e'n-C y ;Y\ > � eX�. j fis a � ; iy fi� n� _ J 7. Can the proposed use be occomodated with existing City service without overburdening the system? Please explain: r; Yes A No 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: Yes (` No Attached to this application, and ade a par ereof, are other material submission data requirements, as indicated. Applicant Signature: Date: S-) 9 J In y Property Owner Signature: Date: Date application submitted: ONL Date application completed: Nanning Commission Action: Recommend Approval r Recommend Disapproval Date of Action: Zity Council Action: r Approved r Disapproved Date of Action: Date Applicant /Property owner notified of City Council Action: 4:7 City of St. Joseph Required Material Submission Interim Use Material 166 Completed applications for Interim Use requests and required fees shall be submitted the City of St. Joseph Zonm Bator at least 20 days prior to the proposed date of consideration by the City. The twenty days allows the City to review the applica �fi, 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 (R 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. No 3. Required Fee. $400.00 Yes r F7 No 4. Payment of Additional Fees. COMMENTS I /we understand taht I /we a esponsible f r reimbursing the City for any additional legal, engineering, building inspection or planning fees associated wit mTy request. r Applicant Signature: �H,* Date: 4:8 Applicant Name Address 5' q CITY OF ST. JOSEPH College Avenue North, St. Joseph MN 563 (320) 363 -7201 AFFIDAVIT OF RESIDENCY ,sd CzA Deb of. -� Zoning � R1, Single Family (' B1, Central Business (': B2, Highway Business Number of Tenants p� Ownership Copy of deed showing Requirement Requirement r 50 % 100% interest must be attached fulfilled 'IV Yes F- No F- N/a 1, I� being of legal age, do hereby by attest and affirm the following: 1. My primary residence is Jam✓ I �rAC . V��bl� ,�Y. 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. Signature Wi a .. State of MN County of Stearns On this day of 20-1(/-. before me a notary public, personally appeared c proved on the b sis of satisfactory evidence to be the person(s) whose name (s) is (are) subscribed to his instrument, and acknowledged (he /she /they) exectuted the same. Witness my hand and official seal. Notary Sign SMyCornm JUDYANN WEYRENS NOTARY PUBLIC - MINNESOTA ission bores Jan. 31, 2015 4:9 V us' IV, f r. T*mkkt enterto- Due q 7 d 7 County /Auditor By ` ` Deputy OFFICE OF COUNTY RECORDER STEARNS COUNTY, MINNESOTA Document # 1239375- Certified, Filed, and /or Recorded on 09 -27 -2007 at 01:18 PM DIANE GRUNDHOEFER STEARNS COUNTY RECORDER ►N /D®CS Form No. 119 -M - AFFIDAVIT OF IDENTITY AND SURVIVORSHIP Miller /Davis Co. © St. Paul, MN 651 -642 -1988 (Top 3 inches Reserved for Recording Data) Minnesota Uniform Conveyancing Blanks (198 1) STATE OF MINNESOTA SS. NAME OF DECEDENT COUNTY OF STEARNS ON TAN E RAE E TCK ON AKA Connie Erickson I, RANDY ERICKSON 519 GRACEVIEW DRIVE ST JOSEPH MN 56374 Name of Affiant and Address of Affiant being first duly sworn, on oath state from personal knowledge: That the above named decedent is the person named in the certified copy of Certificate of Death attached hereto and made a part hereof. That the name(s) of the survivor(s) is / are RANDY ERICKSON That said decedent on date of death was an owner as a 'oink t tenan life tenant of the land legally described as follows: LOT 24, BLOCK 3, GRACEVIEW ESTATES, ACCORDING TO THE PLAT AND SURVEY THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR STEARNS COUNTY, MINNESOTA. (If more space is needed, continue on back) as shown by instrument recorded in Book of Page , or as Document No. 1151365 in the office of the County Recorder of _ STEARNS County, Minnesota, or as shown on Certificate of Title No. , Files of the Registrar of Titles of County, NbWsota. SIGNATURE OF AFFIANT THIS STRUMENT WAS DRAFrED BY (NAME AND ADDRESS): DataViewOnline Map Page 1 of l Buffer Map 201 0 213 217 221 _.L �_ 134 313- - r 506 - -F' 612 _ 320 -��� a 504 ( 514 604 702 714 804 SQ'` •J ��D EMI ^�cSOTA ST 316 402 410 fi06 708 — �— T L 615 _ 406 414 505 513 �'-� 200 212 220 300 304 314 r 511 605 609 23 803' 811 81 u� 0 80� I 208 216 = tom- 308 I, v �22 �, 418 24 Lam— �—i- > It I -415 ABLE S1 E A6iE ST._E E ST_E 11 204 I 1 19 c— I _ ABLE 20 _� —L— to 20 301 -_ 27 4 26 411 115 114 I I 101 __ -r— r� m J 510 602 103 i 0 } 27 � 302 300 �- 409 -' L-� 102 808 810 ' _N 24 �T 217 128 t - -- 101 _ ABLE t ST_E _ 118 109 108 107 105 114 122 I 908 108 113 m 28 213 33 `1t 418_ i- 109 . j 132 - 303 rg4; 102 410 __ _ N _124 114 120 32 �� 219 - -- 406 13 3 � --- 115 � 119 � 110 115 35 I— 36 r J w 116 113 0 E ST E - 304. 111 y 1 31 126 m 118 p 124 ABL �F 103 L102 110 507 c 118 119 128 �I 102 _ L 113 141 /``' 121 q 124 122 119 0 r 106 117 w _114 , 505 c 125 �r' 120 123 126 _ r r 106 _ '!�? y - 145 .,'+ it 127 128 123 Vi 134 14 2 121 < 110 _110 - 111 114 125 X12 8 146 `133 134 138 127 12P 127 38 149 131 1 Yn' 114_ L F lc 131 142 119 118 WER ST E 0 127 126 / 1.,1 - 152 501 503 139 138 139 132 129 118 131, 130 155 :- 154 502 L132 137 146 ri R ST E 8 t509 BAKER ST E SAKER ST E BAKER ST E BAKER ST E � 205 607 19 _ 51F1 515 1",21 611 703 ` 9709 ii' 202 708 712 804, 8 t` 904 209= ' y- 513 519 207 713 - . 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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/html /dvo /mapLayout.htm 5/25/2010 POLICE ST. JOSEPH' F.MICAT*C CENMofCWf WM1E501A May 17, 2010 ST. JOSEPH POLICE DEPARTMENT 25 College Ave. N. P.O. Box 268 St. Joseph, Minnesota 56374 -0268 .(320) 363 -8250 E -mail: sjpd @cityofstjoseph.com Peter E. Jansky Chief of Police Randy Erickson 7484 Kahler Ct NE Albertville, MN 55301 Randy, Enclosed is administrative citation number AD 1665 for renting without a license concerning the incident that occurred on May 12, 2010. You must pay a fine in the amount of $100.00 by May 21, 2010. Penalties will be incurred if you do not pay the fine amount by the date listed. These penalties may include a warrant being issued for your arrest. If you have any questions or concerns regarding this citation, please feel free to contact our office at (320) 363 -8250. Thank you. Regar , Mary eth Munden Records Department Encl: AD 1665 Veh icle License Plate Number State Make Model Color Date of ft nse Time ❑ Ub ❑ " Props" Mww Day. S vahm un M T W TH F Sat A AedrwtyW ❑vo ❑tNun❑ftW Uftftidle Location of Offense Milemarker VI Vie Number 1 - Oeerwe Des otion ( Ddwr () Owner () Passenger () Open�te ()Park Ordinance Number Ifins amount Height Wei ght Sex Juvenile Parent/Guardian IVA-Z45 ! r>ewaa cw«.eswe Veh icle License Plate Number State Make Model Color Date of ft nse Time ❑ Ub ❑ " Props" Mww Day. S vahm un M T W TH F Sat A AedrwtyW ❑vo ❑tNun❑ftW Uftftidle Location of Offense Milemarker VI Vie Number 1 - Oeerwe Des otion ( Ddwr () Owner () Passenger () Open�te ()Park Ordinance Number Ifins amount Speed Over UffM Disobeyed ss, a s s, �q oo. r>ewaa cw«.eswe Number 2 - Offense DeeMpeon () Drkw () Owner () Passenger () Operate () Park I () I No Saet Bak Used Ordinance Number Fine Amount Number 3 - OMense Dascdption () DrKw () Owner () Passenger 0 Operate 0 Park Ordinance Number Fine Amount Note: Telephone Number: (320) 363 -8250 U11deral9ned being duly awom. depoau end dedares awt tlw pereoe named en ft oangltl� did oasnee(a). f7 011loer Badge Number 4:13 Incident Resort Officer Assigned: Badge Number: How Recd: Supervisor Approval: 11111 1� 1111111111 Jill ffEM Magaard 17708 1 Phone * 1 0 8 0 0 7 S 7 * Reported By: ❑ See Complainant Squad: In Squad Video: Photos Taken: City of St. Joseph 1 703 1 ❑ Yes ® No ❑ Yes ® No i j Mill �' �•, 1. 2. y - 3. Rent without a license Level of Offense: Level of Offense: Level of Offense: ❑ P. Misd. N Misd. ❑ G. Misd. ❑ Felony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Location of Incident: Date Incident Occurred: Day of Week Incident Occurred: 519 Graceview Drive East 05/12/2010 1 Wednesday Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared: SAA 1700 1700 1700 1705 r p, Assisting Officer(s): Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Erickson, Randy Lee 04/04/1954 Cac T460212859510 MN Street Address: City, State, ZIP: Phone: 7484 Kahler Court NE Albertville MN 55301 To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt: ❑ Yes ® No ® Yes ❑ No ❑ Yes ❑ No Grn 511 1215 Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Street Address: City, State, ZIP: Phone: To Jail: Citati on Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt: ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No y _ License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: License Plate Number: Color of Vehicle: State of License Plate: Towed By: Year: Vin #: Model: Received information that Erickson was renting his residence at the above address without a conditional use permit. See case file. ' 4:14 ST. JOSEPH POLICE DEPARTMENT Follow -Up Report ICR NUMBER: 10800757 OFFENSE/INCIDENT: Rent w/o a License LOCATION OF OCCURRENCE: 519 Graceview Drive REPORTING OFFICER: Magaard, Dan 7708 DATE OF REPORT: 05/13/2010 I was advised by the City Administrator that on May 10, 2010, she received a phone call from RANDY LEE ERICKSON, DOB: 04/04/1954, regarding his property located on 519 Graceview Drive. Erickson questioned the process for renting his residence, since he was living with his son in Albertville. This conversation was cut short when Erickson agreed to meet with the City Administrator on May 11, 2010. On May 11, 2010, Erickson did not call, nor did he stop by the office. On May 12, 2010, I received information from the City Administrator that she had a meeting with Erickson at the City Offices. He was advised of city ordinance, which does not allow him to rent out his property unless he obtains a conditional use permit. This also requires him to be living at his residence. At this time, Erickson admitted he was renting the property, and was given an application packet for a conditional use permit, along with the regulations requiring the residence to be owner occupied. Erickson was advised that he would be issued a citation for renting without a license because he did not phone or come into the office as scheduled on May I Vh. Erickson was also advised that if he did not come into compliance by Monday, May 17`h, further charges will be pursued by the Police Department. Also given to Erickson on this date was a compliance order, dated May 10, 2010, and addressed to Randy Erickson. It should also be noted that on 05 /10 /2010, Erickson also admitted to Chief Jansky that he was renting his residence. An administrative citation will be issued via US Mail, with a pay by date of May 21, 2010. See written summary of conversation submitted by Judy Weyrens, City Administrator. OFFICER SIGNATURE: DATE: I`l 4:15 1--e� \ CITY OF ST. JOSEPH V/WW. cityof stioseph. corn COMPLIANCE ORDER Sub. 3: Board of Appeals Decision. Upon at least fire (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 Joseph. Minnesota 56374 4.16 Phone 320.363.7201 Fax 320.363.0342 DATE: May 10, 2010 TO: RANDY ERICKSON Administrator 519 GRACEVIEW DRIVE Judy 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 property 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 Al Rassier The properties, (of which you are listed as the owner of), located at 519 Graceview Drive, St Joseph, Minnesota is 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 fire (5) days of the date of Steve Frank this order. .Bob Loso You have the right to appeal as follows: Renee Symdnietz Subd. 2: Right of Appeal. 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 $15.00 in cash or cashier's check and must be filed with the City Cku WAdministrator within fire (5) business days. The filing of an appeal shall 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 Appeals Decision. Upon at least fire (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 Joseph. Minnesota 56374 4.16 Phone 320.363.7201 Fax 320.363.0342 Randy Erickson — Summary of Conversations May 10, 2010 Randy Erickson contacted me regarding his property located at 519 Graceview Drive. He questioned the process for renting since he was living with his son in Albertville. I started to explain the process to him and he indicated that he would come to the office on May 11, 2010. On this same day a Compliance Order was mailed regular mail and certified mail regarding the illegal rental unit. May 11, 2010 Randy Erickson did not call nor did he stop in the office. May 12, 2010 The City received the regular mail letter back from the post office with a forwarding address of 7484 Kahler CT NE; Albertville MN 55301 -4530. Approximately 10 AM Randy Erickson comes to the City Office and I have a discussion with him regarding his property. At this same time I handed him the Compliance Order that we tried to forward via regular mail service. The following is a summary of our discussion: • Mr. Erickson admitted that he was renting the property and living at the same address. He questioned what he needs to do to be able to rent the property as non -owner occupied. I informed him of the Ordinance requirements requiring the owner to reside at the property. • Mr. Erickson was handed the application packet for applying for an interim Use Permit and the regulations requiring owner occupied. We again discussed that he must reside at the same residence if it was his intent to rent the property. • He was informed that he would be issued a ticket for renting without a license as he did not phone or come to the office on May 11, like he had indicated. • The compliance order was discussed and he was informed that he had to be in compliance within 5 days. He then questioned if that was five business days or work days. I then stated Monday May 17 to which he asked what time, I then stated 10 AM. • Erickson was given the deadline submittals for the Planning Commission in the event he chose to make application for an Interim Use Permit. • Erickson questioned what happens if he moves back into the house. I told him that I was aware that there may be circumstances which prohibit him from co- existing in 'the house with the current tenant. I suggested that he not imply that he would be moving back into the home to "get around" the Ordinance. • He agreed to remedy the situation no later than Monday, May 17 and he would be contacting me as to how the property would be compliant with the Ordinance at that same time. 4:17 May 12, 2010 Mr. Erickson contacts me to let me know that he will be moving back into the home "so everything will be okay". I questioned if the property would be vacated before Monday May 17, 2010 he questioned why that is necessary as he would be moving back in. I questioned him further and he does not intend on having the current occupants move out as he stated "they are relatives" and he can do what he wants with his property. I informed him that he can do what his wishes with his property; however in this particular case there is an Ordinance that prohibits his intentions. I told him that I wanted to make it clear that if the City finds out that he is renting, we would issue a citation for each day the property is in non compliance. He questioned how we would determine if he was renting to which I stated that the police department would investigate and if they determined that the property was being utilized as rental property we would prosecute civilly and criminally. He again stated that he will be living with relatives at his house and will not be renting. I ended the conversation by stating that I wanted to make sure he was clear that if it is determined that he is renting this property, the City will cite him for renting without a license and will do so for each day he remains out of compliance. He told me he understood. Judy Weyrens 4:18