HomeMy WebLinkAbout[04f] Interim Use Permit •
CM' OF ST. JUti$li.PH Council Agenda Item 4(f)
MEETING DATE: September 2, 2010
AGENDA ITEM: Interim Use Permit — Requested Action: Accept the
recommendation of the Planning granting an Interim use Permit to Mary Long, 302 — 7th Avenue SE,
allowing an owner occupied rental unit
SUBMITTED BY: Administration
BOARD / COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on August 2, 2010 to consider the request of Mary Long to secure an Interim Use Permit
to allow an owner occupied rental unit at 302 — 7 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:
Request for Council Action 4(f):1 -2
Findings of Fact and Decision 4(f):3 -4
Request for Planning Commission Action 4(f):5
Public Hearing 4(f):6
Planning Commission Findings of Fact 4(f):7 -9
Application for Interim Use Permit 4(f):10 -11
Affidavit of Residency 4(f):12
Proof of Ownership 4(f):13 -14
Resident Correspondence 4(f):15 -16
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the resolution of
findings granting an Interim use Permit to Mary Long, 302 — 7 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.
4(f):1
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Mary Long AND DECISION
Interim Use Permit at 302 - 7th Avenue SE
Owner Occupied Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5
FINDINGS OF FACT
On August 2, 2010 the St. Joseph Planning Commission conducted a public hearing to consider
the application of Mary Long for an Interim Use Permit to allow an owner occupied rental unit at 302 -
7th Avenue SE. 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 Mary
Long 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 May 212009, upon receiving a favorable recommendation from the St. Joseph Planning
Commission, the City Council issued an Interim Use Permit to Christine Long, 302 — 7th
Avenue SE allowing an owner occupied rental with a maximum density of 2 unrelated
persons.
6. Since issuance of the Interim Use Permit, Long has completed the rental licensure process
and the property has operated as an owner occupied rental without Ordinance compliance
issues.
•
4(f):3
7. The Interim Use Permit issued to Christine Long included a provision that the Permit was not
transferable and was owner specific. Therefore, if she no longer resided at the property, the
rental license would be null and void.
8. Based a Quit Claim Deed recorded on May 25, 2010, the property owner has changed to
Mary Long. (Stearns County Document Number A1316378)
9. On July 9, 2010 Mary Long submitted an application for Interim Use to allow an owner
occupied rental unit at 302 - 7th Avenue SE.
10. 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 City Council approval issuance 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. 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 City Council, the
Interim Use Permit is hereby issued.
Passed by Resolution of the St. Joseph City Council on September 2, 2010.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
4(f) :4
Planning Commission Agenda Item 5
CITY OF tn . . JOSI.PH
Sedi
MEETING DATE: August 2, 2010
AGENDA ITEM: Public Hearing, Interim Use Permit
Mary Long, 302 — 7th Avenue SE
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
granting an Interim Use Permit to Mary Long allowing an owner occupied rental unit at 302 — 7 Avenue
SE with a maximum density of two tenants.
PREVIOUS PLANNING COMMISSION ACTION:
BACKGROUND INFORMATION: Mary Long submitted an application for Interim Use to allow a rental
unit at 302 — 7 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 PC Action 1 -2
Hearing Notice 3 -4
Findings of Fact 5 -8
Application Form 9 -10
Affidavit of Residency 1142
Proof of Ownership 13 -14
Vicinity Map 15 -16
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
Mary Long to operate an owner occupied rental unit at 302 — 7 Avenue SE.
4(f):5
III
\ CITY OF ST. J OSEPH
www.cityof stjoseph.com
/
ISCANAZD
Public Hearing
City of St. Joseph
Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, August 2,
Judy Weyrens 2010 at 7:15 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 302 7 Avenue SE. The property is
legally described as Lot 6 and W 10' of Lot 5, Block 2, Cloverdale Estates.
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
Steve Frank 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
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.
Mary Long, 302 7 Avenue SE, St. Joseph, MN 56374 has submitted the request for Interim
Use.
Judy Weyrens
Administrator
Publish: July 23, 2010
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2.5 College Avenue North • PO Box 668 . Saint loseph, Minnesota 5 6374
4(0:6
Phone 310.363.7101 Fax 310.363.0342
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Mary Long AND DECISION
Interim Use Permit at 302 - 7th Avenue SE
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 Mary Long for an Interim Use Permit to allow an owner occupied rental unit at 302 - 7th
Avenue SE. 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 Mary
Long 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 May 212009, upon receiving a favorable recommendation from the St. Joseph Planning
Commission, the City Council issued an Interim Use Permit to Christine Long, 302 — 7
Avenue SE allowing an owner occupied rental with a maximum density of 2 unrelated
persons.
4(f):7
6. Since issuance of the Interim Use Permit, Long has completed the rental licensure process
and the property has operated as an owner occupied rental without Ordinance compliance
issues.
7. The Interim Use Permit issued to Christine Long included a provision that the Permit was not
transferable and was owner specific. Therefore, if she no longer resided at the property, the
rental license would be null and void.
8. Based a Quit Claim Deed recorded on May 25, 2010, the property owner has changed to
Mary Long. (Stearns County Document Number A1316378)
9. On July 9, 2010 Mary Long submitted an application for Interim Use to allow an owner
occupied rental unit at 302 - 7th Avenue SE.
10. 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. 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.
4(f):8
Passed by Resolution of the St. Joseph Planning Commission on August 2, 2010.
CITY OF ST. JOSEPH
8y
Kathleen Kalinowski, Chair
By
Judy Weyrens, Administrator
4(f):9
VI
P °PLICATION FOR INTERIM USE PERM'
City of St. Joseph r, '' ,,..
25 College Avenue N Fee $ [{OL 01
PO Box 668 SCANNED
St. Joseph, MN 56374
Phone Phone (320)363 -7201 or Fax (320)36 -0
RR,E1VED Date 7-q -l0
STATE OF MINNESOTA) jut 0 9 2010
) ss
COUNTY OF STEARNS ) JOSEPH
■
NAME: Nil 6 N' \V r L_(..A" �(�� PHONE: (4:S\ Alif.‘ C‘ � ,�
ADDRESS: ) EMAIL: 1"►-N1 V ,,> k, 'i...-C,)' J
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:
.1 11 i rend l — a
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):
1c- 5‘■,1(6) Gv / yt- I o . wt 6 - j ( 2) f
C 1 l 't Q(e atQ S curd �S 'pied- ply t r ,3 9(4 , -r b f
. _ - h u e . S , 51 . ,e fr ) S(p3
3. Present zoning of the above described property is: I&t ( d p z
4. Name and address of the present owner of the above described land:
Mow La
PJ€
)-e
5 Is the proposed use compatible with the future and present land uses of the area? Please explain:
(] Yes r No
WI U Vevrcun re. d on 41 G(,l tnc (hc kj I M Fgann
C\A
.................. _............_...........
4(f):10
6. Will the proposed use depreciate the area . ✓hich it is proposed? Please explain:
Yes No
CG�tnno� aVA ‘q0• , 01/48( ere(Actfic.u1
7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain:
Yes No
d� Y1 Qvinii C xx an Lik 10k-cc-em Gt 5e
Wi'y 3 G i e - .S (' et c S eq
U ,
8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
Yes (`', No
T h+ aflt iCA °4 G�, �Yl G'Pe_e C
CUA & c,c.&e)
Attached to this application, and made a part th eof, are other m erial submission data requirements, as indicated.
Applicant Signature: A A • Date: (p • 1 '1
Property Owner Signat e: , A, 1 15 tZ i h Date: ( ` 14 • 1V
4 1
OR OFFICE USE ONLY
Date application submitted: Date application completed:
Planning Commission Action: r Recommend Approval r Recommend Disapproval Date of Action:
City Council Action: r Approved r Disapproved Date of Action:
Date Applicant/Property owner notified of City Council Action:
4(f):11
CITY OF ST. JOSEPH
:ollege Avenue North, St. Joseph MN 563:
(320) 363 -7201
AFFIDAVIT OF RESIDENCY
Applicant Name 1V\ L C', i,
Address • � 1 ��' = • Number of Tenants
Zoning Single Family r B1, Central Business
(` B2, Highway Business
Ownership Copy of deed showing Requirement
Requirement 50 % ( 100% interest must be attached fulfill r Yes r No r N/a
I, C being of legal age, do hereby by attest and affirm the following:
1. My • • ary residence is A.,79 i 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. I make this Affidavit for no improper purpose.
4. I 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 , t ' Date C ' 1 1 1 10
OW001
4 01
State of MN
County of Stearns �� /Qn
On this dax of , 20 IQbefore me C=X/r'b 1 6itU 11X- , a notary public, personally
appeared (X proved on the basis of satisfactory evidence to be the person(s) whose name (s)
is (are) subscribed to t instrumend acknowledged (he /she /they) exectuted the same. Witness my hand and official seal.
5t2 uep 20403 uoissiwwoo Rpy ; -; .. •
Notary Signature « " j d�fl • �IlBfld �lad ,
4(f):12
NO DELINQUENT TAXES AND
TRANSFER ENTERED : "
omri V .1-5 o' OFFICE OF COUNTY RECORDER -, j.
S TEARNS COUNTY, MINNESOTA
l .l 1 / ( l
scetivxgo '
Document: A1316378
fi r
M
DEPUTY Certified, Filed, and /or Recorded on 00
9 5 L. 70. 00L1 May 25, 2010 9:34 AM
DIANE GRUNDHOEFER
STEARNS COUNTY RECORDER
QUIT CLAN DEED Minnesota Uniform Conveyancing Blanks
Individual(s) to Individual(s) Form 10.3.1(2010)
DEED TAX DUE: $ I . (J5 DATE: 51a5 1 I D
(ma Thk yN )
FOR VALUABLE CONSIDERATION, C hr i's -i like. Ler - s7,-10,0 (aaemmare and mama/ status of e anti)
("Grantor),
hereby conveys and quitclaims to tiI0,vN Lo Y\
Insert named each Grantee)
L ( "Grantee"), real property
in S e C Y t:: S C County, Minnesota, legally described as follows:
1_ X ((o) otvkd 1 trJeSa /O. 00 ft el- .4 Lsl- Five ( )
PAOC . W ,, CZ of Cloverdale 5+' +e5, a. ccordi► -}a -'he
. Qia+ aid s' W vt9 1- 60.'e 4 vtow 6n - File a.v cl cf ?re Gay d
to +hr- 6f - cit 4 S4cvYu' C o Fec Ycle- - 1 Smear CotA, +4
1-4 IAA eso-i
Check here if all or part of the described real property is Registered (Torrens) ❑
w
together with all hereditaments and appurtenances belonging thereto.
T Ca /LSl Abe- 1 i le dr 1 S"bO
Check applicable box: Grantor a
❑ The Seller certifies that the Seller does not know of any wells on /
the described real properly. /,
❑ A well disclosure certificate accompanies this document or has (stye '
been electronically filed. (If electronically filed, insert WDC
number: .)
VI!L I am familiar with the property described in this instrument and G
I certify that the status and number of wells on the described
real property have not changed since the last previously filed
well disclosure certificate.
✓ OACX �f I (:, C:1- Page 1 oft
j — I I V\ Wk ci. n `: SCR / of ,2 4(f):13
_
Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.3.1
State of Minnesota, County of lea .-4 $ /
eArjjf1nc Ianq
This instrument was acknowledged before me on 4 7r a6 ‘96/0 , by r a
OhonWday/yeaf)
(insert name and manta/ status of each Grantor)
•
(Seak if any)
J
dE>' Axn/Wx�aM/�'�tNJ (sign ' •I officer)
4 a JAMES STEGURA Title (and Rank):
�` ' �
%VW NOTARY PUBLIC-MINNESOTA
' My Comm. Exp. ,tan. 31, 2012 My commission expires:
(month/day&ear)
THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
(insert wand address) INSTRUMENT SHOULD BE SENT TO:
(insert name and address of Grantee to whom tax statements should be sent)
D - a t Lo4.1 De,se_ J
1 3 NJ Ctrl 12-octr9 S N C(Y -:Je.- 2009
ivviv s+- Pctu 1 444)
20 TRESO7
5/25/2010 9:25:34
10'' DEED TX X
PAID
1.65
SCR 02 of a , •
4(f):14
Public Hearing Interim Use permit for 302 7 Avenue SE, St. Joseph, MN
We received the notice of a public hearing for owner occupied rental use for the address
above. We are unable to be at the meeting on August 2. Our concerns are listed below:
This residence has been used for rental the past several years. It is in the vicinity of our
residence and, at this point, we have had no concerns about the people who occupied the
home in the past. The young people occupying this home were very respectful and fairly
quiet.
Our concern is in the area of upkeep of the property. The yard is weedy, items lying
around -- unkempt with very little attention being paid to cutting, trimming and keeping
the weeds /dandelions from going into seed and spreading around the neighborhood.
Oftentimes their dogs are not leashed and so do not stay on their property to do their
"duty." Should not the owners illustrate responsibility for the upkeep of the property prior
to concerning themselves with renters? The care given to rentals such as this devalue the
properties around it. (This may not be a topic that is taken into consideration when
issuing an interim use permit, but it is important to the entire neighborhood.)
4(f):15
Page 1 of 1
Larry and Mary
From: "Larry and Mary" <Imwens @mywdo.com>
To: "Judy Weyrens" <www.cityofstjoseph.com>
Cc: "Judy Weyrens" < www.cityofstjoseph.com>
Sent: Monday, August 02, 2010 8:58 AM
Subject: ST JOSEPH CODE OF ORDINANCES52.27 SUBD.5
In regards to lot no. 302 7th ave se, We are the owners of the lot no. 712 callaway st e and are planing to build
this or next summer. We are retired and will not except any loud noises after 11 pm, if this happens the St Joseph
police will be called. As of now the yard of 302 has not been matained, long grass and weeds and lots of dog
dodo also, dog dodo in our yard, first cutting after purchase of the lot a 5 gal bucket was picked up in our yard.AS
YOU CAN TELL BY OUR EXPERIANCE WE ARE TOTALLY AGAINST GRANTING THEM PERMISSION TO
HAVE RENTERS. Larry and Mary Wensmann phone is 333 7852
A4/%44,1"0 2/- 0
Uffi-A4-4.44'`12'v //0
4(f):16