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HomeMy WebLinkAbout[06]a Traut Interim Use • CITV OF sr J SliPtt Council Agenda Item 6(a) MEETING DATE: September 16, 2010 AGENDA ITEM: Interim Use Permit — Requested Action: Accept the recommendation of the Planning granting an Interim use Permit to Brian Traut, 329 —47 Avenue SE, allowing an owner occupied rental unit SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on September 16, 2010 to consider the request of Brian Traut to secure an Interim Use Permit to allow an owner occupied rental unit at 329 — 4 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: REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the resolution of findings granting an Interim use Permit to Brian Traut, 329 -4th Avenue SE as recommended by the Planning Commission. 6(a):1 City of St. Joseph IN RE: FINDINGS OF FACT Application of Brian Traut AND DECISION Interim Use Permit at 329- 4th Avenue SE Owner Occupied Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5 FINDINGS OF FACT On September 13, 2010 the St. Joseph Planning Commission conducted a public hearing to consider the application of Brian Traut for an Interim Use Permit to allow an owner occupied rental unit at 329 - 4th 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 Brian Traut 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 January 11, 2006 the City issued a compliance order to Brian and Sarah Traut, 329 — 4` Avenue SE for operating a rental property without a permit. The Compliance order was issued based on information from the St. Joseph Police Department. 6. On January 15, 2006 the City received a letter from Brian and Sarah Traut that they were not renting and the additional cars were from significant others. 7. The St. Joseph Police Department responded to a party call on March 212010 in which a number of minors were cited and it was determined that the property owner was renting without a license. 8. Traut was issued a citation for renting without a license, pleading guilty. He was advised that if he intended to rent any portion of his home he would first need to secure a rental license. 9. On August 23, 2010 Brian Traut submitted an application for Interim Use to allow an owner occupied rental unit at 329 — 4 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 16, 2010. CITY OF ST. JOSEPH By Alan Rassier, Mayor By Judy Weyrens, Administrator i CITY OF ST. J()MUM Planning Commission Agenda Item 4 MEETING DATE: September 13, 2010 AGENDA ITEM: Public Hearing, Interim Use Permit Brian Traut, 329 — 4th Avenue SE SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Brain Traut allowing an owner occupied rental unit at 329 — 4 Avenue SE with a maximum density of two tenants. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: Brian Traut submitted an application for Interim Use to allow a rental unit at 329 — 4th 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. The property in question does have a history with the City of renting without a license. As can be seen from the following information, the City as early as 2006 had indications that the property was being utilized in part as a rental unit. The property owner denied renting at the time of notice and the City again was called to the property in March 2010. This time, the property owner called for assistance to break up a party at his residence for one of his tenants. Traut was charged with renting without a license, pleading guilty. At this same time he was informed that if he rented any portion of his home he would need to make application for an Interim Use Permit. ATTACHMENTS: Request for Planning Commission Action 4:1 -2 Findings of Fact 4:3 -4 Application Form 4:5 -6 Affidavit of Residency 4:7 Proof of Ownership 4:8 Hearing Notice 4:9 Vicinity Map 4:10 Police Report, March 21— Renting without license 4:11 Police Report, March 12 — Public Assist 4:12 January 15, 2006 Letter from Traut 4:13 Police Report, June 25, 2005 — Parking Complaint 4:14 -15 Email, February 14, 2006 — Property Status 4 :16 4:1 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. 4:2 City of St. Joseph IN RE: FINDINGS OF FACT Application of Brian Traut AND DECISION Interim Use Permit at 329 — 4` Avenue SE Owner Occupied Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5 FINDINGS OF FACT On September 13, 2010 the St. Joseph Planning Commission conducted a public hearing to consider the application of Brian Traut for an Interim Use Permit to allow an owner occupied rental unit at 329 — 4 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 Brian Traut 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 January 11, 2006 the City issued a compliance order to Brian and Sarah Traut, 329 — 4`" Avenue SE for operating a rental property without a permit. The Compliance order was issued based on information from the St. Joseph Police Department. 6. On January 15, 2006 the City received a letter from Brian and Sarah Traut that they were not renting and the additional cars were from significant others. 7. The St. Joseph Police Department responded to a party call on March 212010 in which a number of minors were cited and it was determined that the property owner was renting without a license. 4:3 8. Traut was issued a citation for renting without a license, pleading guilty. He was advised that if he intended to rent any portion of his home he would first need to secure a rental license. 9. On August 23, 2010 Brian Traut submitted an application for Interim Use to allow an owner occupied rental unit at 329 — 4 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. 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 for Brian Traut to license an owner occupied rental is forwarded to the City Council as a recommendation for approval, Passed by Resolution of the St. Joseph Planning Commission on September 13, 2010. CITY OF ST. JOSEPH By Kathleen Kalinowski, Chair By Judy Weyrens, Administrator 4:4 PLICATION FOR INTERIM USE PERI1 City of St. Joseph 25 College Avenue N Fee $ PO Box 668 St. Joseph, MN 56374 Paid Phone (320)363 -7201 or Fax (320)363 -0342 Date STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) NAME: .-^ � r or) 4. � , K u 7 PHONE: 3 ?O - 3c 91- 3) 3 7 ADDRESS: 3 a 9— / A v€ , ) L s S� sa j/ EMAIL: 4ja �"rAU7 ?y�' /Y►a� cool X37/ INVe, 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: fie /1 ou or o f' r . 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): L,+ 4/, 13 /oc/ &, -acres vte4J 3,9 q - trA Aye. s , s�-. JoSe, k , Gil Av 5 7 1 f 3. Present zoning of the above described property is: I lie s i d e r. -1 1 ,1 4. Name and address of the present owner of the above described land: gri an /9" • - 3 a 9 - y Aye, J. E . , S+- Joseph, 09N 3 7 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: Tge Yes r No By i11' : j A lenfP(, Ape to 7)7 /, 4,r, 7'&•- 5 t.fiu5 /vo e4 >iiy V. ,(d %A/t , 5, ,, dvr ,r r - " rl+ (4 rin to / ` 1^ el s few vie �N t� �` _... _..� ¢ l Tyr _ no � jar s ..____ �,� ��, �. / , So ... T1w� . �. " 4:5 tk 4 r Zq/ N1vC5 . 6, Will the proposed use depreciate the area in which it is proposed? Please explain: Yes �( No The_ o dr, (1 be_, r U i �- ref; e cam. J -a re.rrf-crs 5ha tee. 5 I�cdr'vvm h 7 . Can the proposed use be accomodated with existing City service without overburdening the system? Please explain: IX Yes r No mesa- houye)xlces arc- 26 or-s , 1 re (,Jill 6h5 3 pev j) /Q.' at+ °i res iJe nC v1 1.1 8 . Are local streets capable of handling traffic which is generated by the proposed use? Please explain: Yes No 3 ) e ) p l e , (iciudin hvrrizooner) = 3 cc (" - /ati -ei c)bi /cs ha ve a a 11 yea Attached to this application, and made a part thereof, are other material submission data requirements, as indicated. Applicant Signature: Date: •0 Property Owner Signature: lJ Date: 1/-2_3/0 FOR OFFICE USE ONLY Date application submitted: ""),`7 7 GAG Date application completed: Planning Commission Action: 9 � 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: 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 COMMENTS 1. Additional written or graphic data reasonably Yes required by the Zoning Administrator or the Planning No Work Commission as described below: to 9-P 4 - 6 “ ) / . ✓icy — J All applications must include a narrative of the tu . , 1— wth, Id Interim Use request. The Interim Use application must be completed in its entirety including the t — , ? , i -- — 5 lb Gv 43 reasons as to why the Planning Commission and y City Council should approve the request. /77 `� a '� � / � . -11 Ji(1 9/ ero 4 ovfi g A 0 01 / ‘,4/h4, t M ' d i d " 50 7 it' 5 ' t 2c 1 q -1 (�[ / ^ ct is /k4 der s if "I” gri viecit O^ 2. Proof of Ownership - Copy of the recorded deed ' Yes t v r b. verifying ownership. r , Was f ;ksed No 0P6 ce. - Ch/ or -54 f -Jaep o n c�' l 9 -2 / /d 6/ Set, aS CO t /31)`1 --!' 3. Required Fee. $400.00 Y r — No G t 4. Payment of Additional Fees. I /we understand taht l /we are responsible for reimbursing the City for any additional legal, engineering, building inspection or planning fees associated with my request. - ---s Applicant Signature: Date: g// 3 //6 i 4:6 LI I Y Ut S I. JUStPH College Avenue North, St. Joseph MN 563: (320) 363 -7201 AFFIDAVIT OF RESIDENCY Applicant Name / 3 ri a n /T Tr 61 LA Address 3 ? - A y c E 1 34. `� e P' J /\411 Number of Tenants e R Zoning �{R I, Single Family (' 81, Central Business r B2, Highway Business .6 Ownership Copy of deed showing Requirement Requirement r 5096 X 100% interest must be attached fulfilled -7? 71 Yes r No r N/a I, f3,' am A. Tra u f , being of legal age, do hereby by attest and affirm the following: 1� ST,TW-9pA. rrJiy 5‘3 1. My primary residence is 3, / / Ake. 5.t. 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 9 gdf„x%c----- G Date g/Z 3 //0 State of MN County of Stearns Ye 3n this day of al . 20/6 , before m 1 / .. f t/ /4. -S , a notary public, personally appeared i Iiavj T , e r.t proved o A a basis of satisfactory evidence to be the person(s) whose name (s) s (are) subscribed to this instrument, and acknowledged (he /she /t - y) exectuted the same. Witness my hand and official seal. i Votary Signature ,_/ . ,� ��G1Jp , . �� (SEAL) 4:7 /•H " OFFICE OF COUNTY RECORDER STEARNS COUNTY, MINNESOTA NO DELINQUENT RAN8FER ENTERED Document # 1305363 DATE `>)'c-<- X66 I Certified, Filed, andlor Recorded on "�� SI r : 12-16-2009 at 12:18 PM o • AM DIANE GRUNDHOEFER DEPUTY STEARt1SCOUNTY RECORDER Form No. 27 -M- QUIT CLAIM DEED ladlvldml(s) to ledivtdstet(s) DEED TAX DUE: 51.65 Date: November 23, 2009 FOR VALUABLE CONSIDERATION, Sarah L Trout, A Single Adult AND David Traut and Judith M Traut, Husband and Wife, Orantor(s), hereby convey(s) and quitclaim(s) to Brian A Trout, Grantee(s), real property in Stearns County, Minnesota. described as follows: if Lot 4. Block 2, Oraceview Estates, Stearns County, Minnesota Total Consideration is less than $500.00 togetlice with all hereditaments and appurtenances. Check box if applicable: O The-Seller certifies that the seller does not know of any wells on the described real property. A well disclosure cerd5eate accompanies this document 0 I am familiar with the property described in this instrmnent and I certify that the statue and number of wells have not changed since the last previously filed well disclosure certificate. See Attached General Acknowledgement Sarah L Traut See Attached General Acknowledgement Affix Deed Tax Stamp Isere David Taut See Attacbg& Ganera7. Acknnvlejieement Judith M Tsaut STATE OF MNNNESOTA COUNTY OF as. This instrument was admowledged before me on J by Sarah L [That, A Single Adult AND David Trout and Judith M nun% Husband and Wife, Grantor(s). NOTARIAL STAMP OR 3EAL (OR OTltnairn.s OR RANK): SEE ATTACHED GENERAL ACRNOWLEDOEMENTS SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here kraut or all of the lard is Registerad (Torreas)IJ • Teo Statements for the reel property dwodbnd N ads iomument should be not to (include name end eddrtss of Ometee): Tats INSTRUMENT WAS DRAFTED•EY (NAME AND ADDB $): — Brian A Tram . Steams County Abstract Co. 349 4tb Avenue SE St. Joseph, MN PIN: Fik No.: 60995 60961 stimil$02XYAISIRKTO3 SCR / of 4:8 • 4 \ CITY OF ST. J OSFPH www cityof stjoseph.com Public Hearing City of St. Joseph The Planning Commission for the City of St. Joseph will conduct a public hearing on Monday, Administrator September 13, 2010 at 7:10 PM in the St. Joseph City hall. The purpose of the hearing is to ludy Weyrens consider an Interim Use Permit to allow an owner occupied rental unit at 329 — 4th Avenue SE. The property is legally described as: Lot 4, Block 2 Graceview 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 an independent Councilors residence. For purposes of establishing if the property is owner occupied, the owner must Steve Frank be a natural person, and all owners must occupy the property as their principal residence. Bob Loso The owners may not exceed two in number. For purposes of determining ownership, the Renee Symanietz owner /owners must provide a copy of a recorded deed or recorded contract of deed. A Dale Wick purchase agreement will not be accepted as evidence of ownership. Brian Traut, 329 — 4 Avenue SE, St. Joseph MN 56374 has submitted the request for Interim Use. Judy Weyrens 44t lJlt i. ..� Administrator 1• _ Publish: September 3, 2010 M1 4r : Interim Use Site V, 329 — 4 Ave SE ! r. Note: MN State Statute requires mailed notices to all Property owners within 350 feet of a variance, special use or rezoning request. 2.5 College Avenue North • PO Box 668 • Saint Joseph, Minnesota 56374 4:9 Phone 3zo.363. Fax 3zo.363.0342 DataViewOnline Map Page }of] Brian Trout, Vicinity ������ ��. n~°. . n . ~°~.� � n~.o. .n�� Map , � | ' , | / 12 114 124 127 501 139 138 139 132 129 ' 132 137 - .4„;; 620 ." ' , 0 41 '413415 707_1 425 3 j• ,..',": •••"; ' . -•;", • - t; "--- ' - "; - - 513 . 0 ' •-': 446 ' 0 29772 ■ 1 0 Copyright Q.; SEH 2001 638 -1 i 0$ 1536ft Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. 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. 4:10 https://portal.sehinc.com/sehsvc/html/dvo/mapLayout.htm Incident Report VII Officer Assigned: Badge Number: How Recd: Supervisor Approval: 1I,' E II 11 I III I I ! II I I Magaard 7708 Phone _ * 1 0 8 0 0 4 5 5 * Reported By: ❑ See Complainant Squad: In Squad Video: Photos Taken: City of St. Joseph 703 ❑ Yes ® No ❑ Yes El No TYPE OF OFFENSE(S) - INCIDENT CLASSIFICATION 1. 2. 3. Rent without a license Level of Offense: Level of Offense: Level of Offense: ❑ P. Mlsd. ® Misd. ❑ G. Misd. ❑ Felony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony ❑ P. Mlsd. ❑ Misd. ❑ G. Misd. ❑ Felony Location of Incident: Date Incident Occurred: Day of Week Incident Occurred: 329 4 Avenue SE 03/21/2010 Sunday Date Reported: lime Reported: Time Assigned: Time Arrived: Time cleared: SAA 1425 1425 1425 1430 ASSISTING OFFICER(S): Assisting Officer(s): PARTICIPANT #1 ❑ COMP ❑ VICTIM CO SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE ®M ❑ F Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Traut, Brian Adam 08/17/1985 Cac A901087337410 MN Street Address: City, State, ZIP: Phone: 329 4 Avenue SE Saint Joseph MN 56374 To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt: ❑ Yes ® No ® Yes ❑ No ST523673 ® Yes ❑ No Grn 600 180 PARTICIPANT #2 ❑ COMP ❑ VICTIM ❑ SUSPECT ❑ WITNESS r MENTIONED ❑ JUVENILE aM ❑ F Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Bohlman, Jeff Otto 10/26/1986 Cac X384226978015 MN Street Address: City, State, ZIP: Phone: 329 4 Avenue SE Saint Joseph MN 56374 320 420 0694 To Jail: citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt: ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No BIu 603 235 VEHICLE! #1 License Plate Number: State of License Plate: Year: Make: Model: 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) Our department responded to a party at the above location at an earlier date. At the time of that incident it was learned Traut, the owner of the residence, had a renter. I was advised by the City Clerk that he does not have a rental license or special use permit. See case file. 4:11 _ Incident Report C Officer Assigned: Badge Number: How Rec'd: S�� or,Approval: 11H1 I I II II I 11 IIII I I I II I I I Johnson 7707 In Person * 1 0 8 0 0 3 7 9 * Reported By: ® See Complainant Squad: In Squad Video: Photos Taken: 704 ❑ Yes ® No ❑ Yes ® No TYPE OF OFFENSE(SJ - INCIDENT CLASSIFICATION • 1. 2. 3. Public Assist Keg Violation Furnish Alcohol to Minor Level of Offense: Level of Offense: Level of Offense: _ ❑ P. Misd. ❑ 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: 329 4 Avenue SE 03/12/2010 Friday Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared: 03/12/2010 2207 2207 2207 0046 ASSISTING OFFICER(S): Assisting Officer(s): 7712, RO Haugen, 2546, 2577, 2578, 2580 PARTICIPANT #1 ® COMP ❑ VICTIM ❑ SUSPECT ❑ WI TNESS ❑ MENTIONED ❑ JUVENILE ®M ❑ F Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Traut, Brian Adam 08/17/1985 CAC A901087337410 MN Street Address: City, State, ZIP: Phone: 329 4th Avenue SE St Joseph, MN 56374 320.309.3139 To Jail: Citation Issued: Citation #: Mandatory Court: T Eyes: Hgt: Wgt: ❑ Yes ® No ❑ Yes ® No ❑ Yes El No Green 600 180 PARTICIPANT #2 ❑ COMP ❑ VICTIM ®SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE DM 0 F Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Bohlman, Jeff Otto 10/26/1986 CAC X384226978015 MN _ Street Address: City, State, ZIP: Phone: 521 Greenview Court Sartell, MN 56377 320.420.0694 To Jail: Citation Issued: Citation #: ` Mandatory Court: Eyes: Hgt: Wgt: ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No Blue 603 235 VEHICLE 1 # 1 License Plate Number: State of License Plate: Year: Make: Model: I Color of Vehicle: Towed By: Vin #: VEHICLE I #2 License Plate Number: State of License Plate: Year: Make: I Model: I Color of Vehicle: Towed By: Vin #: NARRATIVE (Make sure to include any property) While on patrol, I was driving on 4 Avenue SE and noticed a house that appeared to have a large party going on. I stopped briefly in the cul -de -sac and while stopped, I observed a male walk up to my squad. This male was later identified as Traut by him MN drivers license. Traut advised me that he was to be out of town this weekend and came home early to find his house full of people. Traut asked if we would assist him in figuring out what was going on and assist him in clearing the house. See report in misc c file for additional. 4:12 Date: January 15, 2006 To: Judy Weyrens 25 College Avenue North PO Box 668 St. Joseph, MN 56374 We (Brian & Sarah Traut) received a compliance order on January 11 2006 indicating that the city felt we were in violation of ordinance No. 55.11 which explains the guidelines for operating a rental property. We read the ordinance in full but do not believe that we are in violation of the ordinance due to the fact that we don't charge our significant others (who live with us) rent. To clarify: Brian and I are Brother and sister who both own our home and have a significant other who lives with he and I at our home. If you have any additional questions please feel free to contact Brian or myself to discuss this further if needed. Thank you for your time Contact us by phone: Brian Traut #320 - 309 -3139 Sarah Traut #320 - 309 -3135 Or by emailing us: www.trautsrus@clearwire.net. Thank you, Sarah raut • 4:13 RMS Report Case Number: Officer Assigned: Badge Number: How Rec'd: 05800954 Gustin 7704 radio Reported By: 0 See Complainant Supervisor Approval: SCSD i N zs 0'V TYPE. OF CIFFENSE(S) " 1NCIDENT C '� •SIFICATION4 s , '_' '.s ° # x , » } 1. 2, 3. Parking compl Level of Offense: Level of Offense: Level of Offense: ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Location of Inddent: Date Incident Occurred: Day of Week Incident Occurred: 329 4 Ave SE 06 -25 -05 Saturday Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared: 06 -25 -05 0820 0854 Ig �•: i ,(,, t w r'c +43 ? $}, $4izF : t '� "" - ! r� a i SS' � Y ,,, ASSISTING OFFICER(S) .sart,.,rf �` Assisting Officer(s): PARTICIPANT, #]Y. ®COMP ;O VICTIM, • p SUSPECT' iiMITNES% ®f ±IfIVTIOINOtE:OUY ;ENIL ; ❑M }'B1'F. Name (Last, First, Middle) Date of Birth: ' Race: D/L #: State: Gregg, Anastasia Marie 03 -23 -68 white G- 620 - 067 -585 -234 MN Street Address: City, State, ZIP: Phone: 327 4 Ave SE St Joseph, MN 56374 363 -4722 Arrested: Citation Issued: Citation #: Eyes: Hgt: Wgt: ❑ Yes 0 N ❑ Yes El No gray 5-6 127 §Al2TICIP INT 4 #2 ❑ "COMP - EV/ICTIM ®SUSECT WITNESS B ' IENTIONEP ® >s1JO ENILE :CI F Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Traut, Sarah Lynn 05 -05 -84 white R- 908 - 126 - 539 -417 MN Street Address: City, State, ZIP: Phone: Unknown 309 -3135 Arrested: ' Citation Issued: Citation #: Eyes: Hgt: Wgt: ❑ Yes ® No ❑ Yes 0 No Hz 5-6 135 "VEHICLE #1 - - ka � rF �' ��' ?+t� �5�n� „�'� l Y ,^+. :fir 9Y+ v�j "R''" it ��+ ! r - 1 su it � •J �� M, a 4A �,, �• r �' };� � ,. s w 1 .a: • •'�� �"' rr+ � ., . ;� , � "�.� Fik� asap' •n��:z;a� r..✓.*n� �-,�k� c '.m a{;,� ro r�. Ucense Plate Number: State of License Plate: Year: Make: Model: LAH 818 MN Chrysler Salon Color of Vehide: Towed By: Vin #: Blue VEHICLE : #.2 t .r , ti ,. .. i s ; 5 r, , �, '4''',.4 . e - A!t.4 t z .. �r �.�n� �::� •.r.� S�Y'��"'P�t Z ;�i'�: 't' ��1: `� ,J''� ;c�'4 Ucense Plate Number: State of License Plate: Year: Make: Model: DVF 077 ND Color of Vehicle: Towed By: Vin #: • ,x " (Make i ncl u d e any p r p p e r ty ) , ��w 4 V � t1 VSa" ,2��r. 4:14 Gregg comp) that the neighbors cars are parked in front of her mailbox and she only gets her mail about 4 times per week because the mailman can't get to the box. I saw LAH 818 parked in front of the mailbox at this time. Lah 818 was parked in front of 331 4 SE mailbox. Gregg said there are students who rent the house from the homeowner Traut. She said she has tried to talk to the people who live there, but no one answers the door. I contacted the mail carrier and he said they could possibly put a multiple unit mail box up to help with the problem. I talked to a renter & her boyfriend at the residence who said that owner doesn't live there anymore. They gave me a phone #. I requested that they don't block the mail boxes. She said she would tell the others. Traut would not return my phone calls. Wtt Signature (when required): Related Case Number: Word Document: (Comp, Parent, Guardian) ❑ Yes ❑ No • • 4 :15 Page 1 of 1 Judy Weyrens From: Judy Weyrens Sent: Tuesday, February 14, 2006 2:07 PM To: 'trautrus@clearwire.net Cc: Gary Utsch Subject: rental license Good Aftemoon Brian - This letter is a follow -up to our phone conversation this morning. You have indicated that the property located at 329 - 4th Avenue SE is not a rental as you and your sister own the house and your girlfriend/boyfriend stay occasionally. As I stated on the telephone I have a police report that questions the rental status. This email serves as notice that if additional complaints are received and it is determined that the property is being used as rental the City will use all legal means available to charge you with a violation of the Ordinance. If you have any questions please feel free to contact me. Thanks you Judy Weyrens Administrator City of St. Joseph PO Box 668 St. Joseph MN 56374 (320) 363 -7201 (320) 363 -0342 (Fax) iweyrens©c ltyofstjoseph.com cc: Gary Utsch, Rental Housing Inspector 2/14/2006 4:16