HomeMy WebLinkAbout[04e] Interim Use PermitCrry of N.r.J()S irtt
MEETING DATE:
AGENDA ITEM:
Council Agenda item 4 e
November 18, 2010
Interim Use Permit: Requested Action — Accept the
recommendation of the Planning Commission issuing an Interim Use Permit to Cory Ehlert to secure a
rental license for 29 Minnesota Street East.
SUBMITTED BY:
Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on November 1, to consider the request of Cory Ehlert to secure an Interim Use Permit to
rental unit at 29 Minnesota Street East. 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. As is noted in the Planning Commission material the aforementioned property
had a rental license until 2009 -2010 at which time the property remained vacant and did not secure the
required license to keep the grandfather status. The property was previously licensed for 8 and the new
license will only allow for a maximum of three unrelated persons.
BUDGET /FISCAL IMPACT:
ATTACHMENTS:
Request for Council Action
4(e):1 -2
Findings of Fact —City Council
4(e):3 -4
Commission Findings of Fact
4(e):5 -6
Planning Commission Request for Action
4(e):7
Hearing Notice
4(e):8
Application for Interim use
4(e:9 -10
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the resolution of
findings granting an Interim use Permit to Cory Ehlert, 29 Minnesota Street East 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.
THIS PAGE INTENTIONALLY LEFT BLANK
4(e):2
City of St. Joseph
IN RE:
Application of Cory Ehlert
Interim Use Permit at 29 East MN Street
FINDINGS OF FACT
AND DECISION
Rental in 81 Zoning District — Maximum Density as defined by St. Joseph Code of Ordinances 52.04.31.a
FINDINGS OF FACT
On November 1, 2010 the St. Joseph Planning Commission conducted a public hearing to
consider the application of Cory Ehlert for an Interim Use Permit to allow an owner occupied rental unit
at 29 Minnesota St E. The matter was duly published and notice was provided to property owners
within 350 feet of the above referenced property.
The Planning Commission hereby established the following facts as it relates to the request of
Cory Ehlert 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. Asa 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 RI Single Family Zoning District.
In 2007 the City also amended the B1 and B2 Zoning Districts to allow for rental licenses
without the provision of owner occupied as means of transitioning the property. Property in
B1 and B2 Zoning Districts that are not ready for conversion to business and were listed for
sale had problems closing as if the property was destroyed it could not be re -built as a
residential unit. The amendment allows the residential use to continue until a time the
surrounding property is converted to business.
4. The provision to allow Interim Use Permit for transitional purposes limits the duration of the
Interim Use Permit to three years, renewable for an additional three. If after that time the
neighborhood is still not ready for conversion, the Interim Use Permit must be re- applied for
with a new public hearing.
5. St. Joseph Ordinance 52.04.31.a defines a family as A family is any number of persons living
together in a room or rooms comprised of a single housekeeping unit and related by blood,
marriage, adoption, or any unrelated person who resides therein as though a member of the
family. Any group of three persons not so related but inhabiting a single house shall, for the
purposes of this Ordinance, be considered to constitute one family.
6. On October 12, 2010 the City received an application for Interim Use Permit for the property
located at 29 Minnesota Street East. The maximum density allowed y Ordinance is three
unrelated persons.
4(e):3
7. The property at 29 Minnesota Street East in the past was a licensed rental unit and due to
the lapse of license, the property lost the grandfather status allowing a rental with
occupancy of 8 unrelated persons.
8. While the property is currently owned by Phoenix Asset Management, LLC, Ehlert has a
purchase agreement for the property. In the B1 Zoning District proof of ownership is allows
the applicant to use a purchase agreement as proof.
Upon review of the application it was determined complete and met the criteria for
issuance.
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:
St. Joseph Code of Ordinances 52.31 Subd. 13 provide property owners in a 61 General
Business Zoning district to seek an Interim Use Permit to allow non -owner occupied rental
units until the property is ready for transition to the business use. Said provisions allow the
Planning Commission to place a termination date on the Interim Use Permit and required
annual review of the same.
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 Interim Use Permit shall expire when the majority of the property surrounding
is redeveloped as commercial or within three years of August 14, 2013
d. If the area surrounding 29 Minnesota Street East is not ready for commercial
development, Cory Ehlert may apply for a three year extension which will be subject
to items 1 and 2 above.
Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning
Commission, the St. Joseph City Council accepts the recommendation of the Planning Commission and
issues an Interim use Permit to Cory Ehlert to secure a rental license for 29 Minnesota Street East.
Approval is based on the aforementioned conditions.
Adopted by the City Council this day of .2010.
CITY OF ST. JOSEPH
By
By
Al Rassier, Mayor
Judy Weyrens, Administrator
4(e):4
City of St. Joseph
IN RE:
Application of Cory Ehlert
Interim Use Permit at 29 East MN Street
FINDINGS Of;PAVMD
AND DECISION
Rental in 81 Zoning District — Maximum Density as defined by St. Joseph Code of Ordinances 52.04.31.a
FINDINGS OF FACT
On November 1, 2010 the St. Joseph Planning Commission conducted a public hearing to
consider the application of Cory Ehlert for an Interim Use Permit to allow an owner occupied rental unit
at 29 Minnesota St E. 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 Cory
Ehlert 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.
In 2007 the City also amended the B1 and B2 Zoning Districts to allow for rental licenses
without the provision of owner occupied as means of transitioning the property. Property in
61 and B2 Zoning Districts that are not ready for conversion to business and were listed for
sale had problems closing as if the property was destroyed it could not be re -built as a
residential unit. The amendment allows the residential use to continue until a time the
surrounding property is converted to business.
4. The provision to allow Interim Use Permit for transitional purposes limits the duration of the
Interim Use Permit to three years, renewable for an additional three. If after that time the
neighborhood is still not ready for conversion, the Interim Use Permit must be re- applied for
with a new public hearing.
S. St. Joseph Ordinance 52.04.31.a defines a family as A family is any number of persons living
together in a room or rooms comprised of a single housekeeping unit and related by blood,
marriage, adoption, or any unrelated person who resides therein as though a member of the
family. Any group of three persons not so related but inhabiting a single house shall, for the
purposes of this Ordinance, be considered to constitute one family.
6. On October 12, 2010 the City received an application for Interim Use Permit for the property
located at 29 Minnesota Street East. The maximum density allowed y Ordinance is three
unrelated persons.
4(e):5
7. The property at 29 Minnesota Street East in the past was a licensed rental unit and due to
the lapse of license, the property lost the grandfather status allowing a rental with
occupancy of 8 unrelated persons.
8. While the property is currently owned by Phoenix Asset Management, LLC, Ehlert has a
purchase agreement for the property. In the 131 Zoning District proof of ownership is allows
the applicant to use a purchase agreement as proof.
9. Upon review of the application it was determined complete and met the criteria for
issuance.
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 52.31 Subd. 13 provide property owners in a B1 General
Business Zoning district to seek an Interim Use Permit to allow non -owner occupied rental
units until the property is ready for transition to the business use. Said provisions allow the
Planning Commission to place a termination date on the Interim Use Permit and required
annual review of the same.
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 Interim Use Permit shall expire when the majority of the property surrounding
is redeveloped as commercial or within three years of August 14, 2013
d. If the area surrounding 29 Minnesota Street East is not ready for commercial
development, Cory Ehlert may apply for a three year extension which will be subject
to items 1 and 2 above.
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 November 2, 2010.
CITY OF ST. JOSEPH
By
By
Kathleen Kalinowski, Chair
Judy Weyrens, Administrator
4(e):6
8C'ANNED
CITE' OFS.r.Joshl —tl Planning Commission Agenda Item 4
MEETING DATE: November 1, 2010
AGENDA ITEM: Public Hearing, Interim Use Permit
Cory Ehlert, 29 Minnesota St E
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
granting an Interim Use Permit to Cory Ehlert to secure a rental license for the property located at 29
Minnesota Street East.
PREVIOUS PLANNING COMMISSION ACTION: In January of 2007 the Ordinance for B2 was modified
to allow non -owner occupied rental units in a B2 Zoning District through the issuance of an Interim Use
Permit.
BACKGROUND INFORMATION: Approval for an Interim Use Permit would include a provision whereby
the land use in the adjoining area is reviewed and when the majority of the area has been converted to
Business Use the Interim Use permit sunsets and the property must be converted to a business use.
ATTACHMENTS:
Request for Planning Commission Consideration .........
4:1 -2
Hearing Notice ...................................... ...............................
4:3 -4
Findings of Fact ..................................... ...............................
4:5 -6
Application............................................ ...............................
4:7 -9
VicinityMap .......................................... ...............................
4:10
REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and
Administrator to execute the Resolution recommending the Council issue an Interim Use Permit to Cory
Ehlert to allow a rental license for 29 Minnesota Street East.
4(e):7
WwW. cityo f stioseph.com
"+' CITY OF ST. JOSEPH
Public Hearing
City of St. Joseph
eadmaD
The St. Joseph Planning Commission shall conduct a public hearing on Monday, November 1, 2010 at
Administrator 7:OOPM in the St. Joseph City Hall. The purpose of the hearing is to consider an Interim Use Permit to
Judy \Veyrens allow a non owner occupied rental at 29 Minnesota Street E. The property is legally described as Lot
14, Block 10 Township of St. Joseph.
Judy Weyrens
Administrator
Publish: October 22, 2010
29 Minnesota Street E
4(e):8
zs College Avenue North • PO Box.668 • Saint Joseph, Minnesota 56374
Phone 32 0 .363.7z01 Fax 3zo.363.034z
St. Joseph Code of Ordinances 52.31 Subd. 13: Interim Use Permits for Rental Units. Residential units
Mayor
in areas that have been rezoned to commercial from residential shall be allowed an interim use
Al Rassier
permit as a rental unit for a specific period of time. The maximum density for rental units under the
interim use permit shall be limited to the density which is allowed in the R -1, Single Family Residential
Councilors
District.
Steve Frank
Bob Loso
All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written
Renee Symanietz
testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 668, St. Joseph, MN
56374.
Dale Wick
Cory Ehlert, 427 12`h Avenue SE, St. Joseph, MN 56374 has submitted the request for Interim Use.
Judy Weyrens
Administrator
Publish: October 22, 2010
29 Minnesota Street E
4(e):8
zs College Avenue North • PO Box.668 • Saint Joseph, Minnesota 56374
Phone 32 0 .363.7z01 Fax 3zo.363.034z
APPLICATION FOR INTERIM USE PERMIT
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 )
)S5
COUNTY OF STEARNS )
NAME: 6 C'Xx L 7
Fee $
Paid C (0�(�
Date 1(YI�
PHONE: 326- y2o -mod 5 Z
ADDRESS: -<12 12--t EMAIL:
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:
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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).
Z 9 Z�i{itST
3. Presentzoning of the above described property is:
4. Name and address of the present owner of the above described land.
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5. Is the proposed use compatible with the future and present land uses of the area? Please explain:
Yes r No
4(e):9
6. Will the proposed use depreciate the area in which it is proposed? Please explain:
r Yes No
7. Can the proposed use be occomodated with existing City service without overburdening the system? Please explain:
F Yes F No
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8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
k Yes r No
Attached to this application, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature: Date:
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: r Approved r` Disapproved Date of Action:
Date Applicant/Property owner notified of City Council Action:
4(e):10
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7. Can the proposed use be occomodated with existing City service without overburdening the system? Please explain:
F Yes F No
/Vv if�aYla.� �'e.,tC&,' rin elm
8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
k Yes r No
Attached to this application, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature: Date:
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: r Approved r` Disapproved Date of Action:
Date Applicant/Property owner notified of City Council Action:
4(e):10