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HomeMy WebLinkAbout[04] Pekarek Interim Use • CITY pF ST. J(klN,YH Planning Commission Agenda Item 4 MEETING DATE: December 6, 2010 AGENDA ITEM: Public Hearing, Interim Use Permit Jason Pekarek, 114 — 1 Avenue SE SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Jason Pekarek allowing an owner occupied rental unit at 114 — 1 Avenue SE with a maximum density of two tenants. PREVIOUS PLANNING COMMISSION ACTION: In August 2008 the Planning Commission conducted a public hearing recommending the Council issue an Interim Use Permit to Ryan Pekarek, 114 — 1 Avenue SE. The Council accepted the recommendation granting an IUP as requested. Since that time the property has been sold to his brother, Jason Pekarek and since IUP's are non - transferable, Jason must go through the Interim Use Permit process. BACKGROUND INFORMATION: Jason Pekarek submitted an application for Interim Use to allow a rental unit at 114 - 1st 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 Planning Commission Action 4:1 -2 Hearing Notice 4:3 Findings of Fact 4:4 -6 Application Form 4:7 -8 Proof of Ownership 4:9 Affidavit of Residency 4:10 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 Jason Pekarek to operate an owner occupied rental unit at 114 - 1st Avenue SE. 4:1 . \ CITY OF ST. J OSFPH www.cltyofstioseph.com SCANNED Public Hearing City of St. Joseph Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, December Judy Weyrens 6, 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 114 1 Avenue SE. The property is legally described as Lot 4, Block 3, Loso's 2 Addition. Mayor St. Joseph Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows: Al Kassier 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. Jason Pekarek, 114 1 Avenue SE, St. Joseph, MN 56374 has submitted the request for Interim Use. Judy Weyrens Administrator Publish: November 26, 2010 o __1, t A L.—ILL t ----t 32 I i 10 ► J 1 6 a2a i 241 0 23 1 124' i1 0 • 1 108 114 19 � 1 21 22 4 25 , g , 32 1 115 31 33 1 34 35 0 y € 0 , ( 102 110 11 6 0 1 I 108 100 ' _ 114 111 d. 114 l' Avenue SE 104 118 0 25- College Avenue North • PO Box 668 • Saint joseph, Minnesota 5 4 :3 Phone 3zo.363.7zoi . Fa 320.363 .0342 City of St. Joseph IN RE: FINDINGS OF FACT Application of Jason Pekarek AND DECISION Interim Use Permit at 114 - 1st Ave SE Owner Occupied Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5 FINDINGS OF FACT On December 5, 2010 the St. Joseph Planning Commission conducted a public hearing to consider the application of Jason Pekarek for an Interim Use Permit to allow an owner occupied rental unit at 114 - 1st Ave 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 Jason Pekarek 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 Aug 4, 2008, upon receiving a favorable recommendation from the St. Joseph Planning Commission, the City Council issued an Interim Use Permit to Ryan, 114 — 1 Avenue SE allowing an owner occupied rental with a maximum density of 2 unrelated persons. 4:4 6. Since issuance of the Interim Use Permit, Pekarek has completed the rental Iicensure process and the property has operated as an owner occupied rental without Ordinance compliance issues. 7. The Interim Use Permit issued to Ryan Pekarek 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 October 29, 2010, the property owner has changed to Jason Pekarek. (Stearns County Document Number A1328415) 9. On November 12, 2010 Jason Pekarek submitted an application for Interim Use to allow an owner occupied rental unit at 114 - 1st Ave 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 News/eader 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 August 2, 2010. 4:5 CITY OF ST. JOSEPH By Kathleen Kalinowski, Chair By Judy Weyrens, Administrator 4:6 4 PPLICATION FOR INTERIM USE PER City of St. Joseph = '~ 25 College Avenue N Fee $ "I PO Box 668 - , St. Joseph, MN 56374 Pai I- 19- C Phone (320)363 -7201 or Fax (320)363 -0342 i D e Cl� 3010 STATE OF MINNESOTA) ( i {(l� Lh a ' � ' ?o 6 0\4 0 1 ) ss Ct O r d M I Sil'3619-- OF STEARNS ) NAME: 0' \ �/ PHONE: 3Z.0 — 21.0-7-1.13/B ADDRESS: I (4 1 5. 3 t Ave -- ' j s -� � EMAIL� lu per_ 2.)Y4tup.GOAN. 1/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 o COw Wt C o�`dIIYJGtV. c c ■ni OD'd ce, to have - t wa f3 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): Lot `1 - 61.1c,.3 1 Losos Z ° di�lo^1 Ste. Fod - 1 !1 8 8 E Lot Si ZC.: 55 r 2.14, 6t • zosfeK enf4. scow y 3. Present zoning of the above described property is: I (G F•7.) S V 4. Name and address of the present owner of the above described land: z4sAf.) 114 I' AVe S E . ()WK. M is . 5/03/4- 5 . Is the proposed use compatible with the future and present land uses of the area? Please explain: Yes r No MEETS SbuaeQ Fosfek . a bw PQ0420.13 i M,etf 3 P aeka N 4:7 • 6. Will the proposed use depreciate the area in which it is proposed? Please explain: Yes pit. No S ho u. h} rec3ttece, 11 0.4 5 o c12. 7 krixT 12.4. Mott, IWO% rva. 'to Mai Al4st eteeft 7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain: Yes r No ,. '?Mog. 7o PeSe. , p eopert �a 1/4.0 as O c tAr eJ �.a� f � ` yriot V 5A hgAd. 0-) 6).1" I s " J ,�(�-ar-tnr "Th 25 i.Q Jc cit 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: Yes r No vS' Should No't 42.h ax.,0 Mom ) cy) Lac.gt /Velar j S h av ii;, i itJ USA V Attached to this application, a • , ade a thereo re other material submission data requirements, as indicated. Applicant Signature: 11111111. Date: • Property Owner Signature: IF W, Date: larr FOR OFFICE USE ONLY Date application submitted: Date application completed: Planning Commission Action: [ 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: 4:8 1 .4 to PP /0 •,2,,e4 OFFICE OF COUNTY RECORD " STEARNS COUNTY, MINNESO DELINQUENT TAXES AND Document: A1328415 SCAN'', rjs TRANSFER ENTERED _ n Ib DATE / 4017) Certified, Filed, and /or Recorded on � � r _ P M October 29, 2010 10:05 AM AUDITOR AUDITO ' DEPUTY / ����� DIANE GRUNDHOEFER ��� STEARNS COUNTY RECORDER QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individual(s) Form 10.3.1 (2010) DEED TAX DUE: $ li S DATE: 2 `I / (moo a 1 (month / Jam) FOR VALUABLE CONSIDERATION, 5 5.1R l.� l� J PQ 0.'(`i - On name and mantal status of each Grantor) ( "Grantor"), hereby conveys and quitclaims to 4 PP tq re _ (insert name of each Grantee) ( "Grantee "), real property in SAT c - ,N `D County, Minnesota, legally described as follows: L of 4 , 3� �t L Lo ors Zr�` AJO ► © Check here if al or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. Check applicable box: Grantor $, The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has r woo been electronically filed. (If electronically filed, insert WDC number: , .) ❑ I am familiar with the property described in this instrument and () 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. 4:9 1 CITY OF ST. JOSEPH 25 College Avenue North, St Joseph MN 56374 (320) 363 -7201 SCANNED AFFIDAVIT OF RESIDENCY Applicant Name 3ctsot.i Wcetre. V Address ' 14 ( /V C E 5C. :Z p rn j J Number of Tenants 3 Zoning OV, Single Family (, B1, Central Business (' B2, Highway Business Ownership Copy of deed showing Requirement Requirement SO °k k 100% interest must be attached fulfilled Yes (— No (- N/a 17 gs etil pmseek., being of legal age, do bgreby by att est and affirm the following: PrVe 1. My primary residence is St . -3 ©s'Pk.. and that 1 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. Signatur Date /1 State of MN County of Stearns On this i day of MQUevInktie , 20 it) , before me . n/heill S.S& 1Z • 5O In h S' h , a notary public, personally appeared J etS u h MCA et tave lc__ proved on the basis of satisfactory evidence to be the person(s) whose name (s) is (are) subscribed to this instrument, and acknowledged (he /she /they) exectuted the same. Witness my hand and official seal. Notary Signature ■ 1 l k ► *'t� MELISSA R. JOHNSTON ti • t r NOTARY PUBLIC . MINNEST ?, ti My Commission Expires Jan. 31, X12 4:10