HomeMy WebLinkAboutOld [04g] Interim Use PermitMY or 91: J()Wjm
MEETING DATE: January 6, 2011
Council Agenda Item 4g
AGENDA ITEM: Interim Use Permit — Requested Action: Authorize the Acting Mayor and
Administrator to execute the Resolution of Findings granting an Interim
Use Permit to Jason Pekarek,1141s` Avenue SE, as recommended by
the Planning Commission.
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on December 6, 2010 to consider the request of Jason Pekarek to secure an Interim Use
Permit to allow an owner occupied rental unit at 1141n Avenue SE. The Planning Commission
unanimously recommended approval of the Interim Use Permit.
PREVIOUS COUNCIL ACTION: N/A
BACKGROUND INFORMATION: See attached material from the Planning Commission
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
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Planning Commission Request for Action
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Public Hearing Notice
4(g):4
Findings of Fact
4(g):5-8
Application for Interim Use
4(g):9-10
Affidavit of Residency
4(g):11
Proof of Ownership
4(g):12
REQUESTED COUNCIL ACTION: Authorize the Acting Mayor and Administrator to execute the
Resolution of Findings granting an Interim Use Permit to Jason Pekarek,114 V Avenue SE, as
recommended by the Planning Commission.
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crrr osrn: ict 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 — in
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 —1s` 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 111. 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
HearingNotice..........................................................................................
4:3
Findingsof Fact.........................................................................................
4:4-6
ApplicationForm......................................................................................
4:7-8
Proofof 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(g):3
WWW. cityof stioseph.com
CITY OF ST. JOSEPH
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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't Avenue SE. The property is
legally described as Lot 4, Block 3, Loso's 2n4 Addition.
Mdyor
St Joseph Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows:
AI Rdssier
Residential rental provided the unit is owner occupied and provided the room(s) rented does
not contain separate kitchen facilities and is not intended for use as an independent
Councilors
residence. For purposes of establishing if the property is owner occupied, the owner must be
a natural person, and all owners must occupy the property as their principal residence. The
Steve Frank
owners may not exceed two in number. For purposes of determining ownership, the
Bob Loso
owner/owners must provide a copy of a recorded deed or recorded contract for deed. A
Renee Symdnietz
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 1t Avenue SE, St. Joseph, MN 56374 has submitted the request for
Interim Use.
Judy Weyrens
Administrator
Publish: November 26, 2010
114 l' Avenue SE
is College Avenue North • PO Box 668 • Saint Joseph, Minnesota f63744g):4
Phone 3zo.363.7101 . Fax 32o.363.034z
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'- Ist 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 RI 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.
S. 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, 114-1s` Avenue SE
allowing an owner occupied rental with a maximum density of 2 unrelated persons.
4(g):5
Since issuance of the Interim Use Permit, Pekarek 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 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 City Council approves 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 RI 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 Ordinancesincluding 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.
Passed by Resolution of the St. Joseph City Council on January 6, 2011.
4(g):6
CITY OF.ST. JOSEPH
By
Dale Wick, Acting Mayor
By
Judy Weyrens, Administrator
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APPLICATION FOR INTERIM USE PERK,, s
City of St. Joseph
25 College Avenue N
PO Box 66B
St. Joseph, MN 56374
Phone (320)363-7201 or Fax (320)363-0342
Fee$ qW,
STATE OF MINNESOTA) 1 �!`�/� L`�Y� a6,8Ne S ?o eciv a i Lig
)ss .5i- eiuYd
COUNTY OF STEARNS )
3LR0
NAME: �S � �/,,, d � PHONE: 32Q – �� _ � f 313
ADDRESS: ' I s �C e Ir W - EMAIL�.S4SOa�tE?4kecom,—
Uwe, 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 herby made for an Interim Use Permit to conduct the following:
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 Ifnecessaty):
Lot Si a f- : SS i t 14P
3. Present zoning of the above described property Is.
4. Name and address of the present owner of the above described land:
J4SQ-N r4EX.A.My.._
I I4 1 `� Imic SE
st- -Z� owv\. Mme.
5. Is the proposed use compatible with the future and present land uses of the area? Please explain:
Yes r No
MENS $buA*-2 QeCOw pQ� j M#413`N�
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6. Will the proposed use depreciate the area in which it is proposed? Please explain:
Yes p� No
it
Shote reck II
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7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain:
Yes r No
-i Aoe.. To -pr*&eArr� plooWt
. t -0q,6 0 CCL$, iecy 4-P I 1r% Ift OfAt
... ...... . .. . .. ........ .. ...... .. . ... .. .......... ... .. . ...... ....... ... ....... . .. ... . .. ....
8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
X Yes r No
AJO-t
. .............. .... ... . ..... - ...........
Attached to this application,
Applicant Signature: —71E
Property Owner Signature: U
MOVIAL IP)q#-J WC-91LI fV'"a0~9S:
........ . ......... . ..... . ..... .. . .. . ..... . . . .. .. . .. ........
other material submission data requirements, as Indicated.
Date:
Ill Id—
Date: i I YIMI,.,
Date application submitted: Date application completed:
Planning Commission Action: Recomn-wnd Approval r Recommend Disapproval Date Of Action:
City Council Action: r7 Approved r—I Disapproved Date of Action:
Date Applicant/Prop" owner notified of City Council Action:
4(8):10
CITY OF ST. JOSEPH
25 College Avenue North, St. Joseph MN 56374
(320) 363-7201
SCANNED
AFFIDAVIT OF RESIDENCY
Applicant Name '-SA60K ka re (-
Address I (�, 1St �� �� o�� Number ofTenants.3
Zoning ft_11, Single Family B1, Central Business (' B2, Highway Business
Ownership Copy of deed showing Requirement
Requirement �- 50 % 100% interest must be attached fulfilled Yes r No r N/a
I,ZgSphj ?AV—grelL, being of legal age, do
h b9by� attest
aannd affirm the following:
1. My primary residence is . Z 2Se 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. 1 make this Affidavit for no improper purpose.
4. 1 understand that deliberate falsification and/or omission pertaining to this affidavit will in result in
revocation of the Interim Use Permit and the qty will pursue civil and/or legal action.
Signatur Date
State of MN
County of Stoarns ` 1
On this AZ -day of 6Q.V 201Q, before me fljfji SSA, Sioh , a notary public, personally
appeared ) QSc t-% Ai(4.4n 9--CMV?-V- 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.
ala
�Ii ��� ��
L N�aEN
I
( MELISSA R. JOHNSTON
NOTA Y LIC
My
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HI'm
NO DELINQUENT TAXES AND
TRANSFER ENTERED
---
DEPUTY
gel, 5 3WI 4.0000
OFFICE OF COUNTY RECORD b.
STEARNS COUNTY, MINNES0
7
Document: A1328415 8,
Certified, Filed, and/or Recorded on
October 29, 201010:05 AM
DIANE GRUNDHOEFER
STEARNS COUNTY RECORDER
QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks
Individual(s) to ki Ndual(s) -- - Form 10.3.1 (2010)
DEED TAX DUE:
FOR VALUABLE
/, 65-
hereby
5
hereby conveys and quitclaims to
DATE: O 2 / O
�c ._.0 -
in 5te6a C N S County, Minnesota, legally described as blow.
Loso' S Z w9 AJd i f- 101'.')
Chep' /W If or pW of the described iW pvparty t Reg�t&W (Tov m) ❑
together with all hereditementS and appurtenances belonging thereto.
Clmd 4Wka* bor.'
)9 The Seller certifies that the Seller does not know of any wails on
the described real property.
❑ A well dime certificate accompanies this document or has
been electronically filed. (If electronically filed, insert WDC
number, I
❑ I an 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.
(Twareel, real ProPmty
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