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Home My WebLink About[06] IUP Tom Dullinger eM'\' OFIlT..JOSI<JI>H Planning Commission Agenda Item~ MEETING DATE: March 3, 2008 AGENDA ITEM: Public Hearing, Interim Use 34 College Avenue North Tom Dullinger SUBMITTED BY: Administration STAFF RECOMMENDATION: Issue an Interim Use Permit allowing the conditional rental license. PREVIOUS PLANNING COMMISSION ACTION: In 2006 the City amended portions of the Zoning Ordinance. One of the amendments changed how rental units are licensed in the B 1, Central Business District. Prior to the amendment, rental was only allowed if 50% of the building was used commercially. The amendment now allows rental in B 1 through the issuance of an Interim Use Permit. BACKGROUND INFORMATION: The Interim Use Permit is conditional and is only valid for a period of three years with an extension of an additional three years or until the majority of the neighborhood has transitioned to commercial use - whichever comes first. Since the Ordinance has been amended two Interim Use Permits have been issued. One of the permits is on College Avenue North near Daisy a Day and the second one is located Birch Street. I have included in this packet a map illustrating the current land uses within the neighborhood of the subject property and the zoning map. The findings attached to this request are consistent with the findings of the two prior interim use permits issued. Before the rental certificate can be issued the property owner is required to complete the rental license process which includes an annual inspection. We do not require the inspection to be completed before the public hearing; rather, it must be completed before tenant occupancy. The rental inspection will need to be completed. ATTACHMENTS:Hearing Notice, Fact of Findings, Application, vicinity map, Land Use Map, Zoning Map REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council adopt the findings issuing an Interim Use Tom Dullinger to operate a rental property in a B 1 Zoning District with the sited conditions Resolution of finding The request of Tom Dullinger for an Interim Use Permit request came before the Planning Commission at a public hearing held on March 3, 2008. The purpose of the hearing was to consider issuance of an Interim Use Permit to allow a rental unit in a B1 Zoning District. The property is legally described as Lot 1 Block 10 N64'of Lots 1-2 & 3, Block 10, Townsite of St. Joseph, located at 34 College Avenue N. St. Josech Code of Ordinances 52.31 Subd. 13(a) states: Interim Use Permit for Rental Units: Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use 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 District. The request for Interim Use has been submitted by Tom Dullinger, 919 College Avenue S, St. Joseph, MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseph Code of Ordinances 52.07.04 Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval of the Interim Use Permit, to allow an owner occupied rental unit in a B1 Zoning District with the following contingencies: 1. Approval of the Rental Housing Inspector. 2. The Planning Commission will review the license annually assuring the property is maintained according to the St. Josech Code of Ordinances. The license will be renewed on compliance. 3. The Interim Use Permit shall expire when the majority of the property is redeveloped as commercial or within three years of March 3, 2011, whichever comes first. 4. If the area surrounding 34 College Avenue N is not ready for commercial development, Tom Dullinger may apply for a three year extension which will be subject to items 1 and 2 above. Sr. Kathleen Kalinowski, Planning Commission Chair ATTEST Judy Weyrens, Administrator . Judy Weyrens Administrdtor MdYor AI Rdssier Councilors Steve Frdnk Rick Schultz Renee Symdnietz Ddle Wick CITY Of ST. JOSEPH www.cityofstjoseph.com Public Hearing City of St. Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, March 3, 2008 at 7: 10 PM. The purpose of the hearing is to consider an Interim Use permit to allow a non owner occupied rental at 34 College Avenue N, legally described as Lot 1 Block 10 N64' of Lots 1-2 & 3, Block 10. St. Joseph Code of Ordinances 52.32 Subd. 12: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use 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 District. Tom DuIlinger, 919 College Avenue S, St. Joseph, MN 56374 has submitted the request for Interim Use. Judy Weyrens Administrator 41 2.) College Avenue North, PO Box 668 . Sdint Joseph, Minnesotd )6')74 P h 0 n e 1 2. 0 . 1 6 1 . 7 2. 0 I F d X 1 2. 0 . 1 6 1 . 0 14 2. APPLICATION FOR INTERIM USE PERMIT CITY OF ST. JOSEPH 25 College Avenue NW P. O. Box 668 St. Joseph, MN 56374 (320)363-7201 or Fax (320)363-0342 Fee $ Paid Receipt # Date STATE OF MINNESOTA) )ss COUNTY OF ~S) ~ \ 1 . NAME: \&v"\ ---Uv.11 ''^-:f- {' ADDRESS:----=:t l 0, - C)\\-e~.JL ~ PHONE: ,-3~ s - 0[2 7 Sc>~)-th S-+. 0o~~ IfWe, the undersigned, hereby make the following application to the City Council and Planning Commission of the City ofSt. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): ~J. 0.... ~\'^~ 2. Legal description ofland to be affected by application, including acreage or square footage ofland involved, and street address, if any (attach additional sheet if necessary): ~ _ I \ r \ I .~~~ - ~~J" ~ ll~ .D~ ~""'~ <..,'oJ( :s-t. "SD~O~ 3. Present zoning of the above described property is: 5. Is the proposed use compatible with present and future.land uses of the area? Please explain: 't ~ 6. Will the proposed use depreciate the area in which it is proposed? Please explain: "'-)0 C~p.D 1~ f>~ un.D ,00 7. Can the proposed use be accommodated with existing City service without overburdening the system? Explain: ~~ . No ~~ ~~ ?C~ '-..~ 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: 'No C~~)JVV'.AfC -\:)-<>^" r~ \JJ.:)..L 1/23/08 To whom this may concern; Rose Mayer (who is my wife's Aunt) has lived at 34 College Ave North, 8t Joseph for over 30 years and now has moved in with her daughter in Bloomington, MN. because of health problems (she is almost 93 years old). My wife and I talked with her daughter Kathy about the potential to buy her house since we have a son who would like to live in a home rather than renting an apartment as he is doing now. Kathy informed us that her Mother would be very happy to have us purchase her home. We anticipate closing on or around May 1, 2008. Our son Greg plans on living in this home for as long as the city will allow. Greg will be 23 years old in April and has full time employment at Woodcraft Industries in 81. Cloud. His pastimes are playing softball in the summer, football in the fall and snowmobile in the winter. We would like to see the city give us permission to use this home as I have described. My wife and I live on College Ave. South, so we will be close to this house to keep watch on it. However, I know Greg is going to take care of the house and yard very well. Thanks for your consideration. ~f~~ 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 l. Additional written or graphic data reasonably required by the Zoning Administrator or the Planning Commission as described below: ~ NO All applications must include a narrative of the special use request. The Interiml use application must be completed in its entirety including the reasons as to why the Planning Commission and City Council should approve the request. 2. Complete Names and addresses of all property owners within 350 feet of the subject parcel and mailing labels. ~NO 3. Required Fee. $200.00 ~NO NOTE: The labels can be obtained from the Steams County Auditors Office, 320-656-3900. The labels must contain all property owners within 350 feet of the perimeter of all sides of the property. Attached to this application and made a p rt thereof are other material submission data requirements, as indicated. Applicant Signature: Date: Date: Owner Signature: FOR OFFICE USE ONLY DATE APPLlCA TION SUBMITTED: DATE APPLlCA nON COMPLETE: Planning Commission Action: _ Recommend Approval _ Recommend Disapproval Date of Action Date Applicant/Property Owner notified of Planning Commission Action: City Council Action: _ Approved _ Disapproved Date of Action Date ApplicantlProperty Owner notified of City Council Action: Data ViewOnline Map Page 1 of 1 34 College Avenue N 417 11 407 403 8'fItD"7!"il' ~1I(J:Nn 207 .".... OATE 5T E ~.._"._- ~LJ~. 123 1219 . IZ.. I 119 203 207 n 301 JI'!l103 109 I 203 ~s~.. .j.LemAR STE .LJ_..LJ~ ~ (O\! -1 I'!l -- http://portal.sehinc.com/data View/mapLayout.htm 2/11/2008