HomeMy WebLinkAbout[04d] Interim Use Permit - 119 1st Avenue NECM OF ST. JOSEPH
MEETING DATE:
AGENDA ITEM:
Council Agenda Item 4 d
July 21, 2011
Interim Use Permit: Requested Action — Accept the
recommendation of the Planning Commission issuing an Interim Use Permit to Mike Deutz / Deutz
Properties to secure a rental license for 119 —1st Avenue NE.
SUBMITTED BY:
Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on July 11, to consider the request of Mike Deutz / Deutz Properties to secure an Interim
Use Permit to secure a rental license at 119 —1st Avenue NE. 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:
Request for Council Action ..... ...............................
4(d):1 -2
Findings of Fact — City Council ..............................
4(d):3 -4
Commission Findings of Fact .. ...............................
4(d):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 Mike Deutz / Deutz Properties, 119 —1st Avenue NE 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.
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4(d):2
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Mike Deutz, Deutz Housing AND DECISION
Interim Use Permit at 119 —1st Avenue NE
Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5
FINDINGS OF FACT
On July 11, 2011 the St. Joseph Planning Commission conducted a public hearing to consider the
application of Mike Deutz / Deutz Housing for an Interim Use Permit to allow a rental unit at 119 —1st
Avenue NE. 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 Mary
Long for an Interim Use Permit to secure a rental license.
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. In October 2010 the City Council further amended the Ordinance allowing for non owner
occupied rental units in 61 or B2 Zoning Districts. The provision allowed for a three year
permit that is renewed annually. At the end of three years of the surrounding property has
not been converted to a business use, the Planning Commission can extend the Interim Use
Permit three additional years.
4(d):3
6. Upon review of the application it was determined complete and met the Ordinance
requirements.
DECISION AND CONCLUSION
Based on the Finding of Fact, the St. Joseph City Council hereby issues an Interim Use Permit to
Mike Deutz / Deutz Properties for property located at 119 —1St Avenue NE with the following conditions:
St. Joseph Code of Ordinances 52.32 Subd. 6 provide property owners in a B2 Highway
Business Zoning district to seek an Interim Use Permit to allow property owners to utilize
property used as residential in commercial areas that are not yet ready for conversion to
business use. As all rental properties, 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 interim Use Permit shall expire on August 1, 2014. Upon request of the
property owner, lack of commercial development adjacent to the subject property,
the Planning Commission can extend the permit for an additional three years.
d. The Interim Use Permit must be renewed annually each year for continuation.
e. 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 is hereby issued.
Passed by Resolution of the St. Joseph City Council on July 21, 2011.
CITY OF ST. JOSEPH
By
By
Rick Schultz, Mayor
Judy Weyrens, Administrator
4(d):4
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Mike Deutz, Deutz Housing AND DECISION
Interim Use Permit at 119 —15` Avenue NW
Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5
FINDINGS OF FACT
On July 11, 2011 the St. Joseph Planning Commission conducted a public hearing to consider the
application of Mike Deutz / Deutz Housing for an Interim Use Permit to allow a rental unit at 119 —1"
Avenue NE. 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 Mary
Long for an Interim Use Permit to secure a rental license.
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. In October 2010 the City Council further amended the Ordinance allowing for non owner
occupied rental units in 131 or B2 Zoning Districts. The provision allowed for three year
permit that is renewed annually. At the end of three years of the surrounding property has
not been converted to a business use, the Planning Commission can extend the Interim Use
Permit three additional years.
4(d):5
6. Upon review of the application it was determined complete and met the Ordinance
requirements.
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 52.32 Subd. 6 provide property owners in a B2 Highway
Business Zoning district to seek an Interim Use Permit to allow property owners to utilize
property used as residential in commercial areas that are not yet ready for conversion to
business use. As all rental properties, 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:
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 on August 1, 2014. Upon request of the
property owner, lack of commercial development adjacent to the subject property,
the Planning Commission can extend the permit for an additional three years.
d. The Interim Use Permit must be renewed annually each year for continuation.
e. 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 July 11, 2011.
CITY OF ST. JOSEPH
By
Kathleen Kalinowski, Chair
By
Judy Weyrens, Administrator
4(d):6
trr� oFRT.acxtihpn Planning Commission Agenda 4
MEETING DATE:
July 11, 2011
AGENDA ITEM: Public Hearing, Interim Use Permit
Mike Deutz / Deutz Properties, 119 —1st Avenue NE
Non Owner Occupied Rental Unit
SUBMITTED BY:
Administration
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
granting an Interim Use Permit to Mike Deutz, Deutz Properties allowing a rental unit at 119 —1St
Avenue NE.
PREVIOUS PLANNING COMMISSION ACTION: In January of 2007 the Ordinance for B2 was modified
to allow non -owner occupied rental units in a B1 Central Business 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.
In reviewing the land uses adjacent to this property they are primarily residential in nature, therefore
the neighborhood is not ready for conversion to commercial use.
ATTACHMENTS: Request for Planning Commission Action .............. ............................... 4:1 -2
Findingsof Fact ........................................................... ............................... 4:3 -4
Application.................................................................. ............................... 4:5 -6
Public Hearing Notice ................................................ ............................... 4:7
Proof of ownership ............................................... ............................... 4:8
VicinityMap ................................................................. ............................... 4:9
REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and
Administrator to execute the Resolution recommending the Council issue an Interim Use Permit to Mike
Deutz / Deutz Properties for property located at 119 —1St Avenue NE, with an expiration date of August 1,
2014.
4(d):7
CITY OF ST. JOSEPH
WWW. cltyof stioseph.com
Public Hearing
City of St. Joseph
Judy Weyrens
Administrator
Publish: July 1, 2011
1191st Avenue NE
zs College Avenue North • PO Box 668 . Saint Joseph, Minnesota 56374
Phone 3zo.363.7zoi Fax 32.o.363.034z 4(d):H
The St. Joseph Planning Commission shall conduct a public hearing on Monday, July 11, 2011 at
Administrator
7:OOPM in the St. Joseph City Hall. The purpose of the hearing is to consider an Interim Use Permit to
Judy Weyrens
allow a non owner occupied rental at 1191St Avenue NE. The property is legally described as Lot 003,
Block 001 Loso's 5th Addition.
Mayor
St. Joseoh Code of Ordinances 52.32 Subd. 6(b): Rental Units. Residential units in areas that have
been rezoned to commercial from residential may be eligible for an Interim Use Permit as a rental
Rick Schultz
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.
Councilors
Steve Frank
All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written
Bob Loso
testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 668, St. Joseph, MN
Renee Symanietz
56374.
Dale Vick
Mike Deutz [ Deutz Housing], PO Box 634, St. Joseph, MN 56374 has submitted the request for Interim
Use.
Judy Weyrens
Administrator
Publish: July 1, 2011
1191st Avenue NE
zs College Avenue North • PO Box 668 . Saint Joseph, Minnesota 56374
Phone 3zo.363.7zoi Fax 32.o.363.034z 4(d):H
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 )
) ss
COUNTY OF STEARNS )
NAME: Mike Deutz / Deutz Housing
ADDRESS: PO Box 634 St.Joseph, MN 56374
Fee $
Paid Aond
Date tl[i
PHONE: 320- 363 -4953
EMAIL: mdeutz @ciearwire.net
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:
dwelling at 119 1 st Ave NE St.Joseph, MN 56374
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):
119 1 st Ave NE St.Joseph, MN 56374
Stearns County, Minnesota
Loso's 5
L3 &p /o 4,BL1
3. Present zoning of the above described property is:
4. Name and address of the present owner of the above described land:
Michael Deutz
PO Box 634 St.Joseph, MN 56374
5. Is the proposed use compatible with the future and present land uses of the area? Please explain:
r- Yes IX No
It's consistent with neighbors on both sides
4(d):9
6. Will the proposed use depreciate the area in which it is proposed? Please explain:
F Yes jX No
It's consistent with all land use in its area
7. Can the proposed use be accomodoted with existing City service without overburdening the system? Please explain:
r Yes F No
It's consistent with it's current use.
8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
jx Yes F No
Attached to this application, and made part t f, are
Applicant Signature:
Property Owner Signature: _
submission data requirements, as indicated.
Date: y- a;tO) O
Date:
FOR OFFICE USE ONLY
Date application submitted: Date application completed:
(Planning Commission Action: r Recommend Approval j— Recommend Disapproval Date of Action:
City Council Action: F Approved j— Disapproved Date of Action:
Date Applicant /Property owner notified of City Council Action:
4(d):10