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HomeMy WebLinkAbout[03] MinutesCITY OF 8T. JoS rx Planning Commission Agenda Item 3 MEETING DATE: AGENDA ITEM: SUBMITTED BY: STAFF RECOMMENDATION: PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: August 1, 2011 Minutes —July 11, 2011 Administration Approve the minutes of July 11, 2011 ATTACHMENTS: Request for PC Action Draft PC Minutes —June 6, 2011 REQUESTED PLANNING COMMISSION ACTION: Approve the minutes of July 11, 2011. 1 -2 3 -6 3:1 THIS PAGE INTENTIONALLY LEFT BLANK 3:2 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, July 11, 2011 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair S. Kathleen Kalinowski, Commissioners Ross Rieke, Gina Dullinger, Mike Deutz, Rick Schultz, Joe Dubel, John Meyer and City Administrator Judy Weyrens Others Present: Tom Klein Approval of the Agenda: Deutz made a motion to approve the agenda as presented; seconded by Dubel and passed unanimously. Approval of the Minutes: Schultz made a motion to approve the minutes of June 6, 2011; seconded by Deutz and passed unanimously. Deutz stepped down due to conflict of interest. Public Hearing - Interim use Permit. 119 1S4 Avenue NE: Kalinowski opened the public hearing and stated that the purpose of the hearing was to consider an Interim Use Permit to allow a non owner occupied rental at 119 16t Avenue NE. The property is legally described as Lot 003, Block 001 Loso's 5th Addition. St. Joseph Code of Ordinances 52.32 Subd. 6(b) Mental Units] states that residential units in areas that have been rezoned to commercial from residential may be eligible for 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 was submitted by Mike Deutz [ Deutz Housing]. The public hearing was opened and closed at 7:06PM as there was no one present wishing to speak. The issue arose as to why the application was dated 2010? Deutz replied that the issue arose during the inspection process. The gentleman has been in there over a year, in fact, he is the previous owner of the home. Meyer made a motion to 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 the property located at 11915` Avenue NE, with an expiration date of August 1, 2014. The motion was seconded by Dubel and passed unanimously. Interim Use Permit Renewals: Previously, the Planning Commission agreed to allow the Interim Use Permits to be renewed administratively provided the property did not have any Ordinance infractions. Weyrens stated that this is the first year going thru the administrative process for renewals. All but one of the property owners, Brian Traut, issued an Interim Use Permit completed the renewal process. Traut was sent a final notice that the permit will expire unless the application is returned and the staff did not receive a response. As requested by the Planning Commission, the renewal dates for Interim Use Permits in the commercial zoning districts have all been converted to August 1. This year the Interim Use Permits in the commercial district expire and are eligible for a three year extension with annual review. After the second three year period the property owner is required to re -apply for an Interim Use Permit at which time the area surrounding the application will be reviewed to see if the area is ready for commercial conversion. If the area is not ready for commercial conversion the Planning Commission has the ability to issue a new Interim Use Permit. Meyer made a motion to approve the annual Interim Use Permits and extend the Interim Use Permits for the following properties for a period of three years: 3:3 • 119 College Avenue N • 34 College Avenue N • 1041St Avenue NW • 30 Birch Street E • 409 College Avenue N The motion was seconded by Rieke and passed unanimously. Schultz made a motion terminate the Interim Use Permit for 329 4th Avenue due to lack of submission for renewal. The motion was seconded by Rieke. Discussion: Rieke questioned when this permit would expire to which Weyrens replied that it would expire at the end of the rental period, August 14. Meyer also questioned the ramifications if the Interim Use Permit is not renewed and the property remains occupied. Weyrens explained that the Police Department would follow -up with the complaint and then they would be asked to either go through the process again or vacate the property. Schultz clarified that the Planning Commission will be asked to terminate Interim Use Permits in the future to which Weyrens stated that will be part of the process. The motion passed unanimously. Deutz resumed his seat. Ordinance Update: Kalinowski advised the Commissioners that she requested a copy of the City Council minutes relating to allowing backyard chickens. Although the Planning Commission recommended approval, the City Council denied the request for backyard chickens. She stated that when the Council does not accept their recommendation, she would like feedback as to why. She questioned whether the Commissioners would like to review this again and make a new recommendation or whether they want to let it go. Meyer questioned the process for these types of items that are not accepted by the Council. Rieke advised Meyer and his fellow commissioners that they are only a recommending body. Weyrens stated that in the case of the backyard chickens, the Council opted to conduct a public hearing before consideration of an Ordinance Amendment and as a result, they moved to not allow chickens at that time. She added that, in most cases, if the Council doesn't accept the Planning Commission's recommendation, it would be passed back to the Planning Commission for further discussion. Schultz stated that, back in October, when the Council voted on this item, Frank suggested the Council not act on the provision and wait until the League of MN Cities as a position and draft language for regulations. Since then, the LMC did publish an opinion on backyard chickens. Meyer stated that the LMC's opinion is very specific and he feels that it would be easy to adopt an ordinance based on those guidelines. Kalinowski reminded the Commissioners that, at one point, it was recommended that this be allowed through a conditional use permit process. Rieke stated that it may be cost prohibitive for a resident to go through the conditional use process. Schultz questioned whether it would be appropriate for the council to ask the Planning Commission to discuss this again. Weyrens replied that this could be discussed as an amendment to the R1 Ordinance. She added that now would be an appropriate time. The Commissioners agreed that they would rather discuss items such as Ordinance Amendments in a workshop session rather than a public meeting. COUNCIL LIAISON REPORT Rental Housing Work Group: Schultz reported that the rental housing working group met with a representative from the Stearns County HRA who has been successful in receiving grant money to assist qualifying property owners with needed home repairs. This type of funding could be used to transition some of the rental homes to single family dwellings. They will have another meeting with a representative 3:4 from another group on August 3. He feels that they are making good headway on converting the student rental properties. College of St. Benedict: Weyrens reported that CSB has submitted their application for a PUD and rezoning as well as a Comp Plan amendment. They will begin by requesting to have the area zoned EE; however, it that does not work, they will ask for R4 zoning. Adjourn: Meyer made a motion to adjourn at 7:30PM; seconded by Schultz and passed unanimously. Judy Weyrens Administrator 3:5 THIS PAGE INTENTIONALLY LEFT BLANK 3:6