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HomeMy WebLinkAbout[04] Public Hearing - Residential Living Quarters 35 2nd Ave SE • (Try of ST. JOSEPH Planning Commission Agenda Item 4 MEETING DATE: January 9, 2012 AGENDA ITEM: Special Use Permit; Catholic Worker SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The City received an application for consideration of a special use permit to allow a residential living facility and hospitality center for outreach at 35 — 2 Avenue SE. The property is currently owned by Patrick Conway who lives out of state so the property has been vacant for about 2 % years. During this time the neighbors have been taking care of the yard as the property owner has not made arrangements. The proposed use for the property will have residents living in the facility, managing the property while they outreach in the community. See the narrative included in the packet as the role of Catholic Worker. In preparation of the meeting representatives of Catholic Worker conducted a neighborhood meeting to answer questions and discuss how the property will be utilized. In talking to one of the representatives the neighbors were frustrated with the lack of care for the property by the current property owner, what the proposed use will do to land values and how the property will be utilized. The property will still be owned by Patrick Conway, but leased to Catholic Worker. Catholic Worker will always have a resident living at the property that will be in charge of the property, so a local contact is available if concerns arise. They will assume management of the property. Included in the meeting material is a draft Findings of Fact. Whether the Planning Commission approves or denies the use, Findings of Fact must be established. Based on testimony received at the public hearing conditions can be added. ATTACHMENTS: Request for Planning Commission Action Public Hearing Notice Vicinity Map Application for Special Use Narrative for application Draft Findings of Fact Ordinance Extraction REQUESTED PLANNING COMMISSION ACTION: Forward a recommendation to the City Council with supporting Findings of Fact either approving or denying the request. THIS PAGE INTENTIONALLY LEFT BLANK CITY OF ST. J OSEPH www.cityofstjoseph.com Public Hearing City of St. Joseph Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, January 9, 2012 at 7:OOPM in the St. Joseph City Hall. The purpose of the hearing is to consider a Special Use Permit to Judy Weyrens allow a residential living facility for temporary and permanent residents at 35 — 2nd Avenue SE. The property is legally described as So 60' of lots 8 -9 -10, Block 2; Loso's 2nd Addition. Mayor St. Joseph Code of Ordinances 52.27 Subd. 3(g): Institutions of a religious eleemosynary or Rick Schultz philanthropic nature; and St. Joseph Code of Ordinances 52.27 Subd. 3(k): Uses which in the judgment are similar to those listed in this zoning district. Councilors All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written Steve Frank testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 668, St. Joseph, MN Bob Loso 56374. Renee Symanietz Dale Wick Molly Weyrens, 6522 Laurel Rd, St. Cloud MN 56303 has submitted the request for Special Use. Judy Weyrens Administrator EL a Publish: December 23, 2011 ,isre iODA 8? f 124 21 Note: MN State law required mailed notice to all 32 f0D 111 ° l to aoa rte +so property owners within 350 feet of a 21 16 114 It rezoning, variance or special /interim use ?; permit request. 27 _ Ye � 111 1E11 31 29 32 32 35 35 2 Avenue SE — 0 �� 102 F 2 } 19 101 0 1 106 K 114 z s College Avenue North • PO Box 66 • Saint Joseph, Minnesota 56374 Phone 3zo. 3 6 3.7zoi Fax 310.363.0341 Catholic Worker House Special Use Permit ti '163.18' 1sa� =,t I' I S I� 0 1 1 [ "` f!! 121 i, 2 1a3 1071 X 77 105 2 293 03 17119 2f5 221 0 p I k [ 33 4.f C i r 1 "" f �f '` 1 2\ s YT 1 V2\8_,_\. 5 y � � 1 �— .. � im 5 pSh# 5T E t : S -� 74SF# ST _ 30 0 2 fa y _ . ts Er-� i 7J22O . 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This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. 12/20/2011 APPLICATION FOR SPECIAL USE PERMIT City of St. Joseph • Ol 25 College Avenue N Fee S 4610 PO Box 668 St. Joseph, MN 56374 Paid /3 kA i Phone (320)363-7201 or Fax (320)363 -0342 Date zid o - < t ai STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) NAME: Molly Weyrens • PHONE: 320 - 828 -4465 ADDRESS: 6522 Laurel Rd EMAIL: centraimncw @gmaii.com 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.) t 1. Application is hereby made fora Special Use Permit to conduct the following: We would like the city to grant us permission to rent a non -owner occupied home for the purpose of starting a Catholic Worker House in St. Joseph. 35 2 4 s S+ 30Re_p t , nu) 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): Forthcoming.,. Sa (p6' 6� / - s g -ri -!t) elk..-_ _... Lvsv '} ..0 `r 4 dim . 8,i-5-30,3-000o • 3. Present zoning of the above described property is: IR1 - Single- Family 4. Name and address of the present owner of the above described property: Patrick Conway 330 E. 39th St Apt36E New York, NY 10016 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: ri Yes fl No If the land is to continue being zoned residential, than this fit right in with the plan. . • • 6. Will the proposed use depreciate the area in which it is proposed? Please explain: ri Yes r No Our purpose for the home will not depreciate the area. If anything, this house will enhance the neighborhood as no one has lived in the house for the past 2years. We don't plan on doing any extensive work on the house at the present time. 7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain: P Yes j" No In the home's history it perhaps had many, many more people living in it than what we are proposing so there should not be more detriment to the system. 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: S j Yes l No Yes, there might only be 3-4 cars total at the house at any given time. This would be in line with a larger family using this home with the size of the house taken into consideration. Attached to this application, and made a part thereof, other material submission data requirements, as indicated. 144; % u. Applicant Signature: Date: 12 . ? . 1/ Property Owner Signature: ±:i ( ,ae'- :�;?..C��c. -. /-- -• Date: / 'Z - % / ^ � l �' I l `F FOR OFFICE USE ONLY Date application submitted: b k j Date application completed: PC . /3 a v if Planning Commission Action: f Recommend Approval IT Recommend Disapproval Date of Action: City Council Action: E Approved f Disapproved Date of Action: Date Applicant /Property owner notified of City Council Action: • Narrative for Special Use Application Approximately three years ago a group of citizens from St. Joseph and the surrounding area began exploring the possibility of establishing a Catholic Worker community in St. Joseph. The hope for the Catholic Worker community, as determined by this core group (Central MN Catholic Worker), is outlined here: • offer weekly opportunities for shared prayer • offer regular opportunities for dialogue and discernment about the social justice dimension of the Gospel and advocacy for the application of the values of Jesus to the issues in our community, society, and world • provide hospitality to people who are struggling economically The core group has been hosting shared prayer opportunities and dialogue and discernment with the larger community since the group's inception and has offered more regular opportunities since August 2011. In the last year, the core group of community members has grown and now includes a number of individuals including a family from St. Joseph, members of St. Benedict's Monastery, students from CSB /SJU, and individuals from the greater St. Joseph - St. Cloud area. As the group has grown and interest has expanded the original leaders along with new leaders are excited about the possibility of opening a Catholic Worker House of Hospitality in St. Joseph. There are over 150 Catholic Worker Houses of Hospitality both in the United States and abroad. Each house differs depending on its location and the particular goals and needs of each community, but all houses are founded on the principles of the Catholic laywoman, Dorothy Day. At the turn of the 20 century, Dorothy Day sought to put into action the principles of Catholic Social Teaching by caring for those in need and bringing persons and communities together to provide support to one another. The Central MN Catholic Worker envisions having a home in St. Joseph where a small number of committed individual adults or families would live together as permanent live -in volunteers and would then offer hospitality to the broader community. "Offering Hospitality" would include continuing to offer shared nights of prayer and discussion for anyone interested in the St. Joseph area and would also include eventually opening the home to one family or 1 or 2 individuals who find themselves without housing. As they work and look for permanent housing, the CW would serve as a place for them to live during their transition, surrounded by a nurturing community of people. The Central MN Catholic Worker has been in communication with the owner of the home of interest. The owner lives out of state but after fruitful conversations has agreed to work with the Catholic Worker community and will maintain a relationship with the Catholic Worker community through a lease, a contract, and regular communication. The live -in volunteers will consist of independent adults (age 22 or older who are no longer college students) and their children (under the age of 18) who are committed to hospitality and communal living. The transitional family or 1 -2 individuals who are offered hospitality are envisioned as connecting with the Catholic Worker through relationships with social services in the St. Cloud area and will become a member of the Catholic Worker household after conversation, relationship building, and a screening process. With the approval of a Special Use Permit the home of interest is ideal for the above described residential use and we believe will be a great benefit to our already thriving community. We envision the Catholic Worker community as being a good neighbor, a vital participant in the life of the local community, and a faithful citizen. The answer as to why the St. Joseph Planning Commission and City Council should consider approving this request is basic to the development of a community that is about hospitality since our mission is to be a place of hospitality (welcoming all - a positive sense for a town) and committed to involvement in the area through our outreach efforts. Well be working toward this mission by building friendships and collaborative relationships with the churches, schools, monastic communities, and businesses of St. Joe. We would also like to be a witness to the fact that smaller towns can be open to an entity like a Catholic Worker House to offer support to those on the margins and who need assistance. Many times we tend to leave this work to larger municipalities whose resources might be deeper. Because of the strong history of Gospel - witness in this town whenever there are people in need, we feel that our request fits In line with what the citizens of the City of St. Joseph would hope for their community. In addition, we also feel that this house fits so well with what we are trying to do and is affordable through the cooperation of the owner. With 6 bedrooms, we know that it will be tough to find another place that fits our needs as a community, and our means financially. Secondly, because we will have people on -site as live -in volunteers, there will be responsible oversight of the property. As you know, this isn't always a given even with owner - occupied rentals. Creating the Catholic Worker Community has already brought great benefits of relationship- building, idea- sharing and rich conversation. We Zook forward to continued partnerships with Resurrection Lutheran Church, the four schools and monasteries and all the citizens of St. Joseph in living out our Christian call — our very human call — to serve those in our midst. City of St. Joseph IN RE: FINDINGS OF FACT Application of Molly Weyrens AND DECISION Special Use Permit at 35 — 2 Ave NE Special Use Permit to allow Living quarters in R1 Zoning District FINDINGS OF FACT On January 9, 2012 the St. Joseph Planning Commission conducted a public hearing to consider the application of Molly Weyrens, representing Catholic Worker, for a Special Use Permit to allow living quarters for religious or eleemosynary purposes. 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 Molly Weyrens for a Special Use Permit. 1. The property located at 35 — 2 Avenue SE is zoned as R1, Single Family Residential and has been used as a single family residential unit. 2. In 2006 the property owner, Patrick Conway, secured an Interim Use Permit to allow an owner occupied rental unit at the same address. The Interim Use was valid for the years 2006 and 2007. 3. The property has been vacant and for sale since 2008. The Catholic Worker Community Program is requesting to lease the property from the current property owner, providing live - in volunteers to offer hospitality to the community of St. Joseph. 4. The Central MN Catholic Worker Community Program is designed to offer opportunities for shared prayer, dialogue and discernment as it relates to social justice and provide hospitality to people who 5. St. Joseph Code of Ordinances 52.27 Subd. 3(g) include a provision for requesting a special use permit for institutions of religious eleemosynary or for that of a philanthropic nature. According to Merriam - Webster, eleemosynary is defined as: relating to, or supported by charity. The proposed use is eleemosynary in nature. 6. St. Joseph Code of Ordinances 52.27 Subd. 3(k) includes a provision for requesting a special use permit for "uses which in the judgment of the Planning Commission and City Council are similar to those listed in the zoning district ". 7. The proposed Catholic Worker is similar in nature to a group care facility. 8. In considering a request for Special Use, St. Joseph Code of Ordinances 52.07 Subd. 3(e) identifies standards for granting a special use permit and include: will not be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood; will be harmonious to the neighborhood; will not change the characteristics of the neighborhood, will be adequately served by facilities and services; will not create excessive additional costs for services; will not involve activities that involve excessive noise, production of traffic, fumes, glare or odors; will not create traffic congestion; will have adequate facilities for off street parking; will not result in the Toss or damage of historic property. 9. St. Joseph Code of Ordinances 52.07 subd. 3(h) provides the Planning Commission and City Council the authority to place conditions when issuing a special use permit in order to protect the best interests of the surrounding area or of the City as a whole. 10. St. Joseph Code of Ordinance 52.07 subd. 3(h) identifies examples of conditions which include: traffic management for ingress and egress to the property; off - street parking; refuse and service areas; fencing and landscaping; signage; open space requirements; general compatibility conditions. DECISION AND CONCLUSION Based on the Finding of Fact, the St. Joseph Planning Commission recommends approval of the Special Use Permit with the following conditions: 1. As the property will function as a quasi - rental unit, the property shall be subject to the requirements of the rental housing code, including the annual inspection and inspection fee. 2. The maximum density for the property shall be 3. Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the request for Special Use is forwarded to the City Council as a recommendation for approval. Passed by Resolution of the St. Joseph Planning Commission on January 9, 2012. CITY OF ST. JOSEPH By Kathleen Kalinowski, Chair By Judy Weyrens, Administrator ORDINANCE 52 — ZONING ORDINANCE Section 52.27: R -1 SINGLE FAMILY RESIDENCE DISTRICT Subd. 1: Intent. It is the intent of this district to provide for the orderly development of residential areas and to avoid urban sprawl within the City; permit the development of single family dwellings; to provide reasonable standards for such development; to avoid overcrowding; and to prohibit the use of land which would be incompatible with or detrimental to the essential residential character of such districts. Subd. 2: Permitted Uses. a) Single family dwellings - non - rental occupancy. b) Public parks and playgrounds. c) Horticulture, not to include the retail sale of products. d) Licensed residential group care facility with 1,300 feet between it and a similar facility and not to exceed six boarders. e) Licensed day -care facility serving 12 persons or less. Subd. 3: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in this Ordinance: a) Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community. b) Public or semi - public recreational buildings and community centers. c) Licensed day -care centers serving 13 or more persons. d) Licensed residential group care facilities with seven or more boarders. e) Public libraries. Public and private schools provided that the location and off - street parking has been reviewed and approved by the Planning Commission. g) Institutions of a religious eleemosynary or philanthropic nature. h) Nurseries and greenhouses. 52.27 -1 ORDINANCE 52 — ZONING ORDINANCE thirty (30) days after notice of said appeal. The City Council shall make its order deciding the matter and serve a copy of such order upon the appellant or the petitioner by mail within ten (10) days after its decision. c) Successive Applications. Whenever an application for a variance has been considered and denied by the City Council, a similar application for a variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial, unless a decision to reconsider such matter is made by not less than four-fifths (4/5) vote of the full City Council. d) Lapse of Variance. If within one (1) year after granting a variance the work permitted is not started such a variance shall become null and void unless a petition for an extension has been approved by the City Council. Subd. 3: Special Use Permit. a) Purpose and Scope. The purpose of this Section of the Zoning Ordinance is to provide the Planning Commission and City Council with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare and public safety. b) Issuance. Special use permits may be issued for any of the following: 1. Any of the uses or purposes for which such permits are required or permitted by the provisions of this Ordinance. 2. Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare. 3. To classify as a conforming use any non - conforming institutional use existing in any district at the time of the establishment of such district. c) Application. Applications for Special Use Permits and required fees shall be submitted the City Administrator /Clerk. The application shall be accompanied by a site plan containing such information as is necessary to show compliance with this Ordinance, including but not limited to: 1. Description of site (legal description). 2. Site plan drawn at scale showing parcel and building dimensions. 3. Location of all buildings and their square footage, and the location of easements. 4. Curb cuts, driveways, access roads, parking spaces, off - street loading areas and sidewalks. 52.07 -4 ORDINANCE 52 — ZONING ORDINANCE 5. Landscaping and screening plans. 6. Drainage and erosion control plan with pertinent elevations. 7. Sanitary sewer and water plan with estimated use per day. 8. Soil type, the location of wetlands as defined by Minnesota Statute 1036.005, Subd. 19, or absence thereof as verified by a statement from the Stearns County Environmental Services Office. 9. Any additional written or graphic data reasonably required by the City Administrator /Clerk or the Planning Commission. 10. Proof that the Applicant is the owner of the parcel in question. d) Procedure. The City Administrator /Clerk shall forward said application to the Planning Commission for consideration at their next regular meeting. 1. The City Administrator /Clerk shall review all Development Review Applications and upon verification that the Application is complete and meets the requirements of the Ordinance, the City Administrator /Clerk shall schedule a public hearing. The City Administrator /Clerk shall complete the review process within ten (10) days of receipt of the Application. Notice of such hearing shall be published in accordance with State Law and notice shall be published at least once in the official paper of the City and mailed to individual properties within three hundred fifty (350) feet of the parcel included in the request not less than ten (10) days nor more than thirty (30) days prior to the date of said hearing. Failure of a property owner to receive said notice shall not invalidate any such proceedings. 2. The Planning Commission shall consider possible adverse effects of the proposed special use and what additional requirements may be necessary to reduce any adverse effects, and shall make a recommendation to the City Council within the guidelines as mandated by State Law. 3. The City Council shall act upon the report and recommendation from the Planning Commission within the guidelines as mandated by State Law. Upon receiving the report and recommendation from the Planning Commission, the City Council shall have the option of holding a public hearing if necessary and may impose any conditions deemed necessary. Approval of a special use permit shall require passage by a majority vote of the full City Council. e) Standards. The Planning Commission shall recommend a special use permit and the Council shall order the issuance of such permit if the application conforms to 52.07 -5 ORDINANCE 52 — ZONING ORDINANCE the specific standards set forth below, as it would apply to the particular use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the comprehensive plan of the City and this Ordinance. 3. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 4. Will not be hazardous or disturbing to existing of future neighboring uses. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools. 6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic or surrounding public thoroughfares. 9. Will have adequate facilities to provide sufficient off - street parking and loading space to serve the proposed use. 10. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance. f) Denial for Non - Compliance. If the Planning Commission recommends denial of a special use permit or the Council orders such denial, it shall include in its recommendations or determination findings as to the ways in which the proposed use does not comply with the standards required by this Ordinance. 52.07 -6 ORDINANCE 52 — ZONING ORDINANCE g) Appeals. All decisions by the Council involving a special use permit shall be final except that an aggrieved person or persons shall have the right to file an appeal within thirty (30) days of the decision with the Stearns County District Court. h) Conditions. In recommending or approving any special use permit, the Planning Commission and the Council may impose conditions which are considered necessary to meet the standards of this Ordinance and to protect the best interests of the surrounding area or the City as a whole. Violation of any such condition is a violation of this Ordinance. These conditions may include but are not limited to the following: 1. Ingress and egress to property and proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe. 2. Off - street parking and loading areas where required and the economic effect, noise, glare, or odor of the special use on nearby property. 3. Refuse and service areas. 4. Utilities with reference to location, availability and compatibility. 5. Diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. 6. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district. 7. Required yards and other open space. 8. General compatibility with adjacent and other property in the district. i) Successive Applications. Whenever an application for a special use permit has been considered and denied by the City Council, a similar application for a special use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial, unless a decision to reconsider such matter is made by not less than four -fifths (4/5) vote of the full City Council. j) Expiration. If substantial construction has not taken place within one (1) year after the date of a special use permit, the permit is void except that, on application, the Council, after receiving the recommendation of the Planning Commission, may extend the permit for an additional period not to exceed one (I) year. A special use permit authorizes only the conditional use specified in the permit and expires if, for any reason, the authorized use ceases for more than one (1) year. 52.07 -7