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
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Publish: December 23, 2011 ,isre
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Note: MN State law required mailed notice to all 32 f0D 111 ° l
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rezoning, variance or special /interim use ?;
permit request. 27 _ Ye
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Catholic Worker House
Special Use Permit
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Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be
used as one. 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 - % /
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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