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HomeMy WebLinkAbout[04] Public Hearing - Bryan Berscheid - Interim Use Permit CITY O FST-JOSEPH Planning Commission Agenda 4 MEETING DATE: May 7, 2012 AGENDA ITEM: Public Hearing, Interim Use Permit Bryan Berscheid, 1206 Cary Court Owner Occupied Rental Unit SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: None. BACKGROUND INFORMATION: The City received a call that the property at 1206 appeared to be operating as a rental property; therefore a letter was sent to the property owner, Bryan Bersheid, alleging he was in violation of the Ordinance. Shortly after mailing the letter Bersheid contacted the City Offices and stated that he did not know he was violating the Ordinance and he was working out of town but came back on weekends. At that time he was advised to complete the Interim Use Permit process and he would not be cited for violating the Ordinance. The City Offices received the application and after numerous contacts all the information was received and the hearing was published. Since that time the City has had contact with the tenant at the property, the property owner, and a property owner representative. Tenant The property owner called the City Offices on April 27 to question the City about rental regulations; it became apparent that the property owner does not reside at the home. The tenant was questioned if the property owner lives at the residence and she responded no. The tenant was unaware of the rental regulations requiring owner occupied. On April 28, the Police Chief contacted the tenant to discuss if the property was an owner occupied rental unit. The tenant provided the Police Chief with a copy of the two year lease they have with the property owner and confirmed again that the property owner does not reside at the residence. Owner Early the week of April 30, Bersheid contacted the offices questioning the status of his property and he was informed that based on the information received by the Police Chief and City Offices the property is not operated as an owner occupied rental unit so he would not qualify for a rental license. He proceeded to explain that he works in North Dakota and renting his property keeps if from going into foreclosure. He wanted to know what he could do to which he was told the City cannot provide legal advice. Representative - The same week of April 30 a call was received by the City Offices regarding Bersheid and she stated that he could not attend the meeting on May 7 and she was trying to help him out. I informed her that the Planning Commission will have to resolve the matter and determine if the property is operating as an owner occupied rental. She stated that Bersheid comes home and stays at the residence. I advised her that the City has a copy of the lease and has talked to the tenant and that is not reflected in the document or through discussion with the tenant. In fact, the tenant indicated that he has not stayed in the home. The property owner representative went on to state that it is a verbal agreement they have that allows him to stay and during the summer he will be home more. ATTACHMENTS: Request for Planning Commission Action Hearing Notice Application for Interim Use Permit Affidavit of Residency Police Report Compliance Order Front Page of Lease Agreement Email Correspondence REQUESTED PLANNING COMMISSION ACTION: After accepting testimony and considering the facts, the Planning Commission will have to determine if the property is eligible for an owner occupied rental unit and forward a recommendation to the City Council either approving or denying the request. \ CITY OF ST. J OSFPH ev�W. cityof stjoseph.com Public Hearing City of St. Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, May 7, 2012 at 7:00 PM at the St. Joseph City Hall. The purpose of the hearing is to consider an Administrator Interim Use permit to allow an owner occupied rental at 1206 Cary Court. The property is ludy Weyrens legally described as Lot 8, Block 2, Pond View Ridge Four. St. Joseph Code of Ordinances 5227 subd. 5 allows for an Interim Use Permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does Mayor not contain separate kitchen facilities and is not intended for use as an independent Rick Schultz residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the Councilors owner /owners must provide a copy of a recorded deed or recorded contract for deed. A Steve Frank purchase agreement will not be accepted as evidence of ownership. Bob Loso All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written Renee Symanietz testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 668, St. Dale Wick Joseph, MN 56374. Bryan Berscheid, 1206 Cary Court, St. Joseph, MN 56374 has submitted the request for an Interim Use Permit. Judy Weyrens Administrator Publish: April 20, 2012 f�1 11 1 ' s a ". r f/w 1103 » nor.. INC aft 1st O. '110, au 20 ass 355 , ifs > to n4 > 1 . 206 Cary Court a a * 1 3 1:12::: 1103 MP - - 1110 1700 1112 fa00 1311 1300 1401 1117 1 1100 ff01 0317 1301 1307 1315 1311 0131 1103 107 / • zs College Avenue North • PO Box 668 • Saint loseph. Minnesota 66374 Phone 320.363.72ot Fax 320.363.0341 • APPLICATION FOR INTERIM USE PERMIT CITY OF ST. JOSEPH 25 College Avenue NW Paid P. O. Box 668 Receipt O. St. Jose • h, MN 56374 Date • (320)363 -7201 r Fax (320)363 -0342 STATE OF MINNESOTA ) )se COUNTY OF STEARNS) NAME: ("I`•�J°^ C • c Q cir. PHONE: Lola -200 - Ss,s ADORESS: 1 —..f - - mr. 3 Maths uodenigned, hearty male the following appllodon to fire Cbi and Pluming Conflation dare Cq of St Joseph, Stearns Count MI merle. (Apps have the reeponsIbilV d cMddrg al amicable • , • pwfilnIna lo slat appibtlon and complying MIA al ordnance 'Wrenn,* 1. Applicedon Is lereby made for Interim Use Permit to uct the following: A :4. Cwal.� Zv. 11.0"y44. • • 2. Legal deeriptlon of land to be affected by application, duding - or square footage of land involved, and street address, if any (attach additional sheet if noc weary): - . - N- a V- 2 ''P1...i 1! ►wa tL �t 1 Present zoning of the above described property is: • 4. Name and address of the present owner Of the above . . bed properly is: 1a. ra•ha C • ' i 1 5. Is the proposed use txxnp®tlble with present and future d uses of the area? Please explain: — - -._ _ _ 8. Will the proposed use depredate the area In which ii is • . :.? Please explain: !� (m.iy 7. Can_ .bite proposed use be accommodated with exsdng '+ service without overburdening the system? Explain: 8. Are local streets capable of handling traffic which is , by she proposed use? Please explain: qft :S ( 411 /* T aged LZOSEB*TOL woswx)IOIQ Wfj3HC WU80 :1 000E ZO Inc Attached to this application and made a part thereof are other matedai submission data raquirements, as indicated. Applicant Signature: • tis-- C - „ Date: ^ t O' v"A. Owner signature: :zoke.� 1 C � Date: q — Imo ' 1?.- FOR OFFICE JSE ONLY DATE SUBMITTED: DATE COMPLETE DATE OF PUBLIC HEARING PUBLICATION DATE: Planning Commission Action: Recommend Approval R8c mnend Disapproval Dated Actlorc Dale Applicant/Property Owner notified of Planning Commission Action: City Council Action: Approved Disapproved Date d Action: Date AppiloerdlProperty Owner notified of City Council Action: 2 e2ed LZO6EB1• T OL NOSH I )IO I a WUGHC WUBO : T OOOZ ZO Inc Apr 1612 01:39p THE UPS STORE 7014837582 p.2 CITY OF ST. JOSEPH 25 College Avenue North, St. Joseph MN 56374 (320) 363 -7207 AFFIDAVIT OF RESIDENCY Applicant Name cS a_.. C. Number of Tenants Address 1 ou i��r � "k sk . o5c_r� tv.rJ 9..3,E -jvci.`\ Zoning $ R1, Single Family r 131, Central Business r B2, Highway Business Ownership Copy of deed showing Requirement Requirement �-- 5096 1 0096 interest must be attached fulfilled r Yes r No r NA 1, ,_.S.,_( )being of legal age, do hereby by attest and affirm the following: 1. My primary residence is a oi.Q C -.-N Ex.4 and that I am the owner of record of the same. c os.: ,t...+ - az.314 2. The Interim Use Permit is only valid while said property is your primary residence and you are living at the same. It will be your responsibility to notify the City of any change of residency. 3. I make this Affidavit for no improper purpose. 4. 1 understand that deliberate falsification and/or omission pertaining to this affidavit will in resift in revocation of the Interim Use Permit and the aty will pursue civil and/or legal action. Signature �C �--„,, �. (:�� Date t--1 - x, " \'?-- State of MN County of Stearns On this 1_6_ day o f fl \ , 201 a . before me w- ' SL, `^-J 1 . a rotary public, personally appeared C .. . C'>. �- . .�.r. � • proved on the of satisfactory evidence to be the person(s) whose name (s) is (are) subscribed tb this instrument, and acknowledged (he /she/they) exectuted the same. Witness my hand and official seal Lynn Schulz Notary Signature „. (SEAL) Slate of l PubNc Dakota My Commission Explre.April 3, 2018 ST. JOSEPH POLICE DEPARTMENT 1 Investigation Report . - ICR NUMBER: 12800786 OFFENSE/INCIDENT: Rental Violation LOCATION OF OCCURRENCE: 1206 Cary Ct SUSPECT: Bryan Charles Berscheid, - - - - - ' ' - - - ADDRESS: 932 Park Ave, Dickinson, ND 58601 PHONE NUMBER: DATE REPORTED: 04/27/2012 TIME REPORTED: See report. DATE OCCURRED: See report. TIME OCCURRED: See report. REPORTING OFFICER: Chief Jansky, Pete 7701 ASSISTING OFFICER(S): On April 27, 2012, Officers received an email from the St. Joseph City Administrator, Judy Weyrens, in regards to a possible rental violation located at 1206 Cary Court. Officers were requested to do follow up on a renting without a license violation and to find out if the owner of the residence, BRYAN CHARLES BERSCHEID, DOB: 03/16/1974, was living there. On April 28, 2012, I went to the residence and spoke with JEFFREY THOMAS GILL, - - - - - and KRISTINA MARIE GILL, - - - - - - . " - -- • I advised both as to why I was at their residence. Both stated they were renting the property from Berscheid. When asked if Berscheid also lived at the residence, I was advised he did not. I requested a copy of the lease they have with Berscheid. Once I received this, I made a copy and subsequently returned the original to the Gill's. They stated they have been living at the residence for approximately the last five weeks. They stated they send the rent payment to Berscheid, who lives in Dickinson, North Dakota. They also stated Berscheid's father was also a contact for them regarding renting the property. I advised them of the possible rental violation and if they had any questions, they should stop in and speak with Weyrens. On April 30, 2012, I spoke with Berscheid and advised him of the rental violation. Berscheid advised he came back every three to five weeks and stayed at the residence. I advised Berscheid I had spoken with the residents and they advised he does not stay at the residence. After some conversation with Berscheid, he stated he did not want to lose the house to foreclosure and was wondering what he could do to be able to let the Gill's stay in the residence. I advised Berscheid to contact Weyrens regarding the ordinance. Upon further investigation, I was able to determine Berscheid has a North Dakota drivers license, listing his current address as 932 Park Avenue, Dickinson, North Dakota 58601, which was issued on December 20, 2011. OFFICER SIGNAT l ��.i . DATE. t City of f J oscph 25 College Ave • PO Box 668 • St. Joseph MN 56374 (320) 363 -7201 • (320) 363 -0342 fFaxJ March 20, 2012 Bryan Berscheid Administrative Violation # 2012.002 1206 Cary Court Parcel Identification Number #84- 53770 -0096 St. Joseph MN 56374 Dear Mr. Beischeid: Please be advised that the City has been notified of an alleged Ordinance violation at your property located at 1206 Cary Court It is alleged that your property is in violation of the following 2011 St Joseph Code of Ordinances: Section 55.04: LICENSING OF RENTAL UNITS. Subd. 1. Limitation on renal properties. All rental properties located in an R-1 or R-2 Zoning District newly licensed or not covered by a valid Interim Use Permit ( hereinafter "I.U.P") shall be owner occupied as required by items "a" and "b" below. a R-1 Property. Any property which is rented in an R-1 area must be owner occupied and the owners may not exceed two in number. For the purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owners must occupy the property as their principal residence. For purposes of determining ownership, the owner /owners must provide a copy of a recorded deed or recorded conttact for deed. A purchase agreement will not be accepted as evidence of ownership. In such an owner - occupied rental, the moms rented must not contain separate kitchen facilities and the rooms rented may not be intended for use as an independent residence. VIOLATION It has been reported to the City that it appears as you are operating an owner occupied rental unit without the necessary permits and license. CORRECTIVE The City Office must receive a c oinpleted application for Interim Use Permit ACTION REQUIRED or receive verification that you do not have tenants. Please note that the Ordinance does not define rent as a wed monetary amount, it can be trade barter or service. COMPLIANCE DATE March 30, 2012 If compliance has not been achieved by the compliance date you may be issued an administrative citation and the City will use all legal remedies available to resolve the matter. CITY OF ST. JOSEPH Sincerely, • Judy eyrens REAL ESTATE LEASE This Lease Agreement (this "Lease ") is dated March 10, 2012, by and between Bryan Bersheid ( "Landlord "), and Jeffrey Gill and Kristina Gill ( "Tenant "). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant Four bedroom, two bath split level house. (the "Premises ") located at 1206 Cary Court, St. Joseph, Minnesota 56374. No other portion of the building (hereinafter, the Building), wherein the Premises is located is included unless expressly provided for in this Agreement. TERM. The lease term will begin on March 10, 2012 and will terminate on February 28, 2013. MANAGEMENT. The Tenant is hereby notified that Bryan Bersheid is the property manager in charge of the Property. Should the tenant have any issues or concerns the Tenant may contact Bryan Bersheid at612- 202 -5515 or by mailing a letter to 932 Park Ave, Dickinson, North Dakota 58601. LEASE PAYMENTS. Tenant shall pay to Landlord lease payments of $1,200.00, payable in advance on the first day of each month, for a total lease payment of $14,400.00. Lease payments shall be made to Landlord at 932 Park Ave, Dickinson, North Dakota, 58601 which may be changed from time to time by Landlord. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $1,000.00 to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. The balance of the security deposit with interest must be returned to Tenant within 21 days after the termination of this Agreement or the surrender of Premises by Tenant, along with an itemization of any amounts being withheld. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted. USE OF PREMISES /ABSENCES. Tenant shall occupy and use the Premises as a full -time residential dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. No retail, commercial or professional use of the Premises is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant obtain liability insurance for the benefit of Landlord. ® This is a RocketLawyer.corn Legal Document Judy Weyrens To: Judy Weyrens Subject: FW: Interim Use Permit.doc Attachments: Required materials Interim) Use Permit.doc; Interim Use Permit.doc Note to file: Brian called and admitted he was renting. He agreed to submit the paper work to apply for an Interim Use Permit. He called the first time on March 28 but due to the process could not come into compliance by March 30. I told him that if I had the paper work by Monday, April 9 we would not charge him further. Since I did not get the paperwork to him by Monday, I extended the date to April 11 From: Judy Weyrens Sent: Monday, April 09, 2012 11:25 AM To: 'bryberscheid @hotmail.com' Subject: Interim Use Permit.doc Judy Weyrens Administrator City of St. Joseph PO Box 668 St. Joseph MN 56374 (320) 363 -7201 (320) 363 -0342 (Fax) jwevrens @citvofstioseoh.com 1 Mary Generous From: Mary Generous Sent: Thursday, April 19, 2012 1:17 PM To: Mary Generous Subject: Notes to file Berscheid, Bryan 04.16.12 Received affidavit of residency via fax when I arrived at the office. 04.16.12 Phoned Berscheid to verify receipt of affidavit, and inform him that his packet is incomplete as there has been no deed as proof of residency submitted. I clarified the document we were looking for and forwarded a redacted sample via email. I suggested that he contact his title company to have a copy forwarded. 04.17.12 Received deed information via fax at 1:45 PM 04.17.12 Sent notice of hearing for publication 2 PM and called to verity receipt by the Newsleader 04.17.12 Cashed check for public hearing and placed a copy of the check with the submittal materials. s City of St. Joseph 1 320.363.7201 1 mgenerous(Wcitvofstloseph.com 1