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Home My WebLink About[07a] Interim Use Permit, Bryan Berscheid CITY OF8T.JOSEPH Council Agenda Item 7(a) MEETING DATE: May 17, 2012 AGENDA ITEM: Interim Use Permit: Bryan Berscheid 1206 Cary Court SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on May 7, to consider the request of Bryan Berscheid to secure an Interim Use Permit for an owner occupied rental. The Planning Commission tabled action on the matter until June 4, in the event that the Mayor's Ad Hoc committee had a recommendation on the R1 Ordinance that would impact the decision. The Planning Commission discussed the impact of making a decision that involves two families if the Ordinance changes that would accommodate the current situation. 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 City Council Action Hearing Notice Affidavit of Residency Police Report Staff Reports Copy of front page of lease Email correspondence REQUESTED COUNCIL ACTION: The Council can either accept the recommendation of the Planning Commission or act on the matter. crrx OF sT.uxssnr 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. • II „, . , CITY OF ST. JOSEPH vvw. cityofstjoseph. com Public Hearing City of St. Joseph The SL 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 1208 Cary Court. The property is Judy V(/ey,ens legally described as Lot 8, Block 2, Pond View Ridge Four. St• Joseph Code of Ord 52 27 subd 5 allows for an interim Use Psrmk as fokows: Residential rental provided the unl is owner occupied and provided the room(s) rented does Mayor not contain separate kitchen facades and is not intended for use as an independent Rick Schukz 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 kt 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 Bonk purchase agreement will not be accepted as evidence of ownership. Bob Loso Ail persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written Rena Symenietz testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 988, SL Dale Vick Joseph, MN 58374. Bryan Berscheid, 1208 Cary Court, St. Joseph, MN 58374 has submitted the request for an Interim Use Permk. r Judy Wow Administrator Publish: April 20, 2012 riiei iiii 77" Irk — . - - ': ‘ .im. . +f i r s • Ms C00% .1,1: . rill 1......__J—: . tok . . L s & 0 1206 .. Cary COUrt •— ON 1311 tar fns any f1fr� fMr E me an f3f3 fair f3fi 90 tiro Ha I 41r fan an fan qf3 fan tag 1113 I 1q - -i % MW r ` 7>. • 1f College Avenue North • PO Box 668 • Saint loseph. Minnesota 66374 Phone 32.o.363.72.ot Fax 32.0.363.0342. APPLICATION FOR INTERIM USE PERMIT CITY OF ST. JOSEPH 25 College Avenue NW Paid . P. O. Box 668 St. Jose MN 56374 • (320)363 -7201 or Fax (320)363 -0342 " STATE OF MI4NESOTA ) COUNTY OF STEARNA) wwe t y.0%- C. (� S.r�y.�,, PROM LAQ-42eo-ssiss ADDRESS: _ 1120kw C cuti C r...14 'S � - Th y vidical$nid, hae" .w.rh aalowlro+Ipowonbw. aqua. gar. idPiraYpoomnlNtonaw .cpatecamp,Siin Coot, Par . {Applo n%hewsM atede w d NOW, caw= periiino bMUoOpforbnan0Mpll WWI MO k 1. Application Is hereby ads b kWh Use Predi io conduct the Waft _ q% a&k r. �1 _.r.. • 2. Lapel detbription attend b be 'Wed by eppl bile% tadudlnp or quilielcgiounand hvoMd, end address, pony(attach addbonel sheet p neoeeilry�: �.d�3� .1 1i.e- R..Z es. 3 Presentaordnp of Ne above described property b: • • 4. Nerve and address ante present ~tithe Mow described properly C 9 ka1rsis +t 4 • & Is the ropaed up ocrerpedble with present endears laid wee of tee wee? Please explain: N. MI fn use depredele tbeaiee h which N to poposed? Platy explain: • i.%3 V use be acxn nodeled with existing City samba without ouerbu dens g be spin? : J�.� co —or Mot i.. „�,., tip„ & Are bcel etre�e capabb a r, whldt le by !a proposed use? Please errplele: _3!L • a9tird LEO6EBi• T OL NOSN I CIO I0 NUGHC WU80: t OOOZ ZO inC Attadiod to this application and made a part thereof ars other material submission data mquksm.nts, as indicated. Applicant Stouter.: C c...,, Dais: — 10 — Owner 8lgrebnre: C ... .� C.. - — ~`'� oats; y - FOR OFFICE JOE ONLY DATE SUMWaTTED DATE SOAVE: DM of PUOUC Home PUeUCATnON DATE Planning COMMISSION Dad Aaloac Propngr Owner WNW o1 Planning Commies on Adam Dsro AppNsuW City Council Mon: Approved daappnived Did Adorn DMsAppkonVP opab Own.rnodlied of City Cound Moro • • • a sled GZ06EB4TOL WOSWIN3IQ Wri3HC WdaO =t OOOZ ZO Int Judy Weyrens From: Judy Weyrens Sent: Wednesday, May 09, 2012 12:39 PM To: bryberscheid @hotmail.com Subject: Interim Use Permit application Good Afternoon Bryan - As you may be aware, the Planning Commission is a recommending and advisory board that service at the will of the City Council. Therefore, any action by the Commission is referred to the City Council as a recommendation. With that being said, the City Council will be consider the recommendation of the Commission to table action on your request for Interim Use. The agenda time has not yet been set, but I will forward the agenda when more information is available. If you have any questions please feel free to contact me. Judy Weyrens Administrator City of St. Joseph PO Box 668 St. Joseph MN 56374 (320) 363 -7201 (320) 363 -0342 (Fax) iwevrensacitvofstioseph.com 1