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HomeMy WebLinkAbout[04] Traut Interim Use Permit ,,- • CrrY OF ST. J(xSNPH Planning Commission Agenda Item 4 • MEETING DATE: July 2, 2012 AGENDA ITEM: Public Hearing, Interim Use Permit Brian Traut, 329 — 4th Avenue SE SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Brian Traut allowing an owner occupied rental unit at 329 — 4th Ave SE Avenue NE with a maximum density of two tenants. PREVIOUS PLANNING COMMISSION ACTION: Brian Traut initially applied for an Interim Use Permit in 2010 which was approved. In 2011 he failed to renew his license after numerous attempts by the City Office to contact him. BACKGROUND INFORMATION: Shortly after the Interim Use Permits were renewed, Traut come to the City Office to inquire about renewing his permit. Since over two months had passed he was informed he would need to start the process over again and his permit was terminated in accordance with the letter that was sent. Traut never completed the paperwork so a compliance order was sent. When he did not respond to the compliance order the police followed up and determined that he did have others residing at the residence. He was informed that he needed to complete the process ATTACHMENTS: Hearing Notice Compliance Order Findings of Fact Application Form Affidavit of Residency Proof of Ownership REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and Administrator to execute the Findings of Fact recommending the Council issue an Interim Use Permit to Brian Traut to operate an owner occupied rental unit at 329 - 4 th Ave SE. This page intentionally left blank • \ CITY OF ST. J OSFPH wWu.cityof stjoseph.com Public Hearing City of St. Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, July 2, 2012 at 7:00 PM at the St. Joseph City Hall. The purpose of the hearing is to consider an Interim Administrator Use permit to allow an owner occupied rental at 329 — 4 Ave SE. The property is legally (udy Weytens described as Lot 4, Block 2, Graceview Estates. St. Joseph Code of Ordinances 52.27 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 M not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be Rick Schultz 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 ownerlowners 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 Lose) 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. Brian Traut, 329 — 4 Ave SE, St. Joseph, MN 56374 has submitted the request for an Interim Use Permit. - -235 l - Judy Weyrens Administrator t 4 rm, 10 Note: Note: MN Statutes require mailed notice �es� ; io Kwt to all property owners within 350 feet of 31 .! a variance, special/interim use, rezoning and platting. • is College Avenue North • PO B ox 668 • Saint Joseph, Mi nnesota 56374 Phone 3zo.363.7zot Fax 320.363.0341 City of Saint Joseph 25 College Ave • PO Box 668 • St. Joseph MN 56374 (320) 363 -7201 • (320) 363 -0342 (Fax) March 20, 2012 Brian Traut Administrative Violation # 2012-003 329 —4' Ave SE Parcel Identification Number #84 -53533 -0011 St. Joseph MN 56374 Dear Mr. Traut: Please be advised that the City has been notified of an alleged Ordinance violation at your property located at 329 — 4 Ave SE. 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 rental 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 requited 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 contract for deed. A purchase agreement will not be accepted as evidence of ownership. In such an owner - occupied rental, the rooms 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 completed 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 fixed 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, • Weyrens • .1 '1 's rata City of St. Joseph IN RE: FINDINGS OF FACT Application of Brian Traut AND DECISION Interim Use Permit at 329 — 4` Avenue SE Owner Occupied Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5 FINDINGS OF FACT On July 2, 2012 the St. Joseph Planning Commission conducted a public hearing to consider the application of Brian Traut for an Interim Use Permit to allow an owner occupied rental unit at 329 — 4` Avenue SE. 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'Brian Traut for an Interim Use Permit to secure a rental license. 1. In response to citizen concern in 2000, the City reviewed the Zoning Ordinance as it relates to rental property and zoning classifications. The purpose of the review was to find a manner in which to effectively blend housing types within the R1 Zoning District. As a result of the review the City adopted an amendment to Ordinance 52.27 allowing rental units in the R1 Zoning District only if the property owner resides at the property. The Ordinance was adopted by the City Council on September 21, 2000. 2. In 2007 the City again reviewed the rental provisions in the Single Family residential zoning district. While the Ordinance was amended in 2000, the blending of rental and owner occupied property appeared to need re- defining. On September 20, 2007 the City Council imposed a moratorium on rental housing for 90 days to give the Planning Commission an opportunity to review the owner occupied provision in the R1 Single Family Zoning District. 3. On February 21, 2008 the City Council accepted the recommendation of the Planning Commission amending the provisions in section 52.27 of the St. Joseph Code of Ordinances. The amendment restricted the number of owners for the purpose of owner occupied rental and included language that all owners must reside at the property as their principal residence. 4. St. Joseph Ordinance 52.04.31.a defines a family as A family is any number of persons living together in a room or rooms comprised of a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides therein as though a member of the family. Any group of three persons not so related but inhabiting a single house shall, for the purposes of this Ordinance, be considered to constitute one family. 5. On January 11, 2006 the City issued a compliance order to Brian and Sarah Traut, 329 — 4th Avenue SE for operating a rental property without a permit. The Compliance order was issued based on information from the St. Joseph Police Department. 6. On January 15, 2006 the City received a letter from Brian and Sarah Traut that they were not renting and the additional cars were from significant others. 7. The St. Joseph Police Department responded to a party call on March 212010 in which a number of minors were cited and it was determined that the property owner was renting without a license. 8. Traut was issued a citation for renting without a license, pleading guilty. He was advised that if he intended to rent any portion of his home he would first need to secure a rental license. 9. On August 23, 2010 Brian Traut submitted an application for Interim Use to allow an owner occupied rental unit at 329 — 4 Avenue SE. 10. Upon review of the application it was determined complete and met the following criteria: a) he is the sole owner of said property providing proof thereof; b) the dwelling unit does not have a separate kitchen facility. 11. On September 16, 2010 the City Council approved the request for interim use with the condition that it is renewed annually. 12. In June 2011 Traut was sent notification that the Interim Use Permit was set to expire on August 14, 2011 unless the renewal application and fee was submitted prior to the expiration. 13. Traut did not return the application and in September 2010 final notice was sent notifying him that his interim use permit had expired and he did not have a valid rental license. 14. On March 20, 2012 Traut was mailed a compliance order alleging that he was operating a rental license without a valid interim use permit and rental license and that he need to bring his property into compliance. 15. Upon investigation by the St. Joseph Police Department, it was verified that the property owner was providing living facilities for more than himself requiring and interim use permit and rental license. DECISION AND CONCLUSION Based on the Finding of Fact, the St. Joseph Planning Commission recommends approval of the Interim Use Permit with the following conditions: 1. St. Joseph Code of Ordinances 52.27 Subd. 5 provide property owners in a R1 Single Family Zoning district to seek an Interim Use Permit to allow tenants to help defray costs. Said provision requires all owners of the property to reside at the house and limits the number of tenants to three unrelated persons as defined in Ordinance 52.04.31.1. 2. Granting of an Interim Use Permit is a privilege that is granted by the City and reviewed annually for Ordinance Compliance and are therefore issued with contingencies. The Interim Use is being recommended with the following conditions: a. The property owner will complete the license process with 30 days of Council approval of the Interim Use Permit at which time the property shall be in full compliance with the St. Joseph Code of Ordinances, including the maximum density. b. The property owner will manage the property in compliance with the St. Joseph Code of Ordinances. c. It is the responsibility of the property owner to renew the Interim Use Permit and rental license annually, no later than August 14 of each calendar year. If the permit is not renewed, it becomes null and void. d. The Interim Use Permit shall expire upon transfer of property. Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the request for Interim Use for Brian Traut to license an owner occupied rental is forwarded to the City Council as a recommendation for approval. Passed by Resolution of the St. Joseph Planning Commission on July 2, 2012. CITY OF ST. JOSEPH By Kathleen Kalinowski, Chair By Judy Weyrens, Administrator ST. JOSEPH POLICE DEPARTMENT Follow -Up Report • • ICR NUMBER: 12800969 OFFENSE/INCIDENT: Rent W/O Permit LOCATION OF OCCURRENCE: 329 4 Ave SE REPORTING OFFICER: Peter E. Jansky, Chief • • I received a request from City Administrator Judy Weyrens to follow up on a possible ordinance violation at 329 4 Ave SE in the City of St. Joseph. The possible violation was renting without a permit and the owner was a BRIAN ADAM TRAUT DOB On 05/30/2012 PO Meyer of the St. Joseph Police Department stopped at the residence. Meyer spoke to a female subject who stated that she was living at 329 4' Ave SE with another male and Brian. Meyer also spoke to Traut who stated that he had two others living there off and on. Meyer requested Traut to contact me in regards to this matter. I received a call from Brian Traut on 05/30/2012. Traut stated that the female lives with him because she has no funds. The male stays with him off and on or approx. 20% of the time. Traut stated that he does not receive and money. Traut also stated that the female has no money pay him and he lets her stay at his residence for that reason. The male stays there as it is closer for him to go to work than to drive from his folk's residence. After some discussion I advised Traut that he needed to contact Weyrens before the close of business today or I would issue a citation. I explained that to fix this situation he needed to get a conditional use permit and that Weyrens could help him with this. OFFICER SIGNA URE: i DATE: �!/ /Z-