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Home My WebLink About[05] Special Use Extension, Ehlert 5 Planning Commission Agenda Item MEETING DATE: July 1, 2013 AGENDA ITEM: Interim Use Permit Extension 29 MN St E, Cory Ehlert SUBMITTED BY: Administration BACKGROUND INFORMATION: In 2010, acting upon a recommendation of the Planning Commission the City Council granted an Interim Use Permit (IUP) to Cory Ehlert to allow a non-owner occupied rental at 29 MN Street E. The IUP was granted for a three year period at which time the Planning Commission would review if the surrounding property is ready for conversion to the underlying zoning, B1, General Business. If the area is not ready for conversion, Ehlert could request one additional three year extension. This extension does not require a formal public hearing, just review and approval from both the Planning Commission and City Council. As with all license renewals, Ordinance infractions for the prior years are reviewed before approval of an extension. In reviewing the property history the following Ordinance Violations have been noted: 1.September 11, 2011 – Ehlert was notified that his rental property was over occupied as he had leases with four individuals. The IUP only allows three unrelated persons as that is the maximum allowed under the Ordinance. Resolution: Ehlert reduced the density by one, bringing the property into compliance. Ehlert was cited with an Administrative Fine for the violation. 2.Fall 2012 – Ehlert was notified that his rental property was over occupied as four tenants identified themselves as tenants for the school year 2012-2013. The IUP only allows three unrelated persons as that is the maximum allowed under the Ordinance. Resolution: Ehlert indicated that he was unaware of the four party living at the residence and reduced the density by one, bringing the property into compliance. ATTACHMENTS: Request for Planning Commission Action Executed Findings of Fact Granting Interim Use Extract of City Council Minutes Granting IUP Extract of Planning Commission Minutes Recommending Approval Extract Ordinance Provisions REQUESTED PLANNING COMMISSION ACTION: A recommendation should be provided to the City Council. This action requires a simple motion. This page intentionally left blank City of St. Joseph IN RE: FINDINGS OF FACT Application of Cory Ehlert AND DECISION Interim Use Permit at 29 East MN Street Rental in 81 Zoning District — Maximum Density as defined by St. Joseph Code of Ordinances 52.04.31.a FINDINGS OF FACT On November 1, 2010 the St. Joseph Planning Commission conducted a public hearing to consider the application of Cory Ehlert for an Interim Use Permit to allow an owner occupied rental unit at 29 Minnesota St E. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission hereby established the following facts as it relates to the request of Cory Ehlert 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. In 2007 the City also amended the B1 and B2 Zoning Districts to allow for rental licenses without the provision of owner occupied as means of transitioning the property. Property in B1 and B2 Zoning Districts that are not ready for conversion to business and were listed for sale had problems closing as if the property was destroyed it could not be re -built as a residential unit. The amendment allows the residential use to continue until a time the surrounding property is converted to business. 4. The provision to allow Interim Use Permit for transitional purposes limits the duration of the Interim Use Permit to three years, renewable for an additional three. If after that time the neighborhood is still not ready for conversion, the Interim Use Permit must be re- applied for with a new public hearing. 5. 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. 6. On October 12, 2010 the City received an application for Interim Use Permit for the property located at 29 Minnesota Street East. The maximum density allowed y Ordinance is three unrelated persons. 4(e):3 7. The property at 29 Minnesota Street East in the past was a licensed rental unit and due to the lapse of license, the property lost the grandfather status allowing a rental with occupancy of 8 unrelated persons. 8. While the property is currently owned by Phoenix Asset Management, LLC, Ehlert has a purchase agreement for the property. In the B1 Zoning District proof of ownership is allows the applicant to use a purchase agreement as proof. 9. Upon review of the application it was determined complete and met the criteria for issuance. 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 52.31 Subd. 13 provide property owners in a B1 General Business Zoning district to seek an Interim Use Permit to allow non -owner occupied rental units until the property is ready for transition to the business use. Said provisions allow the Planning Commission to place a termination date on the Interim Use Permit and required annual review of the same. 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. The Interim Use Permit shall expire when the majority of the property surrounding is redeveloped as commercial or within three years of August 14, 2013 d. If the area surrounding 29 Minnesota Street East is not ready for commercial development, Cory Ehlert may apply for a three year extension which will be subject to items 1 and 2 above. Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the St. Joseph City Council accepts the recommendation of the Planning Commission and issues an Interim use Permit to Cory Ehlert to secure a rental license for 29 Minnesota Street East. Approval is based on the aforementioned conditions. Adopted by the City Council thts /lJ(V day-0 i� , 2010. CITY OF ST. JOSEPH By ��.. I� ,A.612.....6..........„ Al Rassier, Mayor eGs/ Ju eyren , A ministra or 4(e):4 ORDINANCE 52 —ZONING ORDINANCE c) The following activities shall be subject to a 100 foot setback from wetlands: 1. The construction or maintenance of a well used for agricultural irrigation, or any well less than 50 feet in depth. 2. E�ernal storage of materials used in conjunction with industrial or commercial processing or manufacturing. 3. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. Subd. 13: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental unit for a specific period of time. The maximum density for rental units under the interim use permit shall be limited to the density which is allowed in the R-1, Single Family Residential District. b) The interim use as a rental unit shall be obtained through the procedures set forth in St. Joseph Ordinance 52.07, Subd. 4—Interim Use Permit. c) In requesting such an interirn rental use, the landowner agrees to any conditions that the governing body deems appropriate for perrnission of the use and agrees that the use will terminate at the designated date for termination of the interim use. d) Public hearings shall be held as set forth in Ordinance 52.07, Subd. 4. 5231,Subd.13,added 110� 52.31-8 This page intentionally left blank