HomeMy WebLinkAbout[07a] Special Use Permit, Eisenschenk City of St. Joseph
IN RE:
FINDINGS OF FACT
Applicatian af Kelth Eisenschenk AND DEC{SIUN
Special Use Permii at 5(J4 MN St E
Speciat Use Permit to al/ow a non-owner occupied renta!
r
FINt?INGS OF FACT
On luly 1,2013 the St.loseph Planning Commission conducted a pubiic hearing to consider the
application of Keith Eisenschenk for speciai use to ailow a non-owner occupied rental in a R2 Two
Residence Zoning District. The matter was dUly published and notice was provided to p�operty owners
within 350 feet of the above referenced property.
The Planning Commission established the following facts as it relates to the request of Keith
Eisenschenk for a Special Use Pefmit.
1. The property located at 504 MN 5t E is zaned as R2,Two Family Residential and has been
used as a rental property for many years.
2. In 2004 Honer Homes made application to the City to plai the two duplex units they owned,
one af which is 504 MN St E,ta allow the property to be soid as individuai units,allowing for
the conversion of the property from rental to famity fiving. The request was approved and
the property was platted under the name Bennet and Braden Place.
3. Afte�the piatting process was compieted the property continued to be licensed as rentai
units until 2011 at which time th�property became vacant going through a foreclosure
process.
4. Unti12Q11 the property was operating under a grandfather rentat license as when the first
rental ticense was issued, nan-owner occupied rental was a permitted use. Since the rentai
licensed has lapsed for over one year,the p�operty use must be consistent with the Zoning
Dis#rict provisions,in this case R2,
5. In 20q0 the rental regulations we�e modi�ed requiring a special use permit far ali rental
praperty withi�the R2 Zoning District.
6. St.Joseph Code of Ordinances 52.Q7 Subd.3 identifies the process for securing a speciai use
permits and the standards for granting the same. As the property is aiready developed and
the use fo�which is being sought is identical to the use in the past,a detailed site plan
illustrating the location of the house,driveway and landscaping has not been requested.
7. In cansidering a request for Speciai Use,St.laseph Code af Qrdinances 52,07 Subd.3(e)
identifies standards far granting a speciai use permit and include: wiil not be detrimentai to
or endanger pubiic heaith,safety,morais,comfort,or generai welfare of the neighborhood;
wili be harmaniaus ta the neighborhood;will not change the cha�acteristics af the
neighborhood,wiil be adequately served by facilities and services;wiil not create excessive
additianal costs for services;will not invoive activities that involve excessive noise,
p�oduction af traffic,fumes,glare or odors;will not create tra�c cangestian;will have
adequate facilities for off street parking;wili not resuit in the lass or damage of historic
property.
8. Si.Joseph Code af Ordinances 52A7 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.
9. St.loseph Code of Ordinance 52.07 subd.3(hj identifies exampies of canditions whict�
include:traffic management for ing�ess and egress to the praperty;off-street parking;
refuse and service areas;fe�cing and landscaping;signage;open space requirements;
genera)compatibility conditions.
DEqSIC}N AND CONCLUSI�N
Based on the Finding of Fact,the St.loseph Pianning Commission recommended approval of the
Special Use Permit based on the fallowing conclusions:
1. The St.Joseph Code af Ordinance allows non-awne�occupied rental as a use by issuance of
a Special Use Permit.
2. The property owner has completed the required application process,meeting the criteria.
3. Granting of the Speciai Use Permit does not change the characteristics of the neighborhood,
4. The request to rent the property is identical to the past use,
5. Granting of the Special Use Permit does not create traffic congestion.
Based on the foregoing Finding of Fact and Decision and Gonciusion of the St.Joseph Planning
Commission,the request for Speciai Use to allow a non-owne�occupied rental at 504 MN St E is hereby
granted to Keith Eisenuhenk with the foilowi�g contingencies:
1. The property owner wiit comple#e the ticense process within 3Q days of City Council
approval of the Special Use Permit at which time the property shall be in full compliance
with the St.loseph Code of O�dinances,including the maximum density.
2. The praperty owner will manage the p�operty in compiiance with the t.JQ�gBh Cod�of
Ordinances.
Adopted by the City Council this day of 2013.
CITY OF ST.IOSEPH
�Y
Rick Schult2,Mayor
By
ludy Weyrens,Administrator
July 1, 2013
Page 1 of 4
Pursuant to due call and notice thereof, the Planning Commissian for the City of St.Joseph met in regular
session on Monday, July 1, 2013 at 6:30 PM in the St.Joseph City hall openi�g with the Pledge of
Aliegiance.
Members Present: Chair Ross Rieke, Commissione�s Gina Dullinger, Ghad Hausmann, Matt Kiliam,
Gommissioner-Elect Danyl Schaefer. Council L,iaison Rick Schultz. City Administrator Judy Weyrens.
Members Absent: Commissianer Brad Cobb.
Others Present: Mary Czech,Cory Ehlert, Keith Eisenschenk
Aaproval of the Aqgnda: Schultz made a motian to app�ave the agenda with the addition of Oath of
Office as Agenda Item Z.5. Dullinger second�ed. Motion carcied unanimausly.
Darryl Schaefer was swom in as a Planning Cammissianer by taking the Oath of Office as administered
by Weyrens.
Aparoval Qf the Minutes: Schultz made a motion to app�ove the May 13�2013 minutes as presented;
seconded by Hausmann and passed unanimously by thase present.
Public M�rin,�-Saecial�U ,�RermitL Kei#h Eiseg�sct�enk� Chair Rieke called the hearing to order to which
Weyrens stated the purpose of the hearing is to!consider a Special use Permit Use to allow a non-owner
occupied tental at 5a4 MN S#E. The property is IegaNy described as�ot 1 Block 1 Braden and Bennet
Place. St.Joseph Code of Ordinances 52.28 s�lbd.3(nj ident�e$Non-owner axupied reMal as a use
only permitted through the issuance of a special use`permit. The request for special`use has been`
submitted by Keith Eisenschenk, 1447 Wildw�oad Road,St,Cioud.
W�yrens stated that the property in question has been used as a�erftal in the past; however, it was
licensed at a time when unoc�upied rer�fal was�bermitted in the RZ Zoning District and as long as the
license did not lapse far one year,the rental ca.11d cantinue. In ZOpB, the property owners at that time
opted to plat the property as condominiums> asaig�ing separate parcel identif'�cation numbers with the
intent ta sell as single family homes. The property was sold and the new owners at that time opted to
continue the renta!ticense pra:�ss until they let the property go back to th�bank. The property did r�t
secure a�ental license for 2010/2011 therefore t,he grandfather status is forfeited. The property was in
the foneclosure process and the new property owner is requesting authoriry to aperate the`prop�ty as a
non-owner occupied rental. Weyrens s#a#ed tfiat the current R2 Zoning District allaws for non-owne�
occupied rental only through issuance of a special use permit.
Weyrens sta#ed that she received a petitian with 15 signatures representing 9 properties stating objection
to the proposed request. The petition read"We'�the undersigned, arr�objecting to the issuance of a
Special•Use Permit for the proposed renta/propbrtylocated at 504 Minnesata St E. As c/ose ne�hirors
ta this property, we feel this is a family neighborlhood which is most conducive b long term residence with
the pr'�de af ownershlp. We feel that the owner ciccupied renta!praperties are more in tine with keeping
our neighborhoo�ls clean, well-kepf and arderly°.
Commission Members questioned Weyirens as to the difference between an Interim Use Permit and
Special Use Permit. Weyrens stated that an interim is temp4�ary in nature, has a sunset period and can
be revoked;whereas a special use permit is mote difficult as ance iYs issued, it stays with the property.
You can still put condi�tians on it, but it remains with the property. Rieke co►�firmed that the building has
been vacant a�d has lost its status, so Mr. Eisens+chenk requests reinstatement,
Keith Eisenschenk spoke on his behaif and stated that he purchased the western u�it and intends to use
the property for non-student rental. When questioned if he intends to purchase the eastern property he
stated that had uied to but the poRion is still in the foredasure process with a sepa�ate vendar so it was
not available at this time.
July 1, 2013
Page 2 of 4
Schultz ve�if'ied that Eisenschenk resides in St. Ciaud and questioned Weyrens as to the response time
required with a rentat license, Weyrens sta#ed that ihe rental ordinance requires ihat the property owner
or manage must reside within 30 minutes of the property, which Eisenschenk meets.
Hausmann questioned if there's a chance that one side cauld be owner-occupisd and the other rental,to
he responded yes. Hausmann stated that utilizing the property as rental appears to be consistent with
the sunounding land uses as the�e are rivo(2j four-plexes across the st�eet which are non-owner
occupied rental and an addition property to the east of the subject property that is aiso rentai.
Dullinger co�rmed that a non-owner occupied rental is aAowed by ordinance with a special use permit.
Weyrens clarifisd that the rental license limits the number of occupants to three unrelated persons and
required an annual license and inspection. if the property is�ot mar►aged in acxordance with the
Ordinances the City can writhhold a license ar fine the p�operty owner, remedies are availabte.
Schultz quest�ned if the�e is a ba�rier behind the buildings on the South side. Eisenschenk stated that
there is a wood fence and he intends to create a bamer so that the backyard is not used for access or
parking for the unit located at 508 MN St E.
Mary Czech, 511 Abie Street East,app�oached the Commission. She stated that she lives adjaoent to
the property. She's lived there 24 years and they canstruc#ed the wooden fence refeired ta by
Eisenschenk>as the former owner rented to College st+udents and they had coilege stu�ierrts putting kegs
on their praperty,#hrowing contraband ovar the feruae,would dimb over the fence, use#he�bacicyard as
a urinal, tried to s#art the fencs an fire and wandering in their backyard to find a way out. They had#a cali
the patice numerous rega�cling student issues. She would like some da�ification of hcmr the landiord wiH
screen the tenants and who wiA be acxo�ntable for their behav�r. Wha#pmtections a�e there for them in
their neighborhood? They want ta have and be goad�ightmrs.
Eise�schenk stated that doesn't plan ta rent to college students as they Calisge/University has r�sidency
r+equirements. He is worlcing on fixing up the home ar�intsnds to hvid the tenarrts accauntaWe au�d he
o�ly live five(5)minutes if something does happen. He encx�urage the neighbors to contact him dir�ectly if
they have any concerns.
The public hearing was closed at 7:2Q pm.
Weyrens said that since it's a spec.ial use permit,the Baard is required to have Findings of Fact to vet�ify
their decision. The basic Findings of Facts were available, but the Planning Commission has to camplete
the decision and conclusion. W hatever the decision is, it has ta meet the maucimum density a�d can't
exceed it, if appraved. Hausma�n cor�firmed that the rental license comes up for renewat yea�ly, but what
is the pnocess? Weyrens stated that rentai ticenses.are effective from August!5 to August 14 of each
calendar ysar. The City Offices maiis license ir�formation ea�ch may and the landlorcl is�equireci#o
complete an inspection for life/safiety and pay an annua!IiQense fee.
Hausmann stated that he walks by the subject property five to six times per week and it is his opinion that
the proposed use should be granted as it is cansistent with the area. Duilinger c:oncun�ed a�d stated that
the requirement to abide by the maximum number of tenants heips manage the property. Additianatly the
property historically has operated as a rental property so the use is not changing the characteristic of the
neighborhood.
Rieke qusstioned Weyrens if the special use permit wouid be attach�d to the property to which Weyrens
stated yes. The special use permit wiil transfer with the p�operty and be available to new property
owners. As stated above, the Cammission cannot sunset a speciai use or add a�equi�ement that it witl
cease upon transfer of ownership.
Schultz showed concem that iYs subjective, nat objeetive. If there are violations,what path can be
followed to suspension or revocation of the license? Not saying Eisenschenk is of this character, but
Schuttz wants to protect the city and residents in case there are excessive violations so they take care of
July 1, 2013
Page 3 of 4
both sides. !t promotes landiord responsibility as weil as p�ovides the City an opportunity to revoke the
license if necessary, or provide an oppartunity to co�rect the situation of future violatians.
Rieke asked about cunsnt inven#ory-are atl pwner occupied rentals under a special use permit?
Weyrens responded that this one is zoned R2'and may be the anly property with a specia!use permit,
othe�properties in the City are grandfathered and can cantinue untii the use cease for a period of one
year. The City does have a numk�er of owner�occ,upied rentai units operated by issuance of an Interim
use permit and they include provisions limited property transfer.
Schlutz made a motian recommending the City Council accept the Findings of Fact,granting a
Special Use Permit to Keith Eisenschenk allawfng a non-cwner occupied rsntal unit at 504 MN St
E based on the following fa�ts and contingencfes:
FAGT
1. The St.Joseph Code of Ordinance ailows non-owne�r occupied rentai as a use by
iasuance of a Special Uae Permit.
2. Tfie property ownet�has compllted the required appiication process,maeting the
criteria.
3. Granting of the Specla!Use Penmit da►es not change the charaateHstica of the
neighborhoad,
4. The request to reM the p�operty►is identical ta the past use.
5. Granting of the Special Use Pemnit does not create traffic congestion.
CONTINGENCIES
1. The property owner will comp{ete the license process within 30 days of City Counaii
approvai M the Special Uae Per�rnk at which time the property sfiall be in fwll
complfance with tha��Ja�,Code of D�linances�inciuding the manimum density.
2. The property owner wiil man�e the property in compliance with the St Joseotr Coale
of ClydinaRCes.
The motion w�second+ed by Hausmann and passed unanimously by thoae pr�ent.
Extensian of interim Use Pgrmit-Cory Ehiert;29 MN St E� Weyfens stated that in 2010 the Planning
Cammission recommen�ied and the City Council issued an interim Use Permit to Cory Ehiert to allow a
non-awne�axupisd rental in the General Bu�iness disVict without a commer�iat use at 29 MN Sf. E. The
interim Use Pefmit was issued fw a term of three yearsR at which time the Planning Cammission wouid
review the economic dimate to determin+e if the commerciai component would have to be implemerrted in
order to secure a rental license. If the area is not ready far cflmmercial development,the property owner,
Cory Ehlert,could �equest a one-time extension allow for an additionai three years that wouid be
reviewed annually.
Weyrens stated that#he procsss for reviewing'an expiring Interim Use is the same p�ocess used for all
interim Use Rermits that are reviewed annually. Therefore, property violatians have been reviewed and it
was noted that Ehiert charged#or over occupynng the rentai property in 2Q11 and was cited
administratively. Again in 2012 Ehlert was over occupying the home and was not cite,d this time as he did
nat have a lease with the four person and stated he was unaware of the additional person. The property
was braught into campliance.
Cory Ehlert spoke on his own behaif providing a brief history of the property. He stated that he purchased
the hame in 201Q when it was going thraugh the foreclosure process and has c�mpieted signif'iearrt wo�c
to remave the biight and provide quality housing. Prior ta his purchasing the home the property was
licensed for eight, but due to a lapse in the rentai license the grandfathe�status was lost and the
maximum number of tenants is three.
He stated that he worked with the city's building inspector to separate the two floors basically by fire
separation, placing a two-hour fire wall between the comme�cial space on the main floor and residential
July 1,�013
Page 4 of 4
space on the second flaor. Ne rebuiit the secand s#airweii down to the kitchen area. The kitchen area on
the main floar is in the back af the house with a private staircase up to the bedroorns,full bath, and living
room upstairs. The front two-thirds af the building would be commerciai spacs. Mike Dietz did the
conversion of the oid Linneman building, continuing the residential above with#he laundry mai on the
main floor. Ehiert's house at 111 Coilege Avenue follows that mixed-used residential buiiding as weH.
There is not the demand for the commercial space and a lot of commercial space is vacant,so he would
like to use it as a continued residential rental.
Schultz, reminded Ehiert that the Interim Use Permit only allows for a one-time exte�sion and encouraged
him to start thinking about a transitian plan. He questioned Eheirt as to whether or�ot he has begn in
contact with the EDA to assist with finding aammercial opportunities,to which Ehlert state he had not.
Ehelrt stated that he has considered the property as residentiai and he qusstions the need for commercial
affice space. The house is one of the older houses in the community and he has worked to preserve the
woodwork and casings.
Schuitz questioned how many te�ants will be residing in the home if ihe use is eactended. Ehlert stated
that he is aware that the maximum density is thres and he wiii have three students from SJU residing in
the home for the 2013-2014 rental license periai. Schultz questioned if a commerciai opportunity
presented it�eff w�uid the property be available or does he have tong ternn leases, Ehlert responded that
he has twelve months leases, but has some down time in the summer. Eh1ert stated tfiat he is not
opposed to the property having a camme�iai component, but has no#had an oppatunity thus far. When
questioned the size of the commerciai space, Eheirt responded apprpximately 42Q square feet. Rieke
and Dullinger reiterated that the property is intended for commercial with residentiai bei�g the seco�dary
use, not vice versa.
Schultz made a motion recommending the City Council eactend#he tr�te�im Use Permit for 29 MN St
E,allowing the property to aperate as a re�tai unity witfiout the cwmmer�cial c�rnpaneM for an
additfonal thfee yeara,expiNng on August 14�2016. The IMerim Uae permit is not renewable. The
motion was seconded by Hausmann and pasaed unanimausly by those present,
Ordinancs Amendments: Weyrens stated that staff cxmtinues to work on the OMinance amendments,
trying ta identify and coRect Incansistenciss between Ordinances. It is anticipated that the proposed
amendmertits wNl be ready for Rlanning Commissian revievr+in August
Councii Liaison Re�ort: Maycu Schultz reported an livety discussion of khe Joint Tovvnship Cityr Planning
Board Meeting to discuss the Orde�iy Anne�cuation Agreement. The aity anticipated devebpment to occur
an the east/south side of interstate 94,witt�future demand on the opposite side. The current Orderty
Anne�tion Agreement extends to i-94, potentiaily limiting develapment: The Tc�nmship has expfessed
concer�that befwe propert�r outside of the t3A area is cansidered for develapment the property within the
OA should be developed. Additionaily the Township sees an oppartunity to expand their tax base and
dass not want the OA to prohibit their efforts.
Schultz stated that the City and Township Pianning Commission wili be mesting in Joint session on
Tuesday,July 16, 2013 at 7:30 PM to cQntinue the discussion. Ttie discussicm wiil indude: issues
behind the Joint Planning Agreement, Orde�ly Anne�catio�AgFSement, how the process warks,who votes,
who doesn't, and primarily talking about boundaries.
Adioum: Dullinge�made a motion ta adjoum at 7;50;s�conded by Hau�mann and passsd
unanimausty by those present.
Judy Weyrens
Administrator
4
Planning Commission Agenda Item
MEETING DATE: July 1, 2013
AGENDA ITEM: Public Hearing, Special Use Permit
Keith Eisenschenk, 504 MN St E
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
granting Special Use Permit to Keith Eisenschenk allowing a non-owner occupied rental unit at 504 MN
St. E. The maximum density is limited to the definition of a family in St. Joseph Code of Ordinances.
BACKGROUND INFORMATION: The property at 504 Minnesota Street E is a duplex that has a long
history of operating as a rental. In 2004 the property owner at that time had an interest in selling the
property and proceeded with the platting the property creating two separate Parcels in an attempt to
sell the units for family dwelling units. After the platting process the property the property was
purchased for rental and as long as they kept renting the property they did not need to go through a
land use process as the use was grandfathered. The rental license for 2011-2012 was not renewed and
the property went through a foreclosure process. Since the license has lapsed, the new property owner
is required to secure a special use permit to allow the property to operate as a non-owner occupied
rental. The property is zoned R2, Two Family Residence District. A special use permit remains with the
property and does not include a sunset provision and does not need to be renewed each year.
However, the rental license must be renewed each year and the maximum density is limited by the
Ordinance provisions
ATTACHMENTS: Request for Planning Commission Action
Application
Hearing Notice
Draft Findings of Fact
Vicinity Map
Draft Findings of Fact
Ordinance Extract – Definition of Family
Ordinance Extract – R2 Zoning Regulations
REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and
Administrator to execute the Findings of Fact recommending the Council issue a Special Use Permit to
Keith Eisenschenk to operate a non-owner occupied rental unit at 504 MN St E.
This page intentionally left blank
P��LICATION FOR SPECIAL USE PERM�'
City of St.Joseph
25 College Avenue N Fee S
PO Box 668
St.Joseph,MN 56374 Paid
Phone(320)363-7201 or Fax(320)363-0342
Date
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
NAME: ��-�� �;S2(15C�L'f\� PHONE: �a�� y9a -o�ao
ADDRESS: ,��(� �-� � �/V � 1 EMAIL: /'%�e.�,LhCisc�v►S`C�,¢vt�C� l�t�t;(.�wt
I/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.)
1.Application is hereby made for a Special Use Permit[o conduct the following:
� i�v U.I d� Z;�e � �C�✓t-t- �--L.�2. '�6'�'�e�{-� U�.-f- �jC i N� �-h o�- �T`s
�n�� �a ' ;
2.Legal descriprion of land ro be affected by application,including acreage or square footage of land involved,and street address,if any
(attach additional sheet if necessary):
�(�� � f�'�N �1, �, �,i ��/, (��o�lC (�� �3 ra �n I�nc� �.e,�nef T��qc�
�� go��h �N 5637�(
3.Presentzoning of[he above described property is: '� �.
4.Name and address of ihe presenr owner of rhe above described property:
1'�e ��` E t,�+n sc).¢�►K /''�!�/7 l,v j I c� w�o c� jZd-
St. Gl�ud MI� .�5��a3 ,
S.Is the proposed use compatible with the future and present land uses of the area?Please explain:
� Yes (!', No
-t-f�z- Proc�'� �� �s�ed, �,� w�.r�h �5 ce�a�bt� v� F t.-�. +Urn,��� t� �w�a a ;
+� �en�,� �t �a��.
6.Will rhe proposed use deprecia[e the area�„�✓hich it is proposed?Please explain:
('-' Yes ('.'' No
7.Can the proposed use be accomodated with existing Cify service withou[overburdening the system?Please explain:
r' Yes r'' No
8.Are local sireets capable of handling ira�c which is generated by rhe proposed use?Please explain:
�"" Yes r' No
Attached to this application,and made a part thereof,are other material submission data requirements,as indicated.
Applicant Signature: Date:
Property Owner Signature: Date:
FOR OFFICE USE ONLY
Date application submitted: Date application completed:
Planning Commission Action: �" Recommend Approval (—', Recommend Disapproval Date of Action:
City Council Actiorr. � Approved (—; Disapproved Date of Action:
Date Applicant/Property owner notified of City Council Action:
. � CITY OF ST. OS�PH
1
vawva.ciryof stjoseph.com
Public Hearing
City of St.Joseph
The St. Joseph Planning Commission shall conduct a public hearing on Monday, July 1, 2013
at 7:00 PM at the St. Joseph City Hall. The purpose of the hearing is to consider a Special
Administrator use Permit Use to allow a non-owner occupied rental at 504 MN St E. The property is legally
�udy�Ueyrens described as Lot 1 Block 1 Braden and Bennet Place.
St. Joseph Code of Ordinances 52.28 subd. 3(n) identifies Non-owner occupied rental as a
use only permitted through the issuance of a special use permit.
Mayor All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written
R�ck Schultz testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 668, St.
Joseph, MN 56374.
Co�r,��lorS Keith Eisenschenk, 310—9'h Ave S, Cold Spring, MN 56320 has submitted the request for a
Sceve Frank Special Use Permit.
Bob Loso Judy Weyrens
Renee Symanietz Administrator
Dale�Uick
Publish: June 21, 2013
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Note: MN Statute requires mailed notice to all property owners within 30 feet of a variance,
specia/use, interim use or rezoning request
ZS College Avenue North • PO Box 668 • Saint �oseph, Minnesota 56374
Phone 3zo.363.7zoi Fax 3zo.363.o34z
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Keith Eisenschenk AND DECISION
Special Use Permit at 504 MN St E
Special Use Permit to allow a non-owner occupied rental
FINDINGS OF FACT
On July 1, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the
application of Keith Eisenschenk for special use to allow a non-owner occupied rental in a R2 Two
Residence Zoning District. 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 Keith
Eisenschenk for a Special Use Permit.
1.The property located at 504 MN St E is zoned as R2, Two Family Residential and has been
used as a rental property for many years.
2.In 2004 Honer Homes made application to the City to plat the two duplex units they owned,
one of which is 504 MN St E, to allow the property to be sold as individual units, allowing for
the conversion of the property from rental to family living. The request was approved and
the property was platted under the name Bennet and Braden Place.
3.After the platting process was completed the property continued to be licensed as rental
units until 2011 at which time the property became vacant going through a foreclosure
process.
4.Until 2011 the property was operating under a grandfather rental license as when the first
rental license was issued, non-owner occupied rental was a permitted use. Since the rental
licensed has lapsed for over one year, the property use must be consistent with the Zoning
District provisions, in this case R2.
5.In 2000 the rental regulations were modified requiring a special use permit for all rental
property within the R2 Zoning District.
6.St. Joseph Code of Ordinances 52.07 Subd. 3 identifies the process for securing a special use
permits and the standards for granting the same. As the property is already developed and
the use for which is being sought is identical to the use in the past, a detailed site plan
illustrating the location of the house, driveway and landscaping has not been requested.
7.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 loss or damage of historic
property.
8.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.
9.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/denial
of the Special Use Permit with the following conditions:
1.
2.The maximum density for the property shall be that as identified in St. Joseph Code of
Ordinance 52.04 Subd. 31
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 July 1, 2013.
CITY OF ST. JOSEPH
By
Ross Rieke, Chair
By
Judy Weyrens, Administrator
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ORDINANCE 52—ZONING ORDINANCE
Subd. 2]: Dav Care-Home. A family dwelling in which foster care, supervision and
training for children is provided during part of the day with no overnight accommodations and
where children are delivered and removed daily.
Subd. 22: District. A section of the City of St. Joseph for which the regulations
governing the use of buildings and premises, the height of buildings, the size of yards, the
intensity of use are uniform.
Subd. 23: Duplex, tri�plex and quad• A dwelling structure on a single lot having two,
three and four units, respectively, being attached by common walls and each unit equipped with
separate sleeping, cooking, eating, living and sanitation facilities.
Subd. 24: Dwellin�. A building or portion thereof, designed exclusively for a residential
occupancy, including one family, two family and multiple family dwellings but not including
hotels, motels and boarding house.
Subd. 25: Dwellin�;. Attached. A dwelling unit which is joined to another unit or
building at one or more sides by a party wall or walls.
Subd. 26: Dwellin�, Detached. A dwelling unit which is entirely surrounded by open
space on the same lot.
Subd. 27: Dwellin -Multiple. A building used or intended to be used as a dwelling by
three or more families, where each dwelling unit is divided by wall extending the full height of
the ceiling. Each unit is capable of individual use and maintenance without trespassing upon
adjoining properties, and utilities and service facilities are independently serviceable.
Subd. 28: Dwelling,,- Single FarnilX. A dwelling occupied by only one family and so
designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities
for one family only.
Subd. 29: Dwelling - Two Familv. A dwelling so designed and arranged to provide
cooking and kitchen accommodations and sanitary facilities for occupancy by two families.
Subd. 30: Easement. A temporary or permanent grant by a property owner for the use of
a strip or area of land for purposes including but not limited to the constructing and maintaining
of utilities, sanitary sewer, water mains, electric lines, telephone lines, storm sewer or storm
water drainageway, and gas lines.
Subd. 31: Familv.
a) 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 ofthis Ordinance, be considered to constitute one family.
52.04-3
ORDINANCE 52—ZONING ORDINANCE
b) With respect to any property validly licensed as a rental unit pursuant to Section
55.11 of the St. Joseph Code of Ordinances, as of October 15, 1990, the definition
of"family" which existed prior to October 15, 1990, shall continue to apply. This
prior definition had defined "family" as up to five unrelated persons. The
application of this prior definition to existing rental units shall be construed as a
non-conforming use as limited by Section 52.08 ofthe St. Joseph Code of
Ordinances and shall be transferable. A lapse or revocation of the rental license
for any such property shall be considered as a discontinuance of a non-
conforming use and the property will thereinafter be required to conform with the
definition of"family" as set forth in paragraph(a) above.
52.29,Subd.3]amended 3/2004.
Subd. 32: Farm. An area which is used for the growing of the usual farm products, such
as vegetables, fruit, trees, and grain and their storage.
Subd. 33: Farmers Market. Area used for the sale of produce grown by local and
regional producers.
Subd. 34: Flood. A temporary rise in stream flow or stage that results in inundation of
the area adjacent to the channel.
Subd. 35: Floodplain. The channel or beds proper and areas adjoining a watercourse
which have been or hereafter may be covered by a regional flood. Floodplain areas within the
City shall encompass all areas designated as such on the Federal Emergency Management
Agency's Special Flood Hazard Boundary Map.
Subd. 36: Floodwav. The channel of a watercourse, bed of a wetland or lake, and those
portions of the adjoining floodplains reasonably required to carry and discharge a regional flood.
Subd. 37: Floor Area Ratio. The numerical value obtained through dividing the gross
floor area of a building or buildings by the total area of the lot or parcel of land on which such
building or buildings are located.
Subd. 38: Fronta�e. All the property on one side of a street between two intersecting
streets (crossing or terminating) measured along the line of the street, or if the street is dead
ended, then all the property abutting on one side between an intersecting street and the dead end
of the street.
Subd. 39: Garage, Private. An accessory building designed or used for the storage of not
more than three power-driven vehicles owned and used by the occupants of the building to which
it is accessory.
Subd. 40: Garage, Public. Any premises, except those described as a private garage,
used for the storage or care of power driven vehicles or where any such vehicles are equipped for
operation, repaired or kept for remuneration, hire or sale.
52.04-4
ORDINANCE 52 —ZONING ORDINANCE
Section 52.28: R-2 TWO 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 and
two 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, owner occupied(as defined in Section 52.27, Subd. 3(1).
b) Two family dwellings, owner occupied. For the purpose of determining if the
property is owner occupied,the owner must be a natural person, and all the
owners must occupy the property as their principal residence.
c) Public parks and playgrounds.
d) Horticulture, not to include the retail sale of products.
e) Licensed residential group care facility with 1,300 feet between it and a similar
facility and not to exceed six {6)boarders.
fl Licensed day-care facility serving 12 persons or less.
Seclion 52.2R Subd,2 amended 4/p8
Subd. 3: Uses Under S�ecial 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 recreatianal 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) Nursing Homes and Board and Care Homes, provided that adequate parking is
provided and the site is accessible to commercial service areas.
� Pubiic libraries.
52.28-1
ORDINANCE 52—ZONING ORDINANCE
g) Public or private schools, providing, however,that the area and location of any
school and off-street parking heretofore shall be subject to the approval of the
Planning Commission.
h) Churches.
i) Institutions of a religious, eleemosynary or philanthropic nature.
j) Nurseries and greenhouses.
k) Planned unit residential development.
1) Bed and breakfast.
m) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
n) Non-owner occupied rental to a Family as defined by this Ordinance.
o) Manufactured homes as defined by this Ordinance.
p) Manufactured Home Parks, in accordance with Section 52.14.
Subd. 4: Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment.
b) Home Occupations per Section 52.16.
c) Houses and similar buildings for storage of domestic equiprnent and non-
commercial recreational equipment.
d} Swimming pools,tennis courts, and detached screen porch or gazebo, provided
that the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
Ordinance 52.12 Subd. 2.
e) Fences.
� Accessory building(s) and/or private garage(s), either attached or detached, shall
be subject to the following limitations, and the general requirements of Section
52.12, Subd. 1.
1. One or two accessory buildings covering a combined area not greater than 1,350
square feet are permitted.
52.28-2
ORDINANCE 52—ZONING ORDINANCE
2. The combined area of the lot covered by the accessory buildings
authorized in subparagraphs 1. above shall not exceed ten (10)percent of
the total lot size.
3. Accessory buildings of less than 50 square feet shall not be considered
when computing the limitations of subparagraphs 1. and 2. above; but the
combined area of accessory building of less than 50 square feet shall not
exceed a total of 100 square feet;
4. The principal building shall be constructed prior to or at the same time as
any accessory building or structure.
5. Accessory buildings not specifically permitted by this paragraph shall be
prohibited unless authorized by a variance granted pursuant to Ordinance
52.07.02.
Subd. 5: Lot Area Rec�uirements.
a) Minimum area for Two Family Dwelling Unit not served by municipal sewer and
water: 24,000 square feet.
b) Minimum Area far Two Family Dwelling Unit served by municipal sewer and
water: 10,000 square feet.
c) Average width of not less than 75 feet and an average depth of not less than 125
feet.
Subd. 6: Setback Requirements.
a) Front yard setbacks of not less than 30 feet on all public right-of-ways, unless:
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no new building or
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure; or
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
� more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
52.2$-3
ORDINANCE 52—ZONING ORDINANCE
b) Side yard setbacks shall be ten{10) feet from the main structure and five{5)feet
from garage or accessory building. Where the side yard abuts a public right of
way, the side yard setback shall be thirty(30) feet from the main structure and any
garage or accessory structure.
Section 52.28,Subd.Gb,amended 1!07
c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot.
d) No part of the structure including footings, soffits, gutters ar other overhangs shall
encroach on easement areas.
Subd. 7: Hei ng t Re�uirements. No building shall exceed 22 stories or shall it exceed 35
feet in height. Berming the building does not allow a building to be constructed higher than 35
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 8: Site Covera�e.
a) No structure or combination of structures shall occupy more than 30%of the lot
area.
b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
Section 52.28,Subd.8,amended 1/07
Subd. 9: S_�.
a) No sign shall be placed closer than ten feet (10')to any property line, except
directional signs which have a zero foot(0') setback.
1. No sign shall be placed in any interior side yard
2. No sign shall be mounted on the roof of a building.
3. No signs shall violate the front, side or rear yard requirements.
4. Signs shall not be placed in the public right-of-way or easements.
5. Flashing or rotating signs resembling emergency vehicles shall not be
permitted.
6. Illuminated signs are not allowed.
b) One unlighted sign per vehicle entrance identifying a dwelling unit complex.
Such signs may indicate the name and address of the building and rental or
management offices.
52.28-4
ORDINANCE 52 —ZONING ORDINANCE
1. Such signs shall have a surface area of all faces not exceeding an
aggregate of fifty (50) sc�uare feet.
2. The height of the sign shall not exceeding eight feet (8')
3. Landscaping must be provided around the base of the sign.
4. The entrance to a development shall be one that abuts a collector or
arterial road.
c) One area identification sign for each multiple-residential complex consisting of
three (3)or more structures.
1. Such signs shall have a surface area not exceeding fifty(50) square feet
per sign face with an aggregate area not to exceed one hundred (100)
square feet if double faced.
2. The height of the sign shall not exceed eight feet (8').
3. Landscaping must be provided around the base of the sign.
4. Sign content shall be solely for displaying the name of the apartment
complex.
d) Wall Si�n. One wall sign shall be allowed for the purpose of street identification.
Such sign cannot exceed twelve (12) square feet.
e) Sign Removal. All signs not maintained and kept in good repair or in non
compliance of the St. Joseph Code of Ordinances shall be subject to removal upon
direction of the City Building Inspector.
Subd. 10: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of a certificate of occupancy, be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
shall be maintained consistent with prevailing cornmunity standards. Motor vehicles may not be
le8 parked or unattended on or within a yard. Grass shall be maintained so not to exceed a
height of 6 inches.
Subd. 1 l. Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
Subd. 12: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For purposes of this paragraph, pump houses,
52.28-5
ORDINANCE 52—ZONING ORDiNANCE
moveable storage sheds, recreational docks and storm water or erosion control
devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands: The
construction or maintenance of paved driveways or areas designed for the parking
of a vehicle or trailer.
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 inigation,
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.
52.28-6
ORDINANCE 52—ZOIVING 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 A�plications. 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 e�ension has been approved by the City Council.
Subd. 3: �ecial 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 AdministratorlClerk. 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 contro] 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.
L 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 AdministratorlClerk 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 ta 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 Councit 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. Wil] 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:
� 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