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HomeMy WebLinkAbout[05] Public hearing, Interim UseCITY OF XT. JOSEPH Planning Commission Agenda Item 5 MEETING DATE: November 4, 2013 AGENDA ITEM: Public Hearing, Interim Use Permit Adam Silvers, 321 Jasmin Lane E SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Adam Silver allowing an owner occupied rental unit at 321 Jasmin Lane E with a maximum density of two tenants. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The City Office was made aware of a potential rental unit at 321 Jasmine Lane and sent a compliance order on September 21 to the property owner, Adam Silvers. After he received the notice he contacted the City Office and made application for an interim use permit. ATTACHMENTS: Request for Planning Commission Action Hearing Notice Compliance Order Findings of Fact Application Form Affidavit of Residency 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 Adam Silvers to operate an owner occupied rental unit at 321 Jasmin Lane E. This page intentionally left blank www.cityofst oseph.com CITY Of ST. JOSEPH Public Hearing City of St. Joseph Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, November 4, Judy Wgyrens 2013 at 7:00 PM. The purpose of the hearing is to consider an Interim Use permit to allow an owner occupied rental at 321 Jasmine Lane. The property is legally described as Lot004 Block 001, Northland Plat Eight. Mayor St. Joseph Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows: Rick Schultz Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent Councilors 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 Steve Frank owners may not exceed two in number. For purposes of determining ownership, the Bob Loso owner /owners must provide a copy of a recorded deed or recorded contract for deed. A Renee Symanietz Purchase agreement will not be accepted as evidence of ownership. Dale Wick Adam Silvers, 321 Jasmine Lane, St. Joseph, MN 56374 has submitted the request for Interim Use. Judy Weyrens Administrator Publish: October 21, 2013. 25 College Avenue North • PO Box 668 • Saint Joseph, Minnesota 56374 P h o n e 320.363.7201 Fa x 320.363.0342 THIS PAGE INTENTIONALLY LEFT BLANK 1 to rw,,+ 2013-0149 Adam Silvers a job — 321 Jasmine Lane St Joseph MN 56374 Dear Aft. Silvers: 10 kv ra"O� -rV S-d- 1.4p ct,0 �crouy� 5 Collbge Ave • PO Box 668 • St Joseph UN 56374 ,3201 383-7201 a f320) 3634342 (Earl Admhddrat ive Violation: 2013-0149 Panel Idenditeden Number: 34.53734.0003 Please be advised that the City has been notified of an alleged Ordinance violation at your property located at 321 Jasmine lane. his 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 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 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. Section 52.27: Rl SINGLE FAMILY RESIDENCE DISTRICT Subd. 5 (b) Residential Rental provided the property owner is relocating and the dwelling has been actively for sale on the market for at least three months. For purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owner (s) occupy the property as their principal residence and have for at least two years. The owners may not exceed two in number. For purpose 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. For the purpose of determining applicability, the property owner must provide a copy of the current listing agreement, with a licensed realtor, showing the property, is currently being marketed In addition, G&'V11eC( 9% / 4/ / 5 d a f- 4 G--e l�� P'4�4 VIOLATION CORRECTIVE ACTION REQUHUM COMPLIANCE DATE It has been repmrted to the City that it appears as you are operating an owner occupied rental unit without the necessary permits and license. The City Office must receive a completed application for Interim Use Permit or receive verification that you do not have tenants Please note that the Ordbunce does not Beene rem as a esed monetary ammus ; it can be trade barber or service . 10/78013 If compliance has not been achieved by the oompliance date you may be issued an admmist ative chaticm and the City will use all legal remedies available to resolve the matter. MY OF ST. JOSEPH Sincerely, Judy Weyrces Admiinishator City of St. Joseph IN RE: Application of Adam Silvers Interim Use Permit at 321 Jasmine Lane FINDINGS OF FACT AND DECISION Owner Occupied Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5 FINDINGS OF FACT On November 4, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the application of Adam Silvers for an Interim Use Permit to allow an owner occupied rental unit at 321 Jasmine Lane. 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 Adam Silvers 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 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. S. On September 21, 2013, upon receiving a notice of violation from the City, Adam Silvers contacted the City by phone. Silvers picked up the application for the Interim Use Permit on September 24, 2013 and admitted there were other residents living at his home. 6. On October 15, 2013 Adam Silvers submitted an application for Interim Use to allow an owner occupied rental unit at 321 Jasmine Lane. 7. 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. 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: 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 permit shall be reviewed annually with notification in the St. Joseph Newsleader allowing for input from the neighborhood. 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 is forwarded to the City Council as a recommendation for approval. Passed by Resolution of the St. Joseph Planning Commission on November 4, 2013. CITY OF ST. JOSEPH By By Ross Rieke, Chair Judy Weyrens, Administrator Application received by 11 0 %,vw cayofshoscrh.com APPLICATION FOR INTERIM USE PERMIT CITY OF ST. JOSEPH ® Application for Interim Use Permit for Owner Occupied Rental ❑ Application for Interim Use Permit for Non Owner Occupied Rental on According to Ordinance No. Section 05•6yof the St. Joseph Code of Ordinances APPLICANT INFORMATION: Name(s): Na wyn 'S kkk ev'S Address, City, State, and Zip Code: ?V;L% An4yni;n$ Lane S't • Je§: p t Mu S437-4 Phone Number(s): (AaL0-) arses a►aQy E -mail Address: PROPERTY OWNER INFORMATION: Name(s): R64 v\ S► IVer'S Address, City, State, and Zip Code: ga t Aat vn i v%A L&ng, S+ M N 663'7q Phone Number(s): E-mail Address: Street Address of Subject Property lax -Acasw i IM Lay,- .• Total Area (Acres or Square Feet) of Subject Property `2x 71 xlte4 syFt I+oyse �' Applicants Interest in Subject Property: © F iVe Owner (attach evidence) ❑ Other, specify below 1. Complete Legal Description of Subject Property 5 u►bdiv►5i Qn Igm"Ie. 1J0R-fl1l.AM 'aLAT MrGt{-r L0* 004 Btock 001 swbd;v1s -10A CA 8g0'79 Sec.-rlon d3 Twrzu,p IN P.Q"gt 629 2. State exactly what will be done on the property If the Interim Use Permit is granted 0 w her- ca:u p` e h r-eni-a( 3. Explain why you are requesting to use the property as described above: Td h e't p �► G�eusc �Oa yn+�+ 3 , �� h�.lp I HEREBY CERTIFY THAT I HAVE READ, EXAMINED, AND UNDERSTAND THIS APPLICATION AND THAT THE INFORMATION SUBMITTED HEREIN AND ATTACHED HERETO IS TRUE, ACCURATE, AND CORRECTLY STATES MY INTENTIONS. Applicant Signature(s) 40, " - Date /0.3- l3 Applicants Printed Name A Ain m ',C�►IV&'S Property Owner Signature ^�-_ Date lb-3— c Property Owner Printed Name � Vrn S -b IyerS STAFF USE ONLY: Application Fee Received by a Date Notified of Completeness Publication Date &C4 • ;Z S ;L .4 r 3 Planning Commission Action Approval City Council Action Approval 6-40��o3y _ Date Received Date of Hearing Denied Date of Action Denied Date of Action aTYOFST. JOSEPH 25 College Avenue North, SG Joseph MN 56374 (320) 363 -7201 AFFIDAVIT OF RESIDENCY Applicant Name a.daVYL Sit V&S Address 331 1 & . �3? Number of Tenants Zoning O R1, Single Family (' 61, Central Business (" B2, Highway Business Ownership Copy of deed showing Requirement Requirement �— 50 % 100% interest must be attached fulfilled j— Yes r No r N/a I, AA S. IWV'!S , being of legal age, do hereby by attest and affirm the following: i. My primary residence is 30= we e. 5f,.- 3 a, and that 1 am the owner of record of the same. 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. 1 make this Affidavit for no improper purpose. 4. 1 understand that deliberate falsification and /or omission pertaining to this affidavit will In result in revocation of the Interim Use Permit and the city will pursue civil and /or legal action. Signature Date State of MN County of Steams On this L/ day of �-5 r 20j!�, before me D.�I ��SGi lD P V "Q �� , a notary public, personally appeared 2 proved on the basis of satisfactory evidence to be the person(s) whose name (s) Is (are) subscribed to this instrument, and acknowledged (he/she/they) exectuted the same. Witness my hand and official seal. Notary Signature rt.. 7A►: _ IT i THIS PAGE INTENTIONALLY LEFT BLANK Dear Administrator of St Joseph, This letter is regarding the meeting with the St Joseph Planning Commission Public Hearing Nov 4, 2013 regarding Adam Silvers at 321 Jasmine Lane St Joseph, allowing an Interim Use Permit. We have concerns if this Interim Permit would be allowed. The number one concern is; the amount of people that come in, and go out of the house as well -the non - residents parking on the street overnight, cluttering our street. From our understanding, there are many people who spend time there, and are of under -age drinking age. We strongly disagree that this would be allowed. St Joseph recently changed the restrictions of no rental units within the City limits. We would strongly recommend that St Joseph keep rental units out of our residential neighborhood. Sincerely, Concerned Residents of Jasmine Lane RECEIVI��,: NOV 0 4 2013 CITY OF ST. ,y,,,6E PH