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HomeMy WebLinkAbout[07a] Interim Use Permit, Silvers (07a) Council Agenda Item MEETING DATE: November 21, 2013 AGENDA ITEM: Interim Use Permit, Adam Silvers SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on November 7 2013 and recommend the Council issue an interim use permit for Adam Silvers, 321 Jasmine Lane to allow an owner occupied rental. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The property is currently over occupied and the property owner has agreed to reduce the density to the maximum allowed by Ordinance. See Planning Commission material ATTACHMENTS: Request for Council Action Planning Commission Material Findings of Fact REQUESTED COUNCIL ACTION: Accept or reject the recommendation of the Planning Commission, authorizing execution of the Findings of Fact. This page intentionally left blank Planning Commission – Extract of Minutes Interim Use Permit – Adam Silvers Public Hearing, Interim Use Permit: Chair Rieke opened the public hearing to which Weyrens stated the purpose of the public hearing is to consider granting an interim use permit to allow an owner occupied rental at 321 Jasmine Lane E. 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 not contain separate kitchen facilities and is not intended for use as independent residence. The owners may not exceed two in number and a copy of a recorded deed or recorded contract for deed must be provided. The interim use permit request was submitted by Adam Silvers. Adam Silvers spoke on his own behalf and stated that he recently purchased a home in the City and the others living with him were helping him make payments. Weyrens asked how many were residing at the house to which Silvers responded 5 including himself. Weyrens stated that she written testimony that was signed concerned residents on Jasmine, which expressed concern about the number of people entering and exiting the household and whether or not underage drinking was occurring. Al Nowachek, 503 Jasmine Lane spoke in support of the Interim Use Permit. He stated that he came to the hearing as a character reference for the men living at 321 Jasmine Lane. He stated that he has known most of the men since they were little and he knows the type of people they are. He went on to say that they are living there to help reduce the cost of their education as if they lived on campus they would be paying approximately $ 800/mo. Living off campus allow them to reduce their housing cost to approximately $ 250.mo. Nowachek stated he gave the men permission to park in his driveway in the event they need overnight parking or additional spaces. He is concerned that the letter from the concerned citizens on Jasmine Lane is a bit of a double standard, as they have people over and cars parked on the street as well. As no one else wished to speak, Rieke closed the hearing at 7:10 PM. Schultz questioned if the letter received was signed or if there is any idea how many residents share that concerns expressed. Weyrens stated there are no signatures as the letter was closed concerned residents of Jasmine Lane. Rieke stated that the concerns stated in the letter can be address through enforcement and that interim use permits are renewed each year. Weyrens stated that the property is limited to a maximum density of 3 three unrelated persons and based on the information provided by Silvers, the current density is five. Therefore, the density will have to be reduced and the Planning Commission should consider a time frame for compliance. Rieke responded that since this is current violation he did not feel it was appropriate to discuss enforcement matters; rather they should be handled administratively. Schultz made a motion authorizing the Planning Commission Chair and Administrator to execute the Findings of Fact, recommending issuance of an interim use permit to Adam Silvers, 321 Jasmine Lane E with the following contingencies: a. The property owner will reduce the number of tenants to two, no later than December 31, 2013. b. 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. c. The property owner will manage the property in compliance with the St. Joseph Code of Ordinances. d. The permit shall be reviewed annually with notification in the St. Joseph Newsleader allowing for input from the neighborhood. e. The Interim Use Permit shall expire upon transfer of property. Discussion: Weyrens stated that the interim uses are reviewed every August for compliance. If there are no violations, then it is renewed by administration. If there are violations, then the permit will be brought to the Planning Commission again. Motion to recommend approval was seconded by Hausmann and passed unanimously by those present. City of St. Joseph IN RE: FINDINGS OF FACT Application of Adam Silvers AND DECISION Interim Use Permit at 321 Jasmine Lane 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. 5.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: a.The property owner will reduce the number of tenants to two, no later than December 31, 2013. b.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. c.The property owner will manage the property in compliance with the St. Joseph Code of Ordinances. d.The permit shall be reviewed annually with notification in the St. Joseph Newsleader allowing for input from the neighborhood. e.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 City Council hereby grants an interim use permit to Adam Silvers, 321 Jasmine Lane E to allow a rental license for an owner occupied rental unit. Passed by Resolution of the St. Joseph City Council on November 21, 2013. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Judy Weyrens, Administrator