HomeMy WebLinkAbout[05] Schmitz Hearing
5
Council Agenda Item
MEETING DATE:
December 2, 2013
AGENDA ITEM:
Interim Use Permit – Joseph & Katie Schmitz
SUBMITTED BY:
Administration
PREVIOUS PLANNING COMMISSION ACTION:
In February 2013 the Planning Commission
conducted a public hearing to consider an amendment to the R1 Zoning District adding a provision for
property owners to secure a rental license for non-owner occupied if they have been trying to sell their
home without success. The provision required the property owner reside at the residence for at least two
years and have proof of their home being on the market. If the criteria was met, the property owner could
request an Interim Use Permit for one year, with a one year extension if requested. However, at the end
of two years the IUP would expire.
The Council subsequently accepted the recommendation of the Planning Commission and the Ordinance
became effective March 1, 2013.
BACKGROUND INFORMATION:
Joseph and Katie Schmitz have submitted an application to
secure an IUP to allow for a non owner occupied rental unit at 803 Morningside Loop. The application
included all the required documents to meet the criteria stated in the Ordinance.
ATTACHMENTS:
Request for Planning Commission Action
Hearing Notice
Application
Draft Findings
Email from concerned resident
REQUESTED PLANNING COMMISSION ACTION:
Forward a recommendation denying or
approving the Interim Use Permit.
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Public Hearing
City of St. Joseph
The St. Joseph Planning Commission shall conduct a public hearing on Monday,
Administrator
December 2, 2013 at 7:00 PM. The purpose of the hearing is to consider an Interim
Judy Weyrens
use permit to allow a non-owner occupied rental at 803 Morningside Loop. The
Mayor
property is legally described as Lot 17, Block 1, Morningside Acres Second Addition.
Rick Schultz
St. JosephCode of Ordinances 52.27 Subd.5(b) allows for an Interim Use Permit as
Councilors
follows: Residential Rental provided the property owner is relocating and the
Steve Frank
dwelling has been actively for sale andon the market for at least three months. For
Bob Loso
purposes of establishing if the property is owner occupied, the owner must be a
Renee Symanietz
natural person, and all owner(s) occupy the property as their principal residence and
Dale Wick
have for at least two years. The owners may not exceed two in number. For the
purpose of determining ownership, the owner(s) must provide a copy of a recorded
deed or recorded contract for deed. A purchase agreement will not be accepted as
evidence of ownership.
Katie Schmitz, 803 Morningside Loop, St. Joseph, MN 56374 has submitted the
request for Interim Use.
Judy Weyrens
Administrator
Publish: November 22, 2013.
___________________________________________________________________
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25 College Avenue North PO Box 668 Saint Joseph, Minnesota 56374
Phone 320.363.7201 Fax 320.363.0342
Judy Weyrens
Subject:FW: December 2nd Council Meeting
Subject: December 2nd Council Meeting
Dear Mayor Schultz
I am e-mailing you regarding the upcoming public hearing on December 2nd whether or not to grant Katie
Schmitz and her husband permission to rent their house.
From my own past rental experiences my concern is that Katie and her husband may find a renter who
decreases the value of the home and therefore the value of mine as realtors compare nearby home prices. I
understand they have had some bad luck with selling their home and I feel very sorry for them that this is the
second time a sale has fallen through.
I think it would be in the best interest of Katie to continue in the selling process. Even though rental income
could be beneficial, rental repair and replacement costs may turn out to be just as much or even more.
I urge the council to deny a rental permit.
Thank you for your time.
1
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Joseph & Kate Schmitz AND
DECISION
Interim Use Permit at 803 Morningside Loop
Owner Occupied Rental – Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5
FINDINGS OF FACT
On December 2, 2013 the St. Joseph Planning Commission conducted a public hearing to
consider the application of Joseph & Kate Schmitz for an Interim Use Permit to allow a non owner
occupied rental unit at 803 Morningside Loop. 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 Joseph
& Kate Schmitz 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.In 2012 the City had been approached by some residents and realtors indicating that the
strict rental restrictions in St. Joseph are causing a hardship for property owners who cannot
sell their home, but could rent their home if the Ordinance would permit.
6.Responding to the request, the City Council authorized the formation of a committee to
study the rental restrictions in St. Joseph and report their findings back to the City Council
and Planning Commission.
7.The City Council and Planning Commission reviewed the recommendations of the rental
housing committee in which they requested to allow an interim use permit for a non owner
occupied rental license in the R1 Zoning District if a property owner has resided in the City
for at least two years and they have been actively attempting to sell their home without
success. Based on this recommendation, a public hearing was authorized to consider
amending the Ordinance based on the recommendations of the housing committee.
8.On February 4, 2013 the City Council conducted a public hearing to consider the
aforementioned amendment. The Planning Commission recommended approval of the
proposed amendment which was subsequently approved by the City Council on February
21, 2013 and became effective March 1, 2013.
9.On November 13, 2013 Joseph & Kate Schmitz submitted an application for Interim Use to
allow a non-owner occupied rental unit at 803 Morningside Loop.
10.Upon review of the application it was determined complete and met the following criteria:
a) the property owners have resided at 803 Morningside Loop for at least two years; b) the
property is homesteaded and used as the primary residence for the applicant; c) the
applicant provided proof that they have been attempting to sell the residence without
success.
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 (b) provide property owners in a R1 Single
Family Zoning district to seek an Interim Use Permit to seek a rental license for a non-owner
occupied rental license if the property owner (s) are relocating and are unable to sell their
homes. The Interim Use Permit shall only be issued for one year and can be renewed for
only one additional year. At the end of the second year, the property could not continue to
function as rental property.
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 property owner may request renewal of the rental license for one additional
year, provided the property is maintained and managed in accordance with the St.
Joseph Code of Ordinances.
d.The Interim Use Permit shall expire upon transfer of property or December 31,
2015; whichever comes first. In order to operate as a rental unit for the calendar
year 2015, the rental license must be renewed prior to August 15, 2015.
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 December 2, 2013.
CITY OF ST. JOSEPH
By
Ross Rieke, Chair
By
Judy Weyrens, Administrator
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