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HomeMy WebLinkAbout[04] Interim Use Permit - Walker 4 Planning Commission Agenda Item MEETING DATE: June 16, 2014 AGENDA ITEM: Interim Use Permit, Non-Owner Occupied Rental Kathy Walker, 1212 Dale St E 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: Kathy Walker has submitted an application to secure an IUP to allow for a non-owner occupied rental unit at 1212 Dale Street E. The application included all the required documents to meet the criteria stated in the Ordinance. The property was listed on 08/15/13, meeting the 90 day requirement, and they have owned the property since 2011, meeting the residency requirement. ATTACHMENTS: Request for Planning Commission Action Hearing Notice Application Letter of Support Draft Findings REQUESTED PLANNING COMMISSION ACTION: Forward a recommendation denying or approving the Interim Use Permit This page intentionally left blank .JA�� %, CITY OF ST. JOSEPH http : / /mn- stjosepk.civicplus.com Public Hearing City of St. Joseph Interim Use Permit Judy Weyrens Administrator Publish: June 6, 2014. Note: MN Statute requires mailed notice to all property owners within 350 feet of a variance, special use, interim use or rezoning request zs College Avenue North • PO Box 668 . Saint Ioseph, Minnesota 56374 Phone 3zo.363.7zoi Fax 3zo.363.034z The St. Joseph Planning Commission shall conduct a public hearing on Monday, June 16, 2014 at 6:00 PM at the St. Joseph City Hall, 25 College Avenue North. The purpose of the Administrator hearing is to consider an Interim Use Permit to allow a non -owner occupied rental at 1212 Dale Judy Weyrens Street E. The property is legally described as Lot 2 of Block 5 of Pond View Ridge Four. St. Joseph Code of Ordinances 52.27 subd. 5 (b) allows for an Interim Use Permit as follows: Residential Rental provided the property owner is relocating and the dwelling has been actively for sale and on the market for at least three months. For purposes of establishing if the property is Mayor owner occupied, the owner must be a natural person, and all owner(s) occupy the property as Rick Schultz their principal residence and 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 Councilors recorded deed or recorded contract for deed. A purchase agreement will not be accepted as Steve Frank evidence of ownership. Bob Loso Kathy Walker, 1212 Dale Street E, St. Joseph, MN 56374, has submitted the request for Interim Renee Symanietz Use. Dale Vick Judy Weyrens Administrator Publish: June 6, 2014. Note: MN Statute requires mailed notice to all property owners within 350 feet of a variance, special use, interim use or rezoning request zs College Avenue North • PO Box 668 . Saint Ioseph, Minnesota 56374 Phone 3zo.363.7zoi Fax 3zo.363.034z This page intentionally left blank Application received by on APPLICATION FOR INTERIM USE PERMIT CITY OF ST. JOSEPH WApplication for Interim Use Permit for Owner Occupied Rental it Application for Interim Use Permit for Non Owner Occupied Rental According to Ordinance No. Section of the St. Joseph Code of Ordinances APPLICANT INFORMATION: Name(s): Kathy Walker Address, City, State, and Zip Code: 1212 Date Street, St Joseph MN 56374 Phone Number(s):-3-20 o- LT�ci-15� E-mail Address walkerkoli,com PROPERTY OWNER INFORMATION: Name(s): Kathy Walker Address, City, State, and Zip Code: 1212 Dale Street, St. Joseph MN 56374 Phone Number(s): ,,2 G7�J15 E -mall Address: walkerlaism com Street Address of Subject Property 1212 Dale Street Total Area (Acres or Square Feet) of Subject Property .3 acres Applicant's Interest in Subject Property: ® Fee Owner (attach evidence) ❑ Other, specify below 1. Complete Legal Description of Subject Property Lot 2 of Block 5 of Pond View Ridge Four I 2. State exactly what will be done on the property if the Interim Use Permit is granted James & Julie Pendergast will be residing in the home with their two daughters. 3. Explain why you are requesting to use the property as described above: Owner has been trying to sell her property for the last 254 days. She has taken a job over seas and would like to rent her home to the Prendergast family while she is away. The Prendergases are relocating from New York as James is in the military and will be stationed at the Reserve Center in St. Joseph. Owner has lived in the home since 2004 when she purchased the property. 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) Applicants Printed Nar Property Owner Signs Property Owner Prints STAFF USE ONLY: Application Fee Received by Date Received ��_ Date Notified of Completeness Date of Hearing Publication Date Planning Commission Action Approval Denied Date of Action City Council Action Approval Denied Date of Action 1June 2014 Saint Joseph City Council We would like to take this opportunity to request approval of a non -owner occupied home rental exemption for the home at 1212 Dale Street, St. Joseph. We visited Saint Cloud and the surrounding area from May 17th to May 23rd to look for a home to rent and stopped by the City Hall to inquire about rentals in the area. Judy was very helpful and talked to us regarding the ordinance restricting rentals in the town and the possibility of an exemption for homeowners who have had their homes on the market for an extended period. Based on our conversation I reached out to Cory Ehlert, a local real estate agent, who assisted our family in locating a home that would qualify for an exemption. We are a military family and will be serving full time with the 367th Engineer Battalion which is located at the new Army Reserve Center on 201h Avenue, SE in Saint Joseph. We have been married for nearly 12 years and have moved seven times. We have owned homes in Texas and New York and have rented elsewhere. After visiting Saint Cloud and the surrounding communities to look for homes we decided that the city of Saint Joseph offers everything we are looking for as our new home. Saint Joseph offers the best school, Kennedy Elementary, for our daughters who are five and eight. The city park is conveniently located near the home and the Lake Wobegon trail offers a perfect place to bike and cross country ski. We also enjoyed visiting the Local Blend and some of the other local restaurants and shops. We are excited about our move and being a part of the community. Thank you for your consideration. Sincerely, James and Julie Prendergast 4 Marco Polo Drive Latham, NY 12110 This page intentionally left blank City of St. Joseph IN RE: FINDINGS OF FACT Application of Kathy Walker AND DECISION Interim Use Permit at 1212 Dale St E Owner Occupied Rental – Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5 FINDINGS OF FACT On June 16, 2014, the St. Joseph Planning Commission conducted a public hearing to consider the application of Kathy Walker for an Interim Use Permit to allow a non owner occupied rental unit at 1212 Dale 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 establishes the following facts as it relates to the request of Kathy Walker 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 June 3, 2014, Kathy Walker submitted an application for Interim Use to allow a non- owner occupied rental unit at 1212 Dale St E. 10.Upon review of the application it was determined complete and met the following criteria: a) the property owners have resided at 1212 Dale St E 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 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, 2016; whichever comes first. In order to operate as a rental unit for the calendar year 2016, the rental license must be renewed prior to August 15, 2016. Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the request for Interim Use is being forwarded to the City Council as a recommendation to approve pursuant to the terms and conditions aforementioned. Adopted this 16th day of June , 2014 CITY OF ST. JOSEPH By Matt Killam, Chair By Judy Weyrens, Administrator This page intentionally left blank