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Home My WebLink About[07a] Interim Use Permit, Ortmann 5 Planning Commission Agenda Item MEETING DATE: June 2, 2014 AGENDA ITEM: Interim Use Permit, Non-Owner Occupied Rental th Thomas Ortmann, 308 – 10 Ave SE 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: Thomas, Timothy and Ellen Ortmann have submitted an application to th secure an IUP to allow for a non-owner occupied rental unit at 308 – 10 Ave SE. The application included all the required documents to meet the criteria stated in the Ordinance. The property was listed on 2/04/14, meeting the 90 day requirement, and they have owned the property since 8/2000, meeting the residency requirement. ATTACHMENTS: Request for Planning Commission Action Hearing Notice Application Draft Findings REQUESTED PLANNING COMMISSION ACTION: Forward a recommendation denying or approving the Interim Use Permit This page intentionally left blank • '� ITY OP . J STOSEPH - \ c http://mn-stjoseph.civicplus.com Public Hearing City of St. Joseph Interim Use Permit The St. Joseph Planning Commission shall conduct a public hearing on Monday, June 2 at 6:30 PM at the St. Joseph City Hall. The purpose of the hearing is to consider an Interim Use Administrator Permit to allow a non-owner occupied rental at 308— 10`h Ave SE.The property is legally Judy Weyrens described as Lot 1, Block 3, Cloverdale Estates Fourth Addition. St. Joseph Code of Ordinances 52.27 subd. 5(b) allows for an Interim Use Permit as follows: Residential Renal provided the property owner is relocating and the dwelling has been actively for Mayor sale and 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 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 recorder deed or recorder contract for deed. A purchase agreement will not be accepted as Steve Frank evidence of ownership. bob Loso Thomas Ortmann, Timothy Ortmann, and Ellen Ortmann, 7376 9`h St, Buffalo, MN 55313 have Renee Symanietz submitted the request for Interim Use. Dale Wick Judy Weyrens Administrator Publish: May 23, 2014. 1 / eec�rhf g,LE i t.3 Arr ,Nt.At IrION - _PO \I EW tiro ®� III S !1I ■ 1 1 5 a z ■ t t < d Note: MN Statute requires mailed notice to all property owners within 350 feet of a variance, special use, interim use or rezoning request 15 College Avenue North • PO Box 668 • Saint Joseph, Minnesota 56374. Phone 3zo.363.7zoi Fax 310.363.0341 This page intentionally left blank Application received by on 5IR ( 14-j" yi`°""`r tN APPLICATION FOR INTERIM USE PERMIT CITY OF ST. JOSEPH C a • • - - • . - •ccupie• '- -I Application for Interim Use Permit for Non Owner Occupied Rental According to Ordinance No. Section of the St. Joseph Code of Ordinances APPLICANT INFORMATION: �n Name(s): 67i.* IU-�av►��ori Address, City, State, and Zip Code: 7 -/t''3 76 �J I c /1/v s&313 Phone Number(s): -263 •7S 3 - S 3c12- E-mail Address: 1j`. ,kV✓,I-Oi n PROPERTY OWNER INFORMATION: Name(s): 7-jiayvte,S D%TILM!%u nti /•t-.yoT j�y Cli d,, s� e/r7 r �✓1� Address, City, State, and Zip Code: 7 '7+4 ��+ 3 —Ic , friA) . S.313 Phone Number(s): 773 Z<3- - t5 Z E-mail Address: ki'-Od-/"-«..,,-,P. kW,(. q Street Address of Subject Property O Jd ' Atic, vG Total Area(Acres or Square Feet)of Subject Property /36$ &ice Applicant's Interest in Subject Property: ,( Fee Owner(attach evidence) El Other, specify below 1.Complete Legal Description of Subject Property 6-10Vard /e s�� 17/1 -4odr, 6l0b3 2. St to exactly what will be done on the property if the Interim Use Permit is granted `-/- /1 ,v,5e RECEIVED MAY 0 9 2014 CITY OF ST. JOSEPH 3. Explain why you are requesting to use the property as described above: �„�-w� 'vei I a v � 1 i�i �f+r7 Dui �w: L V 1 i1 �}�LA+ eh�/ �✓rt%tI1'.(�r vJ t/ k—Akt, ke",c) 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) Date `7 2. -/17/ Applicants Printed Name ! 7.moT,4 Property Owner Signature"�' Date %- -17 ,J Property Owner Printed Name 7� s C L ,,17 7m4,7-Ay STAFF USE ONLY: Application Fee Received by 41-l\c..'EC IA C C. Date Received 5 dl I H 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 City of St. Joseph IN RE: FINDINGS OF FACT Application of Thomas, Ellen & Timothy Ortmann AND DECISION th Interim Use Permit at 308 – 10 Ave SE Owner Occupied Rental – Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5 FINDINGS OF FACT On June 2, 2014, the St. Joseph Planning Commission conducted a public hearing to consider the application of Thomas, Ellen & Timothy Ortmann for an Interim Use Permit to allow a non owner th occupied rental unit at 308 – 10 Ave SE. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission hereby established the following facts as it relates to the request of Thomas, Ellen, & Timothy Ortmann 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 May 9, 2014, Thomas, Ellen, & Timothy Ortmann submitted an application for Interim th Use to allow a non-owner occupied rental unit at 308 – 10 Ave SE. 10.Upon review of the application it was determined complete and met the following criteria: th a) the property owners have resided at 308 – 10 Ave SE 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, 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 has been issued pursuant to the terms and conditions aforementioned. Adopted this day of , 2014 CITY OF ST. JOSEPH By Rick Schultz, Mayor By Judy Weyrens, Administrator This page intentionally left blank