HomeMy WebLinkAbout[04] 2014 [06] Jun 16: Minutes
June 16, 2014
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Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in special
session on Monday, June 16, 2014 at 6:00 PM in the St. Joseph City Hall opening with the Pledge of
Allegiance.
Members Present: Chair Matt Killam, Commissioners Gina Dullinger, Brad Cobb, Chad Hausmann, City
Administrator Judy Weyrens.
Others Present: Mary Nimmerfroh, Annette Pull, Jane Fuchs
Cobb made a motion to approve the agenda. The motion was seconded
Approval of the Agenda:
by Dullinger and carried unanimously by those present.
Public Hearing, Interim Use Permit: Chair Killam opened the public hearing order at which time
Weyrens stated the purpose of the hearing is to consider
an Interim Use Permit to allow a non-owner
occupied rental at 1212 Dale Street East. The property is legally described as Lot 1, Block 5, Pond View
Ridge Four.
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 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 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 recorder deed or recorder contract for
deed. A purchase agreement will not be accepted as evidence of ownership.
Weyrens stated that the property owner, Kathy Walker submitted an application to secure in interim use
permit to allow for a non-owner occupied rental unit at 1212 Dale St E. The application included all the
required documents to meet the criteria stated in the Ordinance. The property has been listed since
August of 2013, meeting the 90 day listing requirement, and the owner has owned the property since
2011, meeting the residency requirement. Additionally, a letter from James and Julie Prendergast was
received asking the Planning Commission for approval of the permit as they will be the renters of the
property.
Chair Killam opened the public hearing.
Mary Nimmerfroh,1307 Dale Street spoke is support of the Interim Use Permit. Nimmerfroh stated she
approves the rental and is happy to see a military family move into the area. She hopes the Planning
Commission approves the interim use.
Annette Pull, 1317 Dale St approached the Commission stating that she was opposed to the rental at
first. She doesn’t think anything good can come from a renter being that they do not own the property.
However, after learning that the individuals moving in were a military family with two smaller children who
will be attending Kennedy Schools, she changed her mind. Pull added she is in support of the permit if he
keeps up the yard and home.
Jane Fuchs, 1318 Dale St approached the Commission asking if the permit is renter specific. Weyrens
stated that you cannot limit who can rent a specific parcel of property. Additionally, the interim use permit
is limited to two years. After two years, the home will need to either go back on the market, or the home
owner will need to occupy the residence.
As no one else wished to speak, Killam closed the public hearing.
Cobb stated that based on the information provided and the applicant’s compliance with the ordinance; he
supports the approval of the interim use permit.
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Hausmann stated that he lives a block away from the property and he supports the interim use permit. He
added that the reason for the ordinance amendment was to help out the residents of the City.
Cobb moved to recommend the City Council accept the Findings of Fact, issuing an Interim Use
Permit to Kathy Walker allowing a non-owner occupied rental at 1212 Dale Street E. The motion
was seconded by Hausmann and passed unanimously by those present.
Discussion: Dullinger stated that part of the decision and conclusions is that the homeowner will
manage the property in compliance with the St. Joseph Code of Ordinances.
Cobb made a motion to adjourn the meeting at 6:10 PM. The motion was seconded by
Adjourn:
Hausmann.
Judy Weyrens
Administrator