HomeMy WebLinkAbout[05] Public Hearing - Loso
5
Planning Commission Agenda Item
MEETING DATE:
April 2, 2015
AGENDA ITEM:
Public Hearing, Interim Use Permit
Michael & Florence Loso
26 Birch St W
SUBMITTED BY:
Administration
STAFF RECOMMENDATION:
Recommend the City Council adopt the Resolution of
Findings granting an Interim Use Permit to Michael & Florence Loso allowing a non-owner occupied
rental unit at 26 Birch St W.
PREVIOUS PLANNING COMMISSION ACTION:
BACKGROUND INFORMATION:
The Ordinance allows for non-owner occupied rental units in
Commercial Zoned property as a transitional use until the area is ready for development. Interim Use
Permits in the Commercial district are issued in 3 year increments, but need to be renewed annually.
ATTACHMENTS:
Request for Council Action
Hearing Notice
Application
Findings of Fact
REQUESTED PLANNING COMMISSION ACTION:
Consideration of the Resolution of Findings
of Fact.
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. " . CITY OF ST. J OSEPH
www.cityofstjoseph.com
Public Hearing
City of St. Joseph
Interim Use Permit
The St. Joseph Planning Commission shall conduct a public hearing on Thursday, April 2,
2015 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 26 Birch St
W. The property is legally described as Lot 2, Block 12 of Townsite of St. Joseph, Lot 3& E20' of
Judy Weyrens Lot 2 Block 12.
St. Joseph Code of Ordinances 52.31 subd. 13 (a) allows for an Interim Use Permit as follows:
Residential units in areas that have been rezoned to commercial from residential shall be allowed
Mayor an interim use permit as a rental unit for a specific period of time. The maximum density for rental
Rick Schultz units under the interim use permit shall be limited to the density which is allowed in the R-1,
Single Family Residential District.
Councilors Michael and Florence Loso, 26 Birch Street West, St. Joseph, MN 56374, have submitted the
Matt Killam request for Interim Use.
Bob Loso
Renee Symanietz
Dale Wick Judy Weyrens
Administrator
Publish: March 20, 2015
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Phone 3zo.363.7zoi Fax 310.363.0341
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APPLICATION FOR INTERIM USE PERMIT
CITY OF ST.JOSEPH y� •
25 College Avenue NW Fee$ "/(X)
P. O. Box 668 Paid 3—II—IS'
St. Joseph,MN 56374 Receipt#
(320)363-7201 or Fax(320)363-0342 Date
STATE OF MINNESOTA)
)ss
COUNTY OF STEARNS) i 36, 3 - %-70-3
NAME: M JAN N c I v T Mace Nl C.Z h"c 0 PHONE: 3 to-3 —2 L.
ADDRESS: r/t' L() Q)inC1* ST
I/We,the undersigned,hereby make the following application to the City Council and Planning Commission of the City of St.Joseph, Steams County,
Minnesota.(Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance
requirements):
1.Application is hereby made for Interim Use Permit to conduct the following: _R rctl ri I 042.0 0( A t O.fi HHC `
2.Legal description of land to be affected by application,including acreage or square footage of land involved,and street address,if
any(attach additional sheet if necessary):
3. Present zoning of the above described property is: C.r tryt rrh e 1
4.Name and address of the present owner of the above described property is: Al(L3(14 e C wry it%C_C'_ ! . C'c0
5.Is the proposed use compatible with present and future land uses of the area?Please explain: tJ( 1 t1T e(1+T (-(
6.Will the proposed use depreciate the area in which it is proposed?Please explain: AV 0
7.Can the proposed use be accommodated with existing City service without overburdening the system?Explain:y
ts
8. Are local streets capable of handling traffic which is generated by the proposed use?Please explain: ICS
. IVB
MAR 11. 2015
CITY OF SI. JOSEPH
Attached to this application and made a part thereof are other material submission data requirements,as indicated.
Applicant Signature: I,_ .w.1 I •,)4 Date\ . /*( , ([
Owner Signature: - Date: /7 ��
/"
FOR OFFICE USE ONLY
DATE APPLICATION SUBMITTED:
DATE APPLICATION COMPLETE:
Planning Commission Action: Recommend Approval Recommend Disapproval Date of Action
Date Applicant/Property Owner notified of Planning Commission Action:
City Council Action: Approved Disapproved Date of Action
Date Applicant/Property Owner notified of City Council Action:
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Michael and Florence Loso AND DECISION
Interim Use Permit at 26 Birch Street West
Non-Owner Occupied Rental – Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5
FINDINGS OF FACT
On April 2, 2015, the St. Joseph Planning Commission conducted a public hearing to consider the
application of Michael and Florence Loso for an Interim Use Permit to allow a non owner occupied
rental unit at 26 Birch Street West. 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
Michael and Florence Loso 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 March 11, 2015, Michael and Florence Loso submitted an application for Interim Use to
allow a non-owner occupied rental unit at 26 Birch Street West.
10.Upon review of the application it was determined complete and met the following criteria:
a) the property owners have resided at 26 Birch Street West 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,
2017; whichever comes first. In order to operate as a rental unit for the calendar
year 2017, the rental license must be renewed prior to August 15, 2017.
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 2nd day of April , 2015
CITY OF ST. JOSEPH
By
Rick Schultz, Chair
By
Judy Weyrens, Administrator
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