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Home My WebLink About[06] Public Hearing - Walz 6 Planning Commission Agenda Item MEETING DATE: April 2, 2015 AGENDA ITEM: Public Hearing, Interim Use Permit Molly Walz th 216 – 17 Ave SE SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the City Council adopt the Resolution of Findings granting an Interim Use Permit to Molly Walz allowing an owner occupied rental unit at 216 th 17 Ave SE PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The Ordinance allows for owner occupied rental units in residentially zoned districts provided the owner remains living at the residence. The Ordinance does not allow for non-owner occupied rental units. Interim Use Permits in the Residential Districts are renewed annually in August. The Planning Commission may want to confirm that the property owner will still be residing at the property. ATTACHMENTS: Request for Council Action Hearing Notice Application Findings of Fact REQUESTED PLANNING COMMISSION ACTION: Consideration of the Resolution of Findings of Fact. This page intentionally left blank • 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 6:15 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 an owner occupied rental at 216— 17th Ave SE. The property is legally described as Lot 3, Block 2, Liberty Pointe, Stearns County, Judy Weyrens Minnesota. St. Joseph Code of Ordinances 52.27 subd. 5 (a) allows for an Interim Use Permit as follows: Residential Rental provided the unit is owner-occupied and provided the room(s) rented does not Mayor contain separate kitchen facilities and is not intended for use as an independent residence. For Rick Schultz purposes of establishing if the property is owner occupied,the owner must be a natural person, and all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purpose of determining ownership, the owner/owners must provide a copy of Councilors a recorder deed or recorder contract for deed.A purchase agreement will not be accepted as Matt Killam evidence of ownership. Bob Loso Renee Symanietz Molly Walz, 216— 17th Ave SE, St. Joseph, MN 56374, has submitted the request for Interim Use. Dale Wick Judy Weyrens Administrator Publish: March 20, 2015 &4.53547.0010'2( {I` &4.53547.0905 } _ 64.53547.00o', B,41 W JUF11rt ;# NCy }klhdk �!(t Ms l,.,.... 64 53550.0031 64.535500053 64.53550.0054 64.53550.0055 ibject 64.53550.0:56 3. 64 b3550 0057 -- �. _ o4 535500056, 54.53550.0059 ..... _ `.•- 13:4.53550 OCt,0 I#.10E#T'B4! _ 64.53550.0061 ac College Avenue North • PO Box 668 • Saint Joseph, Minnesota 56374 Phone 3zo.363.7zoi Fax 32,0.363.o34z This page intentionally left blank APPLICATION FOR INTERIM USE PERMIT CITY OF ST. JOSEPH , �y�a� 25 College Avenue NW Fee$ 1v✓ P. O. Box 668 Paid 3-16 St. Joseph, MN 56374 Receipt#Iia► (320)363-7201 or Fax (320)363-0342 Date STATE OF MINNESOTA) )ss COUNTY OF�SKO - I NAME: 1'�(' `\ VV al Z PHONE: . 20- 333- 7q t z_ ADDRESS: al 17 ' 1\ve• SE. "T. Jo ph MP.) sc,371.1 I/We,the undersigned,hereby make the following application to the City Council and Planning Commission of the City of St.Joseph, Stearns County, Minnesota.(Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): p 1.Ap lication is hereby made for Interim Use Permit to c duct the following: Rer .4.• a♦ Morrie_ f'(- Ltd rv\dr\- - . er�c�� , . . . •,, _ . • p1"o(6raarv\ O V 2 Cr) •ode. o • S c_Nro V ASA CO. ie. 1D J U • 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): bee 0. (hC1nte12r\\. 3. Present zoning of the above described property is: ReS.0 rA-0.� 4.Name and address of the present wner of the above describedpropertyy rs: 'Mr.)1\\ M. A\L- 21(a 1-7 Rye_ E S}•Sose Wry M "7 5.Is the pr posed use compatible with present and future land uses of the area?Please explain: e , r1D n'l'po..\;b\ n6 r\ char oSe• 6.Will the proposed use depreciate the area in which it is proposed?Please explain: '}O 7.Cain the proposed use be accommodated with existing city service without overburdening the system?Explain `{e.g . re w\a.:r g res i ae(\‘-‘10,-\ v S� 8. Are local streets capable of handling traffic which is generated by the proposed use?Please explain: }eS , t(1 D CW.xr\cy NY`) VAP . Attached to this application and made a part thereof are other material submission data requirements,as indicated. Applicant Signature: �f /<< 61/ Date: 3 - Ito 'S Owner Signature: iV�'/%,'� ‘6// 3- IC,- I J FOR OFFICE USE ONLY DATE APPLICATION SUBMITTED:2 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: File No: 1352223 (BLR) EXHIBIT 'A' Lot Three(3), Block Two (2), Liberty Pointe, Stearns County, Minnesota. A.P.N. 84.53550.0033 Initials: Page 1 of 1 This page intentionally left blank City of St. Joseph IN RE: FINDINGS OF FACT Application of Molly Walz AND DECISION th Interim Use Permit at 216 – 17 Ave SE 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 th application of Molly Walz for an Interim Use Permit to allow an owner occupied rental unit at 216 – 17 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 finds the following facts as it relates to the request of Molly Walz 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.On March 16, 2015, Molly Walz submitted an application for Interim Use to allow an owner th occupied rental unit at 216 – 17 Ave SE. 6.Upon review of the application it was determined complete and met the following criteria: a) he is the sole owner of said property providing proof thereof; b) the dwelling unit does not have a separate kitchen facility. 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 provide property owners in a R1 Single Family Zoning district to seek an Interim Use Permit to allow tenants to help defray costs. Said provision requires all owners of the property to reside at the house and limits the number of tenants to three unrelated persons as defined in Ordinance 52.04.31.1. 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 permit shall be reviewed annually with notification in the St. Joseph Newsleader allowing for input from the neighborhood. d.The Interim Use Permit shall expire upon transfer of property. 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 April 2, 2015. CITY OF ST. JOSEPH By Rick Schultz, Chair By Judy Weyrens, Administrator