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HomeMy WebLinkAbout2004 [09] Sep 08 CITY Of ST. JOSEPH - www.cityofstjoseph.com - St. Joseph Planning Commission September 8, 2004 7:00 PM Administrdtor Judy Weyrens 1. Call to Order Mdyor 2. Approve Agenda Ldrry J, Hosch 3. Approve Minutes -July 12, July 26, August 2,2004 Councilors 4. 7:00 PM Public Hearing, Interim Use Permit, Owner Occupied Rental AI Rdssier Jim Odegard, 736 College Avenue South Ross Rieke St. Joseph Code of Ordinances 52.27 subd, 5 Gdry Utsch Ddle Wick 5, Other Matters 6. Adjourn - -' - - 2'¡- College Avenue North' PO [Sox 668 . Sdint. joseph, Minncsotd .¡-6'74 Phone ,20.,6,.7201 I'd x ,20.,6,.0,42 DRAFT July 12, 2004 Page 1 of 8 . Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, July 12, 2004 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair (Council Liaison) Gary Utsch. Commissioners: Bob Loso, Marge Lesnick, Jim Graeve. Administrator Judy Weyrens. Others Present: City Attorney, Tom Jovanovich, City Engineer(s) Joe Bettendorf and Tracey Ekola, James Fredricks, Steve DeCoster, Tom Matthews, Sue Palmer, Jamie Thelen, Jim Sand, Richard Hennings, Leland Mann, Jerry Barrels, Mary Schroden, Tom & Jane Lowell, Marilyn Ruhr Approve Aqenda: Lesnick made a motion to approve the agenda; seconded by Graeve and passed unanimously. Approve Minutes: Loso made a motion to approve the minutes of June 7 and June 21, 2004; seconded by Lesnick and passed unanimously. Public Hearinq - Interim Use Permit - Brian Shields: Chair Utsch called the public hearing to order and stated purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental in an R-1, Single Family Zoning District. The property is legally described as Lot 004 Block 001, Hollow Park. The property is located at 321 Cypress Drive. The request has been submitted by Brian Shields, 321 Cypress Drive, St. Joseph, MN 56374. Brian Shields spoke on his own behalf. He stated that he purchased the home two years ago and he would like to continue renting the home to assist with the house payment. He further stated that since he has owned the property he has made improvements to the both the outside and inside, . Bill Elftering of 329 Cypress Drive spoke in opposition to the proposed Interim Use Permit. He stated that in his opinion there is enough nuisance rentals in that area already. He stated that he has been trying to inform the City that Shields has been renting without a permit for a while and nothing has been done. Now, all of a sudden the City is allowing him to make application for a rental license. Elfering stated that he does not feel sorry for Shields. If Shields needs to have renters in order to be able to afford the house he should have thought about the payment before he bought the house. Their being no one further to testify, the public hearing was closed. Utsch questioned if their have been any complaints for Ordinance violations on the property described above. Weyrens stated that she is not aware of any police complaints, Loso stated that since there are four (4) parking spaces Sheilds should be granted the Interim Use Permit. Utsch stated that if the Interim Use Permit is granted, this is to be looked at every year. If there are any problems, it will not be renewed. He also stated that he is comfortable with allowing three unrelated tenants. Shields questioned if his girlfriend would be considered one of the three tenants, According to Utsch, she would be considered a tenant because she is not family. Shields stated that when he bought the house, his realtor told him he could four renters beside himself living in the house. He also said that he is renting the house to afford the house payment. Utsch stated that he doesn't know what realtors are telling homebuyers, but that is not how the Ordinance is written. Loso made a motion to recommend the Council approve the Interim Use Permit for Brian Sheilds, 321 Cypress Drive, allowing an owner occupied rental unit. The IUP is conditioned upon the following: 1. The rental license in non-transferable and if the property is sold or the ownership changes so that the aforementioned no longer owns a 50% or greater interest in the property the Interim Use Permit is null and void. - 2. Occupancy is limited to 3 unrelated persons with Shield being one of the three. 3. Approval of the Rental Housing Inspector - DRAFT July 12, 2004 Page 2 of 8 4. The Planning Commission will review the license annually and revoke the license if the . property is in violation of the St. Joseph Code of Ordinances. The motion was seconded by Graeve and passed unanimously. Public Hearinq - Special Use Permit - Colleqe of St. Benedict. Presidential Residence: Chair Utsc~ called the public hearing to order. The purpose of the hearing is to consider the issuance of a Special Use Permit to allow the construction of a Presidents Residence in an Agricultural Zoning District. The request has been submitted by the College of St. Benedict, 37 College Avenue South, St. Joseph, MN 56374. Jim Fredricks, Facility Management Director, and Jon McGee, Vice President of Planning, Research, and Communications, spoke on behalf of the College of St. Benedicts. McGee discussed some of the reasons as to why this Presidential Residence is so important to the College. He stated that the College has had considerable growth in the past 30 years, with the College of St. Benedict being a premier Catholic Liberal Arts College ranking among the top 100 Liberal Arts Colleges. The presence of the President living near the campus is a great opportunity for the College. The new President is the first lay president in the past 30 years to live in St. Joseph. The College would like for the President to be a more present in the community. Fredricks stated that the College is looking to build a residence for the President, which will be constructed on approximately four (4) acres. The structure will be a single-family dwelling and hospitality center. The exterior materials as well as the landscaping will be consistent with those of the College. The residence will abut the Field Street right-of-way; however, when Field Street is constructed the access to the residence will be relocated. Fredricks stated that the architect is working on the drainage, parking, utilities and location of a fire hydrant. . Previously, the Planning Commission has reviewed this matter at which time it was recommended the College make application for rezoning to change the zoning classification to R1, Single Family and requested the entire parcel be platted. It was originally thought that the property is question was one parcel. However, after review of the property, it was discovered that it is in fact two parcels. As a result, it would be possible to rezone just one parcel as R1. Based on the concept plan submitted by the College, the parcel in question is proposed to be used for soccer fields and the president's residence. If the parcel was rezoned as R1, the use of both the residence and the fields could be addressed through the Special Use process. The College is looking to have this property zoned E & E rather than R1. The Planning Commission is being asked to determine two things: whether or not the use is a permitted use in the Agricultural District with or without a Special Use Permit and whether or not allowing this development in said zoning district is consistent with the Comprehensive Plan. There being no one wishing to testify, the public hearing was closed. Utsch stated that as he reviewed the permitted use and uses under Special Use, he would classify the President's Residence similar to that of a Bed and Breakfast. Utsch stated that he does not deem it appropriate to allow the proposed development in an Agricultural District as the use should be consistent with the Comprehensive Plan and that use is Residential. Therefore, development of this property should include rezoning to R1. Loso stated that he is in agreement with zoning this area R1 with a Special Use Permit. City Attorney Tom Jovanovich stated that the College has the opportunity to plat the both parcels into one or plat only four acres. Fredricks stated the subject property is a 35 acre parcel and that the residence only sits on 4 acres. Jovanovich stated that there should be no problem rezoning the subject property is as R1 and platting only four (4) acres. Weyrens stated that platting typically takes two months to complete. Therefore, rezoning the property to R1 as a whole would be a quicker process. - - DRAFT July 12, 2004 Page 3 of 8 Utsch questioned Fredricks as to how the remaining property will be developed in the future. Fredricks . stated that there are no immediate plans to develop the remaining property and it may be three to five years before development occurs. If the College had to project what would develop on the remaining property, it would be a combination of housing and academic buildings. it would be about 3-5 years before the rest of the parcel is developed. Jovanovich responded that the Comprehensive Plan identifies the subject property as residential and the projected development is not consistent with the Comprehensive Plan. Fredricks responded that since there are no concrete plans for developing the rest of the area at this time, it would best to keep the area as Agricultural and allow for a Special Use Permit to build the residence. Utsch concurred with Jovanovich and stated that for the property to be developed as requested on Agricultural Zoned property, the Comprehensive Plan would have to be amended. Jovanovich stated it is hard to classify the use as residential or institutional, however if the intended use is residential then the property should be zoned appropriately. Therefore it would be best to deny the request for a Special Use allowing for an expanded residential facility in an Agricultural District for the following reasons: Finding A: Determination of appropriate zoning. The subject property is currently zoned Agricultural. Finding: St. Joseph Code of Ordinances 52,26 Subd 1 states the intent of an Agricultural District is to provide for very low density residential development for persons desiring a rural life-style. The proposed development is not rural in nature. Finding B: Consistency with the St. Joseph Comprehensive Plan. The subject property is located in Planning District 8. . Finding: The recommendation for future land uses within District Eight include the following: Single Family Development, Mixed Density Residential Development adjacent to 95th Avenue, Fourth Avenue SE and CSAH 121 and Planned Unit Developments. Development must be consistent with the intended long range plan, therefore R1 Zoning is required. Finding C: Standards for granting a Special Use Permit. Finding: St. Joseph Code of Ordinances 52.07 Subd 3 (e) which states that the Special Use Application should be harmonious with the general and applicable specific objectives of the Comprehensive Plan of the City. Development of property zoned Agricultural in Planning District 8 is inconsistent with the Comprehensive Plan which calls for residential development. Finding D: Reconsideration for rezoning. Finding: As the subject property is guided for single family development, the city would reconsider the application for Special Use if the property is rezoned to R1, Single Family. Attorney Tom Mathews spoke on behalf of the College and stated that he feels they have followed the procedures outlined in the Ordinance and believes they have the ability to construct the residence in an Agricultural Zoning District without securing a Special Use Permit. Utsch stated that the College was infor~ed of the requirements as they were conveyed to the College at the last Planning Commission meeting. DRAFT July 12, 2004 Page 4 of 8 . Graeve questioned if this is a matter that needs to be resolved between the City Attorney ~nd legal. counsel for the College. Jovanovich stated that in his opinion the proposed use is not a single family structure and does require the issuance of a Special use Permit. Jovanovich clarified that on the plans submitted by the College it is stated that their will be public facilities within the structure, thus it is not a single family residence. Fredricks disagreed with Jovanovich and stated that the proposed residence is a single family dwelling with large gathering spaces. The facility will be the living quarters for the President. Jovanovich again clarified that the proposed use does not fit with the permitted residential uses in an Agricultural District. Further, according to the Comprehensive Plan, this area is to be developed residential. To allow for this to remain Agricultural with a Special Use, the City must first amend the Comprehensive Plan. Due to the fact that there are no immediate plans for the rest of the land, this could be zoned R1 and the Planning Commission and City Council would have the ability to use their discretion for a Special Use Permit in the future. Graeve stated that the Commission would like to see this Presidential Residence built and have the President living in the City; however, the use must meet City requirements. Matthews questioned if there would be a need for a Public Hearing to rezone this property as R1 and if so when it could be scheduled. Weyrens stated that a public hearing would be required for the rezoning and the platting. However, the process can be done simultaneously and can be scheduled for the end of July. Utsch made a motion to recommend the Council deny the Special use request of the College of St. Benedict to construct an expanded Single Family residence in an Agricultural District. Denial is based on the findings A-D identified above. The motion was seconded by Loso and passed unanimously by those present. Preliminarv Plat, MorninQside Acres - Sand Companies: Chair Utsch called the Public Hearing to order . and stated the purpose of the hearing is to consider a preliminary plat for Morningside Acres. The proposed plat is located south of St. Joseph Township Hall, adjacent to County Road 121 and contains 30 single family lots, 32 town homes and 18 patio homes. The proposed plat has been submitted by Sand Companies, 366 S. 10th Avenue, Waite Park, MN 56387. Weyrens reported that previously, the Planning Commission conducted a Public Hearing for the rezoning of Morningside Acres as well as an amendment to the Comprehensive Plan to allow for R3 zoning in Planning District 13. On April 1 , 2004, the Council accepted the recommendations of the Planning Commission and amended the Comprehensive Plan to allow for R3 in the Morningside Acres Addition as well as rezoning the property as a mixed use of R1 and R3. The process also included a review of a concept plan. During review of the Preliminary Plat, it was determined that a number of variances will be required, with the majority of the variances on design standards, Therefore, the Planning Commission cannot approve the preliminary plat at this time, but can conduct the public hearing and close the same if the variance requests area acceptable to the Planning Commission. Weyrens stated that the information presented to the Commission includes the responses from the City Enginner, Attorney and Building Official. Jim Sand and Richard Hennings represented Sand Companies. Hennings stated they have reviewed the comments from the City consultants and offer the following responses: ENGINEERING ISSUES SAND COMPANIES RESPONSE How will sidewalk be constructed from They do not feel that they are responsible for the th 295 Street to Iverson Street along CR construction of this sidewalk. Bettendorf stated that there 121? should be a sidewalk provided. So they will need to work on deciding who will pay for this DRAFT July 12, 2004 Page 5 of 8 . Will the accesses into multiple family site They will be private drives, so there will be no public be considered private streets or infrastructure and no street names. Utsch stated that the driveways? Two additional accesses from Fire Chief has given them the okay for the hammerhead to the multiple-family lots onto Iverson Street allow for emergency vehicles. may be considered to in order to provide better access for emergency vehicles into the multiple family site. Turn lanes on CR 121 shall be coordinated Sand Companies has not received a response from the with Stearns County Highway Department. Stearns County Engineer regarding approval of the plat. According to Bettendorf, Stearns County has indicated that they can repaint the street for a turn lane and a center turn lane would not be needed. However this has not yet been formalized by Stearns County. Buildings with elevations over 1130 may Only two lots will be affected by this. They will not be require pressure booster tanks to be guaranteed water pressure over 401bs. Bettendorf stated installed for adequate water pressure that they would need a booster tank in the house to give them adequate water pressure. Stormwater pond setback requirement of The Ordinance requires 100' setback but buildings are only 100' is requested to be reduced to 50', 50' from the pond. Bettendorf stated that he is okay with a Pond site conditions are conducive to allow 50' setback from the pond. Sand Companies will make this setback reduction. application for a variance. Revise typical cross section to provide 2" The Civil Engineer will work on this. This will be used base instead of 1 Y2" base. mainly for construction. . Per the soils report, if subgrade is not Can be addressed during construction. capable of passing roll test, replace 12" aggregate base with geotextile, 18" select granular, 6" aggregate base. Warranty issues? Will the entire wetland located in the This decision will be made by the wetland Board. northwest corner of the plat be mitigated? If not, what is the extent of the mitigation? The multiple-family lot driveways do not The storm water will be drained into storm sewers which meet the 75' setback from wetlands. will be routed to the stormwater pond. Sand Companies However, this could be permitted if the will make application for a variance. improvements include curb, gutter and storm sewer, and surface water runoff from the pavement is routed to the stormwater pond. Access to Lot 2 Block 1 and Lot 1 Block 2, These lots will be maintained. Morningside Acres shall be maintained during the construction of utilities and street improvements for Morningside Acres Second Addition. The driveway location for Lot 1 Block 1 The driveway will be as far away as possible from 121. shall be on the east side (adjacent to the easement along the east property line in DRAFT July 12, 2004 Page 6 of 8 . order to allow a reasonable setback from the 103rd/lverson intersection. BUILDING OFFICIAL SAND COMPANIES RESPONSE Lot Size Compliance Single Family lots meet the minimum lot size and minimum design standards Wetland and Wetland Mitigation -It Sand Companies has made application with Stearns appears as one single family lot will not be County Environmental Service to fill the wetland. The buildable due to the existing wetland. application is pending with approval anticipated on July 21, 2004. Visitor Parking - Is adequate parking Each townhome will have double garage and driveway. available. Therefore 2 visitor parking spaces are available. This has not been an issue in previous developments in adjacent communities. Address - Must be visibly displayed Each building will be identified with a monument sign and clearly visible. Fire Access - The private driveways are The plat has been resigned providing a turning radius. This long and the fire vehicles will be required to has been approved by the Fire Chief. back out a considerable distance. Density Calculations - The original plans Additional information has been provided verifying that the did not provide enough information to density is consistent with the requirements of the St. . determine if the property met the Joseph Code of Ordinances. standards. Grading plans must include an elevation at The plans will be amended to include the requirement. each corner establishing the building grade, CITY ATTORNEY SAND COMPANIES RESPONSE Setbacks -IF developed as a PUD, the R3 The Plat can be submitted without use of a PUD thereby portion exceeds the maximum allowed. this requirement has no impact. Park Dedication Fee - The developer Sand Companies is requesting relief from the Park proposes to waive a portion of the Dedication Fees to provide affordable housing, City dedication fee or offset the dedication fee contributions for Tax Credit applications are looked upon with decorative lighting and sidewalks. favorably. Lighting is not a park use and relief of dedication fees should not be considered for this. Utsch made a few comments after hearing all of the information provided by Sand Companies and the consultants: 1, Preliminary Plat - He stated he is not comfortable with the plat; however, he could not approve the plat until the Stearns County Environmental and the Stearns County Engineer submit their comments. DRAFT July 12, 2004 Page 7 of 8 . 2. 10' Rear yard setback - This setback is required as the plat is not being developed as a PUD. He has no problem with this, however he stated that it must be dealt with correctly and go through the right channels. 3. Sidewalk - He stated that it in his opinion the sidewalk in the development is part of the developer's responsibility and the sidewalk along CR 121 should be a City responsibility whereby Park Dedication fees could be used. Lesnick stated that in her opinion the Park Dedication fee should not be applied to internal sidewalks or decorative lighting. Further, the Ordinance requires connection to the park system and this plat should not be excluded from that requirement. Loso stated it is opinion that the Park Board has final authority over use of Park funds and this authority is granted through Minnesota Statute. The Park Board has previously requested this connection and it should be required. Utsch clarified that the Ordinance gives the City Council discretion in requiring connection to the trail system. However, if the Park Board has final authority then it will need to be addressed. The City Attorney will research the authority of the Park Board and report back to the Council. Sand questioned whether the preliminary and final plats could be approved at the same time. Utsch said that they could not do both at the same time. Jovanovich stated that the process could be expedited if all the outstanding issues were resolved and the Developers Agreement was ready for execution, Jamie Thelen, President of Sand Companies, spoke in regard to affordable housing portion of the plat. Thelen stated that Sand Companies is seeking financing assistance through the Tax Credit Program. The program is very competitive and the application requires a letter of support from the City. The letter of support must indicate how the City is a partner in the project. Thelen presented a proposed letter which indicates the City is supportive of the project and has allowed increased density, waived development fees (park dedication), allowed for flexibility of the Ordinance and agreed to fast tracking of . permits. After considerable discussion it was the consensus of the Planning Commission that the City Council must authorize the letter of support and referred the matter to them. Loso made a motion to table the action on the Preliminary Plat until the City receives letter of approval from the Stearns County Engineer and Stearns County Environmental services. The motion is further tabled so that a public hearing can be scheduled for the required variances. The motion was seconded by Graeve and passed unanimously by those present. Graeve made a motion to table action on the Special Use Request to construct the Multiple Family units until the Planning Commission can conduct the required variance hearing. The motion was seconded by Lesnick and passed unanimously by those present. Other Matters Schedulinq of Special Meetinq: Weyrens requested the Planning Commission schedule a Special Meeting to consider the following: · Foxmore Hollow - Variance, Preliminary Plat, Special Use · Morningside Acres - Variance, Preliminary Plat, Special Use · College of St. Benedict - Rezoning and Preliminary/Final Plat The Planning Commission agreed to schedule a special meeting for July 26,2004 at 7:00 PM. Arcon Development: Graeve suggested that with pending Arcon Development, the City consider how the Sauk River will be protected and invite interested persons/groups to a meeting. Graeve suggested the following groups be included in the planning process: St. Joseph Planning Commission; St. Joseph City Council; St. Joseph Township Planning Commission; St. Joseph Township Board; Pollution Control Agency; Watershed District; Stearns Environmental Services. Weyrens responded that the majority of the DRAFT July 12, 2004 Page 8 of 8 . agencies listed have already had input in the environmental review process and are aware of the extent of the development. Adjourn: Lesnick made a motion to adjourn at 8:45; seconded by Graeve and passed unanimously, Judy Weyrens Administrator . - - Draft July 26, 2004 Page 1 of 5 . Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in special session on Monday, July 26, 2004 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair (Council Liaison) Gary Utsch. Commissioners: Bob Loso, Marge Lesnick, Jim Graeve, Kurt Schneider, Sister Kathleen Kalinowski, Mike Deutz. Administrator Judy Weyrens. Others Present: James Fredricks, Tom Mathews, Jim Sand, Jerry Barrels, Rick Heid, Bob Herges, Linda Brown Public Hearinq - Colleqe of St. Benedict: Chair Utsch called the public hearing to order and stated the purpose of the hearing is to consider the following actions: 1) Preliminary Plat of 4.625 which will be entitled College Addition; 2) Rezoning of College Addition from current Agricultural to R1, Single Family; 3) Special Use Permit to allow the construction of a Presidents Residence. The request has been submitted by the College of St. Benedict; 37 College Avenue North; St. Joseph, MN 56374. Jim Fredricks spoke on behalf of the College of St. Benedict. Frediricks stated the College is proposing to plat four (4) acres of property adjacent to CR 121 to allow for the construction of a presidential residence. Fredricks stated that the College has re-submitted their plans based on the denial of July 12, 2004. The revised plans still require a Special Use Permit, but the property is zoned Single Family, which is consistent with the Comprehensive Plan. In addition, the revised plan plats the area where the home will be constructed. Fredricks stated that neither the design or entrance of the plat have changed since the original submittal. No one from the Public wished to speak and the Public portion of the hearing was closed. , . Weyrens stated that the City Engineer has reviewed the plat and during review it was noted that additional utility easements would be required. The College has since agreed to provide the needed easements which will be part of the final plat. With regard to access to the property, the County Engineer has provided temporary access to the property via CR 121. However, when Field Street is constructed, the temporary driveway must be moved to either access Field Street or moved to the north, creating a central access to CR 121. Weyrens further clarified that the College of St. Benedict has agreed to the terms outlined in the Development Agreement and has submitted the final grading plans. The final grading plans will be reviewed by the City Engineer and will be identified as a contingent item. Loso made a motion to recommend the Council approve the Preliminary and Final Plat entitled College Addition contingent upon approval of the Engineer and execution of the Development Agreement between the City of St. Joseph and the College of St. Benedict. The motion was seconded by Kalinowski and passed unanimously. Loso made a motion adopting the findings, recommending the Council rezone the four (4) acre parcel known as College Addition from the current Agricultural to R1, Single Family and to grant a Special Use Permit to allow an expanded residential facility, Approval is contingent upon the execution of the Development Agreement and limitation that the property cannot be used as rental property in the future. The motion was seconded by Deutz and passed unanimously. Public Hearinq - Sand Companies: Chair Utsch called the public hearing to order and stated the purpose of the hearing is to consider the following variances to allow a mixed density development on the property known as Morningside Acres. St. Joseph Code of Ordinances 52.29 subd. 7 (c) requires the rear yard setback to be 40 feet - from the property line in a R3 Zoning District. - Draft July 26, 2004 Page 2 of 5 . St. Joseph Code of Ordinances 52.19 subd. 4 (b) states driveways must be setback 75 feet from wetlands. St. Joseph Code of Ordinances 54.16 subd. 3 (r) states that the one-foot freeboard contour above the high water level shall be at least one hundred feet from any building pad. St. Joseph Code of Ordinances 54.16 subd. 4 (e) states that every lot must have at least the minimum required frontage on a public dedicated street other than an alley. The request for variance has been submitted by Sand Companies, 366 South 10th Avenue, Waite Park, MN 56387. Jim Sand appeared before the Planning Commission representing Sand Companies. Sand stated that during review of the preliminary plat it was noticed that variances would be required to satisfy setback requirements from holding ponds. The granting of the variances can be used to illustrate to the MN Housing Agency City support of the project. Weyrens stated that the City received a letter from Tom Homan of 295th Street stating his opposition to the granting of the variances. The letter states that while he is supportive of the project, the City should enforce the governing Ordinances. No one from the Public wished to speak and the Public portion of the hearing was closed. Utsch requested clarification on the letter from the Stearns County Engineer. Weyrens stated that the Stearns County Engineer must review all plats before consideration by the governing jurisdiction. The City has recently received the comments from the City Engineer regarding Morningside Acres, and his comments indicate, "consideration should be given" to the construction of right and/or left turn lanes. . Weyrens stated that she has reviewed the matter with the City Engineer who is requesting that a traffic study be completed to determine if the turn lanes are needed. Without completing that exercise, due consideration is not given. Sand expressed frustration with the comments of the County Engineer as they have tried on numerous occasions during the platting process to receive his comments. The comments come at a time when the plat should be finalized. Weyrens responded that the plat can continue to move forward provided that Sand Companies agrees to comply with the results of the traffic study. This agreement can be included in the Development Agreement. If Sand Companies does not wish to add this requirement to the Agreement; the Planning Commission should table action on the plat. Since the Planning Commission is meeting next week, the Commission agreed to table this matter, giving Sand Companies additional time to consider the requirements of the County Engineer. Deutz made a motion adopting the resolution recommending the Council approve the following variances with contingencies: 1. 10' variance on the rear yard setback (building only). St. Joseph Code of Ordinances 52.29 subd, 7 (c) 2, 56' variance on the distance of a driveway to the wetland. St. Joseph Code of Ordinances 52,19 subd. 4 (b) 3. 50' variance on the setback to a holding pond. St. Joseph Code of Ordinances 54,16 subd. 3 (r) 4. Variance requiring all buildings to front a public street. St. Joseph Code of Ordinances 54,16 subd. 4 (e) Contingency 1: The variances are based on the development plan submitted. In the event that the plan is changed, the variances become null and void. - Contingency 2: It shall be the responsibility of the developer to request an extension of the - variance request if the project does not commence before August 5, 2005. Draft July 26, 2004 Page 3 of 5 . The motion was seconded by Kalinowski and passed unanimously. Lesnick made a motion to table the Preliminary Plat until the next meeting. The motion was seconded by Deutz and passed unanimously, Public HearinQ - Pond View RidQe 8: Chair Utsch called the Public Hearing to order and stated the purpose of the hearing is to consider the platting of Outlot B; Pond View Ridge 6. The property is being platted to allow the construction of two single-family dwelling units. The request for platting has been submitted by Pond View Ridge LLP; Bob Herges/Rick Heid; 25 - 11th Avenue North, St. Cloud, MN 56303. Pond View Developer, Bob Herges, approached the Planning Commission on his own behalf. Herges stated that outlot B was intended to be developed at a later time, when access was available. The extension of services to two residents abutting 16th Avenue provided the needed access. Herges stated that he was contacted by the City to share in the utility extension and he agreed to do so. While the outlot could have been split through the administrative process, Herges preferred to plat the property. No one from the Public wished to speak and the Public portion of the hearing was closed, Weyrens reported that the City is completing the construction project and the Engineer has recommended approval of the plat, contingent upon the securing of easements and execution of the Development Agreement. Upon being questioned, Weyrens stated that the two lots created through the platting of Outlot B meet all the Ordinance requirements of the Single Family zoning district. Deutz made a motion to adopt the resolution recommending Council approval of the preliminary . and final plat of Pond View Ridge 8. Approval is contingent upon acceptance by the City Engineer and execution of the Development Agreement. The motion was seconded by Lesnick and passed unanimously. Public HearinQ - Foxmore Hollow: Chair Utsch called the Public Hearing to order and stated the purpose of the hearing is to consider a variance from the required setback from a holding pond and a variance waiving the requirement that a holding pond must be located on a separate outlot and to consider a Special Use Permit to allow for the construction of a 16-unit apartment complex. The property being considered for variance and Special Use is legally described as Lot 19, Foxmore Hollow. St. Joseph Code of Ordinances 54.16 subd. 3 (r) states the one-foot freeboard contour above the high water level shall be at least one hundred feet from any building pad. St. Joseph Code of Ordinances 54.16 subd. 5 (e) states that the area containing the pond or basin shall be platted as an outlot and dedicated to the public for drainage purposes. St. Joseph Code of Ordinances 52.29 subd. 2 (a) requires a Special Use Permit for multiple dwellings over 12 units. The request for Variance and Special Use Permit has been submitted by Foxmore Hollow LLP; Bob Herges/Rick Heid, 25 - 11th Avenue North, St. Cloud, MN 56303. Linda Brown, spoke on behalf of the developers. Brown stated the Developer has submitted all the required information and has received a letter from the County Engineer approving the plat. Similar to Sand Companies, during plat review it was noted that two setback variances are required in relation to the distance of development to the holding pond area. The City Engineer has reviewed the variances and has recommended approval. - ~ Draft July 26, 2004 Page 4 of 5 . Jerry Barlows, Northern Natural Gas, expressed concern that the high-pressure gas line is not indicated on the plat. Barlow stated it is his understanding the gas line extends across the north west corner of the plat. Weyrens responded that the plat has been forwarded to Northern Natural Gas for rev~ew. Brown stated that it is her understanding that the gas line does not cross the development, rather It follows the boundary line. Weyrens stated that the City received a letter from Tom Homan of 295th Street stating his opposition to the granting of the variances and special use permit that will allow the construction of an R-3 Facility containing 16 units. The letter further states he opposes the construction of the apartment complex and encourages the City to deny the variances, enforcing the governing Ordinances. No one from the Public wished to speak and the Public portion of the hearing was closed. Deutz expressed concern with the location of the gas line and questioned how the plat could be designed without locating the high pressure line. Brown stated she will research the matter before the final plat is presented to the City Council. Utsch stated that the Park Board has requested a sidewalk or trail connection from Foxmore Hollow to CR 121, Utsch questioned if the sidewalk is included in the proposed plat. Brown responded that the trail will be located north of the apartment complex and is sited on the plat. Graeve questioned if the City allows a holding pond to be located on private property. Weyrens stated that this is done for commercial and industrial lots and in a situation where the outlot is attached to a single owner/development, such as the apartment complex it is permissible through the variance process. The City would not allow a holding pond for a single family housing development to remain private. The developer will be required to maintain the holding pond to the City standards with this requirement attached to the annual rental license. In the case of Foxmore Hollow, they did not necessarily want to . retain ownership of the holding pond, but the area was needed to meet the density requirements. In reviewing the site plan, the following items were discussed: · Landscaping - The plan indicates that a variety of large diameter trees will be planted. This requirement must be fulfilled before a Certificate of Occupancy can be issued. · Signage - The apartment complex will include one sign that will meet the Ordinance requirements. · Refuse - The refuse receptacle will be fully enclosed. · Lighting - The lighting plan has not been completed but it will be submitted to the Building Official for review. · Parking - According to the parking calculation for this property, they are required to have 55 parking spaces, which are indicated on the site plan. · Exterior Requirements - The exterior of the building will consist of a neutral colored siding and brick with colored shutters. · Tot Lot - This is not a requirement for the development, but the Planning Commission members made a friendly suggestion for the developer to look into a tot lot for the area. Loso made a motion accepting the resolution recommending the Council approve the following variances and Special Use request of Foxmore Hollow LLP for a mixed density development with contingencies, The motion was seconded by Lesnick and passed unanimously. 1. 50' variance on the setback to a holding pond. St. Joseph Code of Ordinances 54,16 subd. 3 (r) 2. Allow the holding pond to remain in private ownership. St. Joseph Code of Ordinances 54.16 subd, 5 (e) - ~ Draft July 26, 2004 Page 5 of 5 . 3. Special Use Permit to allow the construction of a 16 unit apartment facility. St. Joseph Code of Ordinances 52.29 subd. 2 (a) Contingencies 1. The developer shall maintain the holding pond using the standards of the City. The maintenance of the holding pond shall be linked to rental license and failure to maintain the holding pond will result in a suspension of the rental license. 2. The exterior of the building will be neutral colors and the building will be adorned with shutters. Weyrens stated that the Planning Commission has previously approved the preliminary plat and the last action required is the approval of the final plat. Kalinowski made a motion adopting the resolution recommending the Council approve the final plat entitled Foxmore Hollow. Approval is contingent upon approval of the City Engineer and execution of the Development Agreement. The motion was seconded by Deutz and passed unanimously. Adjourn: Lesnick made a motion to adjourn at 8:00; seconded by Loso and passed unanimously. Judy Weyrens Administrator . ~ - Draft 8-2-04 Page 1 of 5 . Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, August 2, 2004 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair (Council Liaison) Gary Utsch. Commissioners: Mike Deutz, Sister Kathleen Kalinowski, Marge Lesnick, Jim Graeve. Administrator Judy Weyrens. Others Present: City Engineer Tracey Ekola, Jim Sand, Jeff & Elaine Ramler, Kathryn Kalkman, Branden Kappes, Nettie Pfannenstein, Rick Packer, Tim Erkilla Approve Aqenda: Lesnick made a motion to approve the agenda; seconded by Deutz and passed unanimously. Sand Companies. Preliminary/Final Plat Morninqside Acres: Weyrens reported that the Planning Commission has already conducted the required Public Hearing for the preliminary plat entitled Morningside Acres. At the July 26, 2004 Planning Commission, approval of the plat was tabled to allow Sand Companies additional time to review the request of the County Engineer. The County Engineer had requested the consideration of left and right turn lanes to the development to efficiently move traffic. Based on the request of the County Engineer, the City Engineer referred this matter to a traffic Engineer who has since submitted a report. The preliminary report indicates that the turn lanes will be needed and they should be the responsibility of the developer. City Engineer Tracy Ekola stated that she is in the process of reviewing the cost of constructing right and left turn lanes. Once the costs are determined the County Engineer must review the plans and associated costs, Jim Sand, representing Sand Companies, stated that he does not wish the plat to be tabled again. If the utilities are to be extended this fall, the plat needs to be approved. Utsch questioned Sand if he is willing to agree to the costs of the left and right turn lanes and if so the plat could move forward. Sand stated . that he cannot agree to the construction of the lanes without knowing the costs of such. Ekola stated that at this time the County Engineer has not reviewed the results of the traffic study as it has just been completed. Before the lanes can be constructed the County Engineer must approve the plans. Weyrens stated that the plan can move forward if the developer agrees to the terms of the lefUright turn lane and if the plans are approved by the County Engineer. The approval can be contingent upon those terms and if at some point the developer does not agree to the requirement, the plat can be referred back to the Planning Commission. Kalinowski made a motion to adopt the resolution recommending the Council approve the Preliminary and Final Plat entitled Morningside Acres. Approval contains the following contingencies: 1, Approval of the City Engineer 2. Execution of the Development Agreement between the City of St. Joseph and Sand Companies. 3. Sand Companies must agree to the cost sharing and/or construction of the left/right turn lanes from County Road 121 as recommended by the City and County Engineer. Failure to agree to the terms will render the plat denied, sending the plat back to the Planning Commission for further consideration. The motion was seconded by Graeve and passed unanimously. Safe Shred. Development Plan: Jeff Ramler, owner of Safe Shred, approached the Planning Commission seeking approval of his development plan to construct a 12,000 square foot facility in the St. Joseph Business Park, Weyrens stated that the plan submitted is complete with the exception of lighting and sign detail. Ramler has not decided if a monument sign will be installed and if one is constructed he will meet the Ordinance requirements. With regard to the lighting, the architect will provide lighting details with the building permit. Based on the submitted plans, the proposed facility meets or exceeds all - Ordinance requirements. - Draft 8-2-04 Page 2 of 5 . Weyrens stated that the only outstanding issue is the extension of utilities. The property where the facility is to be built has been subdivided since utilities were installed. Therefore, the lot in question does not have a stub for water and sewer. Since the road is only two years old, the City does not encourage the developer to cut into the street for utilities. City Engineer Tracy Ekola stated that they are researching alterative methods to extend utilities including the possibility of constructing a shared service. Graeve asked Ramler to give the Planning Commission members a brief summary of his company and what they do. Ramler stated that he and his wife are the owners of Safe Shred and that they have been in business since 1997. Currently, they have 175 customers and they shred about 40 ton of paper per month. They have boxes set up in various locations in which people can put paper that they would like to have disposed of. He goes to the various locations and gathers the papers that are to be shredded and takes them back to their facility. Ramler stated his customer base is diverse and includes accountants, law firms, and medical facilities. They currently have two part-time employees who work approximately 20-30 hours/week. When questioned if the shredder will create a noise problem, Ramler stated that it will not as the building is pre-cast. Deutz made a motion to recommend that the Council authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Safe Shred to construct a 12,800 square foot facility contingent upon approval of EDA. The motion was seconded by Kalinowski and passed unanimously. Interim Use Permits: In 2003, the Planning Commission issued three Interim Use Permits, (IUP) for Owner Occupied Rental Units. The IUP's all required annual review at which time any and all Ordinance violations would be considered. The Commission agreed to consider each IUP individually, starting with Kalkman, Utsch informed those presented that they would have an opportunity to speak for/against any IUP. . 1. Kathryn Kalkman - 209 East Minnesota Street: Nettie Pfannenstein approached the Commissioners and stated that she lives across the street from Kalkman and is only aware of one incident involving bad judgment. Pfannenstein stated that she had to contact the Police one evening when Kalkman decided to have a few friends over and sit around a bon fire. It was extremely dry during this time and the flames reached extreme heights. After contacting Kalkman the fire was controlled. Pfannenstein stated that she decided to contact Mr. Kalkman to further discuss the matter. Pfannenstein stated that she was concerned about adding another rental property to the neighborhood and opposed the issuance. However, Phannenstein stated that Kalkman is an example for other properties. Since she has moved in the property has been cleaned and maintained, The only concern she has is the number of tenants that are living in the house. Pfannenstein recommended the Planning Commission extend the IUP for another 12 months. Weyrens stated the property records have been reviewed and the City did not receive any complaints other than that of the bon fire. Deutz made a motion to renew the Interim Use Permit for Kathryn Kalkman at 209 East Minnesota Street for an additional 12 months. The motion was seconded by Lesnick and passed unanimously. 2. Mike Bader-101 5th Avenue NW: No one present wished to comment. Weyrens stated that the property owner is requesting to renew the rental license but could not attend the meeting. The property records have been reviewed and - the City did not receive any complaints regarding this property. - Draft 8-2-04 Page 3 of 5 . Kalinowski made a motion to renew the Interim Use Permit for Mike Bader at 101 - 5th Avenue NW, The motion was seconded by Deutz and passed unanimously, 3. Brandon Kappes - 32 1 st Avenue SE: No comments from the public. Weyrens reported that Kappes has not completed the rental license process. The Rental Housing inspector inspected the property, but Kappes did not follow through and pay the fee or request a re- inspection for the items needing correction. It appears as if he has been renting to at least one individual over the past year which would be a violation as the property was not licensed for rental. Kappes approached the Council to discuss his Interim Use Permit. He stated that he has not rented to anyone last year. He stated that he and his friends work late hours and that he frequently has friends over after work, but he assured the Commissioners that he has no renters at this time. Utsch stated that there is always more than one car parked in his yard and that his rental license has lapsed. He also mentioned that the backyard has not been cleaned which was a requirement. Kappes responded that he is working on the parking issue, as he was told last year that he did not have sufficient parking for two renters. Kappes stated that he has been working with the Building Official on alternative parking areas as he does not want to remove the curb or cut down any trees. Weyrens stated that the approval for an Interim Use Permit is only valid for 12 months. If a rental license is not secured by October, the property owner must start the process over, including payment of the hearing fee which will require the Planning Commission to conduct a new public hearing for the issuance. The Planning Commission informed Kappes that he must resolve the parking issues . before October 2,2004 or the IUP is null and viod. At this time an extension of the IUP is not appropriate. Lesnick made a motion to table renewal of this Interim Use Permit for Brandon Kappes until all outstanding issues are resolved. If the matter is not resolved by October 2, 2004 the Interim Use Permit is null and void, The motion was seconded by Graeve and passed unanimously. ARCON Development: Rick Packer and Tim Erkilla approached the Planning Commission to discuss the proposed development entitled Rivers Edge. Rick Packer introduced himself to the Commission and stated that Arcon Development owns the property and will be developing the same. Erkilla that his firm, Westwood Professionals, has been retained to engineer the proposed development. Erkilla stated that he and Packer have been working with the City Staff to design a concept plan. As of this time the property has been annexed and the environmental process has been completed. The developer chose to complete the AUAR process for the environmental which is the most comprehensive environmental process. The AUAR process has just been completed which expanded over a 9 month time period. The proposed plat consists of 881 residential units and various housing types such as custom lots, entry lots, patio lots, town home units, apartment units and a senior campus. Rivers Edge will be developed using the PUD process to accommodate the various housing types. To follow is a summary of discussion items. FundinQ of the Study: Graeve questioned who provided funding for the AUAR. Weyrens stated that the developer contracted and paid for the study. Throughout the entire process the City reviewed the documents and provided input. Wetland Area: Lesnick questioned how much of the proposed development area is considered wetland. Packer stated that there is 60+ acres of wetland and that ~ of the area dedicated for ~ parkland is wetland or a designated floodplain. ~ Draft 8-2-04 Page 4 of 5 . Reqional Park: Utsch stated that Stearns County has a desire for the Cit~ to provide a Ca~oe Park which would be regional in nature. While Stearns County is requesting the preservation of the land abutting the Sauk River, they have no desire to own or fund the park development. They will however provide technical assistance. Lot Size: Utsch questioned how the lots will be laid out and whether or not they will meet the Ordinance requirements. Utsch questioned the notation on the concept plan indicating a 50' frontage on some housing types. Utsch stated that the plan must meet the density requirements of the Ordnance. Ekola stated that she has some comments in regard to the Concept Plan that ARCON submitted. One of the concerns is the road designation. The transportation network needs to be reviewed to assure that collector streets are provided to move traffic efficiently and some of the neighborhood roads should be revised to empty to a collector street. In addition, Ekolla stated that the concept plan includes private streets and the Planning Commission needs to determine if such will be allowed. Deutz stated that Ordinance was changed prohibiting private streets and questioned the inclusion of such. Weyrens stated that in the area designated for senior living, the private roads may be appropriate as they have a higher need for security. Packer said he understands the City's reasons for wanting public roads, but stated the City needs to understand the difference between a private road and a private driveway. The town homes, patio homes, and apartments would have private driveways. Ekola stated that she also has concerns with the proposed park area and access to the park. Ekola identified the following areas of concern: 1. Park Entrance - Based on the concept plan there is not a designated entrance to the park and if . the park is to be regional, an entrance should be provided. 2. Park Visiblity - The park should be visible from County Road 121. This can be accommodated by removing some of the single family homes that abut the park. 3. Park Access - Minimally the park should have three vehicle access and four to five pedestrian access points. Again this is based on the size of the park and regional concept. The park as illustrated on the current concept plan has the appearance as a neighborhood park with private access. 4, Park Topography - The plan indicates an area will be borrowed, what does this mean? Additional data should be provided so the Park Board know exactly how much of the area designated as park is useable park space. The concept plan indicates a holding pond in the Park, how big is the holding pond? 5. Trail Extension - A master trail plan should be developed for the proposed development providing a continuous trail within the development and a connection to the existing City trail. Packer stated that before some of the concerns addressed by Ekola can be resolved, the Park Board needs to determine who will own the park, and what type of park they want. Packer stated that he will meet the requirements of the City but needs to have them identified first. The Planning Commission discussed the proposed lot configuration and if the development meets the density requirements, Packer stated that he is proposing a curvilinear development which will create uniquely shaped lots. Development using a curvilinear pattern tends to reduce speed creating family friendly neighborhoods. The topography of the property and required holding ponds also create a-typical lots. Packer stated that all the lots in the development will be buildable and he will have more specifics when the details are prepared. However, before the details can be prepared, he needs to know if the concept is acceptable. Utsch addressed the issue of affordable housing and stated the City is not going to allow for 50' lots even ~ if the developer claims they are going to build affordable housing. Utsch stated that there is no way to .- Draft 8-2-04 Page 5 of 5 . assure that those size lots will have affordable houses on them. Packer stated that he is an advocate of affordable housing, but he cannot construct a house for $130,000. Graeve questioned the protection of the Sauk River and if in Ekola's opinion the area is protected. Ekola stated that the developer has done more to protect the river than that required by the DNR. Packer assured the Planning Commission that the development will not destroy the shoreland and he too has a desire to preserve the area. The Planning Commission by consensus accepted the concept plan for River's Edge and instructed Packer to contact the Park Board before beginning the Preliminary Plat process. September Meetinq: Due to the September Planning Commission meeting date falling on Labor Day, Weyrens asked the Commissioners to chose an alternate date to which it was determined the regular meeting will be held on Wednesday, September 8, 2004 7:00PM Adjourn: Lesnick made a motion to adjourn; seconded by Deutz and adjourned by consensus. Judy Weyrens Administrator . - - . CORRECTED CITY Of ST. JOSEPH, . www.cityofstjpseph,ëom City of St. Joseph Public Hearing The Planning Commission for the City of St. Joseph will conduct a public hearing on Wednesday, September 8,2004 at 7:00 PM in the St. Joseph City Hall. The purpOse of the hearing is to consider an Interim Use Permit to allow an owner occupied rental unit in an R-1, Administrdtor Single Family Zoning District. The property is located at 736 College Avenue South. ludy Weyrens St. Joseph Code of Ordinances 52.27. subd 5 allows for an Interim Use permit as follows: Mãyor Residential rental provided the unit is owner occupied arid provided the room (s) rented does , not contain separate kitchen facilities and is not intended for use as an independent residence. Lðrry I, Hosch Forpurposes of establishing if the property is owner occupied, the owner must be a natural person and the owner occupying the property as his or her principal residence and must own a Councilors fifty percent (50%) or greaterínterest in the property. AI Rdssier The request for Interim Use has been submitted by Jim Odegard, 736 College Avenue S, St. Ross Rieke Joseph MN 56374. Gdry Utsch Ddle Wick Judy Weyrens Admini?trator Note: Minnesota Statute requires mailed notice to all property owners within 350 feet of a . variance, special use, interim use or rezoning request. U 11il:1 College Avenue/CR 121 .' ~. Jim Odegard í ~ " ..~~~ I - - 2'Í Coil e g e A v e n u e Nor t h . P OB 0 x 6 6 8 . S din t, 0 s e ph, M inn e sot d "Í 6 , 7 4 Phone ,20.,6,.7201 ' I:d x 120.,6,,0,42 APPLICATION FOR INTERIM USE PERMIT . CITY OF ST. JOSEPH 25 College Avenue NW Fee $ Paid P. O. Box 668 Receipt # St.Joseph, MN 563J4 Date (320)363-7201 or Fax (320)363~0342 STATE OF MINNESOTA) )ss COUNTY OF STEARNS) ð J%~=d PHONE: 3dD~(3b3-IJJr NÀME: ~j{æ ADDRESS: .5 G .', , A'i~ I/We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City olSt. Joseph, Steams County, Minnesota, (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): ~-efi'-:+í r\ ~ 1. Appli ation is hereby made for Interim Use Permit to conduct the following: 2. . 3. Present zoning of the above described property is: 4. OJR-jQ.\ J 5. s of the ~rea? Please explain: ý.e-S (II., 6, h-e.... 7. 8, . RESOLUTION OF FINDINGS A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA APPROVING THE REQUEST FOR AN INTERIM USE PERMIT FOR JIM ODEGARD. WHEREAS, the Planning Commission received a request for an Interim Use Permit allowing for an owner occupied rental with no more than two tenants: and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing to be held on September 8, 2004 before the St. Joseph Planning Commission; and WHEREAS, the Planning Commission duly opened the public hearing and accepted testimony on the application. After all those wishing to be heard testified, the hearing was closed and the Planning Commissioners discussed the Special Use request. NOW, THEREFORE IT BE RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that it adopts the following findings of fact relative to the interim use request. Finding A: Consistent with current zoning rules for owner occupied rentals. Finding: St. Joseph Code of Ordinances 52.27 subd 5 allows for an Interim Use permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. . Finding B: Unit is owner occupied. Finding: St. Joseph Code of Ordinances 52.27 subd 5 states that for purposes of establishing is the property is owner occupied, the owner must be a natural person and the owner occupying the property as his or her principal residence and must own a fifty percent (50%) or greater interest in the property. BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby requests the City Council approve the request for an Interim Use Permit for Jim Odegard with the following contingencies: Contingency 1 The Planning Commission will review the license annually verifying Ordinance Compliance. Non Compliance of the St. Joseph Code of Ordinances may result in suspension or revocation of the rentallicens. Contingency 2 The rental license in non-transferable and if the property is sold or the ownership changes so that the aforementioned no longer owns a 50% or greater interest in the property the Interim Use Permit is null and void. . Contingency 3 Approval of the Rental Housing Inspector ADOPTED this day of July, 2004. BY: CITY OF ST. JOSEPH Gary Utsch, Planning Commission Chair ATTEST: Judy Weyrens, Administrator . .