HomeMy WebLinkAbout[06] Public Hearing, Schreiber Interim use
Planning Commission Agenda Item
MEETING DATE: July 13, 2015
AGENDA ITEM: Public Hearing, Interim Use Permit
rd
Ken Schreiber, 32 3 Ave SE
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
rd
granting an Interim Use Permit to Ken Schreiber allowing an owner occupied rental unit at 32 3 Ave SE
with a maximum density of two tenants.
PREVIOUS PLANNING COMMISSION ACTION:
rd
BACKGROUND INFORMATION: The City Office was made aware of a potential rental unit at 32 3 Ave
SE and sent a compliance order on May 12 to the property owner, Ken Schreiber. After he received the
notice he contacted the City Office and made application for an interim use permit.
ATTACHMENTS: Request for Planning Commission Action
Hearing Notice
Application Form
Compliance Order
Findings of Fact
REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and
Administrator to execute the Findings of Fact recommending the Council issue an Interim Use Permit to
rd
Ken Schreiber to operate an owner occupied rental unit at 32 3 Ave SE.
This page intentionally left blank
. �. CITY OF ST. OS�PH
1
�vwvn.cityof stjoseph.com
Public Hearing
City of St. Joseph
Interim Use Permit
The St. Joseph Planning Commission shall conduct a public hearing on Monday, July 13,
2015 at 6:10 PM at the St. Joseph City Hall, 25 College Avenue North. The purpose of the
hearing is to consider an Interim Use Permit to aliow an owner occupied rental at 32—3`d Ave
Administrator SE.The property is legally described as .20A. S70'of that part of NE4SW4 N of Lodemeier's
)udy Weyrens Addition, City of St. Joseph.
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
R��k S�hulrz purposes of establishing if the property is owner occupied, the owner must be a naturat 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 recorded deed or recorded contract for deed.A purchase agreement will not be accepted as
Maa K�Ilam evidence of ownership.
Bob Loso
Renee Symanietz Kenneth Schreiber, 32—3`d Ave SE, St.Joseph, MN 56374, has submitted the request for
Dale V��ck Interim Use.
Judy Weyrens � � ,
Administrator � �; �� M� � �
� .�..,�,_.�,.�� �� '�
�.�.�.�, --� � � � '� �,��°� �
Publish: June 26, 2015 �� ��,� � z� ' ' '
--,� � f
����r'�': � ��� ��� � �``°�� �' ��
,�_�,.,,�.�:;� �-�'� �.�--��..�� �`� �,'`��:�-
_�,�"��°�� .� r����� ,fi ' �.,
��� .' ;.� �.,��� ,.�....� _ �f�� '"'^--
�a� �,,, �. ""�"`��'—�'�� ��"w
�. +:� �� � �"'�°°� �r«-- .
� ' � �� . �
sa��r�> ���'...,_.
zs College Avenue North • PO Box 668 • Saint �oseph, Minnesota 56374
Phone 3z,o.363.7z,oi Fax 3zo.363.0342
Attn: Judy Weyrens, Zoning Administrator
PO Box 668
St. Joseph MN 56374
Phone(320)363-7201 Email:Levrens(a�citvofstioseqh.com Fax(320)
363-0342 Website: www.cityofstioseph.com
PLEASE KEEP THIS MATERIAL FOR YOUR INFORMAITON
,r-,�� ,
Application received by on � �
rw►•.ciq•of stjctisc�rh.cnm
GITY OF ST. ]OSEPH APPLICATION FOR INTERIM USE PERMIT
❑
❑ -
Application for Interim Use Permit for Owner Occupied Rental
Application for Interim Use Permit for Non Owner Occupied Rental
According to Ordinance No. Section of the St.Joseph Code of Ordinances
APPLICANT I FORMATION:
,
Name(s):
Address, City, State, and Zip Code: ,��������,"��. ./�/�
v � ��5�`S�L�
hone Number(s}• �2 �
E-mail Address• �t
PROPERTY OWNER INFORMATION:
J
Name(s): �n�,�P�f ���Y,p16�
ddress, City, State, and Zip Code: �„3����J�� �, ,; —'��o,�i1•�,��'v-'��j/
7 7'
hone Number(s): ���"'I Q�/�
E-mail Address: ,(�I/h
Street Address of Subject Property��L�� �/`�
Total Area(Acres or Square Feet)of Subject Property
ApplicanYs Interest in Subject Property:❑ Fee Owner(attach evidence) ❑Other, specify below
1. Complete egal Description of Subject Property
�� �n���' �,�r��.���r1�e� G���um��I�
2. State exactly what will be done on the roperty if the Interim Use Permit is granted
—L l������� �YGZ �:r��'f'D'B�S �!� �lil/�✓✓ f� _...
� �
��'�ly�! ���Yl✓s., ��j7� �Gv1'I�'YG�G���'d/�/J
� ����
�
3. Explain why you are requesting to use the property as described above:
�",Q",��.,���YI L,(!`!'J�� �P.� �„/1��r1'j ��S'�
�`�,� m��,,,-�,
�° � p��'j���r,�
���
f HEREBY CERTIFY THAT I HAVE READ, EXAMINED,AND UNDERSTAND THIS APPLICATION AND
THAT THE INFORMATION SUSMITTED HEREIN AND ATTACHED HERETO IS TRUE, ACCURATE,
AND CORRECTLY STATES MY INTENTIONS.
Applicant Signature(s) Date
Appiicants Printed Name
J
Property Owner Signature Date
Property Owner Printed �������,1i�P�{�P[� Name
STAFF USE ONLY:
Application Fee�`t��� Received b �,���
�� CS
Date Notified of �(, L Compieteness Date of
Hearing '�'L: �'� 1\�i--T��r���
Publication Date-S�Q, �(p�p�15
Planning Commission Action Approval Denied Date of Action
City Council Action
�
��°"�,�._
AMENDMENT TO CQNTR.A.CT FOR DEED
This Amendment to Contract for Deed dated as of October l,2013, is between James L.
Tembrock, a single adult, Seller,and Kenneth S�hreiber,Purchaser.
RECTTALS
WHEREAS,Seller entered into a Contract for Deed with Purchaser dated October 1,2012,
,
(hereinafter th�"Contra�t"),for the sale and p�re��,ase of re�l:prapercyy in the County of Steanns and
State of Minnesota described as follows,#o-wi,f:
All that part of the Northeast Quarter�f.i��'ou�hv�t��(t�'1�►�W y4)of Section Ten
(10),in Township One Hundred T�vcnty-�(1�4)P�iorth,of Range Twenty-nine(29)West
of the Fii�h Principal Meridian, in Stear�ss Courrty,Minnesota, lyittg and being within the
foliowing metes and.boundary lines,to-wit; $e�inning at the Northwest corner of Lot 1 in
Block 1 of Lodermeier's Addition to the Village of St. Joseph, according to the plat and
survey thereof,and ruiu�ing thence North alvng the Easterly lin�of Woodrow Wilson Street
in the Vill�.ge of S�Josegh,Minnesota,a distance of 70.Q0 fe,et;thence at right angles East
' and parallel to the Northerly line of said Lot 1 in Block 1 of said Lodermeier's Addition to
the East line of aforesaid NEl/.SWI/4;thence South along said East line to the Northeast
comer of said Lot i in Block 1 in said addition;thence Westerly along the Northerly iine of
said Lot 1 in Block 1 of said Addition to the plaee of beginning and there terminating; and
WHEREAS,Seller and Puxchas�r have determined that it is in their mutual interest t�o extend
the maturity date of the Contra.ct as hereinafter set f4rth;
I�TOW,THEREF4RE,in consideration of the mutual covenants and agreements hereinafter
set forth,the parties agxee to amend the Contract as follows:
1. Maturity Date. The maturity date of the Contract is hereby extended from September 30,
2013, to S�ptember 30, 2416, when the then pri�ncigal �lance, with aU accrued interest, shall
become due and payabie in fiill.
2. Mont�ily Pay�ments. Monthly installment p��mo�ts pf$4l�.56,or more at the option of
Pwchaser, shall caatinue during the extended term of th�+Contc•act r�r�n�ing Octaber 1, 2013,
and cantinuing on the first day of each succeeding month during said e�ctended teTm. Said payments
sha11 be eredited first to interest and the remainder to principal.
2. tere . Iaterest shall conlznue to accrue during the extended t�m of the Contract at the
raxe of faur(4.0%)per cent per aanum on unpaid balauces,due and payable wit�a and as a part of said
monthty installment payments,said payments to include both principal and interest.
1
+ .x
:;'`
��'�
�'
J;�°` 3. Confirmation of Contract. Except as herein amended,the Contract is hereby and in all
� respects ratified and confirmed.
IN WITNESS WHEREOF,the parties hereto h�ve causeti thi�.Amendment to Co�nt�tract for
Deed to be executed the day and yeu first above written.
SELLER: PURC SER:
,
---� �,�._.
JAMES L. MSROCiC TH SC IBER
��_
, � �i
STATE OF N9NNESOTA ) ����
�ss.
CQUNTY OF S'I'�ARNS ) '�����,�'
The foregoing instrument was acknowledged before me this f,�/t� day of
��_�'�,��(��, ,20 2 3, by 3ames L. Tembrock,a sin��-sdult, Seller.
,..--�
NOT _ �UBLiC
STATE 4F I�IlNNESOTA )
)ss.'
COUNTY C?F STEAI�NS )
Th�foregoing inst�ument was acknowte�ged`before me �"�f�' day of
,�?�����..- ,2U13,by I�enn iber, haser.
T LIC
THIS INSTRUMENT DRAFTEI)BY:
�AMES F,MA�RRIN -
Attorney at Law ��•�
111 South 7th Avenue " H��p,�
Saint Cloud A�15630 ' �
Tei. (320)253-4540 ���'�'�'�
NiN Attorney T3o. 67805
z
_ .
, ,,.��. _._. . _._ _ _. _ w� a.�.,_r_, �... ., .. �. ..�
��
. .�� 'f � �� f ih "�' I"r f � � . ,
..,.-.,, ts ..,�., .. . ..- __. ..._ . . .
I � j
4. � {�4`��,�a,�a�. ��?rR,�� �S �4'f� y.,�,'�:,. . ,;:. ��^:... ..d ,:�-. �`. '�^�
� �s� ' , .� � 7�h �`r " , - . . + .
, ���,.. � 'P�B .. ;' � `�� =. .�
� � ��� ����������
� � �� ��
�.�,�a.p.���.�. � M�._p.�h _..... _.. � �.��.
_�kb �_ ..
� _ � �_ b� �e � �_ ��_ � � �_ �����. __�.___��.. ._w... ., �
: �z.����M.�. �..��.�.�. _
_.� , . . _
, , .. _k . ��
t �r �� Rm ��_�.���w�.
9 _ r � .
�. �..�
y a� �. 3 4 �:,:. �.
; :✓ �
3 � f, _
: � ,„. .<„� .... ' � �
., .,,. .._ . ..
� � -, . .. ���_ . . . . . . . . . . . . .._ . . : . . �� w,>.,....�, „� ;,__ �. .v-... .
e j
$ � � � �
� 3 � �
;� � rv ° �
� � x
G �� rr` {�,y L 4
w, +1, P �,� �,T
t €� ,j ��� , � � �• �
� �-°�
+ � �w�
. c
� �
� � t � �
�
� � 4
�
f �
� �
i ll •
_ m_.�' � �� ��..�...�..��.�.> .�..�..�....�.�..w. �
�: , .. � �t� �".,�
� � � �� �
�: ,.& _ � :�
�.
� ��� r� �.�. . � �
� a�� �`
� -
, nc „ : � ��
�
�;
� � ��� � � ' ,� a . �'� ..
M s � ,
.
� � � �, . �, � _.,. ,.,
� ��-}'-"r ..'.1 ::d t, 'e"'Y. 17 ,r�. ,.�; 'q ri. ': . . _ . . .....-.-...w ,
, t .Y-.�► . -�� � _ �
a� �� ��� ��'_� ,
� �� .�:�.;�,�, .�.�.�....� .�.�.�.
� �.,�, � � ,.. ` � � �... .�
_ � .�� �
� � � �
� �� ,..,.���._�_�,'��,� �
.�...,,�... .��..a:� �-��`�"!�#.� �~-�
� � �-.� t.a..�..,.,�,..,�.
_lt�`�$�.� �a �� � ��?' �"�
Y� � �
���.��ry�,�
e � t ��� � �
; � 1 � �. � �
` ` �..� :� � �j �
� � � � � '�
�
�� ;� �
.. , ,
� .�. , � .. { w . .
� —� �,��� � �'��s��"�.�
t
� �R
�[r �
4 ! �
z � s
i �
� �
1 .
\
\
�
{ .. . . .-.._._ ._ �-_la_ __ _ __
��..,. , =s:: .: . ... �;.,y.
. a. ' �
' ��� � �
, �
t ' F� �� fi � ,.�.._.,.
;,.,, �;
,� �• s � .
� �, � �:,, �,. �, ��.
� '�,., ��,.. '`',; �-., `4�. �.� , v
��
, � , �� ,
a
� M. �
��. � � � �
,
,
� "
, •
l w
k � �4
a��R �" �^� �
,, ;
4 :. �
_ t
`. ��,',ry �...4 � { . . : .
, k �
u� .:.« :..a. �....,«.w a..�..�.,.,... .w.
� ry�.. �� � .,,.,—....,....._. _.«„«-_,.....�...s...���_� �•��..». .....,. ....���n.+ .
}�. �
`3.
n.� k"'>.. i � ..
���
,� �, �," _. � �� ��,.,.��,,
� a
i�,e, �C t����,� `
� �������
��� �—_
� ; � 3
� � ��, �� �� �
C� f � t � �, .
� �«-. r a t � . .:� .� ,....-., . � . .. _�'.....
` �'����� �!�►�C t
� �
,
.
. .� �
_ a � . _.,..�., . w �.
� _ �.._ ,
.� � _ ��,, �
�'���� t `� - � ` i � .,,, ��.. .� �r ,
��� � t � {�� ; .�.� �;�,�. m . �
. � � �.� � r� . ,.
q
� . �...,..of. �_ �`�* �.. _
_;��� .. _ .. .�. �
�: . �_�_.__ .� ._ �, ..� ..�� n.��.
� � � ,
� � . �'� �� -- ,.
_ � � � � _�
� �
�t
����. ; `��,,
`
'��
���� :� �
�
� � � ;
. � .�
� � �� � . �
•j;��fi � ,,,, � +
� °� �n ��"`� : �¢ . t ��c��tt� F��.4aR
''�s,� , � ��,
a � �� ,
�t � .
4
� �
,�
av �� �
, �.,
�� i G # �
,
._., �� 6 � w�-�_
. . �. ��,����:�.,..,�..��, ...,x._
. ,,, x
25 College Ave• PO Box 668• St. Joseph MN 56374
(320)363-7209 • (320)363-0342�FaxJ
May 12,2015
Ken Schreiber Administrative Violation: 201�033
32 3rd Ave SE Parcel Identification Number: 8453424-000
St.Joseph NIN 56374
Dear Mr. Schreiber:
Please be advised that the City has been notified of an alleged Ordinance violation at your property located at 32
3`d Ave SE. It is alleged that your property is in violation of the following 2011 St.Joseph Code of
Ordinances:
Section 55.04: LICENSING OF RENTAL UNITS.
Subd. l. Limitation on rental properties.All rental properties located in an R-1 or R-2 Zoning
District newly licensed or not covered by a valid Interim Use Permit(hereinafter"I.U.P") shall be
owner occupied as required by items"a" and"b"below.
a R-1 Property. Any property which is rented in an R-1 area must be owner
occupied and the owners may not exceed two in number. For the 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. For purposes of determining ownership,the owner/owners
must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will
not be accepted as evidence of ownership. In such an owner-occupied rental,the rooms rented
must not contain separate kitchen facilities and the rooms rented may not be intended for use as
an independent residence.
Section 52.27: R1 SINGLE FAMILY RESIDENCE DISTRICT
Subd. 5 (b) Residential Rental provided the property owner is relocating and the dwelling has
been actively for sale 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 purpose of determining ownership, the owner/owners must provide a copy of
a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as
evidence of ownership. For the purpose of determining applicability,the property owner must
provide a copy of the current listing agreement,with a licensed realtor, showing the property, is
currently being marketed. In addition,
VIOLATION It has been reported to the City that it appears as you are operating an
owner occupied rental unit without the necessary permits and license.
CORRECTIVE The City Office must receive a completed application for Interim Use
ACTION Permit or receive verification that you do not ha�e tenants.
REQUIIZED
Please note that the Ordinance does not define rent as a fixed
monetary amount,it can be trade barter or service.
COMPLIANCE June 19,2015
DATE
If compliance has not been achieved by the compliance date you may be issued an administrative citation and
the City will use all legal remedies a�ailable to resolve the matter.
CITY OF ST.JOSEPH
Sincerely,
C�r� -[�/2�L't S
Ju WByrens �
A inistrator
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Kenneth Schreiber AND DECISION
rd
Interim Use Permit at 32 – 3 Ave SE
Owner Occupied Rental – Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5
FINDINGS OF FACT
On July 13, 2015, the St. Joseph Planning Commission conducted a public hearing to consider
the application of Kenneth Schreiber for an Interim Use Permit to allow an owner occupied rental unit at
rd
32 – 3 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 Kenneth
Schreiber 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.
rd
5.On approximately June 10, 2015 the City Office was notified of a potential rental at 32, 3
Ave SE and a non compliance notice was issued, giving the property owner until June 19 to
resolve the matter.
6.On June 19, 2015 the property owner contacted the City Office and agreed that he was
renting a room in the home and thought that as long as he lived there he did not need to
have a permit. The City Office staff informed the property owner that if he intended to
continue renting, an application for interim use as well as the fee must be submitted no
later than June 22, 2015.
7.On June 22, 2015, Kenneth Schreiber submitted an application for Interim Use to allow an
rd
owner occupied rental unit at 32 – 3 Ave SE.
8.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 July 13, 2015.
CITY OF ST. JOSEPH
By
Rick Schultz, Chair
By
Judy Weyrens, Administrator