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Home My WebLink About[05] Public Hearing - Welsh [interim use non-owner occupied rental] .�r car i.�c�su,•E� Planning Commission Agenda 5 MEETING DATE: August 10, 2015 AGENDA ITEM: Public Hearing, Interim Use Permit Melissa Welsh, 38 Birch St E Non Owner Occupied Rental Unit SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Melissa Welsh, allowing a rental unit at 38 Birch St W. PREVIOUS PLANNING COMMISSION ACTION: In January of 2007 the Ordinance for B2 was modified to allow non-owner occupied rental units in a B1 Central Business Zoning District through the issuance of an Interim Use Permit. BACKGROUND INFORMATION: Approval for an Interim Use Permit would include a provision whereby the land use in the adjoining area is reviewed and when the majority of the area has been converted to Business Use the Interim Use permit sunsets and the property must be converted to a business use. While this property was once commercial,the property owner has indicated that the adjacent rental property is a hindrance to her business and she needs to find a way to utilize the property and consider relocating her business. ATTACHMENTS: Request for Planning Commission Action Findings of Fact Application Public Hearing Notice REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and Administrator to execute the Resolution recommending the Council issue an Interim Use Permit to Melissa Welsh, 38 Birch St E,with an expiration date of August 1, 2018. This page intentionally left blank City of St. Joseph IN RE: FINDINGS OF FACT Application of Melissa Welsh AND DECISION Interim Use Permit at 38 Birch Street East Rental in B2 Zoning District—as defined by St.Joseph Code of Ordinances 502.50 subd.6b FINDINGS OF FACT On August 10, 2015 the St.Joseph Planning Commission conducted a public hearing to consider the application of Melissa Welsh for an Interim Use Permit to allow a non-owner occupied rental unit at 38 Birch Street East. 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 Melissa Welsh 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 502.27 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. In 2007 the City also amended the B1 and B2 Zoning Districts to allow for rental licenses without the provision of owner occupied as means of transitioning the property. Property in B1 and B2 Zoning Districts that are not ready for conversion to business and were listed for sale had problems closing as if the property was destroyed it could not be re-built as a residential unit. The amendment allows the residential use to continue until a time the surrounding property is converted to business. 4. The provision to allow Interim Use Permit for transitional purposes limits the duration of the Interim Use Permit to three years, renewable for an additional three. If after that time the neighborhood is still not ready for conversion,the Interim Use Permit must be re-applied for with a new public hearing. 5. St.Joseph Ordinance 502.04.31.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. 6. On July 1, 2015, the property owner, Melissa Welsh, of 38 Birch St E contacted the City Offices to discuss the possible use of the property. While the property has been used as commercial the property owner indicated that the rental property adjacent to and east of 38 Birch Street E has changed the character of the area and the property is not suitable for commercial activities. 7. On July 1, 2015, the property owner, Melissa Welsh, requested an application for Interim Use so she could have some options for the use of her property and to allow her time to determine if she needed to move her business. The maximum density allowed is three unrelated persons. 8. Upon review of the application it was determined complete and met the criteria for issuance. 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 502.50 Subd,6 provide property owners in a B2 General Business Zoning district to seek an Interim Use Permit to allow non-owner occupied rental units until the property is ready for transition to the business use. Said provisions allow the Planning Commission to place a termination date on the Interim Use Permit and required annual review of the same. 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 Interim Use Permit shall expire when the majority of the property surrounding is redeveloped as commercial or within three years of August 15, 2018 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 August 10, 2015. CITY OF ST.JOSEPH By Rick Schultz, Chair By Judy Weyrens,Administrator . � �ITY OF ST. OS�PH � wWW.cityof stjoseph.com Public Hearing City of St. Joseph Interim Use Permit The St. Joseph Planning Commission shall conduct a public hearing on Monday, August 10, 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 38 Birch Street East. The property is legally described as Lots 13 and 14, Block 13 of Loso's Addition. �udy�Ueyrens St. Joseph Code of Ordinances 502.31 subd. 13 (a) allows for an Interim Use Permit as foAows: Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental unit for a specific period of time.The maximum density for rental Mayor units under the interim use permit shall be limited to the density which is allowed in the R-1, Rick Schultz Single Family Residential District. Counc;lors Melissa Welsh, Central MN Realty, 38 Birch Street East, St. Joseph, MN 56374, has submitted the request for Interim Use. Matt Killam Bob Loso Renee Symanietz �udy Weyrens Dale W�ck Administrator Publish: July 31, 2015 1�.;�,�,�.u,��. � � � � { � � �� : � _ __ �_ �� SN/P�YY tni^L 3f: d,#�'�tC .�t"' __ ,_._.. �.._._..__ __._.,—..,,____.n...�.�..,..:...._.....,...... I �,____-_, t�R°,tf``'t ,., kiif,i�3�,tg �__ t`_-� ._....�.�� Subj ck Pro �! �----�� ' I. 1.� � �� i� � �( } � ,,� � � �� , `i� � r.�._.... � ��,,��_�3�__:��'7' � ,� :�.. ,� . ..._.-,--,r�""� i � zS College Avenue North • PO BoX 668 • Saint �oseph, Minnesota 56374 Phone 320.363.720� Fax 3zo.363.o34a ��_�� , .��. ovod Application received by on � � � �5 ��IUO GC� LOsc� •`•`�"t�"{S`r°a`�'h`°`" APPLICATION FOR INTERIM USE PERMIT �CITY OF ST. JOS�PH �❑ Application for Interim Use Permit for Owner Occupied Rental �Q Application for Interim Use Permit for Non Owner Occupied Rental s� � According to Ordinance No. Section of the St. Joseph Code of Ordinances APPLICANT IN ORMATION: Name(s): Address,City, State, and Zip Code: �O l'� e I 1[(��n S"�" Phone Number(s): �"l��- �g� E-mail Address a- y� • �.OYI�(. PROPERTY OWNER INFORMATION: Name(s): �� '"`��a ��Y l� Address, City, State,and Zip Code: �J 0 � �� (�� Phone Number(s): �� ~ ,�W�7- � ') E-mail Address: ��R.� Street Address of Subject Property �Q�-�� Total Area(Acres or Square Feet)of Subject Property �d �� ApplicanYs Interest in Subject Property: ❑ Fee Owner(attach evidence) ❑ Other,specify below 1. Complete Legal Description of Subject Property -��n�e, -� ��,us►n,�m � � . 5 3 5 �� , b� 2. State exactly what will be done on the property if the Interim Use Permit is granted � 3. Explain why you are requesting to use the property as described above: ��C, rY1 I ��" � Gv� `�`U ��'�f 't'�'`�'�- g _ ��r� �c,� � �-�-e n� h��S � 5 I HEREBY CERTIFY THAT I HAVE READ, EXAMINED,AND UNDERSTAND THIS APPLICATION AND THAT THE INFORMATION SUBMITTED HEREIN AND ATTACHED HERETO IS TRUE,ACCURATE, AND CORRECTLY ST Y INTENTIONS. Applicant Signatur (s) Date � ` Applicants Printed Na Property Owner Sig ature Date 1 S Property Owner Printe me � � STAFF USE ONLY: Application Fee Received by Date Received Date Notified of Completeness Date of Hearing Publication Date Planning Commission Action Approval Denied Date of Action City Council Action Approval Denied Date of Action