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Home My WebLink About[06] Noise violation Ortman :��r�,rr, �.�c� u��E► Council Agenda Item 6 MEETING DATE: August 31, 2015 AGENDA ITEM: Noise Violation, 308 101h Ave SE Thomas Ortmann SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A PREVIOUS COUNCIL ACTION: The City Council approved the issuance of an Interim Use Permit to allow a non-owner occupied rental as the property owner had listed the property and was unable to sell the home. The Interim use permit will sunset on June 24, 2016 and is not eligible for renewal. BACKGROUND INFORMATION: The City Council has established a policy whereby all noise violations regarding rental properties are reviewed by the City Council. The process before the Council is twofold. First,the Council must determine if a noise violation did occur. It is up to the property owner to request an evidentiary hearing if they dispute the allegation. The evidentiary hearing is a very formal process where each side is represented by an attorney and the hearing is conducted in a court setting with the Council being the judge. In this case the City would hire a court reporter to document the proceedings. At the end of the hearing the Council would then make a finding. Very seldom has an evidentiary hearing been requested, as is the case with this violation. Once the Council made a determination that a violation did occur, the Council must then consider the disposition. The maximum fine allowed by Statute is$ 1,000. Previously the Council has based the fine on the severity of the violation and the cooperation of the tenants. The minimum fine has been $ 250.00 which covers the administrative costs of the violation. The action the Council is dealing with is the Rental License and the landlord. Even though the tenants are responsible for the actions, the City holds the landlord accountable. In separate action the Police can issue citations to the individuals. The noise ordinance violation before the Council is slightly different than past violations. This violation occurred at a property that has been issued an Interim Use Permit for a non-owner occupied rental license. The permit utilized the new provision where a property owner could make application for a rental license for up to two years if a property owner listed their home and could not sell. The City Office has received complaints from neighbors regarding noise and parking. This contact led to the letter that was sent to the property owner requesting they manage their tenants. In reviewing the property is was discovered that in May of 2015 the Police were called to the property and they were given a warning for the noise. This information was sent to the property owner with no response. On August 12 the Police Department again were called to the residence for noise and citations were issued to the two tenants. The property was notified via email and postal mail about the violations and did meet with the tenants. Part of the disposition of the Council is the continuance of the Interim Use Permit. As stated above this IUP will expire automatically on June 24 and cannot be renewed as the Ordinance was very specific that the issuance cannot be extended. The following is an extract of the Ordinance governing the IUP regulations that apply. 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, 1. The property must satisfy the parking requirements contained in this Ordinance. 2. The rental unit(s)must: A. Have a ceiling height of at least seven(7)feet; B. Contain adequate ventilation and fire escapes as determined by the Building Official;and, C. Meet all applicable rental codes as outlined in St.Joseph Ordinance 505 and Ordinance 505.06,Subd. 1. 3. Conditions of the Interim Use Permit A. If granted,the Interim Use Permit shall have a term of one year, which can be renewed for one additional one year. The property owner must make application for renewal and complete the rental license process as well. B. Under no circumstances shall the Interim Use Permit extend beyond two years and a renewed Interim Use Permit will expire and the end of the two year period. ATTACHMENTS: Request for Council Action Hearing Notice Incident Reports REQUESTED COUNCIL ACTION: As stated earlier,two separate motions are required. First the Council must determine that a violation did occur and then the disposition must be considered. . �, CITY OF ST. OS�PH 1 http:��mn stjoseph.civicp�us.com August 15, 2015 Thomas, Ellen, Timothy Ortmann Administrator 7376 9th St �udy�Ueyrens Buffalo MN 55313 RE: Alleged Noise Violation — 308 10t'' Ave SE Mayo� Dear Thomas, Ellen and Timothy: Rick Sch�ltz This letter has been prepared to provide you with notice and information regarding a Coun��lo�s proposed suspension or revocation of your interim use permit that allows for a non- Ste�e Frank owner occupied rental license at the aforementioned property. This action is being Bob Loso taken because of an alleged violation of Ordinance No. 1002 of the St. Joseph Re�ee Symdn�ec� Code of Ordinances. This violation is alleged to have arisen out of an incident on Ddle Vl/��k August 12, 2015 (copy enclosed). The St. Joseph City Council will review these allegations and consider appropriate action, including a suspension or revocation of your interim use/rental license. The meeting will be conducted on Monday, August 31, 2015 at 6:00 PM in the St. Joseph City Hall, 25 College Avenue North. At that time you are entitled to a hearing to be conducted in accordance with Minnesota Statutes 14.57 to 14.70. This hearing will be for the purpose of determining whether or not the alleged violation did in fact occur. At that hearing, you have the right to cross-examine witnesses and present evidence on your behalf. The proceedings will be video recorded. Based upon the evidence presented, the Council will then make a determination as to whether or not the alleged violation did in fact occur. If you wish to have an evidentiary hearing of this type, you must contact the City Administrator in writing at least five days prior to the scheduled Council meeting. If a request for hearing is not received by the City Clerk/Administrator at least five days before the hearing, you will then be considered to have waived your right to have an evidentiary hearing and no evidentiary hearing will be scheduled. A waiver of this right to hearing will be equivalent to an admission of the basic allegation (s) alleged herein and reported by the complaining party. If you waive your right to hearing, or if an evidentiary hearing is conducted and the Council determines that a violation did occur, then and in those events, the Council will proceed immediately to consider a disposition, which may include ZS College Avenue North • PO Box 668 • Saint �oseph, Minnesota 56374 phone 3zo.363.�20� Fax 3zo.363.o34z Thomas, Ellen, Timothy Ortmann August 15, 2015 Page 2 revocation or suspension of your interim use permit. Prior to the determination of disposition, you or your designated representative may address the City Council and at the time of disposition. In the event of a revocation or suspension of your rental license, the premises must be vacated of all renters, within thirty days of the Council action. Any rental occupancy occurring after that time may result in criminal charges. You have the right to be represented at the time of this meeting during either the evidentiary hearing, if requested, or the dispositional hearing. If you wish to have legal representation, you must hire your own attorney. If you have any questions regarding the law or your rights, I suggest that you contact an attorney to discuss this matter. Your failure to appear at this meeting will be considered an admission of the allegation and a waiver of your right to address the Council before the determination of a disposition. If you fail to appear, the Council will take whatever action is deemed appropriate and you will be notified of this action at a later time. The alleged noise violation is in violation of the Interim Use Permit you were granted on June 24, 2014, allowing a non-owner occupied rental. One of the conditions of the Interim Use Permit is to operate the property in accordance with the St. Joseph Code of Ordinances. It is my understanding that this is not the first time the police have been called to your property regarding noise. It was also noted that the property was in violation of the Ordinance regarding parking on the front lawns. Due to the alleged violations, the Building Official is only issuing a temporary Certificate of Occupancy which expires on August 31, 2015, it will be up to the City Council to determine if the Interim Use Permit should be continued, to its end date of June 25, 2016. If you have any questions or need additional information please feel free to contact me at 320.363.7201. Sincerel ��S Ju �Ve rens Y Y ministrator cc: Tom Jovanovich, City Attorney Mayor and Members of the City Council Police Chief Joel Klein T illllllllllllllllllllllllllllllllilllllllllllllllllllll * INCIDENTIARREST REPOR REPOR ER� ST.JOSEPH POLICE DEPARTMENT oRi o�siioo DATE FROM: 5-12-2015 TIME:11:33 PM DATE T0: 5-13-2015 71ME:12:07 AM REPORT DATE: &12-2015 Wed TIME:11:33 PM LOCATION: TYPE OF INCIDENT OFFENSE TRACT _ 31010 AV SE ST JOSEPH MN 56374 NOISE COMPLAINT 200 CASE STA7US: OISPOSITION � EXCEPTIONAL CLEARANCE CADE EXC CLEAR DAT£ � ARREST OF ADULT/ADULT AND ,'�� HOWRECEIVED: TIMEASSIGNED TIMEARRIVED TIMECLEARED RELATEDTOOCA � RADIO 2336 2345 0007 REPORTING OFFICER ASSISTING OFFICER REVIEIMNG OFFICER 19905 MANDERSCHEID,TRAVIS E 8609 MAGAAItD,DANIEL P ISN STATUTE OFFENSE DESCRIPTION � UCRlIBR STATUS COUNTS pEGREE 1 �NOLSE VIOLATION 09517 ARREST OF 1 BIAS MOTIVATION PREMISE TYPE ' ATTEMPTED ALCOHOL DRUOS CAMPUTER � � � L"�' (� � FORCED ENTRY UNRS ENTERED CRIMINAL ACTIVITY {L a 1. ' 2. 3. - OIMPLEMENT USED TYPE ENTRY - METHOD OF ENTRV YYP@ EXIT t. 2. 3. WEAPONUSED 1. 2. 3. NAME NOME CELI BERGEN,ALAINA ROSE ADDRESS . WORK EMAIL 204 GOLF CT COLD SPRING MN 56320- OOB AGE TO AG£ Jwenile RACE SEX RESIDENT ETHNIC�TY �N F 19 �, W F U� HElGHT WEIGHT EYE COLOR WUR COLOR HAIR LENGTH HAIR STYLE DLN STATE �. 504 115 GREEN F916090614716 MN �. CLOTHING AFFILIATION Url SMTS EMPIAYER EMPLOYER ADDRESS � RELATED OFFENSES: ' 09817 2, s. 4. 6. 7. B' SUSPECT ARRESTDATElfIME DISPOSITION J(NENILEDISPOS1710N ARRESTED � 8/12/201511:35:00 PM RELEASED ON BAIL OR OWN , �� E�N ARRESTLOCATION COUNTY �� INCIDENT � 204 GOLF CT COLD SPRING MN 56320- CTPY OF ST JOSEPH �� LOCATION NAME CHARGES e� �.09817 z.09817 3. 4, 5. 8. 7. 8. ARRESTINGOFFlCER ASSISTWGOFFICER � � 8609 MAGAARD,DANIEL P 1990.5 iv1ANDERSCHEID,TRAVIS E ADDITIONAL SUSPECTS REPORT NUMBER: 15801407 ST.JOSEPH POLICE DEPARTMENT oR Nuvo�siioo NAME HOME CELL STEWART,OLIVIA DANIELLE ADDRESS WORK EMAIL 11 PIIVE ST PINE PLAINS NY 12567 DOB AGE TOAGE Jwenile RACE SEX RESIDENT ETHNICITY SSN n �i W F 149-96-1700 F- ' V NEIGHT WEIOHT EYE COLOR HAIR CALOR HAIR LENGTH HAIR STYLE DLN STATE a so� i�o BROWN sxowiv = CLOTHING � AFFILATION . fi� SMTS EMPLOYER EMPLOYERADDRESS sr sENroicr RELATED OFFENSES: .09817 2. 3. 4. 8. 7 8• SUSPECT � ARREST DA1F/fIME DISPOSITION JUVENILE DISPOSITION . � ARRESTEO Lj g�12/201511:35:00 PM RELEASED ON BAIL OR OW[V � LOCATION ARREST LOCNTION COUNTV AREA � SAMEAS C� 11 PINE ST PINE PLAINS NY 12567 QTY OF ST JOSEPH � INCIDENT (� LOCATION NAME CHARGES i"j �.09817 z.09817 a. a. 5. s. 7. a. ARRESTMG OFFICER ASSISTING OFFICER � � 609 MAGAARD,DANIEL P 9905 MANDERSCHEID,TRAVLS E � NAME HOME CELL ADDRESS VWRK EMAIL � DOB AGE TOAGE Juvenile RACE SEX RESIDENT. ETHNIq7Y SSN � � � V HEIOHT WEIGHT EVECOLOR HAIRCOLOR HAIRLENGTH HAIRSTYLE DLN STATE Y� � = CLOTHING AFFILATION Grl SMTS . EMPLOYER EMPLOYER ADDRESS RELATEO OFFENSES: 2. 3. 4. 6. 7. 8. SUSPECT � ARREST DATEJTIME DISPOSITION JWENILE DISPOSR{ON � ARRESTED � LIX'.ATION � ARREST LOCATtON COUNTY �� SAMEAS �� INCIDENT �� LOCATION NAME CHARGES i'� 1. 2. 3. 4. 5. 8. 7. B. ARRESTINCi OFFICER ASSISTING OFFICER ADDITIONAUCONTINUATION NARRATIVE REPORr NunnaER:lSsoi�o� ST.JOSEPH POLICE DEPARTMENT oRi �uvo�siioo NARRATIVE TITLE Nauative Fxom CAD c��►p�af��Tm�: r��ts�- rra�s�ct�M�rr�� C�I�r kVanke:��Ft��7 ��fi4�l� (l�ce�: �f}fficer fd.77U�'NIAC�t�:F2 (7ifioer�+1$rse�: M��C?. �M,Af�tt�L O�Fiaer tc#:77TEIt�+1t�ER C�tficx�r 1��rr�e: M�A�DE�i�wCHi�fE},TFiAtJE� [U$113120t5�1�.�7:2fi;�vFOB :TJ�8j SJPD-158�t�U? NOfSE VI�I�TI+aN - M]SQ '�OUAD,74� 111DE4; �'�S F�iQTt3: Nt7 rosrr�rzct��oa:os:�� :��a: ��,st SIJSR:BERGEhI, �#�AIt�A R{�SE. 2�4 C�LF C"t..CCiL�1 S�CC�tifi��'Itd sfi320 P#i:V►VK CAt3C FEMt�L.E,�fl�4.iYS.t3V�N �tT,�T1t�N: 7"311�'l0�1�2�{��3 COE;IRT, N(} W .1AfL: 1+1t7 9 r � CpBtt�t2�I�5�d:�4_�tS:�1f� : l�� 3i�3P�CT:STEINART. +��.IVI,� t5A�11�l.LE Z {.��3CAL:�DB �dT� �tVE SE ST.�05EPN 56374 H{QME;t� �'tt�E ST Pil�� PLAE4�tS t�fY 12567 �� NY DL W!�505�75 B1�tw +��E�a��a�z7��,Nd C�i�RT.n�o,�at� [08t131'2DtS f�fl�:�4_��:MflB : 7?0� FRESF�+OI�DED TOTHE AB(,}VEADDRE�ON A COMPLAINTABO�JT IOUD MUSlC AND VOICES.I�MEN WE i4RRi'U'ED 1 i�EARta Lt�t1�1f4CC�8�RE�i TWE BACK OF THE RESIDENCE 8UT NO MUS{C.ONE OF TNE Fl�2ST 1'HENC3 ST�1+�t�:RT SAID TQ N1E�NAS'IN�CAN TURN 7HE MUS►C DC�INN'.I REMINDED HER OF THE COMPLAiNT �VE HA,D l�ti M�IY O�F'fH15 Y�AR AND SNE SAIQ SHE REM�MBERED(15$00871).i l'kEEN AStt�D kF SHE HAI�A �30D REASt3� �k�J't�#Y i SHOtlLO N�T 138t1E N5R A ClTATlQN. SNE SAID, 'NO`- [dSf�3J2Q1�fl�.�:36:MdB : 7ia8� STE��F�7 u�A1D SHE NA�OTH�R ROt�)MATES, BUT,JUST HER AND f}1r1E QTHER ONE��IAS HC3�IE-1 TOLD W�R TO+C3t3 C�ET NER FRQM lh19EdE BEChUSE SNE 1�lAS C-01N(3 Tt�BE CtTED ALSQ.tNHfN BERC3FJV EXITEQ I A�SKED EF SH�F#� PART lN THE FES71V[f1ES AND SHE SAID.'YES', BOTF#��JERE tSSUED CITATIONS,�'VE E�CPLACN�'t"WEtH TC}'�K�'M LIND TdLO THEA+t CCfATIONSl•lILL BE ISSt1E�FOR NOISE VIOtA'fIQ(d5�RbM N�Qt�!'Ol�. TFf�Y�+41�THEY Uh1f3ER8Tt)OD AN� THAHKED 118. �811�12t1�5�3:49:38:�as�;01CJHAGSTR� RC 1Q 2 N'a t�EED FC3�? FURTh1ER �`1��t5 23:34:fi7 :pos8 :U1TlDINNDO] -P�+�PLE �'LAYi�iG RADEO VERY LQEit7 -'i�EE"YY AR� ih!"�t-lE �ARA�CiE ADDITIONALlCONTINUATION NARRATIVE REPORT NUMBeR: issoi�o� ST.JOSEPH POLICE DEPARTMENT oRi �.ro�siioo NARRATNE TITIE � Naxxative Fxom CAD ,RL50 FAIKlhlG l4UQ�LYA�3D SGREAAA+��NG w � � � ce �c z > . CITY OF ST. JOS�PH wW�w.cityof stjoseph.com July 29,2015 Thomas Ortmann Ellen&Timothy Ortmann 7376 9t'`St Adminisvator Buffalo MN 55313 )�dy Weyrens RE: Interim Use Permit-30810th Ave SE; St.Joseph MN Mayor Rick Schultz Dear Thomas,Ellen&Timothy: Councilors In 2014 you applied for and were ganted an Interim Use Permit(I[JP)to allow a non-owner Maa Killam occupied rental unit at 308 10�'Ave SE. The maximum term of the IUP is two years provided Bob Loso the property is managed in accordance with the St.Joseph Code of Ordinances and is not a Renee Symanierz negative impact to the neighborhood. Dale Wick The City Office and Police Department have received complaints about the tenants residing at your property. The complaints include partying,vulgar language and parking on the front yard. I have attached the police report from a call in May regarding a party and loud noise. Residents in the neighborhood have indicated that when your tenants are outside the air is filled with profanity and noise that is disruptive to the residents in the area.The disruption needs to stop immediately. Please be advised that if City continues to receive complaints,the matter will be forwarded to the Planning Commission to terminate the NP. If you have any questions I can be contacted at 320.363.7201. Sincerely, CIT'Y OF ST.JOSEPH . � �,�C/'"l�t' �'��.%e..'!/Z� - . .�;: � ;` Jud Weyrens � Ad nistrator \.... as College Avenue North • PO Box 668 • Saint �oseph, Minnesota 56374 Phone 3zo.363.7zoi Fax 3z.o.;b;.o34z Incident Report Officer Assigned: Badge Number: How Rec'd: Supervisor Approval: *15 8 0 0 8 71* Magaard 7708 Phone Reported By: � See Complainant Squad: In Squad Video; Photos Taken: 704 �Yes ❑ No ❑Yes � No , � � ,,,,, � , ��.� �� .� r � � � �°�� „ „ nn � „ , ,� < . � .u, , , , . ,<. < <, � � 1. 2. 3. Noise Level of Offense: Levet of Offense: Leve!of Offense: ❑ P.Misd. � Misd. ❑G.Misd. ❑ Felony ❑ P.Misd. ❑ Misd. ❑G. Misd. ❑ Felony ❑P. Misd. ❑ Misd. ❑G. Misd. ❑ Felony Location of Incident: Date Incident Occurred: Day of Week Incident Occurred: 308 10t" Avenue SE 05/21/2015 Thursday Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared: 05/21/2015 2304 2304 2307 2311 �� t" 4 � 9 '�s ' „. 4 ��' \ wg Assisting Officer(s): 77�2 � w .� , , �,,.., , , .p °, � ' a � . � ., v,. . .. . .. rr Name(Last,First,Middle) Date of Birth: Race: D/L#: State: Refused female Street Address: City,State,ZIP: Phone: To Jail: Citation Issued: CiWtion#: Mandatory Court: Eyes: Hgt: Wgt: ❑Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No , �. �, �n .�;, , � �� , .. � �� _, ��., : � „ . � I p Name(Last,First,Middle) � Race: � � Baggenstoss, Abby Christine Cauc Street Address: City,State,ZIP: 308 10t" Avenue SE St. Joseph MN 56374 To Jail: Citation Issued: Citation#: Mandatory Court: Eyes: Hgt: Wgt: p Yes � No ❑ves � No N/A ❑ves ❑ No HZI 504 125 . � �`r�� ;�: r �� „ �� „ + „ ��' „a�� "u�"��^,�✓^�4�,� , ,a '„�'"�,,, m ,,. �a��"�;'�. .,, N � ,„ ,. , „ � ^ � ° � License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin#: �� .. w �� .�„;: m � � ..� � ��. , . � ' ��w,,r � �� . License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin#: _ � ^. � � � ��,, , , v . ��.� �� , �� u� w r�� Dispatched to a loud party at the above address. Upon arrival I could hear voices but no music. I spoke with Baggenstoss who resides at the residence. She said they were having a small gathering and would keep the noise down. She was told if we got a call back she would be receiving a citation for a noise violation. She assured us we would not get called back and she would move her guests to the basement. City of St.Joseph IN RE: FfNDINGS OF FACT Application of Thomas, E/len, & Timothy Ortmann AND DECISION Interim Use Permit at 308-10th Ave SE Owner Occupied Rental-Maximum Density as defined by St.loseah Code of Ordinances 52.27.5 FINDINGS OF FACT On June 2,2014,the St.Joseph Planning Commission conducted a public hearing to consider the application of Thomas, Ellen, &Timothy Ortmann for an Interim Use Permit to allow a non awner occupied renta(unit at 308-lOth Ave SE. The matter was duty published and notice was provided to property owners within 350 feet of the above ref+erenced property. The Planning Commission hereby established the following facts as it relates to the request of Thomas,Elien,&Timothy Ortmann 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 Dist�ict. 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. Whiie the Ordinance was amended in 2000,the bfending of rental and owner occupied properry 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 ta review the owner occupied provision in the R15ingle Family Zoning District. 3. On February 21,2d08 the City Council accepted the recommendation of the Planning Commission amending the provisions in section 52.27 of the St.Joseph Code of Ordinances. The amendment restricted the number of owners for the purpose of owner occupied rental and included language that all owners must reside at the property as their principal residence. 4. St.Joseph Ordinance 52.04.31.a defines a family as any number of persons living together in a room or rooms comprised of a single housekeeping unit and related by blood,marriage, adoption,or any unrelated person who resides therein as though a member of the family. Any group of three persons not so related but inhabiting a single house shall,for the purposes of this Ordinance, be considered to constitute one family. 5. In 2012 the City had been approached by some residents and realtors indicating that the strict rental restrictions in St.Joseph are causing a hardship for property owners who cannot sell their home,but could rent their home if the Ordinance would permit. 6. Responding to the request,the City Council authori2ed the formation of a committee to study the rental restrictions in St.Joseph and report their findings back to the City Council and Planning Commission. 7. The City Counc'sl and Planning Commission reviewed the recommendations of the rental housin�committee in which they requested to allow an interim use permit for a non owner occupied rental license in the R1 Zoning District if a property owner has resided in the City for at least two years and they have been actively attempting to sell their home without success. Based on this recommendation,a public hearing was authorized to consider amending the Ordinance based on the recommendations of the housing committee. 8. On February 4,2013 the City Council conducted a public hearing to consider the aforementioned amendment. The Planning Commission recommended approval of the proposed amendment which was subsequently approved by the City Council on February 21,2013 and became effective March 1,2013. 9. On May 9,2014,Thomas,Ellen, &Timothy Ortmann submitted an application for Interim Use to allow a non-owner occupied rental unit at 308-10th Ave SE. 10. Upon review of the application it was determined complete and met the following criteria: a)the property owners have resided at 308-10th Ave SE for at least two years; b)the property is homesteaded and used as the primary residence for the applicant;c�the applicant provided proof that they have been attempting to seU the residence without success. DECISION AND CONCLUSION 1. St.Joseah Code of Ordinances 52.27 Subd.5(b)provide property owners in a Ri Single Family Zoning district to seek an Interim Use Permit to seek a rental license for a non-owner otcupied rental license if the property owner(s)are relocating and are unable to sell their homes. The Interim Use Permit shall only be issued for one year and can be renewed for only one additional year. At the end of the second year,the property could not continue to function as rental property. 2. Granting of an Interim Use Permit is a privilege that is granted by the City and reviewed annually for Ordinance Compliance and are therefore issued with contingencies. The Interim Use is being recommended with the foffowing 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 wilt manage the property in compliance with the St.Joseph Code of Ordinances. c. The property owner may request renewal of the rental license for one additional year, provided the property is maintained and managed in accordance with the St. Joseph Code of Ordinpnces. d. The Interim Use Permit shall expire upon transfer of property or December 31, 2016;whichever comes first. !n order to operate as a rental unit for the calendar year 2016,the rental license must be renewed prior to August 15,2016. Based on the foregoing Finding of Fact and Decision and Conclusion of the St.Joseph Planning Commission,the request for Interim Use has been forwarded to the City Council as a recommendation to approve pursuant to the terms and conditions aforementioned. The recommendation was considered by the City Council and issued based on the Decision and Conclusion as stated above. Adopted this 24th day of June .2014 CITY OF ST.JOSEPH . �� By � Rick Schultz, Mayor dy eyrens Administrator This page intentionally left blank