HomeMy WebLinkAbout[04d] Interim Use Permit, Darcy Ruesink Council Agenda Item 4(d)
MEETING DATE: March 7, 2016
AGENDA ITEM: Interim Use Permit, Darcy Ruesink
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission
conducted a public hearing on Monday, February 1 to consider the issuance of an owner occupied rental
for Darcy Ruesink, 304 Iris Lane E
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: See Planning Commission information
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
Findings of Fact- Council
Planning Commission Request for Action
Planning Commission Findings of Fact
Hearing Notice
Application Form
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Findings
of Fact issuing an Interim Use Permit to allow for an owner occupied rental at 304 Iris Lane E.
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Darcy Ruesink AND DECISION
Interim Use Permit at 304 Iris Lane E
Owner Occupied Rental—Maximum Density as defined by St.Joseph Code of Ordinances 502.27.5
FINDINGS OF FACT
On February 8, 2016, the St.Joseph Planning Commission conducted a public hearing to
consider the application of Darcy Ruesink for an Interim Use Permit to allow an owner occupied rental
unit at 304 Iris Lane E. 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 Darcy
Ruesink 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. On February 21, 2008 the City Council accepted the recommendation of the Planning
Commission amending the provisions in section 502.27 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 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.
5. On January 15, 2016, Darcy Ruesink submitted an application for Interim Use to allow an
owner occupied rental unit at 304 Iris Lane E.
6. Upon review of the application it was determined complete and met the following criteria:
a) she 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 502.27 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 502.04.31.1.
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 City Council hereby grants an interim use permit to Darcy Ruesink, 304 Iris Lane E, to
allow a rental license for an owner occupied rental unit.
Passed by Resolution of the St.Joseph City Council on March 7, 2016.
CITY OF ST.JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens,Administrator
.�r car i.�c�su,•E� Planning Commission Agenda Item 6
MEETING DATE: February 8, 2016
AGENDA ITEM: Public Hearing, Interim Use Permit
Darcy Ruesink, 304 Iris Lane E
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings
granting an Interim Use Permit to Darcy Ruesink allowing an owner occupied rental unit at 304 Iris Lane
E with a maximum density of two tenants.
PREVIOUS PLANNING COMMISSION ACTION:
BACKGROUND INFORMATION: The St.Joseph Police Department had been contacted by an individual
with a rental issue. During the discussion the Officer notified the property owner that renting a home in
St.Joseph required a permit and she should contact the City Offices. The City Offices were promptly
contacted and Ruesink made application for an Interim Use Permit.
ATTACHMENTS: Request for Planning Commission Action
Hearing Notice
Application Form
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
Darcy Ruesink to operate an owner occupied rental unit at 304 Iris Lane E.
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Darcy Ruesink AND DECISION
Interim Use Permit at 304 Iris Lane E
Owner Occupied Rental—Maximum Density as defined by St.Joseph Code of Ordinances 502.27.5
FINDINGS OF FACT
On February 8, 2016, the St.Joseph Planning Commission conducted a public hearing to
consider the application of Darcy Ruesink for an Interim Use Permit to allow an owner occupied rental
unit at 304 Iris Lane E. 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 Darcy
Ruesink 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. On February 21, 2008 the City Council accepted the recommendation of the Planning
Commission amending the provisions in section 502.27 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 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.
5. On January 15, 2016, Darcy Ruesink submitted an application for Interim Use to allow an
owner occupied rental unit at 304 Iris Lane E.
6. Upon review of the application it was determined complete and met the following criteria:
a) she 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 502.27 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 502.04.31.1.
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 February 8, 2016.
CITY OF ST.JOSEPH
By
Rick Schultz, Chair
By
Judy Weyrens,Administrator
. � CITY OF ST. OS�PH
1
WvuW.cityof stjoseph.com
Public Hearing
City of St. Joseph
Interim Use Permit
The St. Joseph Planning Commission shall conduct a public hearing on Monday, February 8,
2016 at 6:15 PM at the St. Joseph City Hall, 25 College Avenue North.The purpose of the
Administracor hearing is to consider an Interim Use Permit to allow an owner occupied rental at 304 Iris Lane E.
The property is legally described as Subdivison Name NORTHLAND PLAT SIX Lot 008, Block
�udy�Ueyrens 003 Subdivision Cd 84068 Section 03, Township 124, Range 029, Stearns County, Minnesota.
St. Joseph Code of Ordinances 502.27 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�ck S�h�ltz purposes of establishing if the property is owner occupied,the owner must be a natural person,
and all owners must occupy the property as their principal residence.The owners may not exceed
Counc�lors �o 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
1Vlatt Killam evidence of ownership.
Bob Loso
Renee Symanietz Darcy Ruesink, 304 Iris Lane E, St. Joseph, MN 56374, has submitted the request for Interim
Dale��✓ick Use.
Judy Weyrens
Administrator
Publish: January 22, 2016
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Subject Property
304 Iris Lane E
ZS College Avenue North • PO Box 668 • Saint �oseph, Minnesota 56374
phone 3zo.363.�aoi Fax 3zo.363.o34z
Application received by on
'",`"''•°i�`,�'s`�h""" APPLICATION FOR INTERIM USE PERMIT
CI?Y C�F ST. JCJS�PH
� 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 INFORMATION:
Name(s): �Y`C�ld 1 l lA,�S l�IL
Address, City, State, and zip Code: .��—i �Y 1 � �YJ �� ��-�_�a��� mN 5b �7�
Phone Number(s):_ ��3�g�i'"�-�',� � E-mail Address: � � �1 (^�' •Cap�
PROPERTY OWNER INFORMATION:
Name(s): �>Gl�'f�,t �,g�i��.
Address,City,State,and Zip Code: S�Ct�,n�e., rz� C�c�O��
Phone Number(s): _5�.r�no, E-mail Address: ���
StreetAddress of Subject Property,�� � �{r i S �--YL �) �
Total Area(Acres or Square Feet)of Subject Property
Applicant's Interest in Subject Property: ❑ Fee Owner(attach evidence) ❑Other,specify below
1. Complete Legal Description of Subject Property
�u.�.ivis i cTn (1.awy��� (Jpr-N�l t�.r�c�pl a-E- 5 i�lc ��ts�l' 60� glvC-� OO?j
S►-�bd�d,s��r Gc�. �`�0(�� 5 e_c_-1�'� b 3 To�v�Shr p IZl-1-
�a-r.oye. �'2�`� .
2. State exactly what will be done on the property if the Interim Use Permit is granted
�dr�-�r a-� I.��,1 1.�11c?�c�. � l.�S�� "�'b Y'eVL 1 �LbI,J�Y Lev2��
3. Explain why you are requesting to use the property as described above:
1"OY` 2�-�YY�, rt r�.C-OY`n.-2. � ��� �JC�;� �`L v� f�GY��-�,
I HEREBY CERTIFY THAT I HAVE READ, EXAMINED,AND UNDERSTAND TFJIS APPLICATION AND
THAT THE IfVFORMATION SUBMITTED HEREIN AND ATTACHED HERETO IS TRUE,ACCURATE,
AND CORRECTLY STATES MY INTENTIONS.
Applicant Signature(s) \ Date ������ �P
Applicants Printed Name �q.�`f-�/ f�-t-L�C SI`►'b � 't�-
Property Owner Signature � ` ate �'���� �
Property Owner Printed Name �l L.t�t �
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
CITY OF ST.JOSEPH
25 College Avenue Norrh,St.loseph MN 56374
(320)363-7201
AFFIDAVIT OF RESIDENCY
Applicant Name �� Y- � � ��C �'� �
�1
Address �b � �,�t` � ��! �� � S.�r:)05.,.�n'�,,, �� s� Number of Tenants f
,,1— ��1 r r � ---L—
Zoning �R1,Single Family (" 81,Central Business (` B2,Highway Business �
Ownership Copy of deed showing Requirement
Requirement r 50% �7 100% interest must be attached fulfilled r-- Yes ('" No T"; N/a
��
1,��P�� � � being of legal age,do hereby by attest and affirm the following:
�
1. My primary residence is 2 a� 1�-1 S�.4,!' �'�. and that I am the owner of record of the same.
S�t"- ,c�e�t� frl.�n/
2. The Interim Use Permit is only valid while said property is your primary residence and you are living at the
same. It will be your responsibility to notify the City of any change of residency.
3. I make this Affidavit for no improper purpose.
4. 1 understand that deliberate falsification and/or omission pertaining to this affidavit will in result in
revocation of the Interim Use Permit and the City will pursue civil and/or legal action.
Signature � ` Date I_ �q „ f �
■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
State of MN
County of Stearns
On this f 9�'' day of ' 20.�,before me ��''1Q QiLOI�� ,a notary public,personally
appeared �[�PR proved on the basis of satisfactory evidence to be the person(s)whose name(s)
is(are)subscribed ot this instrument,and acknowledged(he/she/they)exectuted the same. Witness my hand and official seal.
NotarySignatur Q���,
KASSARA ANN lQ�EEIAND
NQTAN`/PUBIIC•NNNP�SOTA
IrAY COMMISSION EXPIHES 01t31119