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Home My WebLink About[06] Public Hearing, IUP CITY OF RT.�(1SI�PH Planning Commission Agenda Item 6 MEETING DATE: August 8,2016 AGENDA ITEM: Public Hearing,Request for Interim Use Permit(IUP), Cory Ehlert,29 Minnesota St E SUBMITTED BY: Administration/Community Development PREVIOUS PLANNING COMMISSION ACTION: 2010 the Planning Commission issued an IiJP allowing a non-owner occupied rental in the B 1 General Business District without a commercial component as required. The findings indicated that the area was not ready for development so a three year NP was issued by the City Council upon recommendation by the Planning Commission. July 1,2013 the Planning Commission considered the request to extend the IUP issued in 2010 an addirional three years,as allowed by the B 1 Zoning District. At this time the Planning Commission indicated that the IUP would expire in 2016 and the property would need to meet the requirements of the Ordinance. BACKGROUND INFORMATION: The City has a number of NP's that are managed by Administration. Each IUP is tracked for compliance with Ordinances and expiration. During the review this year Cory Ehlert was sent notification that the NP has expired and cannot be renewed. Rental is allowed in the B 1 Zoning District;however at least 50%of the interior must be used for permitted uses. The following is an extract of the Ordinance illustrating the provision. • Mixed use of a Permitted Use and a mulriple residenrial dwelling units;but only if at least 50%of the interior square footage(exclusive of the basement or cellar)is used full time for a Permitted Use,and said permitted and residential uses aze not conflicting. The area consisting of multiple residential dwelling units must meet the standards of this Ordinance;and said residential uses occupy only the upper and/or rear portions of structures.Off-street parking requirements shall be separately determined for the commercial and residential uses in accordance with Secrion 520.10. • Residenrial units in areas that have been rezoned to commercial from residential sha11 be allowed an interim use permit as a rental unit for a specific period of time. The maximum density for rental units under the interim use permit shall be limited to the density which is allowed in the R-1,Single Family Residential District. In 2011 the property was renovated to provide a kitchen on the main floor for the rental unit(see following site plan). Ehlert is requesting the Planning Commission consider extending the NP as he has indicated that he has not had interest in office space. Any extension would require a new public hearing.Approval for an Interim Use Permit would include an expiration date and a provision whereby the land use in the adjoining area is reviewed and when the majority of the area has been converted to a Business Use,the Interim Use permit sunsets and the property must be converted to a business use. The Planning Comxnission has the discretion to determine the expirarion date,which is typically between one to three years. Anything beyond one year would require an annual renewal. ATTACHMENTS: Request for Planning Commission Action Findings of Fact Application Public Hearing Notice REQUESTED PLANNING COMMISSION ACTION: Motion to Annrove/Table/Denv Resolution recommending the City Council issue an Interim Use Peimit to Cory Ehlert to allow a rental license for 29 Minnesota Street East. This page intentionally left blank City of St. Joseph IN RE: FINDINGS OF FACT Application of Cory Ehlert AND DECISION Interim Use Permit at 29 Minnesota Street East Rental in 81 Zoning District—as defined by St.loseah Code of Ordinances 520.50 subd.11 FINDINGS OF FACT On August $ 2016theSt.Joseph PlanningCommissionconducted a public hearingto consider the application of Cory Ehlert for an Interim Use Permit to allow a non-owner occupied rental unit at 29 Minnesota Street East, St.Joseph Minnesota. 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 fol{owing facts as it relates to the request of Cory Ehlert 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 61 and 62 Zoning Districts to allow for rental licenses without the provision of owner occupied as means of transitioning the property. Property in B1 and 62 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. St.Joseph Ordinance 520.04.39.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 November 10,2010,the City issued an Interim Use Permit to Corey Ehlert for 29 Minnesota Street East and on July 18, 2013,the City extended the Interim Use Permit for an additional three years expiring on August 14, 2016. 6. On July 19,2016,the property owner, Cory Ehlert, submitted an application for Interim Use to allow a rental license for his property located at 29 Minnesota Street East. The maximum density allowed is three unrelated persons. 7. 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.Joseqh Code of Ordinances 520.50 Subd. 11 provides property owners in a B1 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 _year on August .20 d. The Interim Use Permit shall be renewed annually. 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 8, 2016. CITY OF ST.IOSEPH By Rick Schultz,Chair By Judy Weyrens,Administrator •�i Clh��t+{w M'1�1��"'f CITY OF ST. jOSEPH City of S�Joseph Application for Interim Use Permit Applkation ffi hereby made for.(Applicant mast check any/all appmpriate ite�ns) �Interim Use Pernrit for Non-Owner Occupied Re�al Interim Use Permit Owner Occupied Rental APPLICANT INFORMATION: Name(s): ,C.s/��ERT �; 7—/S—/1� Address: '�Z? �•�''� ��e. �T� �ST �S.E�H Phone Number(s): 32� � yaQ— /�Z �,�a�: �.�:s.�� t,�Ar....�.+� . e.,.� INFORMATION ON PROPERTY OWNER Cf diffe,r�t from Applicant): Property Owner: l�*�� . Addre,ss: Telephone: gmail• PROPERTY II�iFORMATION: Svcet Address of Subject Property(if diff�t then above): Z9 £wST .�i✓�TR �3'fx.EEs' Total Area(Acres or Square Feet)of Subject Aroperty: .�dr SrZE _ �G� Complcte Legal Desc�iption of the Prope�ty: _t...s� �'i'el L�r /9` .�ie�C/O �iu.tjiT� a� JS"T6s�E?N State exactly what will be done on the prupezty if the Interim use Permit is grao�ed: �✓� /�.t•�t�' f.•�,/ T. ,E A �NrwL f �/,vJ R� -- w�L /5uz TiYL �CwsT .�✓fi�t.t' �lain why you are requesting to use the prope�ty as de.�eribed above: ? �tuCil.�,4d 7'�i4�� s-•r.LA!(�/ %+/� �✓cY e� 2a/0 3't lti�d-••••�i.N'T !� is9wJ��t �3t.�lae�rl s.►s�►�t �qpiolakl � �to f.�v,r.e,'e��,4LG �E ?�'c..�la.✓s, �qr..✓6 z'n�►�Eie��< r��9,� e�1.H.er i. .,��w1 �� ,�r 7A.�f-'Ti.�+aE w6.. /►'!ET 'Ti1�E FiQE .$AFRAs/aJ �e�svurna.�.�.P �.4 �i �t�.._..frt,E,-If �eirdttit�i19C � �r1�'7EQC��.__.._�,.,....�..w._...�.� st Jnsev�►Ap�toGionlior Mtrrhn use pape�� I HEREBY CERT�Y THAT I HAVE READ,EXAMINED,AND UNDERSTAND THIS APPLICATION AND THAT THE INF'ORMATION SUBMTfTED HEREIN AND ATTACHED HERETO 1S TRUE, ACCURATE,AND CORRECTLY STATES MY INTENTIONS. Applicant Signature(s): .r Date: '�/,�=� Date: Property Ownez�Signature(s) — Date• 'T-i�-�� I)ate: STAFF USE ONLY Application Fce Received by: c�� Date Received: �b Date of Planning Commission Hearing: Publication IMLe: Planning Comtnission� Approvod Deniai Date of Action; City Council: App�oval Denial Date of Ac�ion: sc�sea�+MPxoatbn.}b►rmr�n+we v�pe�s . CITY �F ST. JOS�PH �vw�v.cityof stjoseph.com City of St.Joseph Public Hearing Interim Use Per�mit The St. Joseph Planning Commission shall conduct a public hearing on Monday, Adminimator August 8,2016 at 6:10 PM or as soon thereafter as the matter may be heard at the �udy Weyrens St. Joseph City Hall,25 College Avenue North. The purpose of the hearing is to consider an Interim Use Permit to allow a non-owner occupied rental at 29 Minnesota Street E as submitted by,Cory Ehlert,owner and applicant. The property Mayor is legally described as Lot 14, Block 10,Townsite of St. Joseph, Stearns County, R�ck Schul�z Minnesota. St. Joseph Code of Ordinances 520.30 subd. 5 allows for an Interim Use Permit as Counalors follows: Residential units in areas that have been rezoned to commercial from Matt Killam residential shall be allowed an interim use permit as a rental unit for a specific period Bob Loso of time. The maximum density for rental units under the interim use permit shall be Renee Symcnietz �imited to the density which is allowed in the R-1, Single Family Residential District. Dale V(�ick Judy Weyrens Administrator Publish:July 29,2016 as College Avenue North • PO Box bb8 • Saint Joseph, Minnesote s6374 Phone ;io.;6;.72oi Fax ;Zo.gb;.o;4a