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Home My WebLink About[05b] IUP Renewal 11 Council Agenda Item 5b MEETING DATE: August 22,2016 AGENDA ITEM: Request for Interim Use Permit(IUP), Cory Ehlert,29 Minnesota St E SUBMITTED BY: Administration/Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission recommends granting a two year IUP to allow a non-owner rental at 29 Minnesota St. E. PREVIOUS COUNCIL ACTION: In 2010,the City Council issued an IUP after a recommendation to grant was made by the Planning Commission. The findings indicated that the area was not ready for development so a three year IUP was approved allowing a non-owner occupied rental in the B1 Central Business District without a commercial component. In 2013,the City Council approved a request to extend the IUP for an additional three years after a recommendation to grant was made by the Planning Commission as allowed by the B 1 Zoning District. Upon the IUP expiring on August 14,2016,the property would need to meet the requirements of the Ordinance. BACKGROUND INFORMATION: The City has a number of IVP'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 IUP would be expiring and could not be renewed. The subject property is located in a B1 zoning district and residential rental is allowed in the B1 district as a conditional use if at least 50% of the interior is used for permitted uses. Rental units that have been rezoned to commercial from residential are an interim use in the B 1 zoning district. The following is an extract of the Ordinance illustrating the provisions. • Mixed use of a Permitted Use and a multiple residential 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 are 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 Section 520.10. • 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 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 extension of the IUP as he has indicated that he has not had interest in office space. 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. Typically,rental IVP's are issued between one to three years and would require annual renewal if issued beyond one year. The City's attorney confirmed that the City Council may issue an IUP and has the discretion to determine an expiration date. The question has arisen as to whether or not the B 1 Zoning Ordinance gives the Council the authority to issue a second IUP. In talking to the City Attorney, applicant can make application for the IUP. In talking to the City Attorney,the Ordinance does provide discretionary authority for the Council to approve a new IUP and to limit the same to a specific number of years. ATTACHMENTS: Request for City Council Action Findings of Fact Application REQUESTED COUNCIL ACTION: Motion to Approve/Table/Deny Resolution issuing an Interim Use Permit to allow a rental license for 29 Minnesota Street East. 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.Joseph Code of Ordinances 520.50 subd.11 FINDINGS OF FACT On August $ 2016the St.Joseph Planning Commission conducted a public hearing to 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 following 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 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. 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.Joseph 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 two years on August 22, 2018. d. A rental license shall be obtained. e. 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 City Council accepts the recommendation of the Planning Commission and issues an Interim Use Permit to allow a non-owner occupied residential rental unit at 29 Minnesota Street East, St.Joseph Minnesota contingent of the aforementioned conditions. Passed by Resolution of the St.Joseph City Council on August 22, 2016. CITY OF ST.JOSEPH By Rick Schultz, Chair By Judy Weyrens,Administrator -r'Y " � ,.<tr:n=,c�..rpi�,.-,,. CITY OF ST. jC}SEpH City of St. Joseph Application for Interim Use Permit Application is hereby made for:(Applicant must check any/all appropriate items) X Interim Use Permit for Non-Owner Occupied Rental Interim Use Permit Owner Occupied Rental APPLICANT INFORMATION: Name(s): .CNi.E.2T Date: 7-iS"�L Address: '�G? �,Z r�i ��- ,�$-� �'T �c S�Er�H Phone Number(s): �2� � 'S�.�Q' l�L Email Address:_ �rY e.L.�l�c,- e�c�.ir,o.!'s.al� . 'Lc�.-+ INFORMATION ON PROPERTY OWNER(if dif�erent from Applicant): Property Owner: �� , Address: Telephone: Email: PROPERTY INFORMATION: Street Address of Subject Property(if different then above): Z9 ��lS'�" ��NE�etTR �f�'>' Total Area(Acres or Square Feet)of Subject Property: .�aT .5�7� = 9'1�G� Complete Lega1 Description of the Property: C.�,s� �f�la�a;C La r /9� �'io�+C/O �ur.r.fiTE cr.0 �%�' ?cS�?hj State e�cactly what w211 be done on the property if the Interim use Pernut is granted: "�t �a�E27�/' �v»�'.•�✓u�C. T .� A �nl�aL. .S Jf /�lAd 1�,f�✓ R- �iJT�L /�v.2 T�YL' .CA�'T .�S 1/E�9RJ.' ,. Ex lain why you are requesting to use the property as described above: � �cuC.�a�c� '7�E �e-�.t.A6�/ s`i�f A/c Y. � ZclO 1 t Gcrtc�i.tu3�.N`r � /�i�iaR !�t r�'/o�c.�' t�t ir/( 1,yo�lc�l�J '7a .E�4.�,r,�:a�� 1LG �R.� �/r.�.�ld►�✓s, s�l�.�r.n/h Z'nr�tR�c� �t��r1„ w�c.cP � ,.��tcvj ��C� �4�r 7A,��-'Ti.+rlE L.c�� /�^lE.T T/!�E F;Q� -.�RE•*�.fTft�n/ �7t�ttius�a.vf3` �-'c.? /9 ,�?i�.� t�t..f�E I�'� !�.tiircC�E*!ttlf3C �*��ar»�/EKCiiK..�_.�....,�,....,�.�.,....._,.,..,�..._.,��.�..m.��...,.,.....�..._,. St Joseph Applitation for Interim tJse Page�q I HEREBY CERTIFY THAT I HAVE READ,EXAMINED,AND UNDERSTAND THIS APPLICATION AND THAT THE INF'ORMATION SUBMITTED HEREIN AND ATTACHED HERETO IS TRUE, ACCURATE,AND CORRECTLY STATES MY INTENTIONS. Applicant Signature(s): v Date: '�/.j= �� Date: r Property Owner Signature(s) — Da.te; 'T�✓r' '�� Date: STAFF USE ONLY Apptication Fee Received by: Date Received: � b Date of Planning Commission Hearing: Publication Date: Planning Commission: Appmved Denial Date of Action: City Council: Approval Denial Date of Action: St Joseph AppllcaUon for lnterim Use p��5