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HomeMy WebLinkAbout[06a-b] Rental Interim Use Permits Planning Commission Agenda Item 6a—b MEETING DATE: February 13,2017 AGENDA ITEM: Public Hearings,Interim Use Permits Rental Requests a. 13 East Ash Street b. 10 North College Avenue SUBMITTED BY: Community Development STAFF RECOMMENDATION: Approve Findings of Fact and Decision recommending the City Council grant Interim Use Permits allowing non-owner occupied residential rentals. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: Paul Reber, owner and applicant has requested approval of interim use permits to allow for non-owner occupied residential rental units in the existing single family detached homes,which are located within the B-1 Central Business District. City Ordinance allows non-owner residential rental units in areas that have been rezoned to commercial from residential as an interim use 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. ATTACHMENTS: Request for Planning Commission Action Findings of Fact and Decision Application Public Hearing Notice REQUESTED PLANNING COMMISSION ACTION: Motion 1: Move to Approve/Table/Deny Findings of Fact and Decision recommending the City Council issue an Interim Use Permit to allow a rental license for 13 East Ash Street. Motion 2: Move to Approve/Table/Deny Findings of Fact and Decision recommending the City Council issue an Interim Use Permit to allow a rental license for 110 North College Avenue. � � ���'': ��. , ---- ---- — _— _ _-- _-----______- - F P. . � � ���� �� �� r � �' j �y� ��� L ;_ a �, 'f�� r � `''p��M: �.,;'," �, .."y.� ,. �,��•v:' > � ; �' e � F ��• . - : � , i „ E� - CORO , 73 , � .8 . ` -�F4W� �`'wn.W�.�.. �/ � e f , i�. . wn... ,� z .;.� ` � t i 1,`..i_iy 4 .� � .. .. R�_ I�t �..,_ � : '�r/101� � •• '.� . .. +nra.�...�`.y�nwr.n.._w�ti� ,.. ........ . " BIRCH ST E . ... � � � � ��•'""' � �- �+�' �a � �« ` .� � � � . , . � �y^. �: x��. � �}' � � � �rl:l�,�; . . � a. . ,�x. ��� y . - t "�+ �� . . ���,., j # p `� � � � "� +�:� Daniel ,;- . : - � , ; Funeral � ;j�� Home � a�s � , � �� � �,� ' � _ r�. � ��� .. ' �'��� '°� �' �'' �v�. � __.--� �� � � � __—_ _�. s�' ; ��f, ...--.f 4 1 _ :��,, '.r----�- .. . � ��'� i'"�� . ., �,y..: � t�� }� n .,� ' �� � �,` 1.f �} � ..� $` �� � '�' � r . ` . � , , � � � � �a�- � :. . w� • { °" rt, - �� � �� '�'; �7►�°x �� ��'ii90 ;'� �.�i# � � :�� � 25 ,; c� �� i� � � ' �pp�^' ��.. � s � F�'~ ���Li4 � �� " t ♦ 1;1 .4 �T r� �,4 � �7 � ` � R c�ue�, ;��.� `` +, � � � � ��,} � Non-O cu �� , � �. 109. � ,9� _ j� ; � � � -��` �� � . , � ���. ��y � , �. �"�"� ' � ��� . ��� T,*'J�',F •. 1+ .�+� � • R Q` �yZ . �� � �g �( � {.,}��. M . I:k'.; +� - M Al'., ��+ y�y"F,J�W w� I �:.'�r Nt ��l " ., r���4iYf .�.��'-�'�.�..� � '�,�► " � .��;��-� ��__ k �d�'�a���a ��""'� . '!� �..--"` I �$'� � -��� i. � ;-��r� � �.,�.--- �,� � -- y - � � .�w•�'"+y� ,---- � 1 1 � � �� � � � � � � � � � � �. City of St. Joseph IN RE: FINDINGS OF FACT Application of Paul Reber AND DECISION Interim Use Permit at 13 East Ash Street Rental in 81 Zoning District—as defined by St.Joseph Code of Ordinances 520.50 Subd. 11 FINDINGS OF FACT On February 13, 2017, the St.Joseph Planning Commission conducted a public hearing to consider the application of Paul Reber for an Interim Use Permit to allow a non-owner occupied rental unit within a B-1 Central Business District at 13 East Ash Street, 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 Findings of Fact as it relates to the request of Paul Reber 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 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. 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 an 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 520.04 defines a family as A family is 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 January 23, 2017, the City received an application for an Interim Use Permit for the property located at 13 East Ash Street. The maximum density allowed is Ordinance is three unrelated persons. 7. Upon review of the application it was determined complete and met the criteria for issuance. DECISION Based on the Findings of Fact, the St.Joseph Planning Commission recommends approval to the St.Joseph City Council in the issuance of an Interim Use Permit with the following conditions: 1. St.Joseph Code of Ordinances 520.50 Subd. 11 provides property owners in a B1 Central Business Zoning district to seek an Interim Use Permit to allow a non-owner occupied rental unit 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 require an 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 shall obtain a rental license prior to renting and annually thereafter. The property owner shall complete the license process within 30 days of City Council approval of the Interim Use Permit and prior to the expiration each year 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 on August 14, 2020. Whereupon said Findings of Fact and Decision was declared duly passed and adopted by the St. Joseph Planning Commission this 13th day of February, 2017. CITY OF ST.JOSEPH By Planning Commission Chair By Judy Weyrens,Administrator City of St. Joseph IN RE: FINDINGS OF FACT Application of Paul Reber AND DECISION Interim Use Permit at 110 North College Avenue Rental in 81 Zoning District—as defined by St.Joseph Code of Ordinances 520.50 Subd. 11 FINDINGS OF FACT On February 13, 2017, the St.Joseph Planning Commission conducted a public hearing to consider the application of Paul Reber for an Interim Use Permit to allow a non-owner occupied rental unit within a B-1 Central Business District at 110 North College Avenue, 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 Findings of Fact as it relates to the request of Paul Reber 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 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. 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 an 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 520.04 defines a family as A family is 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 January 23, 2017, the City received an application for an Interim Use Permit for the property located at 110 North College Avenue. The maximum density allowed is Ordinance is three unrelated persons. 7. Upon review of the application it was determined complete and met the criteria for issuance. DECISION Based on the Findings of Fact, the St.Joseph Planning Commission recommends approval to the St.Joseph City Council in the issuance of an Interim Use Permit with the following conditions: 1. St.Joseph Code of Ordinances 520.50 Subd. 11 provides property owners in a B1 Central Business Zoning district to seek an Interim Use Permit to allow a non-owner occupied rental unit 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 require an 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 shall obtain a rental license prior to renting and annually thereafter.The property owner shall complete the license process within 30 days of City Council approval of the Interim Use Permit and prior to the expiration each year 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 on August 14, 2020. Whereupon said Findings of Fact and Decision was declared duly passed and adopted by the St. Joseph Planning Commission this 13th day of February, 2017. CITY OF ST.JOSEPH By Planning Commission Chair By Judy Weyrens,Administrator .., ,tvo{enxoph conn CITY OF ST. JOSEPH City of St. Joseph Application for Interim Use Permit Applistfion is hereby made for: (Applicant must check any/all appropriate items) V Interim Use Permit for Non-Owner Occupied Rental Interim Use Permit Owner Occupied Rental APPLICANT INFORMATION: Name(s): POW W I Reb ( Date: 1 J /17 Address: 3103 Co Rd 7,9/1 x737 T Phone Number(s): 39 0 9 -0513/ �'Y�/ i o I (Isc(i) Email Address: f�S pc 1 (� Q n GLS 1 ,, C'O�"Y'1 SCL4\er-V1 '© U»'� INFORMATION ON PROPERTY OWNER(if different from pplicant): Property Owner: Address: Telephone: Email: PROPERTY INFORMATION: Street Address of Subject Property(if different then above): /3 Cf/St ASh 51 Total Area(Acres or Square Feet)of Subject Property: L r 53 Li S 1 (• l S a-G-2-) Complete Legal Description of the Property: Lb id- , 610 Lt 13 I DG.)u n:t J O F S-t-, Jo ,!-, s F pL 0+ c, 610 c i< 13 State exactly what will be done on the property if the Interim use Permit is granted: Re.it ! (IkQc1r1j) Explain why you are requesting to use the property as described above: S. n vpva pe . 0,4 ,w ) c units M usr_ /t Pedal St.Joseph Application for Interim Use I HEREBY CERTIFY THAT I HAVE READ,EXAMINED,AND UNDERSTAND THIS APPLICATION AND THAT THE INFOSUBMITTED HEREIN AND ATTACHED HERETO IS TRUE, ACCURATE,AND CORRECTLY STATES~MY ENTIONS. Applicant Signature(s( ,�k Date: /-QA"" 7 Date: Property Owner Signature(s):1 � Date: /-6?1-/7 Date: STAFF USE ONLY Application Fee Received by: A C 16361 Date Received: 1/ ,r 1 Date of Planning Commission Hearing: 13/1 1 Publication Date: a`/,3/! 1 Planning Commission: Approved Denial Date of Action: City Council: Approval Denial Date of Action: St.Joseph Application for Interim Use ,./\„9KA .N cii c4itpxc�lil rifm CITY OF ST. JOSEPH City of St. Joseph Application for Interim Use Permit Appltion is hereby made for: (Applicant must check any/all appropriate items) Interim Use Permit for Non-Owner Occupied Rental Interim Use Permit Owner Occupied Rental APPLICANT INFORMATION: Name(s): PU-U I R Date: / .1?-1 7 Address: 3/013 Co Rd 51 Jasepi, , In 1\ 5 I3) Phone Number(s): 3 ) ' O3/ /3 aLt0 -7d0l (Jct /) Email Address: 1 (bS (, I (9jYCCl f I elm / O( Th3n.cc -\ INFORMATION ON PROPERTY OWNER(if different from Applicant): Property Owner: Address: Telephone: Email: PROPERTY INFORMATION: Street Address of Subject Property(if different then above): //O A), relit,3c /1 e Total Area(Acres or Square Feet)of Subject Property: C, S,361 SF ( . I S CtC.,--ej Complete Legal Description of the Property: L.u t (, t 61 a C 1 tif To Lt)I'\f I ItC- or S t 0 S.C191-. , 10 OF t-ot (0 1 R 10( K-- 13 S e�� „ctl wh t ill be don on the property if the Interim use Permit is granted: Explain why you are requesting to use the property as described above: <x 1\t to (D4 7)Cw ()CAW? ,( /A i/ )7) '1sr St.Joseph Application for Interim Use Page 14 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 TATES MY I E IONS. Applicant Signature(s): �� /. , Date: /07F7? Date: Property Owner Signature( ): 2 , l-�__ Date: /- 62 (^ Date: / STAFF USEONLY Application Fee Received by: / Cly /1,35 Date Received: I /d3/ 1 1 Date of Planning Commission Hearing: ?/L 311 1 Publication Date: d-/3/ t Planning Commission: Approved Denial Date of Action: City Council: Approval Denial Date of Action: St.Joseph Application for Interim Use Page/5 CITY OF ST. JOSEPH www.cityofstjoseph.com City of St.Joseph Notice of Public Hearings Interim Use Permits The St. Joseph Planning Commission shall conduct public hearings on Administrator Monday, February 13, 2017 at 6:00 PM or as soon thereafter as the matter may Judy Weyrens be heard at the St. Joseph City Hall, 75 Callaway Street East. The purpose of the hearings are to consider Interim Use Permits to allow non-owner occupied rentals at 13 E Ash Street and 110 N College Avenue as submitted by, Paul Mayor Reber, owner and applicant. The properties are legally described as Lot 6, Block 13, Townsite of St. Joseph,N2 of Lot 6, Block 13 and S2 of Lot 6, Block Rick Schultz 13, Stearns County, Minnesota. St. Joseph Code of Ordinances 520.50 subd. 11 allows for an Interim Use Permit as follows: Residential units in areas that have been rezoned to Councilors commercial from residential shall be allowed an interim use permit as a rental Troy Goracke unit for a specific period of time. The maximum density for rental units under Matt Killam the interim use permit shall be limited to the density which is allowed in the R- Bob Loso 1, Single Family Residential District. Dale Wick Judy Weyrens Administrator Publish: February 3, 2017 75 Callaway Street East• Saint Joseph, Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342 THIS PAGE INTENTIONALLY LEFT BLANK