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HomeMy WebLinkAbout[06a-i] Interim Use Permits 11 Council Agenda Item 6(a)(i) MEETING DATE: March 6,2017 AGENDA ITEM: Interim Use Permits(IUP)Rental Requests i. 110 College Ave N; 13 Ash Street East SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission(4-0) recommends approval of the Findings of Fact and Interim Use Permits allowing for non-owner occupied residential rentals at 13 Ash St. East and 110 College Avenue North. PREVIOUS COUNCIL 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 occupied 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: Requests for City Council Action Resolution 2017-005 Adopting Findings of Fact and Approving IUP Resolution 2017-006 Adopting Findings of Fact and Approving IUP Applications REQUESTED COUNCIL ACTION: Approve Resolution 2017-005 adopting Findings of Fact and granting an Interim Use Permit to allow a non- owner occupied residential rental license for 13 Ash Street East. Approve Resolution 2017-006 adopting Findings of Fact and granting an Interim Use Permit to allow a non- owner occupied residential rental license for 110 College Avenue North. THIS PAGE INTENTIONALLY LEFT BLANK CITY OF ST. JOSEPH RESOLUTION 2017-005 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN INTERIM USE PERMIT FOR THE PURPOSES OF A NON-OWNER OCCUPIED RESIDENTIAL RENTAL WHEREAS, Paul Reber, owner, has properly applied for an interim use permit for a non- owner occupied residential rental in a B-1 Central Business on the property generally described as 13 Ash Street East, St. Joseph, MN and legally described as follows: The South Half(S1/2) of Lot 6, Block 13, Original Town of St. Joseph, Stearns County, Minnesota. "Subject Property" WHEREAS,the St.Joseph Planning Commission held a public hearing on the interim use permit on February 13, 2017, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on February 13, 2017, the St. Joseph Planning Commission reviewed the proposed interim use permit and adopted Findings of Fact in support of granting an interim use permit and recommended approval of the request for an interim use permit to the City Council. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.JOSEPH,MINNESOTA, hereby makes the following Findings of Fact: 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 by Ordinance is three unrelated persons. 7. Upon review of the application it was determined complete and met the criteria for issuance. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH,MINNESOTA, as follows: 1. Based on the aforementioned Findings of Fact, an interim use permit("Permit") to allow for a non-owner occupied residential rental unit on the Subject Property is hereby granted. 2. 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 and City Council to place a termination date on the Interim Use Permit and require an annual review of the same. 3. 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. 4. The property owner will manage the property in compliance with the St. Joseph Code of Ordinances. 5. Expiration: 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. 6. Revocation: The City Council shall revoke the interim use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 6th day of March, 2017. CITY OF ST. JOSEPH By Rick Schultz, Mayor By City Administrator CITY OF ST. JOSEPH RESOLUTION 2017-006 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN INTERIM USE PERMIT FOR THE PURPOSES OF A NON-OWNER OCCUPIED RESIDENTIAL RENTAL WHEREAS, Paul Reber, owner, has properly applied for an interim use permit for a non- owner occupied residential rental in a B-1 Central Business on the property generally described as 110 College Avenue North, St. Joseph, MN and legally described as follows: The North Half(N1/2) of Lot 6, Block 13, Original Town of St. Joseph, Stearns County, Minnesota. "Subject Property" WHEREAS,the St.Joseph Planning Commission held a public hearing on the interim use permit on February 13, 2017, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on February 13, 2017, the St. Joseph Planning Commission reviewed the proposed interim use permit and adopted Findings of Fact in support of granting an interim use permit and recommended approval of the request for an interim use permit to the City Council. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.JOSEPH,MINNESOTA, hereby makes the following Findings of Fact: 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 College Avenue North. The maximum density allowed by Ordinance is three unrelated persons. 7. Upon review of the application it was determined complete and met the criteria for issuance. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH,MINNESOTA, as follows: 1. Based on the aforementioned Findings of Fact, an interim use permit("Permit") to allow for a non-owner occupied residential rental unit on the Subject Property is hereby granted. 2. 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 and City Council to place a termination date on the Interim Use Permit and require an annual review of the same. 3. 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. 4. The property owner will manage the property in compliance with the St. Joseph Code of Ordinances. 5. Expiration: 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. 6. Revocation: The City Council shall revoke the interim use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 6th day of March, 2017. CITY OF ST. JOSEPH By Rick Schultz, Mayor By City Administrator