The URL can be used to link to this page

Home My WebLink About[06a-ii] Conditional Use Permit, Bed & Breakfast 11 Council Agenda Item 6a-ii MEETING DATE: March 6,2017 AGENDA ITEM: Conditional Use Permit(CUP)Request Bed and Breakfast(B &B),29 Minnesota Street East SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission(4-0) recommends approving a Conditional Use Permit and Findings of Fact in support of allowing a Bed and Breakfast at 29 E Minnesota St. PREVIOUS COUNCIL ACTION: Last December, after a recommendation from the Planning Commission, the City Council amended the zoning ordinance to allow an owner or non-owner occupied Bed and Breakfast as a conditional use in a B-1 Central Business District. BACKGROUND INFORMATION: Cory Ehlert, owner and applicant has requested approval of a conditional use permit to allow for a non-owner occupied B &B in the existing single family detached home at 29 E Minnesota Street,which is located within the B-1 Central Business District. The applicant proposes to renovate the home to include four guest suites and a caretaker's room. Access and parking would be behind the home off of the alley as it is currently. City ordinance requires off-street parking be provided with four spaces for each three-bedroom dwelling and an additional 1.25 spaces for each additional bedroom,which requires six spaces.Additionally,the parking lot must be paved and striped. The proposed plan meets the City's off-street parking ordinance. The Planning Commission held a public hearing on February 13`h and a neighboring resident spoke in favor of the conditional use permit request for the proposed Bed and Breakfast. ATTACHMENTS: Request for City Council Action Resolution 2017-004 Adopting Findings of Fact and Approving CUP Application, Site and Elevation Plans REQUESTED COUNCIL ACTION: Approve Resolution 2017-004 adopting Findings of Fact and granting a Conditional Use Permit for a Bed and Breakfast at 29 Minnesota Street East. THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION 2017-004 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT FOR THE PURPOSES OF OPERATING A BED AND BREAKFAST. WHEREAS, Cory Ehlert, Cory Commercial LLC owner, has properly applied for a conditional use permit for a Bed and Breakfast on the property generally described as 29 Minnesota Street East, St. Joseph, MN and legally described as follows: The East 46.00 feet of Lot 14, Block 10, Original Town of St. Joseph, Stearns County, Minnesota. "Subject Property" WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional 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 conditional use permit and adopted Findings of Fact in support of granting a conditional use permit and recommended approval of the request for a conditional 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. That Cory Commercial LLC, hereinafter referred to as "Applicant,"properly applied for a conditional use permit to allow for the construction and operation of a Bed and Breakfast. 2. That the applicant appeared before the St. Joseph Planning Commission for a public hearing pursuant to City Code on February 13, 2017 and that said public hearing was properly advertised, and the minutes are hereby incorporated as part of these findings by reference. 3. That the Subject Property is zoned B-1, Central Business District and a Bed and Breakfast is a permitted Conditional Use. 4. That the conditional use will not be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood and will be harmonious to the to the objectives of the Comprehensive Plan of the City. 5. That the Bed and Breakfast will be located within the existing home on the property to be remodeled and will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with character of the area and will not be hazardous or disturbing to existing or future neighboring uses. 6. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. 7. That the conditional use will not involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. That the existing access from the alley at the rear of the property will provide access and will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 9. That the proposed parking lot will be located at the rear of the property behind the house and will provide sufficient off-street parking and loading space to serve the proposed use. 10. That the conditional use will not result in the loss or damage of natural, scenic or historic feature and the soil conditions are adequate to accommodate the use. 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, a conditional use permit ("Permit") to allow for a Bed and Breakfast on the Subject Property is hereby granted to Cory Commercial LLC ("Permittee"). 2. A guest register showing the name, permanent address, motor vehicle license number, and date of all guests of the bed and breakfast and subject to the lodging tax is required. 3. The Bed and Breakfast shall be governed under the requirements of the MN State Building Code but shall have no more than five (5) sleeping rooms. 4. An operator shall be on-site during guest stays. 5. Sleeping rooms will only be offered for overnight lodging of guests for a maximum of seven (7) consecutive days during any thirty (30) day period. 6. The dining facilities shall not be open to the public, but shall be used exclusively by the registered guests. 7. No provisions for cooking will be provided in any of the sleeping rooms. 8. A building permit(s) will be required prior to the remodeling and the operation of the bed and breakfast. A Certificate of Occupancy will not be issued until all of the exterior and interior improvements are completed to the approved site, elevation and building permit plans. 9. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. The establishment must submit proof of operation licenses and approvals by the county and state to the City. A Certificate of Occupancy will not be issued until such proof is submitted to the City. 10. All lighting shall deflect away from adjacent properties. 11. The off-street parking ordinance shall be met. The parking lot shall be paved with a hard surface, such as asphalt or concrete, striped, and designed to drain and dispose of surface water. 12. Greenspace must be planted and maintained along the perimeter of the property. Densely planted conifer trees or shrubs of at least four feet high shall be planted and maintained along the east side of the parking lot to provide year round screening to the adjacent residential use. 13. The rental inspector shall annually inspect the bed and breakfast to assure life safety measures are satisfied. Typical rental inspection fees will apply and be the responsibility of the property owner. 14. The City shall have the right to inspect the premises for compliance and safety purposes at any time upon reasonable request. 15. Any recreational bonfire must be located in a designated area approved by the Fire Chief. Proper fire safety measures must be in place, such as a hose and water during use. 16. Revocation: The City Council shall revoke a conditional use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. A certified copy of an order of the City revoking a conditional use permit shall be filed with the County Recorder for recording. 17. Expiration: If within one (1) year after issuance of granting a conditional use permit the use permitted has not started, then the permit is null and void, unless the City Council has approved a petition for an extension. The conditional use permit shall expire if the authorized use ceases for any reason for more than one (1) year. 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 .,r. cu,•ojstioscPh com CITY OF ST. JOSEPH City of St. Joseph Application for Conditional Use Permit Applicant Phone: 3a Q - �.ZO — /o r 2 Email: �,Q y eA ld4T Mailing Address: Property Owner: 4rA7 eo 2 y CO�oM l4&,mac! 4, 4. e (I-eO 0,4 &,zrJ Phone: 316 �i 10 --/'0J- ;-- Email: G o,G I -e-,4 letT IF moo(„✓a►- 2�a-� �% Mailing Address: 4,27/ PROJECT INFORMATION: Project/Development Name Project Location —7-4 -c ES T ."f TCS 9,e./ 7— S TiseeZ, ^'t/, 627 Parcel Identification Number (PIN): Legal Description of Property (attach a separate document if needed): e_raT E. Pi v PL07- — Lo T o l y 610 r- le D/y aF ToW0S- Tw, of Sf TesC,i.4 SC CTIor)—%utynl.r%.'✓ %8AryGE 0X9 Purpose of Conditional Use Permit:ytYC l°rd�I' 7CO2 �D�t.IM�IeG��?L use= �t- 13` +mo /gi -*4 le- e;rw-rT & s. Av'ESS 11P5' /-/ .*f i TF0 /9A4oa,v7 Hours of operation, including days and times: SuN n!i , AIOV! �, A*y L 2 ofoq Submission Requirements: Application for a Conditional Use Permit shall be on this form and include the established application fee. The application and copies of the site plan shall be submitted three (3) weeks prior to the next Planning Commission meeting. Ten (10) 11 x 17 copies of the site plan drawn to scale, along with an electronic copy to scale showing the property dimensions, wetlands, floodplains, grading and drainage, landscaping, location of utilities, location of all existing and proposed buildings and their sizes, including square footage; location of all existing and proposed curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks must be St. Joseph Application Conditional Use Page l 3 submitted in the initial application. The City may request additional data deemed reasonable and necessary related to the conditional use. A written narrative outlining the Conditional Use requested, along with any information explaining the operation is required to be submitted as part of your application. Review and Decision by the City Council. The City Council shall review the application after the Planning Commission has made its recommendation and will make a final determination to either approve or deny the application. In the granting of approval, the City Council may impose conditions regarding the location, character and other features of the proposed building, structure or use as it may deem necessary. This application must be signed by all owners of the subject property. We, the undersigned, have read and understand the above and that we are responsible for reimbursing the City for any additional legal, engineering, building inspection or planning fees related to the Conditional Use. Signature of Applicant Date er (s) Date FOR OFFICE USE ONLY Fee: $500 Paid Cid- owl � 7 Date application submitted: Date application completed: Planning Commission Recommendation: Approved Denied Date of Action: City Council Action: Approved Denied Date of Action: Date Applicant/Property owner notified: St. Joseph Application Conditional Use Page l 4 Narrative for Conditional Use Permit Application Introduction This narrative is to serve as supplementary information related to the conditional use permit application submitted to conduct a Bed and Breakfast business at 29 Minnesota Street, St. Joseph, Minnesota. The applicant is Cory Ehlert of Cory Commercial, LLC owner of said property. The proposed business name is "The Estates Bed & Breakfast of St. Joseph." Cory Ehlert, is the representative of Cory Commercial, LLC and "The Estates Bed & Breakfast" concerning this application. Summary of Project Cory Commercial, LLC, is proposing to utilize the property located at 29 Minnesota Street, St. Joseph, for business development of a Bed & Breakfast. This business will be fully operational year-round and staffed 24 hours a day. The remodel and renovations will create up to 4 luxury guest suites on the 1St and 2nd floors with private baths. Also on the 1St floor, will be a den/commons area for receiving guest, a dining room, kitchen, a guestroom and bathroom. A caretaker's area is also on the first floor away from the guest areas. In the commons area on first floor will be a corner dedicated to a gift shop for the purchase of gift cards and items pertinent to the area. History The property was purchased in 2010 by Cory Ehlert of Cory Commerical, LLC. It has been used as a rental property for college students since that time. In 2010 an Interim Use Permit was granted for 3 years with a 3 year extension granted in 2013. In 2016 another extension was asked for with only a one year extension granted. With the understanding that another extension would possibly not be granted, it was decided to either sell the property or develop it as a commercial business. The decision was made to develop as a Bed and Breakfast. The building itself was built in 1909. The structure is well-built and now, with proper renovations, this property will stand the test of time for many years to come. This business will bring in hundreds of guest to the community who will patronize local business such as restaurants, boutiques shops, coffee shops, etc. MIININE50TA 5TREET -i; ........ � I I\ 1IN m A a +' I m I -------exisriw smerv+sc I i I m4 I, dl a I I I � I I I — I I i > i A I � � I I GITY ALLEY COR-T' EMLCRT — i ROFOSED 5EU $- 5R.AK.FAST 0 21i IMINNL��G�A 5 f R'E E f — 5I. J Jf I , MN p li it p G �I rn iEl �Fn � I Fn Fn Fn rn , 1✓ t I - O s" m� _ N a. N z - �m �o @A 00 � B GOR 0' EHLEF',F - F F'O OSEF) 5EF) $ 5REAKFAST 21f ILII NNESOJ�A S f R= - ST. JOSEFI-#, MN �I 34 ~ 22 28 Y i ill Stream Shops and Lofts-, CUP Request Proposed Bed and Breakfast„ I see �8