HomeMy WebLinkAbout[05] Public Hearing, IUP- 104 1st Ave NW
Planning Commission Agenda Item 5
MEETING DATE: July 10, 2017
AGENDA ITEM: Public Hearing, Interim Use Permit Rental Request
st
104 1 Ave. NW
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Approve Findings of Fact and Decision recommending the City
Council grant Interim Use Permit allowing a non-owner occupied residential rental.
PREVIOUS PLANNING COMMISSION ACTION: In 2007, the B-1 ordinance was amended to
allow non-owner occupied rental units in a B-1 Central Business District through the issuance of an
interim use permit. In 2009, an interim use permit was granted after a recommendation from the Planning
Commission for a non-owner occupied residential rental on the property and renewed thereafter.
BACKGROUND INFORMATION: Irma Hoffmann, owner and applicant has requested approval of
an interim use permit to allow for non-owner occupied residential rental units in the existing single family
detached home. The property is in a B-1 Central Business District and is currently a non-owner occupied
residential rental with an interim use permit that will expire this August. 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 interim use permit would expire within three years and include a
provision that when the adjoining area has been converted to business, the properties must be converted to
a business use. 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
Location Map
Application
Public Hearing Notice
REQUESTED PLANNING COMMISSION ACTION:
Motion 1: Move to Approve Findings of Fact and Decision recommending the City Council issue an
st
Interim Use Permit to allow a rental license for 104 1 Ave. NW.
THIS PAGE INTENTIONALLY LEFT BLANK
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Irma Hoffmann AND DECISION
st
Interim Use Permit at 104 1 Avenue NW
Rental in B1 Zoning District –as defined by St. Joseph Code of Ordinances 520.50 Subd. 11
FINDINGS OF FACT
On July 10, 2017, the St. Joseph Planning Commission conducted a public hearing to consider
the application of Irma Hoffmann for an Interim Use Permit to allow a non-owner occupied rental unit
st
within a B-1 Central Business District at 104 1 Avenue NW, 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 Irma Hoffmann 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 June 1, 2017, the City received an application for an Interim Use Permit for the property
st
located at 104 1 Avenue NW. 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
th
Planning Commission this 10 day of July, 2017.
CITY OF ST. JOSEPH
By
Planning Commission Chair
By
Therese Haffner, Community Development Director
interim Use Permit Request- 104 1 st Ave. NW
.� � �►�'' ��{ b � �i�� � �
r � � ,
r a��:.a+�" a z . ;� �•§ i�I�'s�` y, r � v.�.
.. �..` � � � * a t� . . .•'� awr,. � .
� .,"'�' �yr�' ''�
�„y,".� � � s�s.r . -, ;. e�
'� �y'�y ' ��„,"��.. k '� �?
� > . �
,� i� ,� .�- .: .r^C. 3�ti.;° � A,�,.
> ^ �
j�, �j�XrS[. � � !. ,ry ,� '� ,.��`+O . .M h4W'h
;�y f�- �A �� '"��. t
1F. ��S � �. y� 3 4��yiar . ' �'�y �:#% �} � ��'
� � � h �P� � . � � ,'!,.
�) �� �� � , �� � �..�^"
y .� '4 �,t . . ,� *�. ..� � �'� �.:
.. , H.
W
� . ; �, �w ; „� . ,. �� a � . :. a;� . �,a� � .-�°"
" h �� *" i+�,; �.� ' 4:R4
,
.�.' , �.,.�:
..�� �tY, ' �}
r �
��W r� � � t. . � ��.. ��-
. � �^, ;-�§„ t'�� a�� .;�
���a �� �"..� h5 "�` , \�;
.�' .;.�r � , ,/; . � �e
�� . � gk� � .. � �� ..:�.a'.'
� F:' � ,�� :�„ � ..r . +r�. � f T
�,k Xs� � s. �,�'" �� ,�. . �� . � ..
��y L�„`�^3, � M, �.r
w , s
���� v '��� �" .�r�a'�"i * �
,,
��
� ��•^� �" =a �"� � )�� ��� J
' %,�"z. �� � , �..� s=... .i Y r�r.
� ��� �� �.���� � .�
'.� �,. . �.. :� ��� �� ���:�«:;. �� r��.
1{ �. � W-�. w . F ��
'� .��' �. , . � �, . ' y; �r+�."��
�i �. � t �� �' �° �r',� �5�� �' :
ir.,- � ip.. # ..��h Y=s
t : q`" °Y`, �} _M " .+ tt���,x.
� � *� '
4 � �i. �'- � � #. «+ ��� � ��. � .
� �'� ,��, "�`'J' _. �`,�`,. a r � � .�
�r
�a �. �7"' , �u.. . .
�°�" f� ,{ ° ;Y ,�;w.''°��' 'n f � '� `^�' �� ir1:�
�7 4� 'tlT�T�� vNt 5�, > P�,�`�ai� �, �',.#i t t
�, � >'�r � � ;�""s` '�"'�'����, t�� � �
R� +.2`�. t .�F �� Jf*� �F�� �
� �..r+^'� � ;: : .� �'�.��' �' ��/ E_` ,.
y � k Y �1 4"a'� *4,�` Y ^�
�
.,.. � � f�, '�M .a � �� � �t� � ' � ,4� ��"4`� �., '� � .
�p�� e� �r` , � d S; � �. .
� � �' .�'n � �
= a � �� ��„
� � y
� .
� `� �'_. �. .�.. ;a'�
v +�� � � �`e �� :� � i
.
.
r�
n� � .:: �i, � �, ...� .. ..
�,, . � � � ��tl,.�
�� ��7 �� -:!' `� g � .. � � .:
+l� �r� , ��;
� , � ,
� r
.
, - .., r
,
, �=
�ti �k
.� � ' .. dhvC',� _ � Y
y� s�."-� . . .
y x:
i� t ��.�..,"�" M^ 1 � tt� , �.,V�' .^'� � �2v�s§V
��u; � � � � ��; :� k
� � � ,
„ � '
� - � . .
�,_
{ rt � '^ . ��.
..:..,.. o c
��
,
r , ..
1 '+
, �, . -,
�, , _ , r�
Y,�:.
June 26, 2017 1:1,000
0 0.0075 0.015 0.03 mi
Parcel i—� �TT '�����—'►
0 0.0125 0.025 0.05 km
�,� Municipal Boundaries
SEH
Aerial flight spring 2015
SEH SmartConnect User
SEH
a
vi•r tyaistioseph mm
CITY OF ST. JOSEPH .., •F
City of St. Joseph
Application for Interim Use Permit SCANNED
Application 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): P-- m 14 C - e '= Date: ..�- 19-/7
Address: 3 •6 . 8 6 n q ` -5 3-0 e / h 114 0 ± Q i ) 3�-
Phone Number(s): 3 0 — 3 r i+
Email Address:
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 1St i4✓Q • AJ -IA) ' t -J c 5 E PA • tn.
Total Area(Acres or Square Feet)of Subject Property:
Property Tieacription:
Complete Legal Description of the Property:_ N54'OF Si 1Cr OF'LOT 7 BLK 12
SubdivisionName TOWNSITE OF ST
JOSEPH Lot 007 Block 012 SubdivisionCd
84022 Section 10 Township 124 Range
024
State exactly what will be done on the property if the Interim use Permit is granted: R.e- W L
Explain why you are requesting to use the property as described above:+o ke tJ't' 0 U fi
St.Joseph Application for Interim Use Poge 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 STATES MY INTENTIONS.
Applicant Signature(s): .C Date: .-—31-17
Date:
Property Owner Signature(s):4-,A.,64 C Date: :7--3/-/ 7
Date:
/ STAFF U ONLY elf/C7
Application Fee Received by: M. { ' Date Received: 6/ I 1
Date of Planning Commission Hearing:=1_/:_ =r7/1 [ 1 Publication Date:
Planning Commission: Approved Denial Date of Action:
City Council: Approval Denial Date of Action:
643 RAAI z. 7/310
PAID
JUN 0 2011
CITY OF ST JOSEPH Imo'- e
St.Joseph Application for Interim Use Page 15
���� �JL ��o ���JLI��
www.cityofstjoseph.com
City of St. Joseph
Notice of Public Hearing
Interim Use Permit
The St. Joseph Planning Commission shall conduct a public hearing on
Administrator Monday, July 10, 2017 at 6:00 PM or as soon thereafter as the matter may be
Judy Weyrens heard at the St. Joseph City Hall, 75 Callaway Street East. The purpose of the
hearing is to consider an Interim Use Permit to allow non-owner occupied
rental at 104 lst Avenue NW, St. Joseph, MN as submitted by, Irma Hoffmann,
Mayor owner and applicant. The property is legally described as the N54' of the S 116'
of Lot 7, Block 12, Townsite of St. Joseph, Stearns County, Minnesota.
Rick SchulrL 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
commercial from residential shall be allowed an interim use permit as a rental
Councilors unit for a specific period of time. The maximum density for rental units under
Troy Goracke the interim use permit shall be limited to the density which is allowed in the R-
Matt Killam l, Single Family Residential District.
Bob Loso
Da1e Wick
Judy Weyrens
Administrator
Publish: June 29, 2017
75 Callaway Street East• Saint Joseph,Minnesota 56374
Email cityoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342