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Home My WebLink About[06] Public Hearing, IUP - 409 College Ave N Planning Commission Agenda Item 6 MEETING DATE: July 10, 2017 AGENDA ITEM: Public Hearing, Interim Use Permit Rental Request 409 College Ave. N 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-2 ordinance was amended to allow non-owner occupied rental units in a B-2 Highway Business District through the issuance of an interim use permit. In 2007, 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: Dale Schneider, 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-2 Highway 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 Interim Use Permit to allow a rental license for 409 College Ave. N. THIS PAGE INTENTIONALLY LEFT BLANK City of St. Joseph IN RE: FINDINGS OF FACT Application of Dale Schneider AND DECISION Interim Use Permit at 409 College Avenue North Rental in B2 Zoning District –as defined by St. Joseph Code of Ordinances 520.54 Subd. 6 FINDINGS OF FACT On July 10, 2017, the St. Joseph Planning Commission conducted a public hearing to consider the application of Dale Schneider for an Interim Use Permit to allow a non-owner occupied rental unit within a B-2 Highway Business District at 409 College Avenue North, 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 Dale Schneider 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 22, 2017, the City received an application for an Interim Use Permit for the property located at 409 College Avenue North. 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 520.54 Subd. 6 provides property owners in a B2 Highway 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- 409 CollegeAve. N � { �.�� Y � �,.' �"'� 4�� '' i�ri�, "8 ° '�" a� .w te� � t t� i� -��,' � ��.� n,M�,. a ; +�g„� j,v ...��pki �"�t � •� �� r t'� ( �x4� e ' � 1I. � J q ` ��w: :��. .� � �� ., �. �'"�i, a �°',, - �� . � , A .�';; '� �'� �'��Y"�� S + � �' '� 4�7 ;��` • iµ'k� , , � . , �.. . . - y �,h�ei.i�:ry5 iM1� . . ,. �_ �,.., � . r F� :.� � �� ... ...,. .:;. .. x 1�e� . ., . , . aS "'q3T, z:�i�`"��., "'�'��, &'� . ,, . . ,�„ � ,. . . . . .,,. . -a�a<�� .w . . . ... - �� .�. .. � � . . . .�� . ..� . ,.. � , , , � ..�w. � ,. � . ' +,�� : . { � . ;� ., �' ,�. +�'� i , . ��-�... .. . _ . . �� . �P�� . ., ., ,� �Q7 �. � i w x �� .,, �...� � `,}��'Y.., x` � F^ ,ay. .9 n i ��. r - .. �1'.!� � � '! � � `y x . , },�� .�. 35!' �.._ P" k ..n ;. � }� .��+' � � . � . K,d.. ,' �,,, i � �� . f. J �e�.� , �; ��ha._ �5�� '. " .�`.." a . �. � a .:.i Y . a > �'� ��. 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JOSEPH 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): c e 1Gc-v Date: AV/7 Address: 3/l 9 7 ll. j 5T T o_ccAl%1 -h'7y Phone Number(s): 320 3e 3 g 2 73 Email Address: ..5c. yc. 4 O .C. INFORMATION ON PROPERTY OWNER(if different from Applicant): Property Owner: Address: Telephone: Email: PROPERTY INFORMATION: / Street Address of Subject Property(if different then above): t o� C�/��t �t-A-c_ j17 Total Area(Acres or Square Feet)of Subject Property: 'l 3:1&'3 0 0 Complete Legal Description of the Property: State exactly what will be done on the property if the Interim use Permit is granted: 1,,,:// - G.f Expl in why4vou are requesting to use the property as described above: ti/e. fro_ ....J I yee..s fl') t,Jf.1/t l/Wh. �i ?0.--z1!�/ S / —4 f� fjCa - a .w.Q'ky - rn y We a� -,4 £((4 t St.Joseph Application for Interim Use 'Y.jr Li, Page/4 c ;5 fft.ft,21 o..1 S''SYS 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): Date: Date: /' Property Owner Signature(s): �. * _sAm... . Date: (D/4/1/7 Date: STAFF USE ONLY Application Fee Received by: Lrnik Date Received: 2/'?/ / Date of Planning Commission Hearing: Publication Date: Planning Commission: Approved Denial Date of Action: City Council: Approval Denial Date of Action: St.Joseph Application for Interim Use Page l 5 �� JL ��o ��JL.I�� www.cityofstj oseph.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 409 College Ave. N, St. Joseph, MN as submitted by, Dale Schneider, Mayor owner and applicant. The property is legally described as Lots 4 & 5, Block 1, Loso's Third Addition, Stearns County, Minnesota. Rick Schulc� St. Joseph Code of Ordinances 520.54 subd. 6 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 unit for a specific Coun�ilors period of time. The maximum density for rental units under the interim use Troy Goracke permit shall be limited to the density which is allowed in the R-1, Single Family Macc Killam Residential District. Bob Loso Dale Wick Judy Weyrens Administrator Publish: June 29, 2017 75 Callaway Street East • Saint Joseph,Minnesota 56374 Email ciryoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342