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Home My WebLink About[04g] Interim Use Permit, Rental Requests Council Agenda Item 4g MEETING DATE: July 17, 2017 AGENDA ITEM: Interim Use Permit (IUP) Rental Request st 104 1 Ave. NW SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (4-0) recommends approval of the Findings of Fact and Interim Use Permit allowing for a non-owner occupied residential rental. PREVIOUS COUNCIL 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. There have been no complaints or incidences on the rental. 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 Planning Commission will review the IUP within three years to determine if the property is ready to transition to commercial based on the surrounding property and if it is, the IUP shall expire. If the property is not ready for commercial redevelopment based on the surrounding property, the IUP will expire within six years. 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 City Council Action Resolution 2017-028 Adopting Findings of Fact and Approving IUP Location Map Application REQUESTED COUNCIL ACTION: Approve Resolution 2017-028 adopting Findings of Fact and granting an Interim Use Permit to allow a non- st owner occupied residential rental license for 104 1 Ave. NW. This page intentionally left blank 1 RESOLUTION 2017-028 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN INTERIM USE PERMIT FOR THE PURPOSE OF A NON-OWNER OCCUPIED RESIDENTIAL RENTAL WHEREAS, Irma Hoffman, owner, has properly applied for an interim use permit for a non- owner occupied residential rental in a B-1 Central Business District on the property generally described as ST 104 1 Avenue NW, St. Joseph, MN and legally described as follows: The North 54 feet (N54’) of the South 116 feet (S116’) of Lot 7, Block 12, Townsite of St. Joseph, Stearns County, Minnesota. “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the interim use permit on July 10, 2017, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on July 10, 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 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 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 17th day of July, 2017. CITY OF ST. JOSEPH By Rick Schultz, Mayor By City Administrator 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. 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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 Council Agenda Item 4g MEETING DATE: July 17, 2017 AGENDA ITEM: Interim Use Permit (IUP) Rental Request 409 College Ave. N SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (4-0) recommends approval of the Findings of Fact and Interim Use Permit allowing for a non-owner occupied residential rental. PREVIOUS COUNCIL 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. This past spring the Police Department followed up on noise and fire complaints on the property. 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 Planning Commission will review the IUP within three years to determine if the property is ready to transition to commercial based on the surrounding property and if it is, the IUP shall expire. If the property is not ready for commercial redevelopment based on the surrounding property, the IUP will expire within six years. 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 City Council Action Resolution 2017-029 Adopting Findings of Fact and Approving IUP Location Map Application REQUESTED COUNCIL ACTION: Approve Resolution 2017-029 adopting Findings of Fact and granting an Interim Use Permit to allow a non- owner occupied residential rental license for 409 College Ave. N. RESOLUTION 2017-029 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN INTERIM USE PERMIT FOR THE PURPOSE OF A NON-OWNER OCCUPIED RESIDENTIAL RENTAL WHEREAS, Dale Schneider, owner, has properly applied for an interim use permit for a non- owner occupied residential rental in a B-2 Highway Business District on the property generally described as 409 College Avenue North, St. Joseph, MN and legally described as follows: Lots 4 & 5, Block 1, Loso’s Third Addition, Stearns County, Minnesota. “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the interim use permit on July 10, 2017, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on July 10, 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 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 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 520.54 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 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 17th day of July, 2017. CITY OF ST. JOSEPH By Rick Schultz, Mayor By City Administrator 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 Council Agenda Item 4g MEETING DATE: July 17, 2017 AGENDA ITEM: Interim Use Permits (IUP) Rental Requests a. 119 College Ave. N st b. 119 1 Ave. NE c. 30 Birch St. E 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. PREVIOUS COUNCIL ACTION: In 2007, the B-1 and B-2 ordinances were amended to allow non- owner occupied rental units in a B-1 Central Business District and B-2 Highway Business District through the issuance of an interim use permit. Interim use permits were granted for non-owner occupied residential rentals on the properties. BACKGROUND INFORMATION: Mike Deutz, 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 (119 College Av. N) and B-2 st Highway Business District (119 1 Av. NE & 30 Birch St. E). The properties are currently non-owner occupied residential rentals with interim use permits 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 Planning Commission will review the IUP’s within three years to determine if the properties are ready to transition to commercial based on the surrounding property and if it is, the IUP’s shall expire. If the properties are not ready for commercial redevelopment based on the surrounding property, the IUP’s will expire within six years. 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. th Public Input: On July 10, the Planning Commission held public hearings on each IUP request. Melissa Welsh, Central MN Realty located at 38 Birch St. E. spoke at the hearing and voiced concerns about property maintenance related to trash, such as an old snowmobile, tv, etc. Mr. Deutz clarified that the property in question is 24 Birch St. E and is not a part of the IUP requests. Renters Warehouse, a property management company, has been managing the property and Mr. Deutz indicated he will be taking back management of the property. Police Chief Klein is also following up with the nuisance issues (old st machinery, bikes, etc) at 24 Birch St. E property. The subject properties (119 College Av. N, 119 1 Av. NE & 30 Birch St. E) have had no recent incidences and are in compliance with city ordinances. ATTACHMENTS: Requests for City Council Action Resolution 2017-030 Adopting Findings of Fact and Approving IUP Resolution 2017-031 Adopting Findings of Fact and Approving IUP Resolution 2017-032 Adopting Findings of Fact and Approving IUP Location Maps Applications REQUESTED COUNCIL ACTION: Approve Resolution 2017-030 adopting Findings of Fact and granting an Interim Use Permit to allow a non-owner occupied residential rental license for 119 College Ave. N. Approve Resolution 2017-031 adopting Findings of Fact and granting an Interim Use Permit to allow a st non-owner occupied residential rental license for 119 1 Ave. NE. Approve Resolution 2017-032 adopting Findings of Fact and granting an Interim Use Permit to allow a non-owner occupied residential rental license for 30 Birch St. E. Administrator Note: The City received an email during the Planning Commission meeting from Glen Werner and Casey Owen and since email is not available during the meeting, the letter was not part of the public hearing. In fact, the public hearing was closed with a motion to approve the IUP’s. Since the hearing was closed the letter cannot be part of the hearing. However, it is included so that the Council is aware of the neighborhood concerns. RESOLUTION 2017-030 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN INTERIM USE PERMIT FOR THE PURPOSE OF A NON-OWNER OCCUPIED RESIDENTIAL RENTAL WHEREAS, Michael Deutz, Deutz Investments, LLC, owner, has properly applied for an interim use permit for a non-owner occupied residential rental in a B-1 Central Business District on the property generally described as 119 College Avenue North, St. Joseph, MN and legally described as follows: Lot 4, Block 12 and the North 66 feet (N66’) of the South 132 feet (S132’) of Lots 4, 5, 6, Block 12, Townsite of St. Joseph, Stearns County, Minnesota. “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the interim use permit on July 10, 2017, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on July 10, 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 June 20, 2017, the City received an application for an Interim Use Permit for the property located at 119 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 17th day of July, 2017. CITY OF ST. JOSEPH By Rick Schultz, Mayor By City Administrator RESOLUTION 2017-031 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN INTERIM USE PERMIT FOR THE PURPOSE OF A NON-OWNER OCCUPIED RESIDENTIAL RENTAL WHEREAS, Michael Deutz, owner, has properly applied for an interim use permit for a non- owner occupied residential rental in a B-2 Highway Business District on the property generally described st as 119 1 Avenue Northeast, St. Joseph, MN and legally described as follows: Lot 3, and Part of Lot 4, Block 1, Loso’s Fifth Addition, Stearns County, Minnesota. “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the interim use permit on July 10, 2017, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on July 10, 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 June 20, 2017, the City received an application for an Interim Use Permit for the property st located at 119 1 Avenue Northeast. 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 520.54 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 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 17th day of July, 2017. CITY OF ST. JOSEPH By Rick Schultz, Mayor By City Administrator RESOLUTION 2017-032 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN INTERIM USE PERMIT FOR THE PURPOSE OF A NON-OWNER OCCUPIED RESIDENTIAL RENTAL WHEREAS, Michael Deutz, Deutz Housing, LLC, owner, has properly applied for an interim use permit for a non-owner occupied residential rental in a B-2 Highway Business District on the property generally described as 30 Birch Street East, St. Joseph, MN and legally described as follows: Lot 12, Block 13, and the East 11 feet (E11’) of Lot 5, Block 13, Peter Loso’s Addition and the East 11 feet (E11’) of Lot 5, Block 13, Townsite of St. Joseph, Stearns County, Minnesota. “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the interim use permit on July 10, 2017, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on July 10, 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 June 20, 2017, the City received an application for an Interim Use Permit for the property located at 30 Birch Street East. 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 520.54 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 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 17th day of July, 2017. CITY OF ST. JOSEPH By Rick Schultz, Mayor By City Administrator Interim Use Permit Request- 119 College Ave. N � �, .. :.. ..M�_ ,� . w � , _. � . �, �� .�. � � .� � � � �� €�. .� w� � � ....:, �l �, � � �. � �� . . . . , - �s. „ � � � � ,� ��.:.`�- P ,'�� k.«r�'71fy S�{ 1 ��b��J �r ' , �, �y�( .. *l '+ "�` �`r .. �.- � , ... �}, � ��' '.'F �� ` . • > W'.. , .. . . . .,., : �, ,� �. .� ..:i' >:i .; e T _ 4.� �y� t �e �f :�.�.+. �; �� .�. � ��'��;'�,��'�"3 �6c'"* 1��` ��.a� f, � s � a�'` . , � .' > s.f� ��a: � �+� r�.,,�, {� ��I ` ��. �' �. 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' aa.. . . , . ,.. .. ` Y .' . . . . . ` �'. . . ` fi '.�'. . �, ,�k. � � � � � . . � �.` �� ..: June 23,2017 1:500 Parcel 0 0.005 0.01 0.02 mi �t r �Tr-� • �--�—r� � Municipal Boundaries 0 0.0075 0.015 0.03 km SEH Aerial flight spring 2015 SEH SmertConnect User SEH d OhT4,410SePil'COM CITY OF ST, 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): Dr)j Df`'_.a+ Z Date: (.D _ ' C " l"1 Address: P. 0. 'ibhX t 0 Sq )oseph ) r J t 0 31 q Phone Number(s): 3a0 cxy) Email Address: rd&u -7 1 1 \,j 2 r C:tem INFORMATION ON PROPERTY OWNER(if different from Applicant): Property Owner: Address: Telephone: Email: PROPERTY INFORMATION: Street Address of Subject Property(if different then above): I l.c b I e9 A ve- K). Total Area(Acres or Square Feet)of Subject Property: Complete Legal Description of the Property: • • - `�' 0.' • ' iiia a L. 'Z• Mr .'.s Lc eviock Se I\J ('. '0I0 SPC -i 10 r\Rh:►p la(-1 kQ.nc e O State exactly what will be done on the pro erty if the Interim use Permit is anted: nr uke- c �;1�� R2v ko / SI-CA -Explain why you are requesting to us the property as described above: S 1 n n l �Dl.6Yl i QP C\3-CLQ / S41.t Qn NA;1 St.Joseph Application for Interim Use Page/4 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 INTENTIO► S. Applicant Signature(s): Date: Date: 1/4-74 4 O Property Owner Signature(s): 12- Date: Date: STAFF USE ONLY Application Fee Received by: l l Date Received: ��t�/� 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 5 • ".vavAittoseph coal CITY OF ST. JOSEPH City of St. Joseph Application for Interim Use Permit 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): Ike, De,L t Z, Date: (o ' ' 1-7 Address: ID, , 60x 9-)61 v 30geph y 1n) 5 L0 �,i'1 Phone Number(s): 39\ q a — 9 0 0 0 Email Address: rod.cut 7. e, I 1 \J - C,crc) INFORMATION ON PROPERTY OWNER(if different from Applicant): Property Owner: Address: Telephone: Email: PROPERTY INFORMATION: Street Address of Subject Property(if different then above): j ICI 1 Sf A f�, ( E, Total Area(Acres or Square Feet)of Subject Property: � Complete Legal Description of the Property: P(X ( l 1 4 . 5 3i`PC( 1 O Q o o State exactly what will be done on theroperty if the Interim use P rmit is granted: Si nc3� m . 0. i 1 l� P:rkti Q ( S p�o�J- fou -i Explain why you are equesting to usejj he�p�roperty as described a ove: otrn i I LI K-QI' CL / S-FU d'QA k n St.Joseph Application for Interim Use Page/4 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 INTENTIO . Applicant Signature(s): Date: Date: Property Owner Signature(s): Date: Date: ,(,� STAFF USE ONLY Application Fee Received by: S'>ft Y \ Date Received: a/A717 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 I 5 .:v%1'aSyS stiasePh.rott CITY OF ST. 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): I '\I ke, c.c. t• Z Date: c Address: P_ O• .60X ?"I s4 • ,1 o sep h 1 5 lt13- Phone Number(s): 3'() - a L) b - a DC 0 Email Address: YY10\e,Vt�"7_ I I \M... . C rn INFORMATION ON PROPERTY OWNER(if different from Applicant): Property Owner: Address: Telephone: Email: PROPERTY INFORMATION: Street Address of Subject Property(if different then above): 3 D bj f`(' 1 S+, Total Area(Acres or Square Feet)of Subject Property:� I- Complete Legal Description of the Property: (X # 53'-1 , 53 5 L,c c)c)Qc) State exactly what will be done on the pmperty if the Interim use P rmit i grante : gni l Q i K e,�t Sit kaHOUS)-(C-9r Explain why you are requesting to us the property as describe= i(Q .rGt \r 19 Q.9"1,* / cS ' 1401A gi(\o) 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 STATES Y INTENTION . Applicant Signature(s): Date: Property Owner Signature(s): 404 Date: Date: Date: STAFF USE ONLY Application Fee Received by: -1:A__ Date Received: r1/42d/' 7 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 From:Glennis Werner To:Therese Haffner Subject:Glen Werner/Patrick Owen 103 E. Ash St. St. Joseph Date:Monday, July 10, 2017 6:14:59 PM Ms. Haffner, I’m writing in response to the letter and City Council meeting regarding the interim use permit for properties adjacent to our home. While I have no issue with the City Council approving permits that meet city ordinance requirements, I’m interesting in continuing to encourage support for our police department to enforce all ordinances. How this relates to permits, landlords, and tenants, is many of the tenants become a problem for me as a homeowner. I will support allowing any landlord to make a living via a rental property as long as we are all held accountable to a civil standard of living outlined in City of St. Joseph ordinances. In the brief two years I have lived in St. Joseph I have become involved in too many middle-of-the- night calls to 911 seeking support for noise, damage, and intrusion into my life. I simply want to raise my daughter and sleep through the night and often the disruptions are caused by tenants renting properties on 1st Ave and Ash St. Police Chief Joel Klein and his entire team of officers have been very helpful and supportive of my efforts to live safely and with civility in my home. I encourage any permit approvals go along with an understanding that this transient population of renters be as accountable for creating and maintaining community as homeowners. I request that you continue to use city ordinances as the conduit to make this happen. Disruptions to my life at 3am need to quickly become a thing of the past. Thank you for sharing my request with the pertinent staff in the City of St. Joseph and thank you for the hearing notification and opportunity to respond. Glen Werner Casey Owen 103. E. Ash St. c (320) 406-7618 Total Control PanelLogin To:Message Score: 1High (60): Pass thaffner@cityofstjoseph.com My Spam Blocking Level: MediumMedium (75): Pass From: glennis51@gmail.com Low (90): Pass Block this sender Block gmail.com This message was delivered because the content filter score did not exceed your filter level.