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Home My WebLink About[05] Conditional Use Permit, 329 Lanigan Way SE Council Agenda Item 5 MEETING DATE: November 6, 2017 AGENDA ITEM: Conditional Use Permit (CUP) Rental Request 329 Lanigan Way SE SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (4- 1) adopted Findings of Fact and recommends the City Council grant a non-owner occupied residential rental. PREVIOUS COUNCIL ACTION: The City has regulated residential rentals since 2000. In 2010, the City Council approved a rezoning for Rivers Bend Plat 2 subdivision to R-4 Townhouse/Patio Home Residential District as requested by the developer at that time, which was consistent with the Land Use Plan of the Comprehensive Plan. The developer’s request was based on their plan to construct patio homes due to the high water table and to utilize the lot area standards that the R-4 District allowed. BACKGROUND INFORMATION: Anthony Welter who serves as Power of Attorney for his parent’s Phil and Kathleen Welter (property owners) has requested approval of a conditional use permit to allow for a non-owner occupied residential rental unit in a single family patio home located in the Rivers Bend subdivision at 329 Lanigan Way SE. The property is in an R-4 Townhouse/Patio Home Residential District and a non-owner occupied rental is allowed as a conditional use provided the housing is for persons age 55 or older. Conditional Use Permits are reviewed for approval based on findings of fact as established within the zoning ordinance as included within the resolution. Public Input: The Planning Commission held a public hearing on the conditional use permit request on th October 30. Four residents from the Rivers Bend neighborhood spoke at the public hearing voicing concerns with allowing a rental and are not supportive of allowing rentals. They are concerned that the property will not be maintained and that their property values will go down. Developer Cory Ehlert shared that his mother and father in-law would be the tenants renting the property and suggested the neighborhood be rezoned to R-1. The proposed rental would not be allowed on the subject property under the R-1 district. The Land Use Plan of the Comprehensive Plan guides the property for medium density residential; therefore, an R-1 zoning designation would not be consistent with the Comprehensive Plan. Such a rezoning would require a land use amendment prior. The Planning Commission discussed looking at rentals further with the potential of amending the zoning ordinance. The Planning Commission (5-0) initiated studying residential rentals. Staff will compile information on rentals and bring back to the Planning Commission to review (i.e. review how rentals in each zoning district are regulated, review the number of registered rentals within the city, review type of violations on rentals, etc.). ATTACHMENTS: Request for City Council Action Resolution 2017-059 Adopting Findings of Fact and Approving CUP Location Map Application REQUESTED COUNCIL ACTION: Approve Resolution 2017-059 adopting Findings of Fact and granting a Conditional Use Permit to allow a non-owner occupied residential rental license for 329 Lanigan Way SE RESOLUTION 2017-059 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT FOR THE PURPOSES OF A NON-OWNER OCCUPIED RESIDENTIAL RENTAL. WHEREAS, Anthony Welter, applicant, as the Power of Attorney for Philip and Kathleen Welter, owners, has properly applied for a conditional use permit for a non-owner occupied residential rental on the property generally described as 329 Lanigan Way SE, St. Joseph, MN and legally described as follows: Lot 5, Block 1, RIVERS BEND PLAT 2, Stearns County “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional use permit on October 30, 2017, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on October 30, 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 the Subject Property is zoned R-4, Townhouse/Patio Home Residential District and a non-owner occupied residential rental for elderly housing or persons age 55 or older is a permitted Conditional Use. 2. That Anthony Welter, hereinafter referred to as “Applicant,” properly applied for a conditional use permit to allow a non-owner occupied residential rental. 3. That the public hearing was properly advertised, and the minutes are hereby incorporated as part of these findings by reference. 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 residential rental will be located within the existing single family dwelling on the Subject Property and is designed and constructed and will be 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 Lanigan Way SE provides access to the Subject Property which will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 9. That the existing driveway 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. 11. That St. Joseph Ordinance 520.04 defines a family as follows: 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. 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 a non-owner occupied residential rental on the Subject Property is hereby granted. 2. 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 Conditional Use Permit and prior to the expiration each year and shall be in full compliance with the St. Joseph Code of Ordinances. Typical rental permit and inspection fees will apply and be the responsibility of the property owner. 3. The property owner will manage the Subject Property in compliance with the St. Joseph Code of Ordinances. 4. The residential rental on the Subject Property shall be limited to a family as defined within the St. Joseph Code of Ordinances. 5. The dwelling shall be maintained as a single family dwelling defined as a dwelling occupied by one family and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only. 6. The residential rental shall be limited to persons 55 years of age or older within the single family dwelling unit. 7. The Applicant is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 8. 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. 9. 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. 10. The City Administrator and/or his/her designee shall have the right to inspect the premises for compliance and safety purposes annually or at any time upon reasonable request. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 6th day of November, 2017. CITY OF ST. JOSEPH By By Rick Schultz, Mayor Judy Weyrens, Administrator Drafted By: City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 320.363.7201 CUP Request, 329 Lanigan Way SE �. - • _ .. : � r � r� ,� s t � ; _.. '�'�r(�;�,�j�.v+r� �� .��,` 9�:;- s '�. . ` �t� � i�;y��..Yr'` ax r��rS�`�� •�¢� � r �A� �,, K ,. , •_�`g . . . ! 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AppUcation for Condit�onal Use Permtt �ITY OF ST. jOSEPH Applicant ��Y�� T Phone: 812-819-3062 Fanail: ��9�.� Mailing Address: o•�� J: OT' � �'�N" � s� prop�y p�; Anthon Vl�elber Phone• 612-819-3082 Email: rr�il.c�m - Mailing Address' �N �/C 1l.�� i�/� �� PROJECT INFORMATION: project/Development Nam� ��re�l under�R4 zon�ordinance' Project Location Parcel Id�ntification Numbar(PII�: 84.53494.0224 LegaL pescription of Prop�rty(attach a sep�ate documeM if needed): Bbdc 009 Lot 005 3ubdivisionCd 84101 SubdNisionNeme RIVERS BEND PLAT'2 purpose of Conditionsl Use Pemiit• To�low e non-owner to rent the house�r a term as ur�de�'stood beiween oMmer and benant. Hoias of o�rion,including days antl w�s' Sabmissioa R�oqairemenfs: Application for a Conditional Use Permit shell be on this form and incluule the established applic�tiCoamuissio� application and copies of the site plan shall be submittsd tlu+ee(3)w'ceks Pn�r to the�xt Plannu►S meeting.Ten(10)l 1x17 copies of the sitc pian drawn to scale,al°n8 wtth�eleCtronic CoFY�scale showing the prope,r�+a�mensions,wdlanda,floodpiains,gcadin8 and draina�e.let�caPi�location of utilities,location of all axisting and propo�d buildin$s and the'v sizes,including s9uare fo°`��ta�tian of sll existing atxi proposed curb cuts,driveways,access roads,parkin8 gPa�s��strcct Ioadmg sseac,and sidewalks mt�st be Pope/3 sx lased+�PP��^dkb"°�Use �_----- subtnitbed in the initial�lic�ian. Tha�Y�Y�4��d°�d�t��necessarY nlamed to the canditiia�al use. A wMom mnadve oudiningffie Cv�onal��1��O°�� is requi��d to bo��p�of Y�'�c�an. R�v[e�r atd Dechina bry tie Clt�'Ca�. h��its e�ecoanmu�tion�rd � Tha City Coie�ci[shail raview tiie applicx�ion ai�r�e Pls�oin�Ca�nistian witl msiaa a fmai ddamomstio�to eitha'sppt�ove ot'denl+t��In the�ratrting af spproval,d�e'CitY Cotmc�maY impoee cond�o�r�dte�ocx�tion.ci�a�a's�rd ot�'fea�tu�es of the ptnpoeed b�diding, sh�tinoe or use as it ma�►dean�arY- This applical3o�n muat be signed by atl oRn�er�s of the sub�act ProT�J'- We,tl�undecsig�,l�ve resd amd�mder�d th�abon�s and tt�t we a�+e respo�nsiblo fa r�nsmg t�Ci�Y f+or�y additional le�i,�. �°r P��8��to the�� C � � s�� . - � . s;�of - FOR OFFIC�IISE ONLY Fe�5500 p�utd_�j tfb.17� 5�� .;r�S-P�t. y�o.�-� ��_ �� D�e applic�tio�� D�e of Acdon: Pl�g�;�g,�dation: APP�� City Cflwicil A,�tion: App�+o�►�d -�� °of Aection: Date AppliceatiPrapaty ov�►�r natified: . p�ppr f 4 StlaaeM��(�'e �� Jl ��o ��JLJ�� www.cityofstj oseph.com City of St. Joseph Notice of Public Hearing Conditional Use Permit Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, October 30, 2017 at 6:00 PM or as soon thereafter as the matter may Judy Weyrens be heard at the St. Joseph City Hall, 75 Callaway Street East. The purpose of the hearing is to consider a Conditional Use Permit to allow a non-owner occupied rental at 329 Lanigan Way SE, St. Joseph, MN and legally described Mayor as Lot 5, Block 1, Rivers Bend Plat 2 Stearns County, Minnesota as submitted Ri�k S�hulr� by, Anthony Welter, applicant. St. Joseph Code of Ordinances 520.42 subd. 3 allows for a Conditional Use Permit as follows: Non-owner occupied rental provided the housing is elderly Councilors IloUSlrig. Troy Goracke Macc Kill� Judy Weyrens Bob Loso Administrator Da1e Wick Publish: October 20, 2017 75 Callaway Street East • Saint Joseph,Minnesota 56374 Email cityo�ces@ciryofstjoseph.com Phone 320.363.720I Fax 320.363.0342