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Home My WebLink About[05] Public Hearing, CUP 1016 13th Ave NE Planning Commission Agenda Item 5 MEETING DATE: November 13, 2017 AGENDA ITEM: Public Hearing, Conditional Use Permit (CUP) Rental Request th 1016 13 Ave. NE SUBMITTED BY: Community Development STAFF RECOMMENDATION: Approve Findings of Fact and Decision recommending the City Council grant a CUP allowing a non-owner occupied residential rental. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: Lauren Manelli, owner, has requested approval of a conditional use permit to allow for a non-owner occupied residential rental unit in a single family attached home (twin th home) located in the Northland Heights subdivision at 1016 13 Ave. NE. The property is in an R-2 Two Family Residence District and a non-owner occupied rental is allowed as a conditional use provided the housing is for one family. The applicant has been renting the house to a family for some time now and was made aware this fall of the City’s rental requirements, including obtaining a CUP. Conditional Use Permit requests are reviewed for approval based on findings of fact as established within the zoning ordinance. th Public Testimony: Joyce and Kevin Schlangen, 1029 13 Ave. NE, St. Joseph are unable to attend the public hearing but Joyce called to say that she and her husband are totally opposed to a rental as this opens up a whole can of worms. 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/Table/Deny Findings of Fact and Decision recommending the City Council th issue a Conditional Use Permit to allow a rental license for 1016 13 Ave. NE. City of St. Joseph IN RE: FINDINGS OF FACT Application of Lauren Manelli AND DECISION th Conditional Use Permit at 1016 13 Ave. NE Rental in R-2 Zoning District –as defined by St. Joseph Code of Ordinances 520.34 Subd. 3 FINDINGS OF FACT On November 13, 2017, the St. Joseph Planning Commission conducted a public hearing to consider the application of Lauren Manelli, owner, for a Conditional Use Permit to allow a non-owner th occupied rental unit 1016 13 Avenue NE, St. Joseph Minnesota and legally described as follows: Lot 7, Block 3, NORTHLAND HEIGHTS, Stearns County “Subject Property” The St. Joseph Planning Commission hereby adopts the following Findings of Fact: 1. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 2. That the Subject Property is zoned R-2 Two Family Residence District, and a non-owner occupied residential rental to a Family is a permitted Conditional Use. 3. 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. 4. That the existing single family attached home (twin home) on the Subject Property share a common vertical wall but each dwelling unit is designed exclusively for occupancy by one family. 5. That the residential rental will be located within the existing single family attached dwelling (twin home) 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. th 8. That the existing access from 13 Ave. NE 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. St. Joseph Ordinance 520.04 defines a family as 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. DECISION Based on the Findings of Fact, the St. Joseph Planning Commission recommends the St. Joseph City Council issue a Conditional Use Permit for a non-owner occupied residential rental based on the following conditions: 1. 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 at which time the property shall be in full compliance with the St. Joseph Code of Ordinances. 2. The City rental inspector shall annually inspect the rental to assure life safety measures are satisfied. Typical rental inspection fees will apply and be the responsibility of the property owner. 3. The City shall have the right to inspect the premises for compliance and safety purposes at any time upon reasonable request. 4. The property owner will manage the property in compliance with the St. Joseph Code of Ordinances. 5. That the residential rental shall be limited to a family as defined within the St. Joseph Code of Ordinances. 6. That the dwelling unit shall be maintained exclusively for occupancy by one family designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only. 7. 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. 8. 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 Findings of Fact and Decision was declared duly passed and adopted by the St. Joseph th Planning Commission this 13 day of November, 2017. CITY OF ST. JOSEPH By Planning Commission Chair By Therese Haffner, Community Development Director CUP Request, 1016 13th Ave. NE November 8, 2017 Parcel Lots L_ j Municipal Boundaries .r r11a 41P 1:1,000 0 0.01 0.02 ��'.I�� 0 0.0175 0.035 SEH Aerial flight spring 2015 0.04 mi 0.07 km SEH SmartConnect User SEH City of St. Joseph �•�.��rnh� Application for Conditional Use Permit CITY �.7F ST. �l7�EPH Applicant �� J / �� '�z �-�-�- Phone: �'Z-`�- z-`t i -- 3 l 73 EmaiL• ��,.�,� ,�l��` �� , �� a.�.. . r Mailing Address: �/3 S � / S f��'L � �`�f�"C.s �Js'1/ Property Owner: / 1'�,�!c'r.) J �,n .,J�c�L,1 Phone: 3 Z`� �Z-��-3 r73 Email: �d ,n-��.,�z�� cE� `,�.i�, �. G-�� Mailing Address: �n•^��- PROJECT INFORMATION: Project/DevelopmentName /�✓��Ti'�' '�� f��'��rS Project Location �� / 3 j� ��` ��^ Parcel Identification Number(PIN); ��- S 3 7 3 � , n v Y c� Legal Description of Property(attach a separate document if needed): s1<-T U 3 ��-s�� `�' ,�� .�'e U �-`� Purpose of Conditional Use Permit: ��E /a-r �'�--�'`�'%"�--� �'�^M-�r �-�-^�� ..�/►.�-� � hl�-C % (� �.�- f��L �' /�c� .('J!'h /`'��'�(!��f. C f /1 zDpv�f°i..!/�/ / �/ �U/'�. Hours of operation,including days and times: 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 urilities,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 Conditiona/Use Page/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 submitt�d 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 aze responsible for reimbursing the City for any additional legal,engineering,building inspection or planning fees related to the Conditional Use. � R U gnature of Applicant Date ignature of Owner(s) Date FOR OFFICE USE ONLY Fee: $500 Paid `� ? �' (1 d• v s tc�l��1 � � �- r��. `� 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 loseph Application Conditional Use Page/4 �� JL �� o ��JLJ�� www.cityofstjoseph.com City of St.Joseph Notice of Public Hearing Conditional Use Permit Adm�nistracor The St. Joseph Planning Commission shall conduct a public hearing on Monday, November 13, 2017 at 6:00 PM or as soon thereafter as the matter Judy weyrens may 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 1016 13�`Ave. NE, St. Joseph, MN and legally described as Mayor Lot?, Block 3,Northland Heights Stearns County, Minnesota as submitted by, Lauren Manelli, owner. Rick Schultz St. Joseph Code of Ordinances 520.34 subd. 3 allows for a Conditional Use Permit for a non-owner occupied rental to a family. Councilors Troy Goracke Judy Weyrens Matt Killam Administrator Bob Loso Dale Wick Publish: November 3, 2017 75 Callaway Street East• Saint Joseph,Minnesota 56374 Email ciryoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342