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HomeMy WebLinkAbout[04] Minutes October 30th October 30, 2017 Page 1 of 2 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in special session on Monday, October 30, 2017 at 6:00 PM in the St. Joseph City Hall opening with the Pledge of Allegiance. Planning Commission Members Present: Chair Gina Dullinger, Commissioners, Chad Hausmann, Steve Olson, Troy Goracke, Matt Johnson, Community Development Director Therese Haffner Members Absent: Daryl Schaefer Others Present: City Administrator Judy Weyrens, Cory Ehlert, Thomas Schuller, LouAnn Schuller, Joan Thralow, Lori Eiynck, Jim Eiynck, Michael Ross, Jane De St. Aubin Approval of the Agenda: Hausmann made a motion to approve the agenda. The motion was seconded by Johnson and passed unanimously by those present. Public Hearing, CUP Request– 329 Lanigan Way SE: Haffner presented the conditional use permit (CUP) request by Anthony Welter as the Power of Attorney for his parents Philip and Kathleen Welter to allow a non-owner occupied residential rental in an existing single family home owned by his parents. The home located in the Rivers Bend subdivision is in an R-4 residential district and a non-owner occupied rental is allowed as a conditional use provided the housing is for persons age 55 and older. An annual rental license would be required registering the tenants. Dullinger opened the public hearing to which the following testimony was received: Thomas Schuller, 320 Lanigan Way SE: Schuller approached the Commission objecting to the proposed CUP. He stated that when he purchased the property he was unaware the rental units would be allowed. It is his opinion that rental units will have a negative impact on the properties as typically the landlord does not have the same regard for the property as an owner does. He cited examples as cutting grass and garbage. Schuller also expressed concern with the second phase of the development and questioned if rental will be allowed in that phase as well. LouAnn Schuller, 320 Lanigan Way SE: Schuller approached the Commission speaking in opposition to the proposed CUP. She too questioned the allowance of rental units in their neighborhood. She questioned the Planning Commission what they as a neighborhood would have to do to stop the conversion of the home at 329 Lanigan Way SE to rental. She also stated that the neighborhood has already been inconvenienced by the development activity for the next phase with construction equipment and material in the roadway. Haffner responded that the current R4 Zoning Ordinance allows properties to be rental provided the tenants are 55 and older. The proposed tenants meet this requirement. Joan Tralow, 501 Lanigan Way SE: Tralow approached the Commission speaking in opposition to the proposed CUP. She stated that when she purchased her property she believed she was moving into a development where the properties were all owner occupied. She expressed concern as to what will happen to the home values if rental is allowed. Jim Eiynck, 514 Lanigan Way SE: Eiynck approached the Commission speaking in opposition of the proposed CUP. He stated that he shares the concerns of this neighbors and would like the subdivision to remain owner occupied. th Cory Ehlert, 427 12 Avenue SE, Developer, Rivers Bend Plat 2 and 3: Ehlert approached the commission acknowledging the concerns of residents and shared that his mother-in-law and father-in-law would be the tenants. Ehlert stated that he would have preferred the property to be zoned R1 Single Family as that would have given him more options for housing while at the same time limited rental to owner occupied. It was his recollection that the Mayor at the time of development required him to zone the property as R4. October 30, 2017 Page 2 of 2 As no one else present wished to speak, Dullinger closed the public hearing. Based on the concerns raised, Olson suggested the City review the rental housing regulations for possible modification. There was discussion on rezoning and amending the ordinance; however at this time the City has a valid land use application and a decision must be made based on the Ordinance in place. Haffner clarified that if the Planning Commission wants to review the rental regulations that can occur. Dullinger made a motion to execute the findings of fact recommending the City Council issue a CUP to allow for a non-owner occupied rental at 329 Lanigan Way SE. The motion was seconded by Hausmann. Aye: Dullinger, Hausmann, Olson, Johnson Nay: Goracke Motion Carried 4:1 Goracke announced he voted against because the applicant was not in attendance to state his case. Dullinger made a motion to initiate the process to review the rental regulations as identified in the St. Joseph Code of Ordinances. The motion was seconded by Goracke and passed unanimously by those present. Rivers Bend 3: Due to concerns raised during the public hearing Dullinger invited developer Cory Ehlert to speak regarding the next phase of Rivers Bend. In regard to the inconvenience to the neighborhood with the next phase of the development, Ehlert stated there were some delays in receiving clear title which prohibited them from moving forward. He thought they had the necessary approvals so the equipment was moved in only to find out they could not start. Residents questioned whether Ehlert could create a construction road that would take development traffic to Jade Road versus through the development. Ehlert stated that he would check into the viability but could not guarantee that he could deliver. With regard to the Zoning classification, Ehlert reiterated that he prefers the R1 Single Family Zoning, but he recalls being required to submit for R4. Adjourn: Dullinger moved to adjourn the meeting at 6:45 PM. The motion was seconded by Goracke and passed unanimously by those present. Therese Haffner Community Development Director