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Home My WebLink About[04g] Conditional Use Permit Council Agenda Item 4g MEETING DATE: November 20, 2017 AGENDA ITEM: Conditional Use Permit (CUP) Rental Request th 1016 13 Ave. NE SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (4-0) adopted Findings of Fact and recommends the City Council grant a non-owner occupied residential rental. PREVIOUS COUNCIL 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 th (twin 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. There has been no incidences reported for the property. Conditional Use Permit requests are reviewed for approval based on findings of fact as established within the zoning ordinance as included in the resolution. Public Testimony- th Joyce and Kevin Schlangen, 1029 13 Ave. NE, St. Joseph. Joyce called and said she and her husband were totally opposed to a rental as this opens up a whole can of worms. Jennifer Schmitz, 1328 Jasmine Ln called and stated she was not in favor of the rental and doesn’t want to see this as a trend in the neighborhood. Chuck Brandes spoke on behalf of his daughter Lauren Manelli sharing she had put the house for sale a few different times but received no legitimate offers and has been renting to a family. Mr. Brandes shared that he works for Lumber One and they have a number of lots in the Northland Heights neighborhood so they have an interest in maintaining the neighborhood. ATTACHMENTS: Request for City Council Action Resolution 2017-061 Adopting Findings of Fact and Approving CUP Location Map Application REQUESTED COUNCIL ACTION: Approve Resolution 2017-061 adopting Findings of Fact and granting a Conditional Use Permit to allow a th non-owner occupied residential rental license for 1016 13 Ave. NE. RESOLUTION 2017-061 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT FOR THE PURPOSES OF A NON-OWNER OCCUPIED RESIDENTIAL RENTAL. WHEREAS, Lauren Manelli, owner and applicant, has properly applied for a conditional use permit for a non-owner occupied residential rental on the property generally th described as 1016 13 Avenue NE, St. Joseph, MN and legally described as follows: Lot 7, Block 3, NORTHLAND HEIGHTS, Stearns County “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional use permit on November 13, 2017, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on November 13, 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-2, Two Family Residence District, and a non-owner occupied residential rental to a family is a permitted Conditional Use. 2. That Lauren Manelli, 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 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. 6. 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. 7. 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. 8. 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 9. 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. 10. That the existing driveway will provide sufficient off-street parking and loading space to serve the proposed use. 11. 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. 12. That 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. 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 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. 6. The Applicant is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 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. 9. 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 20th 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, 1016 13th Ave. NE Northland Heights Subdivision 13th AV NE Subject Property Jasmine LN E 1:1,000 November 8, 2017 00.010.020.04mi Parcel Lots 00.01750.0350.07km Municipal Boundaries SEH Aerial flight spring 2015 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