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HomeMy WebLinkAbout[07] Conditional Use Permit, 32 1st Av. NWcrry tx= 5'I: J[l4E:PEi MEETING DATE: September 9, 2019 Planning Commission Agenda Item % AGENDA ITEM: Public Hearing, Conditional Use Permit (CUP) Request 32 1St Ave. NW SUBMITTED BY: Community Development STAFF RECOMMENDATION: Consider Findings of Facts and Approval of a Conditional Use Permit BACKGROUND INFORMATION: Janelle and Bruce Schneekloth, owners and applicants have requested approval of a conditional use permit to allow for either a group home for adult foster care or an Airbnb rental for their property located at 32 1St Ave. NW, just north of St. Joseph Meat Market. The property is zoned B-1 Central Business District with an existing residential home structure that was converted to commercial use on the main level and a residential rental on the basement level. The Newsleader newspaper operated their business at this location for a number of years until 2018. A Bed and Breakfast and State Licensed Daycare are permitted conditional uses in the B-1 Central Business District Ordinance. Other uses determined by the Planning Commission to be of the same character as those listed in the B-1 District Ordinance are permitted conditional uses and the applicant has requested that the proposed group home and Airbnb be governed under this provision. ATTACHMENTS: Request for Planning Commission Action Public Hearing Notice Findings of Fact Approving Conditional Use Permit — Group Home Findings of Fact Approving Conditional Use Permit — Airbnb Application Narrative REQUESTED PLANNING COMMISSION ACTION: Make a recommendation on the Conditional Use Permit request and Adopt Findings of Fact related to request. ALLIillabk CITY OF ST. JOSEPH www.cityofstjoseph.com City of St.Joseph Notice of Public Hearing Conditional Use Permit Administrator The St. Joseph Planning Commission will hold a public hearing in the St. Joseph Kris Ambuehl Government Center, 75 Callaway Street East on September 9, 2019 at 6:00 P.M., or as soon thereafter as the matter may be heard, to hear all persons present upon the request for a conditional use permit to allow for an air bnb rental or group home for Mayor adult foster care, as submitted by, Bruce and Janelle Schneekloth, owners, for property zoned B-1 Central Business District located at 32 1st Ave. NW, St. Joseph Rick Schultz MN Councilors Kris Ambuehl City Administrator Anne Buckvold Troy Goracke Bob Loso Publish: August 30, 2019 Brian Theisen 75 Callaway Street East • Saint Joseph,Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342 City of St.Joseph IN RE: FINDINGS OF FACT Conditional Use Permit Request AND DECISION 321 S`Avenue NW, St. Joseph MN FINDINGS OF FACT On September 9,2019,the St.Joseph Planning Commission conducted a public hearing to consider the application of Janelle Schneekloth and Bruce Schneekloth,owners, for a conditional use permit for a group home for adult foster care on the property generally described as 32 1St Avenue NW, St.Joseph,MN and legally described as follows: That part of Lot One(1)and Two(2),Block Nine(9),Original Townsite of Saint Joseph, Stearns County, Minnesota lying"northerly and westerly"of the following described line: Commencing at the Southwesterly Corner of said Lot 1; thence North 20 Degrees 28 Minutes West, assumed bearing, along the westerly line of said Lot 1,distant 105.0 feet or more or less to its intersection with a line lying 105.00 feet northerly of the southerly line thereof,measured at right angle to said southerly line, said point being the Point of Beginning;thence parallel with the southerly line of Lot 1 and Lot 2,North 69 Degrees 51 Minutes East 100.0 feet more or less to its intersection with a line lying 33.67 feet easterly of the westerly line of said Lot 2,and measured at right angle to said westerly line;thence parallel with said westerly line,North 20 Degrees 28 Minutes West 93.2 feet more or less to its intersection with the northerly line of said Lot 2. "Subject Property" The St.Joseph Planning Commission hereby finds the following Findings of Fact: 1. That Janelle Schneekloth, and Bruce Schneekloth,hereinafter referred to as"Applicant," properly applied for a conditional use permit to allow for group home for adult foster care on the Subject Property. 2. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 3. That the Subject Property is zoned B-1 Central Business District. 4. That a State Licensed Daycare is a permitted conditional use within the B-1 Central Business District. 5. That other uses determined by the Planning Commission to be of the same character as those listed in the B-1 District Ordinance are permitted conditional uses and the Applicant has requested that the proposed group home be governed under this provision. 6. 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. 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 conditional use will be located in the existing structure on the Subject Property to be remodeled and will be designed, constructed,operated and maintained so as to be harmonious and appropriate in appearance with character of the area and is not hazardous or disturbing to existing or future neighboring uses. 9. 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. 10. That the existing driveway will provide sufficient off-street parking, stacking 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. DECISION Based on the Findings of Fact,the St.Joseph Planning Commission recommends the St.Joseph City Council grant a Conditional Use Permit on the Subject Property for a Group Home for Adult Foster Care on the following conditions: 1. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 2. The City shall have the right to inspect the premises for compliance and safety purposes at any time upon reasonable request. 3. That the operation of the proposed Airbnb shall not be allowed on the Subject Property. 4. 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. 5. Expiration: 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 Planning Commission this 9th day of September, 2019. CITY OF ST.JOSEPH By Gina Dullinger, Chair By Therese Haffner, Community Development Director City of St.Joseph INRE: FINDINGS OF FACT Conditional Use Permit Request AND DECISION 32 S`Avenue NW,, St. Joseph MN FINDINGS OF FACT On September 9,2019,the St.Joseph Planning Commission conducted a public hearing to consider the application of Janelle Schneekloth,owner, and Bruce Schneekloth,owner, for a conditional use permit for an Airbnb rental on the property generally described as 32 1 st Avenue NW, St.Joseph,MN and legally described as follows: That part of Lot One(1)and Two(2),Block Nine(9),Original Townsite of Saint Joseph, Stearns County, Minnesota lying"northerly and westerly"of the following described line: Commencing at the Southwesterly Corner of said Lot 1; thence North 20 Degrees 28 Minutes West, assumed bearing, along the westerly line of said Lot 1,distant 105.0 feet or more or less to its intersection with a line lying 105.00 feet northerly of the southerly line thereof,measured at right angle to said southerly line, said point being the Point of Beginning; thence parallel with the southerly line of Lot 1 and Lot 2,North 69 Degrees 51 Minutes East 100.0 feet more or less to its intersection with a line lying 33.67 feet easterly of the westerly line of said Lot 2, and measured at right angle to said westerly line;thence parallel with said westerly line,North 20 Degrees 28 Minutes West 93.2 feet more or less to its intersection with the northerly line of said Lot 2. "Subject Property" The St.Joseph Planning Commission hereby fmds the following Findings of Fact: 1. That Janelle Schneekloth,and Bruce Schneekloth,hereinafter referred to as"Applicant," properly applied for a conditional use permit to allow for an Airbnb rental on the Subject Property. 2. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 3. That the Subject Property is zoned B-1 Central Business District. 4. That a non-owner occupied bed and breakfast is a permitted conditional use within the B-1 Central Business District. 5. That City Ordinance 502 defines a bed and breakfast as an owner or non-owner single family residence that provides overnight accommodations to a limited number of visitors for a charge,not to exceed a stay of seven consecutive nights. A Bed and Breakfast in any residential zoning district must be owner occupied. 6. That other uses determined by the Planning Commission to be of the same character as those listed in the B-1 District Ordinance are permitted conditional uses and the Applicant has requested that the proposed Airbnb be governed under this provision. 7. 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. 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. 9. That the conditional use will be located in the existing structure on the Subject Property to be remodeled and will be designed,constructed,operated and maintained so as to be harmonious and appropriate in appearance with character of the area and is not hazardous or disturbing to existing or future neighboring uses. 10. 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. 11. That the existing driveway will provide sufficient off-street parking, stacking and loading space to serve the proposed use. 12. 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. DECISION Based on the Findings of Fact,the St. Joseph Planning Commission recommends the St.Joseph City Council grant a Conditional Use Permit on the Subject Property for an Airbnb on the following conditions: 1. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 2. The Airbnb shall be governed under the requirements of the MN State Building Code but shall have no more than five(5)sleeping rooms. 3. A guest register showing the name, permanent address, motor vehicle license number, and date of all guests of the Airbnb is required and shall be made available to the City upon request. 4. A rental license shall be required as regulated by City Ordinance. Rental license and inspection fees shall apply. 5. An operator shall be available during guests stays. 6. Sleeping rooms will be only be offered for overnight lodging of guests for a maximum of(7) consecutive days during any thirty(30)day period. 7. No provisions for cooking will be provided in any of the sleeping rooms. 8. The City shall have the right to inspect the premises for compliance and safety purposes at any time upon reasonable request. 9. That the operation of the proposed group home shall not be allowed on the Subject Property. 10. 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. 11. Expiration: 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 Planning Commission this 9th day of September,2019. CITY OF ST.JOSEPH By Gina Dullinger, Chair By Therese Haffner, Community Development Director Aug.27, 2019 RE: Property at 32 1St Ave. NW, St.Joseph,MN 56374 To the St.Joseph Planning Commission members: We are sincerely asking permission to convert the main floor of the property at 32 1st Ave. NW, St. Joseph,into one of the following: 4111.1111111.11111.11111101111.10.10111.1011. • group home for adult foster care • An air bnb rental We are experiencing financial hardship in paying the mortgage,taxes, utilities and maintenance with no income currently coming from the upper unit. In February 2018,we put the property up for sale and there has been no action to commercially lease the top half or sell the entire building at all during that time period. We have had,and continue to have,a rental license to rent the basement two- bedroom apartment and have been in good standing since we purchased the property in 2002. We are in an upside-down situation at this point and do not want to lose the property to bankruptcy or foreclosure.We also feel it is not in the best interest of the city for the property to sit vacant. In closing,we are asking for a different usage for the main floor of the building so we can keep making progress toward a viable and economic solution. Sincerely, jario.....„.ScotnzariA-N Janelle Von Pinnon Schneekloth and Bruce Schneekloth Schneekloth Properties LLC 1622 11th Ave.SE,St. Cloud, MN 56304