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HomeMy WebLinkAbout[04f] Conditional Use Permit - Group Home or Airbnb Council Agenda Item 4f MEETING DATE: September 16, 2019 AGENDA ITEM: Conditional Use Permit (CUP) Requests – Group Home or Airbnb st 32 1 Ave. NW SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (5-0) recommends approval of the Conditional Use Permit with conditions. 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 st Airbnb rental for their property located at 32 1 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 Council Action Location Map Resolution 2019-059 Approving Conditional Use Permit – Group Home Resolution 2019-060 Approving Conditional Use Permit – Airbnb Application Narrative REQUESTED COUNCIL ACTION: Authorize the Mayor and City Administrator to execute Resolution 2019-059 and Resolution 2019-060 Approving the Conditional Use Permits. Conditional Use Permit Request: 32 1st Av. NW Legend Road Labels Roads 051020 Auditor/Treasurer Feet Division of Land Management ± Data is as represented in Stearns County August 28, 2019 Databases, It is NOT Intended for Locational Use and Stearns County waives all liability from this product.This map is made available on an "as is" basis, without express or implied warranty of any sort including, specifically, any implied warranties of fitness for a particular purpose, warranties of merchantability or warranties relating to the accuracy or completeness of the database(s). RESOLUTION 2019-059 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT FOR A GROUP HOME FOR ADULT FOSTER CARE. WHEREAS, Janelle Schneekloth and Bruce Schneekloth owner and applicant, have properly applied for a conditional use permit for a group home for adult foster care on the property generally st described as 32 1 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” WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional use permit request on September 9, 2019, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby adopts 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 a 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 Applicant appeared before the Planning Commission on September 9, 2019 who reviewed the conditional use permit request and recommended approval of granting the conditional use permit. 4. That the Subject Property is zoned B-1 Central Business District. 5. That a State licensed daycare is a permitted conditional use within the B-1 Central Business District. 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 group home 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 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. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on Findings of Fact, a conditional use permit (“Permit”) to allow for a group home for adult foster care on the Subject Property is hereby granted. 2. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 3. The City shall have the right to inspect the premises for compliance and safety purposes at any time upon reasonable request. 4. That operation of the Airbnb shall not be allowed on the Subject Property. 5. 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. 6. Expiration: The conditional use permit shall expire if the authorized use ceases for any reason for more than one (1) year. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 16th day of September, 2019. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Kris Ambuehl, Administrator RESOLUTION 2019-060 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT FOR THE PURPOSES OF OPERATING AN AIRBNB. WHEREAS, Janelle Schneekloth, owner, and Bruce Schneekloth owner, have properly applied st for a conditional use permit for an Airbnb on the property generally described as 32 1 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” WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional use permit on September 9, 2019, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and 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 Janelle Schneekloth, and Bruce Schneekloth, hereinafter referred to as “Applicant,” properly applied for a conditional use permit to allow for the operation of an Airbnb rental. 2. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 3. That the applicant appeared before the St. Joseph Planning Commission on September 9, 2019 who reviewed the conditional use permit request and recommended approval of granting the conditional use permit. 4. That the Subject Property is zoned B-1, Central Business District and a Bed and Breakfast is a permitted Conditional Use. 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 to 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 be located within the existing home on the 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 will not be hazardous or disturbing to existing or future neighboring uses. 8. 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. 9. 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. 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. 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 for an Airbnb on the Subject Property is hereby granted. 2. That the property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 3. The Airbnb shall be governed under the requirements of the MN State Building Code but shall have no more than five (5) sleeping rooms. 4. 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. 5. A rental license shall be required as regulated by City Ordinance. Rental license and inspection fees shall apply. 6. An operator shall be available during guest stays. 7. Sleeping rooms will only be offered for overnight lodging of guests for a maximum of seven (7) consecutive days during any thirty (30) day period. 8. No provisions for cooking will be provided in any of the sleeping rooms. 9. The City shall have the right to inspect the premises for compliance and safety purposes at any time upon reasonable request. 10. That operation of a group home for adult foster care shall not be allowed on the Subject Property. 11. 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. 12. 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 resolution was declared duly passed and adopted by the St. Joseph City Council this 16th day of September, 2019. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Kris Ambuehl, Administrator