The URL can be used to link to this page

Home My WebLink About[05] 26 Birch St. W, Interim Use Permit.A�LLW& CITY OF ST. JOSEPH MEETING DATE: AGENDA ITEM: SUBMITTED BY: Planning Commission Agenda Item S October 14, 2019 Public Hearing, Interim Use Permit Request 26 Birch St. W Community Development STAFF RECOMMENDATION: Approve Findings of Fact and Interim Use Permit for a non -owner occupied residential rental. '7 �/Sllljy � rI\�hl�[l�K/]►% 1►l I f.X�[/]�[��71_Y_[/]�F BACKGROUND INFORMATION: Steven Loso on behalf of the Loso Family, property owner, has requested approval of an interim use permit to allow for a non -owner occupied residential rental in an existing single family home located at 26 Birch St. W, just east of Gilled Cravings & Quality Ice Cream. The property is in a B-1 Central Business District, an identified downtown commercial redevelopment site. A non -owner single family residential rental in an existing single family home is an interim use within the B-1 District until which time the site is ready for conversion to commercial. ATTACHMENTS: Request for Planning Commission Action Public Hearing Notice Resolution of Findings of Fact Approving IUP REQUESTED PLANNING COMMISSION ACTION: Move to Approve Resolution Adopting Findings of Fact recommending the City Council issue an Interim Permit to allow for a non -owner single family residential rental at 26 Birch St. W. - 1, A 1091iA www.cityofstjoseph.com CI'T'Y OF ST. JOSEPH City of St. Joseph Notice of Public Hearing Interim Use Permit Anne Buckvold Troy Goracke Bob Loso Brian Theisen 75 Callaway Street East • Saint Joseph, Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342 The St. Joseph Planning Commission shall conduct a public hearing on Monday, October 14, 2019 at 6:00 PM or as soon thereafter as the matter may Administrator be heard at the St. Joseph Government Center, 75 Callaway Street E, St. Joseph Kris Ambuehl MN. The purpose of the hearing is to consider an Interim Use Permit to allow a non -owner occupied rental at 26 Birch St. W Joseph, MN as submitted by Steven Loso, applicant. Mayor Rick Schultz Kris Ambuehl Administrator Publish: October 4, 2019 Councilors Anne Buckvold Troy Goracke Bob Loso Brian Theisen 75 Callaway Street East • Saint Joseph, Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING AN INTERIM USE PERMIT FOR THE PURPOSES OF A NON -OWNER OCCUPIED RESIDENTIAL RENTAL. WHEREAS, Steven Loso, hereinafter referred to as "Applicant," has properly applied for an interim use permit for a non -owner occupied residential rental on the property generally described as 26 Birch Street W, St. Joseph, MN ("Subject Property"); and WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional use permit on October 14, 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 PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby makes the following Findings of Fact: 1. That the Subject Property is zoned B-1, Central Business District and a non -owner occupied single family residential rental is a permitted interim use. 2. That the interim 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. 3. That the residential rental will be located within the existing single family detached dwelling 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. 4. 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. 5. That the interim 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. 6. That the existing access from Birch Street W provides access to the Subject Property which will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 7. That the existing driveway will provide sufficient off-street parking and loading space to serve the proposed use. 8. That the interim 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. 9. That St. Joseph Code of Ordinances defines a family as follows: A family is 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 PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: Page 1 of 2 26 Birch Street W Interim Use Permit 1. Based on the aforementioned Findings of Fact, the St. Joseph Planning Commission recommends the St. Joseph City Council issue an interim use permit ("Permit") to allow a non -owner occupied single family residential rental on the Subject Property. 2. The property owner shall obtain a rental license prior to renting and annually thereafter. 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 shall be maintained as a single family dwelling defined as a dwelling occupied by one family and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only. 6. The property owner 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 the interim use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. 8. Expiration: The Permit shall expire within six years on October 14, 2025. If within one (1) year after issuance of granting an interim 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 interim 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 Planning Commission this 14th day of October, 2019. CITY OF ST. JOSEPH By Gina Dullinger, Chair By Therese Haffner, Community Development Director Page 2 of 2 26 Birch Street W Interim Use Permit