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HomeMy WebLinkAbout[06] 411 & 413 4th Av SE, Conditional Use Permits.A�LLW& CITY OF ST. JOSEPH MEETING DATE: AGENDA ITEM: SUBMITTED BY: Planning Commission Agenda Item 6 October 14, 2019 Public Hearings, Conditional Use Permit (CUP) Requests 411 & 413 0 Ave. SE Community Development STAFF RECOMMENDATION: Approve Findings of Fact and Conditional Use Permits for non -owner occupied single family residential rentals. 9 �/S111I.y � 1►\�hl�[KK�]►I lu I (.X�[�h/��[�]�F BACKGROUND INFORMATION: Tom Klein of JLT LLC, property owner, has requested approval of a conditional use permit to allow for non -owner occupied residential rentals in a twin home in the S&H Townhomes of Graceview Plat 2 subdivision. The property is in a Planned Unit Development Overlay District governed under the R-4 Townhouse/Patio Home Residential District as established in the Development/PUD Agreement. A non -owner occupied rental is allowed as a conditional use provided the housing is for persons age 55 or older. ATTACHMENTS: Request for Planning Commission Action Public Hearing Notice Resolutions of Findings of Fact Approving CUPS REQUESTED PLANNING COMMISSION ACTION: Motion 1: Move to Approve Resolution Adopting Findings of Fact recommending the City Council issue Conditional Use Permits to allow single family residential rentals at 411 4th Ave. SE. Motion 2: Move to Approve Resolution Adopting Findings of Fact recommending the City Council issue Conditional Use Permits to allow single family residential rentals at 413 4th Ave. SE. www.cityofstjoseph.com CITY OF ST. JOSEPH City of St. Joseph Notice of Public Hearings Conditional Use Permits The St. Joseph Planning Commission shall conduct public hearings 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 Conditional Use Permits to allow for non -owner occupied rentals in a twin home at 411 & 413 4`h Ave. SE Joseph, MN as submitted by JLT LLC, owner and applicant. Mayor Rick Schultz Kris Ambuehl Administrator Councilors Publish: October 4, 2019 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 A CONDITIONAL USE PERMIT FOR THE PURPOSES OF A NON -OWNER OCCUPIED RESIDENTIAL RENTAL. WHEREAS, Tom Klein of JLT LLC, property owner, hereinafter referred to as "Applicant," has properly applied for a conditional use permit for a non -owner occupied residential rental on the property generally described as 411 4th Avenue SE, St. Joseph, MN and legally described as follows: Lot 2, Block 1, S&H TOWNHOMES OF GRACEVIEW PLAT 2, Stearns County "Subject Property" 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 Planned Unit Development Overlay District and governed under the R-4 Townhouse/Patio Home Residential District per the Developer Agreement. 2. That a non -owner occupied single family residential rental for persons age 55 or older is a permitted conditional use within the R-4 District. 3. 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. 4. That the residential rental will be located within the existing single family attached 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. 5. 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. 6. 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. Page 1 of 3 41141 Ave. SE Conditional Use Permit 7. That the existing access from 4th Ave SE provides access to the Subject Property which will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 8. That the existing driveway will provide sufficient off-street parking and loading space to serve the proposed use. 9. 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. 10. 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: 1. Based on the aforementioned Findings of Fact, the St. Joseph Planning Commission recommends the St. Joseph City Council issue a conditional 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 residential rental shall be limited to persons 55 years of age or older within the single family dwelling unit on the Subject Property. 7. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 8. 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. Page 2 of 3 41141 Ave. SE Conditional Use Permit A certified copy of an order of the City revoking a conditional use permit shall be filed with the County Recorder for recording. 9. 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. 10. 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 LM Gina Dullinger, Chair By Therese Haffner, Community Development Director Page 3 of 3 41141 Ave. SE Conditional Use Permit A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT FOR THE PURPOSES OF A NON -OWNER OCCUPIED RESIDENTIAL RENTAL. WHEREAS, Tom Klein of JLT LLC, property owner, hereinafter referred to as "Applicant," has properly applied for a conditional use permit for a non -owner occupied residential rental on the property generally described as 413 4th Avenue SE, St. Joseph, MN and legally described as follows: Lot 3, Block 1, S&H TOWNHOMES OF GRACEVIEW PLAT 2, Stearns County "Subject Property" 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 Planned Unit Development Overlay District and governed under the R-4 Townhouse/Patio Home Residential District per the Developer Agreement. 2. That a non -owner occupied single family residential rental for persons age 55 or older is a permitted conditional use within the R-4 District. 3. 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. 4. That the residential rental will be located within the existing single family attached 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. 5. 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. 6. 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. Page 1 of 3 413 41 Ave. SE Conditional Use Permit 7. That the existing access from 4th Ave SE provides access to the Subject Property which will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 8. That the existing driveway will provide sufficient off-street parking and loading space to serve the proposed use. 9. 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. 10. 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: 1. Based on the aforementioned Findings of Fact, the St. Joseph Planning Commission recommends the St. Joseph City Council issue a conditional 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 residential rental shall be limited to persons 55 years of age or older within the single family dwelling unit on the Subject Property. 7. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 8. 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. Page 2 of 3 413 41 Ave. SE Conditional Use Permit A certified copy of an order of the City revoking a conditional use permit shall be filed with the County Recorder for recording. 9. 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. 10. 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 LM Gina Dullinger, Chair By Therese Haffner, Community Development Director Page 3 of 3 413 41 Ave. SE Conditional Use Permit