HomeMy WebLinkAbout[07] Interim Use Permit Request - 26 Birch St W
Council Agenda Item 7
MEETING DATE: October 21, 2019
AGENDA ITEM: Interim Use Permit Request – 26 Birch St. W
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (4-0)
recommends approval of an Interim Use Permit for a non-owner occupied residential rental.
PREVIOUS COUNCIL ACTION:
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 Council Action
Resolution 2019-0064 Approving IUP
REQUESTED COUNCIL ACTION: Approve Resolution 2019-064 adopting Findings of Fact and
granting an Interim Use Permit to allow a non-owner occupied residential rental for 26 Birch St. W.
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RESOLUTION 2019-064
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 interim 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
WHEREAS, the St. Joseph Planning Commission recommended approval of the interim use permit
on October 14, 2019; 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 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 CITY COUNCIL 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 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 City Council this 21st
day of October, 2019.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Kris Ambuehl, Administrator