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HomeMy WebLinkAbout[04] 2019, Minutes Oct 14October 14, 2019 Page 1 of 2 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in a regular session on Monday, October 14, 2019 at 6:00 PM in the St. Joseph City Hall opening with the Pledge of Allegiance. Planning Commission Members Present: Commissioners, Steve Olson, Mike Ross, Brian Theisen, Daryl Schaefer, Community Development Director Therese Haffner Members Absent: Gina Dullinger, Chad Hausmann, Matt Johnson Others Present: Laurie Anderson, Jan Kollar, Tom Klein Approval of the Agenda: Olson made a motion to approve the agenda with the addition of item 8, Residential Rental Regulations. The motion was seconded by Theisen and passed unanimously by those present. Approval of the Minutes: Ross stated he was absent at the September 9, 2019 meeting. Theisen made a motion to approve the minutes of September 9, 2019 as amended. The motion was seconded by Olson and passed unanimously by those present. Public Hearing, Interim Use Permit, 26 Birch St W: Haffner shared that Steven Loso, on behalf of the Loso Family has requested approval of an interim use permit (IUP) to allow for a non -owner occupied residential rental in an existing family home located at 26 Birch St W. The property is in the B1 Central Business District. A non -owner single family residential rental in an existing single family home is an interim use within the B-1 district until the site is ready for conversion to commercial. Schaefer opened the public hearing. As no one present wished to speak, Schaefer closed the public hearing. Haffner noted one correction on the resolution that the second paragraph should state Interim Use rather than Conditional Use. Olson moved to approve the Resolution Adopting Findings of Fact recommending the City Council issue an Interim Use Permit to allow for a non -owner single family residential rental at 26 Birch St W. The motion was seconded by Theisen and passed unanimously by those present. Public Hearing, Conditional Use Permits, 411 & 413 4t—h Ave SE: Haffner presented the request by Tom Klein of JILT LLC, property owner, for approval of a conditional use permit (CUP) 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. Schaefer opened the public hearing for 411 4th Ave SE. Janice Kollar, 421 41h Ave SE: Kolllar is a resident in the association. Kollar stated the unit at 411 - 4th Ave SE is already being rented to someone that is younger than the 55 age requirement. Kollar added she did not purchase the property knowing that neighboring properties would be rentals. Laurie Anderson, 423 41" Ave SE: Anderson stated her reason for purchasing her home was because the neighborhood was marketed as a 55 and older association with no rentals. Tom Klein, manager of JLT LLC: Klein stated the properties were listed with an agent to sell but they have not sold. The properties are located in a zoning district where they can be rented out. Klein added their goal was to sell the properties and continue to expand the subdivision. Klein stated that state law allows him to rent the properties up to 20% under that age requirement. October 14, 2019 Page 2 of 2 Haffner reported she was unaware of the statute referenced by the applicant and therefore was unable to comment on the validity. As no one else present wished to speak, Schaefer closed the public hearing. Haffner noted that a conditional use permit goes with the property and does not have an expiration date. Discussion was had regarding rentals in the R-4 zoning district and a rental is a permitted conditional use If the applicant has met all the ordinance requirements, there would be no grounds for denial. Schaefer moved to approve the resolution adopting findings of fact recommending the City Council issue a conditional use permit to allow a single family residential rental at 411 4th Ave SE noting verification be made regarding statute provision on age prior to City Council review. The motion was seconded by Olson and passed unanimously by those present. Schaefer opened the public hearing for 413 4th Ave SE. As no one present wished to speak. Schaefer closed the public hearing. Olson moved to approve the resolution adopting findings of fact recommending the City Council issue a conditional use permit to allow a single family residential rental at 413 4th Ave SE. The motion was seconded by Theisen and passed unanimously by those present. Council Liaison Report: Theisen reported the Council is continuing to work on the 2020 budget Residential Rentals: The Planning Commission was previously given the current regulations and requirements in each residential district. Direction provided was to allow more flexibility for rentals in residential districts. Haffner presented proposed amendments removing the interim use permit process for rentals in residential districts. Rentals would still be regulated through the annual rental license process. The commission discussed age requirements in certain zoning districts and how that restriction should be removed. The developer of the property would be able to regulate those parameters. General consensus was to have the topic discussion continued at the November 121h meeting. Adjourn: Olson moved to adjourn the meeting at 6:52 PM. The motion was seconded by Theisen and passed unanimously by those present. Therese Haffner Community Development Director