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98-764� Council File # 98-764 ��V�� Presented By Refened To RESOLUTION �INT PAUL, � � GreenSheet# 62173 Committee: Date 2 WI�REAS, Jerome LaCroix and Wiliiam Dunnigan, in Zoning File 98-051 and 3 pursuant to Minn. Stat. § 462.357 and Saint Paul Legislative Code § 64.400, duly petitioned the 4 City of Saint Paui to re-zone certain pazcels of property commonly known as 365-367 and 371 5 North Smith,legally described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town 6 of Saint Pau1, from RT-2 to B-3 for the purpose of pernutting reuse of the properiy to wit to 7 allow expansion of an existing auto repair and service station; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a� as 29 30 31 32 33 34 35 36 37 38 WHEREAS, the petition was certified by the Planning Division on March 2, 1998 as having been consented to by at least 2/3 of the owners of the area of the property to be r�zoned, and further having been consented to by at Ieast 67% of the owners of the properry situated with3n 100 feet of the total contiguous property within one year preceding the date of the petition; and WI�REAS, the Zoning Committee of the Saint Paul Plamiiug Commission (Commission) conducted public hearings on Apri12, 1998 and April 16, 1998 for the purpose of considering the petition and, pursuant to Saint Paul Administrative Code§ 107.03, submitted a recommendation to the Commission that the petition to re-zone be granted; and WHEREAS, the Commission considered the re-zoning petition at its meeting held on Apri124, 1998 and recommended, for the reasons stated in Commission Resolution No. 98-30, that the City Council grant the petition; and WHEREAS, a no6ce of public hearing on the said re-zoning petition before the Council of the City of Saint Paul were duly mailed to each owner of affected property and property situated wholly or partially within 350 feet of the property sought to be re-zoned and published in the official newspaper of the City on Mazch 25, 1998; and WHEREAS, the City Council has considered the matter of ihe application on May 27, 1998, June 10, 1998 and July 22, 1998, and has conducted a public hearing where all interested parties were heazd, the Council, having considered the facts and the recommendation concerning this petition, hereby makes the following findings: The District 9 P1an, which was incorporated into the City's Comprehensive Plan on March 13, 1980, states that commercial development should be encouraged along West Seventh and on Randolph east of West Seventh and that residential areas in the district should otherwise be protected from encroachment by incompatible commercial or industrial uses. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 t a�-�c��, 2. The proposed rezoning and the commercial expansion wluch will occur as a result of the re2oning will encroach upon and remove residential housing. The proposed rezoning is therefore inconsistent with the 1and use plan for District 9 which calls for the protection ofresidential areas. NOW, THEREFORE, BE IT RESOLVED, that based upon the above stated findings, the application to re-zone property commonly known as 365-367 and 371 North Smith, legally described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul, as contained in Zoning File 98-051, is in all things denied; and BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution the Zoning Administrator, the Planning Commission and to the applicants: Jerome LaCroiY and William Dunnigan. 4RIGINAL Requested by Department of: By: � _� Approved by By: Foxm Appr by City Attorney B �G��-. a'-l/- i� Approved by Mayor for Submission to Council By: Adopted by Council: Date �C\� 1@ ��\,� W Adoption Certified by Council Sec tary Gouncil Councilmember Coleman SOTAL # OF SIGNATURE PAGES GREEN SHEET oer,n,�rowECrw ��' �� No 62173 inX1aUUW arvm�nca FoR ❑ rnrwnawEr ❑ anclauc ❑ NW1CYLLiFRY1GGF9pR ❑ ALIKNLfFNVI�CLTC ❑wroRtonAwsr�xn ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Resolution finalizing City Council action taken July 22, 1998 denying the application of William Dunnigan to rezone property for expansion of an existing auto repair and service station at 365-367 and 37l Smith Avenue North. PLANNING CAMMISSION C18 COMMlTTEE CIVIL SERVICE CAMMISSION Hd•7.Zd�i7' Fiss tnis ce�soNfirm ever wronced under a conbact r« uiicc aeaenmenn VES NO tWSthie pe�soMtm ever nean a cfly emvbvee� YES NO Dces this ParsoNfirm D�asess a s16U not nartne�NP�� bY anY curtent cih emPbyee? YES NO Is Mis personfirm atarpeteavenaorr YES NO COST/REVENUE BU�QET@ (dRCLE ON� NNDING SOURCE ACTNITY NUMBER YES NO -INFNGIPIINF�RMATON (O(PWN) OFFICE OF Tf�E CITY ATTORNEY �p �1 �� Clayton M Rabinson, Jn, CiryAttorney � � CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 400 City Hall I S West Kellogg Blvd Saint Paul, Mir+nesoW 55102 Telephone: 657166-8710 Facsimile: 651298-5679 C �Is.�iv�l 3''st`��'G; .%: l.v� �',v: AUb St IZ, 199H QL� � `� �d�€� Nancy Anderson Council Secretary 310 Ciry Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Application of Jerome LaCroix and William Dunnigan Zoning File No: 98-051 City Council Action Date: 7uly 22, 1998 Dear Ms. Anderson: Attached please find a signed copy of a resolution memorializing the decision of the Saint Paul City Council to deiry the subject application to rezone property. Wou1d you please haue this resolution placed on the Council's Consent Agenda at your earliest convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, i L��rZgi� Peter� arner Assistant City Attorney PWW/rmb Enclosure cc: Councilmember Coleman DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CITY OF SAIl�1T PAUL Norrn Coleman, Mayor May 13, 1998 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: I would like to confirm that a public hearing before the City Council is scheduled for Wednesday May 27, 1998 for the following zoning case: Applicant: WILLIAM DLJNNTGAN File Number: #98-051 Purpose: Rezone property from RT-2 (Townhouse Residential Dish-ict) to B-3 (General Business District) for expansion of an existing auto repair and service station. Address: 365-367 SmithAvenueNorth Legal Description of Property: Lot 4, Block 3, Samuel Leech's Addition to the Town of Saint Paul Previous Action: Planning Commission Recommendation: Approval, vote: unanimous, Apri124, 1998 Zoning Committee Recommendation: Approval, vote: 7-0, April 16, 1998 My understanding is that this public heuing request will appear on the agenda for the May 20, 1998 City Council meeting and that you will publish notice of tl�e hearing in the Saint Paul Legal Ledger. Please call me at 266-6580 ifyou have any questions. Sincer , Beth Bartz City Planner cc: File #98-051 Paul Dubriel Pattie Kelley Divi.tton of Pbivting 25 Wes! Fourth Street Soi�a Pout, MN 55102 (q � + � G TelepFwne: 612-266-6565 Facsimite: 612-2283314 � r� � t Ga!;.�'s: r:es�w: �:: �.;� �� I�I�Y 1 � �� . •Frrzsyx�nv• xaric� oF rvarac xEEnxnv� The Saint Paul GYty Council m71 mnduct a public hearing on Wednesday, May 27, 1995 at 5:30 p.m. in the City Council Chaznbers, Third Floor City Hall-Court House, to consider the application of Williazn Dunnigan to rezone property from RT-2 lTo�✓nhouse .Residentiai Disirictj to B-S (General Business DistriM) for expansion of an exisYing auto repair and service staHOn at 365-367 Smith Avenue North. ' - Datedd May 13, 1998- . � _— _ ._ . _ _ _ 13A1dC'Y ANDERS6P - - — - - Asststant C.Yty Councit Secretary - � . - - ' - - fD7ay 16. t 988) - ��.��'� city of saint paul �planning comrnission resoiution file number 98-30 �te April 24, 1998 ��iHEREAS, Jerome Lacrax and W+Iliam Dunnigan, file #98-051, has appiied for rezoning 365-367 and 371 North Smith from RT-2 to B-3 under the provisions of Section 64.400 of the Saint Paul Legislative Code, for the purpose of expansion of an existing auto repair service station, legafly described as lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul; and WHEREAS, the Zoning Committee of the Planning Commission on 4l2/98 and 4/16198 held a pubiic hearing at �vhich alf persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paui Legisfative Code; and WHEREAS, Saint Paui P{anning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially ref4ected in the minutes, made the fo4lowing findings of fact: 1. Erna Salmonsen, proprietor of Grand & Sm+th Mobil, is the contract purchaser of both � properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; )erome lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex i365-367) to provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applicant believes that the additionaf area wili relieve congestion and confusion on the site, provide for more orderiy storage of vehicies waiting to be serviced, and aliow service trucks to be stored indoors when not in use. The applicant does not pfan to expand either the service station itself or the number of pumps on site. Section 60.54A (18) of the Zoning Code permits automobi{e service facilities as permitted uses subject to special conditions in the B-3 zoning distrid. The proposed site has the potential of meeting all of the required conditions related to minimum lat size, landscap+ng, indoor repair work, and outs+de storage. 3. The psoposed site plan does not meet the required conditions for a Special Conditional Use Perm+t. lssues inc4ude buffering and set6acks as well as use of the 365-367 parcef for both residential and commercial use. Therefore, the proposed site plan cannot receive administrative approval. moved by Vaught seconded by ' in favor Unanimous against Pianning Commission Resolution, File #97-051 Page 2 4. The rezoning is consistent with the Saint Paul Housing Polic}� for the 1990s. Policy 39 states: "ldentify specific areas ot incompatible land uses that detract from residential quality in the city and seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private efforts tl�at strengthen the edges between residential and other land uses." This partiafly residential block on Smith ties between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of I-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving this conflict by rezoning to a similar commercial Ieve! as Grand and West Seventh is appropriate and provides a stronger edge to the residentiai area to the west. 5. The Disirict 9 plan, adopted in 19&0, indicates this block is desig�ated as residentia! w/some commercial interspersed. Grand is designated as a minor arterial similar to West SevenTh. The plan also states buffers should be developed where conflicts beTween residential and commerciaf uses exist. �� 6. The rezoning is consistent and compatibie with the way the area has deve(oped. Grand Avenue between I-35E and West Seventh Street has seen significant commerciai redeve�opment since the opening of the interstate and major expansion of U�ited Hospital to � the northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the south. I-tigh traffic volumes on Smith and the small triangular block created by the layout o{ Grand, West Seventh and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning avill not have an adverse impact on adjacent properties if appropriate landscaping and screening is insta!!ed on the south and west sides of any development of the property to shield the residential uses there. 8. The appGcant submitted a sufficient petition of twathirds of the property owners within one hundred (100) feet of the property stating support for the rezoning {21 parcels efigible, 14 required, and 14 signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paui Planning Commission, that the petition of JEROME LACROIX AND WILLIAM DUNNiGAN to rezone property at 365-367 and 371 Smith more particulariy described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul from a RT-2 zoning ciassification to 6-3 zoning classification is consistent with the Comprehensive Plan for the City; and SE IT FtJRTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Pau! that property located at 365-367 AND 371 SMITH by rezoned by RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Development. . � � y Planning Commission Resolution, File #97-051 Page 2 4. The rezoning is consistent with the Saint Paul Hous+ng Policy for the 1990s. Policy 39 states: "ldentify specific areas of incompatible land uses that detract from residential quality in the city and seek opportunities to resolve these land use conflicts through aGquiSitian, fedevelopm�nt, aijc) suppert o( pr(vate e((orts that strengthen the edges between residential and other land uses." This partially reside�tial block on Smith lies between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of f-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two ma}or traffic routes. The amount of treffic and the narrowness of the street create an undesirable residential area. Resolving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west. 5. The District 9 pfan, adopted in 1980, indicates this block is designated as residentiai wisome commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residential and commercial uses exist. ,/ 6. The rezoning is consistent and compatibie with the way the area has developed. Grand Avenue between 1-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expansion of United Hospitai to the northeast. West Seventh is also experiencing redevelopme�t, most notably in this area with the recanstruction of the Salvation Army building to the south. High traffic vofumes on `J Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficuit situation to sustain residential use on Smith Avenue. 7. The rezoning will noi have an adverse impact on adjacent properties if appropriate landscaping and screening is installed on the south and west sides of any development of the property to shield the residential uses there. 8. The applicant submitted a suff+cient petition of two-thirds of the property owners evithin one hundred (100) feet of the properiy stating suppoR for the rezoning (21 parcels efigibie, 14 required, and 14 signed). NOW, THEREFORE, BE iT RESOLVED, by the Saint Paul Planning Commission, that the petition of JEROME LACROIX AND W�LLIAM DUNNIGAN to rezone property at 365-367 and 371 Smith more particularly described as Lots 4 and 5, 61ock 3; Samuei Leech's Addition to the 7own of Saint Pauf from a R7-2 zoning classification to B-3 zoning classification is consistent with the Comprefiensive Pian for the City; and BE I7 FUR7HER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Councii of ihe City of Saint Paul that property 4ocated at 365-367 AND 371 SMITH by rezo�ed by RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Deve{opment. �� MINUTES OF THE ZONING COMMfTTEE Thursday, April 2, 1998 - 3:30 p.m. City Counci! Chambers, 3rd Floor • City Hall and Court House 'I5 West Kellogg Boulevard PRESENT: ABSENT: OTHERS PRESENT: Chavez, Faricy, Field, Gordon, Kramer, Vaught and Wenc1 Morfon (excused) ��~�� Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Kelfey, Roger Ryan, and Jim Zdon of PED. The meeting was chaired by Commissioner Field. JEROME LACROIX AND WILLIAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and service station for properties focated at 365-367 and 371 N. Smith. Beth 8artz presented slides and the staff report recommending approval of the rezoning petition. She explained this is a similar situation to a previous item pertaining to expansion of a service station and the Committee could consider similar language if they so choose. Upon questions of Commissioner Gordon, Ms. Bartz said it is her understanding the app{icant is working with the District 9 Community Council on efforts to relocate the fourplex to another site. Ms. Bartz stated � the applicant's representative indicated the applicant's desire to remove the fourplex for future parking needs, but because of its architectural character wiH make efforts to preserve it. Commissioner Gordon questioned if this Committee has the authority to rezone only one of the two lots requested and to require that the fourpiex be moved to the lot where the dupiex is presently located as a condittion. Assistant City Attorney Peter Warner stated he would review this far the Committee. Upon question of Commissioner Kramer, Mr. Warner explained that rezoning actions of the Zoning Committee are in the nature of a recommendation to the Planning Commission and City Council. Ms. Sartz stated staff received two separate applications for the rezoning, one for the 365 & 367 Smith parcel and one for the 371 Smith parcel, and she noted for the purpose of presenting the staff teport they were consolidated. Upon question of Commissioner Chavez, Ms. Bartz said the statement of support for the rezoning application was submitted by the applicar+t. Commissioner Chavez referred to one of the rezoning consent forms that has a signature but is a blank form, and Roger Ryan indicated the consent forms were received by staff in one packet. Chair Fieid said he does not have a copy of the actual applications, and Ms. Bartz indicated she has them in her file. Mike Bfack, attorney representing Erna Salmonsen, appeared and said they submitted two applications , at staff's recommendation and were alfowed to pay only one application fee. He stated the appiicants spoke with Betty Moran at the District 9 Community Counci( about their interest in this property and development issues, and Ms. Moran indicated her interests to save the fourpiex and moving the fourpiex Zoning Committee Minutes P:pril 2, 1998 LaCroix/Dunnigan (98-059) Page Two � to a residenfia! lot in keeping with the Fort Roed Federation's housing poficies. He said Ms. Salmonsen's business is such that she can use both properties and has offered to purchase them. Mr. Black said this is a very active repair business, and in referring to the site plan said it was prepared withouY inpUt from staff on issues relating to special conditions, such as the setbacks and the buffers. He said some of those issues have been pointed out to them by staff in the process of looking at the appiication, and his client is willing to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been idenYified for relocation of the fourplex, and Mr. Black said Ms. Moran has one in mind and if's fiis understanding someone with an open lot in the neighborhood has been approached. Commissioner Gordon asked Mr. B(ack's opinion to rezoning the lot that the fourplex now is on for business but not rezone the dupiex lot wh+ch wouid then enable the applicant to move the fourplex to where the duplex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the appficanf is making a significant investmenf in acquiring this property, and would prefer the use of both lots for the service station use. Mr. Black further stated if the decision was made that she had to move the fourplex onto Yhe duplex lot, she would have to reassess the purchase because fhat is really not her purpose for doing this. At the question of Commissioner Gordon, Ms. Salmonsen indicated her commitment that the fourplex will not be destroyed or demolished and to have it moved to a lot within the neighborhood. • No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition To the permit. She stated she was approached by an employee of the Mobii Station in February and was handed a form to sign for rezoning. She noticed there were four other names on the form, and she said she toid the employee that she wou(d look into it furfher and fet fhem know whether or not she wouid sign the form. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were ali informed differently of would happen wi?h t�is �roperty. She said she has owned iier home since 1996, and the area is improving al( the time. Ms. Brooks also noted that soon after being contacted by the Mobil 5tation, she was contacted by the 5alvation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further re(erred to information she obtain through the Police Department's Office of Research amd Development indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding this rezoning. Ms, Brooks said she believes this expansion is for the AAA business out of the Mobil Station, and although there is traffic congestion, the larger part is due to the growth of the AAA business. Ms. Brooks submitted letters from others who were unab(e fo aftend today's meeting which rafer to aititudes of empioyees and the owner toward the neighbors, and she stated this is nof a friendiy neighborhood community caring business, and nothing will be gained by moving the fourplex and tearing down the duplex. Upon questions of Commissioner Vaught, Ms. Brooks said when she was presented with the zoning consent petition and asked to sign it, she was totd thaf the fourplex wou(d remain, the duplex would stay, and the parking lot would be put around in back of the duplex because they were unable to purchase fhe � fourpfex. She a(so reiterated that she did not sign the petition, and that she does not purchase her gas from this Mobil Station. At the question of Commissioner Chavez, Ms. Brooks said the AAA portiort of the business is growing, and she has seen 6oth flaf and tow frucks at this location. Zoning Committee Minutes A'pril2, 1998 LaCroixlDunnigan (98-051) Page Two a�� ?�`� to a residential lot in keeping with the Fort Road Federatio�'s housing policies. He said Ms. Salmonsen's business is such that she can use both properties and has offered to purchase them. Mr. Black said this is a very active repair business, and in referring to the site plan said it was prepared without input from staff on issues reiating to special conditions, such as the setbacks and the buffers. He said some of those issues have been pointed out to them by staff in the process of looking at the appiication, and his client is willing to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been identified for relocation of the fourplex, and Mr. Black said Ms. Moran has one in mind and iYs his understanding someone with an open lot in the neighborhood has been approached. b Commissioner Gordon asked Mr. Black's opinion to rezoning the lot that the fourplex now is on for usiness but not rezone the duplex lot which would then enable the applicant to move the fourplex to where the duplex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the applicant is making a significant investment in acquiring this property, and would prefer the use of both lots for the service station use. Mr. Black furiher stated if the decision was made that she had to move the fourplex onto the duplex lot, she would have to reassess the purchase because that is realiy not her purpose for doing this. At the question of Commissioner Gordon, Ms. Salmonsen indicated her commitment that the fourplex will not be destroyed or demolished and to have it moved to a lot within the neighborhood. No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition to the permit. She stated she was approached by an emp{oyee of the Mobii Station in February and was handed a form to sign for rezoning. She �oticed there were four other names on the form, and she said she toid the employee that she would look into it further and let them k�ow whether or not she would sign the form. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were all informed difEerently of would happen wi!h t"is property. She said she has owned iier home since 1996, and the area is improving all the time. Ms. Brooks also noted that soon after being contacted by the Mobii Station, she was contacted by the Saivation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further referred to information she obtain through the Police DepartmenYs O�ce of Research amd Deveiopment indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding this rezoning. Ms. Brooks said sfie believes this expansion is for the AAA business out of the Mobif Station, and aithough there is traffic congestion, the larger part is due to the growth of the AAA business. Ms. Brooks submitted fetters from others who were unable to attend today's meeting which refer to attitudes of empioyees and the owner toward the ne+ghbors, and she stated this is not a friendiy neighborhood community caring business, and nothing will be gained by moving the fourplex and tearing down the duplex. � Upon questions of Commissioner Vaught, Ms. Brooks said when she was presented with the zoning consent petition and asked to sign it, she was told that the fourplex wou{d remain, the duplex would stay, and the parking lot would be put around in back of the duplex because they were unable to purchase the fourp{ex. She also reiterated that she did not sign the petition, and that she does not purchase her gas from this Mobil Station. At the question of Commissioner Chavez, Ms. Brooks said the AAA portion of the business is growing, and she has seen both flet and tow trucks at this location. Zoning Gommittee Minutes fipril 2, 1998 LaCroixlDunnigan (98-051) Page Three \J q��``� Upon question of Commissioner Gordon, Ms. Brooks said she feeis a parking !ot 6y the Salvation Army would strongly impact this area because, i4 this rezoning is approved today, the neighborhood will then have two parking lots. Upon question of Commissioner Kramer, Ms. Brooks said no attachments to the petition were presented to her, but she did receive something {ater. She said she was not informed of what other types of businesses could be allowed in this facility, nor did she receive sections of the Zoning Code referred to in the petition. Ms. Howelis, 251 Forbes, appeared and spoke in opposition stating there has never been problems in this neighborhood. At the question of Commissioner Chavez, Ms. Howells said she feels she was tricked into signing the petition because she was toid they could not buy the fourplex and that the little duplex would be torn down and made into a parking lot. Upon question of Commissioner Vaught, Ms. Howells said the day she signed the petition she was not shown anything other documents. No one eise appeared. Mike Black sard he prepared a package consisting of the consent document, each of the applications, a copy of the site plan and photocopies of the Zoning Ordinance that has permitted uses in R-3 zoning, . which were all stapled together and provided to his client to distribute. He said why these two individuals state they were only provided the one sheet he cannot explain. However, Wes Salmonsen did some of the contact with the neighborhood and is present to speak to those two cases. Mr. Black stated there are different signature sheets because that was the way the package was organized to contact the many commercial property owners. Commissioner Kramer referred to a petition form in the packet that is blank without any information, and Mr, Black explained that is the signature page that was submitted to the Ffealth Span Heaith Systems. Later in the meeting, Ms. Salmonsen said she went to Health Span Health System and left a blank form, and at a iater time took over a fuil packet. However, the person she left it with had to go out of town due to a death in the family, and the person returned the biank form rather than the completed one which had been left {ater. Ms. Salmonsen also stated she spoke with Mrs. Howeils on the tefephone before her son went to her home and that she had explained what their plans were and asked how she feft about it. Wes Salmonsen appeared and stating he took the petition form to Ms. Howeils, and that he left with her the packet provided to him by Mr. Black. Mr. Vaught expressed concern whether or not there was misrepresentation at the time these items were presented. Bill Dunnigan, 266 Mackubin, appeared and spoke specifically to the recommendation of staff that rezoning would be consistent with the development in the area. He stated he's owned and managed the fourplex for the past ten years as a rental structure, and iYs becoming increasingiy difficult to attract good, viabfe tenants at this lacation. He aiso stated that afthough this structure does not have historicai preservation , stetus, it was bui(t between 1880 and 1890. No one else appeared, and the public hearing was ciosed. Zoning Committee Minutes April 2, 9998 LaCroix(Dunnigan (98-051) Page Four � Commissioner Vaught questioned the validity of the petition because it may not have enough signatures, and he referred to testimony of both Ms. Brooks and Ms. Howeils regarding the manner in which these signatures were secured. He said he has enough concern that he is moving to lay this matter over for two weeks for staff to recontact the people who signed the petition and ascertain what documents they were presented with at the time they signed the form, and to make judgement whether or not tfiey were obfained validly. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any problem with the people who work there. Fte said this business has 6een at this location for many years, and by making improvements to their buiiding are a part of the improvement of this neighborhood. He stated testimony he's heard today causes him concern about the validity of the supporting papers, and thaY he will support the motion for a layover for staff to verify the signed pefitions, the applicant to get a resigned peYition if they so choose, resolve concems regarding individuals who signed the petitions, and for Mr. Warner to determine whether or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he wil! support the motion for a layover, but he believes the burden shou(d not be o� sfaff fo recontact the people who signed Yhe petition. He said although he also has concem who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the intent of his motion is that staff wou(d do the recontacfing. He stated he is not satisfied witfi the job that was originally done, and testimony presented today persuades him that � there is at least an issue to the representations made on the petitions and documents. Chair Field said he will vote in support of the motion for a layover. He stated he's convinced that the app(ication is incompiete, and the applicant should also have the opportunity to abtain new petitions. He said given the controversy regarding the signatures, he agrees that staff should check the pet+tions. Commissioner Kramer suggested this matter be laid over untii there is a complete application, and Commissioner Vaught siated he is not prepared at this point to declare the application incornplete. At the request of Commissioner Wencl, Commissioner Vaught clarified his motion thaf staff will contact each of the fourteen people for verification af their signature and what fhey were shown when they signed, that staff wili then submit that information to this Committee, and an explanation on how a bfank petition was su6mitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have pertaining to the existing petition, and Mr. Warner said the law with respect to consents on rezoning petitions is somewfiat unclear. He stafed given the Appeilant Courts, the better thing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or appiication before the Committee and require the applicant to start the consent process ail over again. However, the Committes is not prohibited from engaging in some investigation to arrive at thaf conclusion. Upon question of Commissioner Wencl, Mr. Warner said pertaining to the goal of the appiicant to rezone a property, the applicant may go out and obtain new consents from ap of the property owners, and � alihough the people that consented the first time wouid consent the second time around, given the testimony, maybe they won't. Mr. Warner stated that with respect to verifying consent petifions, fhe (aw is clear in Minnesota that the burden is on the City Yo do thaf. Zoning Committee Minutes April 2, 1998 LaCroix/Dunnigan (98-051) Page Four ��_�� Commissioner Vaught quesfioned the validity of the petition 6ecause it may not have enough signatures, and he referred ta testimony of both Ms. Brooks and Ms. Howells regarding the manner in which these signatures were secured. He said he has enough concern that he is moving to lay this matter over for two weeks for staff ta recontact the peopie who signed the petitio� and ascertain what documents they were presented with at the time they signed the form, and to make judgement whether or not they were obtained valid{y. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any probiem with the people who work there. He said this business has been at this location for many years, and by making improvements to their building are a part of the improvement of this neighborhood. He stated testimony he's heard today causes him concern about the validity of the supporting papers, and that he wiil support the motion for a layover for staff to verify the signed petitions, the applicant to get a resig�ed petition if they so choose, resoive concerns regarding individuals who signed the petitions, and for Mr. Warner to determine whether or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he wili support the motion for a layover, but he believes the burden should not be on staff to recontact the people who signed the petition. He said although he also has concern who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the i�tent of his motion is that staff would do the recontacting. He stated he is not satisfied with the job that was originally done, and testimony presented today persuades him that there is at least an issue to the representatio�s made on the petitions and documents. Chair Field said he will vote in support of the motion for a layover. He stated he's convinced that the application is incomp4ete, and the applicant shouid also have the opportunity to obtain new petitions. F!e said given the controversy regarding the signatures, he agrees that staff shoufd check the petitions, Commissioner Kramer suggested ihis matter be laid over until there is a complete application, and Commissioner Vaught stated he is not prepared at this point to deciare the application incomplete. At the request of Commissioner Wenci, Commissioner Vaught clarified his motion that staff wiN contact each of the fourteen people for verification of their signature and what they were shown when they signed, that staff will then submit that information to this Committee, and an explanation on how a blank petition was submitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have pertaining to the existing petition, and Mr. Warner said the law with respect to consents on rezoning petitions is somewhat unclear. He stated given the Appe{lant Courts, the better thing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or application before the Committee and require the applicant to sta�t the consent process al! over again. However, the Committee is not prohibited from engaging in some investigation to arrive at that conclusion. Upon question of Commissioner Wencl, Mr. Warner said pertaining to the goal of the applicant to rezone a property, the app4icant may go out and obtain new consents from all of the property owners, and although the people that consented the first time wouid consent the second time around, given the testimony, maybe they won't. Mr. Warner stated that wifh respect to verifying consent petitions, tfie law is clear in Minnesota that the burden is on the City to do that. i . Zoning Committee Minutes April 2, 1998 LaCroix/Dunnigan (98-051) Page Five Commissioner Faricy calfed for the question, and it was seconded. Ro(I ca(f to close discussion. Adopted Yeas - 7 Nays - 0 Roll call on the motion for a two week layover. Adopted Yeas - 5 Nays - 2(KramedWencq Drafted by: f Pattie Keiley Recording Secre ary Subm' ed by: Beth Bartz Southwest Team ��-�c.y � MtNUTES OF THE ZONING COMMITTEE Thursday, April 96, 1998 - 3:30 p.m. PRESENT: ABSENT: City Councif Chambers, 3rd Floor City Hati artd Court House 95 West Kellogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wend (excused) OTHERS Peter Warner, Assistant Cify Attorney; Befh Bartz, Kady Dadlez, Donna Drummond, PRESENT: Pattie Kelley, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WILLIAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and service station for properties located af 365-367 and 371 N. Smith. Roger Ryan presented a brief update of tF�e April 2, 1998 Zoning Committee meeting where staff was directed to contact people who had signed the petition to verify that they understood what they had signed. He stated he has spoken to all of the people who signed the petition, and the results of those conversations are outlined in a memo to the Committee dated April 13, 1998. Mr. Ryan referred to a second memo dated April 16, 1998, which explains that three invalid signatures had been resubmitted and are now valid. Mr. Ryan said there are 21 properties within the 150 feet requirement, that fourteen signatures are required, and the applicant has sixteen valid signatures. Mike Biack, 265 W. 7th Street, appeared and upon his question, Mr. Ryan confirmed that the applicant does have the required sigrtatures. Upon question of Commissioner Gordon, Mr. Biack stated that the appficant wilt refocate the fourplex in the neighbnrhood. No one else appeared, and the public hearing was ciosed. Commissioner Gordon moved approval of the staff recommendation, and the motion was seconded by Commissioner Chavez. There was no discussion, and rol( call was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Kelley Recording Secrefary Submitted by: Rog yan Southeast Tea Approved by: �� Mark Vaught Acfing Chair . � � MINUTES OF THE ZONING COMMITTEE Thursday, Aprii 16, 1998 - 3:30 p.m. PRESEN7: ABSENT City Councii Chambers, 3rd Floor City Hail and Court House 15 West Keiiogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wencl (excused) a � .'lc.`� OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Kady Dadlez, Donna Drummond, PRESENT: Pattie Kelley, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WILLfAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and servfce station for properkies located at 365-367 and 371 N. Smith. Roger Ryan presented a brief update of the April 2, 1998 Zoning Committee meeting where staff was directed to contact people who had signed the petition to verity that they understood what they had signed. He stated he has spoken to all of the people who signed the petition, and the results of those conversations are outfined in a memo to the Committee dated April 13, 1996. Mr. ftyan referred to a second memo dated April 16, 1998, which explains that three invalid signatures had been resubmitted and are now valid. Mr. Ryan said there are 21 properties within the 150 feet requirement, that fourteen signatures are required, and the applicant has sixteen valid signatures. Mike Black, 265 W. 7th Street, appeared and upon his question, Mr. f2yan contirmed that the applicant does have the required signatures. Upon question of Gommissioner Gordon, Mr. Black stated that the applicant will relocate the fourplex in the neighborhood. No one else appeared, and the pubiic hearing was closed. Commissioner Gordon moved approval of the staff recommendation, and the motion was seconded by Commissioner Chavez. There was no discussion, and roll call was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Kelley Recording Secretary Submitted by: Approved by: � Y ""'n� ---rfJ-'�--- Rog yan _ Mark Vaught Southeast Tea Acting Chair J � �� .�� ' Saint Paul Pianning Commission Citp Hall Conference Center 15 Ketlogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, April 24, 1998, at 830 a.m. in the Conference Center of City Ha11. Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Maddox, Morton, Nordin, Treichel, and Present: Wencl and Messrs. Chavez,. Field Jr., Gervais, Gordon, Kong, Kramer, Mardell, McDonell, Nowlin, and Vaught. Commissioners Messrs. *3ohnson and Sharpe Absent: *Excused . Also Present: Ken Pord, Planning Administrator; Jean Birkholz, Kady Dadlez, Donna Drummond, Nancy Homans, and Larry Soderholm, Department of Planning and Economic Development staff. I. Approval of Minutes of April 10,1997 j�(7TiON: Cornn�issionerMcDonel[n:ovedapprovaZofthentit:utesofApri110,1 Co»:inissioner Field secontled the n:otion. Commissioner Field asked that the minutes be amended to include the words "the applicant said thaY' before the words "they aa eed to" in line two on page six. Staff agreed to add those words. The ntotion to approve il:e mr:ended mir:utes ofApril 10, I998 carried uttanimously m� a voice vote. II. Chair's Announcements Chair Morton announced that a letter is going out to the district councils informing them about the Pianning Commission quadrantliaisons. III. Planning Administrator's Announcements LJ Mr. Ford reported that he and some Planning Commission members heard Jeremy Riflcen, economist, at this past week's "Cities at Work" Forum. He reminded Commissioners about the forum coming up on housing next Tuesday evening, April 28, at 5:30 p.m., at Jehovah Lutheran Church on Thomas and Snelling Avenue. You may call to make a reservation for • supper; there will be no cost. Tom Fulton, Family Housing Fund and Gloria Bostrom, Fannie Mae, will be making presentations about the housing market and the potential for housing in the area. A panel of reactors will include Ray Hairis, a developer; Don Goldschmidt, director of Frogtown Community Development Corporation; Nancy Homans, PED planner; and Jerry Blakey, Saint Paul Councilmember. The Millard Fillmore Conference will be held May 18. A dinner will be held in the evening, an annual celebration of what's going on for revitalization of the Saint Paul Riverfront and downto�vn. At the same time, the Saint Paul Riverfront Corporation is sponsoring an a11 day . conference focusing on river related redeveIopment. He noted that it would be very worthwhile to have some Planning Commissioners attend the conference. Registration fee is $50; the Commissioner will cover the cost for Commissioners able to attend. Brochures are available. TV. Zoning Committee Commissioner Vaught provided the committee report. #95_170 AItPr Trading CCornoratinn - Conclude special condirion use permit process for a large meta] shredder at 801 Barge Channel Road. (Kady DadIez, 266-6574) Ml�TTO�: Coriemissimier Vaugkt n:oved denial of die requeste�l special co+tditiore use perruit to allow a large mefal shredder at SOZ Barge Gia��xel Road Commissioner Chavez noted that he tivould not support the motion. Commissioner Gordon stated that although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Council voted to prohibit large metal shredders in the Ciry of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gordon's. The motion ot� the floor to delry Yhe requesied special eondirion use pern:it to allow a large � nretal sJ�redder at 801 Barge Chaxnel Road carried a: a vniee vote of 16 - I(ChaveTJ. �Qg�] .i r� ome i.�('roir / William Dunnig� - Rezone property from RT-2 (residential) to B-3 (general business) to allow expansion of an existing auto repair and sen�ice station at 365- 367, 371 Smith North. (Beth Bartz, 266-6580} MnT70\: Cora�nissioner Vaught nioved approva! of the reguested rezo+tiug ofproperry fron: RT-Z (resideritial) to B-3 (geaeral business) to allorv expansiort of a�: existir:g azrlo repair a�ed service statior: at 365, 367, 371 Sraith North. Commissioner Gordon wanted the record to show ihat one of ttee buildings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condition and also is considered to be of historic value. He commented that he and other committee members �vere concemed about what wouid happen to those two properties, especially the 4- plex in connection with maintaining low and moderate income housing in that neighborhood. The Committee received a representation from the applicant that the 4-plex would be relocated elsewhere in the neighborhood; it would not be destroyed. The duplex may well be destroyed. The motiai on the floor earried unanimously on a voice vote. �Q$-p67 Rahib Amini - Determination of similar use that an art gallery is similar to other B-1 uses at 244 Albert. (Beth Bartz, 266-b580) MOTION: Coneniissior:er Vaught moved approval of the requested deterncination of sineilar � use, witlt conditions, that a�i art gallery is similar to otlaer B-1 uses at 244 Albert carried unaxin:ously on a voice vote. 2 a �,��t do�vntotim. At the same time, the Saint Paul Riverfront Corporation is sponsoring an all day conference focusing on river related redeveiopment. He noted that it �vould be very � worthwhile to have some Planning Commissioners attend the conference. Registration fee is $50; the Commissioner wi11 cover the cost for Commissioners able to attend. Brochures are available. IV. �oning Committcc Commissioner Vaught provided the committee report. #95-17n�iteLTLasiin - Conclude special condition use permit process for a large metal shredder at 801 Barge Channel Road. (Kady Dadlez, 266-6574) 1414TS9t�_': Couunissio�ier Vaught ruoved denial of the re�«ested special col:ditiorr trse permir 10 allorv a Inrge i�retal shredder at 801 Bnrge G�mmel Road Commissioner Chavez noted that he �vould not sugport the motion. Commissioner Gordon stated that although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Council voted to prohibit large metal shredders in the City of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gordon's. The »�ofio�: on ihe floor to de�ry the reguested specia! condi�ior: use perrriit to allow a large rrtetal sltredder a[ 801 Barge Cha�zrrel Road carried oit a voiee vote of 16 - I(Gtavez)• `--� #4R-OS] Ser_nmr L,aS'[�ie / Willi�m Dimnigan - Rezone property from RT-2 (residentia]) to B-3 (general business) to allow expansion of an existing auto repair and service station at 365- 367, 3? 1 Smith North. (Beth Bartz, 266-6580) 1110TiON: Coutniissioner Va:tg/ii n�oved approvni of ihe regt�ested rezoniicg ofproperty fi•ou� RT-2 (resideratial) to B-3 (ge�eeral br�siness) to nllorv expmrsioi: of a�e e�isti�ag aarto repair aud service station at 365, 367, 371 Su:itk North. Commissioner Gordon wanted the record to show thai one of the buildings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condition and also is considered to be of historic value. He commented that he and other committee members were concemed about what would happen to those two properties, especially the 4- plex in connection v,-ith maintaining low and moderate income housing in that neighborhood. The Committee received a representation from the app]icant that the 4-plex would be relocated elsewhere in the neighborhood; it would not be destroyed. 'Ihe duplex may well be desiroyed. Tlie ntotioir on the floar carried ui:airimousty on a voice vote. �2$_067 Aab(ILmini - Determination of similar use that an art gallery is similar to other B-1 uses at 244 AIbert. (Beth Sartz, 266-fi580) 1YL27_:LQN: Comurissio�:er Vaugkt moved approval ofrhe requested deten:iination ofsirnilar i�se, with condi[io1�s, that art art gallery ts sierrilar to otherB-I uses at 244.41bert carried � uita�timously on a voice vote. 2 �,� ��l Q • . ZONING COMMITTEE STAFF REPORT FlLE # 98-0S1 1. APPLICANT: )EROME LACROiX AND WILLIAM DUNNIGAN lll DATE OF HEARING: 04/02/98 2. CLASSIF�CATION: Rezoning 3. LOCATION: 365-367 and 371 North Smith 4. PLANNING DISTRICT:9 5. LEGAL DESCRIPTION: Lots 4 and 5, Biock 3; Samuel Leech's Addition to the Town of Saint Paui 6. PRESENT ZONING: RT-1 ZONING CODE REFERENCE: §64.400 7. STAFF INVES7IGATION AND REPORT: DATE: March 23, 1998 8. DATE RECEIVED: 03(Q2(98 DEADLINE FOR ACTION: OSlOI/48 BY: Beth Bartz A. PURPOSE: Rezone the properties from RT-2 to B-3 to allow expansion of an ex�sting auto repair and service station, B. PARCEL SIZE: Each of the parcels is 50.84 feet wide and 173.4 feet deep for a total area of 17,631 square feet. G EXISTING LAND USE: 7here is a four-plex residentiai structure at 365-367 N. Smith and a duplex at 371 N. Smifh. D. SURROUNDING LAND USE: North: An existing auto repair and service station in a B-3 distrid. East: Single family and duplex structures in an RT-2 district. South: Single family and duplex structures in an RT-2 district. West: Single family and duplex structures in an RT-2 district. E. ZONING CODE CITATION: Section 64.400(a) states in part that "the council may, from time to time, amend, supplement or change the district boundaries or the regufations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned, HISTORY(DISCUSSlON: There is no previous history on these parcels. � G. DISTRICT COUNCIL RECOMMENDAT{ON: Distrid 9's meeting schedule will not allow them to take an official position on this rezoning prior to the April 2 public hearing. Zoning File #98-051 Page 2 H. FINDtNGS: Erna Salmonsen, proprietor of Grand & Smith Mobil, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventua(ly remove the fourplex (365-36� to provide additiona( parking and construct a 40' by SO' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applicant believes that the additional area will relieve congestion and confusion on the site, provide for more orderly storage of vehicies waifing to be serviced, and allow service trucks to be stored indoors when not in use. The applicant dces not plan to expand either the service stacion itself or the number of pumps on site. 2. Section 60.544 (18) of the Zoning Code permits automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeting a!I of the required condiTions related to minimum lot size, landscaping, indoor repair work, and outside storage. 3. The proposed site plan does not meet the required cond�tions for a Special Condit+onal Use Permit. Issues inciude buffering and setbacks as well as use of the 365-367 parcel for both residential and commercia! use. Therefore, the proposed site plart cannot receive administrative approval. . 4. The rezoning is consistent with the Saint Paul Housing Palicy for the 1990s. Policy 39 states: • "Identify specitic areas ot incompat+ble land uses that detract from residentia! qua{ity in The city and seek opportunities to resolve these fand use conflicts through acquisition, redevelopment, and support ot private eftorts that strengthen the edges between residentia! and other land uses." This partially residential block on Smith lies between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of I-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 AD�, though narrow, street co�necting these two major traffic routes. The amount of traffic and the narrowness of the streei create an undesirable residentia! area. Res�lving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residentiai area to the west. 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residentia) and wmmercial uses exist, 6. The rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expa�sion of UniYed Hospital to the northeast. West Seventh is also experiencing redevefopment, most notably in this area with the reconstruction of the Salvation Army building to the so�th. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficuh situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on adjacent properties if appropriate (andscaping and � screening is installed on the south and wesi sides of any development of the property to shield the residential uses there. � �,��a Zoning Fi4e #98-051 Page 2 H. FINDINGS: Erna Salmonsen, proprietor of Grand & Smith Mobil, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; )erome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex {355-367} �o provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applica�t believes that the additional area wil{ relieve congestion and confusion on the site, provide for more orderly storage of vehicles waiting to be serviced, and allow service trucks to be stored indoors when not in use. The applicant does not plan to expand either the service station itseVf or the number of pumps on site. 2. Section 60.544 (18) of the Zoning Code permits automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeting all of the required conditions related to minimum {ot size, landscaping, indoor repair work, and outside storage. 3. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues incfude buffering and setbacks as well as use of the 365-367 parcel for both residential and commerciai use. Therefore, the proposed site plan cannot receive administrative approval, 4. The rezoning is consistent with the Saint Paul Housing Poficy for the 7990s. Policy 39 states: "Ide�tify spedfic areas of incompatible land uses that detract from residential quality in the city and � seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private efforts that strengthen the edges between residential and other land uses:' This partialfy residential block on Smith lies behveen substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of f-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Res�lving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar ro West Seventh. The plan also states buffers should be developed where conflicts be[ween residential and commercial uses exist. 6. The rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopme�t since the opening of the interstate and major expansion of United Hospital to the northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the south. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Sevenih and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on adjacent properties if appropriate la�dscaping and screening is instal(ed on the south and west sides of any deve{opment of the property to shield the residential uses there. ,1/ ,' q� • Zoning File #98-051 Page 3 The applicant submitted a sufficient petition of twathirds of the property owners within one hundred (700) feet of the property stating support for the rezoning (27 parcefs eligible, 14 required, aod 14 signed). STAFF RECOMMfNDAT10N: Based on findings 1 through 2 and 4 through 7, staff recommends approval of the rezoning petition. � � � PETtT(ON TO AMEND THE ZONING CODE Department of Planning and Economic Develapmen[ Zoning Section II00 City Hal/Annez 25 West Fourth Street Saint Paul, MIV SSI01 166-6589 APPLIGANT PROPERTY LOCATION Efitt� !D� U58 aA{ : � i�O . -�( �..a.� F �: e�Yrtg iiit8 :.' �.`:_`..,.: ��:,;� i � - . Property Owner William J. Dunnigan III / Erna Salmonsen Arirtrocc 266 Mackubin Avenue City st. raul gt Z� 55102 Daytime phone Contact person (if different) Erna Salmonsen 222-2993 Address/Location 365 - 367 Smith Ave. North LegaldeSCription Lot 4, Block 3, Samuel Leech's Addition to the Town of St. PauJ. (aftach additiona! sheef if TO THE HOMORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Sain4 Pau! Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, william J. nunnigan ZII , the owner of al! the land proposed for rezoning, hereby petitions you fo rezone the above described property from a xT-2 zoning district to a B-3 zoning district, for the purpose of: Removing the existing du��ex, building a 40 x 50 foot garage for the storage and service of �:3v trucks, and using the remaining area for Farking. The property is being acguired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 236 Grand Avenue. (attach additional sheet(s) if necessa ) ,�/ Aftachments Required site plan � Consent petition L�T A�davit � Subscribed and swom to X� �1.c., before me this /O�` day Byk ��-c.c�<� � p�-v,v,�.,�� of �Y /' , 19� Fee owner of property Title: Page t of 1� Notary Pubiic A4ICHAEL C. BI.ACK N07ARY Pl1uUC • �"� 31o2CL0 µy Coqmissian Exp'pes J . � � � - PET1710N TO AMEND THE ZQNING CODE Deparfinent ojPlanning and Economic Develapmexi Zoning Sectio�r ZA00 City Ha11 Anner 25 West Fourth Street Sairr! Paul, MN 55101 166-6589 APPLICANT � PROPERTY - LOCATION Property Owner William J. Dunnigan III / Erna Salmonsen Aririrasc 266 Mackubin Avenue City sc. Paul gt Z; 551oz Daytime phone Contact person (if different) Erna Salmonsen 222-2993 Address/Location 365 — 367 Smith Ave. North Legal description Lot 4, Block 3, Samuel Leech's Addi[ion to the Town of St. Paul (atfach additionai sheet if necessary) TO THE HONORABLE MAYOR AND CiTY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zo�ing Ordinance and to Section 462.357(5) of Minnesota Statues, william ,3. Dunnigan III , the owner of afl the land proposed for rezoning, hereby petitions you to rezone the above described property from a RT-2 zoning district to a B-3 zoning district, for the purpose of: Removing the existing du�lex, building a 40 x 50 foot garage for the storage and service of � trucks, and using the remaining area for Farking. The property is bFing acquired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 236 Grand Avenue. (attach addrfional sheet(s) if neces_s_af�') Attachments: Required site pian L✓� Subscribed and sworn to before me this �p� day of ,�l�YGr�, 19� X l.tJ�, r G� s y k l�f �.<,t.e�� l!i (J�, '� fee owner of property Title: Consent petition � Affidavit � ,,,,c,wv.nn,��^N - — — Notary Public s �.; � � A4ICNAEL C. SLACK ` �.' ` - NOTARY PUGLIC • MIKNESOTA � �,- -- � � �.��m¢;1onEzpiresJan. . XVW�^ Page 'i of �_ �� PET{TION TO AMEND THE ZOIVtNG CODE • �I Deparrment of Planning and Economie Development � Zoning Section II DD Ciry Hat1 Annex 25 West Founh Street Saint P¢ut, M1V 55702 266-6589 APPLICANT PROPERTY LOCATION . TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, Jerome s. Lacroix , the owner of all the fand proposed for rezoning, hereby petitions you to rezone the abave described property from a RT-2 zoning district to a B zoning district, for the purpose of: Removing the existing duplex, building a 40 x 50 foot garage for the storage and service of tow trucks, and using the remaining area for parking. The pro- perty is being acquired by Erna Salmonsen, who inzends to add it, along with the property at 365 - 367 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 326 Grand Avenue. f� (attach addrtiona/ sheef(s) if necessa ) ^/ ^/ Attachments Required site pian � Consent petition i� Affidavit LN' Subscribed and swom t� before me this ��. day of _��h�!� 19 ,�� a �� Notary Public Pfopefty OwnerJerome S. Lacroix/Erna Salmonsen Addr2ss 371 Smith Avenue North City St. Paul St. MhTZip 55102 Daytime phone 122-2993 Contact person (if different) Erna salmonsen 222-2993 AddresslLocation 371 Smith Avenue Norch Legal deSCrlption Lot 5, Block 3, Samuel Leech's Addition to the Town of St. Paul (atfach additional sheef if necessary) of Ziintng �ce uss �� a. ;�� Fee ....'�:�..� .r, ! ; �..�� Title: ...^J.bi`..•✓n�e.h^..�..�r'✓.}'., y.4;\` _: ; J06.7; A. PROKO? ; � noT�q�tauauc-f.c:�;esarq � _� RA?.'SGYCOUNTY � ' ^c¢::rw�,_ . z t..1 txp;;es.;.131, fC^ �� '. Page�of l7 �IlC��c�� C�o Black �� IlC�C� �,�� February 19, 1998 Suite 201 265 W. 7th St. (Fort Boad) St. Paul, Minnesota 55102 (612) 222-2587 FAX: (612) 222-2589 HAND DELIVERED Ms. Kady A. Dadlez St. Paul Department of Planning & Economic Development 25 West 4th Street St. Paul, Minnesota 55102 Re Dear Ms. Dadlez: Rezoning Application for property at 365-367 and 371 Smith Avenue North I enclose with this letter the following materials related to the reaoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunnigan for the property at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacroix for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by Yust Architectural Services, showing how the two lots will be incorporated into my client's business. The four-plex at 365-367 Smith Avenue North wi11 remain until appro- priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed snd a new garage build- ing built at the rear of that 1ot. A new curb cut will also be installed at 371 Smith Avenue North and the lot will be paved for a parking Iot. 4. Ten pages of consent forms signed by neighboring property owners. These consent forms cover I4 of the 21 property owners within 100 feet of the properties, as identified in the report prepared by your office. 5. Affidavit of Petitioner signed by Jerome Lacroix. 6. Affidavit of Petitioner signed by William Dunnigan. 7. Three Affidavits of pezsons circulating the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, a11 oE whom were involved in obtaining the consent signatures. � L� � a�,�� c��aQIl C�o Slack �� OO�ff�c�c� ��1 February 19, 1998 Suite 201 265 W. 7th St. (Fort I3oad) St. Paul, Minnesota 55102 (612) 222-2587 FAX: (612) 222-2589 HANU DELIVEREU Ms. Kady A. Dadlez St. Pau1 Department of Planning 6 Economic Development 25 West 4th Street St. Paul, Minnesota 55102 Re: Re<oning Application for property at 365-367 and 371 Smith Avenue North Dear Ms. Dadlez: I enclose with this letter the following materials related to the rezoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunnigan for the properYy at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacro3x for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by YUSt Architectural Services, � showing how the two lots wi11 be incorporated into my client's business. ' The four-plex at 365-36J Smith Avenue North will remain until appro- ' priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed and a new garage build- ing built at the Year of that lot. A new curb cut will a15o be installed at 371 Smith Avenue North and the lot wi11 be paved for a parking lot. 4. Ten pages of consent forms signed by neighboring property � owners. These consent forms cover 14 of the 21 property owners within 100 feet of the properties, as identified in the report prepared by your office. 5 0 Affidavit of Petitioner signed by Jerome Lacroix. Affidavit of Petitioner signed by William Dunnigan. J. Three Affidavits of persons circulat3ng the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, all of whom were involved in obtaining the consent signatures. � ....J J P1s. Kady A. Dadlez � Page 2 Eebruary 19, 1998 a �,.��.� 1 8. A copy of my client's purchase agreement with kiilliam and Maureen Dunnigan for the property at 365-367 Smith Avenue North. 9. A copy of the purchase agreement between my client and Jerome Lacroix for the purchase of the property at 371 Smith Avenue North. 10. My client's check in the amount of $670.00 payable to the City of St. Paul for the zoning application fee. 11. A Statement Supporting Rezoning Application prepared by my office to support this application. Based on the schedule of ineetings which you provided to me, I understand that the cut-off date for this petition is March 2, 1998, and that notices wi11 be mailed on March 19, 1998. The application will come before the zoning committee for a public hearing on April 2, 1998 and be- fore the fuil planning commission on April 10, 1998. You have advised me that the City Council meeting for approval of the application is usually scheduled approximately three weeks after the planning commission meeting. I also understand that my client must submit a Special Condition . Use Permit Application relating to my client's current property at 236 Grand Avenue, and that this application will be handled on a staff level. Please advise me as to the proper timing to file this application. Thank you for your assistance in this matter. Sincerely, r ;E'�� ,/, �� Michael C. Black MCE/mmb ENC: cc: Erna Salmonsen � STATEMENT IN SUPPORT OF REZONING APPLICATION Erna Salmonsen has operated Grand & Smith Mobil as a sole pro- prietorship at 236 Grand Avenue in St. Paul since 1984. Her sons, Wes and Dave, also work full-time at the service station. The business has expanded gradually over the years. In addition to selling retail gasoline and related products and a fu1Z service repair shop, Grand & Smith Mobil also has a drive- through car wash and a thriving towing business. The towing business consists of six tow trucks. The business occupies a 26,000 square foot site at the southwest corner of Grand Avenue and Smith Avenue North. The entire property is paved with asphalt. At the present time, a11 the business' vehicles are parked outside on the property, along with any number of vehicles which the repair shop may be working on. This creates congestion in the parking lot for retail customers of the station. Additional area is needed for the storage of vehicles. Ms. Salmonsen has entered into pnrchase agreements with WiZliam and �faureen Dunnigan and Serome Lacroix for the purchase of 365-367 Smith Avenue North and 371 Smith Avenue North, respectively. Both of these properties presently have multi-family housing units on them. 365-367 Smith Avenue North has a victorian era four-plex which is presently rented to residential tenants. 371 Smith Avenue North is a duplex, one-half of which is occupied by Mr. Lacroix. The four-plex has unique architectural features and is worth preserving. Ms. Salmonsen`s plan is eventually to remove both buildings and expand the parking lot of her business to encompass the entire area. She also plans on constructing a one-story garage building, measuring 40 feet by 50 feet, for the storage and service of three flat-bed tow trucks used in the service station. For the moment, Ms. Salmonsen plans to remove the duplex property at 371 Grand Avenue and build a garage building at the rear vF that lot. The i . . STATEMENT IN SUPPORT OF REZONING APPLICATION aa _�� Erna Salmonsen has operated Grand & Smith Mobil as a sole pro- prietorship at 236 Grand Avenue in St. Paul since 1984. Her sons, Wes and Dave, also work full-time at the service station. The business has expanded gradually over ttie yeara. In addition to salling retail gasoline and related products and a full service repair shop, Grand b Smith Mobil also has a drive- through car wash and a thriving towing business. The towing business consists of six tow trucks. The business occupies a 26,000 square foot site at the southwest corner of Grand Avenue and Smith Avenue North. The entire property is paved with asphalt. At the present time, all the business' vehicles are parked outside on the property, along with any number of vehicles which the repair shop may be working on. This creates congestion in the parking lot for retail customers of the station. Additional area is needed for the seorage of vehicles. Ms. Salmonsen has entered into purchase agreements with William and riaureen Dunnigan and Jerome Lacroix for the purchase of 365-367 Smith Avenue North and 371 Smith Avenue North, respectively. Both of these properties presently have multi-family housing units on them. 365-367 Smith Avenue North has a victorian era four-plex which is presently rented to residential Cenants. 371 Smith Avenue North is a duplex, one-half of which is occupled by Mr. Lacroix. The four-plex has unique architectural features and is worth preserving. Ms. Salmonsen's plan is eventually to remove both buildings and expand the parking lot of her business to encompass the entire area. She also plans on constructing a one-story garage building, measuring 40 fee[ by 50 feet, for the storage and service of three flat-bed tow trucks used in the service station. For the moment, Ms. Salmonsen plans to remove the duplex property J at 371 Grand Avenue and build a garage building at the rear of that lot. The � a p -��.� four-plex will remain until it can be relocated to a suitable lot. In the • meantime, Pis. 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' w u 4 �.1�Q �¢¢.. 4 O �' v � . . , . �, O ( ' lol�l0{0 3 - '� ,,.-- C�/� 01 �- / . �r�icF,raT�-G�CrA��!!'��nl. /_ �kar�e ��1�� °OSE �efln�• ��M� �� It� �� zoningdistrictboundary ;, —_� � O DA7E � SUbjCCI proP��Y NG.DIST._�___ MAP;i �y L.^�_ o onetamify ,,��, � t�vo family ;f,LE 1" = 400' � � Q multiple family �-�: r,:_- � n•C onh�'• • a n comm�;c�ai ♦ ..... indus!�iai V v2cant ..� May 19,1995 Kady Dadiez Saint Paul Planning Commission 2a W Fourth Street 1100 City Hall Anne: Saint Paul, Minnesora 55102 Dear Kady Dadlez, � S r ( � g �� a RECEIVED MAY 2 � i998 ZONlNG SLIBJECT:XX.X WIGGTNS ROAD (LOT 5, BLOCK 1; WILLENBRI�iG \X'OOD ADDITTOtiT My wife and T aze opposed to the lot split. We purchased our home &om the builder, Donald Willenbring, who is the indicidual asking for the split. One of 5he reasons we purchased the home was because of the 2.2-acce lot in question. It adjoins our property and ihe large lot obviously adds to the value of our homa A spLt may decrease our home's appeal to any furure buqers. Mc. Wdlenbring told us before we purchased the home that he had tried to sptit the 1ot and that the split was denied. That denial, combined with the handout he used in mazketing the lots (copy enclosed) and the sign ihat stood on the property unn] about two weeks ago (picture taken in March,1998 enclosed), gave us £urther assurance that no change would probably occur. S� e ly, Alan Elliott Enclosures (2) � � � b z �� < � � ; �, � � .� d �� tA �j �i= � "z � �Y °°� b $ ;�yb w °� oz O � M oOe//� Q � .� s � - W o� _ o, a N Q m ..� ~ u, N £ N o N y o � � a 0 � � � �� y l - "�� od� z v�� 595 MGKNLGHT ROAD SOUTH SAIhT PAUL, MINNESOT3 i5119 To tisten to more inTo aboat thfs properh Gatt TT7-ii0ht� and enter Pl$ IDx 92t9 St. Pau! .. ;;� -:�>� a-<. ��s '�-". .�=�,:,.; y.y''-aE-'w. _ - . . _ :?� :- �`+` -_ �_�i . -'�� F�,- � : x� . I� — � _ '�.; �. , 1 1' �_ — � i ��' �j�l �rM�if.�� • Princeton Dak 7rim �-=-- Throughout � • 7 258 84. Ft • 2 Bedraom • 2 Bath • Master w/ Wa1k-ie Closet • Sunken tivinp Roam • Hip Vault Ceitings - Living,/Kltchen • Ges Fireplaae • fi Paael 0oon • Cenfra! Air/Roughed In Vacuuro • RoaQhed In Bnseme� $f (f3,500 B�e Pe�� .�,��ompiete Au$. 81 sadu�a¢ ra $153,950 _ --�. _ _ .--•--- • 8 Bedraam - Q BethlMester Bath � iaundry/Mud Room • Spzctaus Ntfchen(Pantry/Breslcisst Bar • Bayed Din(n� Area w/ Door to Backyard � Vauttad Urin¢/Kitchen/Dining • Ceramic Tqe Foyer • 2 x 4 Studs & inaulated Raaement Walls • Central Air/RoaQhed In Vacuum - Keyetone Terrace Walls • 8erber Carpet & Mannirtgtoa �ioorin$ �7 06 �ZOO 8ase PrFce �147�g�J0 w/ lot Family Owned Business - A Trae Cusenm Builder Ure Our Fiovr Ptrrns O� Use Your ldeas To Create Plr�ns Crearive Firrancing PacL•ages Avar1n61el5weat Equity – Cash Towards Down Payrrsent For More Inlormatian, Call f78-fi370 • Lacated Irt beautHul Hi$h�wad Additbn • Neariiy wooded with wfilte & rod oaita • d-1 j3 aare lota • t-2.2 acre lat wttlt private tlriv� • Atl utUkfes �n • dreat aceess fo highways •a�toaM � On bus route lots start at �29,90D Llc. #20U787S e SxD �� 4 23KFEb �e! 1- SSS.epO i0; 3• S35.i00 c�z-su.sac ia�.a-F+e.sa a � � ti = � vl 2 �`� � �: - J :a L'�� V ) � a � .'tr.� To listen to more Ittto about thls property Caif 7T7•NOME and enter PL$ !Q# 72t8 St. Paut :.: �`� . -t�T'_�;`:. � . ' �.,,s'^t_ -:�:_ _: _ :;,;_._ - _-- - - i - .._...•^ ;1�i �� .�.I� � �a � w ti � .� �. .� � � �. �e.e.�«,�„ k — �. , • Princeton Dak Trim �-. 7hroughout .�� • 1268 Sq. Ft. • 2 Bedraom � 2 Hath • Master wJ Watk-In Gocet • Sunken Llvtn� Room � Nip Vault Ceilinps • Living/Kftchen � �es Firepfaoe • 8 Panei boora ' • Centrai Alr)Rou$hed )n Vacuum • Rou�hed In Basement � 1 U3,5U0 B�e P��e � Compiete Au�, 3i Reduced To $153,950 ..�.o..a.o,,.� �:�. ,:-N. a� . "� _�� w.�. • 1322 8q. ft. Ramblar �--� �-i— • 3 Bedroam • 4 Beth/Maeter Bath • Laundry/Mud Room • Spadous Kitchen/Pantry/Breakfast Bar � 9ayed Wnin� Area wJ �oor to Backyiu'd • Vauitetl Lirin�(/Kltchen/Oinia$ • Ceramic TUa Foyer • 2 x 4 Studa & Insulatad Basement We!!s • Centrnl Air/ROUQhed in Vacuum ' • Keyainne Terrace WNIs • 8erber Carpat & Mann�ngtoa Floorin$ � "J 06,200 s�a �� $147,850 w� �oc Fan:ily Owned $usiness -.4 True Custom Builder Use Our Floor Plans Or Use Your ldeus T'o Cteate Plans Creative Financing Patkages Availn6leJSweat F.quily - Cash Towards Down Payment For More In/ormation, Call 378-d370 • tacated In qeautftui Hi$fswood Mdk4ai • Heavily wooded with whlte & red oakn - d•1/3 aare lota • 1-�.2 acre iot wfth private tlrlve • Ail ut0ltiea in • 6rea1 ar,�,eas to highways • C�088 YO �M • on bus roule Lots start at �29,�Q0 uo. u2ooys�s vat 6RINa WOOtlS A0�ln�N r.�a \. 167 — , �40]04.M1'l] b .smc.a n.va e + S�tO 23�CFE8 J '6 WOq R VJ � 6 vooe� roq e 2az• �� Lalaifus Ldt-SSSa00 Lo:] tel2•591.Bp0 ln�� 0 � 15' ti = � N a �%: �J c � ! !\ v� "- �� May-27-98 09:38A CityView Financial 6127300675 P.02 May 26, t998 Kathy Lantry St. Paul City Counci[ ] 5 West Kellogg Boutevard St. Paul, Minnesota 55102 RECEiVED MAY 2 '� 1998 ZONING RE: Hearing of Donatd Wifienhring's request to City Council concerning Lot 5, Block 1; Witienbring Woods Addition. To change Planning Commissioner's decis+on to grant Arnotd Fritsl,e's appeal to ovcrrule Planning Administsator's decision to approve a lot split at abovc mention locati�n. Dcar Ms. Lantry, � �� `a a ln reference to the above mentioned hearing being held at Council Chambers on Wednesday May 27, 1998, please accept this letter with expianations as my request tc� the St. Paul City Council to support and uphoid the decision of [he Planning Commissioner's dec�sion to erant the Fritshe appeai. 1 have been a resident in St. Paul all my fifc, residing at my current location since July 1983. St. Paul is a great place to Iivc for several reasons. f�irst and foremost on my mind is the fairncss that City Councii showed two years ago whcn they approved the Willenbring Woods Addition for six lots only, Therc were several hearings that C attended. Finally, it was supposed to be over w'sth Willenbrin�;'s acceptance of six lots only. Several rcasons for the original deeision can be cummazized bele�w: • Highwood Ylan, ensuring that new developments are not inconsistent with thc maintenance of our natural environment. • Safety and Emcrgency Vehicle Access, ensuring the populaiion density and street servicc is conducive with future development . Trees, Slopes and Wetlands Endangerment, ensuring that minimal constructicm on this site will protect our natural environment thus protecting and preserving our trees, w•etlands and water runotFissues. As yc�u have already realized, a iot of work and effott wds spent to come up with a compromise that would be accep�able to aIl parties. Mr. Wiilenbring agceed to this two years ago, whon the St. Paul City Council wisely came up with its original decision. (1) iy-27�-98 09:38A CityView Financiai 61273Q0675 P_03 y Please deny Mr. Wil(enbring's appeal and his desire to change the rutes in the middlc of thc ptocess and support ihe intent ofa)! the parties concerned in the original agrccment. Sinccrety, ��. <�� Steven P, Barticy {�e.CJU��-- Q1-,.� e�0�� Deborxh Ann Bartley � � Steven & neborah Bantey 601 Wig„gins Road St. Paui, MN. 55119 (612) 738-5938 �Z) fay-27�98 09:38A CityView Financial 6127300675 Please deny Mr. Wil(enbring's appeal and his desus to change the rules in the middlo of thc process and support the intent of afl the parties concerned in the originai agrccmeni. Sinccrcly, ��. i3� Steven P, tiart(cy {.�e_�J d��-- U 1-�.. Deborah Ann Bartley � o..7F-��., Steven & Deborah Bartley 601 Wiggins Road St, Paut, MN. 55119 (612)738-5938 �2) P 03 Q Y,�`'� May^27=98 09:38A CityView Financial 5/�� I�'I .�� ,, I �, � 6127300675 CityYiew Financial & Actonnting Service, Inc. 617 Wiagia7 Rosd St. Paui, A�inntsota 55119 'ieltphone (612) ?30-0675 Facsimile (612) 730-6f� � 6'�5 Aate To: COMPANY Fax Number �� -�' � ` � . c�� aa8 - 3314 �b - 6 s�'� Fax Cover Sheet Teiephone Number. a ' Number of gages foilowing cover sheei. '3 F1om: Dab Lindsted t ( HoM ��' 7 3'v - O b b°� � o r"`- , _ ,. �--c�, a� �-�v � �. � W , ��v� , ,,,�,...�. . � � �-A—� �� ^-�-�— � t1�-�- � �--��. c�-� • e /�J-/hp�,�3C� s�.�.�-�-� �,�/ V .�.� � �� i��o �-'s�. �.- P.Ol $,�� . �� '-' . , �� J�4. �� ,.�- � _ , ��. � �;��...�. -�.�. �=-��.�.�2,-._.� /� ,' Q ; ,O-._L �...9-c3'� �-�* .� �—�,�.:. � . y "` �' ' � GMAE MINZSTRIES 6128665990 P-91 , 4 g ,,� ` `.1 � May 27, 1498 TO: M'iss Nan�y Andersoa, Se�t'etazy fot the City Council Fax - 228-3314 FR.OM: Palzner Xngsdal 605 Wigg'nss Road St. Paul, MId 55119 MEETING: St kaul City Council Hearing Wednesday, May 27, 1998, 5.30 p.m. Zoning file number: 98-138 SLJBJECT: Lot split x�c Wiggins Road Lot 5, Block 1, Willenbring Wood� addition. As the hocneowner o£the fust house constructed an Wiggins Road, I want to register my opposition to granting a lot split and favor the appeal of Arnold Fxitsch. REASONS: 1. Approximately two years ago, the neighbors and Mr. W itlenbring reached a decision before the council - 61ots (Z in the woods and 4 on McKnight Road). This was approved with a large neigt�orhood representation at the Council meering. 2. The e.ntzance stze� to ttue property wae to be £or a limited design which was constructed according to the approval of item 1 above. 3. The E�'ighwood Plan, wtuch has been izt effect £or a number of years, was honored in the mutuel agreement resched two years ago: to bypass the current home consUucted in the woods with anothec driveway or street woutd necessitate a disruption of topography and the ecology of the wooded area. As T reviewed the area Iast evening, it would appear that a lazge numbec o� uees and the hillside woutd be highly disrupted in attempring to put an access way which would allow city vehicles to reach t�e kome. REQUEST: T would request that the City Council deny the Lot Split and abide by the City Council dxision reached at the meeting approxisnately two yeazs ago with the neighbozs of our commwuiy. DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMF.NT ao � C11Y �T" .7C111�11 rAvL DivisionofPlmviing � � Norm Colemnn, Mayo� 25 4Jest Faunh Street Telephane: 612-266-6565 SaintPaul,MN55Z02 FacsimiZe:612-228-33Z4 May 13, 1998 Ms. Nancy Anderson City Council Reseazch O�ce Room 310 Ciry Ha11 Saint Paul, Mimiesota 55102 Deaz Ms. Anderson: W:1.�4i � �E�:$cC�E',� ..�,=�!'ca R1AY �. � ��P I would like to confirm that a public hearing before the City Council is scheduled for Wednesday May 27, 1998 for the following zoning case: Applicant: File Number: Purpose: Address: Legal Description of Properiy: JEROME LACROIX #98-051 Rezone property from RT-2 (Townhouse Residential District) to B-3 (General Business District) for expansion of an existing auto repair and service station. 371 Smith Avenue North Lat 5, Block 3, Samuel Leech's Addition to the Town of Saint Paul Previous Action: Planning Commission Recommendation: Approval, vote: unanimous, April 24, 1948 Zoning Committee Recommendation: Appmval, vote: 7-0, April 16, 1998 My understanding is that this pub]ic hearing request will appeaz on the agenda for the May 20, 1998 City Councii meefing and that you will publish notice of the hearing in the Saint Paul Legal L,edger. Please call me at 266-6580 if you have any questions. Sincerel ��,� Beth Bartz City Planner cc: File #98-051 Paul Dubriel Pattie Kelley __ •FmsrRUnr• NOTICE OF PUBLIC SEAItWG The Saint Paul City Council will conduct a�public hearing on Wednesday, May 27. d998 ai 5:30 p.m, In the G�ty Council Chambers, Third Flooz City Hall-Court House, to consider the application of Jerome I,aCroix to rezone properry from RT-2 (lbwnhoase Residential Districtj to B-3 (Generai Business District) for espansion of an eiasting auto repair and seavice station at 371 Smith Avenue Rorth. Daied: May 13, 1998 _ � . _ - NANCYANDEILSON - _ �- v Asais4wt City Cotuicil Secretacy - " - " " (May 16. 199 a�g-��y city of saint paui �lanning commission resolution file number 98-30 C�te n aa, isss INHEREAS, jerome Lacrax and Wil(iam Dunn+gan, file #98-OSt, has applied for rezoning 365-367 and 371 North Smith from RT-2 to 8-3 under ihe provisions of Section 64.400 of the Saint Paul Legislative Code, for the purpose of expansion of an existing auto repair secvice station, legally described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul; and WHEREAS, the Zoning Committee of tne Planning Commission on 412198 and 4!1 bi98 heid a pubiic hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 643D0 of the Saint Paui Legislative Code; and WHEREAS, Saint Pau( Pfanning Commission, based on the evidence p�esented to its Zoning Committee at the public hearing as subsiantiaily reflected in the minutes, made the folfowing findings of fact: 1. Erna Salmonsen, proprietor of Grand & Smith Mobil, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-3b7 Smith Avenue • North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourpfex (365-367) to provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station, Efforts are being made to relocate The fourplex to another site. The applicant be{ieves that the additional area will relieve congestion and confusion on the s+te, provide for more orderly storage of vehicles waiting to be serviced, and aliow service trucks to be stored indoors when not in use. The applicant does not plan to expand either the service station itse(f or the number ot pumps on site. 2. Section 60.544 (78) of the Zoning Code permits automobile service facilities as permitted uses subject to specia{ conditions in the B-3 zoning district. The proposed site has the potential of meeting all of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues include buffering and setbacks as well as use of the 365-367 parcel for both residentiai and commerciai use. Therefore, the proposed site plan cannot receive administrative approval. moved by Vaught seconded by � in favor unanimous against Planning Commission Resolution, File #97-051 Page 2 4. The rezoning is consistent with Yhe Saint Paul Housing Policy for the 1990s. Policy 39 states: "Identify specific areas of incompatible Iand uses that detract from residential quality i� the ciry and seek opportunities to resolve these land use conflicts through acquisition, redevelopmeni, and support of private efforts that strengthen the edges between residentiai and other land uses." This partially residential block on Smith lies between substantia! commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of l-35E with access a short distance away on Grand Avenue and the reconsYruction of the High Bridge on Smith to the south, Smith F�as become a high traffic (8400 ADT), though narrow, street connecting these two major iraffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving this conf(ict by rezoning to a similar commercial level as Grartd and West Seventh is appropriate and provides a stronger edge to the residentiaf area to the west. 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commerciai interspersed. Grand is designated as a minor arterial sim+lar to West Seventh. The plan also states buffers should be developed where conflicts between residential and cammercial uses exis[. � 6. 7he rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of [he interstate and major expansion of United Hospital to • The northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the 3alvation Army building to the south. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficuit situation to sustain residential use on Smith Avenue. 7. The rezoning will not have an adverse impact on adjacent properties if appropriate landscaping and screening is installed on the south and west sides of any development of the property to shield the residentia( uses there. 8. The appficant submitted a sufficient petiiion of two-thirds of the property owners within one hundred (7 QO) feet of the property stating support for the rezoning (21 parcels eligible, 14 required, and 14 signed). NOW, THEREFORE, BE lT RESOLVED, by the Saint Paul Planning Commission, that the petition of JEROME LACROIX AND WILLIAM DUNNIGAN to rezone property at 365-367 and 371 Smith more particularly described as Lots 4 and 5, 81ock 3; Samuel Leech's Addition to the Town of Saint Paul from a RT-2 zoning classification to B-3 zoning classification is consistent with the Comprehensive Plan for the City; and BE IT FIJRTHER RESOLVED, that the Saint Paui Pianning Commission does hereby recommend to the Council of the City of Saint Paul that property located at 365-367 AND 377 SMITH by rezoned by RT-2 to B-3 in accordance with the petifion for rezoning on file with the Saint Paul Department of Planning and Economic Development. • � g -'1 c.�, Planning Commission Kesolution, File #97-051 Fage 2 4. The rezoning is consistent with the Saint Paul Housing Policy for the 1990s. Policy 39 states: "Identify specific areas of incompatible land uses that detract from residential quality in the city and seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private efforts that strengthen the edges between residential and other land uses." This partially residential bfock on Smith lies between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of i-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving chis conflict by rezoning to a similar commerciaf level as Grand a�d West Seventh is appropriate and provides a stronger edge to the residential area to the west. The District 9 pfan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. 7he plan also states buffers should be developed where conflicts between residential and commercial uses exist. � 6. The rezoning is consistent and compatible with the way the area has developed. Grand r ` Avenue between I-35E and West Seventh Street has seen significant commercial '�� redevelopment since the opening of the interstate and major expansion of United HoSpital to the northeast. West Seventh is also experiencing redevelopment, most notably in this area � with the reconstructio� of the Salvation Army building to the south. High traffic volumes on Smith and the smail triangular block created by the layout o( Grand, West Seventh and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on ad}'acent properties it appropriate ;, landscaping and screening is installed on the south and west sides of any development of the properry to shield the residential uses there. 8. The applicant submitted a suf(icient petition of two-thirds of the properry owners within one hundred (1001 feet of the property stating support for the rezoning (21 parcels eligible, 14 required, and 14 signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition of JEROME LACROIX AND WILLIAM DUNNIGAN to rezone property at 365-367 and 371 Smith more particularly described as Lots 4 a�d 5, Block 3; Samuel Leech's Add'+tion to the Town of Saint Paul from a RT-2 zoning classification to B-3 zoning classification is consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Paul that property located at 365-367 AND 371 SMITH by rezoned by RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Devefopment. MINUTES OF THE ZONING COMMITTEE Tfiursday, Apri{ 2, 1998 - 3:30 p.m. City Counci! Chambers, 3rd Floor • City Hali and Court House 'I5 West Keilogg Boulevard PRESENT: ABSENT: OTHERS PRESENT: Chavez, Faricy, Field, Gordon, Kramer, Vaught and Wencl Morton (excused) Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond Roger Ryan, and Jim Zdon of PED. The meeting was chaired by Commissioner Field. qg'��y Pattie Kelley, JEROME LACRO{X AND WILL{AM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to ailow expansion of an existing auto repair and service station for properties located at 365-367 and 371 N. Smith. Beth Bartz presented siides and the staff report recommending approval of the rezoning petition. She expfained this is a similar situation to a previous item pertaining to expansion of a service station and the Gommittee coufd consider similar language if they so choose. Upon questions of Commissioner Gordon, Ms. Bartz said it is her understanding the applicant is working with the District 9 Community Council on efforts to relocate the fourplex to another site. Ms. Bartz stated • the applicanYs representative indicated the applicant's desire to remove the fourplex for future parking needs, but because of its architectural character will make etforts to preserve it. Gommissioner Gordon questioned if this Committee has the authority to rezone only one of the two lots requested and to require that the fourplex be moved to the lot where the duplex is presently located as a condition. Assistant City Attorney Peter Warner stated he wouid review this for the Committee. Upon question of Commissioner Kramer, Mr. Warner explained that rezoning actions of the Zoning Committee are in the nature of a recommendation to the Pfanning Commission and City Councii. Ms. Bartz stated statf received two separate applications for the rezoning, one for the 365 & 367 Smith parcel and one for the 371 Smith parcel, and she noted for the purpose of presenting the staff report they were consolidated. Upon question of Commissioner Chavez, Ms. Bartz said the statement of support for the sezoning appfication was submitted by the appiicant. Commissioner Chavez referred to one of the rezoning consent forms that has a signature but is a bfank form, and Roger Ryan i�dicated the consent forms were received by staff in one packet. Chair Field said he does not have a copy of the actuai applications, and Ms. Bartz indicated she has them in her file. • Mike Black, attorney representing Erna Salmonsen, appeared and satd they submitted two applications at staff's recommendation and were allowed to pay only one application fee. He stated the applicants spoke with Betty Moran at the District 9 Community Council about their interest in this property and development issues, and Ms. Moran indicated her interests to save the fourplex and moving the fourpiex Zoning Committee Minufes ,4pril 2, 1998 LaCroix/Qunnigan (98-051) Page Two • to a residential !ot in keeping with the Fort Road Federation's housing policies. He said Ms. Salmonsen's business is sucfi fhat she can use both properties and has offered to purchase fhem. Mr. 8lack said this is a very active repair business, and in referring to the site plan said it was prepared wifhout input from staff on issues refating to speciaf conditions, such as the setbacks and the buffers. He said some of those issues have been pointed out to them by staff irt the process of looking at the app(icafion, and his client is willing to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been identified for relocation of the fourplex, and Mr. Black said Ms. Moran has ane in mind and iYs his undersfanding someone with an open lot in the neighborhood has been approached. Commissioner Gordon asked Mr. Black's opinion to rezoning the !oY that the fourplex now is on for business but not rezone the duplex lot which would then enable the appticant to move fhe fourplex to where fhe dupiex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the applicant is making a significant investment in acquiring this property, and would prefer the use of both lots for the service station use. Mr, Black further stated if the decision was made that she had to move the fourplex onto the duplex lot, she would have to reassess the purchase because that is really not her purpose for doing this. At the question of Commissioner Gordon, Ms. Sa(monsen indicated her commitment that the fourplex will not be destroyed or demofished and to have it moved to a lot within Yhe neighborhood. • No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition to the permiY. She stated she was approached by an employee of the Mobil Station in February and was handed a form to sign for rezoning. She noficed there were four other names on the form, and she said she told the employee ihat she would look into it further and !ef them know whether or not she would sign the form. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were all informed differently of would happen with this property. ShE said she has owrted her home since 1996, and the area is improving all the time. Ms, Brooks aiso noted fhat soon after being contacted by the Mobil Station, she was contacted by the Salvation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further referred to information she obtain through the Police Department's Office of Research and Development indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding fhis rezoning. Ms. Brooks said she believes this expansion is for the AAA business out of the Mobii Station, and although there is traffic congestion, the larger part is due to the growth of the AAA business. Ms. 8rooks submitted lefters from others who were unabfe to attend today's meeting which refer to attitudes of employees and the owner toward ihe neighbors, and she stated this is not a friendly neighborhood community caring business, and nothing wili be gained by moving the fourplex and tearing down the duplex. Upon questions of Commissioner Vaught, Ms. Brooks said when she was presenYed with the zoning consent petition and asked to sign it, she was told that the fourplex wouid remain, tfie dupiex would stay, and the parking lof woutd be put around in back of the duplex because they were unable to purchase the • fourpiex. She also reiterated that she did not sign the pet+tion, and that she does not purchase her gas from this Mobil Station. At the question of Commissioner Chavez, Ms. Brooks said the AAA portion of the business is growing, and she has seen both flat and tow trucks at this location. Zoning Committee Minutes A'pril 2, 1998 LaCro+xlDunnigan (98-051) Page Two °Ir '� �'y to a residential lot in keeping witfi the Fort Road Federation's housing policies. He said Ms. Salmonsen's business is such that she can use both properties and has offered to purchase them. Mr. Slack said this is a very active repair business, and in referring to the site pian said it was prepared without input from staff on issues relating to special conditions, such as the setbacks and the buffers. He said some of those issues have 6een pointed out to them by staff in the process of looking at the application, and his client is wi{ling to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been identified for relocation of the fourplex, and Mr. Black said Ms. Moran has one in mind and iPs his understanding someone with an open lot in the neighborhood has been approached. Commissioner Gordon asked Mr. Black's opinion to rezoning the lot that the fourplex now is on for business but not rezone the dupiex lot which would then enable the applicant to move the fourplex to where the duplex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the applicant is making a sig�ificant investment in acquiring this property, and would prefer the use of both lots for the service station use. Mr. Bfack further stated if the decision was made that she had to move the fourplex onto the dupiex lot, she would have to reassess the purchase because that is reaify not her purpose for doing this. At the question of Gommissioner Gordon, Ms. Salmonsen indicated her commitment that the fourplex wiil not be destroyed or demolished and to have it moved to a lot within the neighborhood. No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition to the permit. She stated she was approached by an employee of the Mobil Station in February and was handed a form to sign for rezoning. She noticed there were four other names on the form, and she said she told the employee that she wouid look into it further and let them know whether or not she would sign the iorm. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were aIl informed difFerently of would happen with this property. ShE said she has ow�ed her home since 1996, and the area is improving all the time. Ms. Brooks also noted that soon aRer being contacted by the Mobil Station, she was contacted by the Salvation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further referred to information she obtain through the Police DepartmenYs Oifice of Research and Development indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding this rezoning. Ms. Brooks said she befieves this expansion is for the AAA business out of the Mobil Station, and although there is tra�c congestion, the larger part is due to the growth of the AAA business. Ms. Brooks submitted fetters from others who were unable to attend today's meeting which refer to attitudes of empioyees and the owner toward the neighbors, and she stated this is not a friendly neighborhood community caring business, and nothing wi{I be gained by moving the fourplex and tearing down the duplex. ✓ Upon questions of Commissioner Vaught, Ms. Brooks said when she was presented with the zoni�g conse�t pefition and asked to sign it, she was told that the fourplex would remain, the duplex wouid stay, and the parking lot wouid be put around in back of the dupiex because they were unable to purchase the fourplex. She also reiterated that she did not sign the petition, and that she does not purchase her gas from this Mobif Station. — At the question of Commissioner Chavez, Ms. Brooks said the AAA portion of the business is growing, and she has seen hoth flat and tow trucks at this location. Zoning Committee Minutes _� �� Apr+l 2, 1998 y LaCroixlDunnigan (98-051) ad Page Three • Upon question of Commissioner Gordon, Ms. Brooks said she feels a parking lot by the Salvation Army would strongiy impact this area because, if this rezoning is approved today, the neighborhood wili then have twa pasking lots. Upon question of Commissioner Kramer, Ms. 6rooks said no attachments to the petition were presented to her, but she did receive somethfng later. She said she was not informed of what other types of businesses couid be aifowed in this faciiity, nor did she receive sections of the Zoning Code referred to in the petition. Ms. Howells, 251 Forbes, appeared and spoke in opposition stating there has never been problems in this neighborhood. At the question of Commissioner Chavez, Ms. Howelis said she feels she was tricked into signing the petition because she was told they could not buy the fourplex and that the little duplex would be torn down and made into a parking lot. Upon question of Commissioner Vaught, Ms. Howelis said the day she signed the petition she was not shown anything other documents. No one eise appeared. Mike Bfack said he prepared a package consisting of the consent document, each of the appfications, a copy of the site pian and photocopies of the Zoning Ordinance that has permitted uses in R-3 zoning, which were ail stapled together and provided to his client to distribute. He said why these two individuals � state they were only provided the one sheet he cannot explain. However, Wes Safmonsen did some of the contact with the neighborhood and is present to speak to those two cases. Mr. Black stated there are different signature sheets because that was the way the package was organized to contact the many commercial property owners. Commissioner Kramer referred to a petition form in the packet that is blank without any information, and Mr. Black explained that is the signature page that was submitted to the Health Span Iieaith Systems. Later in the meeting, Ms. Salmonsen said she went to Health Span tieafth System and left a blank form, and at a later time took over a fufl packet. However, the person she left it with had to go out of town due to a death in the family, and the person returned the blank form rather than the completed one which had been left later. Ms. Salmonsen also stated she spoke with Mrs. Howells on the teiephone before her son went to her home and that she had explained what their plans were and asked how she felt about it. Wes Salmonsen appeared and stating he took the petition form to Ms. Howells, and that he left with her the packet provided to him by Mr. Black. Mr. Vaught expressed concern whether or not there was misrepresentation at the time these items were presented. Biil Dunnigan, 266 Mackubin, appeared and spoke specifically to the recommendation of staff that rezoning wouid be consistent with the development in the area. He stated he's owned and managed the fourplex for the past ten years as a rental structure, and iYs becoming increasingly difficult to attract good, viable tenants at this iocation. He aiso stated that although this structure does not have historical preservation • status, it was built between 1880 and 1890. No one eise appeared, and the public hearing was ciosed. Zoning Committee Minutes Aprii 2, 9998 LaCroix/Dunnigan (98-051) Page Four • Commissioner Vaught questioned the validity oflhe petition because it may not have enough signatures, and he referred to testimony of both Ms. Brooks and Ms. Howetls regarding tf�e manner in which these signatures were secured. He said he has enough concem that he is moving to lay this matter over tor two weeks for staff to recontact the people who signed the pefition and ascertain what documents they were presented with at the time they signed the form, and to make judgement whefher or nof they were obtained validly. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any problem with the people who work there. He said this business has been at this location for many years, and by making improvements to their building are a part of Yhe improvement of this neighborhood. He stated testimony he's heard Yoday causes him concern about the validity of the supporting papers, and that he wiil support the motion for e tayover for staff to verify the signed petitions, the applicant to get a resigned pefition if they so choose, resolve concerns regarding individuals who signed the petitions, and for Mr. Warner to determine whether or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he will support the motion for a layover, but he believes the burdert should not be on staff to recontact the peopie who signed the petit+on. He said although he aiso has concern who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the intent of his motion is Yhat staff would do the recontacting. He stated he is not satisfied with the job that was originaily done, and testimony presented today persuades him that � there is at ieasf an issue to the representations made on the petitions and documents. Chair Fieid said he will vote in support of the motian for a layover. He stated he's convinced that the application is incomplete, and the applicant shouid also have the opportunity to obtain new petitions. He said given the controversy regarding the signatures, he agrees thaY staff should check the petitions. Commissioner Kramer suggested this mafter be laid over until there is a complete application, and Commissioner Vaught stated he is not prepared at this point to declare #he apFlication incomplete. At the request of Commissioner Wenci, Commissioner Vaughf clarified his motion that staff will contact each of the fourteen people for verification of their signature and what they were shown when they signed, that staff wiil then submit that information to this Committee, and an explanation on how a blank petifion was submitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have pertaining to the existing petition, and Mr. Warner said Yhe law with respect to consents on rezoning petitions is somewhat unclear. He stated given the Appellanf Courts, the better thing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or application before the Committee and require the applicant to start the consent pracess all over again. However, the Committee is not prohibited from engaging in some investigation to arrive at fhat conciusion. Upon question of Commissioner Wenci, Mr, Warner said pertaining to the goal of the applicanf to rezone a property, the applicant may go out and obtain new consenfs from alI of the property owners, and alfhough tf�e people that consented the first time wouid consent the second time around, given the • testimony, maybe they won't. Mr. Warner stated that with respect to verify�rtg consent petitions, the law is clear irt Minnesota that the burden is on the Cify fo do fhaf. Zoning Committee Minutes April 2, 1998 LaCroixiDunnigan (98-Ob1) Page Four �g.�c.y Commissioner Vaught questioned the validity of the petition because it may not have enough signatures, J and he referred to testimony of both Ms. Brooks and Ms. Howelis regarding the manner in which these signatures were secured. He said he has enough concern that he is moving to lay this matter over for two weeks for staff to recontact the people who signed the petition and ascertain what documents they were presented with at the time they signed the form, and to make judgement whether or not they were obtained validly. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any probiem with the people who work there. He said this business has been at this location for many years, and by making improvements to their building are a part of the improvement of this neighborhood. He stated testimony he's heard tvday causes him concern about the validity of the supporting papers, and that he wiil support the motion for a layover for staff to verify the signed petitions, the applicant fo get a resigned petition if they so choose, resolve concerns regarding individuais who signed the petitions, and for Mr. Warner to determine wheiher or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he will support the motion for a layover, but he believes the burden should not be on staff to recontact the peopfe who signed the petition. He said although he also has concern who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the intent of his motion is that staff would do the recontacting. He stated he is not satisfied with the job that was originally done, and testimony presented today persuades him that there is at least an issue to the representations rnade on the petitions and documents. �.J Ghair Field said he will vote in support of the motion for a layover. He stated he's convinced that the application is incomplete, and the applicant should a�so have the oppoRunity to obtain new petitions. He said given the controversy regarding the signatures, he agrees that staff should check the petitions. Commissioner Kramer suggested this matter be laid over unti{ there is a compfete application, and Commissioner Vaught stated he is not prepared at this point to declare the ap�lication incomplete. At the request of Commissioner Wencl, Commissioner Vaught clarified his motion that staff wilf contact each of the fourteen peopie for verification of their signature and what they were shown when they signed, that staff will then submit that information to this Committee, and an explanation on how a blank petition was submitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have peRaining to the existing petition, and Mr. Warner said the law with respect to consents on rezoning petitions is somewhat uncfear. He stated given the Appellant Courts, the better tfiing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or application before the Committee and require the applicant to start the consent process aN over again. However, the Committee is not prohibited from engaging in some investigation to arrive at that conclusion. Upon question of Commissio�er Wencl, Mr. Warner said pertaining to the goai of the applicant to rezone a property, the applicant may go out and obtain new consents from all of the property owners, and although the people that consented the first time would consent the second time around, given the J testimony, maybe they won't. Mr. Warner stated that with respect to verifying consent petitions, the law is clear in Minnesota that the burden is on the City to do that. Zoning Committee Minutes �� -� `� April 2, 1998 LaCroixlDunnigan (98-051) Page Five • Commissioner Faricy called for the question, and it was seconded. Roli cail to ciose discussion. Adopted Yeas - 7 Nays - 0 Rol! cali on the motion for a two week layover. Adopted Yeas - 5 Nays - 2(KramerNVenci) Drafted by: � Pattie Kelley Recording Secre ary • Subm� ed by: Beth Bartz Southwest Team • MfNUTES OF THE ZONING COMMfT7EE Thursday, Aprii 16, 1998 - 3:30 p.m. PRESENT: ABSENT: OTHERS PRESENT: City Council Chambers, 3rd Floor City Hati and Court House 15 West Keilogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wencl (excused) Peter Warner, Assistant City Attorney; Beth Bartz, Kady Dadlez, Donna Drummond, Pattie Kel�ey, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WlLLIAM DUNNIGAN -Zoning File 9&051 - Rezone from RT-2 to 8-3 to allow expansion of an existing auto repair and service station for properties located at 365-367 and 371 N. Smith. �� Roger Ryan presented a brief update of the Apri! 2, 1998 Zoning Committee meeting where staff was directed to contact people who had signed the petition to verify that they understood what they had signed. He stated he has spoken to a(I of tt�e people who signed the petition, and the results of those conversations are outlined in a memo to the Committee dated April 13, 1998. Mr. Ryan referred to a second memo dated April 16, 1998, which explains that three i�vatid signatures had been resubmitted and • are now valid. Mr. Ryan said there are 24 properties within the 150 feet requirement, that fourteen signatures are required, and the appficant has sixteen vafid signatures. Mike Black, 265 W. 7th Street, appeared and upon his question, Mr. Ryan confirmed that the applicant does have the required signatures. Upon question of Commissioner Gordon, Mr, Biack stated that the applicant will relocate the fourplex in the neighborhood. No one else appeared, and the public hearing was closed. Commissioner Gordon moved approvai of the staff recommendation, and the motion was seconded by Commissioner Chavez. There was no discussion, and roil cail was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Keiley Recording Secretary Submitted by: Rog yan Southeast Tea Approved by: �� Mark Vaught Acting Chair � MINUTES OF THE ZONiNG COMMITTEE Thursday, April 16, 1998 - 3:30 p.m. PRESENT: ABSENT; City Council Chambers, 3rd Floor City Hali and Court House 15 West Kellogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wencl (excused) OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Kady Dadlez, Donna Drummond, PRESENT: Pattie Kelley, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WILLIAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and service station for properties located at 365-367 and 371 N. Smith. ✓ Roger Ryan presented a brief update of the April 2, 1998 Zoning Committee meeting where staff was directed to contact peopfe who fiad signed tfie petition to verify that they understood what they had signed. He stated he has spoken to afi of the people who signed the petition, and the results ofi those conversations are outlined in a memo to the Committee dated April 13, 1998. Mr. Ryan referred to a second memo dated April 16, 1998, which explains that three invalid signatures had been resubmitted and are now valid. Mr, Ryan said there are 21 properties within the 150 feet requirement, that fourteen � signatures are required, and the applicant has sixteen valid signatures. Mike Black, 265 W. 7th Street, appeared and upon his question, Mr. Ryan confirmed that the appiicant does have the sequired signatures. Upon question of Commissioner Gordon, Mr. Biack stated that the applicant will relocate the fourplex in the neighborhood. No one else appeared, and the public hearing was closed. Commissioner Gordon moved approval of the staff recommendation, and the motion was seconded by Commissioner Ghavez. There was no discussion, and rofl call was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Kelley Recording Secretary Submitted by: Approved by: �''� �y� �/ / _ Rog yan _ Mark ught Southeast Tea Act+�g Chair �►$ '� �� • Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard �Vest A meeting of the Pianning Commission of the Ciry of Saint Paul was held Fnday, April 24, 1998, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Maddox, Morton, Nordin, Treichel, and Present: Wencl and Messrs. Chavez,. Field Jr., Gervais, Gordon, Kong, Kramer, Mardell, McDonell, I�3owlin, and Vaught. Commissioners Messrs. *Johnson and Sharpe Absent: *Excused • Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Kady Dadlez, Donna Drummond, Nancy Homans, and Larry Soderholm, Department of Planning and £conomic Development staff. I. Approval of Minutes of April 10, 1997 bTOTiON: Commissio�:er McDortell moved approval of the n+in:�tes ofApril I0, I998; Coraniissioaer Field secor:ded ihe motion. II. III. • Commissioner Field asked that the minutes be amended to include the words "the applicant said thaY' before the words "they ao eed to" in line two on page six. Staff agreed to add those words. TITe n:otion to approve the mnended n:iuutes of,4pri110, 1998 carried ui:axinaoarsly on a voice vote. Chair's Announcements Chair Morcon announced that a letter is going out to the district councils informing them about the Planning Commission quadrant liaisons. Planning Administrator's Announcements NIr. Ford reported that he and some Planning Commission membns heard Jeremy Riflcen, economist, at this past week's "Cities at Work" Forum. He reminded Commissioners about the forum coming up on housing next Tuesday evening, April 28, at 5:30 p.m., at Jehovah Lutheran Church on Thomas and Snelling Avenue. You may call to make a reservation for • supper; there will be no cost. Tom Fulton, Family Housing Fund and Gloria Bostrom, Fannie Mae, will be making presentations about the housing market and the potential for housing in the area. A panel of reactors will include Ray Harris, a deveioper; Don Gotdschmidt, director of Frogtown Community Development Corporation; Nancy Homans, PED planner; and Ierry Blakey, Saint Paul Councilmember. The Millard Fillmore Conference will be held May 18. A dinner will be held in the evening, an annual celebration of what's going on for revitalization of the Saint Paul Riverfront and do�mtown. At the same time, the Saint Paul Riverfront Corporation is sponsoring an all day conference focusing on river related redevelopment. He noted that it would be very • worthwhile to have some Planning Commissioners attend the conference. Registration fee is $50; the Commissioner wil] cover the cost for Commissioners able to attend. Brochures are avaitable. IV. Zoning Committee Commissioner Vaught provided the committee report. �,{_77� Alter Tradin;S'�rnoratinn - Conclude special condition use permit process for a large metal shredder at 801 Barge Channel Road. (I:ady Dadlez, 266-6574) MOTIO\: Conen:issioner Vauglet moved de�:ial of tl:e requested specia! coi:ditio�i ttse permit to allorv a large rnetal shredder ar 801 Barge Channel Road. Commissioner Chavez noted that he wou[d not support the motion. Commissioner Gordon stated thai although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Coccncil voted to prohibit large metal shredders in the City of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gocdon's. The motion on tlre floor to deny the requested speci¢I conditin�a use permit to allvw a large . nteta[ shredder at 801 Barge Chaiusel Road carried on a voice vote of 16 - I(CFsavez). �Q$_QjyJ�rome?.3 C'roiY ! W'�am Dunnisan - Rezone properiy from RT-2 (residential} to B-3 (generai business) to atlow expansion of an existing auto repair and service station at 365- 367, 371 Smith North. (Beth Bartz, 266-6580) AIOTTO\: Corr:missioner Yaug/tt n:oved approval of the requested reZO�ting ofproperty from RT-2 (residentia[) to B-3 (general business) to allorv erpassion of an existing auto repair and service siation at 365, 367, 371 Smi[h Nortla. Commissioner Gordon wanted the record to show that one of the buildings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condirion and also is considered to be of historic value. Ae commented that he and other committee members were concerned about what wouid hagpen to those two properties, especially the 4- piex in connection with maintaining tow and moderate income housing in thai neighborhood. The Committee received a representation from the applicant that the 4-plex wouTd be relocated elsewhere in the neighborhood; it would not be destroyed. The duplex may well be destroyed. The n:otion on the floor carried unanimously on a voice vote. �Q$ Aahih Amini - Detecmination of similar use that an art gallery is similar to other B-1 uses at 244 Albert. (Beth Bartz, 266-6580) ��10N: Commissio�aer Vaught moved approval of tke requested deter�:�ination of similar • use, witli conditions, tl�at an aH gallery is similar to otker B-I uses at 244 Albert carreed unanineously on a voice vote. a8 •'��°y downto�vn. At the same time, the Saint Pau3 Riverfront Corporation is sponsoring an all day conference focusing on river related redevelopment. He noted that it would be very worthwhile to have some Planning Commissioners atiend the conference. Registration fee is —� $50; the Commissioner wi11 cover the cost for Commissioners able to attend. Srochures are available. IV. Zoning Committee Commissioner Vaught provided the committee report. #95-170 Alt�r Tradin�org^ratinn - Conclude speciai condition use permit process for a large metal shredder at 801 Barge Channe] Road: (Kady Dadlez, 266-6574) 1140TjQN: Co++urtissiorter Vai�gl�t :uoved der+ial of lhe re7uesled special coitditiat use pennit to aliow a large �tietal shredder at 80I Barge Chmittei Road. Commissioner Chavez noted that he would not support the motion. Commissioner Gordon stated that although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Council voted to prohibit large metal shredders in the City of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gordon's. Tke rrto[ion on d:e Jloor !o de�:y tlee requested specra! cardi�ion rrse perneil to alloiv a large meta! sl�redder at 801 Barge C/tarute! Road carried on a voice vote of 16 -1 (Ckavez)• �-'' -051 .Ter9mel,a_Croir ! Williaml2��nigan - Rezone property from RT-2 (residential) to B-3 (general business) to allow expansion of an existing auto repair and service station at 365- 367, 371 Smith North. (Beth Bartz, 266-6580) 1�10Ti0\: Con�utissioner Varrgkt nioved approva( ojtlee requested rezor�i�ig of property frorri RT-2 (resideritial) to B-3 {geueral busi�tess) to alloiv expa�:sion af an existir:g attto repnir a�:d service staiio�e at 365, 367, 371 Sneidi Nortl�. Commissioner Gordon wanted the record to show that one of the buiidings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condition and also is considered to be of historic value. He commented that he and other committee members were concemed about what would happen to those two properties, especially the 4- plex in connection �vith maintaining low and moderate income housing in that neighborhood. The Committee received a representation from the applicant that the 4-plex would be relocated elsewhere in the neighborhood; it would not be destroyed. The duplex may well be deshoyed. The motio�: o�: tlee floor carried �uiaaimously oia a voice vote. �9$OSZAabih Ami¢i - Determination of similar use that an art gallery is similar to other B-I uses at 244 ASbert. (Beth Bartz, 266-6580) MOT10N: Co�nmissioner Vaught moved approval of t7�e requested detenninatioii of similar use, wit/t conditions, tha[ an ar1 gallery is sin:ilar ta other B-I uses ar 244 Albert carried `,/ ur�animous[y on a voice vote. � � -� �y • ZONING COMMITTEE STAFf REPORT FILE # 98-051 1. APPLICANT: )EROME LACROIX AND WILLIAM DUNNIGAN III DATE OF 4iEARIMG: 04/02/98 2. CIASSIFICATION: Rezoning 3. LOCATION: 365-367 and 371 North Smith 4. PLANNING DISTRICT: 9 5. LEGAL DESCRIPTfON: Lots 4 and 5, Block 3; Samuel Leech's Addition to the 7own of Saint Paul 6. PRESENT ZONING: RT-t ZONING CODE REFERENCE: §64.40� 7. STAFF iNVE5TIGATION AND REPORT: pA7E: March 23, 1998 BY: Beth Bartz 8. DATE RECEIVED:03102l98 DEADLINE FOR ACTION: OS/01/98 A. PURPOSE: Rezone the properties from RT-2 to B-3 to allow expansion of an existing auto repair and service station. B. PARCEL SIZE: Each of the parcels is 50.84 feet wide and 173.4 feet deep (or a total area of 17,631 • square feet. C. EXISTING LAND USE: There is a four-plex residential structure at 365-367 N. Smith and a duplex at 3J1 N. Smith. D. SURROUND�NG LAND USE: North: An existing auto repair and service station in a B-3 district. East: Single family and duplex structures in an RT-2 district. South: Single family and duplex structures in an RT-2 district. West: Single family and duplex structures in an RT-2 district. E. ZONING CODE CITATION: Section 64.400(a? states in paR that "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review distrid boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of The area of the property to be rezoned." F. HISTORY/DISCUSSION: There is no previous history on these parcels. � G. DISTRfCT COUNCIL RECOMMENDATION: District 9's meeting schedule will not allow them to take an official position on this rezoning prior to the Aprii 2 public hearing. Zoning File #98-051 Page 2 H. FINDINGS: Erna Salmonsen, proprietor of Grand & Smith Mobii, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex (365-367) to provide additio�al parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applicant believes that the additional area wi!! relieve congestion and confusion on the site, provide for more orderly storage of vehicles waiting to be serviced, and allow service trucks to be stored indoors when not fn use. The app(icant does not p(an to expand either the service station itself or the number of pumps on site. 2. Section 60.544 (t8) of the Zoning Code permifs automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeTing all of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. 3. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues indude buffering and setbacks as well as use of the 365-367 parcel tor both residential and commercial use. Therefore, the proposed sfte plan cannot receive administrative approval. C� 4. The rezoning is consistent with the Saint Pau! Housirtg Policy for the 1990s. Policy 39 states: • "Identify specific areas of incompatible iand uses that detrad from residentiai quality in the city and seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private eftorts that strengthen the edges between residential and other la�d uses." This partially residential block on Smith lies behveen substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of I-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street conneding these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirab(e residential area. Resolving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west, 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residential and commercial uses exist. 6. The rezoning is consisrent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expansion of United Hospital to the northeast. West Seventh is also experienci�g redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the south. High traffic volumes on Smith and tfie small triangular block created by the layout of Grand, West Seventh and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on adjacent properties if appropriate landscaping and screening is-installed on the south and west sides of any development of the property to shield the � residential uses there. �� ``� Zoning File #98-051 Page 2 ✓ H. FINDINGS: Ema Salmonsen, proprietor of Grand & Smith Mobi�, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex (365-367) to provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are bei�g made to relocate the fourplex to another site. The applicant belieyes that the additional area will relieve congestion and confusion on the site, provide for more orderly storage of vehicles waiti�g to be serviced, and allow service trucks to be stored indoors when not in use. The applicant does not plan to expand either the service station itself or the number of pumps on site. 2. Section 60.544 (18) of the Zoning Code permits automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potentia! of meeting all of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside srorage. 3. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues indude buffering and setbacks as well as use of the 365-367 parcel for boih residential and commercial use. Therefore, the proposed site plan cannot receive administretive approva4. 4. The rezoning is consistent with the Saint Paul Housing Policy for the 1990s. Policy 39 states: "�dentify specific areas of incompatible land uses that detract from residential quality in the city and � seek opportuni[ies to resolve these land use conflicts through acquisition, redevefopment, and support of private efforts that strengthen the edges between residential and other land uses ° This par(ially residential block on Smith lies between substantia{ commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of {-35f with access a short distance away on Grand Avenue and the re�onstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving this conflict by rezoning to a similar commercial ievel as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west. 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residential and commercial uses exist. 6. The rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expansion of U�ited Hospital to the northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the soufh. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficul[ situation to sustain residential use on Smith Avenue. The rezoning will not fiave an adverse impact on adjacent properties if appropriate landstaping and screening is installed on the soutfi and west sides of any development of tfie property to shield the residentia{ uses there. J % PETITION TO AMEND THE ZONING CODE Departmeni of Planning and Economic Development Zoning Section Il D� City� Hall Anner 25 Wesr Fourth Srreer Saini Paul, MA' S5102 266-6589 APPLICANT PROPERTY LOCATION �� a�� : �� - �.� ' ,�, i �' ': Cify st. Paul gt MN Zjp 55102 Daytime phone Contact person (if different) Erna Saimonsen 222-2993 Address/Location 365 - 367 Smich Ave. Norch Legaldescription Lot 4, Block 3, Samuel Leech's Addition to the Town of St. Paul (attach additional sheet if necessary) � TO THE HONORABLE MAYOR AND CITY COUNCIL: • Pursuant to Section 64.40D of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, william J. Dunnigan zIZ , the owner of alI the land proposed for rezoning, hereby petitions you to rezone the abovs described property from a x'r-2 zoning district to a B-3 zoning district, for the purpose of: Removing the existing du��ex, building a 40 x 50 foot garage for the storage and service of � trucks, and using the remaining area for parking. The nroperty is being acquired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobi1, located at 236 Grand Avenue. (aftach additional sheet(s) if necessapy) Attachments: Required site plan IJ� Subscribed and sworn to before me this /p�` day of �✓r /' , 19� X GfJ�,�,� �(d�_�,� By x �LQ ticl�e<� �� vr��. ._ Fee owner of property Titie: Page 1 of �_ Notary Public >� A4ICHAELG.BIACK „� "j �i NOTARY Pl1u�IC • M4hNESQTA �`-'`' f,yConmusstonEzpires.W+�� Consent petition L�1 Affidavit � • o �g.�c.y • Zoning File #98-051 Page 3 8. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet ot the property stating support for the rezoning (21 parcels eligible, 14 required, and 14 signed). STAFF RECOMMENDATION: Based on findings 1 througf� 2 and 4 through 7, staff recommends approval of the rezoning petition. � U C� / SAfNi i .,,�� I� '11A11A � PET(TtON TO AMEND THE ZONING CODE Departmenr of Pfanning and Economic Development Zoning Sectiorr II00 City Hal! Annex 25 West FourOr Street Saint Paul, MN SSIO2 2b6-6589 APPLICANT City St. Paui gt MN Zj 55102 Daytime phone Contact person {if different} Erna Salmonsen 222-2993 P�Ope(ty OWnef William J. Dunnigan III / Erna Salmonsen AddreSS 266 Mackubin Avenue PROPERTY Address/Location 365 - 367 Smith Ave. North LOCATION g p Lot k , Le ai descri tion , Block 3 Samuel Leech's Addition to the Town of St. Paul_ (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND CiTY COUNCIL: � Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, William J. Dunnigan III , ihe owner of alf the land proposed for rezoning, hereby petitions you to rezone the above described property from a xT-2 zoning district to a B-3 zoning district, fior the purpose of: � Removing the existing du��ex, building a 40 x 50 foot garage for the storage and service of �:3o trucks, and using the remain3ng area for parking. The nroperty is being acquired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 236 Grand Avenue. (attach additional sheef(s) if necessa ) ,_,.,/ � Attachments: Required site pian � Consent petition t� Affidavit Subscribed and sworn to X � before me this � day B �c� (� Q�,,, -',_ of l� y� /� , � g� Fee owner of property Title: Notary Public s .�••---_.____ g,.;=;.•-, A4ICHAELC.BLACK � �'"' �' NOTARY PUGLiC - MIA'NES07A _... � M • k V VN^. Page 1 of 1� a�-?�`f � � PE'�ITION TO AMEND TIiE ZONING CODE •� Department of Planning and Economic Dwelopment Zoning Section IZ00 City Hal! Annex 25 West Fourth Street Saint Paul, MN SSIO2 266-6589 APPUCANT PROPERTY LOCATION r.sl • TO THE HONORABLE MAYOR AND ClTY COUNCtL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, .rerome 5. Lacroix , the owner of all the fand proposed for rezoning, hereby petitions you to rezone the above described property from a RT-2 zoning district to a$ zoning district, for the purpose of: Removing the existing duplex, building a 40 x 50 foot garage for the storage and service of tow trucks, and using the remaining area for parking. The pro- perty is 6eing acquired by E-na Salmonsen, who intends to add it, along with the property at 365 - 367 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 326 Grand Avenue. � (attach additiona/ sheet(s) if necessa ) _/ �/ Attachments: Required site pian � Consent petition !� Affdavit Ld' Subscribed and sworn t� before me this � day of __Z��i��, '19�� otary Public °��"��y Property Owner.rerome S. Lacroix(Erna Salmonsen A/'IfIfPRS 371 Smith Avenue North City St. Paul St. MlvZip 55102 Daytime phone �22-2993 Contact person (if different) Erna Saimonsen 222-2993 Address/Location 371 smith Avenue Norch Legal deSC�ipti0n Lot 5, Block 3, Samuel Leech's Addition to the Town of St. Paul (attach addrtrona/ sheet if za��$ �� , ��e �a �� Fse �°�.- S -�: �Stf�S'f1Y � fl#'ICj t'�� „ 2 � ,� Titie: .v::.PN�:. : .b . .4^.r\h a�t:�. _ �..b:`. .: �, J06.'rJ A. PROiCO? � � R �Q7p � ._� RA?.'SEyCOUN7Y �'/ Cc.r.�!w'on "cxp:; es Jati 3t, Y_� S i-r.v � .n^ r��r.w:.n , •.t�.�.v��nti^rrr:,w . Page,�of r7 ��c��D C�o Black ��C� ��C�C� b�C�o.l February 19, 1998 Ms. Kady A. Dadlez St. Pau2 Departmeat 25 West 4th Street St. Paul, Minnesota Suite 201 265 W. 7th St. (Fort Road) St. Paul, Minnesota 55102 (612) 222-2587 FAX: (612) 222-2589 HAND DELIVERED of Planning & Economic Development 55102 Re: Re�oning Application for property at 365-367 and 371 Smith Avenue North Dear Ms. Dadlez: I enclose with this letter the Following materials related to the rezoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunnigan for the property at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacroix for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by Yust Architectural Services, showing how the two lots will be incorporated into my client's business. The four-plex at 365-367 Smith Avenue North will remain until appro- priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed and a new garage build- ing built at the rear of that lot. A new carb cut will also be installed at 371 Smith Avenue North and the Iot will 6e paved for a parking 1ot. 4. Ten pages of consent forms signed by neighboring property owners. These consent forms cover 14 of the 2Z property owners within 100 feet of the properties, as identified in the report prepared by your office. 5. Affidavit of Petitioner signed by Jerome Lacroix. 6. Affidavit of Petitioner signed by William Dunnigan. 7. Three Affidavits of persons circulating the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, all of whom were involved in obtaining the consent signatures. � • • ��c�I��c�Il C�o Black �� Oo ff ��c� ��1 February 19, 1948 q8'-�cy su�te zol 265 W. 7th St. (Fort Aoad1 St. Paui, Minnesota 55102 (612) 222-2587 � FAX: (612) 222-2589 HAND DELIVERED Ms. Kady A. Dadlez St. Pau.� Aepartment o� Planning b Ecanomlc Aevelapment 25 West 4th Street St. Paul, Minnesota 55102 Re: Rezoning Application for property at 365-357 and 371 Smith Avenue North Dear Ms. Dadlez: I enclose with this letter the following materials related to the rezoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunni�an for the property at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacroix for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by Yust Architectural Services, showing how the two lots will be incorporated into my client's business. The four-plex at 365-367 Smith Avenue North will remain until appro- priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed and a new gar�ge build- ing built at the rear of that loc. A new curb cut will also be installed at 371 Smith Avenue North and the lot will be paved for a parking lot. 4. Ten pages of consent forms signed by neighboring property owners. These consent forms cover 14 of the 21 property owners within 100 feet of the properties, as identified in the report prepared by your office. 5. Affidavit of Petitioner signed by Jerome Lacroix. 6. Affidavit of Petitioner signed by William Dunnigan. 7. Three Affidavits of gersons circulating the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, all of whom were involved in obtaining the consent signatures. � � °I�'?�y Ms. Kady A. Dadle2 Page 2 • February 19, 1998 &. A copy of my client's purchase agreement with William and Maureen Dunnigan for the property at 365-367 Smith Avenue North. 9. A copy of the purchase agreement between my client and Jerome Lacroix for the purchase of the property at 371 Smith Avenue North. 10. My client's check in the amount of $670.00 payable to the City of St. Pau1 for the zoning application fee. 11. A Statement Supporting Rezoning Application prepared by my office to support this application. Based on the schedule of ineetings which you provided to me, I understand that the cut-off date for this petition is March 2, 1998, and that notices wi11 be mailed on March 14, 1948. The application wi11 come before the zoning committee for a public hearing on April 2, 1998 and be- fore the full planning commission on April 10, 1998. You have advised me that the City Council meeting for approval of the application is usually scheduled approximately three weeks after the planning commission meeting. I also understand that my client must submit a Special Condition • Use Permit Application relating to my client's current property at 236 Grand Avenue, and that this application will be handled on a staff level. Please advise me as to the proper timing to file this application. Thank you for your assistance in this matter. Sincerely, %y'�'"�� ✓�� Michael C. Black MCB/mmb ENC: cc: Erna Salmonsen • STATEMENT IN SUPPORT OF REZONING APPLICATION Erna Salmonsen has operated Grand & Smith Mobil as a sole pro- • prietorship at 236 Grand Avenue in St. Paul since 1984. Her sons, Wes and Dave, also work full-time at the service station. The business has expanded gradually over the years. In addition to selling retail gasoline and related products and a full service repair shop, 6rand & Smith Mobil also has a drive- through car wash and a thriving towing business. The towing business consists of six tow trucks. The business occupies a 26,000 square foot site at the southwesi corner of Grand Avenue and Smith Avenue North. The entire property is paved with asphalt, At the present time, all the husiness' vehicles are parked outside on the property, along with any number of vehicles which the repair shop may be working on. This creates congestion in the parking lot for retail customers of the station. Additional area is needed for the storage of vehicles. • Ms. Salmonsen has entered into purchase agreements with William and Maureen Dunnigan and Jerome Lacroix £o'r the purchase of 365-367 Smith Avenue North and 371 Smith Avenue North, respectively. Both of these properties presentZy have multi-family housing units on them. 365-367 Smith Avenue North has a victorian era four-plex which is presently rented to residential tenants. 371 Smith Avenue North is a duplex, one-hal£ of which is occupied by Mr. Lacroix. The four-plex has unique architectural features and is worth preserving. Ms. Salmonsen`s plan is eventually to remove both buildings and expand the parking lot of her business to encompass the entire area. She also plans on constructing a one-story garage bui2ding, measuring 40 feet by 50 feet, for the storage and service of three flat-bed tow trucks used in the service station. For the moment, Ms. Salmonsen plans to remove the duplex property ae 37I Grand Avenue and build a garage building at the rear of that lot. The • m �� four—plex will remain until it can be relocated to a suitable 1ot. 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Stat. § 462.357 and Saint Paul Legislative Code § 64.400, duly petitioned the 4 City of Saint Paui to re-zone certain pazcels of property commonly known as 365-367 and 371 5 North Smith,legally described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town 6 of Saint Pau1, from RT-2 to B-3 for the purpose of pernutting reuse of the properiy to wit to 7 allow expansion of an existing auto repair and service station; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a� as 29 30 31 32 33 34 35 36 37 38 WHEREAS, the petition was certified by the Planning Division on March 2, 1998 as having been consented to by at least 2/3 of the owners of the area of the property to be r�zoned, and further having been consented to by at Ieast 67% of the owners of the properry situated with3n 100 feet of the total contiguous property within one year preceding the date of the petition; and WI�REAS, the Zoning Committee of the Saint Paul Plamiiug Commission (Commission) conducted public hearings on Apri12, 1998 and April 16, 1998 for the purpose of considering the petition and, pursuant to Saint Paul Administrative Code§ 107.03, submitted a recommendation to the Commission that the petition to re-zone be granted; and WHEREAS, the Commission considered the re-zoning petition at its meeting held on Apri124, 1998 and recommended, for the reasons stated in Commission Resolution No. 98-30, that the City Council grant the petition; and WHEREAS, a no6ce of public hearing on the said re-zoning petition before the Council of the City of Saint Paul were duly mailed to each owner of affected property and property situated wholly or partially within 350 feet of the property sought to be re-zoned and published in the official newspaper of the City on Mazch 25, 1998; and WHEREAS, the City Council has considered the matter of ihe application on May 27, 1998, June 10, 1998 and July 22, 1998, and has conducted a public hearing where all interested parties were heazd, the Council, having considered the facts and the recommendation concerning this petition, hereby makes the following findings: The District 9 P1an, which was incorporated into the City's Comprehensive Plan on March 13, 1980, states that commercial development should be encouraged along West Seventh and on Randolph east of West Seventh and that residential areas in the district should otherwise be protected from encroachment by incompatible commercial or industrial uses. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 t a�-�c��, 2. The proposed rezoning and the commercial expansion wluch will occur as a result of the re2oning will encroach upon and remove residential housing. The proposed rezoning is therefore inconsistent with the 1and use plan for District 9 which calls for the protection ofresidential areas. NOW, THEREFORE, BE IT RESOLVED, that based upon the above stated findings, the application to re-zone property commonly known as 365-367 and 371 North Smith, legally described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul, as contained in Zoning File 98-051, is in all things denied; and BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution the Zoning Administrator, the Planning Commission and to the applicants: Jerome LaCroiY and William Dunnigan. 4RIGINAL Requested by Department of: By: � _� Approved by By: Foxm Appr by City Attorney B �G��-. a'-l/- i� Approved by Mayor for Submission to Council By: Adopted by Council: Date �C\� 1@ ��\,� W Adoption Certified by Council Sec tary Gouncil Councilmember Coleman SOTAL # OF SIGNATURE PAGES GREEN SHEET oer,n,�rowECrw ��' �� No 62173 inX1aUUW arvm�nca FoR ❑ rnrwnawEr ❑ anclauc ❑ NW1CYLLiFRY1GGF9pR ❑ ALIKNLfFNVI�CLTC ❑wroRtonAwsr�xn ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Resolution finalizing City Council action taken July 22, 1998 denying the application of William Dunnigan to rezone property for expansion of an existing auto repair and service station at 365-367 and 37l Smith Avenue North. PLANNING CAMMISSION C18 COMMlTTEE CIVIL SERVICE CAMMISSION Hd•7.Zd�i7' Fiss tnis ce�soNfirm ever wronced under a conbact r« uiicc aeaenmenn VES NO tWSthie pe�soMtm ever nean a cfly emvbvee� YES NO Dces this ParsoNfirm D�asess a s16U not nartne�NP�� bY anY curtent cih emPbyee? YES NO Is Mis personfirm atarpeteavenaorr YES NO COST/REVENUE BU�QET@ (dRCLE ON� NNDING SOURCE ACTNITY NUMBER YES NO -INFNGIPIINF�RMATON (O(PWN) OFFICE OF Tf�E CITY ATTORNEY �p �1 �� Clayton M Rabinson, Jn, CiryAttorney � � CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 400 City Hall I S West Kellogg Blvd Saint Paul, Mir+nesoW 55102 Telephone: 657166-8710 Facsimile: 651298-5679 C �Is.�iv�l 3''st`��'G; .%: l.v� �',v: AUb St IZ, 199H QL� � `� �d�€� Nancy Anderson Council Secretary 310 Ciry Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Application of Jerome LaCroix and William Dunnigan Zoning File No: 98-051 City Council Action Date: 7uly 22, 1998 Dear Ms. Anderson: Attached please find a signed copy of a resolution memorializing the decision of the Saint Paul City Council to deiry the subject application to rezone property. Wou1d you please haue this resolution placed on the Council's Consent Agenda at your earliest convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, i L��rZgi� Peter� arner Assistant City Attorney PWW/rmb Enclosure cc: Councilmember Coleman DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CITY OF SAIl�1T PAUL Norrn Coleman, Mayor May 13, 1998 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: I would like to confirm that a public hearing before the City Council is scheduled for Wednesday May 27, 1998 for the following zoning case: Applicant: WILLIAM DLJNNTGAN File Number: #98-051 Purpose: Rezone property from RT-2 (Townhouse Residential Dish-ict) to B-3 (General Business District) for expansion of an existing auto repair and service station. Address: 365-367 SmithAvenueNorth Legal Description of Property: Lot 4, Block 3, Samuel Leech's Addition to the Town of Saint Paul Previous Action: Planning Commission Recommendation: Approval, vote: unanimous, Apri124, 1998 Zoning Committee Recommendation: Approval, vote: 7-0, April 16, 1998 My understanding is that this public heuing request will appear on the agenda for the May 20, 1998 City Council meeting and that you will publish notice of tl�e hearing in the Saint Paul Legal Ledger. Please call me at 266-6580 ifyou have any questions. Sincer , Beth Bartz City Planner cc: File #98-051 Paul Dubriel Pattie Kelley Divi.tton of Pbivting 25 Wes! Fourth Street Soi�a Pout, MN 55102 (q � + � G TelepFwne: 612-266-6565 Facsimite: 612-2283314 � r� � t Ga!;.�'s: r:es�w: �:: �.;� �� I�I�Y 1 � �� . •Frrzsyx�nv• xaric� oF rvarac xEEnxnv� The Saint Paul GYty Council m71 mnduct a public hearing on Wednesday, May 27, 1995 at 5:30 p.m. in the City Council Chaznbers, Third Floor City Hall-Court House, to consider the application of Williazn Dunnigan to rezone property from RT-2 lTo�✓nhouse .Residentiai Disirictj to B-S (General Business DistriM) for expansion of an exisYing auto repair and service staHOn at 365-367 Smith Avenue North. ' - Datedd May 13, 1998- . � _— _ ._ . _ _ _ 13A1dC'Y ANDERS6P - - — - - Asststant C.Yty Councit Secretary - � . - - ' - - fD7ay 16. t 988) - ��.��'� city of saint paul �planning comrnission resoiution file number 98-30 �te April 24, 1998 ��iHEREAS, Jerome Lacrax and W+Iliam Dunnigan, file #98-051, has appiied for rezoning 365-367 and 371 North Smith from RT-2 to B-3 under the provisions of Section 64.400 of the Saint Paul Legislative Code, for the purpose of expansion of an existing auto repair service station, legafly described as lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul; and WHEREAS, the Zoning Committee of the Planning Commission on 4l2/98 and 4/16198 held a pubiic hearing at �vhich alf persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paui Legisfative Code; and WHEREAS, Saint Paui P{anning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially ref4ected in the minutes, made the fo4lowing findings of fact: 1. Erna Salmonsen, proprietor of Grand & Sm+th Mobil, is the contract purchaser of both � properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; )erome lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex i365-367) to provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applicant believes that the additionaf area wili relieve congestion and confusion on the site, provide for more orderiy storage of vehicies waiting to be serviced, and aliow service trucks to be stored indoors when not in use. The applicant does not pfan to expand either the service station itself or the number of pumps on site. Section 60.54A (18) of the Zoning Code permits automobi{e service facilities as permitted uses subject to special conditions in the B-3 zoning distrid. The proposed site has the potential of meeting all of the required conditions related to minimum lat size, landscap+ng, indoor repair work, and outs+de storage. 3. The psoposed site plan does not meet the required conditions for a Special Conditional Use Perm+t. lssues inc4ude buffering and set6acks as well as use of the 365-367 parcef for both residential and commercial use. Therefore, the proposed site plan cannot receive administrative approval. moved by Vaught seconded by ' in favor Unanimous against Pianning Commission Resolution, File #97-051 Page 2 4. The rezoning is consistent with the Saint Paul Housing Polic}� for the 1990s. Policy 39 states: "ldentify specific areas ot incompatible land uses that detract from residential quality in the city and seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private efforts tl�at strengthen the edges between residential and other land uses." This partiafly residential block on Smith ties between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of I-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving this conflict by rezoning to a similar commercial Ieve! as Grand and West Seventh is appropriate and provides a stronger edge to the residentiai area to the west. 5. The Disirict 9 plan, adopted in 19&0, indicates this block is desig�ated as residentia! w/some commercial interspersed. Grand is designated as a minor arterial similar to West SevenTh. The plan also states buffers should be developed where conflicts beTween residential and commerciaf uses exist. �� 6. The rezoning is consistent and compatibie with the way the area has deve(oped. Grand Avenue between I-35E and West Seventh Street has seen significant commerciai redeve�opment since the opening of the interstate and major expansion of U�ited Hospital to � the northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the south. I-tigh traffic volumes on Smith and the small triangular block created by the layout o{ Grand, West Seventh and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning avill not have an adverse impact on adjacent properties if appropriate landscaping and screening is insta!!ed on the south and west sides of any development of the property to shield the residential uses there. 8. The appGcant submitted a sufficient petition of twathirds of the property owners within one hundred (100) feet of the property stating support for the rezoning {21 parcels efigible, 14 required, and 14 signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paui Planning Commission, that the petition of JEROME LACROIX AND WILLIAM DUNNiGAN to rezone property at 365-367 and 371 Smith more particulariy described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul from a RT-2 zoning ciassification to 6-3 zoning classification is consistent with the Comprehensive Plan for the City; and SE IT FtJRTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Pau! that property located at 365-367 AND 371 SMITH by rezoned by RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Development. . � � y Planning Commission Resolution, File #97-051 Page 2 4. The rezoning is consistent with the Saint Paul Hous+ng Policy for the 1990s. Policy 39 states: "ldentify specific areas of incompatible land uses that detract from residential quality in the city and seek opportunities to resolve these land use conflicts through aGquiSitian, fedevelopm�nt, aijc) suppert o( pr(vate e((orts that strengthen the edges between residential and other land uses." This partially reside�tial block on Smith lies between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of f-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two ma}or traffic routes. The amount of treffic and the narrowness of the street create an undesirable residential area. Resolving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west. 5. The District 9 pfan, adopted in 1980, indicates this block is designated as residentiai wisome commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residential and commercial uses exist. ,/ 6. The rezoning is consistent and compatibie with the way the area has developed. Grand Avenue between 1-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expansion of United Hospitai to the northeast. West Seventh is also experiencing redevelopme�t, most notably in this area with the recanstruction of the Salvation Army building to the south. High traffic vofumes on `J Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficuit situation to sustain residential use on Smith Avenue. 7. The rezoning will noi have an adverse impact on adjacent properties if appropriate landscaping and screening is installed on the south and west sides of any development of the property to shield the residential uses there. 8. The applicant submitted a suff+cient petition of two-thirds of the property owners evithin one hundred (100) feet of the properiy stating suppoR for the rezoning (21 parcels efigibie, 14 required, and 14 signed). NOW, THEREFORE, BE iT RESOLVED, by the Saint Paul Planning Commission, that the petition of JEROME LACROIX AND W�LLIAM DUNNIGAN to rezone property at 365-367 and 371 Smith more particularly described as Lots 4 and 5, 61ock 3; Samuei Leech's Addition to the 7own of Saint Pauf from a R7-2 zoning classification to B-3 zoning classification is consistent with the Comprefiensive Pian for the City; and BE I7 FUR7HER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Councii of ihe City of Saint Paul that property 4ocated at 365-367 AND 371 SMITH by rezo�ed by RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Deve{opment. �� MINUTES OF THE ZONING COMMfTTEE Thursday, April 2, 1998 - 3:30 p.m. City Counci! Chambers, 3rd Floor • City Hall and Court House 'I5 West Kellogg Boulevard PRESENT: ABSENT: OTHERS PRESENT: Chavez, Faricy, Field, Gordon, Kramer, Vaught and Wenc1 Morfon (excused) ��~�� Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Kelfey, Roger Ryan, and Jim Zdon of PED. The meeting was chaired by Commissioner Field. JEROME LACROIX AND WILLIAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and service station for properties focated at 365-367 and 371 N. Smith. Beth 8artz presented slides and the staff report recommending approval of the rezoning petition. She explained this is a similar situation to a previous item pertaining to expansion of a service station and the Committee could consider similar language if they so choose. Upon questions of Commissioner Gordon, Ms. Bartz said it is her understanding the app{icant is working with the District 9 Community Council on efforts to relocate the fourplex to another site. Ms. Bartz stated � the applicant's representative indicated the applicant's desire to remove the fourplex for future parking needs, but because of its architectural character wiH make efforts to preserve it. Commissioner Gordon questioned if this Committee has the authority to rezone only one of the two lots requested and to require that the fourpiex be moved to the lot where the dupiex is presently located as a condittion. Assistant City Attorney Peter Warner stated he would review this far the Committee. Upon question of Commissioner Kramer, Mr. Warner explained that rezoning actions of the Zoning Committee are in the nature of a recommendation to the Planning Commission and City Council. Ms. Sartz stated staff received two separate applications for the rezoning, one for the 365 & 367 Smith parcel and one for the 371 Smith parcel, and she noted for the purpose of presenting the staff teport they were consolidated. Upon question of Commissioner Chavez, Ms. Bartz said the statement of support for the rezoning application was submitted by the applicar+t. Commissioner Chavez referred to one of the rezoning consent forms that has a signature but is a blank form, and Roger Ryan indicated the consent forms were received by staff in one packet. Chair Fieid said he does not have a copy of the actual applications, and Ms. Bartz indicated she has them in her file. Mike Bfack, attorney representing Erna Salmonsen, appeared and said they submitted two applications , at staff's recommendation and were alfowed to pay only one application fee. He stated the appiicants spoke with Betty Moran at the District 9 Community Counci( about their interest in this property and development issues, and Ms. Moran indicated her interests to save the fourpiex and moving the fourpiex Zoning Committee Minutes P:pril 2, 1998 LaCroix/Dunnigan (98-059) Page Two � to a residenfia! lot in keeping with the Fort Roed Federation's housing poficies. He said Ms. Salmonsen's business is such that she can use both properties and has offered to purchase them. Mr. Black said this is a very active repair business, and in referring to the site plan said it was prepared withouY inpUt from staff on issues relating to special conditions, such as the setbacks and the buffers. He said some of those issues have been pointed out to them by staff in the process of looking at the appiication, and his client is willing to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been idenYified for relocation of the fourplex, and Mr. Black said Ms. Moran has one in mind and if's fiis understanding someone with an open lot in the neighborhood has been approached. Commissioner Gordon asked Mr. B(ack's opinion to rezoning the lot that the fourplex now is on for business but not rezone the dupiex lot wh+ch wouid then enable the applicant to move the fourplex to where the duplex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the appficanf is making a significant investmenf in acquiring this property, and would prefer the use of both lots for the service station use. Mr. Black further stated if the decision was made that she had to move the fourplex onto Yhe duplex lot, she would have to reassess the purchase because fhat is really not her purpose for doing this. At the question of Commissioner Gordon, Ms. Salmonsen indicated her commitment that the fourplex will not be destroyed or demolished and to have it moved to a lot within the neighborhood. • No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition To the permit. She stated she was approached by an employee of the Mobii Station in February and was handed a form to sign for rezoning. She noticed there were four other names on the form, and she said she toid the employee that she wou(d look into it furfher and fet fhem know whether or not she wouid sign the form. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were ali informed differently of would happen wi?h t�is �roperty. She said she has owned iier home since 1996, and the area is improving al( the time. Ms. Brooks also noted that soon after being contacted by the Mobil 5tation, she was contacted by the 5alvation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further re(erred to information she obtain through the Police Department's Office of Research amd Development indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding this rezoning. Ms, Brooks said she believes this expansion is for the AAA business out of the Mobil Station, and although there is traffic congestion, the larger part is due to the growth of the AAA business. Ms. Brooks submitted letters from others who were unab(e fo aftend today's meeting which rafer to aititudes of empioyees and the owner toward the neighbors, and she stated this is nof a friendiy neighborhood community caring business, and nothing will be gained by moving the fourplex and tearing down the duplex. Upon questions of Commissioner Vaught, Ms. Brooks said when she was presented with the zoning consent petition and asked to sign it, she was totd thaf the fourplex wou(d remain, the duplex would stay, and the parking lot would be put around in back of the duplex because they were unable to purchase fhe � fourpfex. She a(so reiterated that she did not sign the petition, and that she does not purchase her gas from this Mobil Station. At the question of Commissioner Chavez, Ms. Brooks said the AAA portiort of the business is growing, and she has seen 6oth flaf and tow frucks at this location. Zoning Committee Minutes A'pril2, 1998 LaCroixlDunnigan (98-051) Page Two a�� ?�`� to a residential lot in keeping with the Fort Road Federatio�'s housing policies. He said Ms. Salmonsen's business is such that she can use both properties and has offered to purchase them. Mr. Black said this is a very active repair business, and in referring to the site plan said it was prepared without input from staff on issues reiating to special conditions, such as the setbacks and the buffers. He said some of those issues have been pointed out to them by staff in the process of looking at the appiication, and his client is willing to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been identified for relocation of the fourplex, and Mr. Black said Ms. Moran has one in mind and iYs his understanding someone with an open lot in the neighborhood has been approached. b Commissioner Gordon asked Mr. Black's opinion to rezoning the lot that the fourplex now is on for usiness but not rezone the duplex lot which would then enable the applicant to move the fourplex to where the duplex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the applicant is making a significant investment in acquiring this property, and would prefer the use of both lots for the service station use. Mr. Black furiher stated if the decision was made that she had to move the fourplex onto the duplex lot, she would have to reassess the purchase because that is realiy not her purpose for doing this. At the question of Commissioner Gordon, Ms. Salmonsen indicated her commitment that the fourplex will not be destroyed or demolished and to have it moved to a lot within the neighborhood. No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition to the permit. She stated she was approached by an emp{oyee of the Mobii Station in February and was handed a form to sign for rezoning. She �oticed there were four other names on the form, and she said she toid the employee that she would look into it further and let them k�ow whether or not she would sign the form. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were all informed difEerently of would happen wi!h t"is property. She said she has owned iier home since 1996, and the area is improving all the time. Ms. Brooks also noted that soon after being contacted by the Mobii Station, she was contacted by the Saivation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further referred to information she obtain through the Police DepartmenYs O�ce of Research amd Deveiopment indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding this rezoning. Ms. Brooks said sfie believes this expansion is for the AAA business out of the Mobif Station, and aithough there is traffic congestion, the larger part is due to the growth of the AAA business. Ms. Brooks submitted fetters from others who were unable to attend today's meeting which refer to attitudes of empioyees and the owner toward the ne+ghbors, and she stated this is not a friendiy neighborhood community caring business, and nothing will be gained by moving the fourplex and tearing down the duplex. � Upon questions of Commissioner Vaught, Ms. Brooks said when she was presented with the zoning consent petition and asked to sign it, she was told that the fourplex wou{d remain, the duplex would stay, and the parking lot would be put around in back of the duplex because they were unable to purchase the fourp{ex. She also reiterated that she did not sign the petition, and that she does not purchase her gas from this Mobil Station. At the question of Commissioner Chavez, Ms. Brooks said the AAA portion of the business is growing, and she has seen both flet and tow trucks at this location. Zoning Gommittee Minutes fipril 2, 1998 LaCroixlDunnigan (98-051) Page Three \J q��``� Upon question of Commissioner Gordon, Ms. Brooks said she feeis a parking !ot 6y the Salvation Army would strongly impact this area because, i4 this rezoning is approved today, the neighborhood will then have two parking lots. Upon question of Commissioner Kramer, Ms. Brooks said no attachments to the petition were presented to her, but she did receive something {ater. She said she was not informed of what other types of businesses could be allowed in this facility, nor did she receive sections of the Zoning Code referred to in the petition. Ms. Howelis, 251 Forbes, appeared and spoke in opposition stating there has never been problems in this neighborhood. At the question of Commissioner Chavez, Ms. Howells said she feels she was tricked into signing the petition because she was toid they could not buy the fourplex and that the little duplex would be torn down and made into a parking lot. Upon question of Commissioner Vaught, Ms. Howells said the day she signed the petition she was not shown anything other documents. No one eise appeared. Mike Black sard he prepared a package consisting of the consent document, each of the applications, a copy of the site plan and photocopies of the Zoning Ordinance that has permitted uses in R-3 zoning, . which were all stapled together and provided to his client to distribute. He said why these two individuals state they were only provided the one sheet he cannot explain. However, Wes Salmonsen did some of the contact with the neighborhood and is present to speak to those two cases. Mr. Black stated there are different signature sheets because that was the way the package was organized to contact the many commercial property owners. Commissioner Kramer referred to a petition form in the packet that is blank without any information, and Mr, Black explained that is the signature page that was submitted to the Ffealth Span Heaith Systems. Later in the meeting, Ms. Salmonsen said she went to Health Span Health System and left a blank form, and at a iater time took over a fuil packet. However, the person she left it with had to go out of town due to a death in the family, and the person returned the biank form rather than the completed one which had been left {ater. Ms. Salmonsen also stated she spoke with Mrs. Howeils on the tefephone before her son went to her home and that she had explained what their plans were and asked how she feft about it. Wes Salmonsen appeared and stating he took the petition form to Ms. Howeils, and that he left with her the packet provided to him by Mr. Black. Mr. Vaught expressed concern whether or not there was misrepresentation at the time these items were presented. Bill Dunnigan, 266 Mackubin, appeared and spoke specifically to the recommendation of staff that rezoning would be consistent with the development in the area. He stated he's owned and managed the fourplex for the past ten years as a rental structure, and iYs becoming increasingiy difficult to attract good, viabfe tenants at this lacation. He aiso stated that afthough this structure does not have historicai preservation , stetus, it was bui(t between 1880 and 1890. No one else appeared, and the public hearing was ciosed. Zoning Committee Minutes April 2, 9998 LaCroix(Dunnigan (98-051) Page Four � Commissioner Vaught questioned the validity of the petition because it may not have enough signatures, and he referred to testimony of both Ms. Brooks and Ms. Howeils regarding the manner in which these signatures were secured. He said he has enough concern that he is moving to lay this matter over for two weeks for staff to recontact the people who signed the petition and ascertain what documents they were presented with at the time they signed the form, and to make judgement whether or not tfiey were obfained validly. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any problem with the people who work there. Fte said this business has 6een at this location for many years, and by making improvements to their buiiding are a part of the improvement of this neighborhood. He stated testimony he's heard today causes him concern about the validity of the supporting papers, and thaY he will support the motion for a layover for staff to verify the signed pefitions, the applicant to get a resigned peYition if they so choose, resolve concems regarding individuals who signed the petitions, and for Mr. Warner to determine whether or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he wil! support the motion for a layover, but he believes the burden shou(d not be o� sfaff fo recontact the people who signed Yhe petition. He said although he also has concem who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the intent of his motion is that staff wou(d do the recontacfing. He stated he is not satisfied witfi the job that was originally done, and testimony presented today persuades him that � there is at least an issue to the representations made on the petitions and documents. Chair Field said he will vote in support of the motion for a layover. He stated he's convinced that the app(ication is incompiete, and the applicant should also have the opportunity to abtain new petitions. He said given the controversy regarding the signatures, he agrees that staff should check the pet+tions. Commissioner Kramer suggested this matter be laid over untii there is a complete application, and Commissioner Vaught siated he is not prepared at this point to declare the application incornplete. At the request of Commissioner Wencl, Commissioner Vaught clarified his motion thaf staff will contact each of the fourteen people for verification af their signature and what fhey were shown when they signed, that staff wili then submit that information to this Committee, and an explanation on how a bfank petition was su6mitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have pertaining to the existing petition, and Mr. Warner said the law with respect to consents on rezoning petitions is somewfiat unclear. He stafed given the Appeilant Courts, the better thing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or appiication before the Committee and require the applicant to start the consent process ail over again. However, the Committes is not prohibited from engaging in some investigation to arrive at thaf conclusion. Upon question of Commissioner Wencl, Mr. Warner said pertaining to the goal of the appiicant to rezone a property, the applicant may go out and obtain new consents from ap of the property owners, and � alihough the people that consented the first time wouid consent the second time around, given the testimony, maybe they won't. Mr. Warner stated that with respect to verifying consent petifions, fhe (aw is clear in Minnesota that the burden is on the City Yo do thaf. Zoning Committee Minutes April 2, 1998 LaCroix/Dunnigan (98-051) Page Four ��_�� Commissioner Vaught quesfioned the validity of the petition 6ecause it may not have enough signatures, and he referred ta testimony of both Ms. Brooks and Ms. Howells regarding the manner in which these signatures were secured. He said he has enough concern that he is moving to lay this matter over for two weeks for staff ta recontact the peopie who signed the petitio� and ascertain what documents they were presented with at the time they signed the form, and to make judgement whether or not they were obtained valid{y. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any probiem with the people who work there. He said this business has been at this location for many years, and by making improvements to their building are a part of the improvement of this neighborhood. He stated testimony he's heard today causes him concern about the validity of the supporting papers, and that he wiil support the motion for a layover for staff to verify the signed petitions, the applicant to get a resig�ed petition if they so choose, resoive concerns regarding individuals who signed the petitions, and for Mr. Warner to determine whether or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he wili support the motion for a layover, but he believes the burden should not be on staff to recontact the people who signed the petition. He said although he also has concern who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the i�tent of his motion is that staff would do the recontacting. He stated he is not satisfied with the job that was originally done, and testimony presented today persuades him that there is at least an issue to the representatio�s made on the petitions and documents. Chair Field said he will vote in support of the motion for a layover. He stated he's convinced that the application is incomp4ete, and the applicant shouid also have the opportunity to obtain new petitions. F!e said given the controversy regarding the signatures, he agrees that staff shoufd check the petitions, Commissioner Kramer suggested ihis matter be laid over until there is a complete application, and Commissioner Vaught stated he is not prepared at this point to deciare the application incomplete. At the request of Commissioner Wenci, Commissioner Vaught clarified his motion that staff wiN contact each of the fourteen people for verification of their signature and what they were shown when they signed, that staff will then submit that information to this Committee, and an explanation on how a blank petition was submitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have pertaining to the existing petition, and Mr. Warner said the law with respect to consents on rezoning petitions is somewhat unclear. He stated given the Appe{lant Courts, the better thing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or application before the Committee and require the applicant to sta�t the consent process al! over again. However, the Committee is not prohibited from engaging in some investigation to arrive at that conclusion. Upon question of Commissioner Wencl, Mr. Warner said pertaining to the goal of the applicant to rezone a property, the app4icant may go out and obtain new consents from all of the property owners, and although the people that consented the first time wouid consent the second time around, given the testimony, maybe they won't. Mr. Warner stated that wifh respect to verifying consent petitions, tfie law is clear in Minnesota that the burden is on the City to do that. i . Zoning Committee Minutes April 2, 1998 LaCroix/Dunnigan (98-051) Page Five Commissioner Faricy calfed for the question, and it was seconded. Ro(I ca(f to close discussion. Adopted Yeas - 7 Nays - 0 Roll call on the motion for a two week layover. Adopted Yeas - 5 Nays - 2(KramedWencq Drafted by: f Pattie Keiley Recording Secre ary Subm' ed by: Beth Bartz Southwest Team ��-�c.y � MtNUTES OF THE ZONING COMMITTEE Thursday, April 96, 1998 - 3:30 p.m. PRESENT: ABSENT: City Councif Chambers, 3rd Floor City Hati artd Court House 95 West Kellogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wend (excused) OTHERS Peter Warner, Assistant Cify Attorney; Befh Bartz, Kady Dadlez, Donna Drummond, PRESENT: Pattie Kelley, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WILLIAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and service station for properties located af 365-367 and 371 N. Smith. Roger Ryan presented a brief update of tF�e April 2, 1998 Zoning Committee meeting where staff was directed to contact people who had signed the petition to verify that they understood what they had signed. He stated he has spoken to all of the people who signed the petition, and the results of those conversations are outlined in a memo to the Committee dated April 13, 1998. Mr. Ryan referred to a second memo dated April 16, 1998, which explains that three invalid signatures had been resubmitted and are now valid. Mr. Ryan said there are 21 properties within the 150 feet requirement, that fourteen signatures are required, and the applicant has sixteen valid signatures. Mike Biack, 265 W. 7th Street, appeared and upon his question, Mr. Ryan confirmed that the applicant does have the required sigrtatures. Upon question of Commissioner Gordon, Mr. Biack stated that the appficant wilt refocate the fourplex in the neighbnrhood. No one else appeared, and the public hearing was ciosed. Commissioner Gordon moved approval of the staff recommendation, and the motion was seconded by Commissioner Chavez. There was no discussion, and rol( call was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Kelley Recording Secrefary Submitted by: Rog yan Southeast Tea Approved by: �� Mark Vaught Acfing Chair . � � MINUTES OF THE ZONING COMMITTEE Thursday, Aprii 16, 1998 - 3:30 p.m. PRESEN7: ABSENT City Councii Chambers, 3rd Floor City Hail and Court House 15 West Keiiogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wencl (excused) a � .'lc.`� OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Kady Dadlez, Donna Drummond, PRESENT: Pattie Kelley, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WILLfAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and servfce station for properkies located at 365-367 and 371 N. Smith. Roger Ryan presented a brief update of the April 2, 1998 Zoning Committee meeting where staff was directed to contact people who had signed the petition to verity that they understood what they had signed. He stated he has spoken to all of the people who signed the petition, and the results of those conversations are outfined in a memo to the Committee dated April 13, 1996. Mr. ftyan referred to a second memo dated April 16, 1998, which explains that three invalid signatures had been resubmitted and are now valid. Mr. Ryan said there are 21 properties within the 150 feet requirement, that fourteen signatures are required, and the applicant has sixteen valid signatures. Mike Black, 265 W. 7th Street, appeared and upon his question, Mr. f2yan contirmed that the applicant does have the required signatures. Upon question of Gommissioner Gordon, Mr. Black stated that the applicant will relocate the fourplex in the neighborhood. No one else appeared, and the pubiic hearing was closed. Commissioner Gordon moved approval of the staff recommendation, and the motion was seconded by Commissioner Chavez. There was no discussion, and roll call was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Kelley Recording Secretary Submitted by: Approved by: � Y ""'n� ---rfJ-'�--- Rog yan _ Mark Vaught Southeast Tea Acting Chair J � �� .�� ' Saint Paul Pianning Commission Citp Hall Conference Center 15 Ketlogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, April 24, 1998, at 830 a.m. in the Conference Center of City Ha11. Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Maddox, Morton, Nordin, Treichel, and Present: Wencl and Messrs. Chavez,. Field Jr., Gervais, Gordon, Kong, Kramer, Mardell, McDonell, Nowlin, and Vaught. Commissioners Messrs. *3ohnson and Sharpe Absent: *Excused . Also Present: Ken Pord, Planning Administrator; Jean Birkholz, Kady Dadlez, Donna Drummond, Nancy Homans, and Larry Soderholm, Department of Planning and Economic Development staff. I. Approval of Minutes of April 10,1997 j�(7TiON: Cornn�issionerMcDonel[n:ovedapprovaZofthentit:utesofApri110,1 Co»:inissioner Field secontled the n:otion. Commissioner Field asked that the minutes be amended to include the words "the applicant said thaY' before the words "they aa eed to" in line two on page six. Staff agreed to add those words. The ntotion to approve il:e mr:ended mir:utes ofApril 10, I998 carried uttanimously m� a voice vote. II. Chair's Announcements Chair Morton announced that a letter is going out to the district councils informing them about the Pianning Commission quadrantliaisons. III. Planning Administrator's Announcements LJ Mr. Ford reported that he and some Planning Commission members heard Jeremy Riflcen, economist, at this past week's "Cities at Work" Forum. He reminded Commissioners about the forum coming up on housing next Tuesday evening, April 28, at 5:30 p.m., at Jehovah Lutheran Church on Thomas and Snelling Avenue. You may call to make a reservation for • supper; there will be no cost. Tom Fulton, Family Housing Fund and Gloria Bostrom, Fannie Mae, will be making presentations about the housing market and the potential for housing in the area. A panel of reactors will include Ray Hairis, a developer; Don Goldschmidt, director of Frogtown Community Development Corporation; Nancy Homans, PED planner; and Jerry Blakey, Saint Paul Councilmember. The Millard Fillmore Conference will be held May 18. A dinner will be held in the evening, an annual celebration of what's going on for revitalization of the Saint Paul Riverfront and downto�vn. At the same time, the Saint Paul Riverfront Corporation is sponsoring an a11 day . conference focusing on river related redeveIopment. He noted that it would be very worthwhile to have some Planning Commissioners attend the conference. Registration fee is $50; the Commissioner will cover the cost for Commissioners able to attend. Brochures are available. TV. Zoning Committee Commissioner Vaught provided the committee report. #95_170 AItPr Trading CCornoratinn - Conclude special condirion use permit process for a large meta] shredder at 801 Barge Channel Road. (Kady DadIez, 266-6574) Ml�TTO�: Coriemissimier Vaugkt n:oved denial of die requeste�l special co+tditiore use perruit to allow a large mefal shredder at SOZ Barge Gia��xel Road Commissioner Chavez noted that he tivould not support the motion. Commissioner Gordon stated that although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Council voted to prohibit large metal shredders in the Ciry of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gordon's. The motion ot� the floor to delry Yhe requesied special eondirion use pern:it to allow a large � nretal sJ�redder at 801 Barge Chaxnel Road carried a: a vniee vote of 16 - I(ChaveTJ. �Qg�] .i r� ome i.�('roir / William Dunnig� - Rezone property from RT-2 (residential) to B-3 (general business) to allow expansion of an existing auto repair and sen�ice station at 365- 367, 371 Smith North. (Beth Bartz, 266-6580} MnT70\: Cora�nissioner Vaught nioved approva! of the reguested rezo+tiug ofproperry fron: RT-Z (resideritial) to B-3 (geaeral business) to allorv expansiort of a�: existir:g azrlo repair a�ed service statior: at 365, 367, 371 Sraith North. Commissioner Gordon wanted the record to show ihat one of ttee buildings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condition and also is considered to be of historic value. He commented that he and other committee members �vere concemed about what wouid happen to those two properties, especially the 4- plex in connection with maintaining low and moderate income housing in that neighborhood. The Committee received a representation from the applicant that the 4-plex would be relocated elsewhere in the neighborhood; it would not be destroyed. The duplex may well be destroyed. The motiai on the floor earried unanimously on a voice vote. �Q$-p67 Rahib Amini - Determination of similar use that an art gallery is similar to other B-1 uses at 244 Albert. (Beth Bartz, 266-b580) MOTION: Coneniissior:er Vaught moved approval of the requested deterncination of sineilar � use, witlt conditions, that a�i art gallery is similar to otlaer B-1 uses at 244 Albert carried unaxin:ously on a voice vote. 2 a �,��t do�vntotim. At the same time, the Saint Paul Riverfront Corporation is sponsoring an all day conference focusing on river related redeveiopment. He noted that it �vould be very � worthwhile to have some Planning Commissioners attend the conference. Registration fee is $50; the Commissioner wi11 cover the cost for Commissioners able to attend. Brochures are available. IV. �oning Committcc Commissioner Vaught provided the committee report. #95-17n�iteLTLasiin - Conclude special condition use permit process for a large metal shredder at 801 Barge Channel Road. (Kady Dadlez, 266-6574) 1414TS9t�_': Couunissio�ier Vaught ruoved denial of the re�«ested special col:ditiorr trse permir 10 allorv a Inrge i�retal shredder at 801 Bnrge G�mmel Road Commissioner Chavez noted that he �vould not sugport the motion. Commissioner Gordon stated that although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Council voted to prohibit large metal shredders in the City of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gordon's. The »�ofio�: on ihe floor to de�ry the reguested specia! condi�ior: use perrriit to allow a large rrtetal sltredder a[ 801 Barge Cha�zrrel Road carried oit a voiee vote of 16 - I(Gtavez)• `--� #4R-OS] Ser_nmr L,aS'[�ie / Willi�m Dimnigan - Rezone property from RT-2 (residentia]) to B-3 (general business) to allow expansion of an existing auto repair and service station at 365- 367, 3? 1 Smith North. (Beth Bartz, 266-6580) 1110TiON: Coutniissioner Va:tg/ii n�oved approvni of ihe regt�ested rezoniicg ofproperty fi•ou� RT-2 (resideratial) to B-3 (ge�eeral br�siness) to nllorv expmrsioi: of a�e e�isti�ag aarto repair aud service station at 365, 367, 371 Su:itk North. Commissioner Gordon wanted the record to show thai one of the buildings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condition and also is considered to be of historic value. He commented that he and other committee members were concemed about what would happen to those two properties, especially the 4- plex in connection v,-ith maintaining low and moderate income housing in that neighborhood. The Committee received a representation from the app]icant that the 4-plex would be relocated elsewhere in the neighborhood; it would not be destroyed. 'Ihe duplex may well be desiroyed. Tlie ntotioir on the floar carried ui:airimousty on a voice vote. �2$_067 Aab(ILmini - Determination of similar use that an art gallery is similar to other B-1 uses at 244 AIbert. (Beth Sartz, 266-fi580) 1YL27_:LQN: Comurissio�:er Vaugkt moved approval ofrhe requested deten:iination ofsirnilar i�se, with condi[io1�s, that art art gallery ts sierrilar to otherB-I uses at 244.41bert carried � uita�timously on a voice vote. 2 �,� ��l Q • . ZONING COMMITTEE STAFF REPORT FlLE # 98-0S1 1. APPLICANT: )EROME LACROiX AND WILLIAM DUNNIGAN lll DATE OF HEARING: 04/02/98 2. CLASSIF�CATION: Rezoning 3. LOCATION: 365-367 and 371 North Smith 4. PLANNING DISTRICT:9 5. LEGAL DESCRIPTION: Lots 4 and 5, Biock 3; Samuel Leech's Addition to the Town of Saint Paui 6. PRESENT ZONING: RT-1 ZONING CODE REFERENCE: §64.400 7. STAFF INVES7IGATION AND REPORT: DATE: March 23, 1998 8. DATE RECEIVED: 03(Q2(98 DEADLINE FOR ACTION: OSlOI/48 BY: Beth Bartz A. PURPOSE: Rezone the properties from RT-2 to B-3 to allow expansion of an ex�sting auto repair and service station, B. PARCEL SIZE: Each of the parcels is 50.84 feet wide and 173.4 feet deep for a total area of 17,631 square feet. G EXISTING LAND USE: 7here is a four-plex residentiai structure at 365-367 N. Smith and a duplex at 371 N. Smifh. D. SURROUNDING LAND USE: North: An existing auto repair and service station in a B-3 distrid. East: Single family and duplex structures in an RT-2 district. South: Single family and duplex structures in an RT-2 district. West: Single family and duplex structures in an RT-2 district. E. ZONING CODE CITATION: Section 64.400(a) states in part that "the council may, from time to time, amend, supplement or change the district boundaries or the regufations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned, HISTORY(DISCUSSlON: There is no previous history on these parcels. � G. DISTRICT COUNCIL RECOMMENDAT{ON: Distrid 9's meeting schedule will not allow them to take an official position on this rezoning prior to the April 2 public hearing. Zoning File #98-051 Page 2 H. FINDtNGS: Erna Salmonsen, proprietor of Grand & Smith Mobil, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventua(ly remove the fourplex (365-36� to provide additiona( parking and construct a 40' by SO' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applicant believes that the additional area will relieve congestion and confusion on the site, provide for more orderly storage of vehicies waifing to be serviced, and allow service trucks to be stored indoors when not in use. The applicant dces not plan to expand either the service stacion itself or the number of pumps on site. 2. Section 60.544 (18) of the Zoning Code permits automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeting a!I of the required condiTions related to minimum lot size, landscaping, indoor repair work, and outside storage. 3. The proposed site plan does not meet the required cond�tions for a Special Condit+onal Use Permit. Issues inciude buffering and setbacks as well as use of the 365-367 parcel for both residential and commercia! use. Therefore, the proposed site plart cannot receive administrative approval. . 4. The rezoning is consistent with the Saint Paul Housing Palicy for the 1990s. Policy 39 states: • "Identify specitic areas ot incompat+ble land uses that detract from residentia! qua{ity in The city and seek opportunities to resolve these fand use conflicts through acquisition, redevelopment, and support ot private eftorts that strengthen the edges between residentia! and other land uses." This partially residential block on Smith lies between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of I-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 AD�, though narrow, street co�necting these two major traffic routes. The amount of traffic and the narrowness of the streei create an undesirable residentia! area. Res�lving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residentiai area to the west. 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residentia) and wmmercial uses exist, 6. The rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expa�sion of UniYed Hospital to the northeast. West Seventh is also experiencing redevefopment, most notably in this area with the reconstruction of the Salvation Army building to the so�th. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficuh situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on adjacent properties if appropriate (andscaping and � screening is installed on the south and wesi sides of any development of the property to shield the residential uses there. � �,��a Zoning Fi4e #98-051 Page 2 H. FINDINGS: Erna Salmonsen, proprietor of Grand & Smith Mobil, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; )erome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex {355-367} �o provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applica�t believes that the additional area wil{ relieve congestion and confusion on the site, provide for more orderly storage of vehicles waiting to be serviced, and allow service trucks to be stored indoors when not in use. The applicant does not plan to expand either the service station itseVf or the number of pumps on site. 2. Section 60.544 (18) of the Zoning Code permits automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeting all of the required conditions related to minimum {ot size, landscaping, indoor repair work, and outside storage. 3. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues incfude buffering and setbacks as well as use of the 365-367 parcel for both residential and commerciai use. Therefore, the proposed site plan cannot receive administrative approval, 4. The rezoning is consistent with the Saint Paul Housing Poficy for the 7990s. Policy 39 states: "Ide�tify spedfic areas of incompatible land uses that detract from residential quality in the city and � seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private efforts that strengthen the edges between residential and other land uses:' This partialfy residential block on Smith lies behveen substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of f-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Res�lving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar ro West Seventh. The plan also states buffers should be developed where conflicts be[ween residential and commercial uses exist. 6. The rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopme�t since the opening of the interstate and major expansion of United Hospital to the northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the south. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Sevenih and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on adjacent properties if appropriate la�dscaping and screening is instal(ed on the south and west sides of any deve{opment of the property to shield the residential uses there. ,1/ ,' q� • Zoning File #98-051 Page 3 The applicant submitted a sufficient petition of twathirds of the property owners within one hundred (700) feet of the property stating support for the rezoning (27 parcefs eligible, 14 required, aod 14 signed). STAFF RECOMMfNDAT10N: Based on findings 1 through 2 and 4 through 7, staff recommends approval of the rezoning petition. � � � PETtT(ON TO AMEND THE ZONING CODE Department of Planning and Economic Develapmen[ Zoning Section II00 City Hal/Annez 25 West Fourth Street Saint Paul, MIV SSI01 166-6589 APPLIGANT PROPERTY LOCATION Efitt� !D� U58 aA{ : � i�O . -�( �..a.� F �: e�Yrtg iiit8 :.' �.`:_`..,.: ��:,;� i � - . Property Owner William J. Dunnigan III / Erna Salmonsen Arirtrocc 266 Mackubin Avenue City st. raul gt Z� 55102 Daytime phone Contact person (if different) Erna Salmonsen 222-2993 Address/Location 365 - 367 Smith Ave. North LegaldeSCription Lot 4, Block 3, Samuel Leech's Addition to the Town of St. PauJ. (aftach additiona! sheef if TO THE HOMORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Sain4 Pau! Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, william J. nunnigan ZII , the owner of al! the land proposed for rezoning, hereby petitions you fo rezone the above described property from a xT-2 zoning district to a B-3 zoning district, for the purpose of: Removing the existing du��ex, building a 40 x 50 foot garage for the storage and service of �:3v trucks, and using the remaining area for Farking. The property is being acguired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 236 Grand Avenue. (attach additional sheet(s) if necessa ) ,�/ Aftachments Required site plan � Consent petition L�T A�davit � Subscribed and swom to X� �1.c., before me this /O�` day Byk ��-c.c�<� � p�-v,v,�.,�� of �Y /' , 19� Fee owner of property Title: Page t of 1� Notary Pubiic A4ICHAEL C. BI.ACK N07ARY Pl1uUC • �"� 31o2CL0 µy Coqmissian Exp'pes J . � � � - PET1710N TO AMEND THE ZQNING CODE Deparfinent ojPlanning and Economic Develapmexi Zoning Sectio�r ZA00 City Ha11 Anner 25 West Fourth Street Sairr! Paul, MN 55101 166-6589 APPLICANT � PROPERTY - LOCATION Property Owner William J. Dunnigan III / Erna Salmonsen Aririrasc 266 Mackubin Avenue City sc. Paul gt Z; 551oz Daytime phone Contact person (if different) Erna Salmonsen 222-2993 Address/Location 365 — 367 Smith Ave. North Legal description Lot 4, Block 3, Samuel Leech's Addi[ion to the Town of St. Paul (atfach additionai sheet if necessary) TO THE HONORABLE MAYOR AND CiTY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zo�ing Ordinance and to Section 462.357(5) of Minnesota Statues, william ,3. Dunnigan III , the owner of afl the land proposed for rezoning, hereby petitions you to rezone the above described property from a RT-2 zoning district to a B-3 zoning district, for the purpose of: Removing the existing du�lex, building a 40 x 50 foot garage for the storage and service of � trucks, and using the remaining area for Farking. The property is bFing acquired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 236 Grand Avenue. (attach addrfional sheet(s) if neces_s_af�') Attachments: Required site pian L✓� Subscribed and sworn to before me this �p� day of ,�l�YGr�, 19� X l.tJ�, r G� s y k l�f �.<,t.e�� l!i (J�, '� fee owner of property Title: Consent petition � Affidavit � ,,,,c,wv.nn,��^N - — — Notary Public s �.; � � A4ICNAEL C. SLACK ` �.' ` - NOTARY PUGLIC • MIKNESOTA � �,- -- � � �.��m¢;1onEzpiresJan. . XVW�^ Page 'i of �_ �� PET{TION TO AMEND THE ZOIVtNG CODE • �I Deparrment of Planning and Economie Development � Zoning Section II DD Ciry Hat1 Annex 25 West Founh Street Saint P¢ut, M1V 55702 266-6589 APPLICANT PROPERTY LOCATION . TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, Jerome s. Lacroix , the owner of all the fand proposed for rezoning, hereby petitions you to rezone the abave described property from a RT-2 zoning district to a B zoning district, for the purpose of: Removing the existing duplex, building a 40 x 50 foot garage for the storage and service of tow trucks, and using the remaining area for parking. The pro- perty is being acquired by Erna Salmonsen, who inzends to add it, along with the property at 365 - 367 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 326 Grand Avenue. f� (attach addrtiona/ sheef(s) if necessa ) ^/ ^/ Attachments Required site pian � Consent petition i� Affidavit LN' Subscribed and swom t� before me this ��. day of _��h�!� 19 ,�� a �� Notary Public Pfopefty OwnerJerome S. Lacroix/Erna Salmonsen Addr2ss 371 Smith Avenue North City St. Paul St. MhTZip 55102 Daytime phone 122-2993 Contact person (if different) Erna salmonsen 222-2993 AddresslLocation 371 Smith Avenue Norch Legal deSCrlption Lot 5, Block 3, Samuel Leech's Addition to the Town of St. Paul (atfach additional sheef if necessary) of Ziintng �ce uss �� a. ;�� Fee ....'�:�..� .r, ! ; �..�� Title: ...^J.bi`..•✓n�e.h^..�..�r'✓.}'., y.4;\` _: ; J06.7; A. PROKO? ; � noT�q�tauauc-f.c:�;esarq � _� RA?.'SGYCOUNTY � ' ^c¢::rw�,_ . z t..1 txp;;es.;.131, fC^ �� '. Page�of l7 �IlC��c�� C�o Black �� IlC�C� �,�� February 19, 1998 Suite 201 265 W. 7th St. (Fort Boad) St. Paul, Minnesota 55102 (612) 222-2587 FAX: (612) 222-2589 HAND DELIVERED Ms. Kady A. Dadlez St. Paul Department of Planning & Economic Development 25 West 4th Street St. Paul, Minnesota 55102 Re Dear Ms. Dadlez: Rezoning Application for property at 365-367 and 371 Smith Avenue North I enclose with this letter the following materials related to the reaoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunnigan for the property at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacroix for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by Yust Architectural Services, showing how the two lots will be incorporated into my client's business. The four-plex at 365-367 Smith Avenue North wi11 remain until appro- priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed snd a new garage build- ing built at the rear of that 1ot. A new curb cut will also be installed at 371 Smith Avenue North and the lot will be paved for a parking Iot. 4. Ten pages of consent forms signed by neighboring property owners. These consent forms cover I4 of the 21 property owners within 100 feet of the properties, as identified in the report prepared by your office. 5. Affidavit of Petitioner signed by Jerome Lacroix. 6. Affidavit of Petitioner signed by William Dunnigan. 7. Three Affidavits of pezsons circulating the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, a11 oE whom were involved in obtaining the consent signatures. � L� � a�,�� c��aQIl C�o Slack �� OO�ff�c�c� ��1 February 19, 1998 Suite 201 265 W. 7th St. (Fort I3oad) St. Paul, Minnesota 55102 (612) 222-2587 FAX: (612) 222-2589 HANU DELIVEREU Ms. Kady A. Dadlez St. Pau1 Department of Planning 6 Economic Development 25 West 4th Street St. Paul, Minnesota 55102 Re: Re<oning Application for property at 365-367 and 371 Smith Avenue North Dear Ms. Dadlez: I enclose with this letter the following materials related to the rezoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunnigan for the properYy at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacro3x for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by YUSt Architectural Services, � showing how the two lots wi11 be incorporated into my client's business. ' The four-plex at 365-36J Smith Avenue North will remain until appro- ' priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed and a new garage build- ing built at the Year of that lot. A new curb cut will a15o be installed at 371 Smith Avenue North and the lot wi11 be paved for a parking lot. 4. Ten pages of consent forms signed by neighboring property � owners. These consent forms cover 14 of the 21 property owners within 100 feet of the properties, as identified in the report prepared by your office. 5 0 Affidavit of Petitioner signed by Jerome Lacroix. Affidavit of Petitioner signed by William Dunnigan. J. Three Affidavits of persons circulat3ng the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, all of whom were involved in obtaining the consent signatures. � ....J J P1s. Kady A. Dadlez � Page 2 Eebruary 19, 1998 a �,.��.� 1 8. A copy of my client's purchase agreement with kiilliam and Maureen Dunnigan for the property at 365-367 Smith Avenue North. 9. A copy of the purchase agreement between my client and Jerome Lacroix for the purchase of the property at 371 Smith Avenue North. 10. My client's check in the amount of $670.00 payable to the City of St. Paul for the zoning application fee. 11. A Statement Supporting Rezoning Application prepared by my office to support this application. Based on the schedule of ineetings which you provided to me, I understand that the cut-off date for this petition is March 2, 1998, and that notices wi11 be mailed on March 19, 1998. The application will come before the zoning committee for a public hearing on April 2, 1998 and be- fore the fuil planning commission on April 10, 1998. You have advised me that the City Council meeting for approval of the application is usually scheduled approximately three weeks after the planning commission meeting. I also understand that my client must submit a Special Condition . Use Permit Application relating to my client's current property at 236 Grand Avenue, and that this application will be handled on a staff level. Please advise me as to the proper timing to file this application. Thank you for your assistance in this matter. Sincerely, r ;E'�� ,/, �� Michael C. Black MCE/mmb ENC: cc: Erna Salmonsen � STATEMENT IN SUPPORT OF REZONING APPLICATION Erna Salmonsen has operated Grand & Smith Mobil as a sole pro- prietorship at 236 Grand Avenue in St. Paul since 1984. Her sons, Wes and Dave, also work full-time at the service station. The business has expanded gradually over the years. In addition to selling retail gasoline and related products and a fu1Z service repair shop, Grand & Smith Mobil also has a drive- through car wash and a thriving towing business. The towing business consists of six tow trucks. The business occupies a 26,000 square foot site at the southwest corner of Grand Avenue and Smith Avenue North. The entire property is paved with asphalt. At the present time, a11 the business' vehicles are parked outside on the property, along with any number of vehicles which the repair shop may be working on. This creates congestion in the parking lot for retail customers of the station. Additional area is needed for the storage of vehicles. Ms. Salmonsen has entered into pnrchase agreements with WiZliam and �faureen Dunnigan and Serome Lacroix for the purchase of 365-367 Smith Avenue North and 371 Smith Avenue North, respectively. Both of these properties presently have multi-family housing units on them. 365-367 Smith Avenue North has a victorian era four-plex which is presently rented to residential tenants. 371 Smith Avenue North is a duplex, one-half of which is occupied by Mr. Lacroix. The four-plex has unique architectural features and is worth preserving. Ms. Salmonsen`s plan is eventually to remove both buildings and expand the parking lot of her business to encompass the entire area. She also plans on constructing a one-story garage building, measuring 40 feet by 50 feet, for the storage and service of three flat-bed tow trucks used in the service station. For the moment, Ms. Salmonsen plans to remove the duplex property at 371 Grand Avenue and build a garage building at the rear vF that lot. The i . . STATEMENT IN SUPPORT OF REZONING APPLICATION aa _�� Erna Salmonsen has operated Grand & Smith Mobil as a sole pro- prietorship at 236 Grand Avenue in St. Paul since 1984. Her sons, Wes and Dave, also work full-time at the service station. The business has expanded gradually over ttie yeara. In addition to salling retail gasoline and related products and a full service repair shop, Grand b Smith Mobil also has a drive- through car wash and a thriving towing business. The towing business consists of six tow trucks. The business occupies a 26,000 square foot site at the southwest corner of Grand Avenue and Smith Avenue North. The entire property is paved with asphalt. At the present time, all the business' vehicles are parked outside on the property, along with any number of vehicles which the repair shop may be working on. This creates congestion in the parking lot for retail customers of the station. Additional area is needed for the seorage of vehicles. Ms. Salmonsen has entered into purchase agreements with William and riaureen Dunnigan and Jerome Lacroix for the purchase of 365-367 Smith Avenue North and 371 Smith Avenue North, respectively. Both of these properties presently have multi-family housing units on them. 365-367 Smith Avenue North has a victorian era four-plex which is presently rented to residential Cenants. 371 Smith Avenue North is a duplex, one-half of which is occupled by Mr. Lacroix. The four-plex has unique architectural features and is worth preserving. Ms. Salmonsen's plan is eventually to remove both buildings and expand the parking lot of her business to encompass the entire area. She also plans on constructing a one-story garage building, measuring 40 fee[ by 50 feet, for the storage and service of three flat-bed tow trucks used in the service station. For the moment, Ms. Salmonsen plans to remove the duplex property J at 371 Grand Avenue and build a garage building at the rear of that lot. The � a p -��.� four-plex will remain until it can be relocated to a suitable lot. In the • meantime, Pis. Salmonsen intends to continue to rent the property to residential tenants. . � -Z- -�- - - � v� m, �� v) m� 9� m } � � � � ' � e a �' � � � z _1 } � - uo u ��s 3 �' iQ ant��nv ahv�+� L�—� N z0 �_ N� '--- w� Z J � I __�-__ O __-_�� _ -- F - e ,--- � �Z�J wap d oo �Y� - -� � ! �- i I W � ---J q� � 3 � � � zQ � � � = I C� 16� 1�(� 1 S 1 s I v f c� I�(1— �q'£LI __— � Zw 'o °� _� - _ _ _ _ �_ _ � _ � - �-_ _ � � F=� � -� Q �s 0 � ��,�-i � �� a� . � ' ~ d _ � � z � > x �- � , � � � � � � I i � � N W � 0 4� � �� ati°� � ^ � � � � � � � -- ^ v� � � U C d"�- 3 � �� f I Q �,. � �� —�-- - - � i I �7 � �� e � i � mI 0' �� I i �- a a � :� z — J � a -� U p W �p 0 LL � � za � . � anxa�a� aHro�a� `�J N ZO r� � ---jC�---- � � w� z � JO ----- 0 -------- - �� -- � - e --- WQw wQ0 � � OdW � � � __,- i - - --- — — — J W 7 v z 0 � S zw N� �� F=� �, L L— � - � � � ��_�.��I � ` 0 '0` 000�00�� Y'£LI � „ F � O Z � � 0 � � � � x p@ � � z , , ,� �� Q� r Q � l� N � � i i � � � � N U �� 5 �' t Q N � n N U�I m m ^ ` � m � fo ;� � � � n� � LL � ` ' � � � U C , � + � I �' v� � � �7 ��.�� 1. 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' w u 4 �.1�Q �¢¢.. 4 O �' v � . . , . �, O ( ' lol�l0{0 3 - '� ,,.-- C�/� 01 �- / . �r�icF,raT�-G�CrA��!!'��nl. /_ �kar�e ��1�� °OSE �efln�• ��M� �� It� �� zoningdistrictboundary ;, —_� � O DA7E � SUbjCCI proP��Y NG.DIST._�___ MAP;i �y L.^�_ o onetamify ,,��, � t�vo family ;f,LE 1" = 400' � � Q multiple family �-�: r,:_- � n•C onh�'• • a n comm�;c�ai ♦ ..... indus!�iai V v2cant ..� May 19,1995 Kady Dadiez Saint Paul Planning Commission 2a W Fourth Street 1100 City Hall Anne: Saint Paul, Minnesora 55102 Dear Kady Dadlez, � S r ( � g �� a RECEIVED MAY 2 � i998 ZONlNG SLIBJECT:XX.X WIGGTNS ROAD (LOT 5, BLOCK 1; WILLENBRI�iG \X'OOD ADDITTOtiT My wife and T aze opposed to the lot split. We purchased our home &om the builder, Donald Willenbring, who is the indicidual asking for the split. One of 5he reasons we purchased the home was because of the 2.2-acce lot in question. It adjoins our property and ihe large lot obviously adds to the value of our homa A spLt may decrease our home's appeal to any furure buqers. Mc. Wdlenbring told us before we purchased the home that he had tried to sptit the 1ot and that the split was denied. That denial, combined with the handout he used in mazketing the lots (copy enclosed) and the sign ihat stood on the property unn] about two weeks ago (picture taken in March,1998 enclosed), gave us £urther assurance that no change would probably occur. S� e ly, Alan Elliott Enclosures (2) � � � b z �� < � � ; �, � � .� d �� tA �j �i= � "z � �Y °°� b $ ;�yb w °� oz O � M oOe//� Q � .� s � - W o� _ o, a N Q m ..� ~ u, N £ N o N y o � � a 0 � � � �� y l - "�� od� z v�� 595 MGKNLGHT ROAD SOUTH SAIhT PAUL, MINNESOT3 i5119 To tisten to more inTo aboat thfs properh Gatt TT7-ii0ht� and enter Pl$ IDx 92t9 St. Pau! .. ;;� -:�>� a-<. ��s '�-". .�=�,:,.; y.y''-aE-'w. _ - . . _ :?� :- �`+` -_ �_�i . -'�� F�,- � : x� . I� — � _ '�.; �. , 1 1' �_ — � i ��' �j�l �rM�if.�� • Princeton Dak 7rim �-=-- Throughout � • 7 258 84. Ft • 2 Bedraom • 2 Bath • Master w/ Wa1k-ie Closet • Sunken tivinp Roam • Hip Vault Ceitings - Living,/Kltchen • Ges Fireplaae • fi Paael 0oon • Cenfra! Air/Roughed In Vacuuro • RoaQhed In Bnseme� $f (f3,500 B�e Pe�� .�,��ompiete Au$. 81 sadu�a¢ ra $153,950 _ --�. _ _ .--•--- • 8 Bedraam - Q BethlMester Bath � iaundry/Mud Room • Spzctaus Ntfchen(Pantry/Breslcisst Bar • Bayed Din(n� Area w/ Door to Backyard � Vauttad Urin¢/Kitchen/Dining • Ceramic Tqe Foyer • 2 x 4 Studs & inaulated Raaement Walls • Central Air/RoaQhed In Vacuum - Keyetone Terrace Walls • 8erber Carpet & Mannirtgtoa �ioorin$ �7 06 �ZOO 8ase PrFce �147�g�J0 w/ lot Family Owned Business - A Trae Cusenm Builder Ure Our Fiovr Ptrrns O� Use Your ldeas To Create Plr�ns Crearive Firrancing PacL•ages Avar1n61el5weat Equity – Cash Towards Down Payrrsent For More Inlormatian, Call f78-fi370 • Lacated Irt beautHul Hi$h�wad Additbn • Neariiy wooded with wfilte & rod oaita • d-1 j3 aare lota • t-2.2 acre lat wttlt private tlriv� • Atl utUkfes �n • dreat aceess fo highways •a�toaM � On bus route lots start at �29,90D Llc. #20U787S e SxD �� 4 23KFEb �e! 1- SSS.epO i0; 3• S35.i00 c�z-su.sac ia�.a-F+e.sa a � � ti = � vl 2 �`� � �: - J :a L'�� V ) � a � .'tr.� To listen to more Ittto about thls property Caif 7T7•NOME and enter PL$ !Q# 72t8 St. Paut :.: �`� . -t�T'_�;`:. � . ' �.,,s'^t_ -:�:_ _: _ :;,;_._ - _-- - - i - .._...•^ ;1�i �� .�.I� � �a � w ti � .� �. .� � � �. �e.e.�«,�„ k — �. , • Princeton Dak Trim �-. 7hroughout .�� • 1268 Sq. Ft. • 2 Bedraom � 2 Hath • Master wJ Watk-In Gocet • Sunken Llvtn� Room � Nip Vault Ceilinps • Living/Kftchen � �es Firepfaoe • 8 Panei boora ' • Centrai Alr)Rou$hed )n Vacuum • Rou�hed In Basement � 1 U3,5U0 B�e P��e � Compiete Au�, 3i Reduced To $153,950 ..�.o..a.o,,.� �:�. ,:-N. a� . "� _�� w.�. • 1322 8q. ft. Ramblar �--� �-i— • 3 Bedroam • 4 Beth/Maeter Bath • Laundry/Mud Room • Spadous Kitchen/Pantry/Breakfast Bar � 9ayed Wnin� Area wJ �oor to Backyiu'd • Vauitetl Lirin�(/Kltchen/Oinia$ • Ceramic TUa Foyer • 2 x 4 Studa & Insulatad Basement We!!s • Centrnl Air/ROUQhed in Vacuum ' • Keyainne Terrace WNIs • 8erber Carpat & Mann�ngtoa Floorin$ � "J 06,200 s�a �� $147,850 w� �oc Fan:ily Owned $usiness -.4 True Custom Builder Use Our Floor Plans Or Use Your ldeus T'o Cteate Plans Creative Financing Patkages Availn6leJSweat F.quily - Cash Towards Down Payment For More In/ormation, Call 378-d370 • tacated In qeautftui Hi$fswood Mdk4ai • Heavily wooded with whlte & red oakn - d•1/3 aare lota • 1-�.2 acre iot wfth private tlrlve • Ail ut0ltiea in • 6rea1 ar,�,eas to highways • C�088 YO �M • on bus roule Lots start at �29,�Q0 uo. u2ooys�s vat 6RINa WOOtlS A0�ln�N r.�a \. 167 — , �40]04.M1'l] b .smc.a n.va e + S�tO 23�CFE8 J '6 WOq R VJ � 6 vooe� roq e 2az• �� Lalaifus Ldt-SSSa00 Lo:] tel2•591.Bp0 ln�� 0 � 15' ti = � N a �%: �J c � ! !\ v� "- �� May-27-98 09:38A CityView Financial 6127300675 P.02 May 26, t998 Kathy Lantry St. Paul City Counci[ ] 5 West Kellogg Boutevard St. Paul, Minnesota 55102 RECEiVED MAY 2 '� 1998 ZONING RE: Hearing of Donatd Wifienhring's request to City Council concerning Lot 5, Block 1; Witienbring Woods Addition. To change Planning Commissioner's decis+on to grant Arnotd Fritsl,e's appeal to ovcrrule Planning Administsator's decision to approve a lot split at abovc mention locati�n. Dcar Ms. Lantry, � �� `a a ln reference to the above mentioned hearing being held at Council Chambers on Wednesday May 27, 1998, please accept this letter with expianations as my request tc� the St. Paul City Council to support and uphoid the decision of [he Planning Commissioner's dec�sion to erant the Fritshe appeai. 1 have been a resident in St. Paul all my fifc, residing at my current location since July 1983. St. Paul is a great place to Iivc for several reasons. f�irst and foremost on my mind is the fairncss that City Councii showed two years ago whcn they approved the Willenbring Woods Addition for six lots only, Therc were several hearings that C attended. Finally, it was supposed to be over w'sth Willenbrin�;'s acceptance of six lots only. Several rcasons for the original deeision can be cummazized bele�w: • Highwood Ylan, ensuring that new developments are not inconsistent with thc maintenance of our natural environment. • Safety and Emcrgency Vehicle Access, ensuring the populaiion density and street servicc is conducive with future development . Trees, Slopes and Wetlands Endangerment, ensuring that minimal constructicm on this site will protect our natural environment thus protecting and preserving our trees, w•etlands and water runotFissues. As yc�u have already realized, a iot of work and effott wds spent to come up with a compromise that would be accep�able to aIl parties. Mr. Wiilenbring agceed to this two years ago, whon the St. Paul City Council wisely came up with its original decision. (1) iy-27�-98 09:38A CityView Financiai 61273Q0675 P_03 y Please deny Mr. Wil(enbring's appeal and his desire to change the rutes in the middlc of thc ptocess and support ihe intent ofa)! the parties concerned in the original agrccment. Sinccrety, ��. <�� Steven P, Barticy {�e.CJU��-- Q1-,.� e�0�� Deborxh Ann Bartley � � Steven & neborah Bantey 601 Wig„gins Road St. Paui, MN. 55119 (612) 738-5938 �Z) fay-27�98 09:38A CityView Financial 6127300675 Please deny Mr. Wil(enbring's appeal and his desus to change the rules in the middlo of thc process and support the intent of afl the parties concerned in the originai agrccmeni. Sinccrcly, ��. i3� Steven P, tiart(cy {.�e_�J d��-- U 1-�.. Deborah Ann Bartley � o..7F-��., Steven & Deborah Bartley 601 Wiggins Road St, Paut, MN. 55119 (612)738-5938 �2) P 03 Q Y,�`'� May^27=98 09:38A CityView Financial 5/�� I�'I .�� ,, I �, � 6127300675 CityYiew Financial & Actonnting Service, Inc. 617 Wiagia7 Rosd St. Paui, A�inntsota 55119 'ieltphone (612) ?30-0675 Facsimile (612) 730-6f� � 6'�5 Aate To: COMPANY Fax Number �� -�' � ` � . c�� aa8 - 3314 �b - 6 s�'� Fax Cover Sheet Teiephone Number. a ' Number of gages foilowing cover sheei. '3 F1om: Dab Lindsted t ( HoM ��' 7 3'v - O b b°� � o r"`- , _ ,. �--c�, a� �-�v � �. � W , ��v� , ,,,�,...�. . � � �-A—� �� ^-�-�— � t1�-�- � �--��. c�-� • e /�J-/hp�,�3C� s�.�.�-�-� �,�/ V .�.� � �� i��o �-'s�. �.- P.Ol $,�� . �� '-' . , �� J�4. �� ,.�- � _ , ��. � �;��...�. -�.�. �=-��.�.�2,-._.� /� ,' Q ; ,O-._L �...9-c3'� �-�* .� �—�,�.:. � . y "` �' ' � GMAE MINZSTRIES 6128665990 P-91 , 4 g ,,� ` `.1 � May 27, 1498 TO: M'iss Nan�y Andersoa, Se�t'etazy fot the City Council Fax - 228-3314 FR.OM: Palzner Xngsdal 605 Wigg'nss Road St. Paul, MId 55119 MEETING: St kaul City Council Hearing Wednesday, May 27, 1998, 5.30 p.m. Zoning file number: 98-138 SLJBJECT: Lot split x�c Wiggins Road Lot 5, Block 1, Willenbring Wood� addition. As the hocneowner o£the fust house constructed an Wiggins Road, I want to register my opposition to granting a lot split and favor the appeal of Arnold Fxitsch. REASONS: 1. Approximately two years ago, the neighbors and Mr. W itlenbring reached a decision before the council - 61ots (Z in the woods and 4 on McKnight Road). This was approved with a large neigt�orhood representation at the Council meering. 2. The e.ntzance stze� to ttue property wae to be £or a limited design which was constructed according to the approval of item 1 above. 3. The E�'ighwood Plan, wtuch has been izt effect £or a number of years, was honored in the mutuel agreement resched two years ago: to bypass the current home consUucted in the woods with anothec driveway or street woutd necessitate a disruption of topography and the ecology of the wooded area. As T reviewed the area Iast evening, it would appear that a lazge numbec o� uees and the hillside woutd be highly disrupted in attempring to put an access way which would allow city vehicles to reach t�e kome. REQUEST: T would request that the City Council deny the Lot Split and abide by the City Council dxision reached at the meeting approxisnately two yeazs ago with the neighbozs of our commwuiy. DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMF.NT ao � C11Y �T" .7C111�11 rAvL DivisionofPlmviing � � Norm Colemnn, Mayo� 25 4Jest Faunh Street Telephane: 612-266-6565 SaintPaul,MN55Z02 FacsimiZe:612-228-33Z4 May 13, 1998 Ms. Nancy Anderson City Council Reseazch O�ce Room 310 Ciry Ha11 Saint Paul, Mimiesota 55102 Deaz Ms. Anderson: W:1.�4i � �E�:$cC�E',� ..�,=�!'ca R1AY �. � ��P I would like to confirm that a public hearing before the City Council is scheduled for Wednesday May 27, 1998 for the following zoning case: Applicant: File Number: Purpose: Address: Legal Description of Properiy: JEROME LACROIX #98-051 Rezone property from RT-2 (Townhouse Residential District) to B-3 (General Business District) for expansion of an existing auto repair and service station. 371 Smith Avenue North Lat 5, Block 3, Samuel Leech's Addition to the Town of Saint Paul Previous Action: Planning Commission Recommendation: Approval, vote: unanimous, April 24, 1948 Zoning Committee Recommendation: Appmval, vote: 7-0, April 16, 1998 My understanding is that this pub]ic hearing request will appeaz on the agenda for the May 20, 1998 City Councii meefing and that you will publish notice of the hearing in the Saint Paul Legal L,edger. Please call me at 266-6580 if you have any questions. Sincerel ��,� Beth Bartz City Planner cc: File #98-051 Paul Dubriel Pattie Kelley __ •FmsrRUnr• NOTICE OF PUBLIC SEAItWG The Saint Paul City Council will conduct a�public hearing on Wednesday, May 27. d998 ai 5:30 p.m, In the G�ty Council Chambers, Third Flooz City Hall-Court House, to consider the application of Jerome I,aCroix to rezone properry from RT-2 (lbwnhoase Residential Districtj to B-3 (Generai Business District) for espansion of an eiasting auto repair and seavice station at 371 Smith Avenue Rorth. Daied: May 13, 1998 _ � . _ - NANCYANDEILSON - _ �- v Asais4wt City Cotuicil Secretacy - " - " " (May 16. 199 a�g-��y city of saint paui �lanning commission resolution file number 98-30 C�te n aa, isss INHEREAS, jerome Lacrax and Wil(iam Dunn+gan, file #98-OSt, has applied for rezoning 365-367 and 371 North Smith from RT-2 to 8-3 under ihe provisions of Section 64.400 of the Saint Paul Legislative Code, for the purpose of expansion of an existing auto repair secvice station, legally described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul; and WHEREAS, the Zoning Committee of tne Planning Commission on 412198 and 4!1 bi98 heid a pubiic hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 643D0 of the Saint Paui Legislative Code; and WHEREAS, Saint Pau( Pfanning Commission, based on the evidence p�esented to its Zoning Committee at the public hearing as subsiantiaily reflected in the minutes, made the folfowing findings of fact: 1. Erna Salmonsen, proprietor of Grand & Smith Mobil, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-3b7 Smith Avenue • North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourpfex (365-367) to provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station, Efforts are being made to relocate The fourplex to another site. The applicant be{ieves that the additional area will relieve congestion and confusion on the s+te, provide for more orderly storage of vehicles waiting to be serviced, and aliow service trucks to be stored indoors when not in use. The applicant does not plan to expand either the service station itse(f or the number ot pumps on site. 2. Section 60.544 (78) of the Zoning Code permits automobile service facilities as permitted uses subject to specia{ conditions in the B-3 zoning district. The proposed site has the potential of meeting all of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues include buffering and setbacks as well as use of the 365-367 parcel for both residentiai and commerciai use. Therefore, the proposed site plan cannot receive administrative approval. moved by Vaught seconded by � in favor unanimous against Planning Commission Resolution, File #97-051 Page 2 4. The rezoning is consistent with Yhe Saint Paul Housing Policy for the 1990s. Policy 39 states: "Identify specific areas of incompatible Iand uses that detract from residential quality i� the ciry and seek opportunities to resolve these land use conflicts through acquisition, redevelopmeni, and support of private efforts that strengthen the edges between residentiai and other land uses." This partially residential block on Smith lies between substantia! commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of l-35E with access a short distance away on Grand Avenue and the reconsYruction of the High Bridge on Smith to the south, Smith F�as become a high traffic (8400 ADT), though narrow, street connecting these two major iraffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving this conf(ict by rezoning to a similar commercial level as Grartd and West Seventh is appropriate and provides a stronger edge to the residentiaf area to the west. 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commerciai interspersed. Grand is designated as a minor arterial sim+lar to West Seventh. The plan also states buffers should be developed where conflicts between residential and cammercial uses exis[. � 6. 7he rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of [he interstate and major expansion of United Hospital to • The northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the 3alvation Army building to the south. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficuit situation to sustain residential use on Smith Avenue. 7. The rezoning will not have an adverse impact on adjacent properties if appropriate landscaping and screening is installed on the south and west sides of any development of the property to shield the residentia( uses there. 8. The appficant submitted a sufficient petiiion of two-thirds of the property owners within one hundred (7 QO) feet of the property stating support for the rezoning (21 parcels eligible, 14 required, and 14 signed). NOW, THEREFORE, BE lT RESOLVED, by the Saint Paul Planning Commission, that the petition of JEROME LACROIX AND WILLIAM DUNNIGAN to rezone property at 365-367 and 371 Smith more particularly described as Lots 4 and 5, 81ock 3; Samuel Leech's Addition to the Town of Saint Paul from a RT-2 zoning classification to B-3 zoning classification is consistent with the Comprehensive Plan for the City; and BE IT FIJRTHER RESOLVED, that the Saint Paui Pianning Commission does hereby recommend to the Council of the City of Saint Paul that property located at 365-367 AND 377 SMITH by rezoned by RT-2 to B-3 in accordance with the petifion for rezoning on file with the Saint Paul Department of Planning and Economic Development. • � g -'1 c.�, Planning Commission Kesolution, File #97-051 Fage 2 4. The rezoning is consistent with the Saint Paul Housing Policy for the 1990s. Policy 39 states: "Identify specific areas of incompatible land uses that detract from residential quality in the city and seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private efforts that strengthen the edges between residential and other land uses." This partially residential bfock on Smith lies between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of i-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving chis conflict by rezoning to a similar commerciaf level as Grand a�d West Seventh is appropriate and provides a stronger edge to the residential area to the west. The District 9 pfan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. 7he plan also states buffers should be developed where conflicts between residential and commercial uses exist. � 6. The rezoning is consistent and compatible with the way the area has developed. Grand r ` Avenue between I-35E and West Seventh Street has seen significant commercial '�� redevelopment since the opening of the interstate and major expansion of United HoSpital to the northeast. West Seventh is also experiencing redevelopment, most notably in this area � with the reconstructio� of the Salvation Army building to the south. High traffic volumes on Smith and the smail triangular block created by the layout o( Grand, West Seventh and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on ad}'acent properties it appropriate ;, landscaping and screening is installed on the south and west sides of any development of the properry to shield the residential uses there. 8. The applicant submitted a suf(icient petition of two-thirds of the properry owners within one hundred (1001 feet of the property stating support for the rezoning (21 parcels eligible, 14 required, and 14 signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition of JEROME LACROIX AND WILLIAM DUNNIGAN to rezone property at 365-367 and 371 Smith more particularly described as Lots 4 a�d 5, Block 3; Samuel Leech's Add'+tion to the Town of Saint Paul from a RT-2 zoning classification to B-3 zoning classification is consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Paul that property located at 365-367 AND 371 SMITH by rezoned by RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Devefopment. MINUTES OF THE ZONING COMMITTEE Tfiursday, Apri{ 2, 1998 - 3:30 p.m. City Counci! Chambers, 3rd Floor • City Hali and Court House 'I5 West Keilogg Boulevard PRESENT: ABSENT: OTHERS PRESENT: Chavez, Faricy, Field, Gordon, Kramer, Vaught and Wencl Morton (excused) Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond Roger Ryan, and Jim Zdon of PED. The meeting was chaired by Commissioner Field. qg'��y Pattie Kelley, JEROME LACRO{X AND WILL{AM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to ailow expansion of an existing auto repair and service station for properties located at 365-367 and 371 N. Smith. Beth Bartz presented siides and the staff report recommending approval of the rezoning petition. She expfained this is a similar situation to a previous item pertaining to expansion of a service station and the Gommittee coufd consider similar language if they so choose. Upon questions of Commissioner Gordon, Ms. Bartz said it is her understanding the applicant is working with the District 9 Community Council on efforts to relocate the fourplex to another site. Ms. Bartz stated • the applicanYs representative indicated the applicant's desire to remove the fourplex for future parking needs, but because of its architectural character will make etforts to preserve it. Gommissioner Gordon questioned if this Committee has the authority to rezone only one of the two lots requested and to require that the fourplex be moved to the lot where the duplex is presently located as a condition. Assistant City Attorney Peter Warner stated he wouid review this for the Committee. Upon question of Commissioner Kramer, Mr. Warner explained that rezoning actions of the Zoning Committee are in the nature of a recommendation to the Pfanning Commission and City Councii. Ms. Bartz stated statf received two separate applications for the rezoning, one for the 365 & 367 Smith parcel and one for the 371 Smith parcel, and she noted for the purpose of presenting the staff report they were consolidated. Upon question of Commissioner Chavez, Ms. Bartz said the statement of support for the sezoning appfication was submitted by the appiicant. Commissioner Chavez referred to one of the rezoning consent forms that has a signature but is a bfank form, and Roger Ryan i�dicated the consent forms were received by staff in one packet. Chair Field said he does not have a copy of the actuai applications, and Ms. Bartz indicated she has them in her file. • Mike Black, attorney representing Erna Salmonsen, appeared and satd they submitted two applications at staff's recommendation and were allowed to pay only one application fee. He stated the applicants spoke with Betty Moran at the District 9 Community Council about their interest in this property and development issues, and Ms. Moran indicated her interests to save the fourplex and moving the fourpiex Zoning Committee Minufes ,4pril 2, 1998 LaCroix/Qunnigan (98-051) Page Two • to a residential !ot in keeping with the Fort Road Federation's housing policies. He said Ms. Salmonsen's business is sucfi fhat she can use both properties and has offered to purchase fhem. Mr. 8lack said this is a very active repair business, and in referring to the site plan said it was prepared wifhout input from staff on issues refating to speciaf conditions, such as the setbacks and the buffers. He said some of those issues have been pointed out to them by staff irt the process of looking at the app(icafion, and his client is willing to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been identified for relocation of the fourplex, and Mr. Black said Ms. Moran has ane in mind and iYs his undersfanding someone with an open lot in the neighborhood has been approached. Commissioner Gordon asked Mr. Black's opinion to rezoning the !oY that the fourplex now is on for business but not rezone the duplex lot which would then enable the appticant to move fhe fourplex to where fhe dupiex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the applicant is making a significant investment in acquiring this property, and would prefer the use of both lots for the service station use. Mr, Black further stated if the decision was made that she had to move the fourplex onto the duplex lot, she would have to reassess the purchase because that is really not her purpose for doing this. At the question of Commissioner Gordon, Ms. Sa(monsen indicated her commitment that the fourplex will not be destroyed or demofished and to have it moved to a lot within Yhe neighborhood. • No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition to the permiY. She stated she was approached by an employee of the Mobil Station in February and was handed a form to sign for rezoning. She noficed there were four other names on the form, and she said she told the employee ihat she would look into it further and !ef them know whether or not she would sign the form. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were all informed differently of would happen with this property. ShE said she has owrted her home since 1996, and the area is improving all the time. Ms, Brooks aiso noted fhat soon after being contacted by the Mobil Station, she was contacted by the Salvation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further referred to information she obtain through the Police Department's Office of Research and Development indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding fhis rezoning. Ms. Brooks said she believes this expansion is for the AAA business out of the Mobii Station, and although there is traffic congestion, the larger part is due to the growth of the AAA business. Ms. 8rooks submitted lefters from others who were unabfe to attend today's meeting which refer to attitudes of employees and the owner toward ihe neighbors, and she stated this is not a friendly neighborhood community caring business, and nothing wili be gained by moving the fourplex and tearing down the duplex. Upon questions of Commissioner Vaught, Ms. Brooks said when she was presenYed with the zoning consent petition and asked to sign it, she was told that the fourplex wouid remain, tfie dupiex would stay, and the parking lof woutd be put around in back of the duplex because they were unable to purchase the • fourpiex. She also reiterated that she did not sign the pet+tion, and that she does not purchase her gas from this Mobil Station. At the question of Commissioner Chavez, Ms. Brooks said the AAA portion of the business is growing, and she has seen both flat and tow trucks at this location. Zoning Committee Minutes A'pril 2, 1998 LaCro+xlDunnigan (98-051) Page Two °Ir '� �'y to a residential lot in keeping witfi the Fort Road Federation's housing policies. He said Ms. Salmonsen's business is such that she can use both properties and has offered to purchase them. Mr. Slack said this is a very active repair business, and in referring to the site pian said it was prepared without input from staff on issues relating to special conditions, such as the setbacks and the buffers. He said some of those issues have 6een pointed out to them by staff in the process of looking at the application, and his client is wi{ling to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been identified for relocation of the fourplex, and Mr. Black said Ms. Moran has one in mind and iPs his understanding someone with an open lot in the neighborhood has been approached. Commissioner Gordon asked Mr. Black's opinion to rezoning the lot that the fourplex now is on for business but not rezone the dupiex lot which would then enable the applicant to move the fourplex to where the duplex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the applicant is making a sig�ificant investment in acquiring this property, and would prefer the use of both lots for the service station use. Mr. Bfack further stated if the decision was made that she had to move the fourplex onto the dupiex lot, she would have to reassess the purchase because that is reaify not her purpose for doing this. At the question of Gommissioner Gordon, Ms. Salmonsen indicated her commitment that the fourplex wiil not be destroyed or demolished and to have it moved to a lot within the neighborhood. No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition to the permit. She stated she was approached by an employee of the Mobil Station in February and was handed a form to sign for rezoning. She noticed there were four other names on the form, and she said she told the employee that she wouid look into it further and let them know whether or not she would sign the iorm. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were aIl informed difFerently of would happen with this property. ShE said she has ow�ed her home since 1996, and the area is improving all the time. Ms. Brooks also noted that soon aRer being contacted by the Mobil Station, she was contacted by the Salvation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further referred to information she obtain through the Police DepartmenYs Oifice of Research and Development indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding this rezoning. Ms. Brooks said she befieves this expansion is for the AAA business out of the Mobil Station, and although there is tra�c congestion, the larger part is due to the growth of the AAA business. Ms. Brooks submitted fetters from others who were unable to attend today's meeting which refer to attitudes of empioyees and the owner toward the neighbors, and she stated this is not a friendly neighborhood community caring business, and nothing wi{I be gained by moving the fourplex and tearing down the duplex. ✓ Upon questions of Commissioner Vaught, Ms. Brooks said when she was presented with the zoni�g conse�t pefition and asked to sign it, she was told that the fourplex would remain, the duplex wouid stay, and the parking lot wouid be put around in back of the dupiex because they were unable to purchase the fourplex. She also reiterated that she did not sign the petition, and that she does not purchase her gas from this Mobif Station. — At the question of Commissioner Chavez, Ms. Brooks said the AAA portion of the business is growing, and she has seen hoth flat and tow trucks at this location. Zoning Committee Minutes _� �� Apr+l 2, 1998 y LaCroixlDunnigan (98-051) ad Page Three • Upon question of Commissioner Gordon, Ms. Brooks said she feels a parking lot by the Salvation Army would strongiy impact this area because, if this rezoning is approved today, the neighborhood wili then have twa pasking lots. Upon question of Commissioner Kramer, Ms. 6rooks said no attachments to the petition were presented to her, but she did receive somethfng later. She said she was not informed of what other types of businesses couid be aifowed in this faciiity, nor did she receive sections of the Zoning Code referred to in the petition. Ms. Howells, 251 Forbes, appeared and spoke in opposition stating there has never been problems in this neighborhood. At the question of Commissioner Chavez, Ms. Howelis said she feels she was tricked into signing the petition because she was told they could not buy the fourplex and that the little duplex would be torn down and made into a parking lot. Upon question of Commissioner Vaught, Ms. Howelis said the day she signed the petition she was not shown anything other documents. No one eise appeared. Mike Bfack said he prepared a package consisting of the consent document, each of the appfications, a copy of the site pian and photocopies of the Zoning Ordinance that has permitted uses in R-3 zoning, which were ail stapled together and provided to his client to distribute. He said why these two individuals � state they were only provided the one sheet he cannot explain. However, Wes Safmonsen did some of the contact with the neighborhood and is present to speak to those two cases. Mr. Black stated there are different signature sheets because that was the way the package was organized to contact the many commercial property owners. Commissioner Kramer referred to a petition form in the packet that is blank without any information, and Mr. Black explained that is the signature page that was submitted to the Health Span Iieaith Systems. Later in the meeting, Ms. Salmonsen said she went to Health Span tieafth System and left a blank form, and at a later time took over a fufl packet. However, the person she left it with had to go out of town due to a death in the family, and the person returned the blank form rather than the completed one which had been left later. Ms. Salmonsen also stated she spoke with Mrs. Howells on the teiephone before her son went to her home and that she had explained what their plans were and asked how she felt about it. Wes Salmonsen appeared and stating he took the petition form to Ms. Howells, and that he left with her the packet provided to him by Mr. Black. Mr. Vaught expressed concern whether or not there was misrepresentation at the time these items were presented. Biil Dunnigan, 266 Mackubin, appeared and spoke specifically to the recommendation of staff that rezoning wouid be consistent with the development in the area. He stated he's owned and managed the fourplex for the past ten years as a rental structure, and iYs becoming increasingly difficult to attract good, viable tenants at this iocation. He aiso stated that although this structure does not have historical preservation • status, it was built between 1880 and 1890. No one eise appeared, and the public hearing was ciosed. Zoning Committee Minutes Aprii 2, 9998 LaCroix/Dunnigan (98-051) Page Four • Commissioner Vaught questioned the validity oflhe petition because it may not have enough signatures, and he referred to testimony of both Ms. Brooks and Ms. Howetls regarding tf�e manner in which these signatures were secured. He said he has enough concem that he is moving to lay this matter over tor two weeks for staff to recontact the people who signed the pefition and ascertain what documents they were presented with at the time they signed the form, and to make judgement whefher or nof they were obtained validly. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any problem with the people who work there. He said this business has been at this location for many years, and by making improvements to their building are a part of Yhe improvement of this neighborhood. He stated testimony he's heard Yoday causes him concern about the validity of the supporting papers, and that he wiil support the motion for e tayover for staff to verify the signed petitions, the applicant to get a resigned pefition if they so choose, resolve concerns regarding individuals who signed the petitions, and for Mr. Warner to determine whether or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he will support the motion for a layover, but he believes the burdert should not be on staff to recontact the peopie who signed the petit+on. He said although he aiso has concern who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the intent of his motion is Yhat staff would do the recontacting. He stated he is not satisfied with the job that was originaily done, and testimony presented today persuades him that � there is at ieasf an issue to the representations made on the petitions and documents. Chair Fieid said he will vote in support of the motian for a layover. He stated he's convinced that the application is incomplete, and the applicant shouid also have the opportunity to obtain new petitions. He said given the controversy regarding the signatures, he agrees thaY staff should check the petitions. Commissioner Kramer suggested this mafter be laid over until there is a complete application, and Commissioner Vaught stated he is not prepared at this point to declare #he apFlication incomplete. At the request of Commissioner Wenci, Commissioner Vaughf clarified his motion that staff will contact each of the fourteen people for verification of their signature and what they were shown when they signed, that staff wiil then submit that information to this Committee, and an explanation on how a blank petifion was submitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have pertaining to the existing petition, and Mr. Warner said Yhe law with respect to consents on rezoning petitions is somewhat unclear. He stated given the Appellanf Courts, the better thing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or application before the Committee and require the applicant to start the consent pracess all over again. However, the Committee is not prohibited from engaging in some investigation to arrive at fhat conciusion. Upon question of Commissioner Wenci, Mr, Warner said pertaining to the goal of the applicanf to rezone a property, the applicant may go out and obtain new consenfs from alI of the property owners, and alfhough tf�e people that consented the first time wouid consent the second time around, given the • testimony, maybe they won't. Mr. Warner stated that with respect to verify�rtg consent petitions, the law is clear irt Minnesota that the burden is on the Cify fo do fhaf. Zoning Committee Minutes April 2, 1998 LaCroixiDunnigan (98-Ob1) Page Four �g.�c.y Commissioner Vaught questioned the validity of the petition because it may not have enough signatures, J and he referred to testimony of both Ms. Brooks and Ms. Howelis regarding the manner in which these signatures were secured. He said he has enough concern that he is moving to lay this matter over for two weeks for staff to recontact the people who signed the petition and ascertain what documents they were presented with at the time they signed the form, and to make judgement whether or not they were obtained validly. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any probiem with the people who work there. He said this business has been at this location for many years, and by making improvements to their building are a part of the improvement of this neighborhood. He stated testimony he's heard tvday causes him concern about the validity of the supporting papers, and that he wiil support the motion for a layover for staff to verify the signed petitions, the applicant fo get a resigned petition if they so choose, resolve concerns regarding individuais who signed the petitions, and for Mr. Warner to determine wheiher or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he will support the motion for a layover, but he believes the burden should not be on staff to recontact the peopfe who signed the petition. He said although he also has concern who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the intent of his motion is that staff would do the recontacting. He stated he is not satisfied with the job that was originally done, and testimony presented today persuades him that there is at least an issue to the representations rnade on the petitions and documents. �.J Ghair Field said he will vote in support of the motion for a layover. He stated he's convinced that the application is incomplete, and the applicant should a�so have the oppoRunity to obtain new petitions. He said given the controversy regarding the signatures, he agrees that staff should check the petitions. Commissioner Kramer suggested this matter be laid over unti{ there is a compfete application, and Commissioner Vaught stated he is not prepared at this point to declare the ap�lication incomplete. At the request of Commissioner Wencl, Commissioner Vaught clarified his motion that staff wilf contact each of the fourteen peopie for verification of their signature and what they were shown when they signed, that staff will then submit that information to this Committee, and an explanation on how a blank petition was submitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have peRaining to the existing petition, and Mr. Warner said the law with respect to consents on rezoning petitions is somewhat uncfear. He stated given the Appellant Courts, the better tfiing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or application before the Committee and require the applicant to start the consent process aN over again. However, the Committee is not prohibited from engaging in some investigation to arrive at that conclusion. Upon question of Commissio�er Wencl, Mr. Warner said pertaining to the goai of the applicant to rezone a property, the applicant may go out and obtain new consents from all of the property owners, and although the people that consented the first time would consent the second time around, given the J testimony, maybe they won't. Mr. Warner stated that with respect to verifying consent petitions, the law is clear in Minnesota that the burden is on the City to do that. Zoning Committee Minutes �� -� `� April 2, 1998 LaCroixlDunnigan (98-051) Page Five • Commissioner Faricy called for the question, and it was seconded. Roli cail to ciose discussion. Adopted Yeas - 7 Nays - 0 Rol! cali on the motion for a two week layover. Adopted Yeas - 5 Nays - 2(KramerNVenci) Drafted by: � Pattie Kelley Recording Secre ary • Subm� ed by: Beth Bartz Southwest Team • MfNUTES OF THE ZONING COMMfT7EE Thursday, Aprii 16, 1998 - 3:30 p.m. PRESENT: ABSENT: OTHERS PRESENT: City Council Chambers, 3rd Floor City Hati and Court House 15 West Keilogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wencl (excused) Peter Warner, Assistant City Attorney; Beth Bartz, Kady Dadlez, Donna Drummond, Pattie Kel�ey, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WlLLIAM DUNNIGAN -Zoning File 9&051 - Rezone from RT-2 to 8-3 to allow expansion of an existing auto repair and service station for properties located at 365-367 and 371 N. Smith. �� Roger Ryan presented a brief update of the Apri! 2, 1998 Zoning Committee meeting where staff was directed to contact people who had signed the petition to verify that they understood what they had signed. He stated he has spoken to a(I of tt�e people who signed the petition, and the results of those conversations are outlined in a memo to the Committee dated April 13, 1998. Mr. Ryan referred to a second memo dated April 16, 1998, which explains that three i�vatid signatures had been resubmitted and • are now valid. Mr. Ryan said there are 24 properties within the 150 feet requirement, that fourteen signatures are required, and the appficant has sixteen vafid signatures. Mike Black, 265 W. 7th Street, appeared and upon his question, Mr. Ryan confirmed that the applicant does have the required signatures. Upon question of Commissioner Gordon, Mr, Biack stated that the applicant will relocate the fourplex in the neighborhood. No one else appeared, and the public hearing was closed. Commissioner Gordon moved approvai of the staff recommendation, and the motion was seconded by Commissioner Chavez. There was no discussion, and roil cail was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Keiley Recording Secretary Submitted by: Rog yan Southeast Tea Approved by: �� Mark Vaught Acting Chair � MINUTES OF THE ZONiNG COMMITTEE Thursday, April 16, 1998 - 3:30 p.m. PRESENT: ABSENT; City Council Chambers, 3rd Floor City Hali and Court House 15 West Kellogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wencl (excused) OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Kady Dadlez, Donna Drummond, PRESENT: Pattie Kelley, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WILLIAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and service station for properties located at 365-367 and 371 N. Smith. ✓ Roger Ryan presented a brief update of the April 2, 1998 Zoning Committee meeting where staff was directed to contact peopfe who fiad signed tfie petition to verify that they understood what they had signed. He stated he has spoken to afi of the people who signed the petition, and the results ofi those conversations are outlined in a memo to the Committee dated April 13, 1998. Mr. Ryan referred to a second memo dated April 16, 1998, which explains that three invalid signatures had been resubmitted and are now valid. Mr, Ryan said there are 21 properties within the 150 feet requirement, that fourteen � signatures are required, and the applicant has sixteen valid signatures. Mike Black, 265 W. 7th Street, appeared and upon his question, Mr. Ryan confirmed that the appiicant does have the sequired signatures. Upon question of Commissioner Gordon, Mr. Biack stated that the applicant will relocate the fourplex in the neighborhood. No one else appeared, and the public hearing was closed. Commissioner Gordon moved approval of the staff recommendation, and the motion was seconded by Commissioner Ghavez. There was no discussion, and rofl call was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Kelley Recording Secretary Submitted by: Approved by: �''� �y� �/ / _ Rog yan _ Mark ught Southeast Tea Act+�g Chair �►$ '� �� • Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard �Vest A meeting of the Pianning Commission of the Ciry of Saint Paul was held Fnday, April 24, 1998, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Maddox, Morton, Nordin, Treichel, and Present: Wencl and Messrs. Chavez,. Field Jr., Gervais, Gordon, Kong, Kramer, Mardell, McDonell, I�3owlin, and Vaught. Commissioners Messrs. *Johnson and Sharpe Absent: *Excused • Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Kady Dadlez, Donna Drummond, Nancy Homans, and Larry Soderholm, Department of Planning and £conomic Development staff. I. Approval of Minutes of April 10, 1997 bTOTiON: Commissio�:er McDortell moved approval of the n+in:�tes ofApril I0, I998; Coraniissioaer Field secor:ded ihe motion. II. III. • Commissioner Field asked that the minutes be amended to include the words "the applicant said thaY' before the words "they ao eed to" in line two on page six. Staff agreed to add those words. TITe n:otion to approve the mnended n:iuutes of,4pri110, 1998 carried ui:axinaoarsly on a voice vote. Chair's Announcements Chair Morcon announced that a letter is going out to the district councils informing them about the Planning Commission quadrant liaisons. Planning Administrator's Announcements NIr. Ford reported that he and some Planning Commission membns heard Jeremy Riflcen, economist, at this past week's "Cities at Work" Forum. He reminded Commissioners about the forum coming up on housing next Tuesday evening, April 28, at 5:30 p.m., at Jehovah Lutheran Church on Thomas and Snelling Avenue. You may call to make a reservation for • supper; there will be no cost. Tom Fulton, Family Housing Fund and Gloria Bostrom, Fannie Mae, will be making presentations about the housing market and the potential for housing in the area. A panel of reactors will include Ray Harris, a deveioper; Don Gotdschmidt, director of Frogtown Community Development Corporation; Nancy Homans, PED planner; and Ierry Blakey, Saint Paul Councilmember. The Millard Fillmore Conference will be held May 18. A dinner will be held in the evening, an annual celebration of what's going on for revitalization of the Saint Paul Riverfront and do�mtown. At the same time, the Saint Paul Riverfront Corporation is sponsoring an all day conference focusing on river related redevelopment. He noted that it would be very • worthwhile to have some Planning Commissioners attend the conference. Registration fee is $50; the Commissioner wil] cover the cost for Commissioners able to attend. Brochures are avaitable. IV. Zoning Committee Commissioner Vaught provided the committee report. �,{_77� Alter Tradin;S'�rnoratinn - Conclude special condition use permit process for a large metal shredder at 801 Barge Channel Road. (I:ady Dadlez, 266-6574) MOTIO\: Conen:issioner Vauglet moved de�:ial of tl:e requested specia! coi:ditio�i ttse permit to allorv a large rnetal shredder ar 801 Barge Channel Road. Commissioner Chavez noted that he wou[d not support the motion. Commissioner Gordon stated thai although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Coccncil voted to prohibit large metal shredders in the City of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gocdon's. The motion on tlre floor to deny the requested speci¢I conditin�a use permit to allvw a large . nteta[ shredder at 801 Barge Chaiusel Road carried on a voice vote of 16 - I(CFsavez). �Q$_QjyJ�rome?.3 C'roiY ! W'�am Dunnisan - Rezone properiy from RT-2 (residential} to B-3 (generai business) to atlow expansion of an existing auto repair and service station at 365- 367, 371 Smith North. (Beth Bartz, 266-6580) AIOTTO\: Corr:missioner Yaug/tt n:oved approval of the requested reZO�ting ofproperty from RT-2 (residentia[) to B-3 (general business) to allorv erpassion of an existing auto repair and service siation at 365, 367, 371 Smi[h Nortla. Commissioner Gordon wanted the record to show that one of the buildings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condirion and also is considered to be of historic value. Ae commented that he and other committee members were concerned about what wouid hagpen to those two properties, especially the 4- piex in connection with maintaining tow and moderate income housing in thai neighborhood. The Committee received a representation from the applicant that the 4-plex wouTd be relocated elsewhere in the neighborhood; it would not be destroyed. The duplex may well be destroyed. The n:otion on the floor carried unanimously on a voice vote. �Q$ Aahih Amini - Detecmination of similar use that an art gallery is similar to other B-1 uses at 244 Albert. (Beth Bartz, 266-6580) ��10N: Commissio�aer Vaught moved approval of tke requested deter�:�ination of similar • use, witli conditions, tl�at an aH gallery is similar to otker B-I uses at 244 Albert carreed unanineously on a voice vote. a8 •'��°y downto�vn. At the same time, the Saint Pau3 Riverfront Corporation is sponsoring an all day conference focusing on river related redevelopment. He noted that it would be very worthwhile to have some Planning Commissioners atiend the conference. Registration fee is —� $50; the Commissioner wi11 cover the cost for Commissioners able to attend. Srochures are available. IV. Zoning Committee Commissioner Vaught provided the committee report. #95-170 Alt�r Tradin�org^ratinn - Conclude speciai condition use permit process for a large metal shredder at 801 Barge Channe] Road: (Kady Dadlez, 266-6574) 1140TjQN: Co++urtissiorter Vai�gl�t :uoved der+ial of lhe re7uesled special coitditiat use pennit to aliow a large �tietal shredder at 80I Barge Chmittei Road. Commissioner Chavez noted that he would not support the motion. Commissioner Gordon stated that although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Council voted to prohibit large metal shredders in the City of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gordon's. Tke rrto[ion on d:e Jloor !o de�:y tlee requested specra! cardi�ion rrse perneil to alloiv a large meta! sl�redder at 801 Barge C/tarute! Road carried on a voice vote of 16 -1 (Ckavez)• �-'' -051 .Ter9mel,a_Croir ! Williaml2��nigan - Rezone property from RT-2 (residential) to B-3 (general business) to allow expansion of an existing auto repair and service station at 365- 367, 371 Smith North. (Beth Bartz, 266-6580) 1�10Ti0\: Con�utissioner Varrgkt nioved approva( ojtlee requested rezor�i�ig of property frorri RT-2 (resideritial) to B-3 {geueral busi�tess) to alloiv expa�:sion af an existir:g attto repnir a�:d service staiio�e at 365, 367, 371 Sneidi Nortl�. Commissioner Gordon wanted the record to show that one of the buiidings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condition and also is considered to be of historic value. He commented that he and other committee members were concemed about what would happen to those two properties, especially the 4- plex in connection �vith maintaining low and moderate income housing in that neighborhood. The Committee received a representation from the applicant that the 4-plex would be relocated elsewhere in the neighborhood; it would not be destroyed. The duplex may well be deshoyed. The motio�: o�: tlee floor carried �uiaaimously oia a voice vote. �9$OSZAabih Ami¢i - Determination of similar use that an art gallery is similar to other B-I uses at 244 ASbert. (Beth Bartz, 266-6580) MOT10N: Co�nmissioner Vaught moved approval of t7�e requested detenninatioii of similar use, wit/t conditions, tha[ an ar1 gallery is sin:ilar ta other B-I uses ar 244 Albert carried `,/ ur�animous[y on a voice vote. � � -� �y • ZONING COMMITTEE STAFf REPORT FILE # 98-051 1. APPLICANT: )EROME LACROIX AND WILLIAM DUNNIGAN III DATE OF 4iEARIMG: 04/02/98 2. CIASSIFICATION: Rezoning 3. LOCATION: 365-367 and 371 North Smith 4. PLANNING DISTRICT: 9 5. LEGAL DESCRIPTfON: Lots 4 and 5, Block 3; Samuel Leech's Addition to the 7own of Saint Paul 6. PRESENT ZONING: RT-t ZONING CODE REFERENCE: §64.40� 7. STAFF iNVE5TIGATION AND REPORT: pA7E: March 23, 1998 BY: Beth Bartz 8. DATE RECEIVED:03102l98 DEADLINE FOR ACTION: OS/01/98 A. PURPOSE: Rezone the properties from RT-2 to B-3 to allow expansion of an existing auto repair and service station. B. PARCEL SIZE: Each of the parcels is 50.84 feet wide and 173.4 feet deep (or a total area of 17,631 • square feet. C. EXISTING LAND USE: There is a four-plex residential structure at 365-367 N. Smith and a duplex at 3J1 N. Smith. D. SURROUND�NG LAND USE: North: An existing auto repair and service station in a B-3 district. East: Single family and duplex structures in an RT-2 district. South: Single family and duplex structures in an RT-2 district. West: Single family and duplex structures in an RT-2 district. E. ZONING CODE CITATION: Section 64.400(a? states in paR that "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review distrid boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of The area of the property to be rezoned." F. HISTORY/DISCUSSION: There is no previous history on these parcels. � G. DISTRfCT COUNCIL RECOMMENDATION: District 9's meeting schedule will not allow them to take an official position on this rezoning prior to the Aprii 2 public hearing. Zoning File #98-051 Page 2 H. FINDINGS: Erna Salmonsen, proprietor of Grand & Smith Mobii, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex (365-367) to provide additio�al parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applicant believes that the additional area wi!! relieve congestion and confusion on the site, provide for more orderly storage of vehicles waiting to be serviced, and allow service trucks to be stored indoors when not fn use. The app(icant does not p(an to expand either the service station itself or the number of pumps on site. 2. Section 60.544 (t8) of the Zoning Code permifs automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeTing all of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. 3. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues indude buffering and setbacks as well as use of the 365-367 parcel tor both residential and commercial use. Therefore, the proposed sfte plan cannot receive administrative approval. C� 4. The rezoning is consistent with the Saint Pau! Housirtg Policy for the 1990s. Policy 39 states: • "Identify specific areas of incompatible iand uses that detrad from residentiai quality in the city and seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private eftorts that strengthen the edges between residential and other la�d uses." This partially residential block on Smith lies behveen substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of I-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street conneding these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirab(e residential area. Resolving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west, 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residential and commercial uses exist. 6. The rezoning is consisrent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expansion of United Hospital to the northeast. West Seventh is also experienci�g redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the south. High traffic volumes on Smith and tfie small triangular block created by the layout of Grand, West Seventh and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on adjacent properties if appropriate landscaping and screening is-installed on the south and west sides of any development of the property to shield the � residential uses there. �� ``� Zoning File #98-051 Page 2 ✓ H. FINDINGS: Ema Salmonsen, proprietor of Grand & Smith Mobi�, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex (365-367) to provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are bei�g made to relocate the fourplex to another site. The applicant belieyes that the additional area will relieve congestion and confusion on the site, provide for more orderly storage of vehicles waiti�g to be serviced, and allow service trucks to be stored indoors when not in use. The applicant does not plan to expand either the service station itself or the number of pumps on site. 2. Section 60.544 (18) of the Zoning Code permits automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potentia! of meeting all of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside srorage. 3. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues indude buffering and setbacks as well as use of the 365-367 parcel for boih residential and commercial use. Therefore, the proposed site plan cannot receive administretive approva4. 4. The rezoning is consistent with the Saint Paul Housing Policy for the 1990s. Policy 39 states: "�dentify specific areas of incompatible land uses that detract from residential quality in the city and � seek opportuni[ies to resolve these land use conflicts through acquisition, redevefopment, and support of private efforts that strengthen the edges between residential and other land uses ° This par(ially residential block on Smith lies between substantia{ commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of {-35f with access a short distance away on Grand Avenue and the re�onstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving this conflict by rezoning to a similar commercial ievel as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west. 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residential and commercial uses exist. 6. The rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expansion of U�ited Hospital to the northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the soufh. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficul[ situation to sustain residential use on Smith Avenue. The rezoning will not fiave an adverse impact on adjacent properties if appropriate landstaping and screening is installed on the soutfi and west sides of any development of tfie property to shield the residentia{ uses there. J % PETITION TO AMEND THE ZONING CODE Departmeni of Planning and Economic Development Zoning Section Il D� City� Hall Anner 25 Wesr Fourth Srreer Saini Paul, MA' S5102 266-6589 APPLICANT PROPERTY LOCATION �� a�� : �� - �.� ' ,�, i �' ': Cify st. Paul gt MN Zjp 55102 Daytime phone Contact person (if different) Erna Saimonsen 222-2993 Address/Location 365 - 367 Smich Ave. Norch Legaldescription Lot 4, Block 3, Samuel Leech's Addition to the Town of St. Paul (attach additional sheet if necessary) � TO THE HONORABLE MAYOR AND CITY COUNCIL: • Pursuant to Section 64.40D of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, william J. Dunnigan zIZ , the owner of alI the land proposed for rezoning, hereby petitions you to rezone the abovs described property from a x'r-2 zoning district to a B-3 zoning district, for the purpose of: Removing the existing du��ex, building a 40 x 50 foot garage for the storage and service of � trucks, and using the remaining area for parking. The nroperty is being acquired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobi1, located at 236 Grand Avenue. (aftach additional sheet(s) if necessapy) Attachments: Required site plan IJ� Subscribed and sworn to before me this /p�` day of �✓r /' , 19� X GfJ�,�,� �(d�_�,� By x �LQ ticl�e<� �� vr��. ._ Fee owner of property Titie: Page 1 of �_ Notary Public >� A4ICHAELG.BIACK „� "j �i NOTARY Pl1u�IC • M4hNESQTA �`-'`' f,yConmusstonEzpires.W+�� Consent petition L�1 Affidavit � • o �g.�c.y • Zoning File #98-051 Page 3 8. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet ot the property stating support for the rezoning (21 parcels eligible, 14 required, and 14 signed). STAFF RECOMMENDATION: Based on findings 1 througf� 2 and 4 through 7, staff recommends approval of the rezoning petition. � U C� / SAfNi i .,,�� I� '11A11A � PET(TtON TO AMEND THE ZONING CODE Departmenr of Pfanning and Economic Development Zoning Sectiorr II00 City Hal! Annex 25 West FourOr Street Saint Paul, MN SSIO2 2b6-6589 APPLICANT City St. Paui gt MN Zj 55102 Daytime phone Contact person {if different} Erna Salmonsen 222-2993 P�Ope(ty OWnef William J. Dunnigan III / Erna Salmonsen AddreSS 266 Mackubin Avenue PROPERTY Address/Location 365 - 367 Smith Ave. North LOCATION g p Lot k , Le ai descri tion , Block 3 Samuel Leech's Addition to the Town of St. Paul_ (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND CiTY COUNCIL: � Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, William J. Dunnigan III , ihe owner of alf the land proposed for rezoning, hereby petitions you to rezone the above described property from a xT-2 zoning district to a B-3 zoning district, fior the purpose of: � Removing the existing du��ex, building a 40 x 50 foot garage for the storage and service of �:3o trucks, and using the remain3ng area for parking. The nroperty is being acquired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 236 Grand Avenue. (attach additional sheef(s) if necessa ) ,_,.,/ � Attachments: Required site pian � Consent petition t� Affidavit Subscribed and sworn to X � before me this � day B �c� (� Q�,,, -',_ of l� y� /� , � g� Fee owner of property Title: Notary Public s .�••---_.____ g,.;=;.•-, A4ICHAELC.BLACK � �'"' �' NOTARY PUGLiC - MIA'NES07A _... � M • k V VN^. Page 1 of 1� a�-?�`f � � PE'�ITION TO AMEND TIiE ZONING CODE •� Department of Planning and Economic Dwelopment Zoning Section IZ00 City Hal! Annex 25 West Fourth Street Saint Paul, MN SSIO2 266-6589 APPUCANT PROPERTY LOCATION r.sl • TO THE HONORABLE MAYOR AND ClTY COUNCtL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, .rerome 5. Lacroix , the owner of all the fand proposed for rezoning, hereby petitions you to rezone the above described property from a RT-2 zoning district to a$ zoning district, for the purpose of: Removing the existing duplex, building a 40 x 50 foot garage for the storage and service of tow trucks, and using the remaining area for parking. The pro- perty is 6eing acquired by E-na Salmonsen, who intends to add it, along with the property at 365 - 367 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 326 Grand Avenue. � (attach additiona/ sheet(s) if necessa ) _/ �/ Attachments: Required site pian � Consent petition !� Affdavit Ld' Subscribed and sworn t� before me this � day of __Z��i��, '19�� otary Public °��"��y Property Owner.rerome S. Lacroix(Erna Salmonsen A/'IfIfPRS 371 Smith Avenue North City St. Paul St. MlvZip 55102 Daytime phone �22-2993 Contact person (if different) Erna Saimonsen 222-2993 Address/Location 371 smith Avenue Norch Legal deSC�ipti0n Lot 5, Block 3, Samuel Leech's Addition to the Town of St. Paul (attach addrtrona/ sheet if za��$ �� , ��e �a �� Fse �°�.- S -�: �Stf�S'f1Y � fl#'ICj t'�� „ 2 � ,� Titie: .v::.PN�:. : .b . .4^.r\h a�t:�. _ �..b:`. .: �, J06.'rJ A. PROiCO? � � R �Q7p � ._� RA?.'SEyCOUN7Y �'/ Cc.r.�!w'on "cxp:; es Jati 3t, Y_� S i-r.v � .n^ r��r.w:.n , •.t�.�.v��nti^rrr:,w . Page,�of r7 ��c��D C�o Black ��C� ��C�C� b�C�o.l February 19, 1998 Ms. Kady A. Dadlez St. Pau2 Departmeat 25 West 4th Street St. Paul, Minnesota Suite 201 265 W. 7th St. (Fort Road) St. Paul, Minnesota 55102 (612) 222-2587 FAX: (612) 222-2589 HAND DELIVERED of Planning & Economic Development 55102 Re: Re�oning Application for property at 365-367 and 371 Smith Avenue North Dear Ms. Dadlez: I enclose with this letter the Following materials related to the rezoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunnigan for the property at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacroix for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by Yust Architectural Services, showing how the two lots will be incorporated into my client's business. The four-plex at 365-367 Smith Avenue North will remain until appro- priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed and a new garage build- ing built at the rear of that lot. A new carb cut will also be installed at 371 Smith Avenue North and the Iot will 6e paved for a parking 1ot. 4. Ten pages of consent forms signed by neighboring property owners. These consent forms cover 14 of the 2Z property owners within 100 feet of the properties, as identified in the report prepared by your office. 5. Affidavit of Petitioner signed by Jerome Lacroix. 6. Affidavit of Petitioner signed by William Dunnigan. 7. Three Affidavits of persons circulating the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, all of whom were involved in obtaining the consent signatures. � • • ��c�I��c�Il C�o Black �� Oo ff ��c� ��1 February 19, 1948 q8'-�cy su�te zol 265 W. 7th St. (Fort Aoad1 St. Paui, Minnesota 55102 (612) 222-2587 � FAX: (612) 222-2589 HAND DELIVERED Ms. Kady A. Dadlez St. Pau.� Aepartment o� Planning b Ecanomlc Aevelapment 25 West 4th Street St. Paul, Minnesota 55102 Re: Rezoning Application for property at 365-357 and 371 Smith Avenue North Dear Ms. Dadlez: I enclose with this letter the following materials related to the rezoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunni�an for the property at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacroix for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by Yust Architectural Services, showing how the two lots will be incorporated into my client's business. The four-plex at 365-367 Smith Avenue North will remain until appro- priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed and a new gar�ge build- ing built at the rear of that loc. A new curb cut will also be installed at 371 Smith Avenue North and the lot will be paved for a parking lot. 4. Ten pages of consent forms signed by neighboring property owners. These consent forms cover 14 of the 21 property owners within 100 feet of the properties, as identified in the report prepared by your office. 5. Affidavit of Petitioner signed by Jerome Lacroix. 6. Affidavit of Petitioner signed by William Dunnigan. 7. Three Affidavits of gersons circulating the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, all of whom were involved in obtaining the consent signatures. � � °I�'?�y Ms. Kady A. Dadle2 Page 2 • February 19, 1998 &. A copy of my client's purchase agreement with William and Maureen Dunnigan for the property at 365-367 Smith Avenue North. 9. A copy of the purchase agreement between my client and Jerome Lacroix for the purchase of the property at 371 Smith Avenue North. 10. My client's check in the amount of $670.00 payable to the City of St. Pau1 for the zoning application fee. 11. A Statement Supporting Rezoning Application prepared by my office to support this application. Based on the schedule of ineetings which you provided to me, I understand that the cut-off date for this petition is March 2, 1998, and that notices wi11 be mailed on March 14, 1948. The application wi11 come before the zoning committee for a public hearing on April 2, 1998 and be- fore the full planning commission on April 10, 1998. You have advised me that the City Council meeting for approval of the application is usually scheduled approximately three weeks after the planning commission meeting. I also understand that my client must submit a Special Condition • Use Permit Application relating to my client's current property at 236 Grand Avenue, and that this application will be handled on a staff level. Please advise me as to the proper timing to file this application. Thank you for your assistance in this matter. Sincerely, %y'�'"�� ✓�� Michael C. Black MCB/mmb ENC: cc: Erna Salmonsen • STATEMENT IN SUPPORT OF REZONING APPLICATION Erna Salmonsen has operated Grand & Smith Mobil as a sole pro- • prietorship at 236 Grand Avenue in St. Paul since 1984. Her sons, Wes and Dave, also work full-time at the service station. The business has expanded gradually over the years. In addition to selling retail gasoline and related products and a full service repair shop, 6rand & Smith Mobil also has a drive- through car wash and a thriving towing business. The towing business consists of six tow trucks. The business occupies a 26,000 square foot site at the southwesi corner of Grand Avenue and Smith Avenue North. The entire property is paved with asphalt, At the present time, all the husiness' vehicles are parked outside on the property, along with any number of vehicles which the repair shop may be working on. This creates congestion in the parking lot for retail customers of the station. Additional area is needed for the storage of vehicles. • Ms. Salmonsen has entered into purchase agreements with William and Maureen Dunnigan and Jerome Lacroix £o'r the purchase of 365-367 Smith Avenue North and 371 Smith Avenue North, respectively. Both of these properties presentZy have multi-family housing units on them. 365-367 Smith Avenue North has a victorian era four-plex which is presently rented to residential tenants. 371 Smith Avenue North is a duplex, one-hal£ of which is occupied by Mr. Lacroix. The four-plex has unique architectural features and is worth preserving. Ms. Salmonsen`s plan is eventually to remove both buildings and expand the parking lot of her business to encompass the entire area. She also plans on constructing a one-story garage bui2ding, measuring 40 feet by 50 feet, for the storage and service of three flat-bed tow trucks used in the service station. For the moment, Ms. Salmonsen plans to remove the duplex property ae 37I Grand Avenue and build a garage building at the rear of that lot. The • °I g _��`� STATEMENT IN SUPPORT OF REZONING APPLICATION Erna Salmonsen has operated Grand & Smith Mobil as a sole pro- �/ prietorship at 236 Grand Avenue in St. Paul since 1984. Her sons, Wes and Dave, also work full-time at the service station. The business has expanded gradually over the yeais. In addition to selling retail gasoline and related products and a fu11 service repair shop, Grand & Smith Mobil also has a drive- through car wash and a thriving towing business. The towing business consists of six tow trucks. The business occupies a 26,000 square foot site at the southwest corner of Grand Avenue and Smith Avenue North. The entire property is paved with asphalt. At the present time, all the business' vehicles are parked outside on the property, along with any number of vehicles which the repair shop may be woxking on. This creates congestion in the parking lot for retail customers of Che station. Additional area is needed for the storage of vehicles. Ms. Salmonsen has entered into purchase agreements with William and Maureen Dunnigan and Jerome Lacroix for the purchase of 365-367 Smith Avenue North and 371 Smith Avenue North, respectively. Both of these properties presently have multi-family housing units on them. 365-367 Smith Avenue North has a victorian era four-plex which is presently rented to residential tenants. 371 Smith Avenue North is a duplex, one-half of which is occupied by Mr. Lacroix. The four-plex has unique architectural features and is worth preserving. Ms. Salmonsen's plan is eventually to remove both buildings and expand the parking lot of her business to encompass the entire area. She also plans on constructing a one-story garage building, measuring 40 feet by 50 feet, for the storage and service of three flat-bed tow trucks used in the service station. For the momenC, Ms. Salmonsen plans to remove the duplex property .,..� at 371 Grand Avenue and build a garage building at the rear of that lot. The J m �� four—plex will remain until it can be relocated to a suitable 1ot. 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PF'' f . e � � v oi4�O�� 4�,� O � � { ¢ �"1� _ G 1 �- > } �___ ��N d _! , p t� �� : � / -'�� / . ; . -' . . i1 � • ,/ i s ; � ' t Fhrk+iN{ �"4'� 4 ! . ,� J � � �w� .��y ,. P q�' � �� ko-� �� ` G�� ( C� GRAN D � ' p � � i a. ��L�]� avEn1UE � � e 1 �.._.._ ..°�` �� .. ■a�� .,. . f n�r�ic�r�TLd.CI'A��t'p�n�. _,.1/,K�e�na �� }a'bth, P � pOS` �'�,A� ��_ t��'� zoning district boundary � � � d DATE � subject property nor,h FILE ,; ^ PLftG. DIST.� MAP ;f ��,L.. T^� o one family •�^ comrr,erc�2l I � � � ttvo fami!y � r.. indu5!riof SCl,LE t" = SGO' � � multiple fami!y V vacar�� M �r.�zr��- � 4 MenitAl O�F;cc � Council File # 98-764 ��V�� Presented By Refened To RESOLUTION �INT PAUL, � � GreenSheet# 62173 Committee: Date 2 WI�REAS, Jerome LaCroix and Wiliiam Dunnigan, in Zoning File 98-051 and 3 pursuant to Minn. Stat. § 462.357 and Saint Paul Legislative Code § 64.400, duly petitioned the 4 City of Saint Paui to re-zone certain pazcels of property commonly known as 365-367 and 371 5 North Smith,legally described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town 6 of Saint Pau1, from RT-2 to B-3 for the purpose of pernutting reuse of the properiy to wit to 7 allow expansion of an existing auto repair and service station; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a� as 29 30 31 32 33 34 35 36 37 38 WHEREAS, the petition was certified by the Planning Division on March 2, 1998 as having been consented to by at least 2/3 of the owners of the area of the property to be r�zoned, and further having been consented to by at Ieast 67% of the owners of the properry situated with3n 100 feet of the total contiguous property within one year preceding the date of the petition; and WI�REAS, the Zoning Committee of the Saint Paul Plamiiug Commission (Commission) conducted public hearings on Apri12, 1998 and April 16, 1998 for the purpose of considering the petition and, pursuant to Saint Paul Administrative Code§ 107.03, submitted a recommendation to the Commission that the petition to re-zone be granted; and WHEREAS, the Commission considered the re-zoning petition at its meeting held on Apri124, 1998 and recommended, for the reasons stated in Commission Resolution No. 98-30, that the City Council grant the petition; and WHEREAS, a no6ce of public hearing on the said re-zoning petition before the Council of the City of Saint Paul were duly mailed to each owner of affected property and property situated wholly or partially within 350 feet of the property sought to be re-zoned and published in the official newspaper of the City on Mazch 25, 1998; and WHEREAS, the City Council has considered the matter of ihe application on May 27, 1998, June 10, 1998 and July 22, 1998, and has conducted a public hearing where all interested parties were heazd, the Council, having considered the facts and the recommendation concerning this petition, hereby makes the following findings: The District 9 P1an, which was incorporated into the City's Comprehensive Plan on March 13, 1980, states that commercial development should be encouraged along West Seventh and on Randolph east of West Seventh and that residential areas in the district should otherwise be protected from encroachment by incompatible commercial or industrial uses. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 t a�-�c��, 2. The proposed rezoning and the commercial expansion wluch will occur as a result of the re2oning will encroach upon and remove residential housing. The proposed rezoning is therefore inconsistent with the 1and use plan for District 9 which calls for the protection ofresidential areas. NOW, THEREFORE, BE IT RESOLVED, that based upon the above stated findings, the application to re-zone property commonly known as 365-367 and 371 North Smith, legally described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul, as contained in Zoning File 98-051, is in all things denied; and BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution the Zoning Administrator, the Planning Commission and to the applicants: Jerome LaCroiY and William Dunnigan. 4RIGINAL Requested by Department of: By: � _� Approved by By: Foxm Appr by City Attorney B �G��-. a'-l/- i� Approved by Mayor for Submission to Council By: Adopted by Council: Date �C\� 1@ ��\,� W Adoption Certified by Council Sec tary Gouncil Councilmember Coleman SOTAL # OF SIGNATURE PAGES GREEN SHEET oer,n,�rowECrw ��' �� No 62173 inX1aUUW arvm�nca FoR ❑ rnrwnawEr ❑ anclauc ❑ NW1CYLLiFRY1GGF9pR ❑ ALIKNLfFNVI�CLTC ❑wroRtonAwsr�xn ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Resolution finalizing City Council action taken July 22, 1998 denying the application of William Dunnigan to rezone property for expansion of an existing auto repair and service station at 365-367 and 37l Smith Avenue North. PLANNING CAMMISSION C18 COMMlTTEE CIVIL SERVICE CAMMISSION Hd•7.Zd�i7' Fiss tnis ce�soNfirm ever wronced under a conbact r« uiicc aeaenmenn VES NO tWSthie pe�soMtm ever nean a cfly emvbvee� YES NO Dces this ParsoNfirm D�asess a s16U not nartne�NP�� bY anY curtent cih emPbyee? YES NO Is Mis personfirm atarpeteavenaorr YES NO COST/REVENUE BU�QET@ (dRCLE ON� NNDING SOURCE ACTNITY NUMBER YES NO -INFNGIPIINF�RMATON (O(PWN) OFFICE OF Tf�E CITY ATTORNEY �p �1 �� Clayton M Rabinson, Jn, CiryAttorney � � CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 400 City Hall I S West Kellogg Blvd Saint Paul, Mir+nesoW 55102 Telephone: 657166-8710 Facsimile: 651298-5679 C �Is.�iv�l 3''st`��'G; .%: l.v� �',v: AUb St IZ, 199H QL� � `� �d�€� Nancy Anderson Council Secretary 310 Ciry Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Application of Jerome LaCroix and William Dunnigan Zoning File No: 98-051 City Council Action Date: 7uly 22, 1998 Dear Ms. Anderson: Attached please find a signed copy of a resolution memorializing the decision of the Saint Paul City Council to deiry the subject application to rezone property. Wou1d you please haue this resolution placed on the Council's Consent Agenda at your earliest convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, i L��rZgi� Peter� arner Assistant City Attorney PWW/rmb Enclosure cc: Councilmember Coleman DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CITY OF SAIl�1T PAUL Norrn Coleman, Mayor May 13, 1998 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: I would like to confirm that a public hearing before the City Council is scheduled for Wednesday May 27, 1998 for the following zoning case: Applicant: WILLIAM DLJNNTGAN File Number: #98-051 Purpose: Rezone property from RT-2 (Townhouse Residential Dish-ict) to B-3 (General Business District) for expansion of an existing auto repair and service station. Address: 365-367 SmithAvenueNorth Legal Description of Property: Lot 4, Block 3, Samuel Leech's Addition to the Town of Saint Paul Previous Action: Planning Commission Recommendation: Approval, vote: unanimous, Apri124, 1998 Zoning Committee Recommendation: Approval, vote: 7-0, April 16, 1998 My understanding is that this public heuing request will appear on the agenda for the May 20, 1998 City Council meeting and that you will publish notice of tl�e hearing in the Saint Paul Legal Ledger. Please call me at 266-6580 ifyou have any questions. Sincer , Beth Bartz City Planner cc: File #98-051 Paul Dubriel Pattie Kelley Divi.tton of Pbivting 25 Wes! Fourth Street Soi�a Pout, MN 55102 (q � + � G TelepFwne: 612-266-6565 Facsimite: 612-2283314 � r� � t Ga!;.�'s: r:es�w: �:: �.;� �� I�I�Y 1 � �� . •Frrzsyx�nv• xaric� oF rvarac xEEnxnv� The Saint Paul GYty Council m71 mnduct a public hearing on Wednesday, May 27, 1995 at 5:30 p.m. in the City Council Chaznbers, Third Floor City Hall-Court House, to consider the application of Williazn Dunnigan to rezone property from RT-2 lTo�✓nhouse .Residentiai Disirictj to B-S (General Business DistriM) for expansion of an exisYing auto repair and service staHOn at 365-367 Smith Avenue North. ' - Datedd May 13, 1998- . � _— _ ._ . _ _ _ 13A1dC'Y ANDERS6P - - — - - Asststant C.Yty Councit Secretary - � . - - ' - - fD7ay 16. t 988) - ��.��'� city of saint paul �planning comrnission resoiution file number 98-30 �te April 24, 1998 ��iHEREAS, Jerome Lacrax and W+Iliam Dunnigan, file #98-051, has appiied for rezoning 365-367 and 371 North Smith from RT-2 to B-3 under the provisions of Section 64.400 of the Saint Paul Legislative Code, for the purpose of expansion of an existing auto repair service station, legafly described as lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul; and WHEREAS, the Zoning Committee of the Planning Commission on 4l2/98 and 4/16198 held a pubiic hearing at �vhich alf persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paui Legisfative Code; and WHEREAS, Saint Paui P{anning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially ref4ected in the minutes, made the fo4lowing findings of fact: 1. Erna Salmonsen, proprietor of Grand & Sm+th Mobil, is the contract purchaser of both � properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; )erome lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex i365-367) to provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applicant believes that the additionaf area wili relieve congestion and confusion on the site, provide for more orderiy storage of vehicies waiting to be serviced, and aliow service trucks to be stored indoors when not in use. The applicant does not pfan to expand either the service station itself or the number of pumps on site. Section 60.54A (18) of the Zoning Code permits automobi{e service facilities as permitted uses subject to special conditions in the B-3 zoning distrid. The proposed site has the potential of meeting all of the required conditions related to minimum lat size, landscap+ng, indoor repair work, and outs+de storage. 3. The psoposed site plan does not meet the required conditions for a Special Conditional Use Perm+t. lssues inc4ude buffering and set6acks as well as use of the 365-367 parcef for both residential and commercial use. Therefore, the proposed site plan cannot receive administrative approval. moved by Vaught seconded by ' in favor Unanimous against Pianning Commission Resolution, File #97-051 Page 2 4. The rezoning is consistent with the Saint Paul Housing Polic}� for the 1990s. Policy 39 states: "ldentify specific areas ot incompatible land uses that detract from residential quality in the city and seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private efforts tl�at strengthen the edges between residential and other land uses." This partiafly residential block on Smith ties between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of I-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving this conflict by rezoning to a similar commercial Ieve! as Grand and West Seventh is appropriate and provides a stronger edge to the residentiai area to the west. 5. The Disirict 9 plan, adopted in 19&0, indicates this block is desig�ated as residentia! w/some commercial interspersed. Grand is designated as a minor arterial similar to West SevenTh. The plan also states buffers should be developed where conflicts beTween residential and commerciaf uses exist. �� 6. The rezoning is consistent and compatibie with the way the area has deve(oped. Grand Avenue between I-35E and West Seventh Street has seen significant commerciai redeve�opment since the opening of the interstate and major expansion of U�ited Hospital to � the northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the south. I-tigh traffic volumes on Smith and the small triangular block created by the layout o{ Grand, West Seventh and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning avill not have an adverse impact on adjacent properties if appropriate landscaping and screening is insta!!ed on the south and west sides of any development of the property to shield the residential uses there. 8. The appGcant submitted a sufficient petition of twathirds of the property owners within one hundred (100) feet of the property stating support for the rezoning {21 parcels efigible, 14 required, and 14 signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paui Planning Commission, that the petition of JEROME LACROIX AND WILLIAM DUNNiGAN to rezone property at 365-367 and 371 Smith more particulariy described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul from a RT-2 zoning ciassification to 6-3 zoning classification is consistent with the Comprehensive Plan for the City; and SE IT FtJRTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Pau! that property located at 365-367 AND 371 SMITH by rezoned by RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Development. . � � y Planning Commission Resolution, File #97-051 Page 2 4. The rezoning is consistent with the Saint Paul Hous+ng Policy for the 1990s. Policy 39 states: "ldentify specific areas of incompatible land uses that detract from residential quality in the city and seek opportunities to resolve these land use conflicts through aGquiSitian, fedevelopm�nt, aijc) suppert o( pr(vate e((orts that strengthen the edges between residential and other land uses." This partially reside�tial block on Smith lies between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of f-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two ma}or traffic routes. The amount of treffic and the narrowness of the street create an undesirable residential area. Resolving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west. 5. The District 9 pfan, adopted in 1980, indicates this block is designated as residentiai wisome commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residential and commercial uses exist. ,/ 6. The rezoning is consistent and compatibie with the way the area has developed. Grand Avenue between 1-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expansion of United Hospitai to the northeast. West Seventh is also experiencing redevelopme�t, most notably in this area with the recanstruction of the Salvation Army building to the south. High traffic vofumes on `J Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficuit situation to sustain residential use on Smith Avenue. 7. The rezoning will noi have an adverse impact on adjacent properties if appropriate landscaping and screening is installed on the south and west sides of any development of the property to shield the residential uses there. 8. The applicant submitted a suff+cient petition of two-thirds of the property owners evithin one hundred (100) feet of the properiy stating suppoR for the rezoning (21 parcels efigibie, 14 required, and 14 signed). NOW, THEREFORE, BE iT RESOLVED, by the Saint Paul Planning Commission, that the petition of JEROME LACROIX AND W�LLIAM DUNNIGAN to rezone property at 365-367 and 371 Smith more particularly described as Lots 4 and 5, 61ock 3; Samuei Leech's Addition to the 7own of Saint Pauf from a R7-2 zoning classification to B-3 zoning classification is consistent with the Comprefiensive Pian for the City; and BE I7 FUR7HER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Councii of ihe City of Saint Paul that property 4ocated at 365-367 AND 371 SMITH by rezo�ed by RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Deve{opment. �� MINUTES OF THE ZONING COMMfTTEE Thursday, April 2, 1998 - 3:30 p.m. City Counci! Chambers, 3rd Floor • City Hall and Court House 'I5 West Kellogg Boulevard PRESENT: ABSENT: OTHERS PRESENT: Chavez, Faricy, Field, Gordon, Kramer, Vaught and Wenc1 Morfon (excused) ��~�� Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Kelfey, Roger Ryan, and Jim Zdon of PED. The meeting was chaired by Commissioner Field. JEROME LACROIX AND WILLIAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and service station for properties focated at 365-367 and 371 N. Smith. Beth 8artz presented slides and the staff report recommending approval of the rezoning petition. She explained this is a similar situation to a previous item pertaining to expansion of a service station and the Committee could consider similar language if they so choose. Upon questions of Commissioner Gordon, Ms. Bartz said it is her understanding the app{icant is working with the District 9 Community Council on efforts to relocate the fourplex to another site. Ms. Bartz stated � the applicant's representative indicated the applicant's desire to remove the fourplex for future parking needs, but because of its architectural character wiH make efforts to preserve it. Commissioner Gordon questioned if this Committee has the authority to rezone only one of the two lots requested and to require that the fourpiex be moved to the lot where the dupiex is presently located as a condittion. Assistant City Attorney Peter Warner stated he would review this far the Committee. Upon question of Commissioner Kramer, Mr. Warner explained that rezoning actions of the Zoning Committee are in the nature of a recommendation to the Planning Commission and City Council. Ms. Sartz stated staff received two separate applications for the rezoning, one for the 365 & 367 Smith parcel and one for the 371 Smith parcel, and she noted for the purpose of presenting the staff teport they were consolidated. Upon question of Commissioner Chavez, Ms. Bartz said the statement of support for the rezoning application was submitted by the applicar+t. Commissioner Chavez referred to one of the rezoning consent forms that has a signature but is a blank form, and Roger Ryan indicated the consent forms were received by staff in one packet. Chair Fieid said he does not have a copy of the actual applications, and Ms. Bartz indicated she has them in her file. Mike Bfack, attorney representing Erna Salmonsen, appeared and said they submitted two applications , at staff's recommendation and were alfowed to pay only one application fee. He stated the appiicants spoke with Betty Moran at the District 9 Community Counci( about their interest in this property and development issues, and Ms. Moran indicated her interests to save the fourpiex and moving the fourpiex Zoning Committee Minutes P:pril 2, 1998 LaCroix/Dunnigan (98-059) Page Two � to a residenfia! lot in keeping with the Fort Roed Federation's housing poficies. He said Ms. Salmonsen's business is such that she can use both properties and has offered to purchase them. Mr. Black said this is a very active repair business, and in referring to the site plan said it was prepared withouY inpUt from staff on issues relating to special conditions, such as the setbacks and the buffers. He said some of those issues have been pointed out to them by staff in the process of looking at the appiication, and his client is willing to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been idenYified for relocation of the fourplex, and Mr. Black said Ms. Moran has one in mind and if's fiis understanding someone with an open lot in the neighborhood has been approached. Commissioner Gordon asked Mr. B(ack's opinion to rezoning the lot that the fourplex now is on for business but not rezone the dupiex lot wh+ch wouid then enable the applicant to move the fourplex to where the duplex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the appficanf is making a significant investmenf in acquiring this property, and would prefer the use of both lots for the service station use. Mr. Black further stated if the decision was made that she had to move the fourplex onto Yhe duplex lot, she would have to reassess the purchase because fhat is really not her purpose for doing this. At the question of Commissioner Gordon, Ms. Salmonsen indicated her commitment that the fourplex will not be destroyed or demolished and to have it moved to a lot within the neighborhood. • No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition To the permit. She stated she was approached by an employee of the Mobii Station in February and was handed a form to sign for rezoning. She noticed there were four other names on the form, and she said she toid the employee that she wou(d look into it furfher and fet fhem know whether or not she wouid sign the form. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were ali informed differently of would happen wi?h t�is �roperty. She said she has owned iier home since 1996, and the area is improving al( the time. Ms. Brooks also noted that soon after being contacted by the Mobil 5tation, she was contacted by the 5alvation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further re(erred to information she obtain through the Police Department's Office of Research amd Development indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding this rezoning. Ms, Brooks said she believes this expansion is for the AAA business out of the Mobil Station, and although there is traffic congestion, the larger part is due to the growth of the AAA business. Ms. Brooks submitted letters from others who were unab(e fo aftend today's meeting which rafer to aititudes of empioyees and the owner toward the neighbors, and she stated this is nof a friendiy neighborhood community caring business, and nothing will be gained by moving the fourplex and tearing down the duplex. Upon questions of Commissioner Vaught, Ms. Brooks said when she was presented with the zoning consent petition and asked to sign it, she was totd thaf the fourplex wou(d remain, the duplex would stay, and the parking lot would be put around in back of the duplex because they were unable to purchase fhe � fourpfex. She a(so reiterated that she did not sign the petition, and that she does not purchase her gas from this Mobil Station. At the question of Commissioner Chavez, Ms. Brooks said the AAA portiort of the business is growing, and she has seen 6oth flaf and tow frucks at this location. Zoning Committee Minutes A'pril2, 1998 LaCroixlDunnigan (98-051) Page Two a�� ?�`� to a residential lot in keeping with the Fort Road Federatio�'s housing policies. He said Ms. Salmonsen's business is such that she can use both properties and has offered to purchase them. Mr. Black said this is a very active repair business, and in referring to the site plan said it was prepared without input from staff on issues reiating to special conditions, such as the setbacks and the buffers. He said some of those issues have been pointed out to them by staff in the process of looking at the appiication, and his client is willing to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been identified for relocation of the fourplex, and Mr. Black said Ms. Moran has one in mind and iYs his understanding someone with an open lot in the neighborhood has been approached. b Commissioner Gordon asked Mr. Black's opinion to rezoning the lot that the fourplex now is on for usiness but not rezone the duplex lot which would then enable the applicant to move the fourplex to where the duplex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the applicant is making a significant investment in acquiring this property, and would prefer the use of both lots for the service station use. Mr. Black furiher stated if the decision was made that she had to move the fourplex onto the duplex lot, she would have to reassess the purchase because that is realiy not her purpose for doing this. At the question of Commissioner Gordon, Ms. Salmonsen indicated her commitment that the fourplex will not be destroyed or demolished and to have it moved to a lot within the neighborhood. No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition to the permit. She stated she was approached by an emp{oyee of the Mobii Station in February and was handed a form to sign for rezoning. She �oticed there were four other names on the form, and she said she toid the employee that she would look into it further and let them k�ow whether or not she would sign the form. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were all informed difEerently of would happen wi!h t"is property. She said she has owned iier home since 1996, and the area is improving all the time. Ms. Brooks also noted that soon after being contacted by the Mobii Station, she was contacted by the Saivation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further referred to information she obtain through the Police DepartmenYs O�ce of Research amd Deveiopment indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding this rezoning. Ms. Brooks said sfie believes this expansion is for the AAA business out of the Mobif Station, and aithough there is traffic congestion, the larger part is due to the growth of the AAA business. Ms. Brooks submitted fetters from others who were unable to attend today's meeting which refer to attitudes of empioyees and the owner toward the ne+ghbors, and she stated this is not a friendiy neighborhood community caring business, and nothing will be gained by moving the fourplex and tearing down the duplex. � Upon questions of Commissioner Vaught, Ms. Brooks said when she was presented with the zoning consent petition and asked to sign it, she was told that the fourplex wou{d remain, the duplex would stay, and the parking lot would be put around in back of the duplex because they were unable to purchase the fourp{ex. She also reiterated that she did not sign the petition, and that she does not purchase her gas from this Mobil Station. At the question of Commissioner Chavez, Ms. Brooks said the AAA portion of the business is growing, and she has seen both flet and tow trucks at this location. Zoning Gommittee Minutes fipril 2, 1998 LaCroixlDunnigan (98-051) Page Three \J q��``� Upon question of Commissioner Gordon, Ms. Brooks said she feeis a parking !ot 6y the Salvation Army would strongly impact this area because, i4 this rezoning is approved today, the neighborhood will then have two parking lots. Upon question of Commissioner Kramer, Ms. Brooks said no attachments to the petition were presented to her, but she did receive something {ater. She said she was not informed of what other types of businesses could be allowed in this facility, nor did she receive sections of the Zoning Code referred to in the petition. Ms. Howelis, 251 Forbes, appeared and spoke in opposition stating there has never been problems in this neighborhood. At the question of Commissioner Chavez, Ms. Howells said she feels she was tricked into signing the petition because she was toid they could not buy the fourplex and that the little duplex would be torn down and made into a parking lot. Upon question of Commissioner Vaught, Ms. Howells said the day she signed the petition she was not shown anything other documents. No one eise appeared. Mike Black sard he prepared a package consisting of the consent document, each of the applications, a copy of the site plan and photocopies of the Zoning Ordinance that has permitted uses in R-3 zoning, . which were all stapled together and provided to his client to distribute. He said why these two individuals state they were only provided the one sheet he cannot explain. However, Wes Salmonsen did some of the contact with the neighborhood and is present to speak to those two cases. Mr. Black stated there are different signature sheets because that was the way the package was organized to contact the many commercial property owners. Commissioner Kramer referred to a petition form in the packet that is blank without any information, and Mr, Black explained that is the signature page that was submitted to the Ffealth Span Heaith Systems. Later in the meeting, Ms. Salmonsen said she went to Health Span Health System and left a blank form, and at a iater time took over a fuil packet. However, the person she left it with had to go out of town due to a death in the family, and the person returned the biank form rather than the completed one which had been left {ater. Ms. Salmonsen also stated she spoke with Mrs. Howeils on the tefephone before her son went to her home and that she had explained what their plans were and asked how she feft about it. Wes Salmonsen appeared and stating he took the petition form to Ms. Howeils, and that he left with her the packet provided to him by Mr. Black. Mr. Vaught expressed concern whether or not there was misrepresentation at the time these items were presented. Bill Dunnigan, 266 Mackubin, appeared and spoke specifically to the recommendation of staff that rezoning would be consistent with the development in the area. He stated he's owned and managed the fourplex for the past ten years as a rental structure, and iYs becoming increasingiy difficult to attract good, viabfe tenants at this lacation. He aiso stated that afthough this structure does not have historicai preservation , stetus, it was bui(t between 1880 and 1890. No one else appeared, and the public hearing was ciosed. Zoning Committee Minutes April 2, 9998 LaCroix(Dunnigan (98-051) Page Four � Commissioner Vaught questioned the validity of the petition because it may not have enough signatures, and he referred to testimony of both Ms. Brooks and Ms. Howeils regarding the manner in which these signatures were secured. He said he has enough concern that he is moving to lay this matter over for two weeks for staff to recontact the people who signed the petition and ascertain what documents they were presented with at the time they signed the form, and to make judgement whether or not tfiey were obfained validly. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any problem with the people who work there. Fte said this business has 6een at this location for many years, and by making improvements to their buiiding are a part of the improvement of this neighborhood. He stated testimony he's heard today causes him concern about the validity of the supporting papers, and thaY he will support the motion for a layover for staff to verify the signed pefitions, the applicant to get a resigned peYition if they so choose, resolve concems regarding individuals who signed the petitions, and for Mr. Warner to determine whether or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he wil! support the motion for a layover, but he believes the burden shou(d not be o� sfaff fo recontact the people who signed Yhe petition. He said although he also has concem who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the intent of his motion is that staff wou(d do the recontacfing. He stated he is not satisfied witfi the job that was originally done, and testimony presented today persuades him that � there is at least an issue to the representations made on the petitions and documents. Chair Field said he will vote in support of the motion for a layover. He stated he's convinced that the app(ication is incompiete, and the applicant should also have the opportunity to abtain new petitions. He said given the controversy regarding the signatures, he agrees that staff should check the pet+tions. Commissioner Kramer suggested this matter be laid over untii there is a complete application, and Commissioner Vaught siated he is not prepared at this point to declare the application incornplete. At the request of Commissioner Wencl, Commissioner Vaught clarified his motion thaf staff will contact each of the fourteen people for verification af their signature and what fhey were shown when they signed, that staff wili then submit that information to this Committee, and an explanation on how a bfank petition was su6mitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have pertaining to the existing petition, and Mr. Warner said the law with respect to consents on rezoning petitions is somewfiat unclear. He stafed given the Appeilant Courts, the better thing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or appiication before the Committee and require the applicant to start the consent process ail over again. However, the Committes is not prohibited from engaging in some investigation to arrive at thaf conclusion. Upon question of Commissioner Wencl, Mr. Warner said pertaining to the goal of the appiicant to rezone a property, the applicant may go out and obtain new consents from ap of the property owners, and � alihough the people that consented the first time wouid consent the second time around, given the testimony, maybe they won't. Mr. Warner stated that with respect to verifying consent petifions, fhe (aw is clear in Minnesota that the burden is on the City Yo do thaf. Zoning Committee Minutes April 2, 1998 LaCroix/Dunnigan (98-051) Page Four ��_�� Commissioner Vaught quesfioned the validity of the petition 6ecause it may not have enough signatures, and he referred ta testimony of both Ms. Brooks and Ms. Howells regarding the manner in which these signatures were secured. He said he has enough concern that he is moving to lay this matter over for two weeks for staff ta recontact the peopie who signed the petitio� and ascertain what documents they were presented with at the time they signed the form, and to make judgement whether or not they were obtained valid{y. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any probiem with the people who work there. He said this business has been at this location for many years, and by making improvements to their building are a part of the improvement of this neighborhood. He stated testimony he's heard today causes him concern about the validity of the supporting papers, and that he wiil support the motion for a layover for staff to verify the signed petitions, the applicant to get a resig�ed petition if they so choose, resoive concerns regarding individuals who signed the petitions, and for Mr. Warner to determine whether or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he wili support the motion for a layover, but he believes the burden should not be on staff to recontact the people who signed the petition. He said although he also has concern who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the i�tent of his motion is that staff would do the recontacting. He stated he is not satisfied with the job that was originally done, and testimony presented today persuades him that there is at least an issue to the representatio�s made on the petitions and documents. Chair Field said he will vote in support of the motion for a layover. He stated he's convinced that the application is incomp4ete, and the applicant shouid also have the opportunity to obtain new petitions. F!e said given the controversy regarding the signatures, he agrees that staff shoufd check the petitions, Commissioner Kramer suggested ihis matter be laid over until there is a complete application, and Commissioner Vaught stated he is not prepared at this point to deciare the application incomplete. At the request of Commissioner Wenci, Commissioner Vaught clarified his motion that staff wiN contact each of the fourteen people for verification of their signature and what they were shown when they signed, that staff will then submit that information to this Committee, and an explanation on how a blank petition was submitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have pertaining to the existing petition, and Mr. Warner said the law with respect to consents on rezoning petitions is somewhat unclear. He stated given the Appe{lant Courts, the better thing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or application before the Committee and require the applicant to sta�t the consent process al! over again. However, the Committee is not prohibited from engaging in some investigation to arrive at that conclusion. Upon question of Commissioner Wencl, Mr. Warner said pertaining to the goal of the applicant to rezone a property, the app4icant may go out and obtain new consents from all of the property owners, and although the people that consented the first time wouid consent the second time around, given the testimony, maybe they won't. Mr. Warner stated that wifh respect to verifying consent petitions, tfie law is clear in Minnesota that the burden is on the City to do that. i . Zoning Committee Minutes April 2, 1998 LaCroix/Dunnigan (98-051) Page Five Commissioner Faricy calfed for the question, and it was seconded. Ro(I ca(f to close discussion. Adopted Yeas - 7 Nays - 0 Roll call on the motion for a two week layover. Adopted Yeas - 5 Nays - 2(KramedWencq Drafted by: f Pattie Keiley Recording Secre ary Subm' ed by: Beth Bartz Southwest Team ��-�c.y � MtNUTES OF THE ZONING COMMITTEE Thursday, April 96, 1998 - 3:30 p.m. PRESENT: ABSENT: City Councif Chambers, 3rd Floor City Hati artd Court House 95 West Kellogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wend (excused) OTHERS Peter Warner, Assistant Cify Attorney; Befh Bartz, Kady Dadlez, Donna Drummond, PRESENT: Pattie Kelley, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WILLIAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and service station for properties located af 365-367 and 371 N. Smith. Roger Ryan presented a brief update of tF�e April 2, 1998 Zoning Committee meeting where staff was directed to contact people who had signed the petition to verify that they understood what they had signed. He stated he has spoken to all of the people who signed the petition, and the results of those conversations are outlined in a memo to the Committee dated April 13, 1998. Mr. Ryan referred to a second memo dated April 16, 1998, which explains that three invalid signatures had been resubmitted and are now valid. Mr. Ryan said there are 21 properties within the 150 feet requirement, that fourteen signatures are required, and the applicant has sixteen valid signatures. Mike Biack, 265 W. 7th Street, appeared and upon his question, Mr. Ryan confirmed that the applicant does have the required sigrtatures. Upon question of Commissioner Gordon, Mr. Biack stated that the appficant wilt refocate the fourplex in the neighbnrhood. No one else appeared, and the public hearing was ciosed. Commissioner Gordon moved approval of the staff recommendation, and the motion was seconded by Commissioner Chavez. There was no discussion, and rol( call was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Kelley Recording Secrefary Submitted by: Rog yan Southeast Tea Approved by: �� Mark Vaught Acfing Chair . � � MINUTES OF THE ZONING COMMITTEE Thursday, Aprii 16, 1998 - 3:30 p.m. PRESEN7: ABSENT City Councii Chambers, 3rd Floor City Hail and Court House 15 West Keiiogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wencl (excused) a � .'lc.`� OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Kady Dadlez, Donna Drummond, PRESENT: Pattie Kelley, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WILLfAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and servfce station for properkies located at 365-367 and 371 N. Smith. Roger Ryan presented a brief update of the April 2, 1998 Zoning Committee meeting where staff was directed to contact people who had signed the petition to verity that they understood what they had signed. He stated he has spoken to all of the people who signed the petition, and the results of those conversations are outfined in a memo to the Committee dated April 13, 1996. Mr. ftyan referred to a second memo dated April 16, 1998, which explains that three invalid signatures had been resubmitted and are now valid. Mr. Ryan said there are 21 properties within the 150 feet requirement, that fourteen signatures are required, and the applicant has sixteen valid signatures. Mike Black, 265 W. 7th Street, appeared and upon his question, Mr. f2yan contirmed that the applicant does have the required signatures. Upon question of Gommissioner Gordon, Mr. Black stated that the applicant will relocate the fourplex in the neighborhood. No one else appeared, and the pubiic hearing was closed. Commissioner Gordon moved approval of the staff recommendation, and the motion was seconded by Commissioner Chavez. There was no discussion, and roll call was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Kelley Recording Secretary Submitted by: Approved by: � Y ""'n� ---rfJ-'�--- Rog yan _ Mark Vaught Southeast Tea Acting Chair J � �� .�� ' Saint Paul Pianning Commission Citp Hall Conference Center 15 Ketlogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, April 24, 1998, at 830 a.m. in the Conference Center of City Ha11. Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Maddox, Morton, Nordin, Treichel, and Present: Wencl and Messrs. Chavez,. Field Jr., Gervais, Gordon, Kong, Kramer, Mardell, McDonell, Nowlin, and Vaught. Commissioners Messrs. *3ohnson and Sharpe Absent: *Excused . Also Present: Ken Pord, Planning Administrator; Jean Birkholz, Kady Dadlez, Donna Drummond, Nancy Homans, and Larry Soderholm, Department of Planning and Economic Development staff. I. Approval of Minutes of April 10,1997 j�(7TiON: Cornn�issionerMcDonel[n:ovedapprovaZofthentit:utesofApri110,1 Co»:inissioner Field secontled the n:otion. Commissioner Field asked that the minutes be amended to include the words "the applicant said thaY' before the words "they aa eed to" in line two on page six. Staff agreed to add those words. The ntotion to approve il:e mr:ended mir:utes ofApril 10, I998 carried uttanimously m� a voice vote. II. Chair's Announcements Chair Morton announced that a letter is going out to the district councils informing them about the Pianning Commission quadrantliaisons. III. Planning Administrator's Announcements LJ Mr. Ford reported that he and some Planning Commission members heard Jeremy Riflcen, economist, at this past week's "Cities at Work" Forum. He reminded Commissioners about the forum coming up on housing next Tuesday evening, April 28, at 5:30 p.m., at Jehovah Lutheran Church on Thomas and Snelling Avenue. You may call to make a reservation for • supper; there will be no cost. Tom Fulton, Family Housing Fund and Gloria Bostrom, Fannie Mae, will be making presentations about the housing market and the potential for housing in the area. A panel of reactors will include Ray Hairis, a developer; Don Goldschmidt, director of Frogtown Community Development Corporation; Nancy Homans, PED planner; and Jerry Blakey, Saint Paul Councilmember. The Millard Fillmore Conference will be held May 18. A dinner will be held in the evening, an annual celebration of what's going on for revitalization of the Saint Paul Riverfront and downto�vn. At the same time, the Saint Paul Riverfront Corporation is sponsoring an a11 day . conference focusing on river related redeveIopment. He noted that it would be very worthwhile to have some Planning Commissioners attend the conference. Registration fee is $50; the Commissioner will cover the cost for Commissioners able to attend. Brochures are available. TV. Zoning Committee Commissioner Vaught provided the committee report. #95_170 AItPr Trading CCornoratinn - Conclude special condirion use permit process for a large meta] shredder at 801 Barge Channel Road. (Kady DadIez, 266-6574) Ml�TTO�: Coriemissimier Vaugkt n:oved denial of die requeste�l special co+tditiore use perruit to allow a large mefal shredder at SOZ Barge Gia��xel Road Commissioner Chavez noted that he tivould not support the motion. Commissioner Gordon stated that although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Council voted to prohibit large metal shredders in the Ciry of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gordon's. The motion ot� the floor to delry Yhe requesied special eondirion use pern:it to allow a large � nretal sJ�redder at 801 Barge Chaxnel Road carried a: a vniee vote of 16 - I(ChaveTJ. �Qg�] .i r� ome i.�('roir / William Dunnig� - Rezone property from RT-2 (residential) to B-3 (general business) to allow expansion of an existing auto repair and sen�ice station at 365- 367, 371 Smith North. (Beth Bartz, 266-6580} MnT70\: Cora�nissioner Vaught nioved approva! of the reguested rezo+tiug ofproperry fron: RT-Z (resideritial) to B-3 (geaeral business) to allorv expansiort of a�: existir:g azrlo repair a�ed service statior: at 365, 367, 371 Sraith North. Commissioner Gordon wanted the record to show ihat one of ttee buildings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condition and also is considered to be of historic value. He commented that he and other committee members �vere concemed about what wouid happen to those two properties, especially the 4- plex in connection with maintaining low and moderate income housing in that neighborhood. The Committee received a representation from the applicant that the 4-plex would be relocated elsewhere in the neighborhood; it would not be destroyed. The duplex may well be destroyed. The motiai on the floor earried unanimously on a voice vote. �Q$-p67 Rahib Amini - Determination of similar use that an art gallery is similar to other B-1 uses at 244 Albert. (Beth Bartz, 266-b580) MOTION: Coneniissior:er Vaught moved approval of the requested deterncination of sineilar � use, witlt conditions, that a�i art gallery is similar to otlaer B-1 uses at 244 Albert carried unaxin:ously on a voice vote. 2 a �,��t do�vntotim. At the same time, the Saint Paul Riverfront Corporation is sponsoring an all day conference focusing on river related redeveiopment. He noted that it �vould be very � worthwhile to have some Planning Commissioners attend the conference. Registration fee is $50; the Commissioner wi11 cover the cost for Commissioners able to attend. Brochures are available. IV. �oning Committcc Commissioner Vaught provided the committee report. #95-17n�iteLTLasiin - Conclude special condition use permit process for a large metal shredder at 801 Barge Channel Road. (Kady Dadlez, 266-6574) 1414TS9t�_': Couunissio�ier Vaught ruoved denial of the re�«ested special col:ditiorr trse permir 10 allorv a Inrge i�retal shredder at 801 Bnrge G�mmel Road Commissioner Chavez noted that he �vould not sugport the motion. Commissioner Gordon stated that although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Council voted to prohibit large metal shredders in the City of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gordon's. The »�ofio�: on ihe floor to de�ry the reguested specia! condi�ior: use perrriit to allow a large rrtetal sltredder a[ 801 Barge Cha�zrrel Road carried oit a voiee vote of 16 - I(Gtavez)• `--� #4R-OS] Ser_nmr L,aS'[�ie / Willi�m Dimnigan - Rezone property from RT-2 (residentia]) to B-3 (general business) to allow expansion of an existing auto repair and service station at 365- 367, 3? 1 Smith North. (Beth Bartz, 266-6580) 1110TiON: Coutniissioner Va:tg/ii n�oved approvni of ihe regt�ested rezoniicg ofproperty fi•ou� RT-2 (resideratial) to B-3 (ge�eeral br�siness) to nllorv expmrsioi: of a�e e�isti�ag aarto repair aud service station at 365, 367, 371 Su:itk North. Commissioner Gordon wanted the record to show thai one of the buildings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condition and also is considered to be of historic value. He commented that he and other committee members were concemed about what would happen to those two properties, especially the 4- plex in connection v,-ith maintaining low and moderate income housing in that neighborhood. The Committee received a representation from the app]icant that the 4-plex would be relocated elsewhere in the neighborhood; it would not be destroyed. 'Ihe duplex may well be desiroyed. Tlie ntotioir on the floar carried ui:airimousty on a voice vote. �2$_067 Aab(ILmini - Determination of similar use that an art gallery is similar to other B-1 uses at 244 AIbert. (Beth Sartz, 266-fi580) 1YL27_:LQN: Comurissio�:er Vaugkt moved approval ofrhe requested deten:iination ofsirnilar i�se, with condi[io1�s, that art art gallery ts sierrilar to otherB-I uses at 244.41bert carried � uita�timously on a voice vote. 2 �,� ��l Q • . ZONING COMMITTEE STAFF REPORT FlLE # 98-0S1 1. APPLICANT: )EROME LACROiX AND WILLIAM DUNNIGAN lll DATE OF HEARING: 04/02/98 2. CLASSIF�CATION: Rezoning 3. LOCATION: 365-367 and 371 North Smith 4. PLANNING DISTRICT:9 5. LEGAL DESCRIPTION: Lots 4 and 5, Biock 3; Samuel Leech's Addition to the Town of Saint Paui 6. PRESENT ZONING: RT-1 ZONING CODE REFERENCE: §64.400 7. STAFF INVES7IGATION AND REPORT: DATE: March 23, 1998 8. DATE RECEIVED: 03(Q2(98 DEADLINE FOR ACTION: OSlOI/48 BY: Beth Bartz A. PURPOSE: Rezone the properties from RT-2 to B-3 to allow expansion of an ex�sting auto repair and service station, B. PARCEL SIZE: Each of the parcels is 50.84 feet wide and 173.4 feet deep for a total area of 17,631 square feet. G EXISTING LAND USE: 7here is a four-plex residentiai structure at 365-367 N. Smith and a duplex at 371 N. Smifh. D. SURROUNDING LAND USE: North: An existing auto repair and service station in a B-3 distrid. East: Single family and duplex structures in an RT-2 district. South: Single family and duplex structures in an RT-2 district. West: Single family and duplex structures in an RT-2 district. E. ZONING CODE CITATION: Section 64.400(a) states in part that "the council may, from time to time, amend, supplement or change the district boundaries or the regufations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned, HISTORY(DISCUSSlON: There is no previous history on these parcels. � G. DISTRICT COUNCIL RECOMMENDAT{ON: Distrid 9's meeting schedule will not allow them to take an official position on this rezoning prior to the April 2 public hearing. Zoning File #98-051 Page 2 H. FINDtNGS: Erna Salmonsen, proprietor of Grand & Smith Mobil, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventua(ly remove the fourplex (365-36� to provide additiona( parking and construct a 40' by SO' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applicant believes that the additional area will relieve congestion and confusion on the site, provide for more orderly storage of vehicies waifing to be serviced, and allow service trucks to be stored indoors when not in use. The applicant dces not plan to expand either the service stacion itself or the number of pumps on site. 2. Section 60.544 (18) of the Zoning Code permits automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeting a!I of the required condiTions related to minimum lot size, landscaping, indoor repair work, and outside storage. 3. The proposed site plan does not meet the required cond�tions for a Special Condit+onal Use Permit. Issues inciude buffering and setbacks as well as use of the 365-367 parcel for both residential and commercia! use. Therefore, the proposed site plart cannot receive administrative approval. . 4. The rezoning is consistent with the Saint Paul Housing Palicy for the 1990s. Policy 39 states: • "Identify specitic areas ot incompat+ble land uses that detract from residentia! qua{ity in The city and seek opportunities to resolve these fand use conflicts through acquisition, redevelopment, and support ot private eftorts that strengthen the edges between residentia! and other land uses." This partially residential block on Smith lies between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of I-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 AD�, though narrow, street co�necting these two major traffic routes. The amount of traffic and the narrowness of the streei create an undesirable residentia! area. Res�lving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residentiai area to the west. 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residentia) and wmmercial uses exist, 6. The rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expa�sion of UniYed Hospital to the northeast. West Seventh is also experiencing redevefopment, most notably in this area with the reconstruction of the Salvation Army building to the so�th. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficuh situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on adjacent properties if appropriate (andscaping and � screening is installed on the south and wesi sides of any development of the property to shield the residential uses there. � �,��a Zoning Fi4e #98-051 Page 2 H. FINDINGS: Erna Salmonsen, proprietor of Grand & Smith Mobil, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; )erome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex {355-367} �o provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applica�t believes that the additional area wil{ relieve congestion and confusion on the site, provide for more orderly storage of vehicles waiting to be serviced, and allow service trucks to be stored indoors when not in use. The applicant does not plan to expand either the service station itseVf or the number of pumps on site. 2. Section 60.544 (18) of the Zoning Code permits automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeting all of the required conditions related to minimum {ot size, landscaping, indoor repair work, and outside storage. 3. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues incfude buffering and setbacks as well as use of the 365-367 parcel for both residential and commerciai use. Therefore, the proposed site plan cannot receive administrative approval, 4. The rezoning is consistent with the Saint Paul Housing Poficy for the 7990s. Policy 39 states: "Ide�tify spedfic areas of incompatible land uses that detract from residential quality in the city and � seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private efforts that strengthen the edges between residential and other land uses:' This partialfy residential block on Smith lies behveen substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of f-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Res�lving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar ro West Seventh. The plan also states buffers should be developed where conflicts be[ween residential and commercial uses exist. 6. The rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopme�t since the opening of the interstate and major expansion of United Hospital to the northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the south. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Sevenih and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on adjacent properties if appropriate la�dscaping and screening is instal(ed on the south and west sides of any deve{opment of the property to shield the residential uses there. ,1/ ,' q� • Zoning File #98-051 Page 3 The applicant submitted a sufficient petition of twathirds of the property owners within one hundred (700) feet of the property stating support for the rezoning (27 parcefs eligible, 14 required, aod 14 signed). STAFF RECOMMfNDAT10N: Based on findings 1 through 2 and 4 through 7, staff recommends approval of the rezoning petition. � � � PETtT(ON TO AMEND THE ZONING CODE Department of Planning and Economic Develapmen[ Zoning Section II00 City Hal/Annez 25 West Fourth Street Saint Paul, MIV SSI01 166-6589 APPLIGANT PROPERTY LOCATION Efitt� !D� U58 aA{ : � i�O . -�( �..a.� F �: e�Yrtg iiit8 :.' �.`:_`..,.: ��:,;� i � - . Property Owner William J. Dunnigan III / Erna Salmonsen Arirtrocc 266 Mackubin Avenue City st. raul gt Z� 55102 Daytime phone Contact person (if different) Erna Salmonsen 222-2993 Address/Location 365 - 367 Smith Ave. North LegaldeSCription Lot 4, Block 3, Samuel Leech's Addition to the Town of St. PauJ. (aftach additiona! sheef if TO THE HOMORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Sain4 Pau! Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, william J. nunnigan ZII , the owner of al! the land proposed for rezoning, hereby petitions you fo rezone the above described property from a xT-2 zoning district to a B-3 zoning district, for the purpose of: Removing the existing du��ex, building a 40 x 50 foot garage for the storage and service of �:3v trucks, and using the remaining area for Farking. The property is being acguired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 236 Grand Avenue. (attach additional sheet(s) if necessa ) ,�/ Aftachments Required site plan � Consent petition L�T A�davit � Subscribed and swom to X� �1.c., before me this /O�` day Byk ��-c.c�<� � p�-v,v,�.,�� of �Y /' , 19� Fee owner of property Title: Page t of 1� Notary Pubiic A4ICHAEL C. BI.ACK N07ARY Pl1uUC • �"� 31o2CL0 µy Coqmissian Exp'pes J . � � � - PET1710N TO AMEND THE ZQNING CODE Deparfinent ojPlanning and Economic Develapmexi Zoning Sectio�r ZA00 City Ha11 Anner 25 West Fourth Street Sairr! Paul, MN 55101 166-6589 APPLICANT � PROPERTY - LOCATION Property Owner William J. Dunnigan III / Erna Salmonsen Aririrasc 266 Mackubin Avenue City sc. Paul gt Z; 551oz Daytime phone Contact person (if different) Erna Salmonsen 222-2993 Address/Location 365 — 367 Smith Ave. North Legal description Lot 4, Block 3, Samuel Leech's Addi[ion to the Town of St. Paul (atfach additionai sheet if necessary) TO THE HONORABLE MAYOR AND CiTY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zo�ing Ordinance and to Section 462.357(5) of Minnesota Statues, william ,3. Dunnigan III , the owner of afl the land proposed for rezoning, hereby petitions you to rezone the above described property from a RT-2 zoning district to a B-3 zoning district, for the purpose of: Removing the existing du�lex, building a 40 x 50 foot garage for the storage and service of � trucks, and using the remaining area for Farking. The property is bFing acquired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 236 Grand Avenue. (attach addrfional sheet(s) if neces_s_af�') Attachments: Required site pian L✓� Subscribed and sworn to before me this �p� day of ,�l�YGr�, 19� X l.tJ�, r G� s y k l�f �.<,t.e�� l!i (J�, '� fee owner of property Title: Consent petition � Affidavit � ,,,,c,wv.nn,��^N - — — Notary Public s �.; � � A4ICNAEL C. SLACK ` �.' ` - NOTARY PUGLIC • MIKNESOTA � �,- -- � � �.��m¢;1onEzpiresJan. . XVW�^ Page 'i of �_ �� PET{TION TO AMEND THE ZOIVtNG CODE • �I Deparrment of Planning and Economie Development � Zoning Section II DD Ciry Hat1 Annex 25 West Founh Street Saint P¢ut, M1V 55702 266-6589 APPLICANT PROPERTY LOCATION . TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, Jerome s. Lacroix , the owner of all the fand proposed for rezoning, hereby petitions you to rezone the abave described property from a RT-2 zoning district to a B zoning district, for the purpose of: Removing the existing duplex, building a 40 x 50 foot garage for the storage and service of tow trucks, and using the remaining area for parking. The pro- perty is being acquired by Erna Salmonsen, who inzends to add it, along with the property at 365 - 367 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 326 Grand Avenue. f� (attach addrtiona/ sheef(s) if necessa ) ^/ ^/ Attachments Required site pian � Consent petition i� Affidavit LN' Subscribed and swom t� before me this ��. day of _��h�!� 19 ,�� a �� Notary Public Pfopefty OwnerJerome S. Lacroix/Erna Salmonsen Addr2ss 371 Smith Avenue North City St. Paul St. MhTZip 55102 Daytime phone 122-2993 Contact person (if different) Erna salmonsen 222-2993 AddresslLocation 371 Smith Avenue Norch Legal deSCrlption Lot 5, Block 3, Samuel Leech's Addition to the Town of St. Paul (atfach additional sheef if necessary) of Ziintng �ce uss �� a. ;�� Fee ....'�:�..� .r, ! ; �..�� Title: ...^J.bi`..•✓n�e.h^..�..�r'✓.}'., y.4;\` _: ; J06.7; A. PROKO? ; � noT�q�tauauc-f.c:�;esarq � _� RA?.'SGYCOUNTY � ' ^c¢::rw�,_ . z t..1 txp;;es.;.131, fC^ �� '. Page�of l7 �IlC��c�� C�o Black �� IlC�C� �,�� February 19, 1998 Suite 201 265 W. 7th St. (Fort Boad) St. Paul, Minnesota 55102 (612) 222-2587 FAX: (612) 222-2589 HAND DELIVERED Ms. Kady A. Dadlez St. Paul Department of Planning & Economic Development 25 West 4th Street St. Paul, Minnesota 55102 Re Dear Ms. Dadlez: Rezoning Application for property at 365-367 and 371 Smith Avenue North I enclose with this letter the following materials related to the reaoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunnigan for the property at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacroix for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by Yust Architectural Services, showing how the two lots will be incorporated into my client's business. The four-plex at 365-367 Smith Avenue North wi11 remain until appro- priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed snd a new garage build- ing built at the rear of that 1ot. A new curb cut will also be installed at 371 Smith Avenue North and the lot will be paved for a parking Iot. 4. Ten pages of consent forms signed by neighboring property owners. These consent forms cover I4 of the 21 property owners within 100 feet of the properties, as identified in the report prepared by your office. 5. Affidavit of Petitioner signed by Jerome Lacroix. 6. Affidavit of Petitioner signed by William Dunnigan. 7. Three Affidavits of pezsons circulating the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, a11 oE whom were involved in obtaining the consent signatures. � L� � a�,�� c��aQIl C�o Slack �� OO�ff�c�c� ��1 February 19, 1998 Suite 201 265 W. 7th St. (Fort I3oad) St. Paul, Minnesota 55102 (612) 222-2587 FAX: (612) 222-2589 HANU DELIVEREU Ms. Kady A. Dadlez St. Pau1 Department of Planning 6 Economic Development 25 West 4th Street St. Paul, Minnesota 55102 Re: Re<oning Application for property at 365-367 and 371 Smith Avenue North Dear Ms. Dadlez: I enclose with this letter the following materials related to the rezoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunnigan for the properYy at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacro3x for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by YUSt Architectural Services, � showing how the two lots wi11 be incorporated into my client's business. ' The four-plex at 365-36J Smith Avenue North will remain until appro- ' priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed and a new garage build- ing built at the Year of that lot. A new curb cut will a15o be installed at 371 Smith Avenue North and the lot wi11 be paved for a parking lot. 4. Ten pages of consent forms signed by neighboring property � owners. These consent forms cover 14 of the 21 property owners within 100 feet of the properties, as identified in the report prepared by your office. 5 0 Affidavit of Petitioner signed by Jerome Lacroix. Affidavit of Petitioner signed by William Dunnigan. J. Three Affidavits of persons circulat3ng the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, all of whom were involved in obtaining the consent signatures. � ....J J P1s. Kady A. Dadlez � Page 2 Eebruary 19, 1998 a �,.��.� 1 8. A copy of my client's purchase agreement with kiilliam and Maureen Dunnigan for the property at 365-367 Smith Avenue North. 9. A copy of the purchase agreement between my client and Jerome Lacroix for the purchase of the property at 371 Smith Avenue North. 10. My client's check in the amount of $670.00 payable to the City of St. Paul for the zoning application fee. 11. A Statement Supporting Rezoning Application prepared by my office to support this application. Based on the schedule of ineetings which you provided to me, I understand that the cut-off date for this petition is March 2, 1998, and that notices wi11 be mailed on March 19, 1998. The application will come before the zoning committee for a public hearing on April 2, 1998 and be- fore the fuil planning commission on April 10, 1998. You have advised me that the City Council meeting for approval of the application is usually scheduled approximately three weeks after the planning commission meeting. I also understand that my client must submit a Special Condition . Use Permit Application relating to my client's current property at 236 Grand Avenue, and that this application will be handled on a staff level. Please advise me as to the proper timing to file this application. Thank you for your assistance in this matter. Sincerely, r ;E'�� ,/, �� Michael C. Black MCE/mmb ENC: cc: Erna Salmonsen � STATEMENT IN SUPPORT OF REZONING APPLICATION Erna Salmonsen has operated Grand & Smith Mobil as a sole pro- prietorship at 236 Grand Avenue in St. Paul since 1984. Her sons, Wes and Dave, also work full-time at the service station. The business has expanded gradually over the years. In addition to selling retail gasoline and related products and a fu1Z service repair shop, Grand & Smith Mobil also has a drive- through car wash and a thriving towing business. The towing business consists of six tow trucks. The business occupies a 26,000 square foot site at the southwest corner of Grand Avenue and Smith Avenue North. The entire property is paved with asphalt. At the present time, a11 the business' vehicles are parked outside on the property, along with any number of vehicles which the repair shop may be working on. This creates congestion in the parking lot for retail customers of the station. Additional area is needed for the storage of vehicles. Ms. Salmonsen has entered into pnrchase agreements with WiZliam and �faureen Dunnigan and Serome Lacroix for the purchase of 365-367 Smith Avenue North and 371 Smith Avenue North, respectively. Both of these properties presently have multi-family housing units on them. 365-367 Smith Avenue North has a victorian era four-plex which is presently rented to residential tenants. 371 Smith Avenue North is a duplex, one-half of which is occupied by Mr. Lacroix. The four-plex has unique architectural features and is worth preserving. Ms. Salmonsen`s plan is eventually to remove both buildings and expand the parking lot of her business to encompass the entire area. She also plans on constructing a one-story garage building, measuring 40 feet by 50 feet, for the storage and service of three flat-bed tow trucks used in the service station. For the moment, Ms. Salmonsen plans to remove the duplex property at 371 Grand Avenue and build a garage building at the rear vF that lot. The i . . STATEMENT IN SUPPORT OF REZONING APPLICATION aa _�� Erna Salmonsen has operated Grand & Smith Mobil as a sole pro- prietorship at 236 Grand Avenue in St. Paul since 1984. Her sons, Wes and Dave, also work full-time at the service station. The business has expanded gradually over ttie yeara. In addition to salling retail gasoline and related products and a full service repair shop, Grand b Smith Mobil also has a drive- through car wash and a thriving towing business. The towing business consists of six tow trucks. The business occupies a 26,000 square foot site at the southwest corner of Grand Avenue and Smith Avenue North. The entire property is paved with asphalt. At the present time, all the business' vehicles are parked outside on the property, along with any number of vehicles which the repair shop may be working on. This creates congestion in the parking lot for retail customers of the station. Additional area is needed for the seorage of vehicles. Ms. Salmonsen has entered into purchase agreements with William and riaureen Dunnigan and Jerome Lacroix for the purchase of 365-367 Smith Avenue North and 371 Smith Avenue North, respectively. Both of these properties presently have multi-family housing units on them. 365-367 Smith Avenue North has a victorian era four-plex which is presently rented to residential Cenants. 371 Smith Avenue North is a duplex, one-half of which is occupled by Mr. Lacroix. The four-plex has unique architectural features and is worth preserving. Ms. Salmonsen's plan is eventually to remove both buildings and expand the parking lot of her business to encompass the entire area. She also plans on constructing a one-story garage building, measuring 40 fee[ by 50 feet, for the storage and service of three flat-bed tow trucks used in the service station. For the moment, Ms. Salmonsen plans to remove the duplex property J at 371 Grand Avenue and build a garage building at the rear of that lot. The � a p -��.� four-plex will remain until it can be relocated to a suitable lot. In the • meantime, Pis. 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' w u 4 �.1�Q �¢¢.. 4 O �' v � . . , . �, O ( ' lol�l0{0 3 - '� ,,.-- C�/� 01 �- / . �r�icF,raT�-G�CrA��!!'��nl. /_ �kar�e ��1�� °OSE �efln�• ��M� �� It� �� zoningdistrictboundary ;, —_� � O DA7E � SUbjCCI proP��Y NG.DIST._�___ MAP;i �y L.^�_ o onetamify ,,��, � t�vo family ;f,LE 1" = 400' � � Q multiple family �-�: r,:_- � n•C onh�'• • a n comm�;c�ai ♦ ..... indus!�iai V v2cant ..� May 19,1995 Kady Dadiez Saint Paul Planning Commission 2a W Fourth Street 1100 City Hall Anne: Saint Paul, Minnesora 55102 Dear Kady Dadlez, � S r ( � g �� a RECEIVED MAY 2 � i998 ZONlNG SLIBJECT:XX.X WIGGTNS ROAD (LOT 5, BLOCK 1; WILLENBRI�iG \X'OOD ADDITTOtiT My wife and T aze opposed to the lot split. We purchased our home &om the builder, Donald Willenbring, who is the indicidual asking for the split. One of 5he reasons we purchased the home was because of the 2.2-acce lot in question. It adjoins our property and ihe large lot obviously adds to the value of our homa A spLt may decrease our home's appeal to any furure buqers. Mc. Wdlenbring told us before we purchased the home that he had tried to sptit the 1ot and that the split was denied. That denial, combined with the handout he used in mazketing the lots (copy enclosed) and the sign ihat stood on the property unn] about two weeks ago (picture taken in March,1998 enclosed), gave us £urther assurance that no change would probably occur. S� e ly, Alan Elliott Enclosures (2) � � � b z �� < � � ; �, � � .� d �� tA �j �i= � "z � �Y °°� b $ ;�yb w °� oz O � M oOe//� Q � .� s � - W o� _ o, a N Q m ..� ~ u, N £ N o N y o � � a 0 � � � �� y l - "�� od� z v�� 595 MGKNLGHT ROAD SOUTH SAIhT PAUL, MINNESOT3 i5119 To tisten to more inTo aboat thfs properh Gatt TT7-ii0ht� and enter Pl$ IDx 92t9 St. Pau! .. ;;� -:�>� a-<. ��s '�-". .�=�,:,.; y.y''-aE-'w. _ - . . _ :?� :- �`+` -_ �_�i . -'�� F�,- � : x� . I� — � _ '�.; �. , 1 1' �_ — � i ��' �j�l �rM�if.�� • Princeton Dak 7rim �-=-- Throughout � • 7 258 84. Ft • 2 Bedraom • 2 Bath • Master w/ Wa1k-ie Closet • Sunken tivinp Roam • Hip Vault Ceitings - Living,/Kltchen • Ges Fireplaae • fi Paael 0oon • Cenfra! Air/Roughed In Vacuuro • RoaQhed In Bnseme� $f (f3,500 B�e Pe�� .�,��ompiete Au$. 81 sadu�a¢ ra $153,950 _ --�. _ _ .--•--- • 8 Bedraam - Q BethlMester Bath � iaundry/Mud Room • Spzctaus Ntfchen(Pantry/Breslcisst Bar • Bayed Din(n� Area w/ Door to Backyard � Vauttad Urin¢/Kitchen/Dining • Ceramic Tqe Foyer • 2 x 4 Studs & inaulated Raaement Walls • Central Air/RoaQhed In Vacuum - Keyetone Terrace Walls • 8erber Carpet & Mannirtgtoa �ioorin$ �7 06 �ZOO 8ase PrFce �147�g�J0 w/ lot Family Owned Business - A Trae Cusenm Builder Ure Our Fiovr Ptrrns O� Use Your ldeas To Create Plr�ns Crearive Firrancing PacL•ages Avar1n61el5weat Equity – Cash Towards Down Payrrsent For More Inlormatian, Call f78-fi370 • Lacated Irt beautHul Hi$h�wad Additbn • Neariiy wooded with wfilte & rod oaita • d-1 j3 aare lota • t-2.2 acre lat wttlt private tlriv� • Atl utUkfes �n • dreat aceess fo highways •a�toaM � On bus route lots start at �29,90D Llc. #20U787S e SxD �� 4 23KFEb �e! 1- SSS.epO i0; 3• S35.i00 c�z-su.sac ia�.a-F+e.sa a � � ti = � vl 2 �`� � �: - J :a L'�� V ) � a � .'tr.� To listen to more Ittto about thls property Caif 7T7•NOME and enter PL$ !Q# 72t8 St. Paut :.: �`� . -t�T'_�;`:. � . ' �.,,s'^t_ -:�:_ _: _ :;,;_._ - _-- - - i - .._...•^ ;1�i �� .�.I� � �a � w ti � .� �. .� � � �. �e.e.�«,�„ k — �. , • Princeton Dak Trim �-. 7hroughout .�� • 1268 Sq. Ft. • 2 Bedraom � 2 Hath • Master wJ Watk-In Gocet • Sunken Llvtn� Room � Nip Vault Ceilinps • Living/Kftchen � �es Firepfaoe • 8 Panei boora ' • Centrai Alr)Rou$hed )n Vacuum • Rou�hed In Basement � 1 U3,5U0 B�e P��e � Compiete Au�, 3i Reduced To $153,950 ..�.o..a.o,,.� �:�. ,:-N. a� . "� _�� w.�. • 1322 8q. ft. Ramblar �--� �-i— • 3 Bedroam • 4 Beth/Maeter Bath • Laundry/Mud Room • Spadous Kitchen/Pantry/Breakfast Bar � 9ayed Wnin� Area wJ �oor to Backyiu'd • Vauitetl Lirin�(/Kltchen/Oinia$ • Ceramic TUa Foyer • 2 x 4 Studa & Insulatad Basement We!!s • Centrnl Air/ROUQhed in Vacuum ' • Keyainne Terrace WNIs • 8erber Carpat & Mann�ngtoa Floorin$ � "J 06,200 s�a �� $147,850 w� �oc Fan:ily Owned $usiness -.4 True Custom Builder Use Our Floor Plans Or Use Your ldeus T'o Cteate Plans Creative Financing Patkages Availn6leJSweat F.quily - Cash Towards Down Payment For More In/ormation, Call 378-d370 • tacated In qeautftui Hi$fswood Mdk4ai • Heavily wooded with whlte & red oakn - d•1/3 aare lota • 1-�.2 acre iot wfth private tlrlve • Ail ut0ltiea in • 6rea1 ar,�,eas to highways • C�088 YO �M • on bus roule Lots start at �29,�Q0 uo. u2ooys�s vat 6RINa WOOtlS A0�ln�N r.�a \. 167 — , �40]04.M1'l] b .smc.a n.va e + S�tO 23�CFE8 J '6 WOq R VJ � 6 vooe� roq e 2az• �� Lalaifus Ldt-SSSa00 Lo:] tel2•591.Bp0 ln�� 0 � 15' ti = � N a �%: �J c � ! !\ v� "- �� May-27-98 09:38A CityView Financial 6127300675 P.02 May 26, t998 Kathy Lantry St. Paul City Counci[ ] 5 West Kellogg Boutevard St. Paul, Minnesota 55102 RECEiVED MAY 2 '� 1998 ZONING RE: Hearing of Donatd Wifienhring's request to City Council concerning Lot 5, Block 1; Witienbring Woods Addition. To change Planning Commissioner's decis+on to grant Arnotd Fritsl,e's appeal to ovcrrule Planning Administsator's decision to approve a lot split at abovc mention locati�n. Dcar Ms. Lantry, � �� `a a ln reference to the above mentioned hearing being held at Council Chambers on Wednesday May 27, 1998, please accept this letter with expianations as my request tc� the St. Paul City Council to support and uphoid the decision of [he Planning Commissioner's dec�sion to erant the Fritshe appeai. 1 have been a resident in St. Paul all my fifc, residing at my current location since July 1983. St. Paul is a great place to Iivc for several reasons. f�irst and foremost on my mind is the fairncss that City Councii showed two years ago whcn they approved the Willenbring Woods Addition for six lots only, Therc were several hearings that C attended. Finally, it was supposed to be over w'sth Willenbrin�;'s acceptance of six lots only. Several rcasons for the original deeision can be cummazized bele�w: • Highwood Ylan, ensuring that new developments are not inconsistent with thc maintenance of our natural environment. • Safety and Emcrgency Vehicle Access, ensuring the populaiion density and street servicc is conducive with future development . Trees, Slopes and Wetlands Endangerment, ensuring that minimal constructicm on this site will protect our natural environment thus protecting and preserving our trees, w•etlands and water runotFissues. As yc�u have already realized, a iot of work and effott wds spent to come up with a compromise that would be accep�able to aIl parties. Mr. Wiilenbring agceed to this two years ago, whon the St. Paul City Council wisely came up with its original decision. (1) iy-27�-98 09:38A CityView Financiai 61273Q0675 P_03 y Please deny Mr. Wil(enbring's appeal and his desire to change the rutes in the middlc of thc ptocess and support ihe intent ofa)! the parties concerned in the original agrccment. Sinccrety, ��. <�� Steven P, Barticy {�e.CJU��-- Q1-,.� e�0�� Deborxh Ann Bartley � � Steven & neborah Bantey 601 Wig„gins Road St. Paui, MN. 55119 (612) 738-5938 �Z) fay-27�98 09:38A CityView Financial 6127300675 Please deny Mr. Wil(enbring's appeal and his desus to change the rules in the middlo of thc process and support the intent of afl the parties concerned in the originai agrccmeni. Sinccrcly, ��. i3� Steven P, tiart(cy {.�e_�J d��-- U 1-�.. Deborah Ann Bartley � o..7F-��., Steven & Deborah Bartley 601 Wiggins Road St, Paut, MN. 55119 (612)738-5938 �2) P 03 Q Y,�`'� May^27=98 09:38A CityView Financial 5/�� I�'I .�� ,, I �, � 6127300675 CityYiew Financial & Actonnting Service, Inc. 617 Wiagia7 Rosd St. Paui, A�inntsota 55119 'ieltphone (612) ?30-0675 Facsimile (612) 730-6f� � 6'�5 Aate To: COMPANY Fax Number �� -�' � ` � . c�� aa8 - 3314 �b - 6 s�'� Fax Cover Sheet Teiephone Number. a ' Number of gages foilowing cover sheei. '3 F1om: Dab Lindsted t ( HoM ��' 7 3'v - O b b°� � o r"`- , _ ,. �--c�, a� �-�v � �. � W , ��v� , ,,,�,...�. . � � �-A—� �� ^-�-�— � t1�-�- � �--��. c�-� • e /�J-/hp�,�3C� s�.�.�-�-� �,�/ V .�.� � �� i��o �-'s�. �.- P.Ol $,�� . �� '-' . , �� J�4. �� ,.�- � _ , ��. � �;��...�. -�.�. �=-��.�.�2,-._.� /� ,' Q ; ,O-._L �...9-c3'� �-�* .� �—�,�.:. � . y "` �' ' � GMAE MINZSTRIES 6128665990 P-91 , 4 g ,,� ` `.1 � May 27, 1498 TO: M'iss Nan�y Andersoa, Se�t'etazy fot the City Council Fax - 228-3314 FR.OM: Palzner Xngsdal 605 Wigg'nss Road St. Paul, MId 55119 MEETING: St kaul City Council Hearing Wednesday, May 27, 1998, 5.30 p.m. Zoning file number: 98-138 SLJBJECT: Lot split x�c Wiggins Road Lot 5, Block 1, Willenbring Wood� addition. As the hocneowner o£the fust house constructed an Wiggins Road, I want to register my opposition to granting a lot split and favor the appeal of Arnold Fxitsch. REASONS: 1. Approximately two years ago, the neighbors and Mr. W itlenbring reached a decision before the council - 61ots (Z in the woods and 4 on McKnight Road). This was approved with a large neigt�orhood representation at the Council meering. 2. The e.ntzance stze� to ttue property wae to be £or a limited design which was constructed according to the approval of item 1 above. 3. The E�'ighwood Plan, wtuch has been izt effect £or a number of years, was honored in the mutuel agreement resched two years ago: to bypass the current home consUucted in the woods with anothec driveway or street woutd necessitate a disruption of topography and the ecology of the wooded area. As T reviewed the area Iast evening, it would appear that a lazge numbec o� uees and the hillside woutd be highly disrupted in attempring to put an access way which would allow city vehicles to reach t�e kome. REQUEST: T would request that the City Council deny the Lot Split and abide by the City Council dxision reached at the meeting approxisnately two yeazs ago with the neighbozs of our commwuiy. DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMF.NT ao � C11Y �T" .7C111�11 rAvL DivisionofPlmviing � � Norm Colemnn, Mayo� 25 4Jest Faunh Street Telephane: 612-266-6565 SaintPaul,MN55Z02 FacsimiZe:612-228-33Z4 May 13, 1998 Ms. Nancy Anderson City Council Reseazch O�ce Room 310 Ciry Ha11 Saint Paul, Mimiesota 55102 Deaz Ms. Anderson: W:1.�4i � �E�:$cC�E',� ..�,=�!'ca R1AY �. � ��P I would like to confirm that a public hearing before the City Council is scheduled for Wednesday May 27, 1998 for the following zoning case: Applicant: File Number: Purpose: Address: Legal Description of Properiy: JEROME LACROIX #98-051 Rezone property from RT-2 (Townhouse Residential District) to B-3 (General Business District) for expansion of an existing auto repair and service station. 371 Smith Avenue North Lat 5, Block 3, Samuel Leech's Addition to the Town of Saint Paul Previous Action: Planning Commission Recommendation: Approval, vote: unanimous, April 24, 1948 Zoning Committee Recommendation: Appmval, vote: 7-0, April 16, 1998 My understanding is that this pub]ic hearing request will appeaz on the agenda for the May 20, 1998 City Councii meefing and that you will publish notice of the hearing in the Saint Paul Legal L,edger. Please call me at 266-6580 if you have any questions. Sincerel ��,� Beth Bartz City Planner cc: File #98-051 Paul Dubriel Pattie Kelley __ •FmsrRUnr• NOTICE OF PUBLIC SEAItWG The Saint Paul City Council will conduct a�public hearing on Wednesday, May 27. d998 ai 5:30 p.m, In the G�ty Council Chambers, Third Flooz City Hall-Court House, to consider the application of Jerome I,aCroix to rezone properry from RT-2 (lbwnhoase Residential Districtj to B-3 (Generai Business District) for espansion of an eiasting auto repair and seavice station at 371 Smith Avenue Rorth. Daied: May 13, 1998 _ � . _ - NANCYANDEILSON - _ �- v Asais4wt City Cotuicil Secretacy - " - " " (May 16. 199 a�g-��y city of saint paui �lanning commission resolution file number 98-30 C�te n aa, isss INHEREAS, jerome Lacrax and Wil(iam Dunn+gan, file #98-OSt, has applied for rezoning 365-367 and 371 North Smith from RT-2 to 8-3 under ihe provisions of Section 64.400 of the Saint Paul Legislative Code, for the purpose of expansion of an existing auto repair secvice station, legally described as Lots 4 and 5, Block 3; Samuel Leech's Addition to the Town of Saint Paul; and WHEREAS, the Zoning Committee of tne Planning Commission on 412198 and 4!1 bi98 heid a pubiic hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 643D0 of the Saint Paui Legislative Code; and WHEREAS, Saint Pau( Pfanning Commission, based on the evidence p�esented to its Zoning Committee at the public hearing as subsiantiaily reflected in the minutes, made the folfowing findings of fact: 1. Erna Salmonsen, proprietor of Grand & Smith Mobil, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-3b7 Smith Avenue • North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourpfex (365-367) to provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station, Efforts are being made to relocate The fourplex to another site. The applicant be{ieves that the additional area will relieve congestion and confusion on the s+te, provide for more orderly storage of vehicles waiting to be serviced, and aliow service trucks to be stored indoors when not in use. The applicant does not plan to expand either the service station itse(f or the number ot pumps on site. 2. Section 60.544 (78) of the Zoning Code permits automobile service facilities as permitted uses subject to specia{ conditions in the B-3 zoning district. The proposed site has the potential of meeting all of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues include buffering and setbacks as well as use of the 365-367 parcel for both residentiai and commerciai use. Therefore, the proposed site plan cannot receive administrative approval. moved by Vaught seconded by � in favor unanimous against Planning Commission Resolution, File #97-051 Page 2 4. The rezoning is consistent with Yhe Saint Paul Housing Policy for the 1990s. Policy 39 states: "Identify specific areas of incompatible Iand uses that detract from residential quality i� the ciry and seek opportunities to resolve these land use conflicts through acquisition, redevelopmeni, and support of private efforts that strengthen the edges between residentiai and other land uses." This partially residential block on Smith lies between substantia! commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of l-35E with access a short distance away on Grand Avenue and the reconsYruction of the High Bridge on Smith to the south, Smith F�as become a high traffic (8400 ADT), though narrow, street connecting these two major iraffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving this conf(ict by rezoning to a similar commercial level as Grartd and West Seventh is appropriate and provides a stronger edge to the residentiaf area to the west. 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commerciai interspersed. Grand is designated as a minor arterial sim+lar to West Seventh. The plan also states buffers should be developed where conflicts between residential and cammercial uses exis[. � 6. 7he rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of [he interstate and major expansion of United Hospital to • The northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the 3alvation Army building to the south. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficuit situation to sustain residential use on Smith Avenue. 7. The rezoning will not have an adverse impact on adjacent properties if appropriate landscaping and screening is installed on the south and west sides of any development of the property to shield the residentia( uses there. 8. The appficant submitted a sufficient petiiion of two-thirds of the property owners within one hundred (7 QO) feet of the property stating support for the rezoning (21 parcels eligible, 14 required, and 14 signed). NOW, THEREFORE, BE lT RESOLVED, by the Saint Paul Planning Commission, that the petition of JEROME LACROIX AND WILLIAM DUNNIGAN to rezone property at 365-367 and 371 Smith more particularly described as Lots 4 and 5, 81ock 3; Samuel Leech's Addition to the Town of Saint Paul from a RT-2 zoning classification to B-3 zoning classification is consistent with the Comprehensive Plan for the City; and BE IT FIJRTHER RESOLVED, that the Saint Paui Pianning Commission does hereby recommend to the Council of the City of Saint Paul that property located at 365-367 AND 377 SMITH by rezoned by RT-2 to B-3 in accordance with the petifion for rezoning on file with the Saint Paul Department of Planning and Economic Development. • � g -'1 c.�, Planning Commission Kesolution, File #97-051 Fage 2 4. The rezoning is consistent with the Saint Paul Housing Policy for the 1990s. Policy 39 states: "Identify specific areas of incompatible land uses that detract from residential quality in the city and seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private efforts that strengthen the edges between residential and other land uses." This partially residential bfock on Smith lies between substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of i-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving chis conflict by rezoning to a similar commerciaf level as Grand a�d West Seventh is appropriate and provides a stronger edge to the residential area to the west. The District 9 pfan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. 7he plan also states buffers should be developed where conflicts between residential and commercial uses exist. � 6. The rezoning is consistent and compatible with the way the area has developed. Grand r ` Avenue between I-35E and West Seventh Street has seen significant commercial '�� redevelopment since the opening of the interstate and major expansion of United HoSpital to the northeast. West Seventh is also experiencing redevelopment, most notably in this area � with the reconstructio� of the Salvation Army building to the south. High traffic volumes on Smith and the smail triangular block created by the layout o( Grand, West Seventh and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on ad}'acent properties it appropriate ;, landscaping and screening is installed on the south and west sides of any development of the properry to shield the residential uses there. 8. The applicant submitted a suf(icient petition of two-thirds of the properry owners within one hundred (1001 feet of the property stating support for the rezoning (21 parcels eligible, 14 required, and 14 signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition of JEROME LACROIX AND WILLIAM DUNNIGAN to rezone property at 365-367 and 371 Smith more particularly described as Lots 4 a�d 5, Block 3; Samuel Leech's Add'+tion to the Town of Saint Paul from a RT-2 zoning classification to B-3 zoning classification is consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Paul that property located at 365-367 AND 371 SMITH by rezoned by RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Devefopment. MINUTES OF THE ZONING COMMITTEE Tfiursday, Apri{ 2, 1998 - 3:30 p.m. City Counci! Chambers, 3rd Floor • City Hali and Court House 'I5 West Keilogg Boulevard PRESENT: ABSENT: OTHERS PRESENT: Chavez, Faricy, Field, Gordon, Kramer, Vaught and Wencl Morton (excused) Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond Roger Ryan, and Jim Zdon of PED. The meeting was chaired by Commissioner Field. qg'��y Pattie Kelley, JEROME LACRO{X AND WILL{AM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to ailow expansion of an existing auto repair and service station for properties located at 365-367 and 371 N. Smith. Beth Bartz presented siides and the staff report recommending approval of the rezoning petition. She expfained this is a similar situation to a previous item pertaining to expansion of a service station and the Gommittee coufd consider similar language if they so choose. Upon questions of Commissioner Gordon, Ms. Bartz said it is her understanding the applicant is working with the District 9 Community Council on efforts to relocate the fourplex to another site. Ms. Bartz stated • the applicanYs representative indicated the applicant's desire to remove the fourplex for future parking needs, but because of its architectural character will make etforts to preserve it. Gommissioner Gordon questioned if this Committee has the authority to rezone only one of the two lots requested and to require that the fourplex be moved to the lot where the duplex is presently located as a condition. Assistant City Attorney Peter Warner stated he wouid review this for the Committee. Upon question of Commissioner Kramer, Mr. Warner explained that rezoning actions of the Zoning Committee are in the nature of a recommendation to the Pfanning Commission and City Councii. Ms. Bartz stated statf received two separate applications for the rezoning, one for the 365 & 367 Smith parcel and one for the 371 Smith parcel, and she noted for the purpose of presenting the staff report they were consolidated. Upon question of Commissioner Chavez, Ms. Bartz said the statement of support for the sezoning appfication was submitted by the appiicant. Commissioner Chavez referred to one of the rezoning consent forms that has a signature but is a bfank form, and Roger Ryan i�dicated the consent forms were received by staff in one packet. Chair Field said he does not have a copy of the actuai applications, and Ms. Bartz indicated she has them in her file. • Mike Black, attorney representing Erna Salmonsen, appeared and satd they submitted two applications at staff's recommendation and were allowed to pay only one application fee. He stated the applicants spoke with Betty Moran at the District 9 Community Council about their interest in this property and development issues, and Ms. Moran indicated her interests to save the fourplex and moving the fourpiex Zoning Committee Minufes ,4pril 2, 1998 LaCroix/Qunnigan (98-051) Page Two • to a residential !ot in keeping with the Fort Road Federation's housing policies. He said Ms. Salmonsen's business is sucfi fhat she can use both properties and has offered to purchase fhem. Mr. 8lack said this is a very active repair business, and in referring to the site plan said it was prepared wifhout input from staff on issues refating to speciaf conditions, such as the setbacks and the buffers. He said some of those issues have been pointed out to them by staff irt the process of looking at the app(icafion, and his client is willing to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been identified for relocation of the fourplex, and Mr. Black said Ms. Moran has ane in mind and iYs his undersfanding someone with an open lot in the neighborhood has been approached. Commissioner Gordon asked Mr. Black's opinion to rezoning the !oY that the fourplex now is on for business but not rezone the duplex lot which would then enable the appticant to move fhe fourplex to where fhe dupiex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the applicant is making a significant investment in acquiring this property, and would prefer the use of both lots for the service station use. Mr, Black further stated if the decision was made that she had to move the fourplex onto the duplex lot, she would have to reassess the purchase because that is really not her purpose for doing this. At the question of Commissioner Gordon, Ms. Sa(monsen indicated her commitment that the fourplex will not be destroyed or demofished and to have it moved to a lot within Yhe neighborhood. • No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition to the permiY. She stated she was approached by an employee of the Mobil Station in February and was handed a form to sign for rezoning. She noficed there were four other names on the form, and she said she told the employee ihat she would look into it further and !ef them know whether or not she would sign the form. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were all informed differently of would happen with this property. ShE said she has owrted her home since 1996, and the area is improving all the time. Ms, Brooks aiso noted fhat soon after being contacted by the Mobil Station, she was contacted by the Salvation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further referred to information she obtain through the Police Department's Office of Research and Development indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding fhis rezoning. Ms. Brooks said she believes this expansion is for the AAA business out of the Mobii Station, and although there is traffic congestion, the larger part is due to the growth of the AAA business. Ms. 8rooks submitted lefters from others who were unabfe to attend today's meeting which refer to attitudes of employees and the owner toward ihe neighbors, and she stated this is not a friendly neighborhood community caring business, and nothing wili be gained by moving the fourplex and tearing down the duplex. Upon questions of Commissioner Vaught, Ms. Brooks said when she was presenYed with the zoning consent petition and asked to sign it, she was told that the fourplex wouid remain, tfie dupiex would stay, and the parking lof woutd be put around in back of the duplex because they were unable to purchase the • fourpiex. She also reiterated that she did not sign the pet+tion, and that she does not purchase her gas from this Mobil Station. At the question of Commissioner Chavez, Ms. Brooks said the AAA portion of the business is growing, and she has seen both flat and tow trucks at this location. Zoning Committee Minutes A'pril 2, 1998 LaCro+xlDunnigan (98-051) Page Two °Ir '� �'y to a residential lot in keeping witfi the Fort Road Federation's housing policies. He said Ms. Salmonsen's business is such that she can use both properties and has offered to purchase them. Mr. Slack said this is a very active repair business, and in referring to the site pian said it was prepared without input from staff on issues relating to special conditions, such as the setbacks and the buffers. He said some of those issues have 6een pointed out to them by staff in the process of looking at the application, and his client is wi{ling to change and submit a new site plan which conforms with the requirement to be done as part of the special condition use permit. Commissioner Gordon asked if a site or sites have been identified for relocation of the fourplex, and Mr. Black said Ms. Moran has one in mind and iPs his understanding someone with an open lot in the neighborhood has been approached. Commissioner Gordon asked Mr. Black's opinion to rezoning the lot that the fourplex now is on for business but not rezone the dupiex lot which would then enable the applicant to move the fourplex to where the duplex is. Mr. Black responded that although that would leave enough room for the garage and parking spaces, the applicant is making a sig�ificant investment in acquiring this property, and would prefer the use of both lots for the service station use. Mr. Bfack further stated if the decision was made that she had to move the fourplex onto the dupiex lot, she would have to reassess the purchase because that is reaify not her purpose for doing this. At the question of Gommissioner Gordon, Ms. Salmonsen indicated her commitment that the fourplex wiil not be destroyed or demolished and to have it moved to a lot within the neighborhood. No one spoke in support. Denise Brooks, 384 Smith Avenue, appeared and spoke in opposition to the permit. She stated she was approached by an employee of the Mobil Station in February and was handed a form to sign for rezoning. She noticed there were four other names on the form, and she said she told the employee that she wouid look into it further and let them know whether or not she would sign the iorm. Ms. Brooks stated she was able to get in contact with 3 of the 4 people who signed ahead of her, and that they were aIl informed difFerently of would happen with this property. ShE said she has ow�ed her home since 1996, and the area is improving all the time. Ms. Brooks also noted that soon aRer being contacted by the Mobil Station, she was contacted by the Salvation Army who also want to put in a parking lot at the corner of Smith and Forbes. She further referred to information she obtain through the Police DepartmenYs Oifice of Research and Development indicating crime rate in this area has decreased. She said she spoke with Betty Moran this morning, who has mixed emotions regarding this rezoning. Ms. Brooks said she befieves this expansion is for the AAA business out of the Mobil Station, and although there is tra�c congestion, the larger part is due to the growth of the AAA business. Ms. Brooks submitted fetters from others who were unable to attend today's meeting which refer to attitudes of empioyees and the owner toward the neighbors, and she stated this is not a friendly neighborhood community caring business, and nothing wi{I be gained by moving the fourplex and tearing down the duplex. ✓ Upon questions of Commissioner Vaught, Ms. Brooks said when she was presented with the zoni�g conse�t pefition and asked to sign it, she was told that the fourplex would remain, the duplex wouid stay, and the parking lot wouid be put around in back of the dupiex because they were unable to purchase the fourplex. She also reiterated that she did not sign the petition, and that she does not purchase her gas from this Mobif Station. — At the question of Commissioner Chavez, Ms. Brooks said the AAA portion of the business is growing, and she has seen hoth flat and tow trucks at this location. Zoning Committee Minutes _� �� Apr+l 2, 1998 y LaCroixlDunnigan (98-051) ad Page Three • Upon question of Commissioner Gordon, Ms. Brooks said she feels a parking lot by the Salvation Army would strongiy impact this area because, if this rezoning is approved today, the neighborhood wili then have twa pasking lots. Upon question of Commissioner Kramer, Ms. 6rooks said no attachments to the petition were presented to her, but she did receive somethfng later. She said she was not informed of what other types of businesses couid be aifowed in this faciiity, nor did she receive sections of the Zoning Code referred to in the petition. Ms. Howells, 251 Forbes, appeared and spoke in opposition stating there has never been problems in this neighborhood. At the question of Commissioner Chavez, Ms. Howelis said she feels she was tricked into signing the petition because she was told they could not buy the fourplex and that the little duplex would be torn down and made into a parking lot. Upon question of Commissioner Vaught, Ms. Howelis said the day she signed the petition she was not shown anything other documents. No one eise appeared. Mike Bfack said he prepared a package consisting of the consent document, each of the appfications, a copy of the site pian and photocopies of the Zoning Ordinance that has permitted uses in R-3 zoning, which were ail stapled together and provided to his client to distribute. He said why these two individuals � state they were only provided the one sheet he cannot explain. However, Wes Safmonsen did some of the contact with the neighborhood and is present to speak to those two cases. Mr. Black stated there are different signature sheets because that was the way the package was organized to contact the many commercial property owners. Commissioner Kramer referred to a petition form in the packet that is blank without any information, and Mr. Black explained that is the signature page that was submitted to the Health Span Iieaith Systems. Later in the meeting, Ms. Salmonsen said she went to Health Span tieafth System and left a blank form, and at a later time took over a fufl packet. However, the person she left it with had to go out of town due to a death in the family, and the person returned the blank form rather than the completed one which had been left later. Ms. Salmonsen also stated she spoke with Mrs. Howells on the teiephone before her son went to her home and that she had explained what their plans were and asked how she felt about it. Wes Salmonsen appeared and stating he took the petition form to Ms. Howells, and that he left with her the packet provided to him by Mr. Black. Mr. Vaught expressed concern whether or not there was misrepresentation at the time these items were presented. Biil Dunnigan, 266 Mackubin, appeared and spoke specifically to the recommendation of staff that rezoning wouid be consistent with the development in the area. He stated he's owned and managed the fourplex for the past ten years as a rental structure, and iYs becoming increasingly difficult to attract good, viable tenants at this iocation. He aiso stated that although this structure does not have historical preservation • status, it was built between 1880 and 1890. No one eise appeared, and the public hearing was ciosed. Zoning Committee Minutes Aprii 2, 9998 LaCroix/Dunnigan (98-051) Page Four • Commissioner Vaught questioned the validity oflhe petition because it may not have enough signatures, and he referred to testimony of both Ms. Brooks and Ms. Howetls regarding tf�e manner in which these signatures were secured. He said he has enough concem that he is moving to lay this matter over tor two weeks for staff to recontact the people who signed the pefition and ascertain what documents they were presented with at the time they signed the form, and to make judgement whefher or nof they were obtained validly. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any problem with the people who work there. He said this business has been at this location for many years, and by making improvements to their building are a part of Yhe improvement of this neighborhood. He stated testimony he's heard Yoday causes him concern about the validity of the supporting papers, and that he wiil support the motion for e tayover for staff to verify the signed petitions, the applicant to get a resigned pefition if they so choose, resolve concerns regarding individuals who signed the petitions, and for Mr. Warner to determine whether or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he will support the motion for a layover, but he believes the burdert should not be on staff to recontact the peopie who signed the petit+on. He said although he aiso has concern who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the intent of his motion is Yhat staff would do the recontacting. He stated he is not satisfied with the job that was originaily done, and testimony presented today persuades him that � there is at ieasf an issue to the representations made on the petitions and documents. Chair Fieid said he will vote in support of the motian for a layover. He stated he's convinced that the application is incomplete, and the applicant shouid also have the opportunity to obtain new petitions. He said given the controversy regarding the signatures, he agrees thaY staff should check the petitions. Commissioner Kramer suggested this mafter be laid over until there is a complete application, and Commissioner Vaught stated he is not prepared at this point to declare #he apFlication incomplete. At the request of Commissioner Wenci, Commissioner Vaughf clarified his motion that staff will contact each of the fourteen people for verification of their signature and what they were shown when they signed, that staff wiil then submit that information to this Committee, and an explanation on how a blank petifion was submitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have pertaining to the existing petition, and Mr. Warner said Yhe law with respect to consents on rezoning petitions is somewhat unclear. He stated given the Appellanf Courts, the better thing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or application before the Committee and require the applicant to start the consent pracess all over again. However, the Committee is not prohibited from engaging in some investigation to arrive at fhat conciusion. Upon question of Commissioner Wenci, Mr, Warner said pertaining to the goal of the applicanf to rezone a property, the applicant may go out and obtain new consenfs from alI of the property owners, and alfhough tf�e people that consented the first time wouid consent the second time around, given the • testimony, maybe they won't. Mr. Warner stated that with respect to verify�rtg consent petitions, the law is clear irt Minnesota that the burden is on the Cify fo do fhaf. Zoning Committee Minutes April 2, 1998 LaCroixiDunnigan (98-Ob1) Page Four �g.�c.y Commissioner Vaught questioned the validity of the petition because it may not have enough signatures, J and he referred to testimony of both Ms. Brooks and Ms. Howelis regarding the manner in which these signatures were secured. He said he has enough concern that he is moving to lay this matter over for two weeks for staff to recontact the people who signed the petition and ascertain what documents they were presented with at the time they signed the form, and to make judgement whether or not they were obtained validly. The motion was seconded by Commissioner Chavez. Commissioner Gordon said he's done business with this filling station for many years and has never experienced any probiem with the people who work there. He said this business has been at this location for many years, and by making improvements to their building are a part of the improvement of this neighborhood. He stated testimony he's heard tvday causes him concern about the validity of the supporting papers, and that he wiil support the motion for a layover for staff to verify the signed petitions, the applicant fo get a resigned petition if they so choose, resolve concerns regarding individuais who signed the petitions, and for Mr. Warner to determine wheiher or not this Committee can approve the rezoning of these two lots subject to the requirement that the fourplex be relocated. Commissioner Kramer said he will support the motion for a layover, but he believes the burden should not be on staff to recontact the peopfe who signed the petition. He said although he also has concern who is verifying the petitions, he's further concerned about who is issuing the petitions. Commissioner Vaught said the intent of his motion is that staff would do the recontacting. He stated he is not satisfied with the job that was originally done, and testimony presented today persuades him that there is at least an issue to the representations rnade on the petitions and documents. �.J Ghair Field said he will vote in support of the motion for a layover. He stated he's convinced that the application is incomplete, and the applicant should a�so have the oppoRunity to obtain new petitions. He said given the controversy regarding the signatures, he agrees that staff should check the petitions. Commissioner Kramer suggested this matter be laid over unti{ there is a compfete application, and Commissioner Vaught stated he is not prepared at this point to declare the ap�lication incomplete. At the request of Commissioner Wencl, Commissioner Vaught clarified his motion that staff wilf contact each of the fourteen peopie for verification of their signature and what they were shown when they signed, that staff will then submit that information to this Committee, and an explanation on how a blank petition was submitted as one of the fourteen signatures. Commissioner Vaught questioned the legality this procedure may have peRaining to the existing petition, and Mr. Warner said the law with respect to consents on rezoning petitions is somewhat uncfear. He stated given the Appellant Courts, the better tfiing for the City to do, since consent petitions are jurisdictional in nature, might be to consider that there may not be a valid petition and/or application before the Committee and require the applicant to start the consent process aN over again. However, the Committee is not prohibited from engaging in some investigation to arrive at that conclusion. Upon question of Commissio�er Wencl, Mr. Warner said pertaining to the goai of the applicant to rezone a property, the applicant may go out and obtain new consents from all of the property owners, and although the people that consented the first time would consent the second time around, given the J testimony, maybe they won't. Mr. Warner stated that with respect to verifying consent petitions, the law is clear in Minnesota that the burden is on the City to do that. Zoning Committee Minutes �� -� `� April 2, 1998 LaCroixlDunnigan (98-051) Page Five • Commissioner Faricy called for the question, and it was seconded. Roli cail to ciose discussion. Adopted Yeas - 7 Nays - 0 Rol! cali on the motion for a two week layover. Adopted Yeas - 5 Nays - 2(KramerNVenci) Drafted by: � Pattie Kelley Recording Secre ary • Subm� ed by: Beth Bartz Southwest Team • MfNUTES OF THE ZONING COMMfT7EE Thursday, Aprii 16, 1998 - 3:30 p.m. PRESENT: ABSENT: OTHERS PRESENT: City Council Chambers, 3rd Floor City Hati and Court House 15 West Keilogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wencl (excused) Peter Warner, Assistant City Attorney; Beth Bartz, Kady Dadlez, Donna Drummond, Pattie Kel�ey, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WlLLIAM DUNNIGAN -Zoning File 9&051 - Rezone from RT-2 to 8-3 to allow expansion of an existing auto repair and service station for properties located at 365-367 and 371 N. Smith. �� Roger Ryan presented a brief update of the Apri! 2, 1998 Zoning Committee meeting where staff was directed to contact people who had signed the petition to verify that they understood what they had signed. He stated he has spoken to a(I of tt�e people who signed the petition, and the results of those conversations are outlined in a memo to the Committee dated April 13, 1998. Mr. Ryan referred to a second memo dated April 16, 1998, which explains that three i�vatid signatures had been resubmitted and • are now valid. Mr. Ryan said there are 24 properties within the 150 feet requirement, that fourteen signatures are required, and the appficant has sixteen vafid signatures. Mike Black, 265 W. 7th Street, appeared and upon his question, Mr. Ryan confirmed that the applicant does have the required signatures. Upon question of Commissioner Gordon, Mr, Biack stated that the applicant will relocate the fourplex in the neighborhood. No one else appeared, and the public hearing was closed. Commissioner Gordon moved approvai of the staff recommendation, and the motion was seconded by Commissioner Chavez. There was no discussion, and roil cail was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Keiley Recording Secretary Submitted by: Rog yan Southeast Tea Approved by: �� Mark Vaught Acting Chair � MINUTES OF THE ZONiNG COMMITTEE Thursday, April 16, 1998 - 3:30 p.m. PRESENT: ABSENT; City Council Chambers, 3rd Floor City Hali and Court House 15 West Kellogg Boulevard Chavez, Gordon, Kramer, Morton and Vaught Faricy, Field, and Wencl (excused) OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Kady Dadlez, Donna Drummond, PRESENT: Pattie Kelley, and Roger Ryan of PED The meeting was chaired by Commissioner Vaught. JEROME LACROIX AND WILLIAM DUNNIGAN - Zoning File 98-051 - Rezone from RT-2 to B-3 to allow expansion of an existing auto repair and service station for properties located at 365-367 and 371 N. Smith. ✓ Roger Ryan presented a brief update of the April 2, 1998 Zoning Committee meeting where staff was directed to contact peopfe who fiad signed tfie petition to verify that they understood what they had signed. He stated he has spoken to afi of the people who signed the petition, and the results ofi those conversations are outlined in a memo to the Committee dated April 13, 1998. Mr. Ryan referred to a second memo dated April 16, 1998, which explains that three invalid signatures had been resubmitted and are now valid. Mr, Ryan said there are 21 properties within the 150 feet requirement, that fourteen � signatures are required, and the applicant has sixteen valid signatures. Mike Black, 265 W. 7th Street, appeared and upon his question, Mr. Ryan confirmed that the appiicant does have the sequired signatures. Upon question of Commissioner Gordon, Mr. Biack stated that the applicant will relocate the fourplex in the neighborhood. No one else appeared, and the public hearing was closed. Commissioner Gordon moved approval of the staff recommendation, and the motion was seconded by Commissioner Ghavez. There was no discussion, and rofl call was taken. Adopted Yeas - 5 Nays - 0 Drafted by: Pattie Kelley Recording Secretary Submitted by: Approved by: �''� �y� �/ / _ Rog yan _ Mark ught Southeast Tea Act+�g Chair �►$ '� �� • Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard �Vest A meeting of the Pianning Commission of the Ciry of Saint Paul was held Fnday, April 24, 1998, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Maddox, Morton, Nordin, Treichel, and Present: Wencl and Messrs. Chavez,. Field Jr., Gervais, Gordon, Kong, Kramer, Mardell, McDonell, I�3owlin, and Vaught. Commissioners Messrs. *Johnson and Sharpe Absent: *Excused • Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Kady Dadlez, Donna Drummond, Nancy Homans, and Larry Soderholm, Department of Planning and £conomic Development staff. I. Approval of Minutes of April 10, 1997 bTOTiON: Commissio�:er McDortell moved approval of the n+in:�tes ofApril I0, I998; Coraniissioaer Field secor:ded ihe motion. II. III. • Commissioner Field asked that the minutes be amended to include the words "the applicant said thaY' before the words "they ao eed to" in line two on page six. Staff agreed to add those words. TITe n:otion to approve the mnended n:iuutes of,4pri110, 1998 carried ui:axinaoarsly on a voice vote. Chair's Announcements Chair Morcon announced that a letter is going out to the district councils informing them about the Planning Commission quadrant liaisons. Planning Administrator's Announcements NIr. Ford reported that he and some Planning Commission membns heard Jeremy Riflcen, economist, at this past week's "Cities at Work" Forum. He reminded Commissioners about the forum coming up on housing next Tuesday evening, April 28, at 5:30 p.m., at Jehovah Lutheran Church on Thomas and Snelling Avenue. You may call to make a reservation for • supper; there will be no cost. Tom Fulton, Family Housing Fund and Gloria Bostrom, Fannie Mae, will be making presentations about the housing market and the potential for housing in the area. A panel of reactors will include Ray Harris, a deveioper; Don Gotdschmidt, director of Frogtown Community Development Corporation; Nancy Homans, PED planner; and Ierry Blakey, Saint Paul Councilmember. The Millard Fillmore Conference will be held May 18. A dinner will be held in the evening, an annual celebration of what's going on for revitalization of the Saint Paul Riverfront and do�mtown. At the same time, the Saint Paul Riverfront Corporation is sponsoring an all day conference focusing on river related redevelopment. He noted that it would be very • worthwhile to have some Planning Commissioners attend the conference. Registration fee is $50; the Commissioner wil] cover the cost for Commissioners able to attend. Brochures are avaitable. IV. Zoning Committee Commissioner Vaught provided the committee report. �,{_77� Alter Tradin;S'�rnoratinn - Conclude special condition use permit process for a large metal shredder at 801 Barge Channel Road. (I:ady Dadlez, 266-6574) MOTIO\: Conen:issioner Vauglet moved de�:ial of tl:e requested specia! coi:ditio�i ttse permit to allorv a large rnetal shredder ar 801 Barge Channel Road. Commissioner Chavez noted that he wou[d not support the motion. Commissioner Gordon stated thai although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Coccncil voted to prohibit large metal shredders in the City of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gocdon's. The motion on tlre floor to deny the requested speci¢I conditin�a use permit to allvw a large . nteta[ shredder at 801 Barge Chaiusel Road carried on a voice vote of 16 - I(CFsavez). �Q$_QjyJ�rome?.3 C'roiY ! W'�am Dunnisan - Rezone properiy from RT-2 (residential} to B-3 (generai business) to atlow expansion of an existing auto repair and service station at 365- 367, 371 Smith North. (Beth Bartz, 266-6580) AIOTTO\: Corr:missioner Yaug/tt n:oved approval of the requested reZO�ting ofproperty from RT-2 (residentia[) to B-3 (general business) to allorv erpassion of an existing auto repair and service siation at 365, 367, 371 Smi[h Nortla. Commissioner Gordon wanted the record to show that one of the buildings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condirion and also is considered to be of historic value. Ae commented that he and other committee members were concerned about what wouid hagpen to those two properties, especially the 4- piex in connection with maintaining tow and moderate income housing in thai neighborhood. The Committee received a representation from the applicant that the 4-plex wouTd be relocated elsewhere in the neighborhood; it would not be destroyed. The duplex may well be destroyed. The n:otion on the floor carried unanimously on a voice vote. �Q$ Aahih Amini - Detecmination of similar use that an art gallery is similar to other B-1 uses at 244 Albert. (Beth Bartz, 266-6580) ��10N: Commissio�aer Vaught moved approval of tke requested deter�:�ination of similar • use, witli conditions, tl�at an aH gallery is similar to otker B-I uses at 244 Albert carreed unanineously on a voice vote. a8 •'��°y downto�vn. At the same time, the Saint Pau3 Riverfront Corporation is sponsoring an all day conference focusing on river related redevelopment. He noted that it would be very worthwhile to have some Planning Commissioners atiend the conference. Registration fee is —� $50; the Commissioner wi11 cover the cost for Commissioners able to attend. Srochures are available. IV. Zoning Committee Commissioner Vaught provided the committee report. #95-170 Alt�r Tradin�org^ratinn - Conclude speciai condition use permit process for a large metal shredder at 801 Barge Channe] Road: (Kady Dadlez, 266-6574) 1140TjQN: Co++urtissiorter Vai�gl�t :uoved der+ial of lhe re7uesled special coitditiat use pennit to aliow a large �tietal shredder at 80I Barge Chmittei Road. Commissioner Chavez noted that he would not support the motion. Commissioner Gordon stated that although he would have preferred to accommodate that use, he will vote to deny because there is no choice since the City Council voted to prohibit large metal shredders in the City of Saint Paul. Commissioner Vaught stated that his position and his vote are the same as Commissioner Gordon's. Tke rrto[ion on d:e Jloor !o de�:y tlee requested specra! cardi�ion rrse perneil to alloiv a large meta! sl�redder at 801 Barge C/tarute! Road carried on a voice vote of 16 -1 (Ckavez)• �-'' -051 .Ter9mel,a_Croir ! Williaml2��nigan - Rezone property from RT-2 (residential) to B-3 (general business) to allow expansion of an existing auto repair and service station at 365- 367, 371 Smith North. (Beth Bartz, 266-6580) 1�10Ti0\: Con�utissioner Varrgkt nioved approva( ojtlee requested rezor�i�ig of property frorri RT-2 (resideritial) to B-3 {geueral busi�tess) to alloiv expa�:sion af an existir:g attto repnir a�:d service staiio�e at 365, 367, 371 Sneidi Nortl�. Commissioner Gordon wanted the record to show that one of the buiidings on this property is a duplex in a state of disrepair and the other is a 4-plex which is in much better condition and also is considered to be of historic value. He commented that he and other committee members were concemed about what would happen to those two properties, especially the 4- plex in connection �vith maintaining low and moderate income housing in that neighborhood. The Committee received a representation from the applicant that the 4-plex would be relocated elsewhere in the neighborhood; it would not be destroyed. The duplex may well be deshoyed. The motio�: o�: tlee floor carried �uiaaimously oia a voice vote. �9$OSZAabih Ami¢i - Determination of similar use that an art gallery is similar to other B-I uses at 244 ASbert. (Beth Bartz, 266-6580) MOT10N: Co�nmissioner Vaught moved approval of t7�e requested detenninatioii of similar use, wit/t conditions, tha[ an ar1 gallery is sin:ilar ta other B-I uses ar 244 Albert carried `,/ ur�animous[y on a voice vote. � � -� �y • ZONING COMMITTEE STAFf REPORT FILE # 98-051 1. APPLICANT: )EROME LACROIX AND WILLIAM DUNNIGAN III DATE OF 4iEARIMG: 04/02/98 2. CIASSIFICATION: Rezoning 3. LOCATION: 365-367 and 371 North Smith 4. PLANNING DISTRICT: 9 5. LEGAL DESCRIPTfON: Lots 4 and 5, Block 3; Samuel Leech's Addition to the 7own of Saint Paul 6. PRESENT ZONING: RT-t ZONING CODE REFERENCE: §64.40� 7. STAFF iNVE5TIGATION AND REPORT: pA7E: March 23, 1998 BY: Beth Bartz 8. DATE RECEIVED:03102l98 DEADLINE FOR ACTION: OS/01/98 A. PURPOSE: Rezone the properties from RT-2 to B-3 to allow expansion of an existing auto repair and service station. B. PARCEL SIZE: Each of the parcels is 50.84 feet wide and 173.4 feet deep (or a total area of 17,631 • square feet. C. EXISTING LAND USE: There is a four-plex residential structure at 365-367 N. Smith and a duplex at 3J1 N. Smith. D. SURROUND�NG LAND USE: North: An existing auto repair and service station in a B-3 district. East: Single family and duplex structures in an RT-2 district. South: Single family and duplex structures in an RT-2 district. West: Single family and duplex structures in an RT-2 district. E. ZONING CODE CITATION: Section 64.400(a? states in paR that "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review distrid boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of The area of the property to be rezoned." F. HISTORY/DISCUSSION: There is no previous history on these parcels. � G. DISTRfCT COUNCIL RECOMMENDATION: District 9's meeting schedule will not allow them to take an official position on this rezoning prior to the Aprii 2 public hearing. Zoning File #98-051 Page 2 H. FINDINGS: Erna Salmonsen, proprietor of Grand & Smith Mobii, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex (365-367) to provide additio�al parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are being made to relocate the fourplex to another site. The applicant believes that the additional area wi!! relieve congestion and confusion on the site, provide for more orderly storage of vehicles waiting to be serviced, and allow service trucks to be stored indoors when not fn use. The app(icant does not p(an to expand either the service station itself or the number of pumps on site. 2. Section 60.544 (t8) of the Zoning Code permifs automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeTing all of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. 3. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues indude buffering and setbacks as well as use of the 365-367 parcel tor both residential and commercial use. Therefore, the proposed sfte plan cannot receive administrative approval. C� 4. The rezoning is consistent with the Saint Pau! Housirtg Policy for the 1990s. Policy 39 states: • "Identify specific areas of incompatible iand uses that detrad from residentiai quality in the city and seek opportunities to resolve these land use conflicts through acquisition, redevelopment, and support of private eftorts that strengthen the edges between residential and other la�d uses." This partially residential block on Smith lies behveen substantial commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of I-35E with access a short distance away on Grand Avenue and the reconstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street conneding these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirab(e residential area. Resolving this conflict by rezoning to a similar commercial level as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west, 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residential and commercial uses exist. 6. The rezoning is consisrent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expansion of United Hospital to the northeast. West Seventh is also experienci�g redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the south. High traffic volumes on Smith and tfie small triangular block created by the layout of Grand, West Seventh and Smith create a difficult situation to sustain residential use on Smith Avenue. The rezoning will not have an adverse impact on adjacent properties if appropriate landscaping and screening is-installed on the south and west sides of any development of the property to shield the � residential uses there. �� ``� Zoning File #98-051 Page 2 ✓ H. FINDINGS: Ema Salmonsen, proprietor of Grand & Smith Mobi�, is the contract purchaser of both properties. William and Maureen Dunnigan are the present owners of 365-367 Smith Avenue North; Jerome Lacroix is the owner of 371 Smith Avenue North. Ms. Salmonsen intends to first remove the duplex (371) and eventually remove the fourplex (365-367) to provide additional parking and construct a 40' by 50' garage for three flat-bed trucks used in the service station. Efforts are bei�g made to relocate the fourplex to another site. The applicant belieyes that the additional area will relieve congestion and confusion on the site, provide for more orderly storage of vehicles waiti�g to be serviced, and allow service trucks to be stored indoors when not in use. The applicant does not plan to expand either the service station itself or the number of pumps on site. 2. Section 60.544 (18) of the Zoning Code permits automobile service facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potentia! of meeting all of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside srorage. 3. The proposed site plan does not meet the required conditions for a Special Conditional Use Permit. Issues indude buffering and setbacks as well as use of the 365-367 parcel for boih residential and commercial use. Therefore, the proposed site plan cannot receive administretive approva4. 4. The rezoning is consistent with the Saint Paul Housing Policy for the 1990s. Policy 39 states: "�dentify specific areas of incompatible land uses that detract from residential quality in the city and � seek opportuni[ies to resolve these land use conflicts through acquisition, redevefopment, and support of private efforts that strengthen the edges between residential and other land uses ° This par(ially residential block on Smith lies between substantia{ commercial redevelopment of Grand Avenue to the north and West Seventh to the south. Since the opening of {-35f with access a short distance away on Grand Avenue and the re�onstruction of the High Bridge on Smith to the south, Smith has become a high traffic (8400 ADT), though narrow, street connecting these two major traffic routes. The amount of traffic and the narrowness of the street create an undesirable residential area. Resolving this conflict by rezoning to a similar commercial ievel as Grand and West Seventh is appropriate and provides a stronger edge to the residential area to the west. 5. The District 9 plan, adopted in 1980, indicates this block is designated as residential w/some commercial interspersed. Grand is designated as a minor arterial similar to West Seventh. The plan also states buffers should be developed where conflicts between residential and commercial uses exist. 6. The rezoning is consistent and compatible with the way the area has developed. Grand Avenue between I-35E and West Seventh Street has seen significant commercial redevelopment since the opening of the interstate and major expansion of U�ited Hospital to the northeast. West Seventh is also experiencing redevelopment, most notably in this area with the reconstruction of the Salvation Army building to the soufh. High traffic volumes on Smith and the small triangular block created by the layout of Grand, West Seventh and Smith create a difficul[ situation to sustain residential use on Smith Avenue. The rezoning will not fiave an adverse impact on adjacent properties if appropriate landstaping and screening is installed on the soutfi and west sides of any development of tfie property to shield the residentia{ uses there. J % PETITION TO AMEND THE ZONING CODE Departmeni of Planning and Economic Development Zoning Section Il D� City� Hall Anner 25 Wesr Fourth Srreer Saini Paul, MA' S5102 266-6589 APPLICANT PROPERTY LOCATION �� a�� : �� - �.� ' ,�, i �' ': Cify st. Paul gt MN Zjp 55102 Daytime phone Contact person (if different) Erna Saimonsen 222-2993 Address/Location 365 - 367 Smich Ave. Norch Legaldescription Lot 4, Block 3, Samuel Leech's Addition to the Town of St. Paul (attach additional sheet if necessary) � TO THE HONORABLE MAYOR AND CITY COUNCIL: • Pursuant to Section 64.40D of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, william J. Dunnigan zIZ , the owner of alI the land proposed for rezoning, hereby petitions you to rezone the abovs described property from a x'r-2 zoning district to a B-3 zoning district, for the purpose of: Removing the existing du��ex, building a 40 x 50 foot garage for the storage and service of � trucks, and using the remaining area for parking. The nroperty is being acquired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobi1, located at 236 Grand Avenue. (aftach additional sheet(s) if necessapy) Attachments: Required site plan IJ� Subscribed and sworn to before me this /p�` day of �✓r /' , 19� X GfJ�,�,� �(d�_�,� By x �LQ ticl�e<� �� vr��. ._ Fee owner of property Titie: Page 1 of �_ Notary Public >� A4ICHAELG.BIACK „� "j �i NOTARY Pl1u�IC • M4hNESQTA �`-'`' f,yConmusstonEzpires.W+�� Consent petition L�1 Affidavit � • o �g.�c.y • Zoning File #98-051 Page 3 8. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet ot the property stating support for the rezoning (21 parcels eligible, 14 required, and 14 signed). STAFF RECOMMENDATION: Based on findings 1 througf� 2 and 4 through 7, staff recommends approval of the rezoning petition. � U C� / SAfNi i .,,�� I� '11A11A � PET(TtON TO AMEND THE ZONING CODE Departmenr of Pfanning and Economic Development Zoning Sectiorr II00 City Hal! Annex 25 West FourOr Street Saint Paul, MN SSIO2 2b6-6589 APPLICANT City St. Paui gt MN Zj 55102 Daytime phone Contact person {if different} Erna Salmonsen 222-2993 P�Ope(ty OWnef William J. Dunnigan III / Erna Salmonsen AddreSS 266 Mackubin Avenue PROPERTY Address/Location 365 - 367 Smith Ave. North LOCATION g p Lot k , Le ai descri tion , Block 3 Samuel Leech's Addition to the Town of St. Paul_ (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND CiTY COUNCIL: � Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, William J. Dunnigan III , ihe owner of alf the land proposed for rezoning, hereby petitions you to rezone the above described property from a xT-2 zoning district to a B-3 zoning district, fior the purpose of: � Removing the existing du��ex, building a 40 x 50 foot garage for the storage and service of �:3o trucks, and using the remain3ng area for parking. The nroperty is being acquired by Erna Salmonsen, who intends to add it, along with the property at 371 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 236 Grand Avenue. (attach additional sheef(s) if necessa ) ,_,.,/ � Attachments: Required site pian � Consent petition t� Affidavit Subscribed and sworn to X � before me this � day B �c� (� Q�,,, -',_ of l� y� /� , � g� Fee owner of property Title: Notary Public s .�••---_.____ g,.;=;.•-, A4ICHAELC.BLACK � �'"' �' NOTARY PUGLiC - MIA'NES07A _... � M • k V VN^. Page 1 of 1� a�-?�`f � � PE'�ITION TO AMEND TIiE ZONING CODE •� Department of Planning and Economic Dwelopment Zoning Section IZ00 City Hal! Annex 25 West Fourth Street Saint Paul, MN SSIO2 266-6589 APPUCANT PROPERTY LOCATION r.sl • TO THE HONORABLE MAYOR AND ClTY COUNCtL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, .rerome 5. Lacroix , the owner of all the fand proposed for rezoning, hereby petitions you to rezone the above described property from a RT-2 zoning district to a$ zoning district, for the purpose of: Removing the existing duplex, building a 40 x 50 foot garage for the storage and service of tow trucks, and using the remaining area for parking. The pro- perty is 6eing acquired by E-na Salmonsen, who intends to add it, along with the property at 365 - 367 Smith Avenue North, to her existing business, Grand & Smith Mobil, located at 326 Grand Avenue. � (attach additiona/ sheet(s) if necessa ) _/ �/ Attachments: Required site pian � Consent petition !� Affdavit Ld' Subscribed and sworn t� before me this � day of __Z��i��, '19�� otary Public °��"��y Property Owner.rerome S. Lacroix(Erna Salmonsen A/'IfIfPRS 371 Smith Avenue North City St. Paul St. MlvZip 55102 Daytime phone �22-2993 Contact person (if different) Erna Saimonsen 222-2993 Address/Location 371 smith Avenue Norch Legal deSC�ipti0n Lot 5, Block 3, Samuel Leech's Addition to the Town of St. Paul (attach addrtrona/ sheet if za��$ �� , ��e �a �� Fse �°�.- S -�: �Stf�S'f1Y � fl#'ICj t'�� „ 2 � ,� Titie: .v::.PN�:. : .b . .4^.r\h a�t:�. _ �..b:`. .: �, J06.'rJ A. PROiCO? � � R �Q7p � ._� RA?.'SEyCOUN7Y �'/ Cc.r.�!w'on "cxp:; es Jati 3t, Y_� S i-r.v � .n^ r��r.w:.n , •.t�.�.v��nti^rrr:,w . Page,�of r7 ��c��D C�o Black ��C� ��C�C� b�C�o.l February 19, 1998 Ms. Kady A. Dadlez St. Pau2 Departmeat 25 West 4th Street St. Paul, Minnesota Suite 201 265 W. 7th St. (Fort Road) St. Paul, Minnesota 55102 (612) 222-2587 FAX: (612) 222-2589 HAND DELIVERED of Planning & Economic Development 55102 Re: Re�oning Application for property at 365-367 and 371 Smith Avenue North Dear Ms. Dadlez: I enclose with this letter the Following materials related to the rezoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunnigan for the property at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacroix for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by Yust Architectural Services, showing how the two lots will be incorporated into my client's business. The four-plex at 365-367 Smith Avenue North will remain until appro- priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed and a new garage build- ing built at the rear of that lot. A new carb cut will also be installed at 371 Smith Avenue North and the Iot will 6e paved for a parking 1ot. 4. Ten pages of consent forms signed by neighboring property owners. These consent forms cover 14 of the 2Z property owners within 100 feet of the properties, as identified in the report prepared by your office. 5. Affidavit of Petitioner signed by Jerome Lacroix. 6. Affidavit of Petitioner signed by William Dunnigan. 7. Three Affidavits of persons circulating the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, all of whom were involved in obtaining the consent signatures. � • • ��c�I��c�Il C�o Black �� Oo ff ��c� ��1 February 19, 1948 q8'-�cy su�te zol 265 W. 7th St. (Fort Aoad1 St. Paui, Minnesota 55102 (612) 222-2587 � FAX: (612) 222-2589 HAND DELIVERED Ms. Kady A. Dadlez St. Pau.� Aepartment o� Planning b Ecanomlc Aevelapment 25 West 4th Street St. Paul, Minnesota 55102 Re: Rezoning Application for property at 365-357 and 371 Smith Avenue North Dear Ms. Dadlez: I enclose with this letter the following materials related to the rezoning application on the above property: 1. Petition to Amend Zoning Code by William and Maureen Dunni�an for the property at 365-367 Smith Avenue North. My client, Erna Salmonsen, is listed as the contact person for this application. 2. Petition to Amend Zoning Code by Jerome Lacroix for the property at 371 Smith Avenue North. Erna Salmonsen is listed as the contact person. 3. Site plan prepared by Yust Architectural Services, showing how the two lots will be incorporated into my client's business. The four-plex at 365-367 Smith Avenue North will remain until appro- priate arrangements can be made to move the building to another location. The duplex at 371 Smith Avenue North will be razed and a new gar�ge build- ing built at the rear of that loc. A new curb cut will also be installed at 371 Smith Avenue North and the lot will be paved for a parking lot. 4. Ten pages of consent forms signed by neighboring property owners. These consent forms cover 14 of the 21 property owners within 100 feet of the properties, as identified in the report prepared by your office. 5. Affidavit of Petitioner signed by Jerome Lacroix. 6. Affidavit of Petitioner signed by William Dunnigan. 7. Three Affidavits of gersons circulating the consent petition, signed by Erna Salmonsen, Wesley Salmonsen and Dave Salmonsen, all of whom were involved in obtaining the consent signatures. � � °I�'?�y Ms. Kady A. Dadle2 Page 2 • February 19, 1998 &. A copy of my client's purchase agreement with William and Maureen Dunnigan for the property at 365-367 Smith Avenue North. 9. A copy of the purchase agreement between my client and Jerome Lacroix for the purchase of the property at 371 Smith Avenue North. 10. My client's check in the amount of $670.00 payable to the City of St. Pau1 for the zoning application fee. 11. A Statement Supporting Rezoning Application prepared by my office to support this application. Based on the schedule of ineetings which you provided to me, I understand that the cut-off date for this petition is March 2, 1998, and that notices wi11 be mailed on March 14, 1948. The application wi11 come before the zoning committee for a public hearing on April 2, 1998 and be- fore the full planning commission on April 10, 1998. You have advised me that the City Council meeting for approval of the application is usually scheduled approximately three weeks after the planning commission meeting. I also understand that my client must submit a Special Condition • Use Permit Application relating to my client's current property at 236 Grand Avenue, and that this application will be handled on a staff level. Please advise me as to the proper timing to file this application. Thank you for your assistance in this matter. Sincerely, %y'�'"�� ✓�� Michael C. Black MCB/mmb ENC: cc: Erna Salmonsen • STATEMENT IN SUPPORT OF REZONING APPLICATION Erna Salmonsen has operated Grand & Smith Mobil as a sole pro- • prietorship at 236 Grand Avenue in St. Paul since 1984. Her sons, Wes and Dave, also work full-time at the service station. The business has expanded gradually over the years. In addition to selling retail gasoline and related products and a full service repair shop, 6rand & Smith Mobil also has a drive- through car wash and a thriving towing business. The towing business consists of six tow trucks. The business occupies a 26,000 square foot site at the southwesi corner of Grand Avenue and Smith Avenue North. The entire property is paved with asphalt, At the present time, all the husiness' vehicles are parked outside on the property, along with any number of vehicles which the repair shop may be working on. This creates congestion in the parking lot for retail customers of the station. Additional area is needed for the storage of vehicles. • Ms. Salmonsen has entered into purchase agreements with William and Maureen Dunnigan and Jerome Lacroix £o'r the purchase of 365-367 Smith Avenue North and 371 Smith Avenue North, respectively. Both of these properties presentZy have multi-family housing units on them. 365-367 Smith Avenue North has a victorian era four-plex which is presently rented to residential tenants. 371 Smith Avenue North is a duplex, one-hal£ of which is occupied by Mr. Lacroix. The four-plex has unique architectural features and is worth preserving. Ms. Salmonsen`s plan is eventually to remove both buildings and expand the parking lot of her business to encompass the entire area. She also plans on constructing a one-story garage bui2ding, measuring 40 feet by 50 feet, for the storage and service of three flat-bed tow trucks used in the service station. For the moment, Ms. Salmonsen plans to remove the duplex property ae 37I Grand Avenue and build a garage building at the rear of that lot. The • °I g _��`� STATEMENT IN SUPPORT OF REZONING APPLICATION Erna Salmonsen has operated Grand & Smith Mobil as a sole pro- �/ prietorship at 236 Grand Avenue in St. Paul since 1984. Her sons, Wes and Dave, also work full-time at the service station. The business has expanded gradually over the yeais. In addition to selling retail gasoline and related products and a fu11 service repair shop, Grand & Smith Mobil also has a drive- through car wash and a thriving towing business. The towing business consists of six tow trucks. The business occupies a 26,000 square foot site at the southwest corner of Grand Avenue and Smith Avenue North. The entire property is paved with asphalt. At the present time, all the business' vehicles are parked outside on the property, along with any number of vehicles which the repair shop may be woxking on. This creates congestion in the parking lot for retail customers of Che station. Additional area is needed for the storage of vehicles. Ms. Salmonsen has entered into purchase agreements with William and Maureen Dunnigan and Jerome Lacroix for the purchase of 365-367 Smith Avenue North and 371 Smith Avenue North, respectively. Both of these properties presently have multi-family housing units on them. 365-367 Smith Avenue North has a victorian era four-plex which is presently rented to residential tenants. 371 Smith Avenue North is a duplex, one-half of which is occupied by Mr. Lacroix. The four-plex has unique architectural features and is worth preserving. Ms. Salmonsen's plan is eventually to remove both buildings and expand the parking lot of her business to encompass the entire area. She also plans on constructing a one-story garage building, measuring 40 feet by 50 feet, for the storage and service of three flat-bed tow trucks used in the service station. For the momenC, Ms. Salmonsen plans to remove the duplex property .,..� at 371 Grand Avenue and build a garage building at the rear of that lot. The J m �� four—plex will remain until it can be relocated to a suitable 1ot. 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