90-1759 O.R I G I NA L, - - � � ;' Council File # �-
i
: .�
Green Sheet #
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
i
Referred To Committee: Date
Whereas, Richard elgeson appealed to the Board of Zoning Appeals from a decision of the
Zoning Administrator in he application of the provisions of the Saint Paul Zoning Code for
property located at the s uthwest corner of Magnolia Avenue and Barclay Street, legally described
as north 170 feet of Lots 1 and 2, Block 2, Ames Outlots; and
Whereas, The purp se of the appeal was to overturn the decision of the Zoning Administrator
that the applicant's propo ed project constituted two 24 unit rooming houses instead of two 6-unit
apartment buildings uner he provisions of the Zoning Code; and
Whereas, The Boar of Zoning Appeals conducted a public hearing an August 7, 1990, after
having provided notice to ffected property owners, and the Board, by its Resolution 90-163,
decided to affirm the deci ion of the Zoning Administrator based on the findings and conclusions
set forth in the Board's R solution 90-163, a copy of which is part of the �ecord of these
proceedings and incorpora ed herein by reference; and
Whereas, Pursuant t the provisions of Section 64.205, Richard Helgeson, duly filed with the
City Clerk an appeal from the determination made by the Board of Zoning Appeals, requesting that
a hearing be held before t e City Council for the purpose of considering the actions taken by the
said Board; and
Whereas, Acting purs ant to Sections 64.205 through 64.208, and upon notice to affected
parties a public hearing wa duly conducted by the City Council on September 13, 1990 where all
interested parties were give an opportunity to be heard; and
Whereas, The Counci , having heard the statements made, and having considered the appeal,
the report of staff, the reco d, minutes and resolution of the Board of Zoning Appeals, does hereby
Resolve, That the Co ncil of the City of Saint Paul does hereby affirrcn the decision of the
Board of Zoning Appeals i this matter and does hereby concur in and adopt those findings and
conclusions; and be it
aRiGlNAL ��,_�,��
.
Further Resolved That the appeal of Richard Helgeson be and is hereby denied; and, be it
Finally Resolved, at the City Clerk shall mail a copy of this resolution to Richard Helgeson,
the Zoning Administrat r, Planning Commission and Board of Zoning Appeals.
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Yeas Na s Absent Requested by Department of:
Dimon
Goswitz
Lon �
Macca e
Rettman �
T une �
Witson � BY�
�
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Adopted by Council: Date
�C T 4 �ggp Form Approved by City Attorney
Adoption Certified by Co ncil Secretary By.
:
� �
BY' Approv by Mayor for Submission to
Approved by Mayor: Date 0�I � 133U Counci
.
BY: .�-C� �,!s-?-�Z�/ By:
PU LISHED 0 C T 1 � 1990
9�_. /�9
DEPARTMENT/OFFlCEKAUNpL DATE INITIATED
c�t-� �:lerk's off��e GREEN SHE T Na � 2 0 9
OONTACT PERSON 3 PHONE INITIAU TE INITIAUDATE
�DEPAR7MENT DIRECTOR �CITY COUNqL
A1 Olson 4231 ��� �cmr�rroRN�r �cm c�uc
MUBT BE ON COUNqI ACiENDA BY(DATE) pOUTINp �BUDOET DIRECTOR �FIN.R MOT.BERYICE8 DIR.
�MAYOR(OR A8318TAN �
TOTAL#�OF SIGNATURE PAGES (CLIP ALL LOCATION8 FOR SIGNATUR�
ACiION REWlE3TED:
Resolution denying t e appeal of Richard I�elgeson to a decis3o of the Board of Zoning
Appeals for proper y located at the southwest corner of 1�iag lia & Barlay.
RECOMMENDATIONS:Approve(A)a RejeCt(f� COUNqL COMMITTEE/RESEARqi REPORT OP
_PLANNINQ COMMISSION _qVIL RVICE COMMIBSION �YST PHONE NO.
_q8 COMMITTEE _
_STAFF _ �MENTS:
—DIBTRICT COURT _
SUPPORTS WHICH COUNCIL OBJECTIVE?
INITIATIN(i PROBLEM,183UE.OPPORTUNITY ,Whnt.When,Where.Wh»:
Resolution requested by Council con�irming action taken at Public Hearing held September 13,
1990.
ADVANTA(iES IF APPROVED:
Coun i� i e:��arch C�nter
��� 21 l�!��
DISADVANTACiES IF APPROVED:
DISAOVANTACiE3 IF NOT APPROVED:
RECEIVED
s��7��0
C�TY CL�RK
TOTAL AMOUNT OF TRANSACTION = COST/REVENUE BUDOETED( ONL•� YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANqAL INFORMATION:(IXPWI�
��
t „ .� .
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE(3REEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASINO OFFICE(PHONE NO.2�-4225).
ROUTING ORDER:
Below are preferred routings for the flve moat frequent typea of documents:
CONTRACTS (assumes authorized OQUNCIL RESOLUTION (Amend, Bdgts./
budget exists) Accept.Grants)
1. Outside AgenCy 1. Department Director
2. Initiating Department . 2. Budget Director
3. Ciry Attomey 3. City Attomey .
4. Mayor „ 4. Mayor/Assista�t
5. Finance 8 Mgmt Svcs. Director 5. Ciry Council
6. Flnance Accounting 6. Chief AccountaM, Fin&Mgmt Svcs.
ADMINISTRATIVE ORDER (Budpet COUNCIL RESOLUTION (all others)
Revision) and ORDINANCE
1. Activity Manager 1. Initiating Department Director
2. Department Accountant 2. Ciry Attorney
3. DepartmeM Director 3. Mayor/AssistaM
4. Budget Directo� 4. Ciry Council
5. Ciry Clerk
6. Chief Accountent, Fin�Mgmt Svc�.
ADMINISTRATIVE ORDERS (all others)
1. Initiating Depanment
2. Ciry Attomey
3. Mayor/Assistant
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the#of pages on which signatures ere required and paperclip
each of these pages.
ACTION RE�UESTED
Describe what the proJecUrequeat aeeks to accomplish in either chronologi-
c�l order or order of importance,whichever is most eppropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question haa been preaeMed bebre any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Coundl objective(s)your projecUrequest aupports by listing
the key word(s)(HOU31N(3, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS REGIUESTED BY COUNCIL
INITIATING PROBLEM, ISSUE,OPPORTUNITY �
Explain the situation or conditions thet created a need br your proJect
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are speciflc we in which the Ciry of Seint Paul
and its citizens will beneflt from Mis pro�ect/actfon.
DISADVANTA(3ES IF APPROVED
What negative effects or major changes to exiating or past prxesses might
this proje�ct/request�proda�A if it is passed(e.p.,traffic delays, noiae,
tax increases or assessments)?To Whom?When?For haiv long?
DISADVANTAOES IF NOT APPROVED
What will be the nepative consequenc�if the promised action is not
approved?Inability to deliver eervice7 Continued high traffic, nase,
accideM rete?Loes of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is it
going to cost7 Who is going to pa�t
;.,----
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$CtTY �P �CITY OF SAINT PAUL
,R �� DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT
o . a DIVISION OF PLANNING
,� �j1111,'t o 25 West Fourth Street,Saint Paul,Minnesota 55102
d 1111 111 11 �
a �
612-228-3270
�86'� ��/'
��t- Fax:612-228-3220
JAMES SCHEIBEL ���:����
MAYOR
V'� ����
August 20, 199 � � RF
� � ��'��v,��
� U��r
Mr. Albert B. lson, City Clerk ��Tr C �99D
Room 386, City Hall �Ejph
Saint Paul, MiYnesota 55102
Dear Mr. Olson:
This letter is written to confi.rm the hearing date for:
Applican : Richard Helgeson
File Number: 90-192
Purpose: Appeal the decision af the Board of Zoning Appeals
Legal Des ription of Property: SW corner of Magnolia & Barclay
North 170 feet of Lots 1 & 2, Blk 5;
Ames Outlots
Previous .ction:
Plann ng Di.vision Recommeiidation:
Zonin Committee Recommendation: �
Board of Zoning Appe31: Denied, vote: 5-0, 8-7-90
In order to all w time for the mailing of appropriate notices, please schedule
the haaring dat as soon as possible after 9-13-90. Our preference would be
9-13-90.
I will phone }�o within the next few days for schedule confirmation.
Si.ncerely,
� ' /�'
Daniel K. Baye�� (339d) �
Zoni.ng Section
cc: File � 90-1 2
Tanya
. L _ �
� �C� _'.����
l
APPLICATION FOR APPEAL R EC E I V E D ZONING OFFiCE USE ONLY
CITY OF SAINT PAUL File # qD -I'1 �
a�� 17 199� Application Fee S o�00 =- � � .
ZONING Tentative Nearing Date
/� �' vL
Application is hereby made for an Appeal to the (�r, v�G L - �
under the provisions f Chapter 64,� S�ec1�.� lP , ar aph dc 6 of the oning Code
to appeal a decision ade by the �Board o oning Appeals _ G�Q
Planning Cortmission on '- � , 19/
Zoning Administrator (date of decision)
Planning Administrator
Other
A. APPELLANT _.�'/�
Name ! � �� Daytime phone
Address ��5 C Y� L Zip Code . 3
.
,,�t�i f vc 4 'P ��C%/�
6. DECISION BEING A PEALED /
Zoning file name G�.°� Zoning File � �-(��
Property Address Location ��1�- o� / C
Legal descriptio
` � ,�' � va�-��
C. GROUNDS FOR APPE L (Use additional sheets if necessary.)
(cxplain why you feel there has been an error in any requirement, permit, decision
or refusal made by an administrative official, or an error in fact, procedure or finding
made by the Boa d of Zo►�ing Appeals or the Planning Cortmission.)
O��-¢, 7��t�Ci
If you have any q estions, please contact: �
plicant's e
St. Paul Zon ng Office
1100 City Ha l Annex �,_� �
25 West Four h Street
Saint Paul, innesota 55102 Date . City agen
(298-4154) 9/82
�� �' ��' �'J" '
ClTT oP CITY OF SAINT PAUL
$R$ ° DEPARTM OF PLANNING AND ECONOMIC DEVELOPMENT
��O ����������� 4 DIVISION OF PLANNING
�� ntt 1i1111 ^�� 25 West Fourth Street,Saint Paul,Minnesota 55102
612-228-3270
�e e• Fax:612-228-3220
JAMES SCHEIBEL
MAYOR
September 4, 1990
Albert Olson City Clerk
Aoom 386, Ci y Hall
Saint Paul, 55102
RE: Zoning ile #90-192 .
City Co ncil Hearing: September 13, 1990
PUR�'OSE: Ap eal from the Determ�nation of �r.� �3vard of Zoning
Appeals whic upheld the Decision of Zo�iny Adm�nistrator that
the applican 's proposed project con5�ii�utes two 24 unit rooming
houses inste d of two 6 unit apar�ment buildings.
STAFF RECOME DATION: That the Zoning Administrator correctly
decided that the applicant's proposed project constitutes two 24
unit rooming houses instea-: of two 6 unit apartment buildings.
SUPPORT• No e '�
OPPOSITION: Four letters from neighboring owners, the District 2
Community Co ncil, and a petition with 732 names.
Dear Sir:
On August 7, 1990 the Board of Zoning Appeals held a public
hearing on t is appeal of the Zoning Adminstrator's decision.
The applican testified. At the close of the public hearing, the
BZA voted 5 0 0 to deny the appeal and to uphold the decision of
the Zoning A ministrator in this matter.
This appeal 's scheduled to be heard by the City Council on
September 13 1990. Please notify me by September 11, 1990, if
any member o the City Council wishes to have slides of the site
presented at the public hearing.
Sinc rely, .
�,�i� f� . f.��
���/ .
Peggy A. Rei hert
Deputy Direc or for Planning i
PAR/JPd
Attachments
cc: Mayor S heibel
, . �D/�.55'
TO: The B ard of Zoning Appeals
DATE: Augus 7, 1990
Res onsive Statement of A licant to Staff Re ort
Applic nt respectfully submits the following for clarification
of the Sta f Report that must be considered in determining
Applicant's appeal.
1. Applic nt had his architect design two buildings that
confo in all respects to St. Paul zoning ordinances as
apartm nt buildings with each building containing six 4-
bedroo dwelling units. (See letter from Frank Reese
� Archit ct dated June 25, 1990 attached to Staff Report) .
2 . Applic nt' s project in the concept review stage was
approv d by Larry Zang of the Zoning Department for the �
rental of each dwelling unit to four unrelated adults.
3 . Pat Fi h, Supervisor of Residential Inspectors states
Applic nt's building at 1064 Marshall �tates that a
Certif'cate of Occupancy as Apartments was approved in
1978 a d renewed every three years since under Chapter
34 of e Legislative Code that defines a dwelling unit:
" hall mean a room or group of rooms located
w'thin a residence building and forming a
s'ngle habitable unit with facilities which
a e used or intended to be used for living,
s eeping, cookinq or eating" .
(Lette dated June 8, 1990 - copy attached to Staff
Report
Staff does ot dispute that 1064 is operated under the same concept
as that pro osed for the present project i.e. SRO units.
What Staff oes seem to be saying presently is now we are no longer
going to be using the Legislative Code definition of dwelling unit
in approvin or disapproving properties for which SRO tax credit
status has een applied and paid for, rather we are now going to
define the RO project as a rooming house and we can accomplish
this design tion by simply quoting Legislative Code 321.01 which
defines a r oming house as:
1
�� �� .. � 7,J f
Any residence, building, or any part thereof,
contain'ng one or more rooming units, in which space is
let fo periods longer than one each by the owner of
operati n to f ive (5) or more persons who are not husband
and wi e, son or daughter, mother or father, or sister
or brot er of the owner or operator.
It also defi es a rooming unit as:
Any om or group of rooms forming a single habitable
unit us d or intended to be used for living and sleeping
but not for cooking or eating purposes.
Staff indic tes this disposition of rooming house can be applied
to Applican 's project because:
1. We now, for purposes of SRO classification ignore Chapter
34 reg rding habitable units and simply classify the
entire uilding (which is composed of six habitable units
by pri r interpretations of the Zoning Department and
common sense) as one habitable unit and hence since this
classi ication exceeds the five persons of 334 . 01 the �
projec constitutes a rooming house (Findin 2 of the
Staff eport) . The approach advanced def�s common
sense w en it is remembered that each of the six dwelling
units 'n the buildings contains facilities that are
design d to be used only by the inhabitants of that
dwelli g unit, four single unrelated adults. The
inhabi ants of one unit cannot use the facilities located
in ano her unit which Applicant submits has to be the
basis u on which Staffs' argument is advanced. Applicant
submit that this attempt to change the zoning ordinances
of the City of St. Paul is a matter properly left to the
City Co ncil rather than the Zoning Department and should
not be used to deny his project.
2 . The St ff Report it appears in reaching its conclusion
attemp s to assume some creditability for its approach
from t e definition of Single Room Occupancy as defined
in the Code of Federal Standards which provides as
follow :
A unit which contains no sanitary facilities
o food preparation facilities, or which
c ntains one but not both types of facilities
( s those facilities are defined in Section
8 2. 109 (a) and (b) ) and which is suitable for
o cupancy by a single eligible individual
c pable of independent living (Section
8 2 . 102)
2
. � �v-��.ss
The pro osition advanced from quoting this definition as
support for Staff's position escapes the Applicant since
the Cod of Federal Standards goes on to provide:
fiZ�
Th �ime credits are available for SRO
tr atment only if the rooming unit is located
in a dwelling unit that has:
A. Sanitary facilities §882 .109 a;
B. Food preparation §882. 109 b;
C. Adequate space and security §882 . 109c; and
D. Thermal environment §882 . 109d.
There a e acceptability criteria set forth in the Code
for com liance with each of the required criteria for the
dwellin unit. Applicant submits that in each building
he has accomplished and performed those criteria six
separat and distinct times in each building creating six
� separat and distinct dwelling units. Applicant advances
the arg ment that the dwelling unit referred to in the
Code o Federal Standards is the same dwelling unit
referre to in Chapter 34 of the Legislative Code and '
which d finition has been clearly understood and defined
up to h s present application where denial is based upon
a rest tement of what is a habitable unit. The
classif 'cation and approval of SRO units is not in the
Zoning Code and should not be placed there as Staff
suggest in the absence of City Council action.
3 . Staff a so selects certain items of Applicant ' s proposed
leases ith tenants and uses these to say this is some
indicat'on of rooming house as opposed to apartment
rental. Al1 Applicant can argue here is that he believes
the rel tionship of landlord and tenant has always been
and is subject to agreement between the parties.
Whateve they choose to do is left to them to negotiate
and the question of providing phone j acks in each bedroom
or what ver can be negotiated by a tenant 'or offered by
a landl yd to induce rental or can be negotiated between
the ten nts occupying a rental unit. The Zoning Codes
of the City of St. Paul have never before today' s date
dictate those terms or used them as criteria to make a
project a rooming house as opposed to an apartment
project as is advanced in these proceedings. Such should
not be pproved here.
3
. � -/�s�
In conclusi n, Applicant understands that his project has subjected
to consider ble press enforcing denial based upon neighborhood
objections o the project. The objections should be handled by
changes in he Zoning Code by the City Council, if they so choose,
not by the onstrained interpretation of those zoning ordinances
as advanced by Staff herein which cannot stand' security.
Respectfully submitted,
INCE & LISZT, P.A.
� � �
Richard T. Ince #48835
Attorney for Applicant
8900 Penn Avenue South
Minneapolis, MN 55431
(612) 881-8805 �
4
� c��-- � ��r �
CITY OF S INT PAUL
BOARD OF ZONING APPEALS RESOLUTION
ZONING FI E NUMBER: 90-163
DATE: Augu c �, 1990
WHEREAS, Ric ard Helgeson has applied for an administrative review from the decision
of the Zoning dministrator that the applicant's proposed proje¢t at the southwest corner
of Magnolia an Barclay constitutes two 24 unit rooming houses instead of two 6 unit
apartment buildings in the RM-2 zoning district; and
WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on
August 7, 1990, pursuant to said appeal in accordance with the requirements of Section
62.204 of the L gislative Code; and
WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the
public hearing, s substantially reflected in the minutes, made the following findings of
fact:
1. Section 60. 02.B. of the Zoning Code defines a boarding, rooming or rooming and
boarding h use as:
A bui ding or structure which requires licensing as a boarding house, rooming
house or rooming and boarding house under the Saint Paul Legislative Code.
Section 321 O1 of the Licensing chapter of the Legislative Code defines rooming house
a s: ,
Any r sidence building, or any part thereof, containing one or more rooming
units, in which space is let for periods longer than on� week by the �wner or
opera or to five (S) or more persons who are not husb�nd and wife, son or
daug ter, mother or father, or sister or brother of the owner or operator.
Section 321 O1 of the Licensing chapter of the Legislative Code also defines a rooming
unit as:
Any oom or group of rooms forming a single habitable unit used or intended to
be us d for living and sleeping but not for cooking or eating purposes.
2. The BIDD taff have reviewed the site plans for the proposed project and have
determined that each of the 48 rooming units proposed would be a single habitable
unit intend d to be used for living and sleeping but not for cooking and eating
purposes. ach proposed building would consist of 24 rooming units, each rooming
unit occupied by an unrelated individual.
3. The applic nt has obtained a reservation for tax credits for 48 SRO units in the
proposed p oject. Single Room Occupancy (SRO) is defined in the Code of Federal
Standards s: ��
A un t which contains no sanitary facilities or food pll'�reparation facilities. or
whic contains one but not both types of facilities (as those facilities are
defin d in Section 882.109(a) and (b)) and which is suitable for occupancy by a
singl eligible individual capable of independent living. (Section 882.102)
�o -/�SS
• File �90-163
Page Two
The BIDD s aff have determined that SRO units as defined herein also meet the
definition o rooming units for zoning purposes.
4. The applica t operates a six unit apartment building at 1064 Marshall Avenue. The
configuration of this building includes a SRO layout on the ,two upper floors. Each
of the four partments on these fioors have four individually lockable bedrooms with
phone lines, a shared bathroom, and a shared kitchen area. The applicant indicated
that the des gn of the proposed project was based on 1064 Marshall. According to the
Fire Depart ent, 1064 Marshall was originally certified as a six unit apartment
building in eptember 1978 and has been continuously certified as a six unit
apartment b ilding through March 1990.
S. The applica t described the proposed project in the following way in a recently
submitted d scription of the project:
"We pr pose to construct and operate 48 SRO living units (two buildings of 24
SRO u its each) on a large, properly zoned lot at the corner of Magnolia and
Barcla in St. Paul, Minnesota.
Each RO unit will have its own private full bath, private doorbell, and large
bedro m. However, four SRO units will share a common kitchen and eating
area. ree laundry equipment will be provided in the building. The owner will
pay for all utilities including heat, lights, water, sewer and garbage. A private
phone line will be provided for each SRO unit.
The s ared kitchen area will be completely furnished �cvith all kitchen
applia ces, including a microwave oven, pots, pans and dishes, dining room set
and p ivate refrigerator and pantry for each person. The building will be air
condit oned."
Previously bmitted documents indicate that the applicant will lease each living unit
for $275 pe month.
6. The applica t's proposal consists of 48 rental units in 12 apartments with 48 separate
lease agree ents for 48 separate individuals. Typically, apartment buildings are
leased by s ecific apartment units that do not share kitchen space. In this case, every
four rental nits would share a common kitchen space.
7. Each living unit would be self-contained, except for cooking facilities. Each kitchen
area in the roposed buildings would have four separate locked pantries, each w�ith a
refrigerator Each renter w•ould have their own lockable refrigerator unlike many
apartment nits that t��pically have one shared refrigerator for all of the occupants of
the apartment unit.
8. Each living unit would ha��e a separate television jack and a phone line that would
not be locat d in the common space kitchen area. Apartme�t units generally have
television j cks and phone lines in a common living area, ar�d not in all bedrooms.
9. Each living unit would have a private doorbell and intercom wall speaker, neither of
which woul be located in the common space kitchen area. A doorbell or intercom
w�al1 speake typically would be provided for an entire apartment and not for each
individual edroom.
� - �v -1�s�'
• File #90•163
Page Three
10. The constru tion plans for this proposed project show one electrical meter for each
building. A endment 4215.4000 to Section 505.2 of the Model Energy Code as
adopted by he State of Minnesota requires seven electrical meters for a six-unit
apartment b ilding. These requirements include one for each separate unit and one
for common areas in an apartment building. Only one electrical meter is required for
a rooming h use.
I1. The Zoning Code requires 18 off-street parking spaces for 12 apartment units. The
site plan su mitted by the applicant for this proposal shows 40 parking spaces and
expansion s ace for 8 more for an eventual total of 48 off-street parking spaces. This
indicates th t the applicant is anticipating more traffic from this proposed project
than the Zo ing Code contempiates for 12 apartment units.
12. A rooming ouse is a use permitted in an RM-2 zoning district subject to obtaining a
special con ition use permit from the St. Paul Planning Commission. Since the lot
size would nly support a total of 34 rooms, as indicated by BIDD staff, the applicant
would have to either scale the project down, acquire addicio�al land or request a lot
size modifi ation as a part of the application for a special condition use permit.
Pursuing th s special condition use permit is another approach open to the applicant.
NOW, THEREF RE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that
the Zoning Ad inistrator correctly decided that the applicant's proposed project
constitutes two 4 unit rooming houses instead of two 6 unit apartment buildings on
property locate at the southwest corner of Magnolia Avenue and Barclay Street and
legally describe as N. 170' of Lots 1 & 2; Block 2; Ames Outlots; in accordance with the
application for ariance and the site plan on file with the Saint Paul Planning Division.
MOVED B : Horak
SECONDE BY: Maddox
IN FAVOR: s
AGAINST:
i�i�ILED: Aug st 8, 1990
TI�tE Li1�1IT: No order of the Board of Zoning Appeals permitting the erection or
alteration of a buiiding or off-street parking facility shall be valid
for a period longer than one year, unless a building permit for such
erection or alteration is obtained within such period and such
erection or alteration is proceeding pursuant to the terms of such
permit. The Board of Zoning Appeals or the City Council may
grant an extension not to exceed one year. In granting such
extension, the Board of Zoning Appeals may decide to hold a public
hearing.
, ` �-�- /���
,
� File #90-163
Page Four
APPEAL: Decisions of the Board of Zoning Appeals are final subject to
appeal to the City Council within 15 days by anyone affected by
the decision. Building permits shall not be issued after an appeal
has been filed. If permits have been issued before aa appeal has
been filed, then the permits are suspended and construction shall
cesse until the City Council has made a final determination of the
appeal.
ERTIFT ATIO : I, the undersigned Secretary to the Board of Zoning Appeals for the
City of Saint Paul, Minnesota, do hereby certify that I have
compared the toregoing copy with the original record in my office;
and find the same to be a true and correct copy of said original and
of the whole thereof, as based on approved minutes of the Saint
Paul Board of Zoning Appeals meeting held on August 7, 1990 and
on record in the Saint Paul Plaoning Di�ision Office, 25 West
Fourth Street, Saint Paul, Atinnesota.
SAINT PAUL BOARD OF ZONING APPEALS
--�`��--- ------
Secretary to the Board
, /(/ �/�S�
MI ES OF THE MEETING OF THE BOARD OF ZONI`:G APPEALS
13th FLOOR CONFERENCE ROOM, CITY HALL :�.'�TNEX
ST. PAUL, MINNESOTA, AUGUST 7, 1990
PRESENT: Mme. Maddox; Messrs. Osborn, Horak, Kirk and Santos of the Board of
Zoni g Appeals; Mr. Segal, Assistant City At:orney; Mr. Zangs and
Ms. ne of the Division of Building Inspection and Design; Mr.
Bunn 11 and Ms. Synstegaard of the Planning Division Staff.
ABSENT: Mess s. Davis* and Zimniewicz**.
*Excused
**Not Excused
The meeting was chaired by Dennis Osborn, Chairman.
RICHARD HELGESO #90-163 : The applicant is appealing the determination by
the Zoning Admi istrator that the applicant's proposed �roject constitutes two
24 unit rooming houses instead of two 6 unit apartment �uildings.
The applicant w s present. There was opposition preser.� at the hearing.
Mr. Bunnell sho ed slides of the site and reviewed the s�aff report with a
recommendation hat the Zoning Administrator correctly cacided that the
applicant's pro osed project constitutes two 24 unit roo�ing houses instead of
two 6 unit apar ment units.
Mr. Bunnell sta ed that two letters were received in op;osition.
Richard Ince, I ce & Liszt, P.A. , Suite 312, 8900 Penn :�:enue S. , Minneapolis
55431, represen ing the applicant, gave a summary repor� which he passed out
to the Board. e stated that the question before the Bcard is whether the
Board wishes to do away with the definition of dwelling snits as contained in
the Legislative Code. He stated that the definition of dwelling units is very
amply demonstra ed by each of the six units in each of =ae buildings the
applicant propo es. The applicant will merely be rentir.g out the units to
four individual adults. It does not constitute a roomiz:; house as the Zoning
Administrator i dicates by taking all of the potential �enants on a property,
adding them tog ther, calling them a habitable unit, ar.c then using that
interpretation o determine that they are over the 4 inc�viduals per unit
limit.
In the past, th City has always taken the position tha= 5 or more people in a
habitable unit s what constitutes a rooming house. Th�s is not redefined
simply because e are talking about SRO's. There is a �:�at deal of confusion
with the SRO cl ssification. He referred to sections c_' the Federal
Standards. Bas cally these standards define what the rooms are, but they also
indicate that e ch of the living areas within which ths= dwelling unit exists
has to contain he facilities that are set forth in Sec�'_pns 882.109(a) , (b) ,
(c) , and (d) , his is referred to in the Federal Standa=ds as the dwelling
unit. What the applicant proposes is six individual d�e:ling units in each of
the buildings.
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File #90-163
Page T�ao
Items are negot able between a landlord and a tenant. He stated that he fails
to see whether tenant negotiating a rental of his apartment because there is
a telephone �ac in the bedroom makes any difference at all as to whether we
are talking abo t a rooming house or not. Does the BZA want to amend the City
Ordinances of S . Paul by saying anytime an SRO application is made it is
automatically i to the rooming house designation? This is really a matter for
the City Counci to pass an Ordinance to deal with this issue.
Mr. Osborn aske Mr. Ince to explain the occupancy of the dwelling units. Mr.
Ince stated tha there could be one lease for one unit, and each occupant
could participa e in the lease. Most likely there will be one lease for each
individual. Th se people will be renting that specific dwelling unit for
which they have a lease. The common areas that they are going to be using are
only the common areas in that dwelling unit, not the common areas in the
entire building. A rooming house to him implies that all of these units in
one building us the same kitchen facilities and everything else. But, in the
applicant's pro osal there are only 4 people that can use the facilities that
are located in ach unit.
Gary Unger, 184 E. Idaho, Chairman of the Physical Committee of District 2,
stated that he s in opposition. This is not a low-income housing project by
their definitio of dwelling units. The PED definition of a low-income four
bedroom housing unit would be $675 per month rental. Mr. Helgeson is
proposing to re t each of his rooms in this dwelling unit at $275, or $1,100
per dwelling un t. This amount is well over the City's definition of
low-income hous ng. This alone should take away the tax credits that Mr.
Helgeson is ant cipating for his limited partnership. He stated that District
2 received a le ter from ITT Real Estate Services and passed out copies to the
Board. ITT is perating 216 housing units east of the corner where Mr.
Helgeson is pro osing to build. ITT is concerned about the economic impact
that Mr. Helges n's building will have on their apartments. ITT states that
they will stop ehabilitating their apartment buildings if Mr. Helgeson's
proposal goes t rough.
Bonnie Amundson 1026 Prosperity Avenue, passed out a letter to the Board from
District 2. Sh stated that District 2 viewpoint is that this is not a
economically vi ble solution. She stated that the rents in the adjacent
apartments are lready depressed. In the Maywood East apartments the rents
are at $315 for a one-bedroom unit and $425 for a two-bedroom. For a
comparable apar ment in District 5 the rent for a one-bedroom unit would be
$375, a $60 dif erence. Even with these low rents the •:acancy rate in these
apartments is a 40$. Two of the high vacancy buildings have now been
abandoned and a e on the City vacancy list. District 2 has heard from patrol
officers that t ere are two additional buildings standing empty in the area.
She stated that there are adjacent buildings that are marked for resale as
distressed buil ings. The area is known to be in the City's top quartile for
crime rates. I T anticipates a loss of approximately 2 million dollars from
lost rent at Ma ood East and other buildings in the area are in receivership.
There is an ext emely high rapid turnover in the area o� these buildings both
in management a d in ownership. Developers seem to come in, do some repair
work, sell the roperty and make their profit; consequently the buildings do
not get maintai ed in a good manner.
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File #90-163
Page Three
Mr. Osborn aske Ms. Amundson to not address her comments to the vacancy
problems but to the facts that relate to the case.
Mr. Segal state that the issue before the Board is whether the decision of
the Zoning Admi istrator correctly decided if the applicant's proposed project
is a rooming ho se or a six unit apartment building. He stated that those
speaking may wi h to say if they agree with the Zoning Administrator or not.
Mr. Osborn stat d to Ms. Amundson that the only matter the Board can decide is
if the Zoning inistrator made a correct decision.
Ms. Amundson st ted that the rooming house has been talked about as a 48 SRO
unit complex i order to get the federal tax credit. But the applicant is
looking at it 12 four bedroom apartments; four bedroom apartments getting
$1,100 in rent. In applying for his tax credits, Mr. Helgeson estimated the
square foot cost to be approximately $34 a square foot.
Mr. Osborn sta ed to Ms. Amundson that this testimony was not relevant to the
issue before t e Board.
Paul Gilliland, 1409 McAffee, passed out a letter to the Board fro�n District
2. He stated at the staff report is very clear and he agrees with the
staff's recomm dation. He stated that there is no precedent that can be
drawn from any revious project, no reference to any previous project. Mr.
Gilliland quot d text from the staff report packet to the Board.
Mr. Osborn ask d if there is a bathroom with each bedroom unit. Mr. Gilliland
replied that t e applicant proposes 4 bedrooms and 4 bathrooms, no living room
and one kitche in each unit.
Mr. Gilliland ead the statement of the District 2 Community Council which he
passed out to he Board.
David Wilbanks, 1420 Mechanic, lives approximately 1 block from where Mr.
Helgeson is pr posing to build. He stated that on January 30 a meeting was
held in the ba quet room at Mangini's restaurant. Over 200 people from
District 2 att nded this meeting, including several local politicians. The
outcome of thi meeting was unanimous; District 2 residents are against this
project. They are not against low income housing; they are against housing of
this nature. e submitted a 732 signature petition to the Board which states
the residents pposition on the matter.
Leona A. Ross, 2089 Nebraska, stated that she has read and studied with dismav
and disbelief 11 that has evolved concerning the piece of land owned by Mr. y
Helgeson. It 's alarming to note that by not pursuing city financing, and
instead going fter SRO funds administered through the Housing Division of
PED, by pursui g this route, it is then possible to avoid the review and
scrutiny of an District Council.
Mr. Osborn ask d if District 2 has heard this case before.
Mr. Osborn tri d to ask Ms. Ross to limited her comments to the matter before
the Board but as interrupted by Ms. Ross.
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File #90-163
Page Four
Ms. Ross stated that if this type of catch 22 situation remains on the books,
then no distric or area in the entire City is safe from this type of
undesirable hou ing. She stated that it is in the best interest of the entire
city that the " ffice at the head of the helm" make some quick corrections.
It is a good th ng that District 2 was on it's toes in this case. This land
is zoned RM-2, eaning multi-family residential. The development proposed
here is a "hocu pocus" type of development. Mr. Helgesan has reserved SRO
tax credits for a rooming house, tax credits which were extended for him a
second time. M . Helgeson submits an "impossible mish mash of living
quarters" . It 's not a rooming house and it is not an apartment complex. She
gives Jan Gaste land, Zoning Administrator, great credit for figuring this
out. She gives great discredit to Mr. Helgeson for trying to put in a
supposed roomi housing complex. Mr. Helgeson probably thought it could
easily go with he territory. This is not the case. The area doesn't need it
and they don' t ant it.
Mr. Osborn sta ed that he appreciates her feelings but the Board has to deal
with the Zonin Administrator's decision. He asked Ms. Ross to confine her
comments to th's.
Ms. Ross state that the area is saturated with apartment buildings and there
is a high vaca cy rate throughout the area. She stated that Mr. Helgeson's
proposed rent "s too high. This rooming house could appeal to the wrong type
of tenants, tr nsient people.
Mr. Osborn sta ed that the last statement made is an opinion that is not
relevant to th hearing before the Board. Mr. Osborn st�ted that he will not
allow anymore pinionated statements. �I
Ms. Ross went n to say that this rooming house could appeal to the wrong type
of society.
Mr. Osborn ask d Ms. Ross to sit down.
Mr. Gilliland shered Ms. Ross to a seat saying this is not about racism or
discrimination This is a zoning issue.
Ms. Ross state that she doesn't understand why the zoning issue doesn't deal
with everythin she has said.
John Udeck, 15 9 Ames Avenue, stated that he doesn't believe this project
meets the lett r of the zoning law or the spirit. He believes it is the wrong
building in th wrong location. He believes the property could be utilized
better for low income housing.
Mr. Osborn sta ed that the Board is well aware that District 2 is against the
proposed proje t.
Ray Sammons, C mmunity Organizer for District 2, replied to Mr. Osborn that he
appreciates th t. He stated that Mr. Helgeson has never been to one of
District 2's m etings. He was invited but Mr. Helgeson stated that he did not
think he would be present. He stated that he had been at neighborhood
meetings befor and all that had happened was that the neighbors present would
shout their di approval at whatever he is opposing. Mr. Sammons stated that
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File #90-163
Page Five
at that time Mr Helgeson asked him if the neighborhood was willing to buy him
out. Mr. Helge on was informed by a letter of the meeting at Mangini's and he
never responded
Mr. Sammons sta ed that in the Board's packet there is an undated letter from
Mr. Helgeson to his attorney stating that Mr. Sammons stated he was his sworn
enemy. The onl time he has spoken to Mr. Helgeson was before District 2 had
taken a positio on the matter. He stated that he does not go around telling
people he is a worn enemy. He thanked the Board for listening to District 2
and pointed out that there are a lot of people in the audience who have sat
silently who ar in opposition. There may be some extra enthusiasm because
this is the fir t time people have been able to speak at a public hearing
about this proj ct.
Mr. Helgeson is stating that 1064 Marshall is being treated differently. That
building was bu lt for another use and is an older building. Even if Mr.
Helgeson is cor ect in saying that the City has been wrongfully letting him
get by with 106 Marshall, this doesn't mean that this proposed project is
going to get by. Not only are the phones in the bedrooms and not in the
common area as ou would normally have, but they are different phone lines.
In a normal apa tment if there are phone jacks in different bedrooms they are
on the same tel phone line. He encouraged the Board to vote in favor of the
Zoning Administ ator as staff has recommended in the Staff Report.
Mr. Ince stated that it is important to remember Mr. Helgeson is not seeking
any public fina cing in this transaction. Mr. Helgeson is financing this
expedition enti ely on his own. Mr. Helgeson has figured out a economic use
for the piece o property in question and is willing to stand behind that
designation.
Hearing no furt er testimony, Mr. Osborn closed the public portion of the
meeting.
Ms. Maddox aske if Mr. Segal would like to make any comments at this time.
Mr. Segal replied no.
Mr. Horak moved to deny the requested administrative review and approve the
resolution base on findings 1 through 3, and 5 through 12, that the Zoning
Administrator co rectly decided that the applicant's proposed project
constitutes two 4 unit rooming houses instead of two 6 unit apartment units.
Ms. Maddox seco ed the motion, which passed on a roll call vote of 5 to 0.
Submitted by: Ap d by:
i�// "�'� �
Marv Bunnell Dennis Osborn
� : 90-1�55
BOARD OF ZONING APPEALS STAFF REPORT
1. APPLICANT: R chard Helgeson FILE #90-163
2. CLASSIFICATIO : Administrative Review DATE OF HEARING: August 7, 1990
3. IACATION: SW corner of Magnolia Avenue & Barclay Street
4. LEGAL DESCRIP ION: N. 170' of Lots 1 & 2; Block 2; Ames Outlots
5. PLANNING DIST ICT: 2
6. PRESENT ZONING: RM-2 ZONING CODE REFERENCE: Sections 64.204, 60.443 (2) ,
60.202B
LEGISLATIVE CODE: Section 321.01
7. STAFF INVESTIG TION AND REPORT: DATE: July 31, 1990 BY: Marv Bunnell
A. PURPOSE: The pplicant is appealing the determination by the Zoning
Administrator hat the applicant's proposed pro�ect constitutes two 24 unit
rooming houses instead of two 6 unit apartment buildings.
B. ACTION RE UEST D: A decision by the BZA that the Zoning Administrator erred and
that the propo ed project constitutes two 6 unit apartment buildings instead of
two 24 unit ro ming houses.
C. SITE AND AREA ONDITIONS: Lot area is 37,628 square feet (221.34' x 170') . The
site is essent ally flat with some gently rolling hills on the eastern portion
of the propert . The site is covered with various formsiof vegetation including
trees and brus . The site is across Magnolia Avenue from the rear of the
eastern portio of Phalen Shopping Center. �
Surrounding La d Use:
North: Phalen Shopping Center
East: Vacant RM-2 zoned land
South: Single family residential
West: Multip e family residential
D. BACKGROUND: I July 1966, the City Council granted an appeal and a parking lot
permit allowin the construction of a 37 car parking lot ' in connection with a 36
unit apartment building. ,
In November 19 8, the applicant submitted an application for low income tax
credits for a ualified Single Room Occupancy project at this location. PED
staff question d the suitability of the pro�ect due to high vacancies in
ad�oining prop rties and the marketability of such a high number of SRO units.
PED staff also indicated that no City financing would be !available for the
project. Since the applicant's application for low income tax credits complied
with the proce ral manual for the reservation of tax credits, PED granted him a
reservation of tax credits in February 1989. The applicant later requested and
received a car over of this tax credit reservation which is good until
December 30, 19 1.
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File #90-163
Page T�ao
In January 19 0, the District 2 Community Council requested a determination of
whether the p o�ect is a rooming house according to the Zoning Code, thereby
requiring a s ecial condition use permit to operate. In February 1990, the
Zoning Admini trator responded that the applicant would have to indicate whether
the project i a SRO or an apartment building since it "could not be considered
one for tax c edit purposes and another for zoning purposes." He further
indicated tha the BIDD considers SRO units as a rooming house thereby requiring
a SCUP and a icense in order to operate.
In communicat on with various City officials in early April 1990, the applicant
agreed to wit draw the SRO proposal for this site in return for City assistance
and financial guarantees in the construction of a three bedroom townhouse
development o the site. However, in communication with City staff later that
month, the ap licant expressed his intention of proceeding with the SRO proposal
since there w re too many risk factors related to modifying the previously
received tax redit reservation.
The applicant submitted a site plan for review to PED on April 30, 1990 for the
proposed SRO roject. In early May the District 2 Comm�tnity Council requested
that the Plan ing Commission conduct the review for the proposed project. The
BIDD staff re iewed both the submitted site plan and building plans and notified
the applicant in early June 1990 that they could not be approved since the
proposal is c sidered two 24 unit rooming houses and therefore requires a
special condi ion use permit from the Planning Commission and a license to
operate a roo ing house.
E. FINDINGS:
1. Section 60 202.B. of the Zoning Code defines a boarding, rooming or rooming
and boardi g house as:
A buil ing or structure which requires licensing as a boarding house,
roomin house, or rooming and boarding house under the Saint Paul
Legisl tive Code.
Section 32 .O1 of the Licensing chapter of the Legislative Code defines
rooming ho se as:
Any re idence building, or any part thereof, containing one or more
roomin units, in which space is let for periods longer than one week by
the o er or operator to five (5) or more persons who are not husband and
wife, on or daughter, mother or father, or sist�r or brother of the
owner r operator.
Section 32 .O1 of the Licensing chapter of the Legislative Code also defines
a rooming nit as:
Any ro m or group of rooms forming a single habitable unit used or
intend d to be used for living and sleeping but not for cooking or eating
purpos s.
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File #90-163
Page Three
2. The BIDD s aff have reviewed the site plans for the proposed project and
have dete ined that each of the 48 rooming units proposed would be a single
habitable nit intended to be used for living and sleeping but not for
cooking an eating purposes. Each proposed building would consist of 24
rooming un ts, each rooming unit occupied by an unrelated individual.
3. The applic nt has obtained a reservation for tax credits for 48 SRO units in
the propos d project. Single Room Occupancy (SRO) is defined in the Code of
Federal St ndards as:
A unit which contains no sanitary facilities or food preparation
facili ies, or which contains one but not both ty�pes of facilities (as
those acilities are defined in Section 882.109(a) and (b)) and which is
suitab e for occupancy by a single eligible individual capable of
indepe dent living. (Section 882.102)
The BIDD s aff have determined that SRO units as defined herein also meet
the defini ion of rooming units for zoning purposes.
4. The applic nt operates a six unit apartment building at 1064 Marshall
Avenue. e configuration of this building includes a SRO layout on the two
upper floo s. Each of the four apartments on these £loors have four
individual y lockable bedrooms with phone lines, a shared bathroom, and a
shared kit hen area. The applicant indicated that the design of the
proposed p oject was based on 1064 Marshall. According to the Fire
Department, 1064 Marshall was originally certified a$ a six unit apartment
building i September 1978 and has been continuously certified as a six unit
apartment uilding through March 1990.
5. The applic nt described the proposed project in the following way in a
recently s mitted description of the project:
"We pro ose to construct and operate 48 SRO living units (two buildings
of 24 S 0 units each) on a large, properly zoned lot at the corner of
Magnoli and Barclay in St. Paul, Minnesota.
Each SR unit will have its own private full bath„ private doorbell, and
large b droom. However, four SRO units will share a common kitchen and
eating rea. Free laundry equipment will be provided in the building.
The own r will pay for all utilities including hest, lights, water, sewer
and gar age. A private phone line will be provided for each SRO unit.
The sha ed kitchen area will be completely furnished with all kitchen
applian es, including a microwave oven, pots, pans and dishes, dining
room se and private refrigerator and pantry for each person. The
buildin will be air conditioned."
Previously ubmitted documents indicate that the applicant will lease each
living unit for $275 per month.
. : �`v _l��s
File #90-163
Page Four
6. The applic nt's proposal consists of 48 rental units in 12 apartments with
48 separat lease agreements for 48 separate individuals. Typically,
apartment uildings are leased by specific apartment units that do not share
kitchen sp ce. In this case, every four rental units would share a common
kitchen sp ce.
7. Each livin unit would be self-contained, except for cooking facilities.
Each kitch n area in the proposed buildings would have four separate locked
pantries, ach with a refrigerator. Each renter would have their own
lockable r frigerator unlike many apartment units that typically have one
shared ref igerator for all of the occupants of the apartment unit.
8. Each livin unit would have a separate television �ack and a phone line that
would not e located in the common space kitchen area. Apartment units
generally ave television jacks and phone lines in a common living area, and
not in all bedrooms.
9. Each livin unit would have a private doorbell and intercom wall speaker,
neither of which would be located in the common space kitchen area. A
doorbell o intercom wall speaker typically would be provided for an entire
apartment nd not for each individual bedroom.
10. The constr ction plans for this proposed project show one electrical meter
for each b ilding. Amendment 4215.4000 to Section 505.2 of the Model Energy
Code as ad pted by the State of Minnesota requires s�ven electrical meters
for a six- nit apartment building. These requiremen�s include one for each
separate u it and one for common areas in an apartment building. Only one
electrical eter is required for a rooming house.
11. The Zoning ode requires 18 off-street parking spaces for 12 apartment
units. The site plan submitted by the applicant for this proposal shows 40
parking spa es and expansion space for 8 more for an eventual total of 48
off-street arking spaces. This indicates that the applicant is
anticipatin more traffic from this proposed project than the Zoning Code
contemplate for 12 apartment units.
12. A rooming h use is a use permitted in an RM-2 zoning district subject to
obtaining a special condition use permit from the St. Paul Planning
Commission. Since the lot size would only support a total of 34 rooms, as
indicated b BIDD staff, the applicant would have to either scale the
pro�ect do , acquire additional land or request a lot size modification as
a part of t e application for a special condition use permit. Pursuing this
special con ition use permit is another approach open to the applicant.
F. STAFF RECOI�IEND TION: Based on findings 1 through 3, and 5 through 12, staff
recommends that the Zoning Administrator correctly decided that the applicant's
proposed projec constitutes two 24 unit rooming houses instead of two 6 unit
apartment units.
i . �. � CIv —1� ��
� ZONING BOA D �O " ��3
i APPLIC TION FOR ZONING ORDINANCE �ARtaNCE
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CiTY OF SAINT PAUI
! A VARIANCE OF ZO ING COdE CMAPTER�,SECTION �O PARAGRAPH
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I IS REQUESTED IN C� FOfiMITY WITH THE POWERS VESTEO lN THE BOARD OF 20NING AP—
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� PEALS TO PERMIT T E ON PROPERTY
DESCRIBED BELOW. D�' +��T�c.NEP D E C,► 1 0 a O�
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2. Name of owne (if differentl • - . . . ?S� I
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� 3. Present Use Present Zoning Dist. �
1 C. Re s for Request +
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1. Prop use
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2. What physical c aracte tics of the propecty prevent its being used f any of the permitted uses
in your zone? opograph soil conditions,size and shape of lo tc.)
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3. State the specifi variation requested,givi tances where sppropriate.
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� , � 4: Explain how pse conforma io esch of the following: ' � ' i
; a. Th�stric application of the provisions of the Zoning Ordiance uld result in peculiar I
o(exceptiona practical difficulties,or exceptional undue hardships. �
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; b. That the gran ing of a variance will �E�}, *`70.�
not be a su sntisE.detriment to
public good o s substantial impsir-
i ment of the i tent and purpose of
the Zoning Or inanee.
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� NOTE: THIS WILL N T BE PROCESSED WITHOUT A COMPLETE SITE PLAN! y�
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� �I Date Received
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INCE & LISZT, P.A
ATfORNEYSATLAW Z���NG F��E QO—I63
SUITE 312
8900 Penn Avenue South
Minneapolis, Minnesota 55431
Telephone(612)881-8805
Telecopier(612) 881-4810 �
RICHARD T. INCE , MARVIN A. LISZT
July 9, 1990
Ms. Jan P. G sterland
Zoning Admin'strator �
Building Ins ection & Design Division
City Hall
St. Paul, Mi esota 55102
Re: Ap lication for Administrative Review of
Ric ard Helgeson Property located at Magnolia .
and Barclay
Dear Ms. Gast rland:
We have file the above application for review and Mr. Zang has
informed me hat we must respond to your letter dated June 7,
1990 with o r explanation of where we contend you erred to
perfect the a peal. This letter shall serve as that response.
1. Our arc itect Frank Reese designed the two six unit
building following all City codes for the design and
construc ion of apartment units.
2. Mr. Za g the City Zoning Officer, reviewed the •
blueprin s approximately one year ago and �approved the
plans as four bedroom apartments suitable for rental to
four unr lated adults in each unit.
3 . Applican has operated a complex at 1064 Marshall in
the sam manner for three plus years as the manner
. indicate in the SRO Phalen Proposal.
The rule con istently applied by the zoning officials has been
the "5 or mor rule" which defines the rooming house.
You now cho se to apply something unwritten in the zoning
ordinances i a manner which we contend was desigr�ed with -
political mo ivation rather than customary interpretation of
existing code and ordinances. �
� � - ��-�%'
Ms. Jan P. Ga terland ������'! ���� Q�-
July 9, 1990 �r�
-Page Two-
We also dispu e your use of the SRO application as being in any �
way determina ive of the status of these properties as rooming
houses. The SRO classification is just to give tax credits to
try and fill a housing void. You are giving it some sort of
meaning not w itten into the law and we challenge that conclusion
also.
Sincerely,
INCE & LISZT, .A.
��`'i'�� J� -1
Richard T. Inc
RTI: lg
zo�i�� Ff�E ��_
INCE & LISZT, P.A. C�U��/�,5�
ATTORNEYS AT LAW
SUITE 312
8900 Penn Avenue South
Minneapolis, Minnesota 55431
Telephone(612) 881-8805
Telecopier(612) 881-4810
RICHARD T. INCE MARVIN A. LISZT
July 6, 1990
Division of Housing and Building Code Enforcement
4th Floor ity Hall
St. Paul, M'nnesota 55102
Re: A plication for Review Richard Helgeson
operty Located at Magnolia and Barclay
Gentlemen:
Enclosed f r filing please find the prepared Application, our
check for 270. 00 for review of the denial of a building permit
at the abo e-described premises.
Pursuant t the request for an appeal filed herewith our letter
disputes he zoning administration's cla�sification of our
project as rooming house instead of apartments within the meaning
of the zon ng ordinances of the City of St. Paul.
Sincerely,
INCE & LIS T, P.A.
���r`�"' " ' ��
Richard T. Ince
RTI:mis
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ZONING FILE q�
TF�PROJECT
We propose to cons ct and operate 48 SRO living units (two buildings of 24 SRO units each)
on a large,properly ned lot at the corner of Magnolia and Barclay in S�'Paul,Minnesota.
Each SRO unit wil have its own private full bath, private doorbell, and large bedroom.
However,four SRO 'ts will share a common kitchen and eating area. Laundry equipn�nt will
be provided in the ilding. The owner will pay for all utilities including heat, lights, water,
sewer and garbage. private phone line will be provided for each SRO u�nit.
The shared kitchen a will be completely furnished with all kitchen appliances, including a
microwave oven, ,pans and dishes,dining room set and a private refrigerator and pantry for
each person. The b ' ding will be air condidoned.
Tenants will provi all furnishings for their own bedroom.
The door to each m will be solid core with a deadbolt lock.
DEFINITiON
For the purpose o this proposal, the terms "SRO" (Single Room Occupancy) and "Shared
Apartment Living" are synonymous.
THE PRODUCT
This housing op on will provide many men and women with a safe, clean, modern and
affordable place t live. Each person will have a large SRO unit with PRIVATE BATH, large
closet, securiry sy em,hook-up for private telephone line, and shared access to the central living
area which will ' clude the completely furnished kitchen, pots, pans, d.ishes, etc, microwave
oven and a priva locked pantry and refrigerator for each person. The SRO units will be air
conditioned.
The monthly rent f$275 will include all utilities. Coin-operated laundry facilities will be located
in each building.
In truth, there to these SRO units. Howe�ver, we can look at other
housing options hich include the "room for rent" section of the paper and the "Rentals to Share"
section of the pa r.
In both cases we d rents in the general range of the SRO-Phalen proposal. Rooms only may
be rented for$1 to $200.00 per month. In all cases we are talking about opdons with shared
bath in the "roo for rent" section. In most cases the rooms are in older buildings with few,if
any,modern con eniences. Few are air conditioned. In the rentals to share secaon rents range
from $225.00 to $325.00 per month, ofren depending on who pays the utiliaes. In many cases
the renter pays a 'on of the utilities.
SRO Phalen off rs a superior product at a very competitive price. The security solid core entry
door to each SR room, the securiry system for the building, private mailbox for each person,
private locked antry and refrigerator and, of course, the FULL PRIVAT'E BATH for each
person make th SRO Phalen the option of choice for the renter looldng for safe, clean and.
affordable hous g.
� ��J /�I.�
� ZONiNG �1LE 9�='3
�
The need is great. ere are fewer SRO options today than there were 10 years ago. Major
building projects in owntown St. Paul have eliminated hundreds of low cost housing units and
few new units have n rebuilt.
Government housi g programs have, to a large extent, concentrated on the development of
rehabilitation of f y housing.
Thus, thousands of low income worldng men and women have turned to a concept of"shared
rental housing". 's is usually done on a small scale basis with each property owner providing
space for one or t o people. And, even then, much privacy is sacrificed as the facilities are
designed for famil living and do not provide the planned privacy or security available in the
SRO-Phalen housi g units. However, due to the lack of affordable options many people still
choose "shared ren housing" units.
We are confident at the SRO Phalen housing option will be the rental choice for many working
men and women the St.Paul area.
Persons of all age , young, middle aged and seniors will live in thes� units. These units will
provide a clean, s e, modern and affordable option to many people who, at this time, have few
good options.
There are thousan of people living in S�Paul on low incomes. Examples include the worldng
poor, others on ed incomes and a few people on government disability supports. The major
source of renters ' expected to be the low incoa�, single,working men and women of St. Paul.
I��4�
The expected ge of income for people renting these units is from $800 per month to $1,400
per month. ('The 'mum annual earnings a person may have and still qualify for this project is
$17,770 per ye or$1,479.16 per month.)
A person worki g for$5.00 per hour, 8 hours per day for one month (22 working days) would
earn $880.00.
The people livin in this project will earn between$4.50 and$8.40 per hour(based on a 40-hour
week.)
The lot was p chased on a Contract for Deed from Lois Jacobs on February 1, 1989. The
contract price as $36,000.00 and was believed to be the fair market value at the time of
purchase. The contract's unpaid balance accrues interest at the rate of 12°!o simple, annually.
Interest will a about$4,320.00 to the price of the land There were no agents involved in the
sale and no fee or commissions were paid
The lot is ap roximately 170' deep and 222' wide. The lot is zoned RM-2 and contains
approximately 7,740 square feet of land.
2
[SkAI;LtiO\'
��- � �
�t;l;si; t���tG FfLE q° -___!63
I;I,LIN(;�SON ZD
� :������:�:������.�. �.�:
,�kcfirn:c-rukc•i���rHU�ks
IitiGINF:f•.RING•tiURV til'I NG •
June 25, 1990
;�tr. and Mrs. Hel eson
13516 Clinton P1 ce
Burnsville, MN 5337
RE: Two 6-Unit partment Building
Magnolia an Barclay
St. Paul, M nnesota
Dear Mr. and Mrs Hel�eson:
As per our initial meetin„ we set out to design two apartment buildings
for ,your site on Magnolia Street. Each apartment unit would have 4
bedrooms. Thr ugh our meetings with all the appropriate City staff, we
were able to esign aproject that meets or exceeds all the State building
codes and City oning ordinances.
We have desig ed the apartment units so that residents have the best
features for heir convenience. Every bedroom has its own bathroom and
telephone. Mo e than the minimum amount of parking has been provided and
the security s stem has more than the minimum amount of enunciators. We
feel that the room sizes and features are above the average and the
residents will find the project to their liking. With the durable
materials and finishes going into this project, the residents should enjoy
living in a tr ble-free project.
We are pleas d to be of service to you on this project, and are looking
forward to bei g of assistance to you when you have it under construction.
Sincerely your ,
i����1��
./�
Frank L. Reese, AIA
FLR:emd
K'tNl NON\11\1):\I.li BI�'I).. tillll. �'.
BLIX)\111(ifOK. 11N iiai7
I'IiL �RI'�X:�.hh;t
f:\X ihl'��?�_t.:uc
�� � zo�viN� F«E 90�
June 18, 1990
Responsible professionals, architect, attornies, developers, have a right
to expect C ty Zoning regulations to be written in such a way that they are
clear and c ncise.
* Fr nk Reese, professional architect, will testify that he
de igned two six unit apartment buildings following all
Ci y codes for the design and construction of apartiment units.
* La ry Zang, City Zoning Officer, review the blueprints about
on year ago and approved the plans as 4-bedroom apartments
su table for rental to four unrelated adults in each unit.
Richard He geson, with City knowledge and approval , has been operating
a St. Paul Duplex and four apartment units at 1064 Marshall in the
manner indicated in the Helgeson SRO Phalen Proposal . This operation
has been in effect for 3 or 4 years now.
* ity zoning inspectors approved this specific use of those
nits on more than one bccasion.
* he rule used consistently by City inspectors has always been
he "5 or more rule". In other words, four unrelated adults
r less is treated as a family under the zoning rules. When
ou hav.e five , or more, in a single livin;g unit you fall under
ifferent rules and must be treated as a rooming house.
* here has never been any question that a duplex unit or an
partment unit fits the City definition of a "living unit."
he City has never suggested that a single room, or SRO unit,
is a "seperate living unit" under the City zoning Code.
The City Dept. of Planning and Economic Development, while not the
final au hority on Zoning, did know of Helgesons use of other apartments
for the ntended SRO use and did know that the int�ended design of the
SRO Phal n project consisted of two six unit, 4-bedroom, apartment
building .
The City Zoning Dept. , for political reasons, is deliberately misinterpreting
the zon'ng rules to deny our project.
��-��5�
ZpNING Ff LE 9-
Dear Dick: �
As you see e were turned down by the zoning Dept.
I think we ill need to seperate this into two issues:
1 . s the building a legal six unit apartment' building?
2, s the proposed use legal for a six unit apartment building.
As you will recall the issue of zoning for my other 5R0 units has
been raise numerous time before. I have been inspected for zoning
compliance by the following:
1 . oseph Ehrlich- Zoning Inspector. (see attached letter)
2. arrolyn Shepherd Housing Code Inspector
3. ike Vruno Deputy License Inspector
4. John Hardwick Bldg. Inspector
5. Mike Ricketson Fire Dept.
6. Sue Toskey Fire Dept.
7. Pat Roedler Fire Dept.
In all ca es the creteria used to determine legal use was the following:
"Ro ming House means------------ to five (5) or more persons
w o are not husband and wife,------- "
My use o the rental properties has always been approved for normal
apartmen use, and not rooming house use, because of the condition
that I a low on7y four (4) unrelated adults occupy a single living
unit.
�
ZONING F1LE q
�v-���s�
CITY OF SAINT PAUL
4�~`'T*e•�
DEPARTMENT OF FIRE AND SAFETY SERVICES
; i'ii ; STEVE CONROY, DIRECTOR
� ,�,. )OHN COLONNA, AC�'ING FIRE CHIEF
JAMES SCHEIBEL 100 E. Eleventh St.,Saint Paul,MN 55101
MAYOR
June 8, 1990
ZONINC FILE 9�='�
Mr. Richard H lgeson
13516 Clinton Place
Burnsville, innesota 55337
SUBJECT: 10 4 Marshall Avenue
Dear Mr. Hel eson:
The Division of Fire Prevention has inspected the building
at 1064 Mars all and issued a Certificate of Occupancy for '
six dwelling (apartment) units. By definition of the
Saint Paul H using Code, chapter 34 of the Legislative Code,
a dwelling u it "shall mean a room or group of rooms
located with n a residence building and forming' a single
habitable un' t with facilities which are used or intended
to be used f r living, sleeping, cooking or eating. "
The Certific te of Occupancy records in our office show
that your b ilding was granted a legal non-conforming Zoning
status for se as a six unit apartment building; according
to a letter from the Health Department dated November 17,
1978. The ertificate of Occupancy was issued on August 25,
1978 to tha effect and continued to be renewed every three
years since that time.
If you have further questions please call me at 228-6205.
Sincerely,
;
'�,� j��
�7"
Pat Fish
Supervisor f Residential Inspections
I
PF/kb i
ii
�.eru��ca�C u� v��uNa���y
FEE IN OICE AND SMOKE DETECTOR AFFIDAVIT �; - � ���i
City of Saint Paul Z O N I N G F I L E 4. °-
Date OS/30/90 • Original Renew X
CFO I D 10330 roperty Add. 1064 MARSHALL AYE
Owner Name RICHARD& ONSTANCE HELGESON
,� Units 6
Owner Add. 13516 CLINT NPLACE
Square Feet
�ity, State BURN MNS5337
Occupancy DWELLING ITS
Certificate of Occupa cy Fee 575.00
Reinspection Fee Charge ,50.00 Number of Reir�spections 0
Total ee Due �'75.00
Retain top portion for your records.
�owner's convl
(nemit this coP1') .
Certificate of ccupancy Fee Invoice and Smoke Detector Affidavit
City of Saint Paul
Date OS/30/90 Original Renew X
CFO ID 10330 Pro erty Add. 1064MARSHALLAVE
Owner Name RI.CHARD�C NS?'ANCEHELGESON ,� Units 6 Square Feet
Owner Add. 73516 CLINTO PLACE Occ. DWELLIIJG UNTTS
City, State BURNSVIZ.LE 55337
� � PLEASE RETURN THIS PORTION WITH PAYMENT
� MAKE CHECKS�AYABLE TO. CITY OF SAINT PAUL
FEE IS DUE 30 DAYS FROM DATE OF INVOICE
Certificate of Occupa cy Fee a75.00 '
Reinspection Fee Charge �--------Number of Reinspections 0
Total ee Due ,575.00
MailTo: ST. PAUL FIRE PREVENTION, 100 E 11TH ST. , ST. PAUL, MN 55101
RESIDENTIAL SMORE D$T CTOR AFFIDAVIT: (COMMERCIAL OCCUPANCIES WITHOUT ANY RESIOENTIAL UNITS, MAY
DISREGARD S1GNING TNIS AFFIQAVIT.)
I a�irm that I porsonally inspectcd,t ted,and attest tha�each dwe ' �' d es r m' this building is
equipped with an operable smoke d ector properly located.
Owner ' nature
�'�-%s�'
DEPARTMENT OF
TAXATION AND RECORDS ADMINISTRATION
�o�COURRHO S ZONtNG FILE 9O--
ST. PAUL, MINNESOTA 55
RAMSEY COUNTY 0�•'NER June 7, 19 9� PROPERTY
RICHARD M 6 ONSTANCE M 02-28-23-22-0034
- HELGESON 07
13516 ClINTO PLACE
BURNSVILLE M 55337-4028 lOb4 MARSHALL AVE
As part of the Sta e of t�linnesota mandated quartile review, the Ramsey
County Assessor 's ffice is reviewing all the apartments in the County.
This letter is to nform you that your property will be ur,der review fcr
the 1991 assessmen . '
In ordez that our ffice may es_tablish fair and equitable valuations- of
. property, we wouid appreciate your supplying the economic infor^�a�tion in
the sp.aces provide for the property identified above.
The information yo furnish is CONFIDENTIAL by law (t�S.S.A. Ch. 13. 51,
Subd. 2) and will ot be filed with the prope.�ty records nor exposed to
public inspection.
If assistance is n eded in completing this form, please call our office
at 292-7111. �ae �t ank you for completing and returning this form within
10 days in the enc osed envelope.
The physical revie will be conducted during August and September of
1990. An appraise from ouz office may be contacting you to review your
property.
r1 ME: G oss t1 nthl 19 89
Indicate current verage monthly rents for each typ� of unit and,� g�r-
ages (include estir�ated income for rent-free units, i.e. caretaker) :
AVG. t90NTHLY RENT
UNIT SIZE P10. UNITS PER UNIT
Efficiency 1. 6, g :
1 Bedroom 2. �0 7.
2 Bedroom 3. g.
3 or more Eedroo s 4. ��«�_ 9 . Qn�, �,Q all utilities incl ded '�
Garage 5. (stalls) 1��. �
Yes �,?o '
11. Does rent in lude heat? xy� i
�
Yes No �
12. Rental Conce sions 13. ��1hat Type? �
14 . Total annual income from other sources: vending, washers, dryers , i
etc. S
15. Indicate any retail space�s���ented: _n_ sq. ft. i
16. $ avg . month rent— �
- ` ���/�✓�
� 2 ZQNING FILE �°-=
EXPE:rSES: Gross nnual 1989
Utilities 17, g 8,000.00 "
Repairs & Hiainten nce (incl. decorating
& reserves) lg. 3,000.00
t�tanagement, legal & accounting 19 . �
Advertising, insu ance, etc. 2g. , 0.
Real estate taxes 21. 6,000.00
22. VACANCY: Act al Rate (1989 ) 14 $ of total units vacant
23. PURCHASE IC $ 68.00O.QQ 24. Date of Purchase 19-78
c �—�S_/��.G �3 s. _
Sign t re of Owner, tdana Agent Date Telephone Plu
Note: The fou bedroom apartment units are rented to four unrelated adults in
each of the living units. This allows 16 adults to find clean, safe
and aff rdable housing in ST. Paul . I pay the heat, lights, etc. Each
apartme t unit has four bedrooms, which are leased to unrelated adults,
on a mo th to month lease. Each person is on a seperate lease and there
is a private phone line to each of. the four bedrooms in each living unit.
Thus ea h person has the option for a private phone. The four adults
share t e kitchen/kitchen eating area and are responsible for keeping �
the sha ed are clean. ,, _
I call his type of shared�;housing SRO units, (single room occupancy).
There a 16 SRO units in the building, ie, four SRO units in each of
four la ge apartments.
This building was inspected and approved for this use on a number of
occasions during the past four years. The most recent review and
approval was during our Certificat of Occupancy review which was
complete and approved in May �of 1990.
The final inspection was conducted by the Dept. Supervisor, Sue T�s��y.
Richard elgeso
Owner
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`�,T, e, CITY OF SAINT PAUL
_.• � DEPARTMENT OF COMMUNITY SERVICES
3. .
�: � '�.i1° :; BUILDING INSPECTION AND DESIGN DIVISION
Z;+. :�
� City Hall,Saint Paul,Minnesota 55102
�... 612-298�212
�AMES SCHEi6El
MAYOR
June 7, 1990
ZOI�ING FtLE ��
Connie and Richa d Helgeson
13516 Clinton P1 ce
Burnsville, MN 55337
Dear Mr. and Mrs Helgeson:
We have reviewed your application and plans for a building permit and site
plan review for proposed development at Magnolia and Barclay, zoned RM-2
(multifamily res dential) . Your applications cannot be approved at this
time because a s ecial condition use permit for two 24-un�t roominghouses
has not been iss ed by the Planning Commission. The lot size would only
support a total f 34 rooming units as specified under Section 60.443. (2)
of the St. Paul egislative Code. Therefore, should you apply for a special
condition use pe mit, the project would need to be scaled down, additional
land would need o be acquired, or a lot size modification must be requested
as detailed unde Section 64.300. (e) .
Our opinion that this project constitutes two 24-unit roominghouses instead
of two 6-unit ap rtment buildings is based on several factors. The zoning
code definition of a roominghouse is:
A building or structure which requires licensing as a boarding-
house, roo inghouse, or rooming and boardinghouse under the
St. Paul L gislative Code. (Section 60.202.B.)
The roominghous definition under the licensing chapter is:
Any reside ce building, or any part thereof, containing one
or more ro ming units, in which space is let for periods longer
than one w ek by the owner or operator to five (5) or more
persons wh are not husband and wife, son or daughter, mother
or father, or sister or brother of the owner or operator.
(Section 3 1.01)
The same sectio defines a rooming unit as:
Any room o group of rooms forming a single habitable unit
used or in ended to be used for living and sleeping but not
for cookin or eating purposes. (Section 321.01)
After reviewin your plans, it is our determination that each of the 48
rooming units p oposed would be a single habitable unit �ntended to be used
for living and leeping but not for cooking or eating purposes. Each
building would onsist of 24 rooming units, each occupied by a nonrelated
individual.
. �
June 7, 1990 ZONING F1LE 9-�'�""'r�
Page 2
,�_>°� 7
In support of ou conclusion that ttie intended use is as roaming units, is
tt►e fact tt►at yo have applied for and received a commitment for fed�ral low
income tax credi s as single ro�?a: occupancy �SRO) for this project. SRO
housing is defin d i.n the Code 'of Federal Standsrds as:
A unit whic contains no sanitary facilities or food
preparation facilities, or which contains one but not
b�th types f facilities (as those facilities are
defined in ection 882.109(ai and (b)) and which
is suitable for occupancy by a single eligible
individual apahle of independent living.
(Section 88 . 102)
You have admitte that you plan on buildin� SRO uiiits, it is our contention
t�at SRO units a su meet the defirxition of rooming units for zonin� purpo::c�s.
Tne design of th building also indicates a use intended to be r:om=r_;; urir.s
rather than apar ment units.
-- There will e 48 leases; rental arrangements are to be by t!►� roori^g
unit. Typi ally, apartment buildings are leased by the apart�ent
unit. That the roomers share a kir.chen seems inci.dental to i�,e fact
each unit is rented individually.
-- Each rooiaing unit wouid be self-contained, except for couk�iig facilities.
Eac; would ave a he� and dresser as well as a television jacy anZ phone
lir.e (whic would not be loca;:ed iu t:�e conmon space roo�) . Add�ti��nal?y,
each SRO u it wuuld have a private doc,rbell znd ir_t�rcom wall sp�aicer.
While we c rtainly are n�t suggesting tha*_ pr,ones and te].erisio:,� do net
helong in edrooms, apartment units generally have thEm ir. commoci living
space area and not in ALL bedrocros.
-- L'�c?� kitch n area would have four locY.ed p�ntries, each with a refriger-
3tor. Eac roomer would have their own refrigerato: unlike apartment
units that have one refrigerator.
-- The constr ctioz plans show one electrical meter for each building.
Amendment 215.4000 to Section 505.2 of the Model Energy Code as
a�opted by the State of Minnesota reqiiires seven electricai meters for
a six-unit apartment building (one for eacY! unit and one far common
areas) . 0 ly one electrical meter is required for a rooming�ouse.
-- The zoning code requires 18 parking spaces for 12 apartment units.
The site p an shows 40 parking spaces, indicating more traffic is
anticipate than the zoning code contemplates for 1'2 apartment unit.
In conclusion, e cannot. approve the proposed construction project at
Magnolia and Ba c13y until a special conditioa use permit has been issued
by the Planning Co,nmission. A special coudition use permit is requirNd
because the pr�'ec*_ is intended to be used as two roomir,�Znouses.*
*Ncte: A roumi ghouse business � icense wili alsu be reqsire�.
For inr rmation abour. license reaeiiraments, you should
contdr.t the office of tne Cit� LiceT:se lnspector.
� � �'v-���
June 7, 1990 9 Q- �63
Page 3 ZONING FtLE �—
If you disagree w th our interpretation, you may file an appeal within
thirty (30) days rom the date of this letter to the Board of Zoning
Appeals in accord nce with Section 64.204 of the Zoning Code.
Sincerely,
�1
i , "� � � ,�
. ,
��� �-�.� �� .'`,�-� '
Jan P. Gasterlan \
Zoning Administr tor
JPG:krz
cc. Councilmemb r Goswitz
A1 Carlson
Peggy Reich rt
Bob Kessler
Mary Tinger hal �
District 2 ommunity Council
_ � ` A � ,,�;��
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t . • • ` i ,��.�fR
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��. .». `.�w.�..�.�..»•.,�...�� .fi' ' r ' :1'
• :�' .!Gb.°tG..����•
�r...... � � ,.�Z�:e, ..
�D�l'7 ��
. $a�.t� �� CFR Ch. VIII (4-1�9 EdiMo�)'
Lo�er income Famity. As defined in and�oordinate C6aPP opriate�de�; �
Part 813 of this chapLer.
,� ManufacCured home. A structure, publtc or D�ve►te�resources W futnish '
with or wtthout a perma�nent founda- these services. The Servtce ABency
� tion, wriich ls bullt on a permanent may, oan or subleasse an Independenc t
chaasis, is deelgned for use 6�s s prinCt- Qroup Residence. 1
� ple Pl�t oi residence. and tneets the S�vice a�re�rnen� A written agree. ?
m ' gp��lg Quality Btar►dards aet lorth meAt i►PProved by the State between �
� in ;882.108. Lhe�Ownec (includt»S an entity witd
OeCUpctncY atttndarda. Btnndards the r1�ht 6o eublea8e> oi an Indeqend• t
j that the PHA eatablishea for deter- �nt'C;roup Rcsidence and the 8ervice
q mining she nutuber of bedrooms for A�ency and/or other entltles provld�
Q, F'smflies o1 difteient sic�s a►ad compo- !ng'Lrie supL>orLlve servlees to the occu-
Sit���er. AnY Person or enL3ty, lnclud- pan� oi IndeDCndent Group R,es!-
W �g a cooDefative, havti�g the leB� denCes. The agreement shall specify
the type and ITequesicy of the suppor6•
right to lease or sublease Existing �vC services to be furnlsl�Cd. (Ste
J HousinY. 882.109in)(8)and 882.209cj)t2�).
� priva�C snace. As defined !n subpart ��shared hOStsi�D. �+ detined in Patt
C of this part. gl a L r.
� Public Nausi'nq Apency c"PHA'�.
� pny State, county, municipality or Sinpie R.00m 4ecunancy cSRO)
� ! other go��ertunentai enLlty or publlc 7��stnv A unit which containa no
body (oT aBenCY or ir►btrumentality sanitary fuccilitles or lood Dreparation
.�„� thereof) whiCh is authocized to enQaBe facilitiee, or whlch conLafns orP but
Z . ;n or assist in the development or ov- not boLh tyvcs of i4ci!llies t�s thoee
eratiott of housing for low-inCOme faCilities are defined in ¢B82•109 t41
F�amilies. arid (D)>, arid wh1Gh Is �:u sb e or x•
O � 8eiated lease shctred h0us4rt9• Ab de' cuDanCy by A single eliglbie indlvldua!
N . fined!n Subpart C ot thls pst't. �g�able of lnde endent llvin�,
� ltesident AsriatanL A person who enan en y amourn
� if��es in an Independent C�roup Resl• d�fSned in, snd determined in a►ccoM•
dence and provSdes on a dallY basis �Ce y,,iLh Pait 813 of bh�s chapttr.
some or all oi the necessarY $u�POrL Total Ter+.ant Paym.eni c"Grou
ser�ic�s to elderly, handicanDed and Famiiv Co+itrlbution'�. The montrily
' dis4bled individuals receiving 8ectlon �ount defined in, s�nd de.termined 1�►
• e housln� ssststance and wlio ls essen-
tial to these individuals' care or wcll a�ordnnce wlth Part 81S ot this chsi�
' bein�. A Resident Assistant shali not ter.
`� be related by blood, marrisae or oper• Utitity allowance. As deflned in Part
.�'
stion of law to the indlviduals receiv- 813 oi thl� chapter, approve Y � '
ina Section 8 housl�B �sistsnce nor PHA. '�
contribute � Dort�io'sn��fa� t°,hTe ex Pgrt 813 oi t2�is chap!•� �t�'�u i
.� income or resour rentir►B a�Y s�IIU'
j pensei of these indlvidu¢�ls. (Se� �ble to a FamilY ,�s.
. ; b;882•1o6td)and 882.109(n).> factured home svacc•
..�, secretary. The 3ecretarY of I�ousina yerv Lo�o•�'►�con�Famdt�• As def� :
� c and IIrban Development. lin Part 813 of Lhis chapter. �:3i•
A vub11C or Diivat�
� non-�rofft organization ahich is reeog- �'[aa �R ai24o, aeo. �. 1678,�c imend�d it �.�
���eS3�.Nov.�.1979;4?F'R 33�•A�'
� nized by the State as aualliied to de• 3. 1982: 48 FR 43582.SePt, 23� 1983:49�
termine the supportive ser�ce needs 1Z237, M�r. 29. 1984: �0 f`it 19945,M►r ��� I
' oi individusls aho will reside in Inde- �1oe4; 40 FR 28576, June 28. 1964: 5� �
pendent Group Resldences. 'The s�i'�+' 92a�, n�tu. �. 19fl5; 50 FR 38���• �o�' �'
. ice sgency maY U�1'fo:'m ouLreaCh � ��4 Ss.F�b. 18,81 8s:S3�����.Mu 0
`' pptentlal rCSidents o! IndeDendent
,=. ��
Qroup Reaidences and Assiat the&� in' lsael
�� dividua�ls in applYina for housin� es•
..� etstancc,pzo�lde all or a port�on of the
220
�
i
�
• � .�,..... � ♦ �r}!a1�pVirs •�r
��:: r ���I ���
24 CFR Ch. VIII (4-1-89 Edi ioq) , pff��e of fhe Assisfant Secretary, HUD § 882.109
(2> In areas where HUD h ap. Propriate. Hoa�ever, in no case shall (2) Acceptability criteria. A flush
proved the use of exception ren for �he ad)usted rent be less than the toilet in a separate, pri��a[e room, a
0-bedroom units under para aph �ontract Rent on the effective date of fixed �basiri with hot and cold running
(a)(3) or (a)(4) of this section, the �he Contract. water, 2nd a shower or tub with hot
SRO exception rent will be 75 pe cent �2� Special ad.iustments. A special and cold running w�ater shall be
of the exception rent which appl s tc idjustment, subject to HUD approval, Aresent in the dwelling unit, all in
the Existing Housing 0-bedroom unit, �o reflect increases in the actual and prope2� operating condition. These fa-
Further, a SRO unit may be gr ted necessary expenses of owning and cilities shall utilize an approved public
an exception rent for its own spe ified maintaining the unit which have re- or private disposal sS'stem.
unit size. In no case may the au hor• Sulted from substantial general in- (b) Food r ion a d r use dis-
ized rent for the SRO unit exce d 75 creases in real property taxes, utility Posa�c 1) Performance requirement.
percent of 120 percent of the -bed. �tes or similar costs (i.e., assessments, �e �'elling unit shall contain suita-
room unit FMR. ble space and equipment to store, pre-
(3) In determining the reaso able• �d utilities not covered by regulated are, and serve foods in a sanitary
ness of the rents, consideration 'll be �tes), but only if and to the extent p
that the Owner clearly demonstrates ma:�ner. There shall be adequate fa-
given to the presence or absen e of that such general increases have cilities and services for the sanitary
sanitaxy or kitchen facilities. �used increases in the Owner's oper- disposal of food wastes and refuse, in-
(f)Shared Housing. See §882.3 . ating costs which are not adequately cludir�g facilities for temporary stor-
(g) Other services—esclvsion from compensated for by the annual ad3ust- age where necessary (e.g., garbage
Contract Ren� The Contract ent. ments provided for in paragraph (a)(1) cans).
may not include the cost of pro iding of this section. The Owner shall �2� Accepiability criteria The unit
supportive services, housekeep g or submit financial statements to the shall ,contain the foiloa�ing equipment
laundry services, furniture, foo , or pHA v�•hich clearly support the in- in proper operating condition: cooking
the cost of serving food. crease. stove or range and a refrigerator of ap-
[43 FR 61246, Dec. 29, 1978, as amen ed at (b) Overa.11 Limitation. Notwith- propriate size for the unit, supplied by
99 F�, 12237, Mar. z9, 1984; 5o FR, 87sl, standing any other provisions of this elther the Owner or the Family, and a
sept. 25, 1985; 51 FR 21309. June 11 1988; part, adjustments as provided in this kitchen sink with hot and cold run-
53 FR.4388, Feb. 16, 1988; 53 FR 773 ,Mar. section shall not result in material dif- ning water. The sink shall drain into
10.1988;54 FR 237,Jan.4,1989] an appro��ed public or private system.
ferences between the rents charged Adequate space for the storage, prepa-
�852.107 Term of ACC. for assisted and comparable (as de- ration and serving of food shall be pro-
The fnitial term of the ACC sh � fined in §882.106(b)) unassisted units, vided.
as determined by the PHA (and ap-
for five years. The term may e ex- proved by HUD in the case of adjust- �c) Space ¢��d security—(1) Perform-
tended. ments under paragraph (a)(2) of this ance Requiremen� The dwelling unit
[49 FR.12237,Mar.29,19847 section). shall afford the Family adequate
space and security.
�882.108 Rent adjustments. t43� 61246, Dec. 29. 1978, as amended at <2)ACCeptability Criteria. The dwell•
44 FR 93903,July 26, 1979;47 FR 4252,Jan. ing �init shall contain a liviag room,
(a) Contract Rents shall be ad usted 2s. 19a2; 47 F'Ft 33500, Aug. 3, 19s2; 49 FR, kitchen area, and bathroom. The
as provided in paragraphs (a) ( ) and i2237,Mar.29, 198a) dwelling unit shall contain at least one
(2) of this section upon request the bedrpom or living/sleeping room of ap•
PHA by the Owner. Howevei, th tlnit �8g2•l09 Housing quality standards.
propriate size for each two persons.
must be in Decent, Safe and S itari Housing used in this prograxn shall Persons of opposite sex, other than
condition and the owner must ther- meet the Performance Requirements husband and wife or very young chil-
wise be in compliance with the rms set forth in this section. In addition, dren,, sha:l not be required to occupy
of the lease and the Contract. S bject the housing shall meet the Acceptabil- the �ame bedroom or living/sleeping
to the foregoing and 4$82•106(b (�e 1ty Criteria set forth fn this section room. Exterior doors and windoa�s ac-
rent reasonableness limftatio ) sd• except for such variations as are pro- cessible from outside the unit shall be
justments to Contract Rents s � Posed by the PHA and approved by lockable.
as follows: � HUD. Local climatic or geological con- <d) 17iermal environment—<1) Per-
(1) Annual adjustments. (i) u� ditions or local codes are examples formance requiremeni. The dweliing
adjustments as of any anniv rsari' ahich may justify such vaxiations. unit shall have and be capable of �
date shall be determined by us S�� (a i���acilities—(1) Perform- main�.aining a thermal environment �
applicable Section 8 Annual dj ance repuzremen�ie dwelling unit healLhy for the human body.
ment Factor <24 CFR, Part 888 m� shall include its own sanitary facilfties (2) Acceptability criteria. The dwell-
recently published by HUD in th �°' which are in proper operating condi- ing unit shall contain safe heating
ERAL REGISTER. tion, can be used in privacy, and are and/pr cooling facilities a�hich axe in
(if) Contract Rents may be ad ust�d adequate for personal cleanliness and proper operating condition and can
upward or downward, as maY e a� the disposal of human waste. provide adequate heat and/or cooling
:4 225
,�:n ZONING F�LE q°__=163 '
�~ i
�`� , ,
/,���-.�6^:
/
3 4�,T* °•. C1TY OF SAINT PAUL
="� '' DEPARTMENT OF PLANNING AND ECONOMiC DEVELOPMENT
; ����11'i,� � DIVISION OF HOUSING
� ,v 251Akst Faurth SUeet,Saint Paul,Minnesou,55102
• 612-228-3361
,..•
GEORGE LATIMER
MAYOR
ZONING FII.E 4O-=�
June 6, 1989
Mr. Richard He geson
13516 Clinton lace
Burnsville, MN 55337
RE: Reservati n of Low Income Housing Tax Credits
Dear Mr. Helge on:
I have had the Department of Planning and Economic Development's (PED) legal
counsel on lo income housing tax credits review your request to amend your
tax credit reservation from 2/24 rental unit buildings to 12/3-bedroom rental
townhouse uni s. It is their opinion, and I concur, th�t the language of the
iechnical and iscellaneous Act of 1988 (the "1988 Act") does not allow a
binding rese ation agreement to be changed, altered or' amended. The binding
agreement is 'rrevocable. The 1988 Act specifically st�tes that the binding
agreement mus identify the types of buildings for which credits are being
reserved and he housing credit dollar amount to be allocated, based on the
applicable pe centage for the month elected by the owne� of the project.
To reserve lo income housing tax credits for your 12/3'-bedroom rental
townhouse pro osal, you must file a new tax credit application, including
the payment o application fee and reservation deposit. If you are
interested, I recommend you file a new application as soon as possible,
given the dem nd and limited availability of tax credits. In any case, a
new reservati n commitment will not be made until you have withdrawn your
existing tax redit reservation. Furthermore, you should not interpret the
withdrawal of your esisting reservation as a guarantee of a new tax credit
reservation b t rather as a prerequisite to obtaining a new reservation.
Should you ag ee in writing to withdraw your present t�x credit reservation
before June 1 , 1989, I am prepared to refund $3,085 0� your tax credit
reservation d posit ($4,035 deposit, less $950.00 of incurred staff costs
on your proje t) .
�v -�� 5�
ZONt
�G FILE 4O-='=
Mr. Richard Hel eson
Page Two -
I trust I have dequately addressed your request. If not, please do not
hesitate to con act me at 228-3357, or Allen Carlson at 228-3347. I am
also willing to arrange a meeting to discuss your revised housing proposal
in greater deta'1 if you should so desire.
Sincerely,
v I�V � -�.����
Ka ing rth
Deputy Director Housing
MT/bkd
cc: A1 Carlson
John Madson
� ,� _. ,����
INCE & LISZT, P.A. E 9 0_ � �3
ATTORNEYS AT LAW �O��N� ��L ��
SUITE 312
8900 Penn Avenue South
Minneapolis, Minnesota 55431
Telephone(612) 881-8805
Telecopier(612) 881-4810
RICHARD T. INCE MARVIN A. LISZT
May 10, 1990
Mr. Tom Beach
Department of Planning and
Economic Dev lopment
City of St. P ul
25 West Fourt Street
llth Floor
St. Paul, Min esota 55102
Re: The May 15th Committee Site Review of Helgeson
SRO Limited Partnership - Phalen
Dear Mr. Beac :
Mr. Helgeson as advised that you called him on Nlay 3rd to state
the matter wo ld not be on the agenda. We want it clear that we
do not want th matter removed from the agenda. We challenge your
right to effec the removal that you have requested.
We have answe ed every question and paid every fee requested.
Quite frankly, we are left with the opinion that the City of St.
Paul officials are using the SRO classification of the properties
to be construc ed in a manner not intended by the SRO regulations
and the zoning ordinances of the City of St. Paul. We think that
the SRO classi ication is adequately described by Mary Tingerthal
in her letter o Tina Moreland of District 2 as follows:
As a poi t of information, the Housing DiviSion of the
Departmen of Planning and Economic Development
administra es the reservation and allocation of low
income ho sing tax credits within the city. The tax
credit pro ram, in conjunction with other City lending
programs, as proven to be a successful combination to
create new rental housing developments such as Greenbrier
Glen. No ally, the neighborhood community council is
given an o portunity to review and make recommendations
on a propo ed housing development because to date, all
tax credit rogram developments have involved direct City
financing, requiring approval by the Housing and
Redevelopm nt Authority of the City of Saint P�ul, which
in turn re uires review by the District Council . Mr.
. ��-'/�s�
F�`E qo_,�3
Mr. Tom Beac �O�'�� --�'�
May 10, 1990
-Page Two-
Helgeson has decided not to pursue City financing;
therefor , according to the City's procedural manual for
the allo ation of low income housing tax �redits, Mr.
Helgeson does not have to seek approval of his
developm nt by the District 2 Council. Given the fact
that Mr. Helgeson complies with all requirements of the
procedur 1 manual for low income housing tax credits, we
are lega ly bound to allocate tax credits to his proposed
developm nt.
(Letter dated ovember 27, 1989, copy available if you do not have
one) .
Somehow becaus of what my client intends to do to produce housing
for these people, the federal government has decided to help. We
find ourselves afoul of the local zoning ordinances of the City of
St. Paul in a manner not reflected in the ordinances of the City
which is appa ntly instigated by individuals in the area who do
not wish to allow individuals to confona with and take advantage
of this congre sional dictate.
I suggest the ity officials of St. Paul have better things to do
than to try a d defeat a project which confor3s in all respects
with City ordi ances.
I also suggest that the same City officials must understand that
this matter in olves a situation where evidently from what I hear,
a suit is ine itable. What you are accomplishing is a holding
pattern for a p oject in St. Paul that is not requesting any public
funds and what ou will ultimately accomplish is the loss of those
investment fun s and I can assure you that this activity may well
generate the litigation from our end.
Sincerely,
I CE & LISZT, P A.
. �
Richard T. Ince
RTI:�g
. . . �) /�
, �r/ ��/��
MEMORANDU ZO��
6yG FILE Q==3
TO: Ri hard T. Ince� Attomey at Law �
FROM: Ri hard Helgeson
DATE: M y 4, 1990
1 talked with Lar Zang, Planning and Zoning Administrator, �ity of St. Paul, this past
Monday. About a year ago I dropped off a copy of the proposed blueprints for the
Helgeson SRO roject to Larry Zang for his review. I wanted to make sure at that
time that the pr osed project met zoning requirements for the City of St. Paui. I had
►eviewed the cit building and zoning code and was confident that it would meet such
►equirements, b t wanted con�rmation anyway. Larry Zang did verbally confirm at
ihat time that th proposed project met all zoning codes.
When I met with Larry Zang on Monday, he shared with me a copy of a letter dated .
February 1� 199 from Jan Gasterland. (Letter enclosed - while I am listed as having
received a carb n copy of the February 1, 1990 letter, 1 don't recall ever receiving
such a letter.)
Larry Zang see ed quite confident that we would receive a zoning challenge at our
site review meeti g which at this time appears to be tentatively set for Tuesday
morning, May 1 h.
I have enclosed or your review, Dick, copies of the St. Paul Legislative Code. It has
always been my ontention that the two 6 unit apartment buildings will be built and
operated as two unit four bedroom apartment buildings. Each unit will house four
unrelated adults.
Note: 1. Sectio 60.206.F. (Page 550)
�.Y... Every addition group of four (4) or fewer persons living in such
housekee ing units shall be considered a separate family for the purpose of
this code eriod.
WE LI T. A building, or portion thereof, designed for occupancy by
one family for residential purposes used or intended to be used for living,
sleeping, nd cooking or eating purposes.
. A building, or portion thereof, designed
exclusivel for occupancy by five (5) or more families living independently of
each othe in individual dwelling units.
�'�r-��.��
� � ZONING FILE q�
I have also en losed the definition for a rooming house which is what I think they may
try to call our d velopment.
ROOMI G HOUSE. "Rooming House" means any re5idence building, or any
part ther of, containing one or more rooming units� in which space is let for �
periods I nger than one week by the owner or operator to five (5) or more �
persons ho are not husband and wife, son or daughter, mother or father, or
sister or rother of the owner or operator.
As you know, ick, my SRO operations in St. Paul in which I house four unrelated
adults in a sing e living unit have been continuously approved by St. Paul officials for
the past three y ars. I am in strong dispute with the letter written by Jan Gasterland.
There are no re erences to SRO in the St. Paul Legislative code zoning regulation.
Therefore, for p rposes of zoning we must fall under existing categories and, of
course, that me ns we would be zoned appropriately as twelve 4 bedroom apartment
units.
The term SRO r fers to a "housing concept." It is not a legal definition and does not
imply a specific ype of residence. A single family home in a RI residential area could
be classified as SRO if four unrelated adults rented private sleeping rooms but
shared other co mon facilities in that home. Thus, the SRO �oncept is appropriate in '
any living unit fr m as sma�l as a single family house all the way up to large
apartment com exes.
I think you shoul know, Dick� that Gasterland's letter follows the letter that you have
in your file date November 27, 1989 addressed to Tina Moreland, Chairperson for
District II Comm nity Counsel, from Mary Tingerthal. Following Tingerthal's
November 27 le er, "all hell broke loose" on the east side of Sti. Paul. The District II
Council held a eeting at which reportedly over 200 people attended. Politicians
including Repre ntative Randy Kelly, Senator Marilyn Lantry, and others spoke out
against our proje t. (See enclosed newspaper article.) It was about that time that the
City paid staff m mber assigned to the District II Council, Mr. Ray Sammons, called
me at home one evening, identified himself, and told me the District 11 neighborhood
did not like my p oject and he "would do anything he could to destroy me." Thus,
viewed in that po itical light, the letter from Gasterland makes more sense.
The IRS tax cod uses the term SRO to define a housing concept in which a single
person is provide a private sleeping room as well as other common amenities. It is
up to the develo er or operator to provide that housing in an appropriately designed
and zoned facilit As I said earlier, a number of facilities would meet that
requirement.
Thus, the only re son for utilizing the term SRO, is to tie in with the financing
incentives availa le through the IRS to provide housing to low income working men
and women.
� � . ���- /%�� J :
ZONING FILE
q � -1�3 �
,
�60.205 LEGISLATIVE CODE j� ;
munication, supply or dis osal system, including . Flood protection eleuation. That elevation not
towers, poles, K�ires, main , drains, sewers, pipes, less than one foot abo�•e t�he water surface profile
conduits, cables, fire alar and police call boxes, associated with the regional flood plus any in-
traffic signais, hydrants nd similar equipment creases in tlood heights attributable to encroach•
in connection therewith, b t not including build- ments on the f7oodplain.
ings which are necessary for the furnishing of Flood, regio�ial. A flood which is representative
adequate service by such utilities or municipal
of large floods kno�vn to have occurred and char-
departments for the general ealth,safety or welfare. acter•istic of what can be statistically expected to
Excauation. Any breakin of ground, except com• occur on an average of once every one hundred
mon household gardening nd ground care. (100)years and have water surface elevations equal
(Code 1956, §§ 60.328-60 330, 60.396; Ord. No. to those filed with and made a part of the River
16876, 1-28-82; Ord. No. 1 039, ?-7-83) Corridor District Zoning Map.
Flood, standard project. The flood that may be
Sec. 60.206. F. expected from the most severe combination of the
meteorological and hydroiogical conditions that
Facility resident A perso who resides in a com- is considered reasonabl5•characteristic of the Saint ;
munity residential facility nd contributes toward paul geographic area, excluding extremely rare
' g t e a ' 'ty's licen ed capacity. combinations. Such floods are intended as practi-
Family. One or tw (2)pe sons or paxents, with cable expressions of tt►e de'gree of protection that
their direct li descen ants and adopted or should be sougiit in the design of flood-control
e eared for children ( nd including the do- Works, thr failure of which might be disastrous.
�l
mestic employees thereo� gether with not more Floodway. The channel of the watercourse and . --
than two(2)persons not so r lated, li��ing together those portions of the adjoining floodplains which
�in the whole or part of a d elling comprising a have been determined necessary to carry and dis-
single housekeeping unit. E ery additional group charge the regional flood. The floodway has been
of four (4) or fewer persons iving in such house- determined in accordance with Minnesota Stat-
keeping unit shall be consi ered a separate fam- utes, Chapter 104, and Minnesota Regulations
ily for the purpose of this e. NR 85.
Fence, obscuring. A fence which is eighty (80) Floor area The sum of the horizontal areas of
percent or more opaque. each floor of a building, m�asured from the inte-
rior faces of the exterior walls or from the center- i
Finishing shop. Any bus ness which involves line of walls separating two (2) buildings. The i
spray painting or the appli ation of combustible floor area measurement is,exclusive of areas of '
materials, including furnitu e finishing and cab- basements, unfinished attics, attached garages,
inetmaking but not includi suto body shops. or space used for off-street parking or loading, �
Flood fringe That portion of the floodplain out- breezeways, and enclosed and unenclosed porch-
side of the floodway. es, elevator or stair bulkheads and accessory
. structures.
Floodpla.in, The areas adj ining a watercoLrse Floor areq gross leasable (for the purposes of
at or below the water surface elevation associated �mputing shared parldng under•Section 62.103(e)).
with the regional flood that ave been or hereaf �e total floor area of a building or structure
ter may be covered by the re 'onal flood. �� � deaigned for the tenants'occupancy and exclusive
Flood proof ng. Those met ods of construction use, including basements, mezZanines and upper
described in the Uniform ate Building Code floors,expressed in squaze feet and measured from
which, when applied to stru tures or properties, the outside face of the exteripr walls and from the � ��
will prevent or mitigate dam ge from floods. centerline of common walls or joint partitions.All .
Supp.No.8 '
550
� . - _ �o .-.���--�
- .. _ -_ �._-
�-°' . q o _�..�;�..: _
. ZO�It�lG=. FILE ---'� �� �:.-
4 321.01 � � � LEGISLATIVE CODE �/��j
�
. r.
Rooming unit "Room ng unit" means any room (2) Mental health services; �
or group of rooms formi g a single habitable unit �3) Habilitation services; �
used or intended to be sed for living and sleep-
ing but not for cookin r eatin urposes. (4) Rehabilitation services; .
Roominghouse "Roo inghouse"means any res- �5) Social services;
idence building, or any part thereof, containing (6) Medical, dental, nutritiona] and other health
one or more rooming u its, in which space is let care services;
for periods longer than ne week by the owner or �7� Educational services;
operator to five (5) or ore persons who are not �
husband and wife, son or daughter, mother or (8) Financial management services; �
father,or sister or brothe of the owner or operator. (9) Legal services;
Supervised "Supervis d" means that personal (10) Vocational services;
assistance and supporti e services may be pro-
vided according to the riteria set forth in the (11) T�ansportation;
rules and regulations pr mulgated under the pro- (12) Recreational and leisure activities; or
visions of this chapter.
(13) Other services required to meet a resident's
Superuised boardingh use "Supervised board- needs.
inghouse" means a boar nghouse where personal (Ord.No. 17225, $ 1,3-21-85; Ord.No. 17396, § 1,
assistance and supportiv services are provided. 9-4-86; Ord. No. 17401, � 1,9-9-86)
Superuised dormitories boarding and rooming- �, 321.02. License required.
houses. "Supervised do itories, boarding and . '
roominghouses" :.neans nd includes supervised No person shall operate any boardingnouse, dor- ,� •
boardinghouses, supe ' dormitories, supervi.5ed mitory roominghouse,raoming unit,rooming and ---�
roominghouses, supervise room units and super- boardinghouse, supervised boardinghouse, super-
vised rooming and boardi ghouses. vised dornutory, s�:pervi�ed roominghouse, super-
Supervised dormitory. 'Supervised dormitory" �sed rooming unit, or supervised rooming and
means a dormitory where personal assistance and boardinghouse, as herein defined, in Saint Paul
supportive services are p vided. without a license. No lvicense shall be required
under this chapter for a� college dormitory oper-
Supervised rooming a boardinghouse "Super- ated by a college or university in accordance with
vised rooming and boardin house"means the simul- regulations promulgated'by the schooL "'
taneous operation of a s pervised rooming and (Ord. No. 17225, § 1,3•21�-85;Ord.No. 17401, § 2,
supervised boardinghous in single or connected 9•9-86)
structures. . �
� Sec. 321.03. Fees. •
Superuised rooming uni "Supervised rooming �
unit" means a rooming it where peisonal as- (a) Annual fee The annual fee required shall
sistance and supportive se 'ces are�provided. be based on maximum licensed oocupancy as follows:
Supervised roominghous "Supervised rooming- Class A-5 to 12 residents . ... .. .. . . .$ 40.00 _. . _...
. .-^•-- :. �. __ ..._
house" means a roomin ouse where personal Class B-13 to 25 residents .. . ... . : . . 50.00 �
assistance and supportive ervices are provided. � - � = -=� _ _
. - Class C-26 to 50 residents . . . . .. .-.: : `'60.00 � �- � �
Supportiue seruices "Sup rtive services"means Class D-51 to 75 residents ... . . . . . . . -�75.00
� services that are provided to the resident to n• � �--
hance ability to live inde endently in t�e �m- Class E—?6 to 100 residents . . ..�. . :. . 100.00
munity, including: '
- Class F-101 or more residents�per res- �.- �
, �
(1) Information and ref rral services; ident . .. . . .. . .. . . . . . . . ... . . . . 1.00 �r:�'::��.�.
.�.:/.
, 2042 .
�v �I���
ZONING FILE Q°`
May 4, 1990
Mr. Tom Beach
Dept. o Planning and Economic Development
City of St. Paul
25 West 4Th St.
11 th loor
St. Paul , Minnesota 55102
Dear Mr. Beach:
On Monda April 30, 1990, we submitted to you all necessary information,
includi g the payment of a $240.00 application fee, and was accepted .
as a pro 'ect for site review by your department.
We were told that our project would be scheduled for a full committee
hearing on Tuesday, May 15, 1990.
You called on May 3, T990, and said that our project would not be on
the agen a for the May 15th review. You said the blueprints looked
good, but someone in the zoning department had some questions about our
project. You suggested that we send some type of a letter to Wendy
Lane of that department.
We asked at that time that you replace our project on the agend6� for
site review at the May 15th meeting. You declined.
Now, con erning the blueprints. The blueprints speak for themselves.
It is cl arly going to be two six-unit apartment buildings. The property
will be perated in conformance with all laws, rules and regulations of
the City of St. Paul . This, of course, includes alll zoning regulations.
We do intend to allow 4 unrelated adults to occupy a single living
unit. s you may know, we have been doing this in two of our St. Paul
properti s for the past three or four years. The question of proper
zoning did arise in this use of these ST. Paul properties. As a result,
City building, zoning and fire inspectors were asl�ed to review these
properti s to determine compliance with St. Paul aoning regulations.
All of the inspectors, at five different dates and times, approved our
— use of 4br living units as legal and appropriate housing for four
unrelate adults. This single room occupancy (SRO) housing concept
was app ved for both our duplex at 1076/78 Ashland which has four
SRO units in each side of the duplex for a total qf 8 SRO units on
Ashland and our 4 units at 1064 Marshall , each haVing 4 br, and each
housing unrelated adults. So we are operating 16 SRO units out of
the 1064 Marshall Ave . Property. As we said, City housing and
Zoning i spectors approved this use for both properties.
. �/ c� //t`�1~/
ZONiNG FILE 90-
About a ear ago we took the proposed blueprints for the Magnolia
and Barc ay project in for concept review to Mr. Larry Zang, of
the City of St. Paul Zoning Dept. , and was informed that our
intended use of the six unit, 4br apartroents, ie, housing four
unrelate adults in a single living unit met the City of St. Paul 's
zoning r gulations. With 4 single room occupancy units (SRO) in
each of apartment units we would have 24 single adults living
in the b ilding (4 adults in each of 6 seperat living units) and
48 in th two buildings.
Every li ing unit is treated seperately under St. Paul zoning law.
You do n t add the number of unrelated adults living in one unit
to the n mber of unrelated adults living in another unit to come
up with "building Total" . This would be ludicrous as every
single a artment building in the City of St. Paul would classify
as a roo ing house under that method of thinking. And that is just
what Cit zoning officials are attempting to suggest for our project
at this ime.
At no ti e did City building, fire or zoning inspectors suggest that
we add t e four SRO units at 1076 Ashland to the 4 SRO units at 1078
Ashland o come up with a building "total ". Had this logic been
applied ver the past 3 or 4 years the City would have ruled that
we were unning a rooming house rather than a duplex housing four
unrelate adults in each of two living units.
The same is true for our 16 SRO units at ]064 Marshall . The City
has alwa s treated each living unit seperately. Again, we had
4 SRO units in each of 4 seperate living units and met all St. Paul
building, fire and zoning codes and regu7ations.
The use f the Federal low income housing tax credits, a device
designed to aid in financing the development of low income housing,
does no supercede or replace local zoning rules. Local projects
must be uild, approved and operated according to the local zoning
laws.
We cann t be held to subjective or unwritten zoning rules. If
the zoning department finds fault with our building or its intended
use, th must be prepared to state their objections, and give
their r asons with clear code violations cited to back up their
contenti ns, during an open site review meeting.
We have bank financing on hold, investors money in place, sub-
contrac ors bids submitted and a land purchase CD ballooning in
the nea future. Delay only serves to harm us.
�v -��s�
ZOf�tNG FILE 9°=
Again, e ask that our project be placed on the a�genda for review at
the Sit Review Co�nittee Meeting scheduled for May 15, 1990.
Thank y u for your cooperation.
We look forward to meeting you.
Sincerl ,
v
- _ �;� -
Connie H lgeson Ri hard Helges n
13516 C1 'nton Place 13516 Clinton Place
Burnsvil e, Minnesota Burns�ville, Minnesota
55337 55337
cc
Wendy La e
Zoning A ministrator
City Hal
15 West ellogg Blvd
Room 445
St. Paul Minnesota 55102
�'v-/���'
Phone: 731-68s2
�ll��ll0:1�� � ���� 11�71"! !1 iL :l ��..��lJ�'L..?�������
2169 STILLWATER AVENUE
ST. PAUL. MINNESOTA 55119
..�'i�•�
May 3, 1990 ZONING FILE ��—=�
Mr. James C ristenson, Chair
The Plannin Commission
1100 City H 11 Annex
Saint Paul , MN 55102
Dear Mr. C ristenson:
The Distri t 2 Community Council is again requesting, pursuant to Section
64.300 of he Saint Paul Legislative Code that the Planning Commission
conduct th site review for the proposed Helgescn SRO development at
Sarclay St eet and Magnolia Avenue.
Since our ast request, a site plan for the site was received by PEC
staff. (si e plan 1787)
A copy of arlier correspondence is included.
Sincerely,
G�e E �i�, C•.T �
George E. Johnson
Chair
� � / ��
..0� , �:� ���
_ ,
CITY OF S^INT P/1UL
, INTERDEPARTMENUL MEMORANDUM
DATE: Apr 1 26, 1990 �0���� ���� q0���
T0: Co cilmember Goswitz
FROM: All n Carlson �
SUBJECT: RIC HEI.GESON SRO PROJECT
Subsequent to o r last meeting on April 10� Mr. Helgeson 'was sent the
following info ation:
pre.limina opinion of counsel indicating Helgeson's credit allocation
may be us d for the townhome proposal
revised r nt levels for low income housing tax credit projects
names of ow income housing tax credit syndicators
request f r proposals to apply to the Minnesota Housing Finance Agency
for mortg ge financing
I finally made elephone contact with Mr. Helgeson today. I asked if he had
come to any con lusions regarding the preliminary legal tlpinion on the tax
credits and his proposed townhome development. He responded that he is wary
of the opinion ecause his tax credit allocation was mad� for two buildings
with identical asis; whereas, if the townhome development were divided, the
two buildings w uld not have the same basis for determining tax credits. He
admitted that h had not had his attorney review the opinion.
It became appar nt, and Mr. Helgeson finally admitted, that he was not
seriously pursu ng the 3-bedroom townhome development because there are too
many unknown ri k factors. Furthermore, he was not encouraged to proceed with
the townhouse d velopment knowing he would have to absorb losses (i.e.
architectural) rom the SRO project. He emphatically st�ted that he can't
afford to absor any losses.
In summary, Mr. Helgeson is proceeding ahead with his original SRO project.
He has dropped ff plans with Larry Zangs in the zoning section of the
Building Inspec ions Department. However, he did not file for site plan
review.
Please apprise ary Tingerthal and me as to how you would like to proceed
with Mr. Helges n. ,
AC/bkd
cc: Mary Ting rthal
Warren Ha son
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� �-- _-.
April 6, 199 � _ . -:�r�'�;��`:'°"� '
APp ;� - ��_:�
. - �c,s�
� .
}�'�.' �'''•,� -. ;.
'•.rl;';.� ; •���.,,, ,
Connie Hel ge on ' � ` � ���-�"�
13516 Clinto Place
Burnsville, innesota
55337
ZON11�G FILE �°- '��
Councilman R ger Goswitz '
District # 6
St. Paul Cit Council
City of St. aul '
St. Paul , Minnesota
Dear Council an Goswitz:
I write in f llow up to my letter to you dated Feb. 2, 1990.
First, I do hank you, Kathy and a St. Paul City Housing Inspector for taking
the time to our my SRO project on Ashland Ave. in St. Paul . I think that was
a good first step in understanding what type of housing I am providing. I hope
you have had the opportunity to share your impressions with others in ST. Paul
concerned abo t our housing plan for Magnolia and Barclay.
It has been o er two months since my Feb. 2nd letter in which I proposed
what I though was a "win-win" compromise for ali parties involved. (see
attached lett r)
I have receiv d no response to that proposal .
However, as y u know, it was my intention to continue with the development
of the SRO Ph len project pending any other agreements �with you, the City
and the neigh orhood. At this time it appears that we 'will seek a building
permit within the next three weeks and start construction on receipt of the
permit.
I have given uch thought to the "win-win" concept proposed by Rep. Randy
Kelly in ]ate Jan. 1990. Essentially, Rep. Kelly's idea was to come up
with a compro ise that would be acceptable to all .
My proposal o Feb. 2, 1990 may have fallen short of that goal as I was
demanding an SRO project in some other area of St. Paul thus requiring
another neigh orhood to accept the concept.
z �v�/��'
zoN��v� F��E 9D—
Therefore, i a spirit of compromise, I am offering th� following new
proposal whi h I think is a true "win-win" proposal as all parties involved
get everythi g they should want.
My proposal s as foilows:
1 . I will d op the SRO project completely. I will build no new SRO units
anyplace in the City of ST. Paul . ,
2. I will d velop two (2) new family housing projects (3br townhouse style)
in St. P ul . One 11 unit townhouse project as described in my letter
of Feb. , 1990, will be build on the Magnolia and Barclay site and one
similar roject (10 to 12 3br townhouse units) on a seperate site , not
yet iden ified, in the City of St. Paul . �
This is a tr e "win-Win" compromise as:
1 . The Dist ict 2 Council would trade the proposed 48 unit SRG project
for 11 3 r townhouses.
2. The City of St. Paul would help provide additionalI� needed family housing
to low i come families. The proposed design is bo'th efficient and
beautifu .
3. Helgeson would benefit as they would be the developers of two projects
rather t an one.
To achieve t e above compromise the following must be iconsidered:
a. Qui k action is vital
b. The people who have the pot�er to make decisions must be involved
dir ctly immediately.
c. Hel esons must be "covered" for a11 existing expenses on the current
SRO project.
d. We ould need tax credits and City financial help for both new
pro'ects.
e. Exi ting investors must be offered the same lievel of return on
the new project as they are to receive on the existing project.
f. Hel in finding equity funding for the expanded project may be necessary.
(Fo example, a City request for support to the Metro. Low Income
Ne'ghborhood Housing Limited Partnership, or a similar organizationj
3 '�'��75`�
zoN i�NG Fi LE 9�—.
g. The necessary City cortgnittments would need to be made
immediately and in writing.
Summary
* the City wants additional family housing
* the City provides financial assistance for the development of
such housing
* the City supports the specific style of housing we are now
proposing.
* there is a need for such housing in the City of St. Paul
* all parties involved should support this proposal as it is
a true "win-win" compromise. Every party to the agreement
gets what they want.
This is the second compromise proposal I have offered. I received no
respons to my letter dated Feb. 2, 1990.
This le ter was prompted by a call from Mr. Pat Hill , staff aid to
Rep. Ra dy Kelly, in which he requested information on the status of
our pro ect following my letter of Feb. 2, 1990
The nex move, if any, is up to the City.
Again, as I stated im my letter dated Feb. 2, ]990, I will continue
with th development of the Phalen SRO until other firm agreements, if
any, ar reached
If this issue continues to be of concern to you or the neignborhood
council I urge you to act ir�nediately. I am sorry that two months
passed ithout any action on the part of the City'
I look orward to hearing from you,
S'ncere y, -
onnie elgeson
cc.
Rep. Ra dy Kelly
Senator Marily Lantry
Mr. All n Carlson
Tina Mo eland
Ray Sal n
George ohnson
Howard utson, Attorney-at-law
,��, - � �,�.y�
CITY OF SAINT PAUL
in�iii�°ti
OFFICE OF TRE CITY COUNCIL
ROGER GOSWITZ �Q_'63 KATHY GELAO
Counulmember Z O N I N G F t L E ��' �8��ative Aide
April 6, 1990
Connie Helgeson
13516 Clinton Plac
Burnsville, Minnes ta 55337
Dear Connie:
Thank you for you letter of April 6, 1990 outlining your new proposal for Magnolia and
B��clay and statin your willingness to drop the original SRO project completely.
I am pleased to re d that you have abandoned the idea of moving yaur SRO project to
another neighborh od in St. Paul. May I also note that it was the opinion of the City's
bond counsel that he tax credits should stay with the property at Magnolia and Barclay.
With regards to y r new proposed project, Connie, I have directed the appropriate City
staff to investigate what you have proposed and report to me their findings immediately.
Upon receipt of t e City's staff analysis of your new proposal, my office will be
contacting you to et up a meeting. I promise you will hear from'me this time within 10
days.
Please accept my pologies for the delayed response from the City; it took our bond
counsel longer tha anticipated to research and come up with a l�gal opinion concerning
the tax credits an how they relate to the property and project.
If you have any fu ther questions, please feel free to contact my Legislative Aide, Kathy
Gelao at 298-4476 Thank you again for your letter and pro�osal.
Sincerel
� . � �.
ROGER J. GOS
Councilman, War 6
cc: Mayor James Scheibel
Representativ Randy Kelly
Senator Maril Lantry
Mary Tingert al
District 2 Co unity Council, Ray Sammons
Howard Knu on, Attorney-at-law
CITY HALL SE ENTH FLOOR SAINT PAUI., MINNESOTA 55102 612/298-4�75
aa�aa
�l�- /�75 S
� ZON!NG FI LE 9�
)I�l[�°�'][$l[cC"IC c�'��1IN'1[�.J�TI[�[°�' cC�I�J��gI[a
21G9 Stiliwatcr Avenuc
Saint Paul, Minnesota 55119
(G12) 731-G842
FEBRUARY 15, 1990
D15TRICT 2 COMMUNITY COUNCIL
BACKGROUND
BARC�AY/MAGNOLIA SINGLE ROOM OCCUPANCY 51 Rp} PROJECT
1 . Th i s ro'ec i s not econorn i ca 1 1 v v i ab 1 e.
A. Conditions n rental property in the immediate vicinity are
depiorable, and this adversely affects the market for new rental
constructio .
1 ) Rents n ad,jacent apartment buildings are depressed below rental
rates elsew ere. For example, the Maywood East apartments across the
street rent for $315 for a one bedroom apartment and ;425 for a 2
bedroom. By comparison, a one bed►-oom apartment in Westminster Court,
a similarly aged development i,n District 5, rents for $375.
2} Even with these low rents. nearby apartment buildings have
extremely hi h vacancy rates. Within District 2. there were 83
buildings w ich had vacancy rates higher than 10�, according to the
most recent ity directory. These 83 buildings have a total of 1083
apartment units, and 386 of them -- or 36x -- were vacant. Nor� have
conditions i proved since the city directory was issued. Two of the
high vacancy buildings have now been abandoned and are on the city
vacant building list; the police say that two additional one have been
abandoned.
3) Adjacen apartment buildings are marketed for sale as
"distressed" buildings because of poor general physical condition
ideferred ma ntenance, high vandalism, and other damage to buiidings) ,
poor tenant election (tenants evicted from one building move into
another near y building, where they are subsequently evicted, etc.) ,
and high cri e rates (the police grid which includes Barclay/Magnolia
is in the ci y's top quartile for crime rates) .
' 4) Adjacen apartment buildings are also distressed financially. ITT
Financial , f r example, estimates it has lost $2 million on Maywood
East and oth r buildings are in receivership also.
5) These b ildings have extremely rapid turnover of both management
and ownershf .� Managernent turnover is frequently due to stress end
frust�ation. Some owners are "specialists" wFio buy a distressed
apartment c plex, spend some money on cosmetic improvements and evict
the worst te ants. then seil tf►e complex quiekly for a profit.
Conditions t en deteriorate, someone else buys the building to "turn
it around" i the short term, and tl�e cycle repeats.
6) The Bar lay/Magnolia proposal would be located right behind
�� ����
ZONING FILE � °_-=`-�3
SRO POSITION PA R PAGE 2
Phalen Shop ing Center, which is half vacant. The problems with the
apartment b ildings in the area is one reason Nhy the shopping center
has high va ancies.
B. The develop r's proposed rental rate ($275/month for ,a SRO that shares
kitchen and living areas with three other SRO units) is well above the
rt►arket and bove Nhat he mey reasonably expect to obtain, and his
projected 5 7X vacancy rate is unreasonably low.
1 ) Person Nilling to pay $275 rent can go across the street and
rent a 1-be room apartment (not an efficiency or SRO) for $315, or can
, rent a 2-be room apartment for $425 and share it with a person of
his/her cho ce. The developer has not shown how he cen compete with
adJacent a rtments. '
2) The de eloper's proposed rent is not affordabte for persons
receiving G neral Assistance ($205/month). Although the rent is
theoretically affordable for persons receiving SSI ($$68/month) , such
persons are more likely to look for less expensive rooms. This
etiminates part of the market for rooming units.
3} Compar d to other roominghouses in Saint Paul , his rent is very
high. The S int Paul everage listed rent for a sample;of "Rooms
Without Boa d" advertised in the Pioneer Press Dispatch during the
lest two mo hs was $205. For the East Side -- the third of the city
which inclu es this proposed development -- the average listed
edvertised r nt was $188. The developer has not shown how he can
successfull compete with rooms on the open market.
4) Not included in the classified ads are the two recent city-
financed SRO buiidings operated by the Wilder Foundatfion. Their rents
are: Wilder partments on Snelling, �130-190/month; and American
House, $165-190/month. City marketing surveys indicate that there is
no need for he city to finance additional SRO proJects, because the
market deman is,not there.
5) In comp ting with other apartments and rooms, not only is his
rent too hig , but his location is poor. Barclay and Magnolia is
almost 4 blo ks away from a major bus line, there are 'no major
employers ne rby, and the bus ride to downtown Saint Paul takes ciose
to a half ho r (and an hour to downtown Minneapolis) . It is no
accident tha many rooms for rent are on bus lines, downtown, or near
• the �Midway a ea -- those are much better locations.
2. This develo ent should be classified as d roominahouse.
A. The develape 's eppilcetlon for federai tex credlts describes the
development s 48 SRO units. However, he describes the development for
building and zoning purposes as 12 4-bedroom apartments. The
development hould be required to be one or the other, not both. - •
B. The develope has to present it as 48 SRO uni•ts for federai tax credit
purposes in rder to qualify it as low income housing. His proposed
rent for a 4 bedroom apartment (4 SRO units) is $1100/month. That is
�a-/�S�'
ZONiNG FILE q°!�3
SRO POSiTION PAP R PAGE 3
not low inc e housing. If a 4-bedroom apartment unit is to be
affordable or persons with incomes at 50;G of Twin Cities area median
fncome, the rent must be $529/month or less. If a 4-bedroom unit is to
be affordabie for persons at 60� of areawide median income, the rent
must be $63 or less. These limits apply to city guid�lines for
federal low income tax credit eligibility, so the developer is
prohibited rom renting the units as 4-bedroom apartments if he wants
the tax cre its.
C. The develop r is presenting the development as 12 4-bedroom units in
an attempt avoid meeting city requirements for SROs. City codes
regard SROs f five or more rooming units as roominghouses. A
roominghous is required to obtain a zoning special condition use
permit and city license, and is inspected by the health and fire
prevention ivisions. This development clearly has five or more SRO
units in eac buildinq, but the developer claims that as long as each
apartment u it has four rather than five bedrooms which are rented as
rooming unit , the entire development is not a roominghouse. Since the
developer must rent as rooms rather than as apartment�, he should not
be permitted to evoid city roominghouse requirements. '
3. The ro sed development is both undesirable and unnecessarv.
A. Since SRO h sing is not a pressing low income housing need in Saint
Paul , as not d above, the tax ,credits which could be used for higher
prioritles ( ousing, deficit reduction, or something else) should not
be wasted on this type of project.
B. Poor quality construction should not be permitted.
1 ) The dev loper declined to pursue below-market mortgage financing
from the cit -- the only Saint Paul tex credit pro,�ect to do so. As a
result, he h s to pay much higher interest rates, thug losing money
which could e used more appropriately for better construction. The
resuit will e extremely cheap construction.
2) The tex credit application for this pro3ect estimates the cost
per square f t at less than ;34/sq. ft. In contrast, a respected
developer of low income housing in Saint Paul estimate�s that the cost
of new const uction for moderate quality loN income hdusing is $50-
�65/sq. ft. uch cheap construction as is proposed for
Barclay/Magn lia inevitably will prove to be a severe detriment to the
neighborhood This neighborhood has suffered from cheap low income
' housing cons ructton tn the past (e.g. Etna Woods) and should not have
to put up wi h any more.
C. This locatto 1s lnapproprtate for addittonai low tncome rental
housing unit .
1 ) Since t e" area already has about 1500 low income rental housing
units (some ssisted, sa�e not) within a 3/4 mile redfus, nc� rr�rre luN
income housi g should be built here. The area is already a rental low
income ghett , and the ghetto should not be expanded. lndeed, city
plans for lo ating additional low income housing do not specify this
. .r-,. .___...�_. .. . ... . . ._ _.11�-./.!��5�
� , . � � = �` ` ` • qo- 1�3
SRO POS 1 T I ON PAPE PAGE 4 �v j ����� ���� "-
area.
2) This de elopment can be expected to have a severe adverse effect
on adjacent ingle family homes, which have up to the ,present been
stable. Appr val of this proJect sends signals to homeiowners that
government o ficials fntend to ignore this area and let ft deciine,
despite stet ents from the new Mayor of his commitment to keep
working fami ies and middle tncome peopie in Saint Paul . Already, some
homeowners a e putting their homes up for sate before thetr property
values decli e and thetr quaiity of life deteriorates beyond recovery.
3) In addi ion to not meeting city priorities as noted above, '
this pro,ject is inconsistent with the Oistrict 2 plan, which was
developed to express the neighborhood's plans for the future.
C. The neighbor ood is up in arms opposing this development as with the
neighborhood and neighbors have the right to have their concerns
addressed an their wishes respected. However, the ta� credit program,
as admtniste ed in Saint Paul , does not do that. Unitke other city
programs, th low income tax credit program has:
- no p ovisions for neighborhood notification and review
- no r quirement for City Council or HRA Board approval
- no o portunity for anyone other than the developer to
appe 1 an adverse decision, and
- no r qufrement that a pro,ject receiving a tax credit
subs dy has to comply with other cfty codes, �tandards and
plan .
The tax cred t program guidelines should be changed immediately.
4. No new multi amil housin4 of a� tvpe should be constructed in
District 2 until he problems that exist with present re�nt�,l_ housina are
�esolved.
A. Distressed r ntal housing in our area must become:
- sefe nd secure, free of crime, drugs and violence
- very ell cleaned, maintained, repaired and rehabed
- capab e of selecting and maintaining tenants who want to put
down �ots in thfs neighborhood -- good tenant5 and good
neigh rs, and
- finan ially viable.
We believe that t e following are among the actions needed to bring the
distressed apartm nt cort�lexes up to these operating and maintenance
standardsi
- secur ty systems (hardware) and off-duty polic� officers or
other security personnel hired on an ongoing basis rathe�
than poradicaily �
- escro ing sufficient funds for cleaning, utiltty service,
repai s and maintenance so that maintenance does not
conti ue to be deferred
- volun arily correcting housfng, building and zoning code �
viola ions which•are tegal because variances were obtained,
but w ich perpetuate the buildings not•being up to present
9.� �/7�5�
SRO POSITION PAPER AGE 5 ZO�lN� �'�� ��—��3
codes
- requtri g standards of tenant behavior that prote�ct other
tenants and the community
- organizing tenant councils so that buildings or complexes
can be eif-policing to the extent possible, and so that
tenants' concerns about apartment living can be heard and
address d
- requiri g that apartment managers should be active
partici. nts in the apartment managers' association.
If these condi ions cannot be obtained and matntained on an ongoing
basis, then n ncomplytng buildings should be demolished.
B. Obviously, si nificant amounts of money must be invested in these
, buildings if hey are to survive. Any kind of public subsidy for the
buildings -- includi�g Section 8 certificates and city rental rehab
funds -- should carry with the subsidy the obligation to bring and
keep the buil ings up to the standards listed above. Right now, the
major conditi n attached to public funding is that rents stay at
affordable le els, ahtch Is silly because the rt►arket wouldn't support
rents for the e undesirable apartments above those levels anyway.
C. Among the rea ons why the buildings have declined to such a deplorable
state are rap d ownership turnover (due to buildings be�ing bought and
sold for spec lation), rapid management turnover (due tn high stress
and low rewar s) , and 1986 changes in the federal tax codes (which
removed the p evious ma�or source of profit in the buildings). The
buildings mus have stable ownership and management if they ere to
survive. Whet er this should be private/for profit, private/nonprofit,
or public own rship and management is yet to be determined, but the
cortimunity nee s to be involved in determining future ownership and
manageme�t pa terns.
D. The city shou d enact and enforce a moratorium on any building permits
for multifami y housing (including townhouses} in District 2 until
these problem are resolved. A task force consisting of neighborhood �
residents end buslness owner~�, district cauncil repr�esentetive5,
absentee buil ing owners, apartment managers, and city officials
should be con ened to plan and carry out changes so that the
moratorium ca eventually be lifted.
E. According to etropolitan Counctl projections, there wf'11 be a surplus
of housing in the Twin Cities a�ea in the near future, including some
post-World Wa II housing. in District 2, that surplus ,is already here
(the distress d apertment buildings) , and we need to figure out how to
• deal' with the situation now. Although we are not as familiar with
those neighbo hoods, We belteve that the same problems that exist here
could be comt g to parts of District 5, the North End, District 1, and
some of the t ner-ring suburbs. If so, the experience of solving the
epartment pr lems here could have benefits for those other areas as
well .
y� - ��
�� �
`.:���������t�T CITY OF SAINT PAUL
���,T, ,,rm,,�
=4� ' ''� DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMEtiT
�� iut��nti, ;�' DIVISION OF PLANNI\G
:.: '=11i I If It ^o' 25 West r+ourth Slreet.Saint Paul,Minnewta 55102
= 612-228-32"0
���� faz:612-228-3220
J.4MES SCHEIBEL
!NAYOR
February 9, 1990 ZONING FILE �0--�--16'
Ms Tina Moreland
District 2 Commun ty Council
2169 Stillwater A enue
St. Paul, Minneso a 55119
Dear Ms Moreland:
I am writing in r sponse to your letter to the Saint Paul Planning Commission
dated January 24, 1990. At it's meeting today, the Planning Commission
briefly discusse your request that the Commission itself review any site plan
application for housing development at the southwest corner of Barclay
Street and Magno ia Avenue.
The Planning Co ission asked that it be notified by the staff immediately if
an application i received for this property. Since the City has not at this
point received a site plan application, the Planning Commission felt it would
be premature to ote on whether it should do the review instead of the normal
staff level revi w. �
Thank you for br nging your community council's concern to the attention of
the Planning Co ission. If you have questions please caTl me at 228-3380.
Sinc ely, .
_-G����� i�.���-C '
eggy A. eichert
Deputy Director for Planning
sb
cc: Tom Beach
Roger Ryan
Mary Tinge thal
� �v-/�s� �
ZONlNG FILE 9-
� Sf.Paul Pioneer Press ispatch - "
— _ Wednesday,Feb.7, 1990 �
w- ent a ���
ar�tmen .
t
p an
� �
raws wrat �.
0 0 onents
pp
By Sean T.Kelly
stah write► � - - • � Helgesan said the project would
� be financed privately bnt with t6e
If all the opponents f a pro- uA nr�ua,►vE. help of federal taa credits of
posed low-income apa ent com- =75,000 a year for 10 years,a11ow-
plex for St. Paul's East ide were ~
y � ing invest,tnent from limited part-
prospective tenants, t e place ,: `� � < ners. "We aredt rich and can't ful-
would be filled several t' es over. � z W ly finance it ourselves,"she said of
More than 200 people rammed �m "' AR�INGTO �vE. � herself and her husband,Richard, ,
into the meeting room at ngini's �O W �,. Opponerits have urged the city of
Restaurante last week t criticize �' � � Nv�vE � St. Paul to do what it can to block
the plan that would erect 8 single- �tia ' < �c` the project, and Zoning Adminis-
room-occupancy residen 'al nnits 9 ° '�P � trator Jan Gasterland said the
at Barclay Street and Magno- �AND y�-P o
lia Avenue. Q �E � project may require city permits
��:>:;:r � g to go forw;ard as a single-room-oc-
But the session was ar from "�^�� �"� ' cupancy residence.
fact-finding. Gary Unge , a Dis- "We consider SRO units to quali-
trict 2 board member wh chaired fy as a roominghouse, which re-
� ro v
EAST SIDE _ �uw E „ quires a special condition use per-
� E. ►+sr. mit, under'the zoning code, and a
license," he said in a letter bo the
the meeting, let a parade f public • �'a��m��sncy buueanfl< District 2 Community Council.
officials dominate the mi rophone � �an shoP��a c.nt.r Helgeson said she was unaware
and rail against the propo 1 with- that any special permits would be
out really defining it. io the area are 1- and 2-bedroom °�d�• "If we have to deal with it
. "The East Side doesn't need a units, larger and more eapensive at that level,we will,"she said.
flophouse,"said outgoing n.Mar- than her proposed project. Helgeson met later with City
ilyn Lantry,DFL-St.Paul. 'The proposal would provide si$ Council member Roger Goswitz,in
"This project must not go for- four-unit clusters of single rooms Whose ward the project would be �
ward," said Rep. Rand Kelly, in each of two buildings, with pri_ located, and was presented with -
DFL-St. Paul, who will for vate baths and shared kitcheus and �veral suggestions for changing
Lantrq's seat later this ear. "I iiving rooms. ��It's quite innovative �e Project's nature or site.
will do whatever needs doi g to see and the response we have had to ��We may, have someone who is
that it does not." our ad has been great,"she said.
willing to' buy the pro ert "
Local resident Bonnie A undson Each of the rooms would rent at Goswitz said. "We are also looking
said the project isn't n ed be- #275 monthly,she said. "This is not at moving the location to satisfy
cause Ehere is a surplus o apart- for people who don't work but for the topponents) or making the
ments in the area. There re 347 people with jobs who make a5 to project inta three-bedroom town-
vacancies among the 1,0 1 units =8.50 an hour,"she said. houses."
near the proposed apart ents, a "young people on their first jobs Helgeson said she is agreeable to
vacancy rate of 33 per nt, she often can't afford to live aloae, so entertaining alternative proposals
said. they get together and rent a three- as long as she and her husband do
But developer Connie H lgeson, or four-bedroom apartment to not suffer an economic penalty as
who did not attend the mee ing be- share the costs. We provide a a result, such as losing the taz
� cause of its predictably co fronta- s6ared-living situation but we are credits for which the project now
tional nature, said the vaca t units responsible for any vacancies." qualifies.
I EVEt�TS
` / V I/ ! ✓ /
ZONIN� FILE q�-.
Feb. 2, 1990
Connie Helgeson
13516 linton Place
Burnsv lle, Minnesota
55337
Counci man Roger Goswitz
Distri t 6
St. Pa 1 City Hall
City o St. Paul
St. Pa l , Minnesota
Dear uncilman Goswitz:
First, let me express my appreciation to you for the professional
way i which you have expressed your concern for my proposed housing
proje t to be constructed on the corner of Magnolia and Barclay in
the C ty of St. Paul and your offer to work with me, city staff
and n ighborhood residents to consider alternatives that may be
accep able to all concerned. May I also, at this time, thank your
aid, athy, who has been courteous and helpful to me during some very
stres ful days.
As you may know, I will be gone for two weeks o�n vacation, but will
you
look forward to working with�immediately on my 'return.
To a oid any misunderstanding in the future let me make my position
clea now. I am continuing with my present development plans for the
SRO ousing until such time as we agree to any changes. Time is
^ �� -/'� �l
� zoNirwG �i�E 9_
importa t and therefore any decisions we make must be made in
the nea future. I know that the proper people in the City administration
can mak important decisions in far less time than often takes a
citizen to wrok through the maze.
Therefo e, let us consider some of the following:
1 . My son Marvin, will call you in a few aays to invite you to �
to r our SRO project on Ashland Ave. in ST. Paul .
2. Pl ase read the enclosed information concerni;ng our past interest
in developing family housing on the Magnolia/!Barclay lot. Would
fa ily housing be acceptable to the Neighborhood Council?
3. Co ld we relocate the SRO project to a new lOcation in St. Paul?
It has always been my contention that SRO housing would do well in
ar as not completely residential such as commercial industrial sites.
I an think of at least one such location already.
4. M current investment. lJhat will the City do concerning my cash
i vested in such things as city fees, land, architectural fees and
o her development costs. I will be fair in this area but I must
h ve help to compensate me for losses.
5. W at, and how fast, can the City offer new tax credits, mortgage
1 ans, gap financing, etc. Will the city take a helpful and lead
r le in planing for the new options. Can we all work together for
a cor�non goal within a reasonable timetable.
I hav been in business in St. Paul for the past 15 years. I want
to maintain a good reputation as a developer and operator of residential
real state and I want the support of the City and the residents of the
neig borhoods in which I operate.
I will do everything I can to work with you as long as I have fair
econ mic protection for the time and money I have invested.
Than you again for your kindness and your interest. I look forward
to w rking with both yout and Kathy.
'nc rley
nie e es
cc. Allen rlson
. �v -��s�:---
�- �- � �--- .: .
CITY OF SAI NT PAU L
��T. 0.
�,•' : DEPARTMENT OF COMMUNITY SERVICES
� M•
: =;��i�;; o� BUILDING INSPECTION AND DESIGN DIVISION
City Hall,Saint Paul,Minnesota 55102
�... 612-298-4212
�AMES SCHEIBEI
MAYOR
February 1, 199 ZONING FIlE 90�6�
Tina Moreland
District 2 Comm nity Council
2169 Stillwater Avenue
St. Paul, MN 5119
Dear Ms. Morela d:
In response to our request for a zoning determination for a proposed
project at Magn lia and Barclay, no application has been made for either
a building perm t or site plan review. However, we are of the opinion
that the appli ant would need to indicate whether the project is a
single room occ pancy (SRO) or an apartment building. It could not be
considered one or tax credit purposes and another for zoning purposes.
The applicant h s already indicated intent by applying far low income
tax credits for 48 SRO units. We consider SRO units to qualify as a
roominghouse wh'ch requires a special condition use permit under the
zoning code and a license.
As p�rt of the pplication process, the developer will need to submit
plans as well a their intent to either build two 6-unit apartment
buildings or 48 SRO units. Based on the information we receive, a formal
determination a to zoning compliance would be made, which could be
appealed to the Board of Zoning Appeals.
• Please contact e if you have further questions.
Sincerely,
Jan P. Gasterl nd
Zoning Adminis rator & Building Officer
���� JPG:krz
cc. Richard A lgeson
Councilme ber Goswitz
Councilme ber Dimond
A1 Carlso
Peggy Rei hert
Bob Kessl r
.
� FEB o 5 �QS`�/i�' �
zoN��� Fi�E °�a-=:
,----, � �l�-�
_ 1 I_ _1 I_ �
� ��- - ,� - -- lTT Rea�l Estate Services
1110 Lake Cook Road
February 1, 199 Suite k330
BuNalo Grove, IL 60089 .
Telephone(708)215-2280
Ms. Tina Morela d
Chairperson �
District 2 Comm nity Council
2169 Stillwater Ave.
St. Paul, MN 5 119
RE: 48-Unit, S ngle-Room Occupancy Housing Develapment ("SRO")
Corner of arclay and Magnolia Streets
Dear Ms. Morela d:
I attended th January 30, 1990 Neighborhood Organizing Meeting
at Mangini's. rom the size of the overflow crowd, it is clear
that the East Side community is united in opposition to this
ill-advised pr ject. ITT Commercial Finance Corp. is also
strongly oppose to the construction of yet anofiher low-income
housing proje in an already saturated and depressed rental
market.
ITT Commercial Finance Corp. is a national commercial real ,
estate lender with over $55,000,000 invested in Minnesota. ITT
owns, through efault, the Maywood East Apart�nents. ITT is
committed to re-couping its investment in Maywood East in the
most economica ly sound manner.
To date, ITT as expended significant amounts in renovating
Maywood East Apartments and in improving security in and around
the apartments Furthermore, ITT has budgeted substantial sums
for renovati ns at the apartments in 1990. Through the
infusion of ca ital and through the efforts of Bisanz Property
Management, w are heading in the right direction in creating a
responsible, s able, low-income community at Maywood East.
Notwithstandin our efforts at Maywood East, vacancies still
sit at 40�! The economics and demoqraphics of that area
suggest that any residents attracted to the proposed SRO will
come from M ywood East and the surrounding apartment
communities ( hose vacancies are even higher than at Maywood
East) . Also, the proposed SRO will have a competitive
advantage ov r the existing properties because: 1) the
facility will e � brand new, and 2) significant tax credits
allocated to the SRO � will allow the owner to offer reduced
rents. •
The advent of he proposed SRO and the attendant impact it will
have on occ ancy at Maywood East forces ITT to re-evaluate its
�v�/�S�
Ms. Tina Mo eland
February 1, 1990
Page Two ,
agenda with regard to expenditures at Maywood East. While ITT
now belie es that substantial renovations are economically
feasible, f the SRO goes forward as planned, ITT will
seriously onsider a liquidation of its investment at Maywood
East. I ha e to feel that the other owners in the area will
also explo e this option. The further deterioration of the
surrounding community caused by the exodus of owners like ITT '
who have he financial wherewithal and commitment to renovate
their prope ties is a high price to pay for any mythical
benefits of constructing the SRO.
Finally, I T objects to the allocation of public monies (i.e.
low-income ousing tax credits) in the manner demonstrated by
the propos d SRO. Granting tax credits to encourage low-income
housing co struction in an area sufferingl from a glut of
deteriorati g low-income housing is fiscally lirresponsible and
exacerbates the burden already facing ' area landowners
attempting to rehabilitate their properties. If low-income
housing ta credits are made available in the East Side, they
should firs be made available to ITT and other owners of
existing pr perties in the area.
Very truly ours,
iTr �L Es aT$ sstvicES .
u..--__
Michael G. owan
Manager,
Real Estate Owned Operations
MGR/lmc
mw.7
..� �
� i• `i �
��F � ��- Z-�
CITY OF 5/11NT P/1UL ,,�
INTERDEP1IRTMENTAL MEMOR/1NDUM
�v'l�s� Z-
�
DATE: Janu ry 29, 1990 ZONt�G �'L f c��- 163
T0: Mayo Scheibel .
FROM: Mary Tingertha �
SUBJECT: PROP SED DEVEIAPMENT BY RICHARD HEI.GESON
48 S NGLE ROOM OCCUPANCY UNITS
SOUT EST CORNER OF MAGNOLIA AND BARCLAY STREETS
The purpose of t is memo is to provide you with backgroun$ on a recent letter �
from ITT Real Es ate Services, Inc. to Councilmember Goswitz, regarding the
above-captioned roposed development.
There is conside able neighborhood opposition to this pro�ect. A public
meeting is sched led for Tuesday evening, January 30. We received a call
from the Pioneer Press-Dispatch today and expect that an article on the
pro�ect will app ar tomorrow.
Mr. Helgeson is roposing to construct a 48-unit low income single room
occupancy (SRO) ental housing development on the vacant property located at
the southwest co er of Barclay and Magnolia Streets. The development is to
consist of 2/3-s ory buildings; each building is to contain 6/4-bedroom rental
units, with each bedroom having its own bathroom; tenants are to share the
kitchen and livi g room area. The units are to be leased on a per-bedroom
basis. The site is to have 30 off-street parking spaces.
The Housing Divi ion of PED administrates the reservation and allocation of
Federal low inco e housing tax credits within the city. The tax credit
program has enab ed, through private investment, the development of several
family-oriented ousing developments, such as Greenbrier �len on Birmingham
and Case Streets.
Mr. Helgeson sub itted an application on November 1, 1988 to the Housing
Division of PED or a reservation of tax credits. PED ha¢ questions about
the suitability f this project because of the high vacancies in adjoining
properties and b cause we questioned the marketability of such a large number
of SRO units. P D discouraged Mr. Helgeson from proceeding with the project
and clearly indi ated that no City financing would be ava�.lable for the
project. Mr. He geson chose to continue pursuing the pro�ect and to seek
private financi
Mr. Helgeson's plication for tax credits complied with the procedural manual
for the reserva ion of tax credits. According to the procedural manual, a
"first-come� fi t-serve" policy was in effect at the time. Mr. Helgeson's
application was the only application we had in our possession. After
consultation wi our tax credit counsel, Briggs and Morg�an� staff could not
, . . �v/�59
Mayor Scheibel ZO�i NG �",E 9��63
Page 1�0 -
justify denying M . Helgeson a reservation without being arbitrary and
capricious. We� eluctantly, granted Mr. Helgeson a reservation of tax
credits on Februa 17, 1989.
In mid-1989� PED ffered Mr. Helgeson a refund of his reservation deposit
and application f e in exchange for releasing his tax credit reservation.
Mr. Helgeson decl ned the offer. The District 2 Community Council was
informed of Mr. H lgeson's proposal at this time.
In October of 198 � Mr. Helgeson requested a carryover of Mis 1989 tax credit
reservation which is permitted under the Federal tax credit law. The only
criteria which mu t be met in order to obtain the carryover is that at least
108 of the total roject costs must be incurred in 1989. Staff requested
detailed informat'on from Mr. Helgeson which he submitted to verify the
compliance with t e 10$ rule. �
On November 27, 1 89� I sent a letter to the District 2 Council explaining
the situation an the Housing Division's intention to issue a carryover of
Mr. Helgeson's t credit, which is good until December 30�, 1991. On
December 28, 198 � I executed the carryover agreement with' Mr. Helgeson.
Before Mr. Helge on can start construction on his proposal, he needs to
finalize commitm nts for financing the development, which �we understand he is
still trying to btain. Secondly, the proposal must obtai'n site plan approval
from the Plannin Commission. Third, the issue has been raised whether Mr.
Helgeson's propo al constitutes a boarding house under the City's licensing
laws. If so, Mr Helgeson's proposal would have to obtain a conditional use
permit and be li ensed.
I have met with epresentatives of the District 2 Council�, and we have
provided them wi h information about the proposed project. While the City
may have some op ions through the site plan review process or the licensing
process to preve t the pro,ject from going forward, we hav� been advised by
our legal counse that we cannot withdraw the allocation of tax credits.
Please call me i you have questions.
:
MT/bkd
cc: Councilme er Goswitz
Warren Ha son
�Peggy,-Rei ert�L�,.
Lisa Clem ns
Tom Welna
Marcia Ke ler
� �o-/�'SS
Phone: 731-6842
1LJ�11� 1l �11� � �l�11��lJ��� `L�`�-�1 `����
� 2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
���
January 24, 19 0
!
ZONII�G FILE 9�- '�3
Mr. James Chri tensen, Chair
Saint Paul Pla ning Commission
25 West Fourth Street
Saint Paul , M 55102 ,
Dear Mr. Chris ensen:
The District Community Council is requesting, pursuan�t to Section 64.300
of the Saint aul Legislative Code, that the Planning Commission conduct
any and all site plan reviews which may be called to the attention of the
City of Saint Paul for property located on the southwest corner of Barclay
Street and Ma nolia Avenue.
The future of this property is of great interest to our� community.
We appreciate your cooperation. You may call our Commur�ity Organizer,
Ray Sammons, t 731-6842 if you have any questions.
Sincerely,
i�./�iyc.�ic �
Tina Moreland, Chair
District 2 C unity Council
TM:pak
��� -- ; 7;��
�
��(;/,��,N�n Phone: 731-G842
`,�vw�t� a
)�������,)��)<<L."�)t� � ������'�� ��1��()���)� "�' 'c,'1����1�I'C,��l�.l,
"^ 21fi3 STILLWATER AV[NUE
,�,',i (,+ ,,,. _.
ST. PAUL. MIhJNESOTA 55119
.�,-'t..��
• E,�„ �,,,,.-:.. _ ;_
�,���.:�, :
A:i� L��= .
January 2 , 1990 '7O�'NG ���E 90=
L
Mr. Jan G sterland �
Building nspection and Design Division
445 City all �
15 West K llogg Boulevard
Saint Pau , MN 55102
Dear Mr. asterland:
The Boa d of Directors of the District 2 Community Council
is requ szing a determination on whether a proposed single-
room oc upancy development is a roominghouse according to
Saint Pa 1 zoning code.
As we un erstand it, the proposed development calls for two
building with six units apiece, each unit co�taining four
bedrooms with baths and sharing common living rooms and
kitchen areas. More detail may be found in the enclosed
letter f om Ms. Mary Tingerthal .
We appr ciate your attention to this matter and await your
response. For further information , you may call 'our Commu-
nity Org nizer, Mr. Ray Sammons, at 731-6842.
Sincerely,
�
Tina 1�10 eland
Chair
Encl .
�o -/�S�
4+���T• �-�, CITY OF SAINT PAUL
. � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT
° " DIVISION OF HOUSING
� ���iU Unt �
� ���� ����� 0 25 West FOurth Street,Saint Paul,Minnesota,55102
� A
����
GEORGE LATIMER
MI�YOR
ZONING FILE 9C''=
November 27, 1989
Tina Moreland, Cha'rperson
District 2 Communi y Council .
2169 Stillwater Av nue
St. Paul, I�T 55119 �
Dear Chairperson a d District Council Members: �
This letter is to nform you of a proposed 48-unit single ro�om occupancy
(SRO) , low income ental housing development to be construct�ed at the
southwest corner o Barclay and Magnolia Streets. The devel,oper, Richard
Helgesen, is propo ing to construct 2/3-story buildings on the currently
vacant 37,740 squa e foot lot. Each building will contain 6/4-bedroom rental
units, with each b droom having its own bathroom. The units are to be rented
on a per-bedroom b sis at $275.00 per month; tenants will share kitchen and
living room areas. There will be 30 off-street parking spaces but no garages.
The development wi 1 be entirely financed with private funds; Mr. Helgesen
is seeking an allo ation of low income housing tax credits from the City of
Saint Paul.
As a point of information, the Housing Division of the Department of Planning
and Economic Deve opment administrates the reservation and allocation of low
income housing ta credits within the city. The tax credit program, in
conjunction with ther City lending programs, has proven to be a successful
combination to cr ate new rental housing developments such as Greenbrier Glen.
Normally, the nei hborhood community council is given an opportunity to review
and make recommen ations on a proposed housing development because to date,
all tax credit pr gram developments have involved direct City financing,
requiring approva by the Housing and Redevelopment Authori'ty of the City
of Saint Paul, wh ch in turn requires review by the District Council. Mr.
Helgesen, has deci ed not to pursue City financing; therefo�'e, according to
the City's proced ral manual for the allocation of low income housing tax
credits, Mr. Helg sen does not have to seek approval of his developrnent
by the District 2 Council. Given the fact that Mr. Helg.esen complies with
all requirements f the procedural manual for low income housing tax credits,
we are legally bo nd to allocate tax credits to his proposed development.
Congress has acte to extend the tax credit program, but with several changes.
Once we have had n opportunity to analyze the changes, we will be proposing a
number of changes to the procedural manual which must be approved by the
Housing and Redev lopment Authority.
. � � 9� -���� ;�
�:
T0: Mr. Ken John.son
Project Director
7nw InCCme Housing Tax Credit Program
St. Paul Dept. of Planning ar�d Econanic Development
1400 City Hall Annex
25 West 4Zh. St.
St. Paul, Minnesota 55102 228-3200
FE�NI: Richard Helgeson'� ;
13516 Clinton Place
Burnsville, PZinnesota 55337 435-898�
DATE: Oct. 31, 1988
SUBJ: Application for Ir�w Income Tax Credits for a qualified SRO
proj ect (Zta�rbuildings wi.th 24 SRO units �n each building)
to be constructed at the SW Corner of Magnolia and Barclay
in St. Paul, Minn.
Tax credit requested is $36,630.00 per builcling.
APPIS(�'I�I FOR BUILDIl�TG # 1 of 2 BUIIaIN6.
; , ."/� '����"f
THE PRQ7�7C.'T
y,Te propose to tru,ct and c�perate 48 SRO living Lmits (two buildings of
24 SRO units ea ) on a large, pztiperly zoned lot at the carner of Magrr�lia
and Barclay in . Paul, Mi.nn.
Each SRO �it 11 have its own private full bath, private doorbell, ar�d
large bedroan. However, four S1�fJ units will sh�re a oamvn kitchen arx�l
eating area. laurr3�y �.Iuilxre��t wi.11 be pravided in the �;1r3ira.
Zhe vwnes will y far all utilities irbcluding heat, lights, Water, sewer
and garbage. private phone line will be provided for each SI� unit.
Each SRU unit '11 be furnished with a bed arid a dresser. In acklition the
shared kitchen area will be car�letely furnished with all kitchen appLiances,
including a mi ve aven, pots, parLS and dishes, dining roan set and private
food stArage s ce for each person. The building will b� air conditiorbed.
D�
Single rocen could be the greatest single ur�net h�using need in the
nation t�oday. Nbst cities, including St. Paul, are not allawing the developm�nt
of new rocanin houses and the constsvction of efficiency ap�-ar�trrents is too
expensive to rent out for the price of the SRlJ units. Many people, including
th� working r ar�d scme senior citizens, need the econccny of the SRO units
and appre�ia the opportunity far car�panionship provided through this living
option.
Little is be' g done on a large scale professional basis tA meet this dramatic
housing need, Fiousing expests irr3icate that Minneapolis and St. Paul alone
could use ttx� of SRO units as downtc�z developm�x�t in both cities has
a]srost wiped t the entire stock of single roccn livinq options. Little has
beP.n done to �lace this lost housing.
ZY�is project 'll be the Cadillac of the industry as w� will pravide
large , private baths, arr3 air cor�ditioning in a new facility
that is safe, clean and afforadable.
Richard and nnie Helgeson will mai�age this proj ect. Zhe Helgesons have
extensive ience in the real estate field. They have aaned and operated
apartrnent p 'es in low incare neighborl�oods for the past 15 years. In
addition, y currently operate twr� SRO projects in Nlpls. and St. Paul. These
projects ar sucxessful a�ri fully occ.-�xpied. Connie Helgeson will be directly
responsible for the day-to--day manage�rn�t of the proj�ct.
�'v-/�s�
. . :�--
CITY OF SAINT PAUL
INTERDEP/1R7MENTAL MEMOR/1NDUM
Date: J ly 30, 1990
To: B b Kessler, License Division
W ndy Lane, Building Inspection and Design
C uck McGuire, Planning
P t Fish, Fire Prevention
G ry Pechmann, Health
D n Crotty, Councilmember Dimond's Office �
From: J n Southard, License Intern
RE: R ominghouse definitions
Here is som information on the roominghouse concerns we discussed
at the July 17th meeting. I have attempted to discuss the problem
with an ey toward the basis for change as wel]� as how the changes
shou2d be ade.
As follows is a suggested Matrix of Characteri�tics to clarify the
existing d finitions.
Roomi Un't -- Each unit characterized by;
Separ te lease for periods of longer than 1 week
Lock n door operated by a separate key
Elect ical meter
Telev'sion/cable TV jack
Separ te mailbox/room number on address
Separ te telephone line/phone number
Sepa ate bed/sheets provided
Room r should have access to all areas o� his/her unit
Dwel 'n unit
Cook'ng and eating area
Sink with hot and cold running water
Refr gerator
Stov
Cabi et
Coun er area
Toil t/bath/shower
Su e 'sed unit
Pers nal care provided
� �� _ ,���1
This matrix addresses the abuse of "roominghouse" and related
definitions by the Helgeson complex. The inconsistency we
discussed tween the Zoning and Building defiz�itions are due to
differing " welling unit" definitio�s s given below. CIn addition
to the vagu ness of "rooming unit'�, �he Helegeson case will use "
this incons stency�lto their advantage by declaring that they are
supplying 1 dwelli�ng units rather than 48 rooming units.
e IIn t 'n't'ons
u' din an usin
Dwelling -- Building occupied exclusively for residence purposes
and having not more than 2 apartments, or ' as a boarding or
roominqhous serving not more than 5 persons with meals or sleeping
accommodati ns or both. ' �
Dwelling IIn't shall mean a room or group of rooms located within a
residence uilding and forming a single habitable unit with
facilities hich are used for living, sleeping, �cooking and eating.
Licensina - no definitions
Zoninc
Dwelling, e-family -- A building designed exclusively for or used
exclusivel by one family in one dwelling unit.
��ie�ling, ultiple-family -- 5 or more families living independent
of each ot er in individual dwelling units.
Similar de initions for Dwelling, two-family, ;three-family, four-
family.
Dwelling it -- A building or portion thereof, designed for
occupancy y one family for residential purposes used or intended
to be used for living, sleeping, and cooking br eating purposes.
I think t e question of which definition w,e want to honor is
separate t ough related to the Helegeson question. Which dwelling
unit defin'tion is chosen will greatly effect those renting in the
City along with the neighborhoods where these houses are located.
Some effe s to consider are: '
1) T e availability of housing. Considering the nationwide
h using crisis and the growing problem in Twin Cities,
s ouldn't we be encouraging as many units of housing as
p ssible to be provided?
2) C st of housing. Those who rent in roominghouses are
u ually students and low-income renters. Landlords may
t e advantage of being able to lease to individuals rather
an having to rent as a unit.
�v-/�i5s
. �
3) Adva tages to landlords. With the size of the average
fami y shrinking, it may be easier to find 4 individuals
seek ng rentals than to find one large family.
4) Disa vantages to neiqhbors. Short-term �enters may lead to
beha ior and maintenance problems. Parking problems may
res lt from more adults occupying a building.
If we decide to adopt the Zoning definitions, the question of what
constitutes a "family" remains to be resolved. One compromise
might be to llow 4 unrelated perscns to sign one lease which would
solve the ost problem but would be less convenient for some
renters and would have varyinq effects on noi�e and maintenance
concerns. s it possible the latter concerns �ould be dealt with
on an indiv dual basis through nu_isance complaints? �
I think I h ve raised more questions than I have answered so it's
important t at we all attend the ne}rt meeting on Wednesday, August
8 at 2:OOp in the PED conference room on the lOth floor of the
City Annex. Please note the date change from ;what we originally
set and cal with any questions or conflicts.
�c � Joti� � 9u1
k,.:s �� n I�Drr
ZONING FiLE aO163
�'U-/!5�
STATEMENT OF IiISTF;ICT � GQMMUMITY COUhICIL
to tl-�e E�OARIi OF ZOhiING AF'F'F'EALS
AUGUST 7, 1'390
FILE #90-163 — HELGESON — E�AFCLAY—MAGt�IOLIA PR�JECT
The ��roposed Esar-cla� /Ma nolia development is a roomin f�ou=� �nd �•�IGI_�1G� be �e�ired t�
mE�t all raamin hou e standards and re uirements
1. City codes dis inguish between "dwelling units, " wr�i�r� are complete f�ousE� c��
apartment<�, and "ro ming units, " wr�i�n have shared batfiraom f�cilitiesr sf�ared k.itcF��!-�
facilities, or batF� TI-�is i=_� a 4:ey distinction in tf�e present appeal. Tf�e developer
ignores or blurs tt�'s distinction by refe�ring only ta "living units", a term wr�ic��
does nc,t appear in ny city ordanance. If tt�e definitions in' tf�e code ar-e used, a� i�
recommended in tf�e taff report, then Esarclay/Magr�olia has "r,00ming ��nits" and it a
raaminghou5e.
2. TI-�is project 's a roomingt�ou�e because tF�� owner must r�nt the t�uilding a�
"roorr�" ratr�er tl-�a as "apartmznt�. " He t�as na choiCe in th� matter. If dn; part of
thE buildiny were � be rented as a four-bedraom apartment, h�e would bE in jeoperd;• of
lo�ing eligibility for the low incom� housing ta;: crcdit� which are needcd to fin�r�re
thi� development. He would incur �uch jeopardy because rer�t for a faur bedr-oom unit
would be far above tF�e ma;:imum rert permitted for low incame r�ausing.
3. HE also has l �ttle ar no choice �ut to rer,t the buildin,g as rooms r�ther tt�s;� as
apartmer,ts be�au�e of th�� physical de�ign of tf�e building. fir�t, a� the staff report
points out, the el ctrical ser-vice proposed is a�,propr-iate for- a roomingF�ou�_e �iit not
for an apartrr�er�t building, Wr�i�r� would require separatt ser�ice for- eacf� apartment
plus one for com�r� r� areas. It he attcmpt� to rent apartment� rathe�r �hun r�o�m_:, he
w�uld he in vivla ian of �ity cod�� regardinq utility serviee. Secondly, th�= ar�hi-
tectc.iral de�igr� m kes it I-�igl-�ly imp�r-actic�l tc, rer�t the building as apar-tment�. T!-�e
t�a1��r-ac�ms Gpen on y into a single t�edroom. Fo�_�r bathr�aoR�s in a four bedroorr unit, and
the absence of �n� co�na�on "li�:�ir�g raom" area rr�ake� it clear that tt�ese unit� wil'
n��.er Ge r-ented a apartments.
4. Saying, as t �e developer doe�, that bECausE his prope�rtie� at 1��64 �tarcha:.l and
1�J7^o Ashland have not beEn challengedY th�rEfor-e the Ba�clay/!"agnolia develGpment
shauld bE permitt d, mis�es the point. At the e;:isting buildings, Helg�son ha1 ar�
OF'TION to rent th units as either apartment� or rooms. Neitl-�er tt��e financial nor the
pl-:�sical design constraints that wa�ld be built into E�arclay;hlagnolia apparently a're
present ir� tf�e o f�er two lo�ations. Just becduse tf�e ��ty r�ds may I-�ave �nade mist�E.e�
ir; inter-pretatio or enfarcedment of it's code with respec� ta one property dae� not
invalidat� tt�e c de. In a building wF�ere an awner has an option to rent as apartment
or roorr�, proof o violations can be difficult ta obtain. That does not mean tr�ere is
no possiblE viol tian.
5. One further "definitional" point must be made. TI-�e developer- argues that, as
long as more tha four persons do not share � k.itchen, the roomingf�ouse requirement��
do not ap�ly, no matter t�ow many rooms in � building are b�ing rented. B��t to say
tl-�at the code do s not apply to an entire building is to defeat t!-�e f�ealtt� and safet}'
purposes of tF�� ade, sir�ce r�Edltr� and safety considerations rise witf� the number- of
unrElated persons inhabitir�g such a building. The "five or more" rooms being the
threshold at Wr���r� a lic�ense i� needed i� intended to provide dn e::emption and same
relief for� very small operat�rs, sucl-� as an �lderly person� ar cau�les whose c!-�i2drt:�
ur e grown ar�d w�o "rent c�ut an e;:tra bedroom to augrr�er�t a mode�t f i:�;ed incoa�e. T�
adopt tf�e devel per-'s int�rpretation wc,uld e::empt nat anly thE person wt�o rents o��';: a
room ir� their �� me, but wuuld also e::�mpt many larye-scale roomingl-�ouse operator��.
Such an interpr tation is unreasonat�le and should be rejected.
SENT BY� , � 8- 7-90 �10�40AM ; . 8122861563� �+���SS �2a�� �
.
. ZONING FILE qO--
.
Rep. Randy C. Kel y �1�111�1@S4�A
Diatrict 67A House of
Rameey COUnty - �1�$C11uc�V�:3
RaD�n Van�sk,BpMk�r
CMAIlt,�UDICIMY COMMIT7'�!
COMMIIT!!i:JUDI IAAY,CRIMINAL JUSTICE CIVISION;TAXEB;LABOR-MANA3EMENT REU►T�ONB;INBURANOE �
August 7, 1990
St. Paul Bo�rd f Ioning Appeals
� Dennis Osborn� hair �
c/o Mervin Bunn 11
St. Paul Planni g nnd Economic Development �
25 W. 4th St. ,
St. Pau1 , MN 5 102
RE: Barclay/Ma nolid Single Room Occupancy Appeal
Denr Mr. Osborn dnd Boa�rd Members: �
I understand th t on Au9ust 7 you wi11 hear an administrative appea�l regarding
the above named pro�ect. The developers seek to overturn the Zoning Administrator's
determination t at the developmQnt would be a roominghous�, and �s such
would be requir d to obtaln a zaning permit and a, business license.
It is clear to � that this development is a roominghouse rather than two
apartment build ngs. 'the developer has stated an intent �to r�nt by the
room rather tha by the apartmant; this must be done in order to maintain
eligibility for the low income housing tax credits needed�� to fin�nc� the
pro�ect. '
In addition, th design of the buildings is conducive onVy to roominghouse
rather than apa tment use� with such features as Dathroomis accessiblQ only
to bedrooms� li ing space within the bedrooms ra�ther thnn as conmon area�
and sepnrate s vices a�nd storage far each bedroom rather than each apartment.
IL wauld. be ve costly at some time in the future to conv�rt thQS� buildin9s
to standard fo r-bedroom apartments, sa in a11 1ikelihood they will always
be rented ms r oms.
There arQ conc rns about this develapment on grounds other than its roominghouse
status, and th se concerns should receive a hearing a1so. However. on the
speciflc issue before you now� the facts appear to me to be unequivocal .
I urge you to e�ect the appeal and to require the development to meet roominghouse
standards end eguirements.
Sincerely�
t� . ' 1
Rnndy C. elly
� State Representative
District 67A
1a30 David 8t.,St.Paul,Minn U 66119 (61�)77Z-1114
8t�t�Oflics Suildinp,8t.PAUI, innaotR 65155 (Q12)2A6-4�77
Hows Fax te1?�Z�1583
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=��.-�y� ZONlNG FiLE °-163
.
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o�r�
;
WARREN W. SCHABER
BOARD OF RAMSEY COUNTY COMMISSIONERS
D(STRICT 6 - EASTS[DE
TONI BAKER 316 COURT HOUSE
ASSISTANT TO COMMISSIONER ST.PAUL,MINNESOTA 55102
612-298•4145
Auqust 7 , 1990
Board of Zoning Appeals
c/o Mr. Marvin Bunnell '
1100 City Ha 1 Annex
St. Paul , Mi nesota 55102
Dear Members of the Board of Zoning Appeals: �
I believe that the appeal before you today is a purely
administrati e one and one which must be made on the merits of
the argumen s which have been set before you. I have read
Mr . Gasterla d' s June 7, 1990 , letter to the HeYgeson' s and I not
only agree ith his conclusions; but am most �mpressed with the
logical proc ss used to derive them.
Ramsey Count is much concerned about the need ?to provide quality
housing for all income groups . Both sinqle room occupancy and
roomfng hous units are needed. But they must be located in areas
properly zo ed. From the County' s perspectlive they are best
located in communities which are not already overburdened by
great number of people with special needs.
I believe M . Helgeson should be encouraged to, look elsewhere in
the County or a location which would serve both his prospective
renters and the surrounding community. I do not believe that the
area of Magn lia and Barclay is that location.
Sincerely,
.�'%���v
Warren W. Sc aber
Ramsey Count Commissioner
Eastside - District #6
WWS/pjk
cc. District 2 Community Council
Council an Goswitz
Connie nd Richard Helgeson
«�.
�.
.. � �'o -/���
,-
ZONING FILE �- �3
August 2 , 990
Board of Z ning Appeals
25 West Fo rth St .
St . Paul , N 55102
Zoning Fil No. 90-163 '
Zoning Fil Name Richard Helqeson
i
Dear Sir:
We are wr' ting in regard to the appeal by Richard Helgeson to
change the proposed rooming house from two 6 unit to two 24 unit
rooming ho ses .
Please vot NO.
We purchas d the Birch Glen Apartments at 1456 E. Magnolia in
July of 1 88 . We have worked hard to ke�p it a safe, clean,
secure ho for our 35 tenants , many of whom have lived on the
East side 11 of their lives and are now reti�red and plan to stay
on the Eas side for their retirement years . Many of them signed
the petition against the rooming house foll�owing the meeting at
Manginis t is past winter. They feel they have worked hard all
their life and want their neighborhood t,o be one of a higher
caliber t an what a forty-eight unit roominq house would bring.
Two six u it rooming houses is going to be bad enough!
Please vo e NO. �
We have een told by some of our long terrn tenants that if the
forty-eig t unit rooming house is approved they will leave the
area. T is will be a sad day for the East �side to lose some of
it 's long term, stable residents who have been the backbone, the
character, the culture and provided stabilitp to the East side in
the past . Don' t vote out stability for the E�st side.
Please vo e N0.
Sincerely
�� �
D & B Pro erties
(Dick and Bev Lachenmayer)
/V �/ /�/
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2169 STILLWATER AVENUE
ST. PAUL. MINNESOTA 55119
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WE, TNE UNDERSIGNED, PPOSE THE NEIJ 48 U�dIT SIPJGLE I;O�M OCCUPANCY (SP,O) DEVELOPMENT
PROPOSED BY RICHARD H LGESON AT TNE COR(vER OF BARCL�Y /1��D h1P,GN01_IA ON SAINT PAUL'S
EAST SIDE. WE ASK OU ELECTED APJD APPOINTED OFFICT:�aLS TO PEJFCT FEDERAL LOW INCOME
TAX CREDITS AND ANY O HER SUBSIDIES, f�FRMIT� OR r�f�PROVn�S NEFDFD FOR THIS PROJECT.
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PLEASE RETURN THIS PETITION TO DIS7RICT 2 COM(�lUN1TY CQt;P1CIL, 2169 STILLWATER AVENUE,
BY FEBRUARY 13, 199 .
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2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
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WE, THE UNDERSIGNED, PPOSE THE IJEW 4£3 UfJIT SINGLE R00�1 OCCUPANCY (SRO) DEVELOPMEN7
PROPOSED BY RICHARD H LGESON AT THE CORNER OF BARCLAY APdD M�GNOLI61 ON SAINT PAUL'S
EAST SIDE. WE ASK OU ELECTED AND APPOINTED OFFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY 0 HER SUBSIDIES, PERMITS OR APPi20VAL5 tJEEDED FOR THIS PROJECT.
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2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
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WE, THE UNOERSIGNED, PPOSE THE NEW nS UtdIT SINGLE ROOh1 OCCUPANCY (SRO) DEVELOPMENY
PROPOSED BY RICHARD H LGESON AT THE CORNER OF BARCLAY 11ND M{1GNOLIA OP� SAINT PAUL'S
EAST SIDE. WE ASK OU ELECTED AND APPOIP�TED OFFICIlILS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY 0 HER SUBSIDIES, PERMITS OR APPROUALS I�IEEDED FOR THIS PROJECT.
NAME (PRINT) ADDRESS PNONE SIGNATURE
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9a-���5
�� ZONING FILE �- «3
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2169 STIL.LWATER AVENUE
ST. PAUL, MINNESOTA 55119
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WE, Trlr UNDERSIGNED, OPPOSE THE NE;d n8 !!NT? SJNGLE R�Or� �rrl1PI�,N�Y !SRO) QEI�ELOPP1EtJ?
PP.OPOSED BY RICHARD ELGESON AT THE CORNCR OF BFIRCLAY AMD t�AGfdQLIA ON SAINT PAUL'S
EAST SIDE. WE ASK 0 R ELECTED APdD APPOINTED O�FICIALS TO REJEGT FEDERAL LOW INCOMiE
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216U STILLWATER AVENUE
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WE, THE UNDERSIGNED, OPPOSE THE NEW 48 UNIT SIPdGLE ROOf�I OCCUPA�JC`f (SRO) DEVEI.OPMENT
PROPOSED BY RICHARD ELGESON AT THE CORNCR �)� BARCLAI' AfdD MAGNCtIA ON SAIiJ� PAUL'S
EAST SIDE. WE ASK 0 R ELECTED AND APPOINTEU OFFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY THER SUBSIDIES, PERMITS OR APPROU!1LS NEEDED FOR THIS PROJECT.
NAME (PRINT) ADDRESS PFiONE SI6NATURE
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WE, THE UNDERSIGNED, PPOSE THE NEGd 48 UNIT SI��GLE kQOff OCCUPAtJ�Y (SRO) DEVELOPMENT
PROPOSED BY RICHARD H LGESON AT THE CORNf-R OF BARCLAY a�lD MAGNOLIA OP� SAINT PAUL'S
EAST SIDE. wE ASK OU ELECTED AND APPOINTED OFFICIALS TO P,EJECT FEDERAL LOW IPICOME
TAX GREDITS AND AN`( 0 HER SUBSIDIES, PERMITS OR APPROV!1LS NEEDED FOR Tf�IS PROJECT.
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PLEASE RETURN THIS PETITION TO DISTRICT 2 COP1f�lUNITY �iF�i1NCIL, 2169 STILLWJ�T^ AYENUE,
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QY FELRUARY 13, ' 19 0. �`1�.-�. C�.-L-�'` 1�<...�.0 �{....��, �'' s:'-Cc.t,t,�/"�,.%.
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Phone: 731-6542
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2169 STILLWATER AVENUE
ST. PAUL, MItJNESOTA 55119
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WE, THE l'NDERSIGNED, OPPOSE THE NEW 48 UNTT SINGLE R��01; OCCUf'/1MCY (SRO) DEVELOPMEfdT
PROPOSED QY RICHARD HELGESON AT THE CORNEP, OF QARCLAY AND t;l1GP�OLIA ON SAINT PAUL'S
EAST SIDE. WE ASK UR .ELECTED APdD APPQIN?ED OFFICIAL� TO REJECT FEDERAL LOIti' INCONE
TAX C�EDI7S AND ANY OTFIER SUBSIDIES, PER1�1IiS 0� APPRO�'A�S t:EEDEU FOR THIS PROJECT.
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PLEASE RETURt� THIS PET1TIOtd TO DISTRICT 2 CO�i'��U�JTTY CC►Ui+CIL, '2169 STIL.L1,'r^,TER AVEtdUE,
QY FEQRUARY 13, 19 0. '
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Phone: 731-6842
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21G9 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
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w'E, THE U'dDERSIGNEJ, OPPOSE THE NEW 48 UP1JT 51��GLE R00'� OCCUPIINCY (SRO) DEVELOPMENT
PROPOSED BY RICHARD ELGESON AT THE CORNER OF B�IRCLAY P,P;D t"AGt:OLIA ON SAINT PAUL'S
EAST SIDE. WE ASK 0 R ELECTED APdD APPOINTED OFFICIALS TO REJECT FEDERAL LOI� INCO�E
TAX CREDITS AND ANY TNER SUBSIDIES, PERMITS OR APPROI'ALS 1lEEDED FOP. THIS PROJECT.
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PLEASE RE7URN THIS PETITIOfd TO DISTRICT 2 CO�it��UNITY CO!�P+�II_ , 2169 STILLWATER AVENUE,
QY FEB�:UARY 13, 19 0.
ZONtNG FILE q- �; J ,��r �
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WE, THE UNDERSIGNED, PPOSE THE NEW 48 UNIT SINGLE R00(� OCCUP/1NCY (SRO) DEVELOPMENT
PROPOSED BY RICHARD H LGESON AT THE CORNER OF QARCLAY AND P�AGNOLIA ON SAINT PAUL'S
EAST SIDE. WE ASK OU ELECTED AND APPOINTED OFFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS ANO ANY 0 HER SUBSIDIES, PERMI�S �:�R APPROVALS NEEDED FOR THIS PROJECT.
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PLEASE RETURN THIS ETITION TO DISTRICT 2 CO��cMUNITY COUNCIL , �2169 STILLWATER AVENUE,
BY FEBRUARY 13, 199 .
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ZONI NG Ff LE �°--�� Phone: 731-6842
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215� STILLWATER AVENUE
ST. PAUL, P,AINNESOTA 55119
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1dE, THE UNDERSIGNED, PPOSE THC NEI•J �4£3 Uf�JI-f S!�dGLE Rcir��1 OCCUPANCY (SP,O) DrUELOPMEN7
PP,OPOSED BY RICHARD H LGESON AT THE CORNER OF B,�RCLIIY �1idD f�!11G�10LIA ON SAINT PAUL 'S
EAST SIDE. WE ASK OU ELECTED AtvD /iPP01NTCD O�FTC111�S 1C� R�J4�CT FFDERAL LOW INCOME
TAX CREDITS AND ANY 0 HER SUBSIDIES, PERMI7S OR APPiZO'�1ALS tdr-EDED FOR THIS PROJECT.
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PLEASE RETURN TNIS PETITION TO DIS�(�cICT ? COf�t��;)iJITY COUiJC1L , Z1h9 STILLWATER AVENUE,
DY FEBRUARY 13, 199 .
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ZONINGFILE q°- � Phone:731-6842
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2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
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WE, THE UNDERSIGNED, PPOSE THE NEW 48 UNIT SINGLE ROOM OCCUPANCY (SRO) DEVELOPMENt
PROPOSED BY RICHARD H LGESON AT T{1E CORNER OF BARCLAY APlD MAGWOLIA ON SAINT PAUL'S
E{1ST SIDE. WE ASK OUR ELECTED AND APPOINTED OFFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY THER SUBSIDIES, PERMITS OR APPROVALS NEED�D FOR THIS PROJECT.
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PLEASE RETURN THI PE7ITION TO DISTRICT 2 COMh1UPdITY COUNCIL, 2169 STILLWATER AVENUE,
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WE, THE UNDERSIGNED, PPOSE THE NEW 48 UNIT SINGLE RJOP1 OCCIIPANCY (SRO) DEVELOPMENT
PROPOSED BY RICHARD H LGESON AT TIiE CORNER OF BARCLAY A�dD MAGtJOLIA ON SAINT PAUL'S
EAST SIDE. WE ASK OU ELECTEO AND APPOI�dTED OFFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY 0 HER SUBSIDIES, PERMITS OR APPROVALS NEEDED FOR THIS PROJECT.
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WE, THE UNDERSIGNED, PPOSE THE NEW 48 UNIT SINGLE ROUM OCCUPANGY (SRO) DEVELOPMEN7
PROPOSED BY RICHARD H LGESON AT THE CORNER OF BA.RCLAY AND MAGNOLIA ON SAINT PAUL'S
EAST SIDE. WE ASK OU ELECTED AND APPOINTED OFFICIALS TO REJEC7 FEDERAL LOW INCOME
1AX CREDITS AND ANY 0 HER SUBSIDIES, PERMITS OR APPROVALS NEEDED FOR THIS PROJECT.
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BY FLBRUARY 13. 1 90. �
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WE, THE UNDERSIGNED, PPOSE THE NEW 48 UNIT SINGLE ROOM OCCUPANCY (SRO) DEVELOPMENT
PROPOSED BY RICHARD H LGESON AT THE CORNER OF QARCLAY ANU MAGN04IA ON SAINT PAUL'S
EAST SIDE. WE ASK OU ELECTED AND APPOINTED OrFICII�LS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY 0 HER SUBSIDIES, PERMITS OR APPROVALS NEEDEb FOR THIS PROJECT.
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PLEAS� RETUP,N TH S PETITION 70 DISTR:CT 2 C0�1MUNI�fY COUNCIL, 2169 STILLWATER AVENUE,
BY FEBRUARY 13, 990.
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IJE, THE UNDERSIGNED, OPPOSE THE NEW 48 UNIT SINGLE ROOM OCCIIPANCY (SRO) DEVELOPMENT
PROPOSED BY RICHARD ELGESON AT TIiE CORNER OF BARCLAY /1��JD t�111GtdOL1A ON SAINT PAUL'S
EAST SIDE. WE ASK 0 R ELECTED AND APPOINTED OFFICIALS TO REJECT FEDERAI LOW INCOME
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PROPOSED BY RICHARD HELGE50 AT TI�E CORNER OF BARCLAY NEEDED FOR THIS PROJECT.
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WE, THE UNDERSIGNED, OP OSE THE NEW 48 UNIT SINGLE ROOM OCCUPANCY� (SRO) DEVELOPMENT
PROPOSED BY RICHARD HEL ESON AT THE CORNER OF BARCIAY 11PJD MIIGWOLI�A ON SAINT PAUL'S
EAST SIDE. WE ASK OUR ELECTED AND APPOINTED OFFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY OT ER SUBSIDIES, PERMITS OR APPROVALS NEEDED FOR THIS PROJECT.
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EiY FEBRUARY 13, 199 . �
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2169 STILLWATER AVENUE
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WE, THE UNDERSIGNED, 0 POSE THE NEW 48 UNIT SINGLE ROOM OCCUPANCY (SRO) DEVELOPMENt
PROPOSED BY RICHARD HE GESON AT TIiE CORNER OF BARCLAY �PlD MI1GtJOLIA ON SAINT PAUL'S
EAST SIDE. WE ASK OUR ELECTED AND APPOINTED OFFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY OT ER SUBSIDIES, PERMITS OR APPROVALS NEEDED! FOR THIS PROJECT.
NAME (PRINT) ADDRESS __
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Z ��� �� �,L E ���6J Phone: 731-6842
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2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
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WE, THE UNDERSIGNED, OPP SE THE NEW 48 UNIT SINGLE ROOt�I OCCUPANCY (SRO) DEVELOPMEN7
PROPOSED BY RICHARD HELG SON AT THE f,L�RNER OF BARCLAY AND MAGNOLIA ON SIIINT PAUL'S
EAST SIDE. WE ASK OUR E D--RNU APPOINTED O�fICIALS Ta REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY OTHE SUBSIDIES, PERMITS OR APP�lOVALS NEEDED FOR THIS PROJECT.
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PLEASE RETURP� THIS PE ITION TO DISTRICT 2 COMMUNITY COUNCIL, 2169 STILLWATER AVENUE,
BY FEQRUARY 13, 1990.
90- r63 �'r�—/`��I`
Z O N i �i G F 1 L E ------ Phone: 731-6842
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2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
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WE, THE UNOERSIGNED, OPP SE THE hEW 48 IINIT SINGLE ROOM OCCUPANCY (SP,O) DEVELOPME�V7
PROPOSED BY RICHARD HELG SON AT THE CORr�EP, OF BARCLnY �ND M1�GfvOLIA ON SAINT PAUL�S
EAST SIDE. WE ASK OUR E ECTED AND APPOINTED OFFICIIILS TO REJECT F�DERAL LOW INCOME
TAX CREDITS AND ANY OTHE SUBSIDIES, PERMITS OR APPROVALS NEEDED F02 THIS PROJECT.
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PLEASE RETUR�� THIS PE ITION TO DISTRICT 2 COt�1MJ�dITY COUNCIL, 21E�9 STILLWATER A4'ENUE,
BY FEBRUARY 13, 1990. �
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Z C3 i�i N G F i L E �= Phone: 731-6842
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2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
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WE, THE UNDERSIGNED, OPP SE THE NE4! 48 UN1T 51NGLE R�Ot�I OCCUPANCY '(SRO) DEVELOPMENT
PROPOSED BY RICHARD NELG SON AT THE CORNER OF BARCLIIY AND MAGNOLIA O�d SAINT PAUL'S
E11ST SIDE. WE ASK OUR E ECTED ANU APPOIhTEC OFFICIIILS TU REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY OTHE SUBSIDIES, PERh1I7S OR APf'ROV�I.S NEEDED FDR THIS PROJECT.
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PLEASE RETURN THIS PE ITION TO DISTRICT 2 CO��IMU^1ITY COUNCIL, 2169 STILLWATER AVENUE,
BY FEBRUARY 13, 1990.
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ZO�1 I N G F I L E ��� Phone: 731-6842
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2169 STIILWATER AVENUE
ST. PAUL, MINNESOTA 55119
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WE, THE UNDERSIGNED, OP OSE THE tJEW 48 UNIT SINGLE ROOM OCCUPANCY' (SRO) DEVELOPMENY
PROPOSED BY RICHARD HEL ESON AT THE CORNER OF BARCLAY AND h1AGNOLIA ON SAIi�T PAUL'S
EAST SIDE. WE ASK OUR LECTED AND APPOINTED OFFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY OT ER SUBSIDIES, PERMITS OR AFPROUALS PJEEDED FOR THtS PROJECT.
NAME (PRINT) ADDRESS PHOtJE SIGNATURE
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PLEASE RETURN TNIS ETITION TO DISTRIf,T 2 COMMUP�ITY COUNCIL, 2169 STILLWATER AVENUE,
BY FEE3RiJARY 13. t99 .
Z�t��NG FILE ��- �63 9���7�5�
-�--�� Phone: 731-6842
���']I�If��� � � N����7�7��[°� �����L7 �� �C�II�
2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
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WE, THE UNDERSIGNED, OP OSE THE NEW 48 UNIT SINGLE ROOM OCCUPANCY (SRO) DEUELOPMEN7
PROPOSED BY RICHARD HEL ESON AT THE CORNER OF BARCLAY AND t�IAGNOLIA OP� SAINT PAUL'S
EAST SIDE. WE ASK OUR LECTED AND APPOINTED OFFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY OTH R SUBSIDIES, PERMITS OR APPROVALS NEEDED FOR THIS PROJECT.
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' PLEASE RETURN THIS P TITION TO DISTRICT 2 COh1MUNITY COUNCIL, 2�169 STILLWATER AVENUE,
BY FEBRUARY 13, 1990.
EB pg 1990 � Z��� �°�G �� LE 9�� ��' s (
Phone: 731-6842
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2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
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WE, THE UNDERSIGNED, OP OSE THE NEW 48 UPJIT SIPIGLE ROOf4 OCCUPANCY (SRO) DEUELOPMENT
PP.OPOSED BY RICHARD HEL ESON AT THE CORPdER OF QARCLIIY /1ND M11G�JOLIA ON SAINT PAUL'S
EAST SIDE. WE ASK OUR LECTEO AND APPOIPJTED OFFICtl11_S TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY OTH R SUBSIDIES, PERh1ITS UR APPROVALS NEEDED FOR THIS PROJECT.
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PLEASE RETURN THIS PE ITION TO DISTRICT 2 COMMUNITY COUNCIL, 2169 STILLWATER AVENUE,
QY FEBRUAP,Y 13, 1990.
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Z����G ���-E —----� Ph one: 731-6842
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2169 STILLWATER AVENUE
ST. PAUL. MINNESOTA 55119
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WE, THE UNDERSIGNED, 0 POSE THE NEW 48 UNIT SINGLE ROOP1 OCCUPANCY (SRO) DEVELOPMENT
PROPOSED BY RICHARD HE GESON AT THE CORNER OF E3/1RCL/1Y nr�o r�nc�NOL1A ON SAINT PAUL'S
E/15T SIDE. WE ASK OUR ELECTED AND APPOINTED OFFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY OT ER SUBSIDIES, PERMITS OR AFPROVI1l.S NEEDED FOR THIS PROJECT.
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PLEASE RETURN THIS PE ITION TO DISTRICT 2 COMMUNITY COUNCIL, 2169 STILLWATER AVENUE,
QY FEBRUARY 13, 1990.
�� � qo-�63 ,.=a �� 9���7`S5'
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Phone: 731-6842
���°II°If�1I�i° � c� N'I[�'II�."I�TII�I`'�� �����J�TtL'�I�_,
2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
,,t�,��
WE, THE UNDERSIGNED, OP OSE THE NEW 48 UNIT SINGLE R�?Ot�1 OCf,UPAPdCY ' (SRO} DEVELOPMENT
PROPOSED BY RICHARD HEL ESON AT TIiE CORNER OF D1!RC�_.'�Y ;1faU h1AGNOLI� ON SAINT PAUL'S
EAST SIDE. WE ASK OUR LECTED AND APP('INTED UFFICI���_S TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY OTH R SUBSIDIES, PERMITS OR APPROVALS NEEDED FOR THIS PROJECT.
NAME (PRINT) ADDRESS PHONE SIGNATURE
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PLEASE RETURN THIS PE ITION TO DISTRICT 2 GOMMUNITY CCUNCII, 2169 STILLWAI�ER AVENUE,
BY FEBRUARY 13, 1990.
�'v-��s�
�������� �� �� 9O I6 Phone: 731-6842
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2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
,�,�
WE, THE UNDERSIGNED, OP OSE THE NEW 48 UP�IT SINGLE ROOM OCCUPANCY (SRO) DEVELOPMEN?
PROPOSED BY RICHARD HEL ESON AT THE CORPlER OF BARCLAY AND MAGNOLIA ON SAINT PAUL'S
EAST SIDE. WE ASK OUR LECTED AND APPOIP�TED �7FFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY OTH R SUBSIDIES, PERMITS OR APPROVALS NEEDED FOR THIS PROJECT.
NAME (PRINT) ADORESS PHONE SIGNATURE
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PROPOSED BY RICHARD HEL ESON AT Tf�E CORWER OF QARCLAY AND MAGNOLIA ON SAINT PAUL'S
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2169 STILLWATER AVENUE
S1. PA!��, ti11NNESOTA 55119
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I�JF . TFIE UNrERSiG�!ED, OP OSE THE I�EW �l�i U�IT SINGLE ROOr1 OCCU�'/1tdC.Y (SRO) DEVEI_OPP�IENT �
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Fn�,T S1[;E. !JE �SK OUR LEfTED AND J1PPt)IP�TFD OFFICil1l_� 10 Rf-,�`r.T FEDERP,L LObJ INr,OME
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PLFIISE RETUR�J THIS P TITIO�d TO UISTRICT 2 Cl:'h?MUPJI (Y CL1l1NCIL. 2109 STII.LWAT�R AVE!•lUE,
[�Y FEBRI!ARY 13, 1990.
ZOt�� NG FILE 9—=� �phen����2
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WE, THE UNDERSIGNED, OPP SE THE NEW 48 UNIT SINGLE R00�•1 OCCUPANCY (SRO) DEUE!OPMEN7
PROPOSED BY RICHARD HELG SON AT THE CORNER OF BARCLAY AND M1IGNOLIA' ON SAINT PAUL'S
EAST SIDE. WE ASK OUR E ECTED AND APPOINTFD OFFICIALS TO REJECT FEDERAL LOW INCGME •
TAX CREDITS AND ANY OTHE SUBSIDIES, PERMITS OR APPROVALS PJEEDED FbR THIS PROJECT.
NAME (PRINT) ADDRESS PHOPdE SIGNATURE
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WE, THE UNDERSIGNED, OP OSE THE NEW 48 UNIT SINGLE P.00M OCCUPANCY (SRO) DEVELOPMENT
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EAST SIDE. WE ASK OUR LECTED AND APPOINTED OFFICIALS TO REJECT �EDERAL LOW INCOME
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EAST SIDE. WE ASK OUR E ECTED AND APPOINI �) UFFICl/',LS TO REJECT FEDERAL LOW INCOME
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PLEASE RETURN THIS PE ITION TO DISTRICT 2 GCMMUNITY COUNCIL, 2169 STILLWATER AVENUE,
BY FEBRUARY 13, 1990.
ZOt�iNG FILE ��— �6� Phone: 731-6842
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2169 STILLWATER AVENUE
ST. PAUL, PJIINNESOTA 55119
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WE, THE UPJDERSIGNED, OPP SE THE NEW 4� UNIT SIfJGLE RGOt�t OCCUPP�NCY (SRO) DEUELOPMENT
PROPOSED BY RICHARD HELGESON AT '(HE CORP;ER OF BARCLl�Y 11tJD Ml1GPdOLIA ON SAINT PAUL'S
EAST SIDE. WE ASK OUR ELECTED AND APPOIPJTED OFFI�I1�1.� TO REJf.CT FEDFRAL ��W INCOME
TAX CREDITS AND ANY OTHE SUBSIDIES, PCi;MITS OR AF'PROVALS IdEEDED FOR T{iIS PP.OJECT.
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PLEASE RETURN THIS PETI ION TO DISIRICT 'L CUMMUI�ITY COU�!��IL, 216° STILLWATER AVENUE,
BY FEE3RUARY 13, 1990.
zo�v��� Fi�E �— : �� ���6s
� Phone: 731-6842
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����If���"� � � �1�'�:��II'II��Y� �'��L7���'1[1I�,
2169 STILLWATER AVENUE
ST. PAUL, MINNESOTA 55119
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WE, THE UNDERSIGNED, OPP SE THE NEW 48 UNIT SINGLE P.00M OCCUPANCY (SRO) DEUELOPMENT
PROPOSED BY RICHARD HELG SON AT THE CORNCR OF BARCLAY AtJD MAGPdOLIA ON SAINT PAUL'S
EAST SIDE. WE ASK OUR E ECTED AND APPOINTED OFFICIALS TO REJECT FEDERAL LOW INCOME
TAX CREDITS AND ANY OTHE SUBSIDIES, PERMITS OR APPROVALS NEEDED FOR THIS PROJECT.
NAME (PRINT) ADDRESS PI�ONE SIGNATURE
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PLEASE RETURN THIS PETIT ON T4 DISTRICT 2 COMMUNITY COUNCIL, 2169 STILLWATER AVENUE, �
QY FEBRUARY 13, 1990.
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APPL'CANT � � LEGEND
� e�I �� zoning distr'ict boundary
PUHP�SE_�� _
��LE#_ �� �Z DA E 7'���q0 � subjed property ""�oR��
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PLNG. DIST 2 MA # �S o one family • • ^ commercial
�� ¢ Mro famiN • �� industrial
�CALE �� = 25�' rS�n multiele familv V vacant
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� S . PAUL CITY COUNCIL y�-� %�f
P BI.IC HEARING NOTICE
ZONING
�����UFo
s�p°���
C,, o
TO: Property Own rs within 350' ; F�'�,E N Q. � 92
Representati es of Planning District 2;
Richard Helg son PAGE
�
PURPOSE
Appeal fr.om the Determination of the �oard of Zoning Appeals
which upheld the Decision of the Zoning Administrator that
the applicant's proposed project constitutes two 24 unit
rooming houses instead of two 6 unit apartment buildings.
LOCATION
Southwest corner of Magnolia & Barclay
�
P E T I T 10 N E R RICHARD HELGESON
H E A R I N G Thursday, September 13, 1990 9��00 A.M.
Citv Council Chambers, 3rd Floor Cfty all - Court House
Q U E S T 10 N S Zoning Please call Marv Bunnell (228-3368)
Contact the Zoning Section of the Plan ing and Economic
Development Department, Room 1101, Cit�y Hall Annex,
25 W. 4th Street, St. Paul, Minnesota 55102
�
Notice sent 9/4/ 0
;