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89-707 WHITE - CITV CLERK PINK - FINANCE CO�IIICll �//� CAN`ARV - DEPARTMENT GITY OF SA T PALTL File NO• �� D• BLUE -AMIVOR Council e lution � � Presented By • � Referred To Committee: Date Out of Committee By Date Whereas, Park II Development Group, �nsisting of Roger Vik and Dick Schoen , made application to the P1 nning Commission for a Special Condition Use Permit under t e provisions of section 60 .413 ( 12) of the Saint Paul Zaning Code f r the purpose of allowing a six-unit cluster housing developmen o property located at 2389 , 23s1 � �g`�� , ��g5 , 2397 and 2399 Com on ealth Avenue, legally described as Lots 6 , 7 , � and 9 , ex ep the south 27 feet, Block 4' , St. �nthony Rark North ; and Whereas, Following a public hear n conducted by the Zoning Committee , with notice tc affected pr perty owners , the Planning Commission , by its resolution numb r 9-5 , adopted February 10 , � gII9 , approved the issuance cf the S ecia�i Condition Use Permit subject to the ten conditions, as e forth in said resolution; and Whe�e�s , °ursuant to the provis o s of the Zoning Code, Vernon and Mabel Rut*an , on behalf of th ms lves and other neighbqrs, filed w;th the City �ler4�, their a p 1 from the determination made by the Planning Commission in the m ttar , requesting that a hearing be held before the City Council f r the purpose af considering the actions by said Commission , alle in as a part of said appeal that the Commissior f�ad �rroneously f il d to consider the density of the proposed development, that t e ommission incorrectly found that the �esign cf the proposed nits is compatible with the surrounding neighborhood and tha pproval of the proposed development by District 12 was ai ted with impropriety ; and Whereas, Acting pursuant to S c ions 64. 205 through 64. 208 of the Zonirg Code, and upon notice to a ellants, the applicants, and ather affected property owners , p blic hearings were duly conducted by the Cit� Council or April 6 n April 11 , 1983 , and all interested parties were given n pportunity to� be heard; and COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond i.ong [n Fa or Goswitz Rettman B Scheibel _ Agai t Y Sonnen Wilson Form Approve y City Attorney � Adopted by Council: Date i Cerlified Passed by Council Secretary By ,, Bs, `� / Approved by 1Aavor. Date Approv�d b�Mayor for Submission to Council \,% By By . . . . �� Whereas, The Council , having e rd the statements made, and having considered the applicati n, the report of staff, the minutes of the Zoning Committee, the P1 nn 'ng Commission resolution, and the evidence presented at the C un il 's hearings, does hereby Resolve, The Council of the it of Saint Paul does hereby find and determine that the Planning C mission did commit error in approving the application for S e ial Condition Use Permit for the proposed six-unit cluster housi g development, based upon the following findings made by this C uncil : 1 ) The Planning Commission fo nd that the proposed 6-unit cluster development was comp tible with the surrounding neighborhood in that the pro o ed development was similar in both mass and size to the ab t ing houses, that the architecture of the surround 'n neighborhood is a mixture of traditional and modern style , with several houses incorporating the garage as ajor feature of the front facade. 2 ) In this case the fact ha there is a great deal of opposition from the neighbo ho d is evidence that the proposed development is not compatib e ith the surrounding neighborhood, and the Counc 1 o finds. The Council finds that "compatibility" , as us d in the Zoning Code, refers to "What do the neighbors thin ? Do the neighbors think that the proposed cluster developmen is compatible?" 3) The proposed 6-unit cl s er development would increase the number of multi-family w lling units on the block about 30 percent, as the neighbo o d is already developed as a single family district, an t erefore this is further evidence of the incompatibility of he proposal . 4) Density- the lots in hi case are large and the developer can fit more uni s nto them then is the case of the average lots in the neighb rh od, but density in this neighborhood is different r other neighborhoods. 5 ) Other viable uses exi t for these lots, as they can be developed as single family d ellings and therefore be more compatible with the adjace t neighborhood . Further Resolved, That th C uncil of the City of Saint Paul does hereby grant the appeal of V r on and Mabel Ruttan , the decision of the Planning Commission in t i case be and is hereby reversed, and the application for Special o dition Use Permit for a 6-unit cluster development is hereb enied; and be it �NHITE - CITY CLERK CANARV - D€P RCTMENT GITY OF INT PAUL COIIQCIl ��J�j� 'A/ BLUE - MAVOR File NO. •"� � �" or Council esolution Presented By Referred To Committee: Date Out of Committee By Date Further resalved, That the Ci y lerk shall mail a copy af this resolution to Vernon and Mabel t an , Park II Development Group, the Planning C�mmission and to he Zoning Administrator. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Long In F or Goswitz Rettman 0 ��;� Agai st BY -.sona�+ Wilson Adopted by Council: Date APR 2 5 Form Approve by ity Attorney � Certified Yas Council re BY- � By � �;• ��, Approved 1AaWor: e _ Approv�d by,�Nlayor for Subm�ssion to Council ` � �-= g l.// gy Y � PUBIlSiiE� ��1 qY - � 1 89 ��``�v �P"�`""E"�'° �'�""a` ��, �"'�' " GREEN SHEET 16 5 2 � NO. INITIAUDATE � CONTACT E 8 PHO EPARTMENT DIRECTOR CITY COUNdL � � ATTOHNEY CLERK MU8T 8E ON NqL AQENDA BY(DAT� Ra1TN�Ki BUDQET DIRECTOR �F�N.d M�T.SERViCEB DIR• MAYOR(OR A8818TAN� ❑ TOTAL#�OF SI NATURE PAQE$ (CLIP AL L TION$FOR SI�iNATUR� ACTIONREQUESTED:SG�� /I^ - � � �l��T/Il�I��v t"��i � j �� /I� RECOAitMENDATIONS:MP►aro(W u►R�eCt(f� COU L MITTEEIRE8EIIRCH REPORT OPTIONAL �� PHONE WO. _PLANNINCi OOMMISSION CIV/IL!S�ERVICE COMMISSION _q8 OOMMITTEE ��efi�� E _STAFF — _DISTRiCT COIIRT — S PPO WHjCIj n,� �y�/! INI'TIATIN ,133UE,OPPORTUN (Who,Whaf,Whsn,Whsre� Y). � ef'0��1 J�� d..��,I � ��c;a I rUK�l:T��c,�v G(./'-p r.a: n / 'T C�W/'Te�- �ww,/Q/��w��d`_ �J 1"aY� � "�w.��w,t r a- t�' (.��.i ��RKK1K(' C�M'��/1�'I�t.v — o�-tvTu�-,�,�1 a�c�r;v w o `` � t�.�a�� ti•. /�l � /, //, /t�'f "� ADVANTAQE3 IF APPROVED: t.�J��1 � C��.IJ/�1yi � ��i��, DISADVANTAOES IF APPROVED: � SI�(% DI8ADVANTA(9ES IF NOT APPROVED: � � �D� ,,,o�t" �'�l► �////�p' • , ��v._ -_.: , _- �, wh , �.�� thj8 l .i',i t�j D�� at �p�o TOTAL AMOUNT OF TRANSACTIO a COST/REVENUE BUDOETED(qRCLE 0 ___ �Iqre FjNqN FUNDINO SOURCE ACTIVITY NUMBER�� A/r/�4 FlNANCIAL INFORMATION:(EXPWN) a�9$dg �/ng�pd \ ' � � . NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE t�REEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). ROUTING ORDER: Below are preferred routings for the flve most frequent types of documenta: CONTRACTS (assumes suthorized COUNCIL RESOLUTION (Amend, BdgtsJ budget exists) Accept. Grants) 1. Outside Agency 1. Department Director 2. Inftiating Department 2. Budget Director 3. City Attomey 3. City Attomey 4. Mayor 4. Mayor/Assistant 5. Finance&Mgmt SYcs. Director 5. Ciry Council 6. Finance Accounting 6. Chief Axountant, Fin&Mgmt Svcs. ADMINISTRATiVE ORDER (Budget COUNCIL RESOLUTION (all others) Revision) and ORDINANCE 1. Activity Manager 1. Initiating Department Director 2. Department Accountant 2. Cfty Attorney 3. Department Director 3. MayoNAssistant 4. Budget Director 4. Gty Councll 5. City Clerk 8. Chief Accountant, Fin &Mgmt Svcs. ADMINISTRATIVE ORDERS (all others) 1. Inftiating Department 2. City Attomey 3. MayoNAsaistant 4. Gty Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and reli each of these pages. ACTION REQUESTED Deacribe what the projecUrequest aeeks to aa�:omplish in either chronologi- cal oMer or order of importance,whichever is most appropriate for the issue. Do not write complete sente�ces. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. I SUPPORTS WHICN COUNCIL OBJECTIVE? ', Indicate which Council objective(s)your projecUrequest supports by tisting ' the key word(s)(HOUSING, RECREATION, NEI(iHBORHOODS, ECONOMIC DEVELOPMENT, I BUDGET, SEWER SEPARATION).(SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) I ��COUNCIL CAMMITTEElRESEARCH REPORT-OPTIONAL AS REQUESTED BY COUNCIL NITIATIN(3 PROBLEM, ISSUE, OPFORTUNITY plain the sltuation or conditfons that created a need fo�your project r request. VANTAGES IF APPROVED icate whether this is simply an annuai budget procedure required by Iaw/ rter or whether there are speciflc wa in which the City of Saint Paul its citizens will bene�it from this pro�action. DVANTAGES IF APPROVED t negative effects or major changes to existing or past processes might ro)ecUrequest produce if it is passed(e.g.,traffic delays, noise, creases or assessments)?To Whom?When?For how long? VANTA(3ES IF NOT APPROVED ill be the negative conaequences if the promised action is not ? Inability to deliver service?Continued high treffic, noise, t rate? Loss of�evenue? IAL IMPACT you must tailor the information you provide here to the issue you ssing, in general you must answer two questions: How much is it ost?Who is going to pay? ' r. `� f R��``TY °'°;. CITY OF SAINT PAUL � - a DEPARTMEN O PLANNING AND ECONOMIC DEVELOPMENT � ;��j °� � DIVISION OF PLANNING ,� ^c m 25 West Fourth Streey Saint Paul,Minnesota 55102 ,,,. 612-228-3270 GEORGE LATIMER MAYOR March 31, 1989 Albert Olson, City Clerk Room 386, City Hall Saint Paul, MN 55102 RE: Zoning File #10443 - Verno a Mabel Ruttan City Council Hearing: Apri 6 1989 PURPOSE: To �neal a decisio of the Planning Commission which granted a special condition use permit o ark II Development Group to construct a 6-unit cluster housing development t 89-2399 Commonwealth Avenue. PLANNING COI�Il�IISSION DECISIO : prove (13-3) ZONING COMMITTEE DECISION: A rove (5-1) STAFF RECOMMENDATION: Ap ro e SUPPORT: District 12 se t etter in support of the development. OPPOSITION: Four perso s estified at the public hearing; ten letters and a petition with 37 signa r received. Dear Sir: On October 13 and 27 1 8 and January 19, 1989, the Zoning Committee of the Planning Commission el a public hearing on this special condition use permit request. The petit on r testified. At the close of the public hearings, the Committee voted 5 1 to approve the permit based on staff findings and subject to 10 addi io al conditions. On February 10, 1 89 the Planning Commission upheld the Zoning Committee's/ recommendation o 1 to 3 vote. The Planning Co i sion decision is being appealed to the City Council by adjacent proper y wners, Mabel and Vernon Ruttan, 2381 Commonwealth. T' Ruttan's are a pe ing the decision based on the grounds enumerated in ' A. " This app al is scheduled to be heard by the City Council on Apri' 1989. Please no ify me by April 5, 1989 if any member of the City Co� wishes to ha s ides of the site presented at the public hearing. Sincerely, r�X.� �" Lisa J. Fr es Planner I IJF:rm Attachme ts ■ i LIST OF ATTACHMENTS (FILE #I0443) Page Appeal Application 1 Application Support Materials (E i it "A") 2 Planning Commission Resolution 5 Minutes of Zoning Committee, 2/2 89 10 Minutes of Zoning Committee, 1/1 /8 12 Minutes of Zoning Committee, 10/ 7/ 8 15 Minutes of Zoning Committee, 10/ 3/ 8 16 Staff Report lg Special Condition Use Permit Ap li ation, (File #10368) 21 Application Support Materials 22 Correspondence Received 40 Site Plan, Alternative 1 59 Site Plan, Alternative 2 (Approved by Planni g ommission) 60 Building Elevations 61 Unit Floor Plans 63 Landscape Plan 65 Location Maps 66 Land Use Map (g APPLICATION FOR APPEAL ZONING OFFICE USE ONLY CITY OF SAIN' PAUL i ` l File # ICL�`�� R�CEIVED RECEIV A lication Fee $ q� �U 1�� PP MAR 11989 Tentative Hearing Date 3-c,� 3" fS ZONING ZONIN Application 'is hereby made for an Appe 1 the Ci Cour�cil under the provisions of Chapter 64, Se ti n 206 , of the oning Code to appeal a decision made by the oar of oning Appeals �. x la ning Commission on oc — �Q , 19�y Zo 'ng Administrator (date of decision) P1 nning Administrator 0 er A. APPELLANT Name Vernon and Nlabel Rut Daytime phone 644-9570 Address 2381 G�wealth Zip Code 55108 *on behalf of _ ar�d oth�r nei.yhb�rs B. DECISION BEING APPEALED Zoning file name �� Zoning File # 10368 Property Address/Location 2 9-2399 Oa�tmnw�alth Legal description Iats 6 7 8 and I,�t 9 St. P C. GROUNDS FOR APPEAL (Use ad itional sheets if necessary.) (Explain why you feel he e has been an error in any requirement, permit, decisi� or refusal made by an dm nistrative official, or an error in fact, procedure o��d�,�9 made by the Board of on ' g Appeals or the Planning Commission. ) See bchibit A at . � � \ � � � \ If you have any qu sti ns, please contact: � A plicant's si� St. Paul Zon ' g ffice 1100 City Ha 1 nnex ��e ��1�� 25 West Fou h treet �P� Saint Paul, Mi nesota 55102 Date (298-4154) � 1 � ��' ��'� , , Exhibit A To be attached to Application f r Appeal relating to Schoen/Vik Zoninq File, Zoninq File No. 0 68 C. GROUNDS FOR APPEAL l. The Plannin om ission erroneousl failed to con- sider the densit of the ro os d develo ment. We start with the zoning code itself: The R-1 through R- ne-Family Residential Districts are designed to be t e most restrictive of the residen- tial districts. e intent is to provide for an environment of r do inantl low-densit one-famil detached dwellin a ong with other residentially related facilitie w ich serve the residents in the districts. Ordinances § 60.411 (emphas s added) . Zoning ordinances are designed to protect the int g ity of neighborhoods and, in this case, the values that the it has seen in the detached single- family dwellings referred o n the ordinance. As the suburbs have shown us all too well, a neighborhood composed of detached single-family dwellings is th most likely to attract a stable base of residents interest d 'n maintaining their dwellings and becoming personally active i their communities. The proposed dev 1 pment would set three two-family dwellings - in essence, du 1 xes -- in the midst of a neighbor- hood that is dominated by e ached single-family homes. Approxi- mately 13� of the houses 'n he area surrounding the development are multi-family. In rec nt years, two buildings have converted from duplexes to single-f mi y dwellings, and (to our knowledge) none have converted from i le-family dwellings to duplexes. The proposed project defi s hat trend. Completion of the pro- ject would increase the p r entage of multi-family dwellings on this block of Commonwealt venue from 11% to 33%. 2 . The Plann'n Commission incorrectl found that the desi n of the ro osed u it is com atible with the surroundin neighborhood. The desig s or the project show buildings far larger than any others i t e vicinity of the development -- with the possible exception o structure owned by Mr. Vik at 2411- 2417 Commonwealth.� The st eet is dominated by small single- 1 Mr. Vik has operat d his structure for some years as a duplex in violatio o the City Zoning Code. We understand that Mr. Vik is no a tempting to obtain permission to con- tinue that usage f 11 wing recent City action to require compliance. � Z - ��, � � � , � family dwellings, many of the o e-story. The proposed buildings are 2 stories high, have base en s that are substantially above grade and are dominated by la ge garages that obscure their appearance from the front. T es buildings will, we believe, dominate the street -- in an nf vorable fashion. 3 . A roval of th ro osed develo ment b District 12 was tainted with im ro rie The Housing Committee of the District 12 Community Council v ted at its meeting on August 24 , 1988 to recommend that the f 11 Community Council approve this development. That recommend i n was followed by the Community Council, and the Community C un il 's support of the development was, in turn, noted by the C'ty Zoning Committee and Planning Commission in approving the ev lopment. The approval of this development by District 12 , ho gh, was tainted by a conflict of interest and by inadequate n ti e to the neighbors of this devel- opment. First, and most se i usly, the minutes of the August 24, 1988 Housing Committee m e ing reflect that Steve Townley, a real estate agent for Knudse ealty, was present at that meeting as an ad hoc member. One o t e developers, Mr. Schoen, has informed neighbors that Mr. o nley is to be the real estate agent representing Messrs. ch en and Vik in the sale of the units in this development. To the best of our knowledge, Mr. Townley never disclosed to he Housing Committee that he had a personal financial interest in this development. Indeed, the minutes of that meeting eve s ate that Mr. Townley seconded the motion to support this deve o ent. At the very least, Mr. Townley's presence on the C m ittee as a voting but partisan presence on this issue tain s the Housing Committee' s decision -- and, by extension, the deci i ns of the District 12 Community Council, the Zoning Commit e and the Planning Commission -- with the appearance of impropri y Second, we are d ep y disturbed that the meeting of the Housing Committee on Augus 2 , 1988 and the meeting of the full Community Council on Septe be 7 , 1988 were each held with no prior notice to neighbors bo t the development. whether or not such notice is a requireme t f District 12 procedure, it is troubling that a project o is size and nature could be approved without such noti e. This concern is exacerbated by the fact that Mr. Schoen appar n ly indicated to the Housing Com- mittee in that first meeti g that he had consulted with neighbors and that they were generally favorable towards the development. (This statement is not re le ted in the minutes. However, at least one member of the H us ng Committee has stated that her ciear impression from tha m eting was that the developers had consulted with the neighb rs and won their approval . ) - 3 - -2- � � Following a neighbor o d outcry, the Housing Committee and the full Community Council w re asked to rescind their ear- lier votes in favor of this d e opment. Both bodies voted against rescission. However, e recognize the embarrassment that any body faces in reversing i s wn prior decisions. Accor- dingly, it is our firm belief th t this development would not have won approval by the Plan in Commission if the District 12 Housing Committee had not ini ia ly recommended support for the development. The cloud of im r riety over that initial recom- mendation constitutes an erro f procedure over the City' s entire process of approving t i development. Accordingly, we implore the City Council to r v rse the decision of the Planning Commission in this matter. y - -3- �-� city of'saint paul P�nning commission resolu . file number 89-5 ��e February 10, 1989 iJHEREAS, Park II Development Group - Ro er ik/Dick Schoen, file #10368, has applied for a Special Condition Use Permit unde t e Saint Paul Legislative Code, for the pu o e of�allowing�a sixtunit6c�luster2housinhe development on property located at 2389 2 91, 2393, 2395, 2397, and 2399 Commonwealth Avenue, legally descrfbed s g south 27 feet, Block 41, St. ts 6, 7 and 8 and Lot 9, except the Anthony P k orth; and WHEREAS, the Zoning Committee of the P 8 January 19, 1989� held a public hearin a whichmallspersonsOpresentlwere9givennan requir mentstofbSection 64r300noftthea ai t Paul pplication in accordance with the Legislative Code; and WHEREAS, Saint Paul Planning Commissio , ased on the evidence presented to its Zoning Committee at the public hearin as substantially reflected in the minutes, made the following findings of fact: 1• The applicant, Park II Development Gr u _ cluster townhouse development cons st ng�ofrthrees �oconstruct a six-unit unit will have three bedrooms and a � �it buildings. Each floor area, plus a two_car attach d arage accessed5vianCommornaea thre feet of intends to sell the units individ 1 Park II y at the market rate. 2. A cluster development is permitte i the R-3 zoning district subject to ei ht conditions; these conditions and he applicant's ability to meet them are as follows: (a) There sha11 be a mtnfmum of o lts. There are six units in the p po ed development. (b) The units sha11 be attached co intruding on the vertical ai sp cenof8any othereuri�ilp, with no unit The two units in each of the th ee structures will be attached at a common side wall and no unit will i t de on the vertical sirspace of the other unit. ( ontinued) mo" _."' by ��, , a�d � HIRTE . in fav�or__�_ against_ - S- " - MINUTES OF THE ZO ING COMMITTEE � 'CITY COUNCIL CHAMBERS, SAINT P UL MINNESOTA ON FEBRUARY 2, 1989 PRESENT Mmes. Hirte, Morton, Tracy an Zieman; Messrs. Christenson and Repke of the Zoning Commit ee Mr. Segal, Assistant City Attorney; Ms. Lane of the Building I sp ction and Design Division; Ms. Freese, Ms. Murray and Mr. So erholm of the Planning Division staff. ABSENT: Messrs. Levy and Neid* *Excused The meeting was chaired by Gladys Mo to , Chairman. ark evelo me t Grou ck Sc o V # 03 A Special Condition Use Review to allow a six un t cluster housing development. The applicant was present. Ms. Morton asked the Committee for is ussion of the Park II draft resolution with the added conditions. The pub ic hearing was not reopened. Ms. Freese enumerated and clarifie s eral draft resolution conditions regarding covenants and maintenanc a reements; phased construction; and a letter of credit. She called atte ti n to condition number eight and said that the intent would be to have c ns ruction occur in the following order: 2397-2399 Commonwealth, second at 39 -2395 Commonwealth and third at 2389-2391 Commonwealth. She asked th t the Committee discuss and make decisions on the draft resolution o hat staff can revise the conditions accordingly. Mr. Segal asked Ms. Lane if the b il ing code requires that all construction work is to be accomplished by a c ty licensed general contractor. Ms. Lane responded that the proposed const uc ion project would require a city licensed contractor. Ms. Morton requested Committee di cu sion on the ten conditions in the draft x+�solutions. Mr. Repke stated t t he resolution incorporates conditions that are in the best mutual inte es of the neighborhood and the city. Ms. Hirte stated her concern reg rd' g the proposed phased schedule of construction. Ms. Freese said t at condition number nine to some extent addresses the phasing of constru ti n. Mr. Segal advised the Committee of building permit, building code r qu rements and control of private _ development. Ms. Lane pointed o t hat a separate building permit is required for each structure. Committee and staff discussion 1 wed regarding building permits, phasing or scheduling, completion of const c ion and enforcement of the code. Mr. Christenson suggested that im limits be set for the start of construction on each of the bui di gs; that a building permit be obtained for the first building within one y ar by May 1, 1990; and building permits for any further buildings by May 1, 19 1. 1� File #10368 Page Two � � Ms. Tracy asked if the rationale for t e onditions regarding timing and phasing of the project were to address th neighbors' concerns that the buildings would be left in an unfinish d tate. She also stated that she was still opposed to this proposal because of its scale and density. Mr. Repke moved to recommend approval of the Special Condition Use Permit based on staff report findings two an t ree and subject to the ten conditions as revised and enumerated in the Plan in Commission resolution. Mr. Christenson offered a friendly amendn nt that the building permit must be secured for the structure at 2397-239 C mmonwealth within one year after the issuance of the Special Condition Us P it or by May 1, 1990, whichever date is later. Mr. Repke accepted the fr en y amendment. Mr. Christenson seconded the motion which passed on v ice vote of 5-1 (Tracy) . Submitted by: Approved by: 0�.,� ��¢� �/G�,� ;-�, ��c�1� �i��yl Lisa Freese Gladys Morton, Chairman � � I'� MINUTES OF THE ZO ING COl4IITTEE ' �CITY COUNCIL CHAMBERS, SAINT P , MINNESOTA ON JANUARY 19, 1989 PRESENT: Mmes. Hirte, Morton, Tracy n Zieman; Messrs. Christenson, Levy, Neid and Repke of the Zoni g ommittee; Mr. Segal, Assistant City Attorney; Ms. Lane of the ui ding Inspection and Design Division; Ms. Drummond, Ms. Freese, s, Murray and Mr. Soderholm of the Planning Division staff. �: None. The meeting was chaired by Gladys Mo to , Chairman. ev ou e V ck S e # 68 : A Special Condition Use Permit for property lo at d at 2389-2399 Commonwealth Avenue to allow a six-unit cluster housing de lo ment. The applicant was present; there wa o osition present at the hearing. Ms. Freese stated that the initial ub ic hearing was held on October 13� 1988� and laid ovar to October 27, 98 , when the applicant asked for a layover to the January meeting in o de to allow time to meet with the District 12 Council and to sub�it m re detailed plans for the design of the cluster housing development. She s i that the present design shows that the height of the buildings has been 1 e d and that the side yards have been increased in size. Ms. Freese sta ed hat the initial staff report was _ revised to recommend two additiona c ditions of approval and to present information regarding a "zoning enf rc ment action pending on property located at 2411-2417 Commonwealth, a duple o ed by Roger Vik. Ms. Freese reported that that action has no bearing on th present case because whether or not the property remains as a single faail h me or as a duplex, there is adequate lot area and lot frontage to be able s lit a portion and provide sufficient space for the potential developse t. Ms. Morton requested that the pub ic hearing be reopened because of new information provided by the appli an . Mr. Christenson so moved; Ms. Zieman seconded the motion which carried on a unanimous voice vote. " Ms. Tracy requested information t e staff reco�endation for a one-driveway configuration per structure. �s. F ese responded that the developer is showing two individual driverrays pe structure and that staff is reco�ending that there be one driveway per s ru ture to be shared between the two units so that yard area is increased and he number of curb cuts into the street is � reduced. Dick Schoen, 2376 Commonwealth e e� showed sketch and study models, of the proposed cluster development. s id that he preferred that the cluster units be constructed with singl d veways rather than shared driveways. Mr. Schoen said that he spoke with e Public Works Department about tha location of utilities and that those co ec ions would be placed in the driveway between the two units and that e e could be no planting over that area. He � , �� File �10368 , Page 1�vo � � reported that there are no sidewal s n Co�onwealth at present and that Public Works projects that it will be at least seven years before any sidewalks are added. Mr. Schoen s at d that it would be very easy to put in single driveways at present, but i a sidewalk is planned for the future, the driveway grade would have to be ad us ed accordingly. He showed where revisions were made to the floor p an of the units; he described the lowered eave line and pitch of the roof re ul ing in a lowered building height of approximately five and one-half fe t; and said that the exterior would be "Rough Rider" one-and-one-quarter nc -lap cedar or redwood siding. Mr. Schoen noted that egress windows, it a sill height of 44 inches, were planned for the basement in order o ccommodate any future use of that area for bedroom space. Mr. Christenson inquired whether o n t there had been a meeting with District 12. Mr. Schoen responde th t there have been three informal com�ittee meetings which resulted n he size of the buildings being changed and the lowering of the roofs. . Mr. Soderholm asked for clarifica io on the number of driveways planned and how the question of the sidewalks e tes to driveway placement. Mr. Schoen displayed his diagram with a plan in area between driveways, and the potential placement of public sid a s. He said that there is over 25 feet between the property line and the ga age. Mr. Christenson asked about the w dt of the area between the unit driveways_ and about on-street parking betwe n he driveways. Mr. Schoen replied that their present plan shows approx te y 26 feet between driveways and the driveways are about 32 feet with an caping in between. Committee discussion followed regarding landscaping� p ac ment of the driveways, on-street and driveway parking and how the numb r f curb-cuts would affect on-street parking. Mr. Schoen added that i i his understanding that the appearance of the development would be improved if there is only one driveway between units and addressed committee concerns eg rding landscaping. Bill Slettom, 2358 Gordon Place, ep esenting an informal coalition of hoaeowners in the vicinity of the pr posed Schoen/Vik development; distributed an informational four-page doc�e t nd read it into the record. He requested that if the development is approv d� consideration be given to their ten recommendations. lis. Zienan asked about the reques e six- to eight-foot privacy fence. Air. Slettoa said that the fence woul o truct the view of cluster buildings for hoseowners to the rear of the de 1 ment. Iir. Soderhol� asked which reco tions have been satisfied by the revised plan. Mr. Slettom replied that e eight was addressed and that it appears that the exposure of the basenen 1 el is minimized. Vern Ruttan� 2381 Commonwealth A en e, stated that he was particularly � concerned about the height of th b ildings and the privacy issue. Mr. Schoen addreased concerns re ar ing grade level, height of buildings, and the size of the proposed units. '�� File #10368 Page Three Mr. Christenson asked if this develo e had any one unifying feature and how a cluster development could be disti gu shed from three separate duplexes. Mr. Schoen said that a cluster devel pm nt is a permitted use in the R-3 zoning district, that there will be h meowners' association formed to address issues regarding maintenance p rking, etc. He stated that the construction of a basement rental un t ith a separate outside entrance would be impossible due to the design of e its. He added that Roger Vik will not be in the homeowners' associati cept as a property owner. Ms. Zieaaan asked if Mr. Schoen coul g along with the recommendations made by the homeowners' coalition. Mr. Sch en had questions about the privacy fence and suggested a partial fence or a te fence with coniferous trees to fill the void and suggested speaking abo t he issue with the im�olved property owners. He explained plans detaili g asement elevations and grading. Hearing no further testimony, l�s, or on closed the public portion of the meeting. , lrir. Repke moved to reco�end appro al of the Special Condition Use Permit based on staff findings 2 and 3 s je t to the conditions listed in the staff report. Ms. Zieman seconded the ti n. Ms. Zieman made a friendly amendm t to include with the approval conditions the ten recommendations fron the nf rmal coalition of homeowners in the _ vicinity of the proposed Park II v lopment and that the matter of the fence be negotiated between the abuttin s deline neighbors and the developer. Mr. Repke accepted the friendly eaen en . Ms. Tracy said that she would no ' s port approval because of incompatibility with the surrounding neighborhoo , o much mass, and placement of driveways. Ms. Hirte agreed with Ms. Tracy nd added her concern regarding the potential development of basement units, r. Levy stated his agreement with previous remarks and his support of denia d e to lot size, massiveness of homes and the long driveways. Ms. Lane reported building code e irements regarding fence heights. The motion passed on a roll cal v te of 5-3 (Tracy, Hirte, Levy) . Committee menbers agreed with oderholm's suggestion that the application be laid over until February 2, 98 , to allow staff adequate time to draft and incorporate the additional cond ti ns in the resolution. Submitted by: Approved by: � ��. � . / �'evQ-� Lisa Freese _ Gladys M rton, Chairman � ' �� , , MINUTES OF THE 0 NG COMMITTEE CITY COUNCIL CHAMBERS, SAINT PA L, MINNESOTA ON OCTOBER 27, 1988 PRESENT: Mmes. Hirte, Morton and Zie a ; Messrs. Christenson, Levy, Neid and Repke of the Zoning Commit e; Mr. Segal, Assistant City Attorney; Ms. Lane of the Building I sp ction and Design Division; Ms. Freese, Ms. Pound, Mr. Rya a d Mr. Soderholm of the Planning Division staff. ABSENT: Ms. Tracy. The meeting was chaired by Gladys Mo to , Chairman. P rk Develo ment Grou - Ro er Vik ck Schoen # 0368 : A Special Condition Use Permit for property located at 2 89 2391, 2393, 2395, 2397, and 2399 Commonwealth Avenue to allow a six-u it cluster housing development. Ms. Morton announced that the appli n requested a layover until the first meeting in January in order to cont nu working with the neighborhood and to revise the plans. Mr. Repke made a motion to layover nt 1 the first meeting in January. Ms. Hirte seconded the motion which pas ed on a unanimous voice vote. Submitted by: Approved by: �� // � � �'�.l-Z+C.� �. -L � � ��'��'��' /� �� , � Lisa Freese � � Gladys Morton, Chairman _ � � .� , � MINUTES OF TH Z NING COI�iITTEE CITY COUNCIL CHAMBERS, SAINT A , MINNESOTA ON OCTOBER 13, 1988 PRESENT: Mmes. Hirte, Morton, Trac a d Zieman; Messrs. Christenson, Levy, and Repke of the Zoning C mm ttee; Mr. Segal, Assistant City Attorney; Mr. Hardwick of th Building Inspection and Design Division; Ms. Freese, Mr. Gr chala, Ms. Murray and Mr. Soderholm of the Planning Division st f. ABSENT: Mr. Neid* *Excused. The meeting was chaired by Gladys rt n, Chairman. v o e # A Special Condition Use Permit for property oc ted at 2389, 2391, 2393, 2395, 2397� and 2399 Commorn�ealth Avenue to allow s x-unit cluster housing development. The applicant was present; there w s pposition present at the hearing. Ms. Freese showed slides of the s e nd reviewed the staff report with a recommendation for approval. She a that District 12 sent a letter in support but also requested a two ee delay so that the neighbors could meet with the developer. Dick Schoen, 2376 Commonwealth, s id that he and Roger Vik have owned the property proposed for the cluster de elopment since 1979. He displayed diagrams showing site plans and f oo plans for the development. Mr. Christenson asked if all uni i the cluster would be constructed at the same time and whether or not the s would have the same exterior materials. Mr. Schoen responded that they w ul like to break ground this fall, build two units, and construct the remaini g our during spring, 1989; exterior materials used for the paired un ts would be of a low maintenance type such as stucco or redwood. Mr. Schoen s id that the homes would be sold as individual units. Mr. Christenson stated t at he is concerned that the cluster development have a unified exter or appearance. Mr. Christenson asked how long p it is valid. Ms. Freese stated that it is one year but that the applic t an request an extension. Mr. Hardwick added that if construction is h lt d for 180 days, then the permit becomes invalid. Mr. Christenson asked if a single building permit would be required. Mr. Hardwick replied that it de en s on how plans are submitted by the applicant. Mr. Segal stated th t f there is concern regarding length of time, it is possible to issue t re separate permits. Mr. Schoen stated that he will apply for one permit at a ime. Bill Slettom, 2358 Gordon Plac , quested a layover in order to reach a compromise acceptable to the a pl cant and neighbors. He stated his concerns about density, said that the a ea is overwhelmingly single family homes and that the trend is to unduplex. ' 16- File #10368 Page Two Marilyn Ruttan, 2381 Commonwealth, de cribed the district council meeting at which a petition in opposition si ed by 36 families was submitted. She requested a delay and reconsiderat o of the permit because of the area's density, incompatibility with nei bo ing homes, the design and environmental concerns. Carol Klein, 19 Hillside Court, s at her opposition due to the safety of St. Anthony Park elementary school ch ld en being endangered, because the owner would be an absentee landlord, an b cause of the planned construction time frame and price. Wanda Lorentzen, 2331 Gordon Aven e, said that she was not opposed to development on the site but asked fo a delay so that area residents could meet to consider the time frame o c nstruction. Hearing no further testimony, Ms. Mo ton closed the public portion of the meeting. Mr. Schoen replied to concerns o ar a residents. Mr. Christenson asked about the o ess of replatting process. Mr. Schoen responded that the land has been su eyed but not replatted and that he is not familiar with the city's plattin p cess. Mr. Christenson questioned the proposed market price of the uni s. Mr. Schoen stated that a realtor advised that the units would market at a pr ximately $150,000. Mr. Christenson stated that he p ef rs to see a more specific and comprehensive site plan for the ut ide appearance of the units, including landscaping, how one unit relate t another in terms of maintenance, upkeep, etc. , and a time schedule for co pl tion. He said that presently there are too many open-ended things about th cluster development and would agree to a layover. Ms. Zieman made a motion to reco e d layover to October 27, 1988 to allow the applicant to meet with District o cil 12 and to submit more detailed plans for the design of the cluster h si g development. Mr. Christenson seconded the motion which passed on a un i us voice vote. Submitted by: Approved by: f? ��4_ �. �-� /I � �� i � � �/ ��-?�� j�� .�/�� 6�.i� / Lisa Freese ' Gladys Mditon, Chairman �� , � ZONING COI�Il�iI TE STAFF REPORT FILE #10368 1. APPLICANT: Park II Development Gro p DATE OF HEARING: 1/16/89 Roger Vik/Dick Schoen 2. CLASSIFICATION: Special Condition se Permit 3. LOCATION: 2389, 2391, 2393, 2395, 39 , and 2399 Commonwealth Avenue (West side between Hillside and Gordon) 4. PLANNING DISTRICT: 12 5. LEGAL DESCRIPTION: Lots 6, 7 and 8 an Lot 9, except the south 27 feet; Block 41, St. Anthony Park North 6. PRESENT ZONING: R-3 ONING CODE REFERENCE: 60.413(12) 7. STAFF INVESTIGATION AND REPORT: D TE 10/6/88 BY: Lisa J. Freese R VI ED: 1/11/89 _ � _�� A. PURPOSE: To allow a six-unit clus er housing development. B. PARCEL SIZE: The site has 174' of fr ntage along Commonwealth and an average depth of approximately 153' . The ot 1 lot area of the site, including half the width of the alley, is 37,808 squa e eet. C. EXISTING LAND USE: The site is va an . D. SURROUNDING LAND USE: North, East, South and West: One- a two-family residential. E. ZONING HISTORY: Prior to 1975, t e roperty was zoned "A" residential. F. ZONING ENFORCEMENT HISTORY: Pres nt y a residential structure exists on Lot 10 and the south portion of Lot 9 wh ch is owned by Mr. Vik. The applicants plan to replat the north portion of Lo 9 and include it in this proposed cluster development. The developers have in icated that this structure at 2411-2417 Commonwealth is Ueing used as a d pl x which is not a permitted use in the R-3 zoning district. At the Planning Di ision's request, the Zoning Administrators office investigated this property an determined that it was not a legal nonconforming duplex. Mr. Vik ha b en served notice of this determination and he has told staff that he intends to file a nonconforming use permit application for 2411-2417 Comraonwealth. Acco di g to the notice, Mr. Vik has until February 1, 1989 to either file a plication or remove the unit. G. FINDINGS: 1. The applicant, Park II Developme t oup, proposes to construct a six-unit cluster townhouse development co si ting of three, two-unit buildings. Each unit will have three bedrooms an r ge between 1,650 and 2,200 square feet of floor area, plus a two-car attac ed garage accessed via Commonwealth. Park II intends to sell the units indivi ua ly at the market rate. � t�� % ��7 File #10368 Page Two � 2. A cluster development is permitted e R-3 zoning district subject to eight conditions; these conditions and th a licant's ability tS meet them are as follows: (a) There sha11 be a minimum of two ni s. There are six units in the prop se development. (b) The units sha11 be attached, co wa11, single farnily, with no unit intruding on the vertical airsp ce of any other unit. The two units in each of the th ee structures will be attached at a common side wall and no unit will intr de on the vertical sirspace of the other unit. (c) The parcel shall meet the 1ot re required per unit in the zoning district. The R-3 district requires a mi im lot size of 6,000 square feet, so a 36,000 square foot lot area wo ld be required for six units. The site in question is of ample size with a otal lot area of 37,808 square feet. (d) The parcel sha11 have a mini f ontage of 80 feet on an improved street. The parcel has 174' of fronta o Commonwealth Avenue, an improved street. (e) The structure sha11 conform t t scheduZe of regulations for height, Zot coverage, setbacks and parkin . The proposed structures confo o the schedule of regulations for height, lot coverage and setbacks. e ff-street parking requirement for a six-unit development is nine pa es. The site plan shows an attached, two-car garage for each unit, ex eeding the parking requirement by .5 spaces per unit or a total of three pa es. (f) The design sha11 be compatib 'th the surrounding neighborhood. The proposed development is im lar in both mass and size to the abutting houses. The architecture of th immediate neighborhood is a mixture of traditional and modern style , ith several houses incorporating the garage as a ma�or feature of the fr nt facade. (g) Individual Zots, buildings, tr et and parking areas sha11 be designed and situated to minimize alterat'on of the natural festures and topography. The split level walk-up sty construction is designed to accommodate the varied topography of the si e. Only a minimal amount of excavation will be required. The site has ver 1'ttle existing vegetation with coverage confined primarily to the n rt ern quarter of the site and mainly consisting of scrub brush and trees. e proposed landscape plan would be a significant improvement ove t e existing vegetation. '�� File #10368 Pag,e Thr�e (h) Applications for cluster develo me t sha11 include site plans, including landscaping and eZevations and th r information the PZanning Commission may request. A site plan was submitted with he application with a landscaping plan and elevations. It meets all site 1 standards except that the Traffic Engineer has recommended that e be one driveway per structure instead of one per unit (See Site Plan - lt rnative 2) . Also, it will be necessary for th applicant to replat the site. All subdivision applications requi e eview and approval of the City Council. 3. The Saint Paul Comprehensive Plan en ourages alternatives to detached single family design. This cluster hous ng proposal provides such an alternative while not increasing the density of the ar a or changing the nature of the area. The proposal meets the housing object ve of the District 13 Plan by providing opportunities for home ownership nd providing an alternative housing type to the district housing stock. H. STAFF RECOMMENDATION: Based on s af findings 2 and 3, staff recommends approval of the Special Conditio Us Permit subject to the following conditions: 1. The provisions of the subdivi io ordinance shall be met; and 2. A revised site plan showing e riveway configuration per structure and exterior building treatment d color specifications shall be submitted and approved by the Planning Div si n. �D _ � �%�- �� APPLICATION FOR SPECIAL CONDITION US ' CITY' OF SAINT PAUL ZONING OFFICE USE ONLY File �� L7 3�$ Application Fee $ Tentative Hearing Date 9'�S�S8" Number of Lots or Size of Parcel: Ca �� = 3'18o g � ' , Application is hereby made for a Special Con tio Use Permit under the provisions of Chapter 60.400 , Section 413 , ar graph (12) , of the Zoning Code toz�per�ea A. APPLICANT Dick Schoen and ge Vik 612-646-3869 Name Phone (Daytime) 612-644-5907 Address 2376 manonwealth Ave. t . Paul Mn. Zip 55108 Property interest of Applicant (Owner, on ract purchaser, etc.) Owner Name of owner (if different) B. PROPERTY DESCRIPTION 2389,239 , 393,2395,2397, 2399 Address/Location Commonwe 1 h Ave. St . Paul Mn. 55108 Legal Description: Lots 6,7,8& lo k 41 Add. St . Anthony Park North Ramse County,Mn. except t outh 27 ft . of Lot 9 thereof . Present Zoning g3 t ize 6160 Sq. Ft . C. SPECIAL CONDITIONS Explain how you will meet each of the ial Conditions. Attach supporting materials (diagrams, site plan, letters of support et .) See Attached � If you have any questions, please contact: R EC E i V E D Saint Paul Zoning Office 1100 City Hall Annex 25 West Fourth Street AUG 2 21988 Saint Paul, Minnesota 55102 4102 (298-4154) ZONING 1/1/82 Z' PARK II A Six Unit Cluster Dev 1 ment Paired Sin le Family s' dences � CLUSTER ZONING RERUIREMENTS 6 .4 3 ( 12) Page 24 ( a) There shall be a minimum, Tw (2) units (b) The units attached, common al , single family, no unit intruding on the vertical space of anoth r nit . ( c) The parcel shall meet the o area required for R3 zoning district . Park II Development has over 6,1 0 square feet per unit which exceeds required 6, 000 square feet . (d) The parcel shall have a m' i um frontage of 80 ft . on an im- proved street . Park II Development has 174 f . rontage on Commonwealth. (e) The structure s}�all �confo m o "Schedule of Regulations" for height , lot coverage , setback d parking. Maximum height = 30 ft .= Mean l vel fin . grade C? exterior wall to average height between eave a d ridge. Park II Development is 26 ft . 6 in. Lot Coverage = 30°� Lot area varies from 6179 t 6 91 square feet . � Park II Development building ar as include a two car garage. Unit Address u' lding Area Lot Percent Designation Number r und Floor Area Coverage A 2389 8. 3 6179 29. 8 B 2391 6 3 6247 26. 9 C 2393 18 3 6362 28.9 D 2395 16 3 639T 26.4 E 2397 18 3 6353 29. 1 F 2399 16 3 6276 26.8 Setbacks = 25 feet front ya d nd rear yard and side yard of mini- mum 4 feet with total of 12 f et for two sideyards . Park II Development has : 25 f et front yard Ov r 25 feet rear yard (42 feet to 55 feet) Mi i um 8 ft . sideyard ( 8 ft . to 12 ft . typical) Parking = 1� offstreet par in per unit . Park II Development has tw (2 enclosed garage space�s per unit . _ ZZ _ �' �'" �� '� Page 2 , CLUSTER ZONING REQUIRE TS (continued) (f) The design shall be compat 'b e with the surrounding neighbor hood. Park II Development parcel has n improved alley. Units have street facing garages typical of resi e ces on adjoining sites. Roof slopes and building heigh re similar to adjoining buildings. Exterior design and materials p raded from adjoining buildings . Site when purchased by �resent o ers was zoned RT-1 two-family. There. are many two-family. residences in the immediate neighborhood and several single family conversi ns with more than one family unit . The units are attached with a o on wall between garages and main buiTding of two units and by f nc � and arbor entrance enclosures between pairs of units. The r ma' ning side yards and rear yards are open space typical of single am' ly residences . Much of the landscaping will b m ture planting when installed. (g) Individual lots , buildings , s reets, and parking areas shall be designed and situated to minim'ze alteration of the natural features and topography . Park IY Development has the ga ag s facing Commonwealth Ave. since alley right of way is at top o t e hill and not improved. All other properties adjoining all yw y have garage entrance to street . Garages are partially below gr de with residential structure half level up and attached at north a 1 . Existing slopes will be graded stabilized with plantings. Exist- ing trash trees will be remove a d replaced with landscaping as indicated on the planting sched 1 . - Z�- PARK II , A Six Unit C1ustEr Dev lo ment Y Paired Sin le Famil R si ences CONCEPT Cluster Development Pr gr Outline SITE Parcel to be platted to six(6) pp oximately equal lots with 29 ft . frontage on Commonwealth Ave . , r ezoidal shaped approximately 46 feet @ rear lot line with 48 fe t center line of alley. Lots are 150 feet to 157 feet deep plus n additional 10 feet of one-half of the alley . ThE lot are�as are v r 6150 sq. ft . each , which includes one-half alley as permitted in a culation of area - 63 . 104 , page 94 zoning code . Each lot to have single family o e with pairs joined at zero lot line common wall and pairs sep a e� by landscaped courts and fence on lot line between pairs of u it . The result will .be similar to side by side RT-1 two-family r si ential . Each single family unit will have a separate lot with ro t , one side and rear yard. BUILDINGS Garages will be 20 feet by 20 ee for two vehicles per residence . Garage will be partially below gr de. An interior and an exterior stair will require only 7 or 8 ri ers to reach the main living level , half level above the garage. A ypical solution of garage and base- ment on same level would requi e full story height stairwaq and basement living space below gr d . ) Main level will be entered one h lf story above gara.ge level at an on grade distinctive entrance a io to interior foyer. The foyer will have an open feeling with s air to garage and basement , stairs to the bedroom above , but will n t open directly to the living room. Main level circulation will no e through living or dining room fur- niture arrangements. The pass g way connecting all main ground level spaces will have an open feel ' g with unwalled stairways and kitchen serving counter. Living roo w ndows will orient southeast to en- trance court . Fireplace will be visible from living and dining room. A separate formal dining room i 1 be partially open to living room. Separation can be by optional fo ding doors to expand living room as desired. Dining room will op n o rear yard deck or enclosed porch. A large kitchen will have an dj ining family eating area separated by storage unit (optional bar f om formal dining room. Unit Type 2 family room wil�l o rlook the rear yard and adjoin deck or enclosed porch off dining o . Famil�y room will not have second floor above and may have slop d ceiling. All main level spaces will be o er a crawl space or basement for duct and pipe access from furnace o m. Unit Type 1 has a full basement with utility room, storage ro m hobby room, family room, laundry room, bath, and fourth bedroo . Hobby room has natural daylight sloped glazing to the southe t The family �oom and bedroom have _ -Ly .. <� l_ � ' � v Pa�e 2 �CONCEPT (continued) egress windows to depressed lan s ape court area. Unit Type 2 has a partial basement with utilit r om and storage room. The laundry is on the second, bedroom floo . Second (upper) level will have th ee bedrooms . Two bedrooms facing south will have access to deck ov r part of garage . Master bedroom will have deck ve dining room patio. Master bed- room suite will have Iarge dre si g, bath, closet area. Master bath and second bath are sized for hi lpool/spa options . All second floor bedrooms may have vaulte c ilings . Second �loor bedroom loca- tions provide maximum privacy et een bedrooms, efficient plan with minimum corridor, and all have f nt or rear yard primary views . Master suite may have fireplac tion . Buildin� structures will be wo d framed with R19 walls and R38 ceil- ings . Party wall will be doub e framed for fire and sound isolation. Exteriors will be stucco, stee ap s�iding or stained cedar. All windows will be clad type with 1 ng life finishes . UTILITIES The sanitary sewer is 9" in C nwealth Ave . . There is a manhole � near the southeast corner of he site . This main runs east to a man- hole at approximately 250 fee . The main runs south to a manhole in Hillside Ave. A storm sewer in Hillside Ave h s catch basins on the east and west curbs of the Commonwealth Ave i tersection . A 6" water main on the northe n ide of Commonwealth Ave . extends from Hillside Ave . to �ordon Ave . . A gas main on the southern si e of Commonwealth Ave . will be extended to connect existing mains te i ating at 2381 from the east and 2411 from the southwest . Electric and telephone servic ines are in the alleyways to the northwest . Units will be ser e from this pole line by underground cables. Each sing3.e-family residence i 1 have sepaTate water and sewer ser- vice lines to the mains in C nwealth Ave. _ ZS - r� � L- ��- �,1�� ' ,�`� C, i _.� .__ .,- DDCLAF2�TION 0 C AND RESTRICTIOi�IS FO �1ppp T�RRAC� D�'�C2�TION made as of , 1979, by PORTFOI.IO �►LTY, .L�iC. , a i•Iinnesota corpor ti n located at 4005 West 65th Street, Edina, 1•Linnesota (tz2 "Declarant") . �r:T��,S, Declarant owns er in real proPertY (the "Property��) in the City of Sa.u:_ Paul, County of , State of Minnesota, which is legally describeci on tize attached E�chibi A and �'�t=.AS, Declarant int s construct twinhanes on the Property and desires to s�.iTnit the Property t provisions of this Declaration to insure its orderly �.*�d L^,__c_;,i r,�int e to provide for necessary easene�lts for utilities; ' �OSJ, TF�'ORE, Declarant eby sulznits the prop�rty to the pravisions ' of this �laration and any s or supplements hereto and declares that the Prope:ty and any part thereof s 1 hereafter be held, occupied, sold or orhexwise transferred subject to he easanents, charges, liens and other oavenants arr3 restrictions of this instn�n t. All of fihe provisions hereof shall be deaned to oe cover�nts and restri ti .s runninq with the lar�d or as equitable servitudzs, as the case may be, 11 constitute benefits ancl burdens to the �clarant, its successors, grant , ssigns and all otY�es gartie� hereafter owning or holdi��c any interest in the Pr y and any portion thereof. 1• D�'IVITIONS. In addit on to the terms defined elsewhere in this Declaratio�, the following terms s 1 have tt�e me�-�niriqs ascribed to then: — Z ZONlNG F�l.E �_ � --- , ----_._---- —_ � . _ __ . __. . . . . .._,.a.� .. . .r a. AaTOINING UN.T.T. " joining Unit" shall mean any iJnit (as hereinaftex defined) which abuts dividing line between twc� Units on which a Party Wall is located. b. Oc��R. "Oamer" ha 1 mean the natural person or persons hold.ing fee title of record to one or mo e f the Units or having a possessory right to ti�e same under a deed or contrac f deed. c• PAR'1'Y V�1LL. "P ty Wall" shall mean a ccxnron building c�ll as the texm is defined in Paragraph 3 eof. The general rules of law regarding Party Walls ar�d liability for pr ' ty damage due to negligence or willful acts of anissions shall ap�ly thereto cept as varied by the tezms of this Declara- ti�. � � d. UI�IIT. "Unit" s 11 ean one of the parcels of the Property and the residential }�-ail�i.ag ;:or=tru t or to be constructed thereon. e. UTILITIFS. "Uti it' s" shall include, without limitation, water, sewer, gas, eiectrical, telephon other utility transnission lines, trans- ferrers, connections, and other c' ities. 2. RESTRICTIVE COV� Declarant hereby adopts the follawing restrictions to presexve the ori ' appearance of the Px�operty as a high- � quality residenti.al develo�nent prcmote tl�e uniform maintenarice of t,he same. a. F.X'I�RIOR APP� No Owner shall, wi:ttiout the agreement of the Own�r of an Adjoining Unit, ' y way modify or change the basic exterior ap�earance of any Unit, whether c modification or change be by decorating, landscaping, construction, r�mod , dgnolition or otherwise. The colar of the �' �� 2 Zo1V�l� q � � �� -----r---- ___.._ .�._._. _ � .,.--.�--_.-_.-,�-,_ _-------- - � d' 1' �� exterior ��alls and the color of e oof of Adjoining Uni.ts shall at all times be the sar�e. Eacn Owner shall a l times keep and maintain the exterior of nis Un�t in a clean, neat, safe attractive condition and shall cooperate with the O.•.ner of the Adjoining ni in �ainting, repairing and/or replacing all roof5, gutters, doc�nspouts, ext i r building surfaces, walks, trees, shrubs, � fencing, �atio surfaces and all o exterior �mprov�.nts installed by the ; Declarant as part of the orig' 1 esign of tt� Property. � . ? b• L�SL'RE�NCE• Ea h er shall insure his Unit for its full � 3 insurable value against fire, storm, and other extended oaverage risks. � Should a Unit be da�nagad or d yed, the proceeds from such insuranoe shall be used to re�uild or re�;r a¢nage; provided, hawever, that th� pwner of a damaged or destroyed Unit y lect not to rebuild or repair the damaged Unit if the O•.:�er of an Adjoining consents thereto in writing. ! .. � 3. P�'i'Y rAL,IS. a• ��. larant resez.ves for the use and benefit of � i � itself and those of its su s rs, grantees and assigns who may b�ccme the ' Owners o= an �ijoining Unit an easeznent for the pennanent wall which the Declarant i may construct or has cons ct upon the dividing line separating Adjoining Units. Each Owner shall e Party Wall easenent over those parts of an Adjoining Un.it where a ar y Wall actually exists or will exist arr3 each Owner shall be subject to dentical Party Wall easgnent in fav�c�r of tt� Owner of an Adjoining Unit. , b. rI�1I REPAIR. A Party Wall shall at all times during its existence be maintain cl repaired by the Owners of Adjoining Units abutting the dividing line on whi ch Party Wall is located. The cost of such -3- °- ZONING FILE � maintenance and repair shall be div d eclually bet�,�en the pwners of Adjoining L'nits. Should the Party Wall be d g by any cause other than the act or omissions of either of such Owners, it shall be repaired or rebuilt by such Owners on an equal basis, provided any amount received frcin insurance against such damage or destruction 1 be first applied to such renair or rebuilding, unless the Owners unan' u ly elect not to repair or rPt��ild � Party Wall. Sh�uld ths Party Wall arnag� or exposed to the elenents by an act or ornission of the Owner of an j ininq Unit, it shall be repaired or rebuilt at the expense of the Owrier ca sing such damage. 4. UTII.STIES. a• EASEN'.EIYI'. The Decl t reserves far the use arxi benefit of � itself and ttr�se of its succzssors, tees and assigns th�t own an pdjoi.ninq Unit or become thc- .��ers of a Unit o directly served by pt,ilities utility easenents as described in F�chibit B. b- ACCF�S. Said utili senents shall include ac�cess rights for ' maintaining and re�-�.airing utilities, p ided Y�w�ver that the � . party for whose use and benefit the foregoing ea t are intended shall at its expense make good any damage caused by either su ansnission lines and facilities or any maintenance or repairs thereto. 5. SEVEF27�BILITY, The inva ' ' y of any one of th�e provisions hereof by a judc�nent or an order of a cour o crx;r2etent jurisdiction shall in rx� way affect any other provisions of this 'n znt which shall renain iri full force and effect. 6' ARSI'I'RATIa�• In the ev t y dispute should arise concerning ean- liance by ,an Adjoining Owner with t ' of this Declaration, each Adjoining .. ... _ ,__ _ __ 4 ZONI�G F��.E �� - 31 � �_ _ _ _ ---�.�.-� O�+�ner snall choose one arbitrato such arbitrators shall choose one additional arbitrat�or and t,Y� decision of a rity of the three arbitrators shall be final and conclusive of the ques io involved. The cost of such arbitration snall be paid by the Owner who f '1 to prevail in the arbitration proceeding unless �i:e arbitrators decide o 'se. . : l.d WITt�SS Wf-�2DOF, this ation has been executed as of. the date abave first written. ; DE�C:I,�IRPSVT: � ' POR'I'FOLIO REALTY, INC. BY . Its STATE 4c �SNi Ig'.SO'I�:) ! -- ) ss. yW1.i1 W1 ��) . The foregoing instrtunent s ac3alolw�edged before me as of this day of , 19 , by ffiadley C. Johnson, the Vioe President of Portfolio Realty, Inc. , a riuuz so corporation, on behalf of the corporation. I3Qtary lic ; ' inis instnmient was drafted by St 1 stad, Brown & 9nith, Professional Association, 1�50 I�orthcrestern Bank Building, ' t Paul, Miruzesota, SS101. _ - 5- o N i r� � F :i E '. 3 Z, Z G I � :.,,._—=_---�-_�--��- __.�_ . ,�.r-.____._ .. , ��'� �J'J COMMENTS BEFORE ZONI G OMMITTEE OF ST. PAUL PLANNING COMMISSION RE R ING SCHOEN/VIK PROPOSAL J u ry 19, 1989 A. Introduction We represent an nf rmal coalition of homeowners in the vicinity of the proposed d ve opment by Dick Schoen and Roger Vik. At a meeting held on Oc ober 18 , 1988 , we asked neighbors to voice their concerns wi h he proposed development. What fol- lows is a summary of our c c rns and those of our neighbors as voiced at that meeting. B. Sin le-famil develo m n is the best use of the land in question. We start with the z ning code itself: The R-1 through R 4 ne-Family Residential Districts are designed to b e most restrictive of the residen- tial districts. he intent is to provide for an environment of r do inantl low-densit one-famil detached dwellin a ong with other residentially related facilitie w ich serve the residents in the districts. Ordinances § 60. 411 (emphas ' s dded) . Zoning ordinances are designed to protect the int gr ty of neighborhoods and, in this case, the values that the C'ty has seen in the detached single- family dwellings referred t i the ordinance. As the suburbs have shown us all too well, eighborhood composed of detached single-family dwellings is t e most likely to attract a stable base of residents interested i maintaining their dwellings and becoming personally active i heir communities. l. "Twin homes" are n t in line with the general character of the neighborhoo . The proposed proje t ould set three two-family dwel- lings - in essence, duplexes -- in the midst of a neighborhood that is dominated by detache s 'ngle-family homes. Approximately 13% of the houses in the are s rrounding the development are multi-family. In recent yea s, two buildings have converted from duplexes to single-family dw li ngs, and (to our knowledge) none have converted from single-f mi y dwellings to duplexes. The proposed project defies that tr nd. Completion of the project would increase the percentag ' o multi-family dwellings on this block of Commonwealth Avenue fr m 11% to 33%. _ 33 2 . The designs that have e proposed are out of charac- ter with the surroundi g eighborhood. The designs for the pr je t that have been submitted thus far show buildings far larg r han any others in the vicin- ity of the development -- with t e possible exce�tion of a struc- ture owned by Mr. Vik at 2411-24 7 Commonwealth. The street is dominated by small single-famil d ellings, many of them one- story. The proposed designs sh w building with 2 stories, together with a basement that i p rtially above grade. These buildings will, we believe, dom na e the street -- in an unfavorable fashion. 3 . The development as pr p sed lends itself too easily to rental property. The developers have ef rred to these units as three- bedroom homes. However, the d si n shows the possibility of con- verting several additional roo s o bedrooms. One of those rooms is already designated a "bedro m' on the plans but is not included in the "3-bedroom" d i nation. With its proximity to the University, St. Anthony P rk has been an attractive location for students who are willing o rowd unrelated parties into dwellings designed for small am' lies. We recognize that City ordinances do not permit more t n four unrelated persons to share a dwelling; we also rec g ize that those ordinances are difficult to enforce. C. If the land is to be de el ed as ro osed conditions should be im osed to en ur com letion of the ro 'ect in a satisfactorv manner. We believe that th ots in question should be used for detached, single-family dwel i gs. However, in the event that the planning commission cho e to allow the proposed project, we request that certain condit 'on be incorporated in the permit granted to the developers. The conditions st m rom three concerns. First, we believe that some minor cha g s in the design of the project will lessen its adverse impact o he neighborhood. Second, we are 1 There is some questio to the nature of this structure. It has two addresses, a d neighbors have long understood it to be a duplex. Mr. i has informed us that it is consid- ered a single-family e idence with a mother-in-law apart- ment. We have since he rd that Mr. Vik has been required to make changes to brin t e structure in compliance with city ordinances. � �' -2- concerned that the developer ill be unable or unwilling to com- plete the project in a timel anner. Many neighbors have com- plained that Mr. Vik' s past o struction and remodeling projects have frequently been delayed While we are not pleased with the prospect of three large buil i gs on these lots, we are even more concerned that one, two or e e three buildings could stand half- built for a period of years. inally, we are frankly somewhat concerned about the develope s' unstated intentions. They have failed to convince us that t e e buildings will not be sold to landowners seeking rental pr p rty, or that the design of the buildings will not be altere efore construction in a manner that makes them even less sa i factory to the neighborhood. Our recommendation re as follows: l. Plans. Speci i , detailed drawings and specifica- tions for the project s o ld be filed with the City prior to granting the special co d'tion use permit. The drawings should specify, among o h r things, the exterior materials to be used in the proje t and their finished color. Those plans (and the resultin ermit) should be approved only after notice to the nei h orhood and an opportunity for neighbors to be heard. A y material deviation from the filed plans should be p r itted only after further notice to neighbors and an opport n 'ty for a hearing. ' 2 . Securitv. Th evelopers should be required to post a bond or letter o redit in favor of the city to ensure completion of th roject in a timely manner. 3 . Schedulina. h permit should set forth deadlines for the commencement an ompletion of each of the build- ings. Failure to meet eadline should force the devel- opers to seek an extens 'o before the planning commission following notice to the n ighbors and an opportunity for a hearing. � 4 . Order of deve o ment. The permit should require that only one building a be under construction at any one time, and that the deve o ers construct, first, the southernmost building; e ond, the middle building; and third, the northern bui d ng. This requirement will be unimportant if all thre uildings are built on schedule. However, if only one o ' t o of the three buildings are built, this requirement w 11 provide some uniformity with the surrounding lots. h re is presently a single-family dwelling located immedi t ly north of this development, at 2381 Commonwealth. To h south, however, is (depending on the characterization, a iscussed above) a large duplex or a single-family home wi h a mother-in-law apartment. - 3 • -3- ��- �� 5. Homeowners ' also iation. The developers have indicated that they do ot intend to file a declaration of covenants, conditions a d estrictions governing the use and maintenance of the thre ildings, or to form a homeowners ' association providing f r he continuing governance of the development. We believ at such an association is impor- tant to provide a unifi ' d evelopment. 6. Professional lo tractors. The permit should require that all work o he project be performed by full- , time contractors licens d under chapter 326 of the St. Paul ordinances, or by appro r'ately licensed craftsmen. 7 . Gradin runof . The site of the proposed develop- ment is graded slightlyia ove property to the north and to the southwest. The per i should require that a full analy- sis of the proposed dev l pment be conducted to ensure that those adjacent properti s will not experience excessive drainage from the devel p ent site either during construc- tion or after completio f the development. 8. Privac fence. Some (�ut not all) neighbors�' � believe that this proje t should be surrounded on all sides but the front by a larg 6- to 8-foot) privacy fence to insulate existing homeo n rs from the project and its added density. 9 . Basement lev 1. The current plans for the project call for the basement f hese units to project 5 feet above ground. We believe th his is unacceptable for two rea- sons. First, it is un t active, and contrary to the typi- cal configuration in t e eighborhood. Second, and equally important, because the ba ement allows substantial light into the basement, the ba ement will be more suitable for use as a rental unit ( lb it with a shared entrance) than the typical St. Anthon P rk basement. Accordingly, we believe that the devel pe s should be required to minimize the exposure of the ba em nt level above ground. 10. Height. Thelcu rent plans call for the top of the buildings to be nearly 38 feet above the ground when viewed from the street. The op of these buildings will thus be substantially higher t an the tops of surrounding buildings. Accordingly, we believ t at the developers should be required to lower the ve all height of the proposed struc- tures. Wanda Lorentzen Bill le tom Jim Pfau 2331 Gordon 2358 or on Place 2362 Carter 645-7869 (H) 644-0 71 (H) 642-1682 (H) 481-1862 (W) 338-1 09 (W) 336-3269 (W) _ 36 -4- � �' 1" �'U�� PAF.K II DEVELOPMENT GROUP . ?37E� Commonwealth Av. St . Paul , MN. 55108 23 January 1989 Dept . of Planning & Economic ev lopment Planning Division llth Floor, City Hall Annex � 25 West Forth Street St . Paul , NIN. Attn : Ms Lisa J . Freese , City P anner II RE : PARK II A SIX UNIT CLUST EVELOPMENT Dear Lisa, As we discussed on the telep on , the following are our comments to the Zoning Committee meet ng of January 19 , 1989: We have met three times with th informal coalition of homeowners in the neighborhood to addre s heir concerns with the proposed development . We received a o of their comments just prior to the presentation at the Janu r 19th meeting. Neighborhood Comment B. "Sin l -Family developrnent is the best use of the land in question . ' The Proposed Development is for single-family owner occupied units in pairs , each sin le family unit is on a separate lot which meets the R3 zonin a ea requirments and exceeds many of the lot areas of home i the immediate neighborhood. Each single-family unit il have a front yard, spacious rear yard and one side yard w ic is ten to tw�lve plus feet from the structure to propert 1 'ne. The resultiz�� twenty to twenty-six f�et between ui dings exceeds many of the homes in the neighborhood whic ave a minimum twelve feet separation. The building pairs are s e ped back from each other and stepped up the grade from front o rear to reduce the visual bulk. The basement is complete y below grade including a terraced window well at the rean c �h allows egress windows . There are many large resid nces in St . Anthony Park which exceed the apparent bul � o the p�oposed units . Within a two block area are a nu e of large three story houses , several of which are on hills r su ting in the grade at the building being eqivalent to one o hree stories above sidewalk level . The charaeter of S�. An ho y Park is of streets following the terrain of hills and va le s . The styles and sizes of homes are very diverse rangin � f om single story rhodest homes to very large mansions, of e adjoining each other with significant grade differentials fro ne lot to the next . � Page 2 The garages of the propos d nits are at the street because the alleyway is over twen y feet above the street grade at Commonwealth Av. The blo k to the southwest has no alleys nor does the Hillside Cou t complex to the west . The residences on either i e of the Park II property have garages at the street . T e structure to the south has a tuck-under garage . The r s ' dence to the northeast has a very large free-standing garag t the street with the house some distance behind built int he hill at a grade almost a story above street grade . The a age of this residence dominates the street view as do sev r 1 concrete garage structures built recently in the immediate n ighborhood. These garages were constructed into hills to r place steep drives . These garages are placed right at the s ' d walk, apparently to reduce the cost of retaining walls i h could have been terraced and landscaped. Neighborhood Comment B-3 . " h development as proposed lends itself too easily to rental r perty. " The sales price of the p op sed units at $150, 000.00 plus eliminates the possibili y f investment for rental . The basement can be finished 'of at the purchaser's option with a family room, hobby roo a d study or 4th bedroom, however, access to the basement i r stricted to the main living area entrance and stair or th ou h the garage to the stair landing. No access exists to the as ment without passing thru the main living are a. Neighborhood Comment C. Con it 'ons . That Mr. Vik has had extlnd d single or double residential renovation projects is i re evant to the Park II proposal. In fact , Mr. Vik has sev r very successful apartment renovat- ions completed in the me r area. Mr. Vik is an investor i t e Park II development as a land- owner partner of the sit . The Units will be market d y a licensed local Realtor. Construction will be by u 1 time licensed contractors . As we have stated to theln ighbors and the Zoniong Committee , the schedule of construc i n is as follows : Construct the first pair to the southw s after presale. Construct middle pair after 3rd presale. C nstruct northeastern pair after 5th presale . Constructi n schedule will be as fast as possible for high quality constru t on and weather conditions permit . The schedule must meet c itments to purchasers to allow a set time to sell existing h e and move. Occupancy dates will be set by the realtor and r gage lenders . The developer and contractors will want �t k ep construction financing at a minimum. 3� - Page 3 Neighborhood Comment C. Condi i ns - Recommendations 4 . "Order of � Dev�lopment . " After review with the sele' t d Realtor, we must modify the statement restricting onl o e building being under construction at any one time . As stat d, "this requirement will be unimportant if all three tii dings are built on schedule . " We must have the opportun ' ty to begin construction as soon as units are presold in the eq ence previously outlined. We have submitted Constru ti n Drawings to the Planning Staff . The drawings are 80� comp ete and clearly indicate the dimensions and building m t rials . We have also submitted these drawings to the neighborh o committee for review and discussion . We are prepared to revie t e completed Construction Documents with the neighbors as-wel - s communicating on-site during construction. We do not el eve the posting of a bond or letter of credit is appropriate in addition to the regular requirements of the permit and inspec io s proceedures . Vltie will have a Homeowner s ssociation to regulate and maintain the building exteriors, an scaping, snow removal , restrictions on parking of RVs , boats ' tc. and limits for changes to structures . The unit size and height h s been reduced and reviewed with the neighbors since their 0 o er meeting. We have discussed the desire of some of the a jo ning prope�ty owners for a fence . There is no visually de ir ble or practical reason for a continuous privacy fenc , articulary at the rear of the property which is a hil . s we have stated, we will consult with the adjoining prop �rt owners during the construction phase to determine the xt nt of fence and/or landscaping required to visually sc ee any undesirable views . The Park II Development G oup is committed to const�ucting a high quality single-fam' 1 cluster development of residences we believe will be an g ade in the immediate area. We have proposed the six ni development in accordance with the recommeneiations of the Di tr ct 12 "Vacant Land Survey" conducted in 1981 for this site. T e `t . Anthony Park Council ' s Housing Committee has twice voted 'ap roval of our proposal . The District Council has also voted ap ro al . We have agreed to recommended delays to allow for furth r consultation with the immediate neighbors. We have respo d d to the communities concerns and will continue to monitor h development of the project with neigh?2ors input . ��e� . Dick M. Schoen PARK II DEVELOPMENT GROU 3� - September 15, 1988 Zoninq Co�ittee 25 West Fourth Street St. Paul, !4N 55102 RE: ZONING FILE NO. : 103 8 ZONING FILE NAME: S 0 /VIK As a home owner living alm st directlp acrosa fro� the propoaed site of the siz unit clust r ousinq development, propoaed on the propertp located at 2390, 39 , 2393, 2395, 2397, and 2399 Commonwealth Avenue, we ha e obiections to havinq such a unit on our street. We si e he followinq reaaona: 1. Dramatic increase in t af ic, on our otherwiae quite street. 2. Increase in unknown pe ao s in the neiqhborhood - thua causinq concern on saf tp of property. 3. Detrimental to the app �ar nce of the neiqhborhood. 4. Noise factor from cars p ople, out door activities, aninals and children would inc ea e drasticallp. 5. Less parkinq available fo present hoate owners. With the present tases tha a e paid bp ho�eawners in the area, we would hope that t is housinq develop'ent doea not come to pass. If it does we wi 1 apect to see a DRPi3TIC �CREi�SE in our propertp tazes. We are sorrp that neither s will be able to attend the hearinq, due to our work s ulea thia ia iapoeaible. We will be anxious to hear h outcome of thia hearinq. tind hope that our letter will be s i ted durinq the hearinq. Sincerel , �i_ /� i(.�C� Lhi"`� ) � Richard and Carole Walsh 2364 Commonwealth St. Paul, MN 55108 (612) 644-0127 - - •-- .�'- .��"""" ., - - zoNiN� F��E ��.� 1 � � � . �g /9�� - � 1 � �� `� • // —.�loor ..�/ X �� , , � . ' �, � �� c2..� �� ,' �� %�� ...�� r�� % -- � , � G�/�,2� �'.��t�-f' ' , /�%'�� C''�T� `j% l'/ C� Z� " c� �r� �G� �ry��%� a� �� =�� • ��' � -� , %7� �� '�' � ,�..?J .� , � �/�C�-i��-�! ' ;�� G�� C .�- GJ - , . � j ,�,y'�� f � � �-�"� � � �� , � �� . Ciz�� . ,�'io � 6�!y -- ��3 � � , I - /� � � ✓ 1 � Z334 Hillside Ave. , St. Paul, Mn. 55I08 Zoning Committee of St. Paul: In regard of a plan tb �uild a si u it cluster h�usin� �-� a t'ire� fifthy ioot lots (fr�at.�.gs on Com o ��e�.lth Ave. ; '�ettveen :s_�r-'.:��. �.:.-'Hillside Ave. , I would say, ui d three one family homes, one per lot, or build tw� duplexes n e three lots. Nothing else. This would conform to the existing n ig bors homes Keep in mind,that the people ' area have done this through- out the years. They have done i and they expect others to do the same. These are the rules a to my knowledge, they have- not changed. ' Yours trul , r�*"� E%" � � � . ; + September 26, 1988 , � � Zoning Commission 23 West Fourth Street St Paul, Minnesota 55102 Dear Zoning Commission: I am writing to present ob jec io s to changing zoning ordinances so that multiple dwelling housing can e uilt on Commonwealth Avenue between Gordon and Hiilside Avenues. � I am a resident close to he corner ot Gordon and Carter, and my residence here has been the lon es of anyone in the neighborhood. Several times in the past there have b n ttempts to build multi-dwelling untts on the proposed s1te, but the on1 g Commisston has always denied this type of construction in this ar a ned for single family dwellings. As a result ot these denials the ar a 's being built up with very nice single dwelling homes, and, although ot ompietely buiit up, I am sure that in a short ttme the area will be co pl tely occupfed by singie dwelling homes which can provide higher tax re en e on more elaborate homes. If a region is zoned tor singie family d eli ngs, the peopie buying homes in the nelghborhood expect the City ep this trust wlth the people and not aliow changes in the zoning. We received no notice that t is attempt to change the zoning was being made, and we learn tran othe n ighbors that the eftort to have zoning ch�ged was made by the dev lo rs who taisely stated that there was net�orhood approval when o e had been contacted. tCertalnly no ' approvai should ever be give o the basis of verbal statement ot a � developer, but the Zoning Co m sion should contact all nelghbors for { independent veriticatton that c a e is acceptable. ) In this case there 1s no approval irom neighbors to av zoning changed so that multiple tamily dwelifngs can be constructed n e above mentioned site, and a petition has been prepared to verlfy th deslre of all neighbors to deny any proposed zoning change. The proposed construction ho s much too hlgh a living space density � tor the avaiable land. The g ea est problem is the parking ot a large number ot cars on the street . (Muittpie dwe111ngs should be made to provide otf street parking fo a 1 cars and provide some land area for lawns.) in any case the land n is pro ject can accommodate at most a sfngle two unit dwelling. - y 3— _ . ' 2 , � Ouring snowstorms the ciosest s o emergency route is along Carter � Avenue to whlch cars must be move du ing the plowing of other streets. The pitch of the road and the ste pn ss ot the hill at the corner ot � Commonwealth and Gordon provides ne ot most impassable spots in the city durfng snow storms. Every sn w storm will result in notMng but stuck cars between Commonwealth a d arter on Gordon Avenue. In generai, I tind that the p ious disembowelment of zoning ordinances to allow for exploitation t well established neighborhood by � backhanded proceedures of devel pe s to be a very reprehenslble aberratlon that should not be ailowe . I trust that the Zoning Commi io wiil act to protect the desires of ' the people in our neighborhood and en any change in the zoning tor this area as it has done in the past. Sincerei y� �. `�.�� D�reier 2327 ordon Ave. St Paul, Mlnnesota 55108 s ; � � 2334 Hillside Ave St. Paul Mn. 55108 Sept 22, 1988 T o Z oning C ommittee of St Paul Pl nning C ommittee From R.Aymond Halley and Blanc e alley Regarding Hearing�Thursday Sept 9 988, at 3;3oP.M. as set forth by the Plsnning Committee We have received notice of a requ t f r a variance in the building �f a 6 family unit on approximately 150 ee on C ommonwealth Ave. in St Anthony Park Nort�.i. As a neighbor we object to this var lan e. This is a residential neighborhood�' zo ed R--3, The six unit housing Request is not incOnsideration of �ou neighborhood. With these b cluster buildings we o d have an overflow of people and traffic. There is no provision for off stre t arking---Therefoa�e we could expect many cars cluttering op our stre ts To summerize---This change in o ing is unecessary and would not be beneficial to any one in our neigh or ood except . to Mr. Roger Vik and Mr Dick Schoen. Ra ond P. Halley .� Z�c%� �� lanche A. Halley � . i a �,�;�, �� . o.�6 �' �. �a.,�.�, �� a � w.�� t� - � � � �90 — � 399 �rc ' ,P.v . �' ait.e� p� / riYL2-a� a�?� � . YO '� ; (� — .3 ��'� ovi. �:�� J � � o✓� �� ( 1.,tre�.v�-�e�, ' � _ � G�� 3 0 - � � �"� � . ! �� : i -�� . �%�!�- �-�.. �,v , � � � � .��, � ` � , /YL't-` �v� P-zt�t/ al,ir-�-r,cJ. . � 1 . � � � t ��D �� ' o7'L-a�i� . � ,�'j/�Gt/L ' �^ � � � �Y7 � � � a � �� cc� . �. , � ( �� I � �T -- �� 1 . 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" -��.��c:�;.t.-vC/ ' _ � � ' � • � �O{1tf N !03 � - .� l FILE _____� �'1�.�.� _� �� 3�� / .,,: �1 T au��YrL� . 5 5�n y 1 y�- - i � 18 Sep e ber 1988 � For the attention of: i � Housing Committee, Distri t 12 , Zoning Committee, Saint u Planning Commission In re: Zoning File No. 103 8 - Schoen/Vik We , the undersigned proper ' wners and/or residents of I, those Saint Anthony Additi ots adjacent to, contiguous I to or otherwise affected b t e present de �'ur_e and de facto R-3 zoning (Single F i y Resident�17- of the property sp cie fied in the applicant ' equest for a Special Condition � Use Permit to permit const c ion of a six-unit cluster housing development projec t ereon hereby register our unequivocal and unreserved op osition to approval or any other favorable considerat on whatsoever by the City of Saint Paul in respect of t e pplication. Signature Address �t rt c�i` zs �i ll�de Ct• —� . �l ��(�r�(..�1 - G a � . � u��fl�.�.� c.��.-t- • �� Ni��i�dQ_�^. ' I S ,(L,��A �� . - �^ �� ;��.�. � ?3 d �Oe�e a�•+ /9�� `� ,� 3SL -- �� i �� .c G�,.-�,�' ,��..4� ar �� ,��, � , ?� ,�i_ � " �.�lo/r��d<..iC�/au��i, , .. � S. . �3�a ��:�. a,�e . � �1'�-�: �.,�.�-�' - � 3 `.e�2�.� ' • � ' 33 • � - . , ��P ;�r1�a..;�P� �c• � � � ��` .� �;30 5� �''��?�r%.� ,g�/� — — + ' page 2 of 2 ; . ' Signature Address ,� , � � O _ ' Z3�—'�' � \�\S'�a� AVe. ^ � ' — z3��i 1� �, � p �. .�.Q � �3v � C',v�e1 � � ' �,r �333 Nc �� c�'�° �1U'�e�n Ue e �3y'�O/'.�D � �a;�� 3 3 �/ � �L� ad.?��au1! ,1 � 3 5� � � �.� ,�,.� _ �� ` a3 a 7 ��,�e. - �v. �.�� ' a � �'� ��o � _ .•l a 3�-7 �•�..�.. C�.,�� 4�.� � �� rt ' � 3 oz/ �.L , J-Sio� /�S�(/�.,;1) C�. fla4��s� � r T-- 7 .__ r ��Z�L'!�'�e .��w� �'__' � _ �� I � t � � : � � � O . .+.. . :�,.' .-x'� L�.. ►. . , . �. � ._ . � y . ,+�,- , . � , , , . . ' . r � •� d. ,�� . I� C' . - _ . � � � � �f._ . � . � . ' � � .rf_Zy f.GY}� ,•�.0� .. `+ . . ' , -� 1 �'�l.y�1 "" . . . __.. .. . ._) u a.. _.. . . � - .��3•� -A�..,� ?� . . , '�y r��A v�,�� ' � ��f,X �� . x>, � .�(�< Z � / 9�8 � . � `y.l . � �, : �••� . / � � n ` � � . ��' �u�• � _ �+'., � ��..�' �►�, - , � Y . , � .. �= .�r�� - /,/,,.� : � � � ' �� -� o�, ��.O ,9�Z.4rn�j.� � _ , � �- / ; - ��9��z..',r.��G �r�v I/� `� , . ; �� w�� . j �. ; , , � � : �.. ��-.., �� -�,��.,,� ; . ; , . - . . , . : � �...�._-�-�.��y�-� ,�- * i . �B-� �-�a.11iu , �-- � � /�Lr'"m-.'"L(,�y i-.-�i�t-c�-��,�, L-' . . � - . � � K . 1..� � (�G.�/ .- Y L'E..C.�G �"�..�(�`�C"L J ��"L�� , , • �QGr1- a-�u��'r G�, .G'�t�Cc_...� �c t11 L•'...c-�-� � � � �� -fCy�-- ��'-�'��...�� , �.J o L �°; --� _ . : � , ��' � .�-�� w� M1 - - � G��.� ,�-� �f .� ,> � � � . � =.�. 1 , � ��_ � � , � ,i / r ��-�-� � - � � �. . ; �J7lp �it�i�ZC-�i�LL�-E��. � � ,�` / �/�j� � .1�' / -R'"�'j I ' " �'1 �a��: J - � . . - .. � � � . -^.�� -'. , . _ - � 5� - - , � �----�1. �'�.� y'��, _ �j.3'a ��d / I��,�!./�'., i�,��j/_/ 'y,'�j _/ I' / fLy �~ �� ( ��Y �'.'��..ZJ v '... . `a � , i 1� �J � u i �//�� ;�T�� / i� �_.t� �"� ��; � v �/,L . . ♦ /7 �-�. �t_� C��G/ .-�� /�,�ci�� ^ -�� _ �2�/.4� i / � 9 � =--4xfi�_-„-� ;�i- cty �,�, . , �. 7 � �• — � ? �) � `�� --�%''� ryLet�,C.t,,,�c�C� � // � ,�c/.cLCc — �'�c�•✓ /`i_.r:..ly, J-�4—� � /,s� �/C_.�C� (it- �� =t""�-�--� . ;' �`u cl.�4 �— —�- , . i � {—�-�-LC C2- �" / v -,y�i-r-��..�r� � - �. -�u�= ' , . ;.:�--i_.._ . � � �s�'`,�'l��, , " � _ l .� _,��, � .-, _ � ' � �' .� � , . .��-� �,,. .��-, . � �._z�� 7^f-�� '/ o� . �• �.. � - PARK II DEVELOPDZENT GROUP 2376 - 241? Commonwealth Avenu ' St . Paul , MN. 55108 22 September 1988 RE : PARK II A Six Unit Cluster D velopment Paired Single-Family Resid n es . � ATTN: District 12 Community Co n il St . Paul Zoning Committ e Gentlepersons : This letter is to respond to he concerns of Vernon W . and Mabel 1�. Ruttan as stated in h ir correspondence to the Zoning Committee of St . Paul 1 nning Commission dated Sept . 16 , 1988 . �Jv? �f? lfl-�me�iate r►eiaht�or�s C�f th 1 nd in qu?stion, bE'111�a Ea�t/�c�uthe��,t �f the pr�±Qert�,�. . V�? w�uld like to ��o ��n recc�r�j 3� G'� �ir�a any char►a?s 1� trt? C�('?�?fli � ��nin�� fc�r tho�? p3rc.1s of l�nd �:wn.d y �-1r. Schu�n ;�nd ��ir. '�fik ;�n�� a� described in v�ur n�tice. l.�ntc�rtuna Nl , w? W111 bE 411t C�f tr�e c��ur►tr�r �t tt�? tim� ��f the he3rinq on S?Rt. 29t . her�fore, pi?a�e add thi� l�tter t�� he t?�tim�rn� ar�s�r�t?� at th,�t tirr?. RESPONSE : The Ruttans ' open" n statement " is to go on record as opposi g hanges in the zoning" . The PARK II Deve op ent Group IS NOT proposing or requesting an c anges in the existing R3 One-Family Resid nt ' al District or rezoning to any other Zoning Di trict . . . We :�r� �,�,�u�?d for th? fc�il��vi a r_c�ons: l. Th? l;�(1C1 lf1 QU��iO� l� Df?S tt� �OCI?d �� R-?� ��nal? F�mil� ' r�?=i�2f��,:�. Tri? �i?': U�ilt C�11=�?� i Q�! ifr.7 i�t��?�t �'� � C:��_i��:f'�C�c ��?��C'�l1fc f('��fll C�f�'�t'f1t U�? dfl� '�`; �.i�� t0 i.ri? � 1(11?fi` �� + � �' ��'� � �i � _f �!'t ifi i `:�milv d:��llin��_� in th� �•re�. RESPONSE : The proposed pa re single-family residences meet all requirement s t forth in the City of St . Paul Zoning Code for C apter 60.410 One-Family Residential Districts ; spec ' f ' cally Chapter 60 .413 (12) Cluster Zoning Requirem n s listed on page 24 . � The six unit c us er housing request is NOT a considerable d pa ture from present use . There are many owner oc upied two family structures in St . Anthony Pa k nd several in the immediate neighborhood. T proposed six dwellings will all be energy effi i nt structures surpassing the quality of constructio nd appearance of the majority of eYisting homes i the immediate neighborhood. �� Page 2 ?. ,�V�ner�r�ID VaIlJES clld taX �5 ?5 rn?nts ha�'e been based on thl� �i�if��] a ;ir��l? farniiv d��rellina rh�id?r�ti� 1 a ra. Tt�Flar�d i•� be�t ::,uitEd to sir►�!e familv dvre{lin��. . - RESPONSE : The land will be d veloped for use as single-family o�!ner-occupied d ellings . �. .� t'►1�.1It1-U('ilt CIl15t�f' 1fJC��j�� @G �C1�,:te our Dr�uer�V rCi(l�l��f 3��1y ,`,r,�i . �i�E GhViO�J� re:�sor�s Of 1►1C1'?aSEd fl 1� , �I'�ff1C �r�d �ark.ir��l. V151t�ilitV ��f tI1E L,l�.j��1�� c��l�� r'.�i� �r��ri,7�..��. I��S r�i �Y��I v JIQII�III�.�i. :��IU �'IIIC� �C��_l�l� _ �ri�t Q�j 1�ti'Ith :�iC('��C�� ell�ltL`. �ll h U�C 1� �n architect �e�iQfi��j Jwe�lin�� in a v.ry� attr.;ctive setti �a. It'� �F��l? waui� t�ecor��? mor? �1f f 1CiJlt. RESPONSE : The term "multi- ni cluster" may be based on the Ruttans ' conclus on that the six units are all attached in a si gl building. The proposal is for attached pai 'ed Single-Family structures . Each residence w 11 have an individual platted lot . There is no fact al basis for the statement that the proposed res de ces "would depreciate" other properties . We an ot comprehend increased noise in the neighborh od as being significant . Construct- ion noise will a tu lly. be of shorter duration since the pairs f esidences will be built simul- taneously vs . fo r 4) separate dwellings on four separate lots wh ' ch is an alternative for the site . If each househol m de six traffic movements over a fourteen hour er 'od (? Ar4 to 9 P�4) the six units would generate a 'tr�p every 23 minutes vs . a trip every 35 minutes fo four households . No traffic engineer would c ns ' der this as in any way a significant incr as in traffic. Four homes with six movements wo ld result in a trip every 35 minutes , however, a large h me would probably have even more drivers and ve icles making more traffic movements . We believe that he e smaller d�vellings , each with a two car garage , w ' l1 have vehicles parked inside a higher percent ge of the time than a large d�velling with several veh ' cl s and drivers . This belief is based on observa io s made in the immediate neigh- borhood where on f mily has up to eight frequently used vehicles , n ne of which are parked in an enclosed garage . �Ve are ev sing the entrances from Common- wealth Ave . to t 're narrower paved drives . This will be less pav d urbed opening than if four separate large h me where constructed. The proposed str ct res , as designed , ,will have less visible mass for t e side yards of adjoining property than a large sin le structure and probably no more front and rear m ss The stepped up design on the lot is intende �� Pµ�e 3 (RESPON�E 3 cont . ) lot is intended to mi imize the above grade , building mass . The site is going lo e developed. No one has offered to purchas t e property for a park or wildlife sancurary he land coverage wi�l not be much of an incr a e , if any , over four larger dwellings on four o s . The Ruttans ' house h s many trees and shrubs at the street side of the r adjoining empty lot . If public sidewalks are to b ' nstalled these trash cottonwood trees would have t e removed. The visual impression from the street of t is residence is a large garage in fr.ont of the ho s with a full width crushed rock area to the street . ny determent to the resale of this house; in our o inion , would be the exposed two story concrete m sonry exterior and layout of the living room fl o plan . �1'e believe that the Ruttans ' would a.ct ��, ?.-- �e �leasantly surprised at the apnreciation i alue if they chose to sell their property . �"? �.r� o_ vinced that the residences we propose to constr t and sell will upgrade the quality over structures in t e immediate neighborhood and thereby enhance a 'o ning propertys ' visual perceived value �vell above ei g next to what is now unimproved vacant land . �. I am not ��nvinced th;t tr�is tivI ul be a r�i��h qu�lity dev�lor�merrt a� . �ua�a��te� by t��: Grc��rty owr��r,. T �is s�rt of c�air-� is tv��icai c�f . d?�.°?l��er�� QfQ[)G�al�. In tF�? near r�e ah orhoo�� V�?r�3`�`? �i'�? =X�fflL,la �ii. --- t�� c��? Hill de�Y�elopmer�t ��;hiCh i_� n ��, a t�liaht on tr�� 13nds��a��:�. Al��c. (�tr. Vik t�u� h??tl 1�1VQ1V�'� 1fl f1Uf1'IZfUU f 'al ?Stdt? �31�5 ,afid �C�1Q'�'�t i0fl S�I'l�ft"i?S 3�1d �l�fl`� do nat 1f11pf��S UJ UJ �v'1f1� "a��t�?� �0 t11�' `fal�? �`r ti'i�lf locati��n ur t�� ati�factic�n of tC�� e �. H� usu311�� u�ld� incr�m�ntall;� ;,n�� c~�::��1�,�. I ulso qu��t�on ��vh�th= or r�ot tr��? isn�t a c_�nfli�_t �.f i�t?ra:,t f��r a �ers�n Nr��plo`�rd bv �h C ty af �t' r�aul in t��? T;�y ��'Raf�;?'�E'(lt ti,� t'? tfYlfl� �� r�-��'fle a d �d �p''.t t0 hl� home �t �i�? �?;p�(1�' c�t ��t��r nei�hbor��. RESPONSE : �Ye are not "typic 1 evelopers" . j'Ve own the land and we will continue o live in the neighborhood with the ne�v structures an o vners . �9e have comp lete control over the design , o struction and sale of this proposed developm nt . The City of St .Paul approvals of our design wil e contingent on the issuing of building permits n finished product, revietiv to ascertain conform n e �vith the submitted proposal . � � P age 4 � j'- �'v '7 (RESPONSE 4 cont . ) � A PARK II partne has been a principal in an architect- ural firm which as been in continuous operation since 1959 and has com le ed many successful and design award winning pr je ts . Although this writer is not familiar with al o Mr. Vik ' s "numerous" real estate transactions , I elieve the Ruttans ' statements are highly inaccuateian appear to be malicious , spiteful , slanderous and e en possibly libelous . One of 114r . Vik `s projects in the ei hborhood is Hillside Court . Given the time H 11 ide Court was developed, my observation is t at it met the demand for value recieved and sat sf ction of the buyers in the economic conditi ns then existing. PARK II Develop- ment Group under ta ds the present property values in St . Anthony P rk and propose construction of high quality residenc s esired by potential buyers . Mr. Vik was empl y d by Ramsey County and is now retired. WE ARE NOT tryin t rezone this property ! �. :,t. A��tf�ony F�ark is a very sp ia neiahborhood ar►� watche� closely b�� it� rr�idents. `_�amethir�a like thi v ould be ouite cor►troversial af u('OU�7i'�t t0 t;�c 3ttEI'�t10fi Of Otf i�f 5 i th Park. We have just recer�tiy r�a�� the �c��:�.t3Ci? �.,f an over�i:?d h�rt�� ei g built on W. Hoyt Ave. aaainst =onin� r��ul�;ti��n�. RESPONSE : The PARK II Devel p ent Group has fcllowed precisely the requirements f the Zoning Office in our application for s ' t plan review including the District 12 Build' n Committee and Council public meetings and Zoni g Office review and public meeting. All Co u ity and Staff ineetings and reviews have resu t d to date in recommendation for approval of o r proposal . A 1981 Vacant Land Survey by Distric 2 recommended six (6) d�velling units for this si' e If we sold four 1 t to individuals we would lose control over the r perties development . Four lar�e houses could be b i t with minimum side yard setbacks of 4 feet ( total f 12 ft . for both sideyards) which could result in c less open space between buildings , greater land cove a e , structures up to three stories above grade ahd g e ter total mass . There could be fo r (4) W. HOYT AVE. oversized homes conforming to zonin regulations . . - b ' Page 5 n. Ti��e t3xe� on aur horr�? are a 'on tne r�igr,est in St. Anthony Fark , bFc3��s? �r�e live in � relativeiv ne r�o :,e. �ur tar,es.v�er� r�iar� to �tart ':�Itri ;�r�d �:.�;.�('itifiUF t0 C'15? Rroportio �a� 1V Ofi tr�e r�ioh Sld? E'Vpr�I �'��r. I h��e t��:n m�.�r•�in� to �a�� to cit�� co t . bout our ��s?�srnent �nd r�i�i�� m�rE�.�t �':�)U�. �f i.�l��t 'Jtllt� 3�2 �'J it i�>;t d00►' t0 m? I ��,'OUId 3�itiC�D�tN � ��`C��J'_Li�,111 �II �.1�.�� U:,��+�:�� V:��U:itl��T 'J�J ��J Ii�IC I ��J�..l��l� li� `I�I� �1�:$ll.�� J� ��Jr �.ra��c�,�. RESPONSE : We sympathize wi h he Ruttans ' concern with high taYes ,��but we ac �ep the tax rates in comparison to the higher va ua ions we enjoy in St . Anthony Park because we resid i a more desirable community than other �lower �ta ed Districts in St . Paul or many of the subu bs . The continuous increase in tax values justi y y investmerit in a major renovation of th t o-family house in which I live. These highervalu ti ns also allow me to plan to build a new home on Hillside Ave . between two older residences . St . An hony Park has many homes of various sizes , s ap s and types interspersed together with liltl effect on the valuation of the higher value new 'r ome adjoining an older more modest structure . eal estate evaluations are made on comparable si e nd quality of like structures over the entire o unity . �. ifi� ��r'ti'EI�C�=1'S :�ti�'iG��'�' :f�:.�i'i � �i�"a�:�iiil_c ti12 U�c Gi i.i�c u.:Ck: 'va�: ;,�f �h� ;�:�t�. T��? 13r�� i� r��rrav;er to tr� fr��nt t~��r� t�� th� b�,ck.. Tf-,Fr� ;;, ��c� �ri�,•� ;►� ;11rv to tf�� r��3r �f tt'�c r�r��'�r y ar� tr�is black.--onlv an �a�?m=r�t J� it i'., ;;"i'�`�iC?iiy ifrl��oS�iG�° tG ffi;j .c t�ri1�'2vr�V �rlrou'�r� ti'icl�:'. iri� t�:]C.k. ��f the l�;�� 15 3 �� out "�i l l�i��e an� i l��l i fe ar�d nat�.�rcl areen ��:�ac� f,�r .af{ t~�� "��rn�s ��ack �n� u� t� it. D?��lo;.� ?nt wo��ld destr^vrthis fF�ture. RESPO�tSE : The Ruttans ' obvo s y have not seen our proposal . The Ruttans' hor�e i build into the "dug out hillside" . The PARK II resid n es have rear yards up to 70 feet in depth. There ' s absolutel.y no plans to change the hillside other th n to modify any slopes subject erosion and to AD lant materials , a benefit for wildlife . i �C ,� �i1V U��er;tar�dina 315�� til;:�t �hC ��C:�.�r�borina re5ld�fitS� 'Jlc'lr� '�1��f"? m��.:,r=�r��ent?d C�v or�? of tr�e de��ei e � to the l�t� Qistrict uff�� a� u?ill�:, `�'��Of3��i:- tQ i15 d��dclG��mcr,t. Ufi tr�e cor�trarv, '+NE f1�VE ('CDc3Crdi`v' Ccid t"�e Lui luer�s �h�t we wouid ��b i ct. We feEl thct it �vra; del in�uer,t ��r� tf iZ D�f C Uf Crli? �,��J(1C I) �Jf f IC� tG f Of:� d � recommenCat ion to tf'�r �Gi'ilf i� I.GI'fiff�ItC� '��I�hQUt i��fGrmir�a �hE �� r� �rr��od. �Ur this rFasGfl '�NZ afE f�QIJ�''�i.i��Q ':3 f71��t1f��]� Witfl 411f' �1�� -1C rnUf1C'� hC'lJ�l(1�� COf(Ifl"iittc� �fi� 3 ��elav in tr,� Z��nir�a Co�r�R��tte I��eorin d te. � .. ��-- �� `� Page 6 RES'PONSE : We have not mi re resented neighboring residences ' views . When a ke by the District 12 Housing Committee and t . Paul Zoning Staff we were very open in statin t e Ruttans past concerns on increased vehi le on Commonwealth Ave . We stated that we have a dr ssed those concerns by providing two car garage a d apron space in front for off-street par in . The Ruttans ' comments on significant in re se in noise and traffic or decrease in the value o t eir home is just not valid and without factua rit or logic. WE ARE NOT applying for Rezoning . W have followed the required proceedures fo pplication for Site Plan Review and have met a 1 the requirements of the Zoning Code for the R ingle-Family Residential District . Sincerely ; Dick M. Schoen , Partner PARK II DEVELOPMENT GRO � � � � . S1� � ��u�� l�1�e��+� uz ( � a , O � � 1 . 2 . 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'�;i:,,-s:`-:.L;.,t, v .,� �c.•:•::.. ..:?�^�,�.. . , T -� q� �.;:::::::�:::�::,-:.. .;'`.... � i � E. �::�.::::: .:..:: ::,,:.. � k�,...�,�.�s;3;;Y�:,.;: ,—� � � � �:;;:�r :.:;:;;..;;�; _ �:�:: „ 1 � �r.�� ;,a,.�..:. �:��:;: : - 1 � �c°Y.�.{+S�!� _ " ' �� ' 1 y 'i �t'+.'i _'iia:"-" ' �� /'� � \L'�^�:�;' ' �� J � '� 11 :::: �'�:'�- _ - - �� L � �s�.: _ T I ,�::;� -- — -r, r � I � . .:::��- - '�`:�:_ T S. _+ � `:.;.`:�`.�;..�';.`.'?'';;:�`:`:_{:::�;�E 1 � 1 1 I ♦ } �t �, I � ,� I ti r: . :�'.�� 1 � � � -� � v �s::;:;_.:>�;..:`:r� 1 � � .�.... _`_ 1 � �:::;=:�;r; �. .�:: .�.. _,{:: : . _ —. � •:��r-�- A��A� VERNON & MABEL RUTTAN �GEND PURPOSE AFPEAL � zoning district boundary FILE� 10443 DATE 3-1- 9 � subjgd PrppgRy �nprthi � PLNG. DIST 12 MAP# 1 0 one family • • ^ commercial � �� ¢ two famity ♦ �� industrial SCALE 1"=400' � � ��Q multiple family V vacant � l �� 7 ��GtTT Q�� I , � ; CITY OF SAINT PAUL ° - ' DEPARTM NT OF PLANNING AND ECONOMIC DEVELOPMENT ', �� Q DIVISION OF PLANNING . � 25 West Fourth Streef,Saint Paul,Mionesota 55102 ,.s• 612-22&3270 GEORGE LATIMER i MAYOR RECEIVED �MO�� APR Z o 1989 DATE: April 10, 1989 CITY CL�R�c T0: Council President Scheibel nd Members of the City Council FROM: Lisa J. Freese, Planning Di is on �� RE: Zoning File #10443 - Verno & abel Ruttan Attached is a copy of Planning Comm ss on Resolution #89-5 that was incomplete in the original packet submitted to yo . This resolution granted a Special Condition Use Permit for a six-uni cl ster development to Park II Development Group. In addition to the eight r � ui ed conditions, the Planning Commission imposed ten additional conditions e development which are listed on Pages 4 and 5 of the resolution. The appeal was laid over until Tue da , April 11. On Tuesday, Planning staff will have photographs of Lhe site nd the immediate neighborhood available for the Council's review. Please con ac me at 228-3366 if you have questions or need any additional information re ar ing this appeal. city of saint paui planrr�ng commssion r tion f�e nurr�ber 89-5 � ' ' tE] February 10, 1989 :�HEREAS, Park II Development Group R ger Vik/Dick Schoen, file #10368, has applied for a Special Condition Use Permit d r the provisions of Section 60.413(12) of the Saint Paul Legislative Code, for th p rpose of allowing a six-unit cluster housing development on property located at 38 , 2391, 2393, 2395, 2397, and 2399 Commonwealth Avenue, legally descri ed as Lots 6, 7 and 8 and Lot 9, except the south 27 feet, Block 41, St. Anthon P rk North; and WHEREAS, the Zoning Committee of th P anning Commission on October 13, 1988, and January 19, 1989, held a public hea in at which all persons present were given an opportunity to be heard pursuant to sa d application in accordance with the requirements of Section 64.300 of e aint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commis io , based on the evidence presented to its Zoning Committee at the public hear ng as substantially reflected in the minutes� made the following findings of fact 1. The applicant, Park II Developm t roup, proposes to construct a six-unit cluster townhouse development c ting of three� two-unit buildings. Each � unit will have three bedrooms a nge between 1,650 and 2,200 square feet of floor area, plus a two-car atta e garage accessed via Commornaealth. Yark II intends to sell the units indiv ly at the market rate. 2. A cluster development is permit ed in the R-3 zoning district subject to eight conditions; these conditions an t e applicant's ability to meet them are as follows: (a) There sha11 be a minimum of I o units. - There are six units in the p op sed development. (b) The units sha11 be attached, co n wa11, singZe family, with no unit intruding on the vertical a" sp ce of any other vnit. The two units in each of th ee structures will be attached at a common side wall and no unit will t de on the vertical airspace of the other unit. _ I ( ontinued) mOV�d by . . �+p�•�11'Y'�pd �'�►/ HIRTE �7�itiv� R�v �.+� in f��or_— against— - - . File #10368 Page Two (c) The parcel sha11 meet the Iot �ar a required per unit in the zoning district. The R-3 district requires a m ni lot size of 6,000 square feet, so a 36,000 square foot lot area w ul be required for six units. The site in question is of ample size wit a total lot area of 37.808 square feet. (d) The parcel sha11 have a mini I ontege of 80 feet on an improved street. The parcel has 174' of fronta e Commornaealth Aveuue. an improved street. (e) The structure sha11 conform t t e scheduZe of regulations for height, Zot coverage, setbacks and parkin . The proposed structures confo o the schedule of regulations for height, lot coverage and setbacks: e ff-street parking requirement for a six-unit development is nine a es. The site plan shows an attached, two-car garage for each unit, ex eding the parking requirement by .5 spaces per unit or a total of three a s. (f) The design sha11 be compatibl w'th the surrounding neighborhood. The proposed development is s' i r in both mass and size to the abutting houses. The architecture of e urrounding neighborhood is a mixture of traditional and modern styles, w h several houses incorporating the garage - as a major feature of the fro t cade. (g) Individual Zots, buildings, s e t and parlcing areas sha11 be designed and situsted to minimize alterati the natural features and topography. co tinued) � � File #10368 Page Three The split level walk-up style of construction is designed to accommodate the varied topography of the site ly a minimal amount of excavation will be required. The site has very it le existing vegetation with coverage confined primarily to the nor he quarter of the site and mainly consisting of scrub brush and trees. Th p oposed landscape plan would be a significant improvement over he existing vegetation. (h) Appltcations for cluster deve op ent sha11 �nclude stte plsns, fncluding Iandscaping snd elevat�ons an o er information the Planning Co�iss�on may request. A site plan was submitted wit t e application with a landscaping plan and elevations. It meets all sit p an standards except that the Traffic Engineer has recommended that th re be one driveway per structure instead of one per unit. " Also, it will be necessary fo t e applicant to replat the site. All subdivision applications requ re review and approval of the City Eouncil. 3. The Saint Paul Comprehensive Plan en ourages alternatives to detached single family design. This cluster hous ng proposal provides such an alternative while not increasing the density of the ar a or changing the nature of the area. The proposal meets the housing object ve of the District 12 Plan by providing opportunities for home ownership nd providing an alternative housing type to the district housing stock. NOW, THEREFORE BE IT RESOLVED, that e aint Paul Planning Commission, under the authority of the City's Legislative C de has determined that the cluster development meets the required condit'on and is consistent with policies and plans of the city; and BE IT FINALLY RESOLVED, that the Sain P ul Planning Commission does hereby approve the application for a Special Conditi n se Permit to allow a six-unit cluster houaing development at 2389� 2391, 23 3, 2395, 2397, and 2399 Co�onwealth Avenue subject to the following conditions: co inued) _ . , r' T� 7 File #10368 Page Four 1. The buildings must be built as bs antially shown on the building plans and site plans submitted on January i8, 1989. Minor revisions are subject to approval by the Planning Adminis ra or or Zoning Administrator. 2. The height of the roof ridge sha 1 ot exceed 29' 6" measured from the base of first floor. 3. All provisions of the subdivisiol o dinance shall be net. 4. An amended site plan aust be sub it ed and approved by the Planning Division. ; The revised site plan shall incl de 1) a detailed analysis of stormwater . run-off and a stormwater managem nt plan for the development; 2) an erosion/run-off control plan for th construction phase; 3) specifications of exterior building treatments and co ors; and 4) one driveway per structure. 5. The developer shall work with ad oi ing property owners to develop a screening plan (some combination of fencin a d plantings) . The plan shall be ` incorporated in the landscaping le ent of the revised site plan. The Planning Division will verif t at adjoining property owners are in general agreement with the screening pla p ior to site plan approval. 6. The developers shall file approp ia e covenants and maintenance agreements for each structure to ensure that th e terior of each building and the site is maintained. 7. All construction must be performld contractors licensed and-bonded by the City of Saint Paul. 8. If the construction is phased, i s 11 occur in the following order: 1) 2397-2399 Commonwealth; 2) 2393- 39 Commonwealth; and 3) 2389-2391 Commonwealth. co tinued) - . . . File #10368 Page Five 9. A buildin ermit must be secu I� d g p r or the structure at 2397-2399 Co�onwealth within year after the issuance f he Special Condition Use Permit or by May 1, 1990, whichever date is later. Bu lding permits for the other two structures (2393-2395 Commonwealth and 238 -2 91 Commorn�ealth) aust be secured within two years after the issuance of the Sp cial Condition Use Permit or by May 1� 1991, whichever date is later. If th s chedule is not met, the Special Condition Use Permit� expires unless it is sp ci ically extended by the Planning Commission after a public hearing. . 10. A letter of credit equal to the es imated cost of site improvements for the project including landscaping, id walks, paving and stormwater management must be submitted to the Planning Di is on prior to site plan approval in order to ensure completion of constructi n. — - ,. Petitio in Opposition to Special Co dit on Use Permit for Schoen/Vik CI ster Development" We, the undersigned res de ts of St. Anthony Park, are familiar with the plans of Roger Vik and Richard Schoe to evelop three "twin-homes" (a so-called "cluster development") on Commonwealth Ave ue. We hereby state and renew our opposition to the proposed development, and urge th m mbers of the St. Paul City Council to overturn the recent decision of the Planning Co ssion approving a special condition use permit for that development. Name Addres� Date / 7 �ra oJ�� 2_�,C gg" � �� , � �; ,, �/��' f�..=-�%' �c-�-,� ��r licS`�, .�� t , ' � ��--�L� ;��,.�`�. ,2� � � � � .. �� T �--.� �� .�f� ��e � ��,,,� � ,�� _C�� L �_ - �s��n-�..-.nr_��4/�� n�<<= L. l��:.�7 � � ►^�c� � 1°I��i 2 6 � �� ,J , � �� L � � ( �d C� ,� C(,�.� � �i ��1 �i�� — � ,� � -�- . �� C�� ., �`�`''�_ o. �i �'� � / _ / � � 2c��' Li �J�vh �2� �RPj `7/ / 6 (� � � � �_ -��'_l y��'y�,� � � �'�� L�r-� ' �� ' ��' y� �� C �.-�.y�� i�n��--... -, �,�L� L� �-i-��- � �i`_.c_`_e�._ ' / �.T� ,��%/�..� , c �, `�� - C_`�,4'"e� ��h� ��- � � � ��-� � � �r r � ��Z� !. (�.�-�-�.�r � �- � y C ,� � � �� ,x��-��`'sc:�2 �� . 7,C-�� - �°' � � � � sl � z�� 6 `�C<-e-�.�-d.�, IGC�� - � .� � —�� _� *Employment will prevent atte da ce at Council meeting. � *Empl oyment wi 11 prevent at en ance ai ��ur►�� «�,. ,,,y. Petition i O osition to Special Condi on Use Permit for Schoen/Vik"Cl st r Development" We, the undersigned reside ts f St. Anthony Park, are familiar with the plans of Roger Vik and Richard Schoen to de elop three "twin-homes" (a so-called "cluster development") on Commonwealth Avenu . e hereby state and renew our opposition to the proposed development, and urge the e ers of the St. Paul City Council to overturn the recent decision of the Planning Co 'ss on approving a special condition use permit for that development. � Name Ad ress Date -� �,� ��.�n�.- z� ��9.�. �.� -`� � ��,�, � ��.�., � �` `` ��si� `' C L�-;' 'J� r U % r;/ "; � , ! � ' � � � �, ':�� , �� ' � � �� `1 - � —�� D � � � ��,� . �� . - � ,� � , �?� ��e�..� �- 1��►.a�^. �. C��-►��.�L-� �l-�� `� � �c . �.��.�� '3� ��., -�� 1r%,�, � � i � .�- �- �J � ;� "� ��u,« �-�-8� ;� P � � - � , 3 I � �- y—� , -� ��% 1 _ __ lu�� -- �-�� `�, � ��i' �,.�d d j y�-� ',� �;c-,�u- `J �� 3, -�l-� Petition n pposition to Special Con iti n Use Permit for Schoen/Vik" lu ter Development" We, the undersigned resi en s of St. Anthony Park, are familiar with the plans of Roger Vik and Richard Schoen o velop three "twin-homes" (a so-called "cluster development") on Commonwealth Aven e. We hereby state and renew our opposition to the proposed development, and urge th �m mbers of the St. Paul City Council to overturn the recent decision of the Planning Co ' sion approving a special condition use permit for that development. Name Address Date � � ' r ..si ( j J �� ! � C �� c �- ,;� �.� /, �J _ � � , � �� " S,,' �.. C�C�� G�.� 3 --��—�� ,S��, �7�f' J'�� „ s� � � �� /.�.�:�� -— �'� i� .��,L� . �/,�5�,/r�s�,� � �7 �/,�'�� C� �� -�'9 ro � �J i � � .�� 3 - 3v �gq L ,�'9 , . � � d �J � ; % . _ / �, f �� ", ;�:1n.,�'v, �.t.� l�� t�-4-�� , '. .��-�- �f ; �� ^ �� , Ja_ �� _ �� a ��` � � �- a -� � �- ,� ��.� � � �` ��,� ' r- J �� ,�,' � ✓� ✓ � / ` �� ` ��c�" —� �'�' ��r �' ..�'��. - `, ,� �;�� _ �� - Y�. �� 1��1 c�-��ti�y,.�U;�� _,�-7 /��—`��— k ��.� y-� z — Y�� C� y�3—�� D � �-3� T � C� :J �—3 �� , �1.1� ��,,� � � `—��:.—�-�, �.�� *Employment will prevent a �te dance at Council meeting. Petition pposition to Special Con tio Use Permit for Schoen/Vik" lus er Development" We, the undersigned resid nt of St. Anthony Park, are familiar with the plans of Roger Vik and Richard Schoen t d velop three "twin-homes" (a so-called "cluster development") on Commonwealth Aven . e hereby state and renew our opposition to the proposed development, and urge the e bers of the St. Paul City Council to overturn the recent decision of the Planning Co 's ion approving a special condition use permit for that development. Name Address Date � � � � /��/�s ,�e • .-./ 23 8S � �'K= * � � i l si�� 't � a. � , , , . Z 4 7 -- 3 3 � � � , . � i�L�t�� % � � � � 3 � - - �`� �' ;�w��aQ v�,�=-n�� l` ��B *Employment will prevent attenanc� a Council meeting. �� o`� Pe iti n in Opposition to Specia C dition Use Permit for Schoen i "Cluster Development" We, the undersigned'res dents of St. Anthony Park, are familiar with the plans of Roger Vik and Richard Sc � e to develop three "twin-homes" (a so-called "cluster development") on Commonwealth ve ue. We hereby state and renew our opposition to - the proposed development, and urg ' th members of the St. Paul City Council to overturn the recent decision of the Planning o 'ssion approving a special condition use permit for that development. Name Address Date ` ~ `�� r,�r�n�.�.�' . 3/�� y ' -� ' !' ✓'� �� ` 3�� _ ��i ai � 3 O �� a ��-�v .�v� yri�� r� �� ;� � . 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