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99-1092ORIGINAL Council File # g� l Oq a„ Green Sheet # l oo� a 3 RESOLUTION Presented By � • t '� II � • 114/ ( a�� /!// � �o Refened To Committee: Date 2 WHEREAS, a public hearing was duly set for September 22, 1999, before the Council of 3 the City of Saint Paul (Council) for the purposes of considering appeals by Greg and Carol Clark, 4 Patricia Leonazd and Laurel Frost from a decision of tbe Heritage Preservation Commission 5 (HPC) in HPC Resolution No. 3654 approving a building permit application to construct a new, 6 single-family, dwelling within the Historic Hill Heritage Preservation District on properiy 7 commonly known as 420 Portland Avenue; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Council deternuned that the proposed single family dwelling may need additional regulatory determinafions (including site plan review and approval or other variances) before construction can begin; and WHEREAS, the Council finds that it is appropriate and efficient to first finalize all such determinations necessary for the proposed single family dwelling so that in the event an appeal is taken from any determination, the appeal(s) may be consolidated into a single public hearing before the Council; NOW, THEREFORE, BE IT IiESOLVED, in the interest of Council efficiency, the appeal of Crreg and Carol Clark, Patricia Leonard and Laurel Frost from the decision in I3PC Resolution No. 3654 is continued and laid over until such time as all regulatory determinations necessary for the proposed project at 420 Portland Avenue shall haue been acted upon by the appropriate city department, board or commission; AND, BE IT, FURTHER RESOLVED, that once all regulatory determinations have been made and if any are appealed, a11 appeals shall be consolidated with the appeal of HPC Resolution No. 3654 and reset, with written notice to affected parties, before the Councii for public hearing; AND, BE IT, �l9-109� Fi3RTHER RESOLVED, that if no appeals are taken from any remaining deternvnation, the public heating on HI'C Resolution No. 3654 shall be reopened with new notice to the affected parties of record as of August 4, 1999: AND, BE IT FINALLY RESOLVED, tUat a copy of this resolution shall be mailed to Ronald Severson, Greg and Carol Clark, Patricia Leonard, Laurel Frost, Mark Vaught, Esq, John Miller, Esq., the Board of Zoning Appeals, the Heritage Preservation Commission and the Department of License, Inspecrions and Environmental Protection. dRIGINAL Aequested by Department of: By: Fosm App�r �f d by City Attorney By_ [/!�/.G✓WiW /v/�?r`l'� Approved by Mayor Eor Submission to Conncil By: — �-. /�/ / BY: Approved by Mayor: Date 1// / ILLGL� By: Adopted by Covncil: Date �___. 1�� iq Adoption Certified by Council Secretaxy CITY OF SAINT PAUL Norm Co[eman, Mayor October 14, 1999 Nancy Anderson Council Secretary 310 Ciry Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: 420 Portland AvenueiHPC File No. 3654 Appeal by Greg and Cazol Clazk, et a1. City Council Action Date: September 22, 1999 Dear Ms. Anderson: V��u.��e� �:Gi��_�.n» �'J�?t,.r � �'� �� ad� Would you please place the attached original resolution on the next ava3lable council consent agenda. As you recall, Council laid this matter over until such tnne as all regulatory determinations with respect to the proposed construction of a single family dwelling at 420 Portland Avenue had been resolved. This resolution is designed to memorialize the Council's decision to lay the matter over and states the reasons therefore. If you have any questions, please don't hesitate to contact me. Very truly yours, i�'� hG✓vlt Peter W. Warner Assistant City Attorney OFFICE OF TEIE CITY ATTORNEY � Clayton M Robinson, Jr., Ciry Attorney `,Q -({�q ^� CiviZDivision 400 City Hall Telephone: 657 266-87I0 IS 4VestKeZloggBFvd Facsimile: 65I298-5619 Saint Paul, ATinnesota 55702 PWWJrmb Enclosure �ta-��`t�- GREEN SHEET Peter Warner 1YN�[ Fpt RWT1116 ORO6t TOTAL # OF SIGNATURE PAGES � ,-�e a No i ��?23 ancauea ❑ alYAii0R1EY ❑ dtYCLi1tK ❑ NMMCYLfptNCFfOR ❑ NYMCYLiFRVlACCT6 ❑ WYdl1�Y9sGMi) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Continuing the appeal of Greg and Carol Clark, Patricia Leonard, and Laurel Frost from the decision in Heritage Preservation Resolution No. 3654 and laying over until such time as all regulatory determinations necessary for the proposed project at 420 Portland Avenue shall have been acted upon by the appropriate City department, board or commission. �ger City Council action on September 22, 1999) PLANNING COMMISSION CIB CAMMITTEE CML SERVICE COMMISSION 1+ae mic aere«�firm e�. xwked unde. a cono-aa ror mis aepartmeon ves rio Hes mis oersoMim e�er been a aty empoyee9 YES NO Does this Pereo�M�m P� a sidN not namaNYP�� M�Y cunert alY �Pb'Yee7 YES NQ Is Min Pcveonlfirtn a taryeted �entloYl YES NO 173»:IN97�7 AMOUNT OF TRAti5ACT10N ! COStIREVQlUE BU06E[ED (CIRCIE ONEj YEt NO I�['illi[;I�'_� Ty.7 INFORMATDN (E%PWN) OFFICE OP LICENSE, INSPECITONS AND ENVIILONMENTAL PROTECTION Rober! Kessler, Director CITY OF SA1NT PAUL Norm Coleman, Mayor 27 August 1999 Ms. Nancy Anderson Assistant Secretary to the City Council 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: LOY7RYPROFESSIONAL BUILDING Suite 300 350 St. Peter Street Saint Paul, M'mnesota 55102-151 D o� 0.— t,r� q r� � Teiephone: b51-266-9090 Facsimile: 657-266-9099 � � � �. ��Qp� ,v � � `_ V, l .vr-`�-� � ,-�� f`-^�-Y-�-- � ��--�.'�� I would like to request that a public heazing before the City Council bc ��"�'`-"" c�' a,a. )��' September 22, 1999 for the following appeal of a Heritage Preservatio Appellants: Tricia Leonazd, Csreg and Cazol Clark, and Laurel Frost HPC Fi1e: #3654 Purpose: Appeal a Heritage Preservation Commission decision to grant approval of a building permit to construct a structure with one dwelling unit and four garage stalls (proposed by Ronald Severson). Address: 420 Portland Avenue (south side between Summit and Arundel) The Heritage Preservation Commission held a public heazing on this matter on June 24, 1999 and voted 7- 0 on July 22, 1999 to approve the requested permit. This City Council public hearing does not require published notice. Please call me at 266-9078 if you have any questions. Sincerely, ��.�, U '+�'bv�`LU�.v Aazon Rubenstein Heritage Preservation Planner cc: Robert Kessler, LIEP Peter Warner, CAO John Miller Ron Severson Mazk Vaught OFFICE OF LTCENSE, INSPEC770NS AND ENVtRONMENTAL PROTEC7ION Roberr Kesrler, Drrectos • CITY OF SA1NT PAUL Norm Colemars, Mayor 16 September 1999 Ms. Nancy Anderson Assistant Secretary to the City Council 310 City Hall Saint Paul, Minnesota 55102 RE: 420 Portland Avenue / HPC File #3654 City Council Heazing: 22 September 1999 °lR -14�� Telepiwne: 651-2669090 Facsimik: 657-166-9099 PURPOSE: To consider an appeal of the Heritage Preservation Commission's approval of a building permit to construct a new single family dwelling at 420 Portland Avenue. IAWRYPROFFSSIONAL BUILDING Snite 300 350 St. Peter Street Saint Pau� Mirnesom 55102-I510 HERITAGE PRESERVATTON COD�vIISSION ACTION• Approval. � SUPPORT: One person spoke. OPPOSITION: One person spoke. Dear Ms. Anderson: \ J Greg and Cazol Clazk, Patricia Leonazd, and Laurel Frost have appealed the decision of the Heritage Preservation Commission to grant approval of Ronald Severson's building permit application to construct a new single family dwelling at 420 Portland Avenue in the Historic Hill Heritage Preservation District. The Heritage Preservation Commission held a public hearing on the permit application on June 24, 1999 at which time the properiy owner, Mr. Severson, and the appellants' attorney, Mark Vaught, addressed the commission. The commission a) voted 9-1 to approve the permit app]ication following the close of the public hearing and b) voted 7-0 at the following month's HPC meeting to pass a resolution granting approval of the requested building permit, The commission's findings aze stated in its resolution, which is attached. The commission found that ffie hvo building schemes proposed by Mr. Severson aze very similar to the plan approved by ihe HPC in 1997. This appeal is scheduled to be heard by the City Council on September 22,1999. I haue attached pertinent information. Siides and photographs of the site wilS be available at the Council meeting if Councilmembers wish to view them. The grounds for the appeal, stated in Mr. VaughYs August 4, 1999 letter of appeal, are that the FIPC approval "is not in concert with the provisions of Chapter 13 of the Saint Paul Legislative Code (which creates and govems the HPCJ, is prematwe, vioiates my clients' due process righu, and approves an illegal use of tfie properry." Ms. Nancy Anderson Re: HPC Appeal Concerning 420 Portland Avenue 16 September 1999 Page Two Mr. Severson's proposed development of tfie Iot at 420 Portland Avenue has been the subject of several previous City Councit reviews, i.e., appeal of the 1997 HPC approval, appeal of a BZA decision, and a tfiird appeal concerning site plan approval and validity of the lot spiit. The two building schemes now proposed by Mr. Severson are variafions on the plan approved by the HPC in 1997 and approved, on appeal, by a 6-0 City Council vote in 1998. Sincerely, �� -��y� Aaron Rubenstein Heritage Preservation P2anner Attachments cc: City Councilmembers Robert Kessler, LIEP Peter Wamer, CAO Ronald Severson John Miller Mazk Vaught Greg and Carol Clazk Patricia l,eonard Laucel Fmst r \ L_J • • �, S. MARK VAUGHT Atto»tet� At Lau� • Suire 700 Six Wesi Fifrk� Street Sainc Paul, Minnesota 55102-1412 (651) 297-6400 FAX (651) 224-8328 e-mail: markvaughtCwo$dnet.att.net August 4, 1999 Aaron Rubenstein, Heritage Preservation Planner City of Saint Paul, L.I.E.P. Suite 300, Lowry Proiessional Building 350 Saint Peter Street , Saint Paul, Minnesota 55102-I510 RE: Heritage Preservation File No. 3654 Dear Mr. Ruhenstein: 0.� - �o�a- � � C C7 � cn N � On behalf of my clients, Crreg and Cazol Clark, Patricia Leonard, and Laurel � Frost, please consider this letter as an appeal to the City Counci] pursuant to the provisions of the Saint Paul Legislative Code of the above-referenced resolution and the approval embodied therein, which was passed by the Heritage Preservation Commission on July 22, 1999. The grounds aze that said approval is not in concert with the provisions of Chapter 73 of the Saint Paui Legislative Code, is premature, violates my clients' due process rights, and approves an illegal use of the property. Very truly yours, +`�' j�/�- C_� S. Mark Vaught Attorne}� at Lau� � - �. :�� .�-.; CITY OF SAINT PAUL HERITAGE PRESERVATION COMNIISSION RESOLUTION FII,E NUMIiER DATE 3654 22 July 1999 WHEREAS, the Saint Paul Heritage Preservation Commissioa is authorized by Chapter ?3 of the Saint Paul I,egislative Code to review building permit applications for e�rterior alterations, new construction or demolition on or within designated Heritage Preservation Sites or Heritage Preservation Dishicts; and W�REAS, Ronald Severson has applied for a building permit to construct a single fatnily dwelling on property located at 420 Portiand Avenue within the Historic Hill Heritage Preservarion District; and WHEREAS, the proposed building site is currently used for off-street parking by residents of 415 Summit Avenue; there is a rivastall garage and unpaved driveway and pazking azeas; and WHEREAS, the Historic Hill Heritage Preservation District guidelines for design review include the following: ZII. New Construction, A. Genera! Principles: The basic principle for new construction in the Historic Hitl District is to maintain the districYs scale and quality of design. ...New construction should be compatiLle with the size, scale, massing, height, rhythm, setbacT� color, material, building elements, site design, mrd character of surrounding structures and the area. IZI. B. Marsing mrd Height. New construction should conform to the massing volume, height and scale of exisiing adjacent structures. Typical residential sm�ctures in the Historic Hill District are 25 to 40 feel high The height of new construction should be no lower than the average height of all buildings on both blockfaces; measurements should be made from street level to the highest point of the soofs. III D. Malerials and Details: ...The materials and details of new corrsiruction should relate to the materials and details ojexisling nearby buildings. Preferred roof materials are cedar shingles, slate and tile; asphcrlt shingles ivhich match the approximale color and texture of the preferred materials are acceptable substitutes. ...Materials, inctuding their cotors, will be reviewed to determine their appropriate use in relation to the overall design of the stnrcture as well ar to surrounding shucnrres, IIl. E. Building Elements: Individual elements of a building shnuld be integrated inio iu composition for a balanced and complete design. These elemenu for new constructinn should compliment existrng adjacenf structures as well. III. E. 1. Roofs: _.,The skyline or pro, file of new construction shovld relate to the predomin�mt ronfshape of existing adjacent buildings. III. E. 2. Windows and Doors: The proportion, size, rhythm cmd detailing of windows and doors in new corrsmrction should be compatible with that of exrsting adjacent buildings. ...Facade openings of the same general size as those in adjacent buildings are encouraged. ...Wooden double-Itt�ng windows are traditional in the H'utoric Hill District mrd should be the first choice when selecting new windows. . � III. E. 3. Porches muiDecks: In general, houses in fhe Hutoric �II District have roofed front • HPC Resolution: File #3654, p. 2 • aq - �Q�a, porches.... If a porch is not buiZt, the transition from private to public space should be articulated with some other suitable design element. III. F. Site, 1. Setback: New buildings should be sited at a distance not more than 5% out-of-line from the setback of existing adjacent buildings. Setbacks greater than those of adjacent buildings may be allowed in some cases. Reduced setbacks may be acceptable at corners. This happeres quite often in the Hisroric Hill area and can lend delightful variation to the sbeet. III. F. 3. Gmages and Pmking: Where alleys do not exist, garages facing the sireet or driveway curb cuts may be acceptable. Garage doors should not face the street. If this is fountl necessary, single garage doors should be used to avoid the horizontal orientation of two-car garage doors. Parking spaces should not be located in frant yards. Residential parking spaces should be located in rear ymds. ...Alt parking spaces should be adeguately screened from the street and sidewalk by landscaping; and WHER.EAS, the Saint Paul Heritage Preservation Commission, based upon the evidence presented at its June 24, 1999 public hearing on said permit application, made the fol]owing findings of fact (findings #2-4 are essentially the fmdings in HPC Resolution #2884 granting approval of the 1997 40'-buiiding scheme): • 1. The applicant seeks approva] of two designs, one a 36'-long building which requires no variances to construct and the other a 38'-long building which requires a front yazd setback variance in order to construct the building 16' from the front properiy line. The design of both schemes is very similar to the 40'-long building approved by the HPC on Mazch 27, 1997 (File #2884). The most significant differences among the tivee plans concem the site plan: the previously-approved 40' buiiding had a 19.5' front setback and two pazking spaces in the front yazd; the proposed 36' building has a 25' front setback; the pmposed 38' building has a 16' front yazd setback; and neither of the two schemes now proposed has front yazd pazking. 2. The proposed building site is a pivotal and difficult site. It is visible from Summit Avenue, it abuts Portland Avenue and a public pazk, and there are lazge buildings to the souih and west that aze close to the properry lines. This lot can be conshved as both the rear yard of the Winter House at 415 Summit Avenue and as a lot fronting on Portland Avenue. The pmposed carriage house concept is a reasonable approach to developing the pazcel for the foliowing reasons: a) the site is used for, and needs to accoaunodate, off-street pazking for residents of the Winter Aouse; h) the parcel has historically been a rear yazd, it is used as a rear yazd, and it appears as a rear yazd due to its relationship to the Winter House; c) there was historically a two-story carriage house on the site; and d) h provides a design solurion for a building that is very ciose to the Winter House in pro�mity and that is related to it in terms of form, materials, details, etc. The Winter House was built on a through-lot with Summit and Portland frontages; the recent subdivision of the site changes neither the physical relationship of the Winter House to surrounding land nor the historical nature of the site. • HPC Resolution: File #3654, p. 3 The proposed structure conforms Yo the district guidelines: � a. It would "be compatible with the size, scale, massing, height, rhythm, setback, colot, material, building elements, site design, and character of surrounding structures and the azea." b. The building elements, materials, sca]e, height, and character would be related to, but do not mimic, the adjacent Winter House. Individual design elements are integrated for a balanced and complete design. c. Though the side elevarion would not be pazallel to that of the Winter House, the sh�eet- facing elevation would be perpendiculaz to the street like those of other shuctures on flus block of Portland. d. The proposed setback from Portland is reasonable given the rear yard nature of the site, the carriage house nature of the proposed buiiding, the fact that the historic carriage house on the site was located up to the north property line, and the fact that the only ot[ier structure on the block face (the south side of Portland beriveen Westem and Arundel) is located closer to the street than wouid be the proposed structure(the existing structure is a tazge, 4-story, brick apartment building with two, rivo-story front porches located 18" from the sidewaIk while the main building wall is 12' from ihe front sidewalk}. e. A front porch would not be appropriate given the carriage house nature of the buiiding. f. Parking spaces would be adequately screened from the street and sidewatk by � tandscaping. Single garage doors would avoid the fiorizontal orientation of double doors. The nnusaal nature of The building and site results from the ratity of a throngh-1ot. These sorts of anomalies in design and development add richness, interest, and delight to the historic district and its chazacter. 4. In addition, the proposed structure and site developmeat confornt to flte fe,aeral Secretary of the Interior's guidelines for new constrvction on an historic siYe. The proposed buHding's design and materials are related to and compatib]e with the primary, adjacent, historic bvilding, i.e., ihe Winter House; the design distinguishes between what is new and what is historic rather Yfiaa mimics the historic structure and confuses the two; and the development wovld not have an adverse impact on the character-defining features of the site and the azea. The bui3ding's design is similu to the rear addirion of the Winter House with simplified detailing, which is appropriate for a new secondary structure. A new building of unrelated design and materials would detract from the historic integrity of the site. 5. The following projeet details shouid be noted: a. The landscape plans shown on the 36' and 38' building schemes differ, the landscape plan shown for the 38' building is the�correct one and should be shown on both sets of plans. __-� _ — b. The hedge along the driveway and at the front of the building will be aipine currant, • spaced 4.5' to 5' on center and timmed to a height of 5'. �t�t - loq2— HPC Resolution: File #3654, p. 4 • c. The p]ans call for a basement window well at the front of the building that was not proposed in the 1997 scheme. Gtiurent plans show both a 3' x 8' well with a ladder and a 4' x 8' well with a step/terrace. The 3' x 8' option is preferable for the 38' building withl6' front setback scheme; and WHEREAS, though there aze, or may be, zoning issues, legal issues, and other issues pertaining to the proposed development, they aze not within the jurisdiction of the Heritage Preservation Commission; the commission must grant or deny approval of permits based on Chapter 73 of the Saint Paul Legislative Code and the district design review guidelines; NOW, THEREFORE, BE Tl' RESOLVED, that based on the above fmdings, the Heritage Preservation Commission grants approval of a building permit for either of the two proposed schemes for a new single family dwelling located at 420 Portland Avenue, subject to the condition that the front window well shall be 3' x 8' for the 38' buiiding. MOVED BY Benton SECONDED BY Murphy IN FAVOR 7 . AGAII�iST 0 ABSTAIN 0 Decisions of the Heritage Preservation Commission are final, subject to appeal to the City Council within 14 days by anyone affected by the decision. This resolution does not obviate the need for meeting applicable building and zoning code requirements, and does not constitute approval for taz credits. • Saiat Pavl $eritage Preservation Commission Case Summary • Re: 420 Portland Avenue, Ronald Severson, Construcf new singte family dweIIing, HPC File #3654 24 Jane 2999 Rubenstein showed photograpfis and slides of the site and smrounding azea, reviewed the cover memo, and noted tfie following details: Iandscaping would include an alpine current hedge along the driveway and at tfie front, ptanted 4.5' to 5' on center and trimmed to a height of 5; new to these plans is a front window well for a basement bedroom (of rockfaced block, 3' x 8' with a ladder or 4' x 8' with a step/ terrace}; the materials and details are the same as those specified for the previously-approved plan. Errigo: why is the HPC looking at this again? Rubenstein responded. Younkin recused himself &om participating in the case. Ron Severson: bought the land in 1996. Previous City Council approval for a building on the lot did not include a variance. Asking for HPC approval of both plans; the 38' building is prefenble—it is more centered on the lot. Both proposals provide two pazking spaces for (each o fl the other three units in 415 Summit and have four single garage doors. Am willing to modify the designs if necessazy. Mervyn Hough, 436 Porfland: live in fust floor unit overlooking the site; have always assumed something would be built here. Supported the 1997 proposal and support the current proposal. I suggested the west elevation bay and like it—it adds visual interest, Severson has been very cooperative . w7th regard to the landscaping—has agreed to let aeighbors help with iu design and maintenance_ I prefer the building to be as close to the street as possible—to maximize moming sunlight to my unit Only two houses on Portland meet the required 25' front setback, which is therefore inappropriate. The rhythm of the street and neighborhood is such that a 16' front setback is preferable to a 25' setback, but I support both plans. Mark Vaught: representing Greg and Cazol Clazk, Patricia Leonazd, and Laurel Frost. I am not able to speak cogently about the project and will therefore ask for a layover. BZA did not appmve the variances for the project that the HPC appmved and, on appeal, the City Council upheld the denial. My clients have a long standing interest in tivs property; they have not had fair opportunity to address t3us issue as they did not know about Yhis meeting vnYil this pasY Tuesday after 6:00 p.m. I Imow of no affirmative obligation to notify (neighbors or afFected parties). I haven't aven had a chance to look at Yhe information. In the interest of fairaess, aad with BZA review on Iu2y 22" there need be no rush to approve or vote on the matter. Murphy asked about Yhe 60-day time limit and Heide asked about due process. Vaught: beliave the 60-day limit can be autornaticalty extended by writing a tetter to the applicant Errigo: arge everyone to focus on the design review issaes and not on other, legat issues. There was no other public t�stimony and the public heazing was ciosed. • `�R - �o�a- HPC Case Summary re: 420 Portland Avenue, File #3654 • Page Two Bellus: moved one-month Iayover (two weeks if necessary); Murphy seconded. I,arson: concemed that 30 minutes already spent and nothing anyone could say affects the design review guidelines. Heide: strongly disagree with a layover, the changes from the pJans approved in 1997 are slight The layover motion failed on a 3- 7 vote. Heide moved approval of both proposed designs; Hargens seconded. Bellus asked for separate votes on each scheme, which request was refused. The motion to grant approval of a building permit for either scLeme passed 9-1 (Bellus). summary prepazed by Aaron Rubenstein � r1 LJ OFFICE OF LICENSE, INSPECIIONS AND ENYII20NMII97AL PROTECIION Robest Keuler, Dbector Sw[Hi +1'AD L � RIIAA CITY OF SAINT PAUL Nornn Caleman, Mayor ZOiVRYPROFESSIONAL BUILDING Suite 300 350 St Peter Streer Sarru Pmr� Afouresota 55702-ISIO Te%phone: 657 26b9090. Focsimile: 651-266-9099 MEMORANDUM TO: Heritage Preservation Commission FROM: Aaron Rubenstein {�� RE: 420 Portland / File #3654 DAT'E: 21 June 1999 � � � � Ronald Severson has applied for a building permit to construct a new "carriage" house at 420 Portland Avenue, immediately west of Nathan Hale Park. Mr. Severson is seekiag HPC appmval of two schemes. One involves a 36' long bnilding with a 25' front setback; this projeet requires no vaziances. The second plan, preferred hy Mr. Severson, is a 38' long building with a 16' front setback, for which a front yazd setback variance would be needed. The Board of Zoning Appeals will review Mr. Severson's variance request on July 12, 1999. The two proposed plans aze very similar to one another and to ptans for a 40' long building with a 19.5' front setback that the HPC approved on March 27, 1997. That t 997 approval was the resalt of five meetings with the HPC: a concept review in ]uly 1995, an inforntat concept teview in November 1996, an HPC hearing in February 1997, a Design Review Committee meeting in March 1997, and approval at the Mazch 1997 HPC meeting. The FIPC approval was appealed to the City Council by some residents of the adjacent builtiing at 415 Summit Aveuue. The appeal was denied, and the HPC decision afFumed, by a 6- 0 Couacil vote on February 25, 1998. The previously approved plan and the two proposed plans are compared in �a table at the end of tfiis memo. The proposed bui]ding sita is a IIat, dirt lot used for off-street parking for the residents of 415 Summit (the E. W_ Winter House). A twastall garage was built on the !ot severai yeats ago. The 420 PorBand lot was formerly the rear yazd of 415 Summit it was split off &om the 415 Summit Iot itt 1990. Owners of the four condominiums at 415 Summit have an easement on 420 Portland which requires that two parking spaces be provided at 420 Portland for each condominium unit Mr. Severson proposes the 36' loag building be�ause it requires no variances. He prefers tfie 38' Iong building, however, for the foIlowing reasons: a) it provides more living space; b} it provides 9' wide, rather than 8.5' wide, garage spaces; c) it is sited 6' further from the Winter House, which provides more sualight to ihe residents of the building to the west at 436 Portlaad, and d} it has 9 rather than 8 pazking spaces. A revised landscape ptan is shown on the site plan for the 38' building. Tfie landscaping for a 36' building woutd be similaz to U�at shown on the plan for tfie 38' buitding and not as shown on the site plan for the 36' building. � • �� — tc�4 2— • i HPC, 6.21.99, re: 420 Portland Av., p. 2 The previously approved plan had a 19.5' front setback and two pazking spaces in the front yud, one of which was d'uectly in front of the building. The proposed 38' building has a 16' front setback and puts the ninth pazking space behind the building rather than in front of it. To the west of the subject site is a lazge, four story, brick aparmient buiiding at 436-38 Fortland. The &ont wall of the building is set back approacimately 12' from the sidewalk and the two, twastory porches aze setback 18" from the sidewalk. This is fhe only building on the south side of Portland between SummitlWestem and Arundel. Please see the attached HPC resolution approving the 40' long building (File #2884) for relevant portions of the Historic Hill district guidelines pertaining to new construction. ISSLIE front setback distance from 415 Summit roofline (all schemes have same appro�cimate height) east elevation west elevation north and south elevarions—same all schemes # pazking spaces front yard pazking 420 PORTLAND AVENUE COMPARISON OF THE TFIREE SCHEMES APPROVED 40' SCHEME PROPOSED 36' SCHEME PROPOSED 38' SCHEME 19.5' 10' 25' 10' 8l12 hip 10/12 truncated hip (flat deck at center) 4 windows, paired 3 singie windows 4 windows, no bay � 2 spaces 7 windows, bay 8 none 16' 16' 10/12 truncated hip (flat deck at center) 4 single windows 7 windows, bay 0 none r� LJ DEPARTMENT GENERAL BUILDING PERMIT` CITY OP SAINT PAUI I CI'I'Y OF SAINT PAUL �-i�•�� OFFICE OF LICEPiSE, INSPECT1pNS AhD � -- ENVIRONIvIENiALPROTECITON ( BUILDINGlNSPEC770NANDDE9GN � 350 St Pe�er Street - Suite 300 - � �� Saint Paul, Minnesota 55102-1510 65I-266-9090 � �<:GI� �_/I' I? �iY'�� r ^- -+P PLAN NO. DESCRI tON OF PRO ECT, � ^ �{ -- �+� DATE— � �'�' �J�'1 OWNER�iI'±�t1�J� J, 1PiJ2�b2� OWNERS ADDRESS `�`�S cYLfl�/l1�T #� � �. � Yy'.V � !60'+ ❑ OLD t TYPE OF Q'�EW TYPE CONST. �%DC 0 OCCUPANCY� /c •�� GRADING STUGCO OR C� BUILO ❑ AND EXC. ❑ PLASTER ❑ DRYWAIL ❑ FENCE 7DITtpN tJALTER _ [JR 78ER 57REET. � ` �� AD LOT BLOCK 1 � — �/. WIOTH LOT �� L � d C' 5'fRUC- wiDrH TURE �71 ES ?tMATE O VA �/�v�C�Dv R C] MOVE OR TI Y -^ M SIDE LOT CLEARANCE g� , l �� ^�-+� -, FqOh r �� a5 IENGTH MEIGHT 3G � �� q'! ..-�ar ��-� a � rr�a�iwKC�-�z�a(.iLa!GtQ�S/� �JZllf.i�L� � ' A • s . � +:I ARCNITECT CONTRACTOR MASONRY YEHMi7 FEE ►(.AN CFIECK STATE SURGMAqGE STATE VALUATION NG LINE RE41 h� � STORIES � ❑ N� I SG. FT. 'a/�GSU � — I INCLUOEBASEMENT �� TOTAL FEE ' APPIICANT CERTIFtES THAT ALL iN- FORMATION IS CARRECT qND THAT ALL PERTINENT STATE REGULATIONS AND CITY ORDINANCES WILL BE COM- P-CIEQ-WET.H.tMPER�QES{yt(IVG 7HE N,ORK POfi WHICH THI�PERMIT IS i$SOE�. ►bd�-� CASMIER USE ONLV ' WHEN VAIIDATED TMIS IS YOUR PERMIT ADDRESS , /� ��/�� ` �1p�, OF JOB `t /'!1 � � r 3 u��■ r�c �� . — a l v� • i / ♦ 7 • �- (7 �Q � ¢ '� LHUqGH - ME _? COOQ�o O ��u-y �V. T' 1 C'70•....� ��0�� • • �■.■li �� !.I �� J � O� � �s �� (STUtZ-I � - ( I D I 5� �=(,�! ► � O 47 a O �' ° � � � 6p o �o 0 ¢ O O O O¢ O Q02Yt�rVD �4�. _ . $ITE -7, - �O �-� _¢ J 0 0 �``�' Z O � O � ¢ O a �(�t�t� - � �2Tla4�l7 s� �� 0 0 � -� o � � o z � c� ��+� > Q i � \ � � �.-� fi� � � � .: `- ,C ' `' �� 5 � o� �P% �Zo APPLICANT �""�"' `�� 7C-V �� PURPOSESICV C/{�2��YE TTD�SG FILE #��.� �� DATE PLNG. DIST�_ MAP # � � SCAIE 1' = 240' IEGEND ,�� hpc �strict boundary //��/////. . - . .. - 0 one famiiy � iwo tamity 'j„1¢ Q muftipfe famify �a� � � C o ° � �R Lnorth� .�... • . r+ commercial ♦ �� industriai V vacarn _ . . `?� OL� June 16,1999 Memo To: From: Re: Aaron Rubenst i, Her tage Preservation Commission Ron Severson , bz�. �� 420 Portland Avenue Carriage House I am enclosing two copies of the elevations and site plans for the 38 foot carriage house with the request that this pian be considered for approval at the June 24`�' meeting of the commission. I believe you now have copies of the elevations and site plans for the 40 foot carriage house which was previously approved, the revised 36 foot house which needs no variance and the enclosed 38 foot house which will be considered for a variance at the July 12`� meeting of the zoning board. It is my hope that both of the plans under consideration can be approved at the June commission meeting so that I would be in a position to proceed with construction whether or not the zoning board approves the requested variance. Please call me if you need additional information. � W L C a '� N N � i -�iC • � _ ______. �:t�,. w.V...� .. ..... ... --�--�--`-'_ �^'--^.��i._'^� ... . ... ..:.... _ _ . - .. . . . . .. .: .: st � - - :'..:, ' ' _ . ,:. ' c —_ . -, . � -: � �. ._ . a. . � _ ' i..._., � -_ . . ".._ .. .: . . . . ..� ' � , . . . _ _ " "'�_ _' _ _ ..;...� .. . . . - . . �.,. , - _ '_'_.. _ . � _. 4 , __- " _ --..__._. . � r � - � .. -_. _ _ - - -- t�'ga- , , ., _ . �=-=---�- • ------�- - _ _ _ - --- - _ _-r, ` - . : =�= --- ----:-- - - ----- -- : �_ -�- . .. - - — -r-. - b • - — --- - -- �—,--�_- = - • -'_�_--��, �_- _-` - _ � �'N=Ad � N2i31S3M- __ ',sg�1_�---�-=-=- � � � � , _ i ---� �.-1-_�_i�. 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W C/) O 11 ia h ` • �I I `tR - t�ia-- � s C� W > a O � � C a 0 < � a �. � � � N a Z O }- 4 > w J L'J i-�- tJ �� H � Q Z f: ► ORIGINAL Council File # g� l Oq a„ Green Sheet # l oo� a 3 RESOLUTION Presented By � • t '� II � • 114/ ( a�� /!// � �o Refened To Committee: Date 2 WHEREAS, a public hearing was duly set for September 22, 1999, before the Council of 3 the City of Saint Paul (Council) for the purposes of considering appeals by Greg and Carol Clark, 4 Patricia Leonazd and Laurel Frost from a decision of tbe Heritage Preservation Commission 5 (HPC) in HPC Resolution No. 3654 approving a building permit application to construct a new, 6 single-family, dwelling within the Historic Hill Heritage Preservation District on properiy 7 commonly known as 420 Portland Avenue; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Council deternuned that the proposed single family dwelling may need additional regulatory determinafions (including site plan review and approval or other variances) before construction can begin; and WHEREAS, the Council finds that it is appropriate and efficient to first finalize all such determinations necessary for the proposed single family dwelling so that in the event an appeal is taken from any determination, the appeal(s) may be consolidated into a single public hearing before the Council; NOW, THEREFORE, BE IT IiESOLVED, in the interest of Council efficiency, the appeal of Crreg and Carol Clark, Patricia Leonard and Laurel Frost from the decision in I3PC Resolution No. 3654 is continued and laid over until such time as all regulatory determinations necessary for the proposed project at 420 Portland Avenue shall haue been acted upon by the appropriate city department, board or commission; AND, BE IT, FURTHER RESOLVED, that once all regulatory determinations have been made and if any are appealed, a11 appeals shall be consolidated with the appeal of HPC Resolution No. 3654 and reset, with written notice to affected parties, before the Councii for public hearing; AND, BE IT, �l9-109� Fi3RTHER RESOLVED, that if no appeals are taken from any remaining deternvnation, the public heating on HI'C Resolution No. 3654 shall be reopened with new notice to the affected parties of record as of August 4, 1999: AND, BE IT FINALLY RESOLVED, tUat a copy of this resolution shall be mailed to Ronald Severson, Greg and Carol Clark, Patricia Leonard, Laurel Frost, Mark Vaught, Esq, John Miller, Esq., the Board of Zoning Appeals, the Heritage Preservation Commission and the Department of License, Inspecrions and Environmental Protection. dRIGINAL Aequested by Department of: By: Fosm App�r �f d by City Attorney By_ [/!�/.G✓WiW /v/�?r`l'� Approved by Mayor Eor Submission to Conncil By: — �-. /�/ / BY: Approved by Mayor: Date 1// / ILLGL� By: Adopted by Covncil: Date �___. 1�� iq Adoption Certified by Council Secretaxy CITY OF SAINT PAUL Norm Co[eman, Mayor October 14, 1999 Nancy Anderson Council Secretary 310 Ciry Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: 420 Portland AvenueiHPC File No. 3654 Appeal by Greg and Cazol Clazk, et a1. City Council Action Date: September 22, 1999 Dear Ms. Anderson: V��u.��e� �:Gi��_�.n» �'J�?t,.r � �'� �� ad� Would you please place the attached original resolution on the next ava3lable council consent agenda. As you recall, Council laid this matter over until such tnne as all regulatory determinations with respect to the proposed construction of a single family dwelling at 420 Portland Avenue had been resolved. This resolution is designed to memorialize the Council's decision to lay the matter over and states the reasons therefore. If you have any questions, please don't hesitate to contact me. Very truly yours, i�'� hG✓vlt Peter W. Warner Assistant City Attorney OFFICE OF TEIE CITY ATTORNEY � Clayton M Robinson, Jr., Ciry Attorney `,Q -({�q ^� CiviZDivision 400 City Hall Telephone: 657 266-87I0 IS 4VestKeZloggBFvd Facsimile: 65I298-5619 Saint Paul, ATinnesota 55702 PWWJrmb Enclosure �ta-��`t�- GREEN SHEET Peter Warner 1YN�[ Fpt RWT1116 ORO6t TOTAL # OF SIGNATURE PAGES � ,-�e a No i ��?23 ancauea ❑ alYAii0R1EY ❑ dtYCLi1tK ❑ NMMCYLfptNCFfOR ❑ NYMCYLiFRVlACCT6 ❑ WYdl1�Y9sGMi) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Continuing the appeal of Greg and Carol Clark, Patricia Leonard, and Laurel Frost from the decision in Heritage Preservation Resolution No. 3654 and laying over until such time as all regulatory determinations necessary for the proposed project at 420 Portland Avenue shall have been acted upon by the appropriate City department, board or commission. �ger City Council action on September 22, 1999) PLANNING COMMISSION CIB CAMMITTEE CML SERVICE COMMISSION 1+ae mic aere«�firm e�. xwked unde. a cono-aa ror mis aepartmeon ves rio Hes mis oersoMim e�er been a aty empoyee9 YES NO Does this Pereo�M�m P� a sidN not namaNYP�� M�Y cunert alY �Pb'Yee7 YES NQ Is Min Pcveonlfirtn a taryeted �entloYl YES NO 173»:IN97�7 AMOUNT OF TRAti5ACT10N ! COStIREVQlUE BU06E[ED (CIRCIE ONEj YEt NO I�['illi[;I�'_� Ty.7 INFORMATDN (E%PWN) OFFICE OP LICENSE, INSPECITONS AND ENVIILONMENTAL PROTECTION Rober! Kessler, Director CITY OF SA1NT PAUL Norm Coleman, Mayor 27 August 1999 Ms. Nancy Anderson Assistant Secretary to the City Council 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: LOY7RYPROFESSIONAL BUILDING Suite 300 350 St. Peter Street Saint Paul, M'mnesota 55102-151 D o� 0.— t,r� q r� � Teiephone: b51-266-9090 Facsimile: 657-266-9099 � � � �. ��Qp� ,v � � `_ V, l .vr-`�-� � ,-�� f`-^�-Y-�-- � ��--�.'�� I would like to request that a public heazing before the City Council bc ��"�'`-"" c�' a,a. )��' September 22, 1999 for the following appeal of a Heritage Preservatio Appellants: Tricia Leonazd, Csreg and Cazol Clark, and Laurel Frost HPC Fi1e: #3654 Purpose: Appeal a Heritage Preservation Commission decision to grant approval of a building permit to construct a structure with one dwelling unit and four garage stalls (proposed by Ronald Severson). Address: 420 Portland Avenue (south side between Summit and Arundel) The Heritage Preservation Commission held a public heazing on this matter on June 24, 1999 and voted 7- 0 on July 22, 1999 to approve the requested permit. This City Council public hearing does not require published notice. Please call me at 266-9078 if you have any questions. Sincerely, ��.�, U '+�'bv�`LU�.v Aazon Rubenstein Heritage Preservation Planner cc: Robert Kessler, LIEP Peter Warner, CAO John Miller Ron Severson Mazk Vaught OFFICE OF LTCENSE, INSPEC770NS AND ENVtRONMENTAL PROTEC7ION Roberr Kesrler, Drrectos • CITY OF SA1NT PAUL Norm Colemars, Mayor 16 September 1999 Ms. Nancy Anderson Assistant Secretary to the City Council 310 City Hall Saint Paul, Minnesota 55102 RE: 420 Portland Avenue / HPC File #3654 City Council Heazing: 22 September 1999 °lR -14�� Telepiwne: 651-2669090 Facsimik: 657-166-9099 PURPOSE: To consider an appeal of the Heritage Preservation Commission's approval of a building permit to construct a new single family dwelling at 420 Portland Avenue. IAWRYPROFFSSIONAL BUILDING Snite 300 350 St. Peter Street Saint Pau� Mirnesom 55102-I510 HERITAGE PRESERVATTON COD�vIISSION ACTION• Approval. � SUPPORT: One person spoke. OPPOSITION: One person spoke. Dear Ms. Anderson: \ J Greg and Cazol Clazk, Patricia Leonazd, and Laurel Frost have appealed the decision of the Heritage Preservation Commission to grant approval of Ronald Severson's building permit application to construct a new single family dwelling at 420 Portland Avenue in the Historic Hill Heritage Preservation District. The Heritage Preservation Commission held a public hearing on the permit application on June 24, 1999 at which time the properiy owner, Mr. Severson, and the appellants' attorney, Mark Vaught, addressed the commission. The commission a) voted 9-1 to approve the permit app]ication following the close of the public hearing and b) voted 7-0 at the following month's HPC meeting to pass a resolution granting approval of the requested building permit, The commission's findings aze stated in its resolution, which is attached. The commission found that ffie hvo building schemes proposed by Mr. Severson aze very similar to the plan approved by ihe HPC in 1997. This appeal is scheduled to be heard by the City Council on September 22,1999. I haue attached pertinent information. Siides and photographs of the site wilS be available at the Council meeting if Councilmembers wish to view them. The grounds for the appeal, stated in Mr. VaughYs August 4, 1999 letter of appeal, are that the FIPC approval "is not in concert with the provisions of Chapter 13 of the Saint Paul Legislative Code (which creates and govems the HPCJ, is prematwe, vioiates my clients' due process righu, and approves an illegal use of tfie properry." Ms. Nancy Anderson Re: HPC Appeal Concerning 420 Portland Avenue 16 September 1999 Page Two Mr. Severson's proposed development of tfie Iot at 420 Portland Avenue has been the subject of several previous City Councit reviews, i.e., appeal of the 1997 HPC approval, appeal of a BZA decision, and a tfiird appeal concerning site plan approval and validity of the lot spiit. The two building schemes now proposed by Mr. Severson are variafions on the plan approved by the HPC in 1997 and approved, on appeal, by a 6-0 City Council vote in 1998. Sincerely, �� -��y� Aaron Rubenstein Heritage Preservation P2anner Attachments cc: City Councilmembers Robert Kessler, LIEP Peter Wamer, CAO Ronald Severson John Miller Mazk Vaught Greg and Carol Clazk Patricia l,eonard Laucel Fmst r \ L_J • • �, S. MARK VAUGHT Atto»tet� At Lau� • Suire 700 Six Wesi Fifrk� Street Sainc Paul, Minnesota 55102-1412 (651) 297-6400 FAX (651) 224-8328 e-mail: markvaughtCwo$dnet.att.net August 4, 1999 Aaron Rubenstein, Heritage Preservation Planner City of Saint Paul, L.I.E.P. Suite 300, Lowry Proiessional Building 350 Saint Peter Street , Saint Paul, Minnesota 55102-I510 RE: Heritage Preservation File No. 3654 Dear Mr. Ruhenstein: 0.� - �o�a- � � C C7 � cn N � On behalf of my clients, Crreg and Cazol Clark, Patricia Leonard, and Laurel � Frost, please consider this letter as an appeal to the City Counci] pursuant to the provisions of the Saint Paul Legislative Code of the above-referenced resolution and the approval embodied therein, which was passed by the Heritage Preservation Commission on July 22, 1999. The grounds aze that said approval is not in concert with the provisions of Chapter 73 of the Saint Paui Legislative Code, is premature, violates my clients' due process rights, and approves an illegal use of the property. Very truly yours, +`�' j�/�- C_� S. Mark Vaught Attorne}� at Lau� � - �. :�� .�-.; CITY OF SAINT PAUL HERITAGE PRESERVATION COMNIISSION RESOLUTION FII,E NUMIiER DATE 3654 22 July 1999 WHEREAS, the Saint Paul Heritage Preservation Commissioa is authorized by Chapter ?3 of the Saint Paul I,egislative Code to review building permit applications for e�rterior alterations, new construction or demolition on or within designated Heritage Preservation Sites or Heritage Preservation Dishicts; and W�REAS, Ronald Severson has applied for a building permit to construct a single fatnily dwelling on property located at 420 Portiand Avenue within the Historic Hill Heritage Preservarion District; and WHEREAS, the proposed building site is currently used for off-street parking by residents of 415 Summit Avenue; there is a rivastall garage and unpaved driveway and pazking azeas; and WHEREAS, the Historic Hill Heritage Preservation District guidelines for design review include the following: ZII. New Construction, A. Genera! Principles: The basic principle for new construction in the Historic Hitl District is to maintain the districYs scale and quality of design. ...New construction should be compatiLle with the size, scale, massing, height, rhythm, setbacT� color, material, building elements, site design, mrd character of surrounding structures and the area. IZI. B. Marsing mrd Height. New construction should conform to the massing volume, height and scale of exisiing adjacent structures. Typical residential sm�ctures in the Historic Hill District are 25 to 40 feel high The height of new construction should be no lower than the average height of all buildings on both blockfaces; measurements should be made from street level to the highest point of the soofs. III D. Malerials and Details: ...The materials and details of new corrsiruction should relate to the materials and details ojexisling nearby buildings. Preferred roof materials are cedar shingles, slate and tile; asphcrlt shingles ivhich match the approximale color and texture of the preferred materials are acceptable substitutes. ...Materials, inctuding their cotors, will be reviewed to determine their appropriate use in relation to the overall design of the stnrcture as well ar to surrounding shucnrres, IIl. E. Building Elements: Individual elements of a building shnuld be integrated inio iu composition for a balanced and complete design. These elemenu for new constructinn should compliment existrng adjacenf structures as well. III. E. 1. Roofs: _.,The skyline or pro, file of new construction shovld relate to the predomin�mt ronfshape of existing adjacent buildings. III. E. 2. Windows and Doors: The proportion, size, rhythm cmd detailing of windows and doors in new corrsmrction should be compatible with that of exrsting adjacent buildings. ...Facade openings of the same general size as those in adjacent buildings are encouraged. ...Wooden double-Itt�ng windows are traditional in the H'utoric Hill District mrd should be the first choice when selecting new windows. . � III. E. 3. Porches muiDecks: In general, houses in fhe Hutoric �II District have roofed front • HPC Resolution: File #3654, p. 2 • aq - �Q�a, porches.... If a porch is not buiZt, the transition from private to public space should be articulated with some other suitable design element. III. F. Site, 1. Setback: New buildings should be sited at a distance not more than 5% out-of-line from the setback of existing adjacent buildings. Setbacks greater than those of adjacent buildings may be allowed in some cases. Reduced setbacks may be acceptable at corners. This happeres quite often in the Hisroric Hill area and can lend delightful variation to the sbeet. III. F. 3. Gmages and Pmking: Where alleys do not exist, garages facing the sireet or driveway curb cuts may be acceptable. Garage doors should not face the street. If this is fountl necessary, single garage doors should be used to avoid the horizontal orientation of two-car garage doors. Parking spaces should not be located in frant yards. Residential parking spaces should be located in rear ymds. ...Alt parking spaces should be adeguately screened from the street and sidewalk by landscaping; and WHER.EAS, the Saint Paul Heritage Preservation Commission, based upon the evidence presented at its June 24, 1999 public hearing on said permit application, made the fol]owing findings of fact (findings #2-4 are essentially the fmdings in HPC Resolution #2884 granting approval of the 1997 40'-buiiding scheme): • 1. The applicant seeks approva] of two designs, one a 36'-long building which requires no variances to construct and the other a 38'-long building which requires a front yazd setback variance in order to construct the building 16' from the front properiy line. The design of both schemes is very similar to the 40'-long building approved by the HPC on Mazch 27, 1997 (File #2884). The most significant differences among the tivee plans concem the site plan: the previously-approved 40' buiiding had a 19.5' front setback and two pazking spaces in the front yazd; the proposed 36' building has a 25' front setback; the pmposed 38' building has a 16' front yazd setback; and neither of the two schemes now proposed has front yazd pazking. 2. The proposed building site is a pivotal and difficult site. It is visible from Summit Avenue, it abuts Portland Avenue and a public pazk, and there are lazge buildings to the souih and west that aze close to the properry lines. This lot can be conshved as both the rear yard of the Winter House at 415 Summit Avenue and as a lot fronting on Portland Avenue. The pmposed carriage house concept is a reasonable approach to developing the pazcel for the foliowing reasons: a) the site is used for, and needs to accoaunodate, off-street pazking for residents of the Winter Aouse; h) the parcel has historically been a rear yazd, it is used as a rear yazd, and it appears as a rear yazd due to its relationship to the Winter House; c) there was historically a two-story carriage house on the site; and d) h provides a design solurion for a building that is very ciose to the Winter House in pro�mity and that is related to it in terms of form, materials, details, etc. The Winter House was built on a through-lot with Summit and Portland frontages; the recent subdivision of the site changes neither the physical relationship of the Winter House to surrounding land nor the historical nature of the site. • HPC Resolution: File #3654, p. 3 The proposed structure conforms Yo the district guidelines: � a. It would "be compatible with the size, scale, massing, height, rhythm, setback, colot, material, building elements, site design, and character of surrounding structures and the azea." b. The building elements, materials, sca]e, height, and character would be related to, but do not mimic, the adjacent Winter House. Individual design elements are integrated for a balanced and complete design. c. Though the side elevarion would not be pazallel to that of the Winter House, the sh�eet- facing elevation would be perpendiculaz to the street like those of other shuctures on flus block of Portland. d. The proposed setback from Portland is reasonable given the rear yard nature of the site, the carriage house nature of the proposed buiiding, the fact that the historic carriage house on the site was located up to the north property line, and the fact that the only ot[ier structure on the block face (the south side of Portland beriveen Westem and Arundel) is located closer to the street than wouid be the proposed structure(the existing structure is a tazge, 4-story, brick apartment building with two, rivo-story front porches located 18" from the sidewaIk while the main building wall is 12' from ihe front sidewalk}. e. A front porch would not be appropriate given the carriage house nature of the buiiding. f. Parking spaces would be adequately screened from the street and sidewatk by � tandscaping. Single garage doors would avoid the fiorizontal orientation of double doors. The nnusaal nature of The building and site results from the ratity of a throngh-1ot. These sorts of anomalies in design and development add richness, interest, and delight to the historic district and its chazacter. 4. In addition, the proposed structure and site developmeat confornt to flte fe,aeral Secretary of the Interior's guidelines for new constrvction on an historic siYe. The proposed buHding's design and materials are related to and compatib]e with the primary, adjacent, historic bvilding, i.e., ihe Winter House; the design distinguishes between what is new and what is historic rather Yfiaa mimics the historic structure and confuses the two; and the development wovld not have an adverse impact on the character-defining features of the site and the azea. The bui3ding's design is similu to the rear addirion of the Winter House with simplified detailing, which is appropriate for a new secondary structure. A new building of unrelated design and materials would detract from the historic integrity of the site. 5. The following projeet details shouid be noted: a. The landscape plans shown on the 36' and 38' building schemes differ, the landscape plan shown for the 38' building is the�correct one and should be shown on both sets of plans. __-� _ — b. The hedge along the driveway and at the front of the building will be aipine currant, • spaced 4.5' to 5' on center and timmed to a height of 5'. �t�t - loq2— HPC Resolution: File #3654, p. 4 • c. The p]ans call for a basement window well at the front of the building that was not proposed in the 1997 scheme. Gtiurent plans show both a 3' x 8' well with a ladder and a 4' x 8' well with a step/terrace. The 3' x 8' option is preferable for the 38' building withl6' front setback scheme; and WHEREAS, though there aze, or may be, zoning issues, legal issues, and other issues pertaining to the proposed development, they aze not within the jurisdiction of the Heritage Preservation Commission; the commission must grant or deny approval of permits based on Chapter 73 of the Saint Paul Legislative Code and the district design review guidelines; NOW, THEREFORE, BE Tl' RESOLVED, that based on the above fmdings, the Heritage Preservation Commission grants approval of a building permit for either of the two proposed schemes for a new single family dwelling located at 420 Portland Avenue, subject to the condition that the front window well shall be 3' x 8' for the 38' buiiding. MOVED BY Benton SECONDED BY Murphy IN FAVOR 7 . AGAII�iST 0 ABSTAIN 0 Decisions of the Heritage Preservation Commission are final, subject to appeal to the City Council within 14 days by anyone affected by the decision. This resolution does not obviate the need for meeting applicable building and zoning code requirements, and does not constitute approval for taz credits. • Saiat Pavl $eritage Preservation Commission Case Summary • Re: 420 Portland Avenue, Ronald Severson, Construcf new singte family dweIIing, HPC File #3654 24 Jane 2999 Rubenstein showed photograpfis and slides of the site and smrounding azea, reviewed the cover memo, and noted tfie following details: Iandscaping would include an alpine current hedge along the driveway and at tfie front, ptanted 4.5' to 5' on center and trimmed to a height of 5; new to these plans is a front window well for a basement bedroom (of rockfaced block, 3' x 8' with a ladder or 4' x 8' with a step/ terrace}; the materials and details are the same as those specified for the previously-approved plan. Errigo: why is the HPC looking at this again? Rubenstein responded. Younkin recused himself &om participating in the case. Ron Severson: bought the land in 1996. Previous City Council approval for a building on the lot did not include a variance. Asking for HPC approval of both plans; the 38' building is prefenble—it is more centered on the lot. Both proposals provide two pazking spaces for (each o fl the other three units in 415 Summit and have four single garage doors. Am willing to modify the designs if necessazy. Mervyn Hough, 436 Porfland: live in fust floor unit overlooking the site; have always assumed something would be built here. Supported the 1997 proposal and support the current proposal. I suggested the west elevation bay and like it—it adds visual interest, Severson has been very cooperative . w7th regard to the landscaping—has agreed to let aeighbors help with iu design and maintenance_ I prefer the building to be as close to the street as possible—to maximize moming sunlight to my unit Only two houses on Portland meet the required 25' front setback, which is therefore inappropriate. The rhythm of the street and neighborhood is such that a 16' front setback is preferable to a 25' setback, but I support both plans. Mark Vaught: representing Greg and Cazol Clazk, Patricia Leonazd, and Laurel Frost. I am not able to speak cogently about the project and will therefore ask for a layover. BZA did not appmve the variances for the project that the HPC appmved and, on appeal, the City Council upheld the denial. My clients have a long standing interest in tivs property; they have not had fair opportunity to address t3us issue as they did not know about Yhis meeting vnYil this pasY Tuesday after 6:00 p.m. I Imow of no affirmative obligation to notify (neighbors or afFected parties). I haven't aven had a chance to look at Yhe information. In the interest of fairaess, aad with BZA review on Iu2y 22" there need be no rush to approve or vote on the matter. Murphy asked about Yhe 60-day time limit and Heide asked about due process. Vaught: beliave the 60-day limit can be autornaticalty extended by writing a tetter to the applicant Errigo: arge everyone to focus on the design review issaes and not on other, legat issues. There was no other public t�stimony and the public heazing was ciosed. • `�R - �o�a- HPC Case Summary re: 420 Portland Avenue, File #3654 • Page Two Bellus: moved one-month Iayover (two weeks if necessary); Murphy seconded. I,arson: concemed that 30 minutes already spent and nothing anyone could say affects the design review guidelines. Heide: strongly disagree with a layover, the changes from the pJans approved in 1997 are slight The layover motion failed on a 3- 7 vote. Heide moved approval of both proposed designs; Hargens seconded. Bellus asked for separate votes on each scheme, which request was refused. The motion to grant approval of a building permit for either scLeme passed 9-1 (Bellus). summary prepazed by Aaron Rubenstein � r1 LJ OFFICE OF LICENSE, INSPECIIONS AND ENYII20NMII97AL PROTECIION Robest Keuler, Dbector Sw[Hi +1'AD L � RIIAA CITY OF SAINT PAUL Nornn Caleman, Mayor ZOiVRYPROFESSIONAL BUILDING Suite 300 350 St Peter Streer Sarru Pmr� Afouresota 55702-ISIO Te%phone: 657 26b9090. Focsimile: 651-266-9099 MEMORANDUM TO: Heritage Preservation Commission FROM: Aaron Rubenstein {�� RE: 420 Portland / File #3654 DAT'E: 21 June 1999 � � � � Ronald Severson has applied for a building permit to construct a new "carriage" house at 420 Portland Avenue, immediately west of Nathan Hale Park. Mr. Severson is seekiag HPC appmval of two schemes. One involves a 36' long bnilding with a 25' front setback; this projeet requires no vaziances. The second plan, preferred hy Mr. Severson, is a 38' long building with a 16' front setback, for which a front yazd setback variance would be needed. The Board of Zoning Appeals will review Mr. Severson's variance request on July 12, 1999. The two proposed plans aze very similar to one another and to ptans for a 40' long building with a 19.5' front setback that the HPC approved on March 27, 1997. That t 997 approval was the resalt of five meetings with the HPC: a concept review in ]uly 1995, an inforntat concept teview in November 1996, an HPC hearing in February 1997, a Design Review Committee meeting in March 1997, and approval at the Mazch 1997 HPC meeting. The FIPC approval was appealed to the City Council by some residents of the adjacent builtiing at 415 Summit Aveuue. The appeal was denied, and the HPC decision afFumed, by a 6- 0 Couacil vote on February 25, 1998. The previously approved plan and the two proposed plans are compared in �a table at the end of tfiis memo. The proposed bui]ding sita is a IIat, dirt lot used for off-street parking for the residents of 415 Summit (the E. W_ Winter House). A twastall garage was built on the !ot severai yeats ago. The 420 PorBand lot was formerly the rear yazd of 415 Summit it was split off &om the 415 Summit Iot itt 1990. Owners of the four condominiums at 415 Summit have an easement on 420 Portland which requires that two parking spaces be provided at 420 Portland for each condominium unit Mr. Severson proposes the 36' loag building be�ause it requires no variances. He prefers tfie 38' Iong building, however, for the foIlowing reasons: a) it provides more living space; b} it provides 9' wide, rather than 8.5' wide, garage spaces; c) it is sited 6' further from the Winter House, which provides more sualight to ihe residents of the building to the west at 436 Portlaad, and d} it has 9 rather than 8 pazking spaces. A revised landscape ptan is shown on the site plan for the 38' building. Tfie landscaping for a 36' building woutd be similaz to U�at shown on the plan for tfie 38' buitding and not as shown on the site plan for the 36' building. � • �� — tc�4 2— • i HPC, 6.21.99, re: 420 Portland Av., p. 2 The previously approved plan had a 19.5' front setback and two pazking spaces in the front yud, one of which was d'uectly in front of the building. The proposed 38' building has a 16' front setback and puts the ninth pazking space behind the building rather than in front of it. To the west of the subject site is a lazge, four story, brick aparmient buiiding at 436-38 Fortland. The &ont wall of the building is set back approacimately 12' from the sidewalk and the two, twastory porches aze setback 18" from the sidewalk. This is fhe only building on the south side of Portland between SummitlWestem and Arundel. Please see the attached HPC resolution approving the 40' long building (File #2884) for relevant portions of the Historic Hill district guidelines pertaining to new construction. ISSLIE front setback distance from 415 Summit roofline (all schemes have same appro�cimate height) east elevation west elevation north and south elevarions—same all schemes # pazking spaces front yard pazking 420 PORTLAND AVENUE COMPARISON OF THE TFIREE SCHEMES APPROVED 40' SCHEME PROPOSED 36' SCHEME PROPOSED 38' SCHEME 19.5' 10' 25' 10' 8l12 hip 10/12 truncated hip (flat deck at center) 4 windows, paired 3 singie windows 4 windows, no bay � 2 spaces 7 windows, bay 8 none 16' 16' 10/12 truncated hip (flat deck at center) 4 single windows 7 windows, bay 0 none r� LJ DEPARTMENT GENERAL BUILDING PERMIT` CITY OP SAINT PAUI I CI'I'Y OF SAINT PAUL �-i�•�� OFFICE OF LICEPiSE, INSPECT1pNS AhD � -- ENVIRONIvIENiALPROTECITON ( BUILDINGlNSPEC770NANDDE9GN � 350 St Pe�er Street - Suite 300 - � �� Saint Paul, Minnesota 55102-1510 65I-266-9090 � �<:GI� �_/I' I? �iY'�� r ^- -+P PLAN NO. DESCRI tON OF PRO ECT, � ^ �{ -- �+� DATE— � �'�' �J�'1 OWNER�iI'±�t1�J� J, 1PiJ2�b2� OWNERS ADDRESS `�`�S cYLfl�/l1�T #� � �. � Yy'.V � !60'+ ❑ OLD t TYPE OF Q'�EW TYPE CONST. �%DC 0 OCCUPANCY� /c •�� GRADING STUGCO OR C� BUILO ❑ AND EXC. ❑ PLASTER ❑ DRYWAIL ❑ FENCE 7DITtpN tJALTER _ [JR 78ER 57REET. � ` �� AD LOT BLOCK 1 � — �/. WIOTH LOT �� L � d C' 5'fRUC- wiDrH TURE �71 ES ?tMATE O VA �/�v�C�Dv R C] MOVE OR TI Y -^ M SIDE LOT CLEARANCE g� , l �� ^�-+� -, FqOh r �� a5 IENGTH MEIGHT 3G � �� q'! ..-�ar ��-� a � rr�a�iwKC�-�z�a(.iLa!GtQ�S/� �JZllf.i�L� � ' A • s . � +:I ARCNITECT CONTRACTOR MASONRY YEHMi7 FEE ►(.AN CFIECK STATE SURGMAqGE STATE VALUATION NG LINE RE41 h� � STORIES � ❑ N� I SG. FT. 'a/�GSU � — I INCLUOEBASEMENT �� TOTAL FEE ' APPIICANT CERTIFtES THAT ALL iN- FORMATION IS CARRECT qND THAT ALL PERTINENT STATE REGULATIONS AND CITY ORDINANCES WILL BE COM- P-CIEQ-WET.H.tMPER�QES{yt(IVG 7HE N,ORK POfi WHICH THI�PERMIT IS i$SOE�. ►bd�-� CASMIER USE ONLV ' WHEN VAIIDATED TMIS IS YOUR PERMIT ADDRESS , /� ��/�� ` �1p�, OF JOB `t /'!1 � � r 3 u��■ r�c �� . — a l v� • i / ♦ 7 • �- (7 �Q � ¢ '� LHUqGH - ME _? COOQ�o O ��u-y �V. T' 1 C'70•....� ��0�� • • �■.■li �� !.I �� J � O� � �s �� (STUtZ-I � - ( I D I 5� �=(,�! ► � O 47 a O �' ° � � � 6p o �o 0 ¢ O O O O¢ O Q02Yt�rVD �4�. _ . $ITE -7, - �O �-� _¢ J 0 0 �``�' Z O � O � ¢ O a �(�t�t� - � �2Tla4�l7 s� �� 0 0 � -� o � � o z � c� ��+� > Q i � \ � � �.-� fi� � � � .: `- ,C ' `' �� 5 � o� �P% �Zo APPLICANT �""�"' `�� 7C-V �� PURPOSESICV C/{�2��YE TTD�SG FILE #��.� �� DATE PLNG. DIST�_ MAP # � � SCAIE 1' = 240' IEGEND ,�� hpc �strict boundary //��/////. . - . .. - 0 one famiiy � iwo tamity 'j„1¢ Q muftipfe famify �a� � � C o ° � �R Lnorth� .�... • . r+ commercial ♦ �� industriai V vacarn _ . . `?� OL� June 16,1999 Memo To: From: Re: Aaron Rubenst i, Her tage Preservation Commission Ron Severson , bz�. �� 420 Portland Avenue Carriage House I am enclosing two copies of the elevations and site plans for the 38 foot carriage house with the request that this pian be considered for approval at the June 24`�' meeting of the commission. I believe you now have copies of the elevations and site plans for the 40 foot carriage house which was previously approved, the revised 36 foot house which needs no variance and the enclosed 38 foot house which will be considered for a variance at the July 12`� meeting of the zoning board. It is my hope that both of the plans under consideration can be approved at the June commission meeting so that I would be in a position to proceed with construction whether or not the zoning board approves the requested variance. Please call me if you need additional information. � W L C a '� N N � i -�iC • � _ ______. �:t�,. w.V...� .. ..... ... --�--�--`-'_ �^'--^.��i._'^� ... . ... ..:.... _ _ . - .. . . . . .. .: .: st � - - :'..:, ' ' _ . ,:. ' c —_ . -, . � -: � �. ._ . a. . � _ ' i..._., � -_ . . ".._ .. .: . . . . ..� ' � , . . . _ _ " "'�_ _' _ _ ..;...� .. . . . - . . �.,. , - _ '_'_.. _ . � _. 4 , __- " _ --..__._. . � r � - � .. -_. _ _ - - -- t�'ga- , , ., _ . �=-=---�- • ------�- - _ _ _ - --- - _ _-r, ` - . : =�= --- ----:-- - - ----- -- : �_ -�- . .. - - — -r-. - b • - — --- - -- �—,--�_- = - • -'_�_--��, �_- _-` - _ � �'N=Ad � N2i31S3M- __ ',sg�1_�---�-=-=- � � � � , _ i ---� �.-1-_�_i�. 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W C/) O 11 ia h ` • �I I `tR - t�ia-- � s C� W > a O � � C a 0 < � a �. � � � N a Z O }- 4 > w J L'J i-�- tJ �� H � Q Z f: ► ORIGINAL Council File # g� l Oq a„ Green Sheet # l oo� a 3 RESOLUTION Presented By � • t '� II � • 114/ ( a�� /!// � �o Refened To Committee: Date 2 WHEREAS, a public hearing was duly set for September 22, 1999, before the Council of 3 the City of Saint Paul (Council) for the purposes of considering appeals by Greg and Carol Clark, 4 Patricia Leonazd and Laurel Frost from a decision of tbe Heritage Preservation Commission 5 (HPC) in HPC Resolution No. 3654 approving a building permit application to construct a new, 6 single-family, dwelling within the Historic Hill Heritage Preservation District on properiy 7 commonly known as 420 Portland Avenue; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Council deternuned that the proposed single family dwelling may need additional regulatory determinafions (including site plan review and approval or other variances) before construction can begin; and WHEREAS, the Council finds that it is appropriate and efficient to first finalize all such determinations necessary for the proposed single family dwelling so that in the event an appeal is taken from any determination, the appeal(s) may be consolidated into a single public hearing before the Council; NOW, THEREFORE, BE IT IiESOLVED, in the interest of Council efficiency, the appeal of Crreg and Carol Clark, Patricia Leonard and Laurel Frost from the decision in I3PC Resolution No. 3654 is continued and laid over until such time as all regulatory determinations necessary for the proposed project at 420 Portland Avenue shall haue been acted upon by the appropriate city department, board or commission; AND, BE IT, FURTHER RESOLVED, that once all regulatory determinations have been made and if any are appealed, a11 appeals shall be consolidated with the appeal of HPC Resolution No. 3654 and reset, with written notice to affected parties, before the Councii for public hearing; AND, BE IT, �l9-109� Fi3RTHER RESOLVED, that if no appeals are taken from any remaining deternvnation, the public heating on HI'C Resolution No. 3654 shall be reopened with new notice to the affected parties of record as of August 4, 1999: AND, BE IT FINALLY RESOLVED, tUat a copy of this resolution shall be mailed to Ronald Severson, Greg and Carol Clark, Patricia Leonard, Laurel Frost, Mark Vaught, Esq, John Miller, Esq., the Board of Zoning Appeals, the Heritage Preservation Commission and the Department of License, Inspecrions and Environmental Protection. dRIGINAL Aequested by Department of: By: Fosm App�r �f d by City Attorney By_ [/!�/.G✓WiW /v/�?r`l'� Approved by Mayor Eor Submission to Conncil By: — �-. /�/ / BY: Approved by Mayor: Date 1// / ILLGL� By: Adopted by Covncil: Date �___. 1�� iq Adoption Certified by Council Secretaxy CITY OF SAINT PAUL Norm Co[eman, Mayor October 14, 1999 Nancy Anderson Council Secretary 310 Ciry Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: 420 Portland AvenueiHPC File No. 3654 Appeal by Greg and Cazol Clazk, et a1. City Council Action Date: September 22, 1999 Dear Ms. Anderson: V��u.��e� �:Gi��_�.n» �'J�?t,.r � �'� �� ad� Would you please place the attached original resolution on the next ava3lable council consent agenda. As you recall, Council laid this matter over until such tnne as all regulatory determinations with respect to the proposed construction of a single family dwelling at 420 Portland Avenue had been resolved. This resolution is designed to memorialize the Council's decision to lay the matter over and states the reasons therefore. If you have any questions, please don't hesitate to contact me. Very truly yours, i�'� hG✓vlt Peter W. Warner Assistant City Attorney OFFICE OF TEIE CITY ATTORNEY � Clayton M Robinson, Jr., Ciry Attorney `,Q -({�q ^� CiviZDivision 400 City Hall Telephone: 657 266-87I0 IS 4VestKeZloggBFvd Facsimile: 65I298-5619 Saint Paul, ATinnesota 55702 PWWJrmb Enclosure �ta-��`t�- GREEN SHEET Peter Warner 1YN�[ Fpt RWT1116 ORO6t TOTAL # OF SIGNATURE PAGES � ,-�e a No i ��?23 ancauea ❑ alYAii0R1EY ❑ dtYCLi1tK ❑ NMMCYLfptNCFfOR ❑ NYMCYLiFRVlACCT6 ❑ WYdl1�Y9sGMi) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Continuing the appeal of Greg and Carol Clark, Patricia Leonard, and Laurel Frost from the decision in Heritage Preservation Resolution No. 3654 and laying over until such time as all regulatory determinations necessary for the proposed project at 420 Portland Avenue shall have been acted upon by the appropriate City department, board or commission. �ger City Council action on September 22, 1999) PLANNING COMMISSION CIB CAMMITTEE CML SERVICE COMMISSION 1+ae mic aere«�firm e�. xwked unde. a cono-aa ror mis aepartmeon ves rio Hes mis oersoMim e�er been a aty empoyee9 YES NO Does this Pereo�M�m P� a sidN not namaNYP�� M�Y cunert alY �Pb'Yee7 YES NQ Is Min Pcveonlfirtn a taryeted �entloYl YES NO 173»:IN97�7 AMOUNT OF TRAti5ACT10N ! COStIREVQlUE BU06E[ED (CIRCIE ONEj YEt NO I�['illi[;I�'_� Ty.7 INFORMATDN (E%PWN) OFFICE OP LICENSE, INSPECITONS AND ENVIILONMENTAL PROTECTION Rober! Kessler, Director CITY OF SA1NT PAUL Norm Coleman, Mayor 27 August 1999 Ms. Nancy Anderson Assistant Secretary to the City Council 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: LOY7RYPROFESSIONAL BUILDING Suite 300 350 St. Peter Street Saint Paul, M'mnesota 55102-151 D o� 0.— t,r� q r� � Teiephone: b51-266-9090 Facsimile: 657-266-9099 � � � �. ��Qp� ,v � � `_ V, l .vr-`�-� � ,-�� f`-^�-Y-�-- � ��--�.'�� I would like to request that a public heazing before the City Council bc ��"�'`-"" c�' a,a. )��' September 22, 1999 for the following appeal of a Heritage Preservatio Appellants: Tricia Leonazd, Csreg and Cazol Clark, and Laurel Frost HPC Fi1e: #3654 Purpose: Appeal a Heritage Preservation Commission decision to grant approval of a building permit to construct a structure with one dwelling unit and four garage stalls (proposed by Ronald Severson). Address: 420 Portland Avenue (south side between Summit and Arundel) The Heritage Preservation Commission held a public heazing on this matter on June 24, 1999 and voted 7- 0 on July 22, 1999 to approve the requested permit. This City Council public hearing does not require published notice. Please call me at 266-9078 if you have any questions. Sincerely, ��.�, U '+�'bv�`LU�.v Aazon Rubenstein Heritage Preservation Planner cc: Robert Kessler, LIEP Peter Warner, CAO John Miller Ron Severson Mazk Vaught OFFICE OF LTCENSE, INSPEC770NS AND ENVtRONMENTAL PROTEC7ION Roberr Kesrler, Drrectos • CITY OF SA1NT PAUL Norm Colemars, Mayor 16 September 1999 Ms. Nancy Anderson Assistant Secretary to the City Council 310 City Hall Saint Paul, Minnesota 55102 RE: 420 Portland Avenue / HPC File #3654 City Council Heazing: 22 September 1999 °lR -14�� Telepiwne: 651-2669090 Facsimik: 657-166-9099 PURPOSE: To consider an appeal of the Heritage Preservation Commission's approval of a building permit to construct a new single family dwelling at 420 Portland Avenue. IAWRYPROFFSSIONAL BUILDING Snite 300 350 St. Peter Street Saint Pau� Mirnesom 55102-I510 HERITAGE PRESERVATTON COD�vIISSION ACTION• Approval. � SUPPORT: One person spoke. OPPOSITION: One person spoke. Dear Ms. Anderson: \ J Greg and Cazol Clazk, Patricia Leonazd, and Laurel Frost have appealed the decision of the Heritage Preservation Commission to grant approval of Ronald Severson's building permit application to construct a new single family dwelling at 420 Portland Avenue in the Historic Hill Heritage Preservation District. The Heritage Preservation Commission held a public hearing on the permit application on June 24, 1999 at which time the properiy owner, Mr. Severson, and the appellants' attorney, Mark Vaught, addressed the commission. The commission a) voted 9-1 to approve the permit app]ication following the close of the public hearing and b) voted 7-0 at the following month's HPC meeting to pass a resolution granting approval of the requested building permit, The commission's findings aze stated in its resolution, which is attached. The commission found that ffie hvo building schemes proposed by Mr. Severson aze very similar to the plan approved by ihe HPC in 1997. This appeal is scheduled to be heard by the City Council on September 22,1999. I haue attached pertinent information. Siides and photographs of the site wilS be available at the Council meeting if Councilmembers wish to view them. The grounds for the appeal, stated in Mr. VaughYs August 4, 1999 letter of appeal, are that the FIPC approval "is not in concert with the provisions of Chapter 13 of the Saint Paul Legislative Code (which creates and govems the HPCJ, is prematwe, vioiates my clients' due process righu, and approves an illegal use of tfie properry." Ms. Nancy Anderson Re: HPC Appeal Concerning 420 Portland Avenue 16 September 1999 Page Two Mr. Severson's proposed development of tfie Iot at 420 Portland Avenue has been the subject of several previous City Councit reviews, i.e., appeal of the 1997 HPC approval, appeal of a BZA decision, and a tfiird appeal concerning site plan approval and validity of the lot spiit. The two building schemes now proposed by Mr. Severson are variafions on the plan approved by the HPC in 1997 and approved, on appeal, by a 6-0 City Council vote in 1998. Sincerely, �� -��y� Aaron Rubenstein Heritage Preservation P2anner Attachments cc: City Councilmembers Robert Kessler, LIEP Peter Wamer, CAO Ronald Severson John Miller Mazk Vaught Greg and Carol Clazk Patricia l,eonard Laucel Fmst r \ L_J • • �, S. MARK VAUGHT Atto»tet� At Lau� • Suire 700 Six Wesi Fifrk� Street Sainc Paul, Minnesota 55102-1412 (651) 297-6400 FAX (651) 224-8328 e-mail: markvaughtCwo$dnet.att.net August 4, 1999 Aaron Rubenstein, Heritage Preservation Planner City of Saint Paul, L.I.E.P. Suite 300, Lowry Proiessional Building 350 Saint Peter Street , Saint Paul, Minnesota 55102-I510 RE: Heritage Preservation File No. 3654 Dear Mr. Ruhenstein: 0.� - �o�a- � � C C7 � cn N � On behalf of my clients, Crreg and Cazol Clark, Patricia Leonard, and Laurel � Frost, please consider this letter as an appeal to the City Counci] pursuant to the provisions of the Saint Paul Legislative Code of the above-referenced resolution and the approval embodied therein, which was passed by the Heritage Preservation Commission on July 22, 1999. The grounds aze that said approval is not in concert with the provisions of Chapter 73 of the Saint Paui Legislative Code, is premature, violates my clients' due process rights, and approves an illegal use of the property. Very truly yours, +`�' j�/�- C_� S. Mark Vaught Attorne}� at Lau� � - �. :�� .�-.; CITY OF SAINT PAUL HERITAGE PRESERVATION COMNIISSION RESOLUTION FII,E NUMIiER DATE 3654 22 July 1999 WHEREAS, the Saint Paul Heritage Preservation Commissioa is authorized by Chapter ?3 of the Saint Paul I,egislative Code to review building permit applications for e�rterior alterations, new construction or demolition on or within designated Heritage Preservation Sites or Heritage Preservation Dishicts; and W�REAS, Ronald Severson has applied for a building permit to construct a single fatnily dwelling on property located at 420 Portiand Avenue within the Historic Hill Heritage Preservarion District; and WHEREAS, the proposed building site is currently used for off-street parking by residents of 415 Summit Avenue; there is a rivastall garage and unpaved driveway and pazking azeas; and WHEREAS, the Historic Hill Heritage Preservation District guidelines for design review include the following: ZII. New Construction, A. Genera! Principles: The basic principle for new construction in the Historic Hitl District is to maintain the districYs scale and quality of design. ...New construction should be compatiLle with the size, scale, massing, height, rhythm, setbacT� color, material, building elements, site design, mrd character of surrounding structures and the area. IZI. B. Marsing mrd Height. New construction should conform to the massing volume, height and scale of exisiing adjacent structures. Typical residential sm�ctures in the Historic Hill District are 25 to 40 feel high The height of new construction should be no lower than the average height of all buildings on both blockfaces; measurements should be made from street level to the highest point of the soofs. III D. Malerials and Details: ...The materials and details of new corrsiruction should relate to the materials and details ojexisling nearby buildings. Preferred roof materials are cedar shingles, slate and tile; asphcrlt shingles ivhich match the approximale color and texture of the preferred materials are acceptable substitutes. ...Materials, inctuding their cotors, will be reviewed to determine their appropriate use in relation to the overall design of the stnrcture as well ar to surrounding shucnrres, IIl. E. Building Elements: Individual elements of a building shnuld be integrated inio iu composition for a balanced and complete design. These elemenu for new constructinn should compliment existrng adjacenf structures as well. III. E. 1. Roofs: _.,The skyline or pro, file of new construction shovld relate to the predomin�mt ronfshape of existing adjacent buildings. III. E. 2. Windows and Doors: The proportion, size, rhythm cmd detailing of windows and doors in new corrsmrction should be compatible with that of exrsting adjacent buildings. ...Facade openings of the same general size as those in adjacent buildings are encouraged. ...Wooden double-Itt�ng windows are traditional in the H'utoric Hill District mrd should be the first choice when selecting new windows. . � III. E. 3. Porches muiDecks: In general, houses in fhe Hutoric �II District have roofed front • HPC Resolution: File #3654, p. 2 • aq - �Q�a, porches.... If a porch is not buiZt, the transition from private to public space should be articulated with some other suitable design element. III. F. Site, 1. Setback: New buildings should be sited at a distance not more than 5% out-of-line from the setback of existing adjacent buildings. Setbacks greater than those of adjacent buildings may be allowed in some cases. Reduced setbacks may be acceptable at corners. This happeres quite often in the Hisroric Hill area and can lend delightful variation to the sbeet. III. F. 3. Gmages and Pmking: Where alleys do not exist, garages facing the sireet or driveway curb cuts may be acceptable. Garage doors should not face the street. If this is fountl necessary, single garage doors should be used to avoid the horizontal orientation of two-car garage doors. Parking spaces should not be located in frant yards. Residential parking spaces should be located in rear ymds. ...Alt parking spaces should be adeguately screened from the street and sidewalk by landscaping; and WHER.EAS, the Saint Paul Heritage Preservation Commission, based upon the evidence presented at its June 24, 1999 public hearing on said permit application, made the fol]owing findings of fact (findings #2-4 are essentially the fmdings in HPC Resolution #2884 granting approval of the 1997 40'-buiiding scheme): • 1. The applicant seeks approva] of two designs, one a 36'-long building which requires no variances to construct and the other a 38'-long building which requires a front yazd setback variance in order to construct the building 16' from the front properiy line. The design of both schemes is very similar to the 40'-long building approved by the HPC on Mazch 27, 1997 (File #2884). The most significant differences among the tivee plans concem the site plan: the previously-approved 40' buiiding had a 19.5' front setback and two pazking spaces in the front yazd; the proposed 36' building has a 25' front setback; the pmposed 38' building has a 16' front yazd setback; and neither of the two schemes now proposed has front yazd pazking. 2. The proposed building site is a pivotal and difficult site. It is visible from Summit Avenue, it abuts Portland Avenue and a public pazk, and there are lazge buildings to the souih and west that aze close to the properry lines. This lot can be conshved as both the rear yard of the Winter House at 415 Summit Avenue and as a lot fronting on Portland Avenue. The pmposed carriage house concept is a reasonable approach to developing the pazcel for the foliowing reasons: a) the site is used for, and needs to accoaunodate, off-street pazking for residents of the Winter Aouse; h) the parcel has historically been a rear yazd, it is used as a rear yazd, and it appears as a rear yazd due to its relationship to the Winter House; c) there was historically a two-story carriage house on the site; and d) h provides a design solurion for a building that is very ciose to the Winter House in pro�mity and that is related to it in terms of form, materials, details, etc. The Winter House was built on a through-lot with Summit and Portland frontages; the recent subdivision of the site changes neither the physical relationship of the Winter House to surrounding land nor the historical nature of the site. • HPC Resolution: File #3654, p. 3 The proposed structure conforms Yo the district guidelines: � a. It would "be compatible with the size, scale, massing, height, rhythm, setback, colot, material, building elements, site design, and character of surrounding structures and the azea." b. The building elements, materials, sca]e, height, and character would be related to, but do not mimic, the adjacent Winter House. Individual design elements are integrated for a balanced and complete design. c. Though the side elevarion would not be pazallel to that of the Winter House, the sh�eet- facing elevation would be perpendiculaz to the street like those of other shuctures on flus block of Portland. d. The proposed setback from Portland is reasonable given the rear yard nature of the site, the carriage house nature of the proposed buiiding, the fact that the historic carriage house on the site was located up to the north property line, and the fact that the only ot[ier structure on the block face (the south side of Portland beriveen Westem and Arundel) is located closer to the street than wouid be the proposed structure(the existing structure is a tazge, 4-story, brick apartment building with two, rivo-story front porches located 18" from the sidewaIk while the main building wall is 12' from ihe front sidewalk}. e. A front porch would not be appropriate given the carriage house nature of the buiiding. f. Parking spaces would be adequately screened from the street and sidewatk by � tandscaping. Single garage doors would avoid the fiorizontal orientation of double doors. The nnusaal nature of The building and site results from the ratity of a throngh-1ot. These sorts of anomalies in design and development add richness, interest, and delight to the historic district and its chazacter. 4. In addition, the proposed structure and site developmeat confornt to flte fe,aeral Secretary of the Interior's guidelines for new constrvction on an historic siYe. The proposed buHding's design and materials are related to and compatib]e with the primary, adjacent, historic bvilding, i.e., ihe Winter House; the design distinguishes between what is new and what is historic rather Yfiaa mimics the historic structure and confuses the two; and the development wovld not have an adverse impact on the character-defining features of the site and the azea. The bui3ding's design is similu to the rear addirion of the Winter House with simplified detailing, which is appropriate for a new secondary structure. A new building of unrelated design and materials would detract from the historic integrity of the site. 5. The following projeet details shouid be noted: a. The landscape plans shown on the 36' and 38' building schemes differ, the landscape plan shown for the 38' building is the�correct one and should be shown on both sets of plans. __-� _ — b. The hedge along the driveway and at the front of the building will be aipine currant, • spaced 4.5' to 5' on center and timmed to a height of 5'. �t�t - loq2— HPC Resolution: File #3654, p. 4 • c. The p]ans call for a basement window well at the front of the building that was not proposed in the 1997 scheme. Gtiurent plans show both a 3' x 8' well with a ladder and a 4' x 8' well with a step/terrace. The 3' x 8' option is preferable for the 38' building withl6' front setback scheme; and WHEREAS, though there aze, or may be, zoning issues, legal issues, and other issues pertaining to the proposed development, they aze not within the jurisdiction of the Heritage Preservation Commission; the commission must grant or deny approval of permits based on Chapter 73 of the Saint Paul Legislative Code and the district design review guidelines; NOW, THEREFORE, BE Tl' RESOLVED, that based on the above fmdings, the Heritage Preservation Commission grants approval of a building permit for either of the two proposed schemes for a new single family dwelling located at 420 Portland Avenue, subject to the condition that the front window well shall be 3' x 8' for the 38' buiiding. MOVED BY Benton SECONDED BY Murphy IN FAVOR 7 . AGAII�iST 0 ABSTAIN 0 Decisions of the Heritage Preservation Commission are final, subject to appeal to the City Council within 14 days by anyone affected by the decision. This resolution does not obviate the need for meeting applicable building and zoning code requirements, and does not constitute approval for taz credits. • Saiat Pavl $eritage Preservation Commission Case Summary • Re: 420 Portland Avenue, Ronald Severson, Construcf new singte family dweIIing, HPC File #3654 24 Jane 2999 Rubenstein showed photograpfis and slides of the site and smrounding azea, reviewed the cover memo, and noted tfie following details: Iandscaping would include an alpine current hedge along the driveway and at tfie front, ptanted 4.5' to 5' on center and trimmed to a height of 5; new to these plans is a front window well for a basement bedroom (of rockfaced block, 3' x 8' with a ladder or 4' x 8' with a step/ terrace}; the materials and details are the same as those specified for the previously-approved plan. Errigo: why is the HPC looking at this again? Rubenstein responded. Younkin recused himself &om participating in the case. Ron Severson: bought the land in 1996. Previous City Council approval for a building on the lot did not include a variance. Asking for HPC approval of both plans; the 38' building is prefenble—it is more centered on the lot. Both proposals provide two pazking spaces for (each o fl the other three units in 415 Summit and have four single garage doors. Am willing to modify the designs if necessazy. Mervyn Hough, 436 Porfland: live in fust floor unit overlooking the site; have always assumed something would be built here. Supported the 1997 proposal and support the current proposal. I suggested the west elevation bay and like it—it adds visual interest, Severson has been very cooperative . w7th regard to the landscaping—has agreed to let aeighbors help with iu design and maintenance_ I prefer the building to be as close to the street as possible—to maximize moming sunlight to my unit Only two houses on Portland meet the required 25' front setback, which is therefore inappropriate. The rhythm of the street and neighborhood is such that a 16' front setback is preferable to a 25' setback, but I support both plans. Mark Vaught: representing Greg and Cazol Clazk, Patricia Leonazd, and Laurel Frost. I am not able to speak cogently about the project and will therefore ask for a layover. BZA did not appmve the variances for the project that the HPC appmved and, on appeal, the City Council upheld the denial. My clients have a long standing interest in tivs property; they have not had fair opportunity to address t3us issue as they did not know about Yhis meeting vnYil this pasY Tuesday after 6:00 p.m. I Imow of no affirmative obligation to notify (neighbors or afFected parties). I haven't aven had a chance to look at Yhe information. In the interest of fairaess, aad with BZA review on Iu2y 22" there need be no rush to approve or vote on the matter. Murphy asked about Yhe 60-day time limit and Heide asked about due process. Vaught: beliave the 60-day limit can be autornaticalty extended by writing a tetter to the applicant Errigo: arge everyone to focus on the design review issaes and not on other, legat issues. There was no other public t�stimony and the public heazing was ciosed. • `�R - �o�a- HPC Case Summary re: 420 Portland Avenue, File #3654 • Page Two Bellus: moved one-month Iayover (two weeks if necessary); Murphy seconded. I,arson: concemed that 30 minutes already spent and nothing anyone could say affects the design review guidelines. Heide: strongly disagree with a layover, the changes from the pJans approved in 1997 are slight The layover motion failed on a 3- 7 vote. Heide moved approval of both proposed designs; Hargens seconded. Bellus asked for separate votes on each scheme, which request was refused. The motion to grant approval of a building permit for either scLeme passed 9-1 (Bellus). summary prepazed by Aaron Rubenstein � r1 LJ OFFICE OF LICENSE, INSPECIIONS AND ENYII20NMII97AL PROTECIION Robest Keuler, Dbector Sw[Hi +1'AD L � RIIAA CITY OF SAINT PAUL Nornn Caleman, Mayor ZOiVRYPROFESSIONAL BUILDING Suite 300 350 St Peter Streer Sarru Pmr� Afouresota 55702-ISIO Te%phone: 657 26b9090. Focsimile: 651-266-9099 MEMORANDUM TO: Heritage Preservation Commission FROM: Aaron Rubenstein {�� RE: 420 Portland / File #3654 DAT'E: 21 June 1999 � � � � Ronald Severson has applied for a building permit to construct a new "carriage" house at 420 Portland Avenue, immediately west of Nathan Hale Park. Mr. Severson is seekiag HPC appmval of two schemes. One involves a 36' long bnilding with a 25' front setback; this projeet requires no vaziances. The second plan, preferred hy Mr. Severson, is a 38' long building with a 16' front setback, for which a front yazd setback variance would be needed. The Board of Zoning Appeals will review Mr. Severson's variance request on July 12, 1999. The two proposed plans aze very similar to one another and to ptans for a 40' long building with a 19.5' front setback that the HPC approved on March 27, 1997. That t 997 approval was the resalt of five meetings with the HPC: a concept review in ]uly 1995, an inforntat concept teview in November 1996, an HPC hearing in February 1997, a Design Review Committee meeting in March 1997, and approval at the Mazch 1997 HPC meeting. The FIPC approval was appealed to the City Council by some residents of the adjacent builtiing at 415 Summit Aveuue. The appeal was denied, and the HPC decision afFumed, by a 6- 0 Couacil vote on February 25, 1998. The previously approved plan and the two proposed plans are compared in �a table at the end of tfiis memo. The proposed bui]ding sita is a IIat, dirt lot used for off-street parking for the residents of 415 Summit (the E. W_ Winter House). A twastall garage was built on the !ot severai yeats ago. The 420 PorBand lot was formerly the rear yazd of 415 Summit it was split off &om the 415 Summit Iot itt 1990. Owners of the four condominiums at 415 Summit have an easement on 420 Portland which requires that two parking spaces be provided at 420 Portland for each condominium unit Mr. Severson proposes the 36' loag building be�ause it requires no variances. He prefers tfie 38' Iong building, however, for the foIlowing reasons: a) it provides more living space; b} it provides 9' wide, rather than 8.5' wide, garage spaces; c) it is sited 6' further from the Winter House, which provides more sualight to ihe residents of the building to the west at 436 Portlaad, and d} it has 9 rather than 8 pazking spaces. A revised landscape ptan is shown on the site plan for the 38' building. Tfie landscaping for a 36' building woutd be similaz to U�at shown on the plan for tfie 38' buitding and not as shown on the site plan for the 36' building. � • �� — tc�4 2— • i HPC, 6.21.99, re: 420 Portland Av., p. 2 The previously approved plan had a 19.5' front setback and two pazking spaces in the front yud, one of which was d'uectly in front of the building. The proposed 38' building has a 16' front setback and puts the ninth pazking space behind the building rather than in front of it. To the west of the subject site is a lazge, four story, brick aparmient buiiding at 436-38 Fortland. The &ont wall of the building is set back approacimately 12' from the sidewalk and the two, twastory porches aze setback 18" from the sidewalk. This is fhe only building on the south side of Portland between SummitlWestem and Arundel. Please see the attached HPC resolution approving the 40' long building (File #2884) for relevant portions of the Historic Hill district guidelines pertaining to new construction. ISSLIE front setback distance from 415 Summit roofline (all schemes have same appro�cimate height) east elevation west elevation north and south elevarions—same all schemes # pazking spaces front yard pazking 420 PORTLAND AVENUE COMPARISON OF THE TFIREE SCHEMES APPROVED 40' SCHEME PROPOSED 36' SCHEME PROPOSED 38' SCHEME 19.5' 10' 25' 10' 8l12 hip 10/12 truncated hip (flat deck at center) 4 windows, paired 3 singie windows 4 windows, no bay � 2 spaces 7 windows, bay 8 none 16' 16' 10/12 truncated hip (flat deck at center) 4 single windows 7 windows, bay 0 none r� LJ DEPARTMENT GENERAL BUILDING PERMIT` CITY OP SAINT PAUI I CI'I'Y OF SAINT PAUL �-i�•�� OFFICE OF LICEPiSE, INSPECT1pNS AhD � -- ENVIRONIvIENiALPROTECITON ( BUILDINGlNSPEC770NANDDE9GN � 350 St Pe�er Street - Suite 300 - � �� Saint Paul, Minnesota 55102-1510 65I-266-9090 � �<:GI� �_/I' I? �iY'�� r ^- -+P PLAN NO. DESCRI tON OF PRO ECT, � ^ �{ -- �+� DATE— � �'�' �J�'1 OWNER�iI'±�t1�J� J, 1PiJ2�b2� OWNERS ADDRESS `�`�S cYLfl�/l1�T #� � �. � Yy'.V � !60'+ ❑ OLD t TYPE OF Q'�EW TYPE CONST. �%DC 0 OCCUPANCY� /c •�� GRADING STUGCO OR C� BUILO ❑ AND EXC. ❑ PLASTER ❑ DRYWAIL ❑ FENCE 7DITtpN tJALTER _ [JR 78ER 57REET. � ` �� AD LOT BLOCK 1 � — �/. WIOTH LOT �� L � d C' 5'fRUC- wiDrH TURE �71 ES ?tMATE O VA �/�v�C�Dv R C] MOVE OR TI Y -^ M SIDE LOT CLEARANCE g� , l �� ^�-+� -, FqOh r �� a5 IENGTH MEIGHT 3G � �� q'! ..-�ar ��-� a � rr�a�iwKC�-�z�a(.iLa!GtQ�S/� �JZllf.i�L� � ' A • s . � +:I ARCNITECT CONTRACTOR MASONRY YEHMi7 FEE ►(.AN CFIECK STATE SURGMAqGE STATE VALUATION NG LINE RE41 h� � STORIES � ❑ N� I SG. FT. 'a/�GSU � — I INCLUOEBASEMENT �� TOTAL FEE ' APPIICANT CERTIFtES THAT ALL iN- FORMATION IS CARRECT qND THAT ALL PERTINENT STATE REGULATIONS AND CITY ORDINANCES WILL BE COM- P-CIEQ-WET.H.tMPER�QES{yt(IVG 7HE N,ORK POfi WHICH THI�PERMIT IS i$SOE�. ►bd�-� CASMIER USE ONLV ' WHEN VAIIDATED TMIS IS YOUR PERMIT ADDRESS , /� ��/�� ` �1p�, OF JOB `t /'!1 � � r 3 u��■ r�c �� . — a l v� • i / ♦ 7 • �- (7 �Q � ¢ '� LHUqGH - ME _? COOQ�o O ��u-y �V. T' 1 C'70•....� ��0�� • • �■.■li �� !.I �� J � O� � �s �� (STUtZ-I � - ( I D I 5� �=(,�! ► � O 47 a O �' ° � � � 6p o �o 0 ¢ O O O O¢ O Q02Yt�rVD �4�. _ . $ITE -7, - �O �-� _¢ J 0 0 �``�' Z O � O � ¢ O a �(�t�t� - � �2Tla4�l7 s� �� 0 0 � -� o � � o z � c� ��+� > Q i � \ � � �.-� fi� � � � .: `- ,C ' `' �� 5 � o� �P% �Zo APPLICANT �""�"' `�� 7C-V �� PURPOSESICV C/{�2��YE TTD�SG FILE #��.� �� DATE PLNG. DIST�_ MAP # � � SCAIE 1' = 240' IEGEND ,�� hpc �strict boundary //��/////. . - . .. - 0 one famiiy � iwo tamity 'j„1¢ Q muftipfe famify �a� � � C o ° � �R Lnorth� .�... • . r+ commercial ♦ �� industriai V vacarn _ . . `?� OL� June 16,1999 Memo To: From: Re: Aaron Rubenst i, Her tage Preservation Commission Ron Severson , bz�. �� 420 Portland Avenue Carriage House I am enclosing two copies of the elevations and site plans for the 38 foot carriage house with the request that this pian be considered for approval at the June 24`�' meeting of the commission. I believe you now have copies of the elevations and site plans for the 40 foot carriage house which was previously approved, the revised 36 foot house which needs no variance and the enclosed 38 foot house which will be considered for a variance at the July 12`� meeting of the zoning board. 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