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88-940 WHITE - C1TV CLERK PINK - FINANCE G�I TY O SA I NT PA U L Council I, CANARV - DEPARTMENT �+/n/ BLUE - MAVOR File NO• - �"`� � � Counci Resolution - ;;�� , �� Presented By Referred To Committee: Date Out of Committee By Date WHEREAS , Volunteers o America of Minnesota applied to the Planning Commission of he City of Saint Paul for a Special Condition Use permit for th purpose of establishing a community residential facility for ale correctional residents at 905 East Seventh Street, Saint P ul , Minnesota; and WHEREAS , following a ublic hearing with notice to the affected property owners , t e Zoning Committee of the Planning Commission on March 31 , 1 88 , adopted a motion to recommend that the Planning Commissi n deny the Special Condition Use permit because the applica did not comply with the required conditions for community r sidential facilities as set forth in the provisions of the Sain Paul Zoning Code ; and WHEREAS , the Planning Commission of the City of Saint Paul at its meeting on Ap il 8 , 1988 , by �ts Resolution No. 88-18 , voted to deny the application for Special Condition Use permit for the communi y residential facility because the minimum lot size requirement of the Zoning Code was not complied with, and further, the appl ' cant did not provide adequate off- street parking as required y the Zoning Code , the Zoning Com- mittee and the Planning Co ission having found and determined that a month-to-month leas for parking on adjacent property did not satisfy the Zonin Code requirements for off-street parking; and WHEREAS , Timothy F . Ma en, 905 East Seventh Street, Saint Paul , Minnesota, appealed th decision of the Planning Commission to the Saint Paul City Cou cil for the purpose of asking that the Council find and dete mine that the Planning Commission did commit an error in denyi g the Special Condition Use permit ; and COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� In Favor Goswitz Rettman Scheibel A gai n s t BY Sonnen Wilson Form Approv d y Cit Attorn Adopted by Council: Date Certified Yassed by Council Secretary gY Bl / _ A►pproved by iVlavor. Date Approved y Mayor f r Submission to Council gy By I WHITE - CI7V CLERK PINK - FINANCE C I TY OF A I NT PA U L Council //�� J/' � CANARV - DEPARTMENT �(�(lU BLUE - MAVOR File NO. 77 _ � � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS , acting pursuan to Sections 64.204 through 64. 208 and upon notice to Appella t and other affected persons , a public hearing was duly cond cted by the Saint Paul City Council on Thursday, May 19 , 1988 , where all interested parties were given an opportunity to be he rd; and WHEREAS , the Council , aving heard the statements made and having considered the application for Special Condition Use permit, the report of taff, the minutes and findings of the Zoning Committee and of he Planning Commission, does hereby RESOLVE , that the Counc 1 of the City of 5aint Paul does hereby affirm the decision f the Planning Commission in this matter and does hereby concur in the findings made and determined by the said Planning Commiss on, specifically that the applicant for Special Condition Use pe mit did not satisfy the off-street parking requirements as set forth in the Zoning Code by the provision of a month-to-mont parking lease and that the appli- cation did not satisfy the ot area requirements of the Zoning Code ; and, be it FURTHER RESOLVED, that the appeal of Timothy F. Madden be and is hereby denied; and, e it FURTHER RESOLVED, that the City Clerk shall mail a copy of this resolution to Timot F. Madden, Volunteers of America of Minnesota, the Planning Commission and the Zoning Admini- strator. 2. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� [n Favor Goswitz �e� � _ Against BY .s�� wa�� +�}'tt °'� 'b�;r � Form Approve by City Attor y Adopted hy Council: Date � Certified Ya-s d ouncil S et BY— By �'— Approv by 1Aavor: Dat ��vu Approve b Mayor for Submission to Councii By BY �IJ�LISNED �� 1 8198_8_ i . �T��IO �7'�� i � , . �I° 013418 II G DEPARTI�NT - CONTACT � ', PHONE � � DATE �� ASSIGN N�IBES FOIt BOUTING ORDER: (See everse side.) � , _ Department Dirsctor Mayor (or Assistant) _ Finance and Management Services Dir tor � City Clerk �, Budget Director _ I� � City Attorney _ � TOTAL NUIiBER OF SIGNATURE PAGES: ( lip all lacations for signature.) 6 +�y� � � I AK R P (Purpose/Rationale) �so�a�':o,�, ' ��e�►y;�f a� � o �` c�o lwwT�c��r o� , �i�� a �rr a� �c.�i a � �� r,rw�t a � s` I �( lyo�+ � T" -�'c�r' 'i ��tL�i {�� "�a�„� �•'�, �.'iv► C r Y�.��►a1 .RI'��l t y� .�'-"` �Q�-+ �� r�"� -� �c�.t��%� �1.I61►Nt� �a��l► � ��i/ f� �f� , S B O G AND PER PAC S � Cowac�J Research Center ' JUN 013� � ANC E UDGET AC VI ER C D T D: . (Maqor's signature not required if under $10,000.) Total Amount of Transgction: Activity Number: �", Funding Source: Ii ATTACHMENTS: (List and number all attac ments.) , �i '�, ADMINISTRATIVS P�tOCEDURES _Yes _No Rules, Regulations, Pr cedures, or $udget Aatendment required7 , _Yes _No If yes, are they or ti table attached? , 'I DEPARTMENT REVIEW CITY ��TORNEY REVIEW _Yes _No Council resolution reqni d? &asolution required? Yes _No _Yss No Insurance required? 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Madden, 905 East Seventh Street City Council Hearing: May 19, 1988 PURPOSE: To consider an appeal of a Planning Commission decision which denied a Special Condition Use permit to stablish a community residential facility for 34 male corrections clients by Volunteers of America. PLANNING COMMISSION DECISION: Den (14-0-1) ZONING COMMITTEE DECISION: Deny ( -3-1) STAFF RECOMMENDATION: Deny SUPPORT: Three persons spoke at p blic hearing. OPPOSITION: Five persons includin District 4 representative spoke at public hearing and a petition with 158 si natures was received. Dear Sir: On March 31, 1988 the Zoning Commi tee of the Planning Commission held a public hearing on this Special Condition se permit application. The petitioner testified. At the close of the pu lic hearing, the Committee voted 4 to 3 with 1 abstention to deny the permit ba ed on staff findings. On April 8, 1988 the Planning Comm ssion upheld the Zoning Committee's recommendation by a vote of 14 to with 1 abstention. A community residential facility m st provide one parking space for every two residents at the facility. The pe it was denied because the applicant could not adequately meet this condition and because the applicant did not demonstrate that the parking condi ion should be modified. Volunteers of America had secured a temporary pa king lease for 17 spaces in the First National Bank property located to he immediate west of the site. The Planning Commission determined that a month to month lease, cancelable with 60 days notice is an insufficient parking rrangement for a community residential facility. Q �- �� File #10289 Page 2 The owner of the property to be le sed to Volunteers of America, Timothy F. Madden, is appealing the Planning ommission decision. The appellant alleges that the Planning Commission erred in denying the permit because the Volunteers of America had secured parking suf icient for 34 residents. The appeal is scheduled to be hear by City Council on May 19, 1988. Please notify me by May 17, if any member of the City Council wishes to have slides of the site presented at the public h aring. Sincerely, ��,q' �it.P�?�. Lisa J. Freese Planner II LJF:rm Attachments � �- 9�u , ' MINUTES OF E ZONING COI�iITTEE CITY COUNCIL CHAMBERS, SAI PAUL, MINNESOTA ON MARCH 31, 1988 PRESENT: Mmes. Hirte, Morton, Tr y and Zieman; Messrs. Christenson, Levy, Neid and Repke of the Zo ing Committee; Mr. Segal, Assistant City Attorney; Ms. Lane of t Building Inspection aad Design Division; Ms. Freese, Ms. Murray d Mr. Soderholm of the Planning Division staff. ABSENT: None. The meeting was chaired by Gladys orton, Chairman. Volunteers of America Minnesota # 0230 : A Special Condition Use with Modification for property located t 905 East Seventh Street to establish a Community Residential Facility for 70 adult male correctional clients. The applicant was present; there w s opposition present at the hearing. w Ms. Freese showed slides of the si e and reviewed the staff report with a recommendation for denial. Mr. Repke stated that�this case co ld involve a conflict of interest for him. � After receiving per�inent data fro Mr. Segal, Mr. Repke said that he would limit his participation to the Zon ng Committee discussion and that he would choose to refrain from questioning the applicant and from voting on this case. Zoning Committee discussion follow d regarding the preliminary Community Residential Facilities task force indings, the method for calculating the ' number of adult corrections reside ts living in Saint Paul, and concentration levels. Mr. Repke stated that this case sh uld stand or fall on the merits of the facility and not on the manner in hich staff is viewing tt�e analysis. William Nelson, 2825 East Lake Str et, Minneapolis, representing Volunteers of America, testified that the VOA wa a 92-year-old non-profit organization and described its purposes and goals. He stated that they have successfully operated their Minneapolis half-wa house facility for 14 years and �hat they have outgrown that building. Mr. elson outlined the types of male corrections residents who would be accepted in their program. He said that �hey have worked with 1400 people uring the past 14 years and described the • eacellent community relations whic have been maintained and the national . recognition which the program has eceived. Mr. Nelson stated that they are • . requesting a variance for the lot ize, and concurred with staff regarding the . parking problems in the area. He escribed their primary need for parking spaces as being between 10 p.m. an 6 a.m. . Ms. Zieman asked about the number f residents to be served. Mr. Nelson replied that the request was reduc d to 34 residents due to parking constraints, but that their goal i 70. File #10230 P�ge Two Mr. Neid questioned the manner in ich the program is funded and whether or not the entire building would be us d by only 34 residents. Mr. Nelson said that funding is on a per person per diem rate and that space in the entire building would be used, even thoug they would have fewer residents than the previous tenants. He stated that it would be a financial hardship to have fewer than 70 residents. Mr. Neid asked about the availabil ty of off-street parking at the VOA Lake Street facility and also asked if dditional parking is needed during the evening to accommodate people part cipating in the community self-help meetings. Mr. Nelson replied that e had not counted the parking spaces but said that they have 28 cars regist red for approximately 60 people. He said that community self-help meetings re scheduled at the center during evening hours, approximately 6:30 to 9:30 .m. but that two-thirds of their population is away from the facility during t ose hours. He stated that VOA's most urgent parking needs are from 10 p.m. to 6 a.m. .� Mr. Nelson described the VOA proce s by which residents who have met goals of employment, are seeking housing, e c. can be given permission to be away from the facility during certain evenin hours ranging from 7 p.m. to midnight and - that this allows them•�time for fam ly visits� employment opportunities and so forth. This proces`s involves two- hirds of their residents. Ms , Hirte inquired about a back-up plan for parking should the First National System property be sold. Mr. Nels n said that he had nothing explicit, but would plan to speak with any new t nants regarding the evening use of the parking lot. • Ms. Hirte questioned how residents are screened for admission and whether or not there is provision for communi y involvement in the review process. Mr. Nelson said that there is no commu ity involvement and stated that generally it is the referring agency which s reens applicants following the general criteria of the Bureau of Prisons. Mr. Christenson inquired about the building lease. Mr. Nelson replied that � they have a five year lease. Reverend Ron Johnson, pastor of Ho y Trinity Church, 2730 East 31st Street, �tinneapolis, described his positiv relationship with VOA over the past ten vears. . • • .Mr. Christenson asked if there are parking problems at the VOA's present � location. Reverend Johnson respon ed that the VOA Center's impact on the Lake Street parking problem was minimal compared to that of area businesses. Timothy Madden�, 1876 Gluek Lane, R seville, stated that he is the owner of Dungarvin, that in his opinion the building could not be used for a purpose other than a community residential facility; that parking during evening hours isn't as critical as during daytim hours; and that an empty building would . not be an asset to the east side o Saint Faul. . File #10230 Page Three Hr. Neid inquired if the building c uld be used for another purpose. Mr. Madden said that conversion to offi e.use would be financially prohibitive. Mr. Neid asked if there had been ot er prospective tenants for rental of the building. Mr. Madden stated that th only queries he received were from community residential facilities. John Richter, 3315 Cedar Lake Avenu , Minneapolis, chairman of the board of Volunteers of America, stated that is hope is to work with the city of Saint Paul. He introduced Jim Hoge, the resident of Volunteers of America Minnesota. Ron Wagner, 750 East Seventh Street, District 4 Community Organizer, outlined the council's opposition. He said hat District 4 had concerns about the half-way house program, about the i appropriate land use and limitations of the proposed site, and about overco centration. Mr. Wagner stated that one of the goals of URAP is to 2i�velop a c mmercial strip along East Seventh Street; that their experience has been that a compromise on parking requirements begets other problems; that many ne'ghborhoods in Dayton's Bluff are "in stress" because of transitory resi nts. He said that many former occupants - of area community res•�dential facil ties tend to settle in that same area. Maxine Smith, 1044 East Seventh Str et, addressed �the parking problems of community business owners. Lester Schultz, 976 Reaney Street, tated his concerns about the lack of parking during day and night hours. ' David Drewiske, Route 3, Hudson, Wi consin, 3M senior real estate analyst, distributed a letter from 3M stati g its opposition. He said that their principal concern is the existing s ortage of off-street parking in the East Seventh Street neighborhood and he lso addressed the VOA's' tenuous parking lease with First National Bank. Anna Mae Nadeau, 969 Beech Street, resented a petition in opposition signed by 158 neighbors. Hearing no further testimony, Ms. rton closed the public hearing. M�r. Levy asked Mr. Nelson if VOA h investigated other locations for their • � facility. Mr. Nelson responded th t they had looked on the West Side and in . the downtown area. • � Ms. Zieman inquired if VOA conside d purchasing the First National Bank property for parking purposes. Mr. Nelson said that they have not offered to buy that building. Ms. Zieman asked Mr. Nelson to des ribe typical correctional residents. He responded that the average person as a 34-year-old male who had a history of fraud, theft or something similar, and probably had a history of drug abuse. "�r. Nelson said that 92$ were succ ssful in the VOA program; also that residents were tested six times pe month to be sure that they were drug free. File #10230 Page Four . Ms. Hirte made a motion to recommend denial of the Special Condition Use Permit with Modification to establis a Community Residential Facility based on staff report findings l through 6 Mr. Neid seconded the motion. Mr. Christenson stated his concern w th the possible denial of the special condition use permit on the basis of the applicant's temporary parking arrangement. The motion passed on a roll call vo of 4-3-1 (Zieman, Christenson, Levy) , (Repke abstaining) . Submitted by: Approved by: . . p�i ��.^ � ��,�� . �.`�� '_i �G t' �v Lisa Freese , Gladys Mort'on, Chairman � '` � � ( ( ��- 9� city of�saint paul . planning commission reso ution � fife number 8 8-18 . �te . Anri 1 8 . 198R �+'HEREAS, Volunteers of America Minnes ta, file #10230, has applied for a Special Condition Use Permit under the provis ons of Sections 60.524(4) and 60.423(3) of the Saint Paul Legislative Code, for the urpose of establishing a community residential facility for male correctional reside ts on property located at 905 East Seventh Street, legally described as Lots 2, and 4, Block 3, E.M. Mackubin's Addition; and k'HEREAS, the Zoning Committee of the lanning Commission on March 31, 1988, held a public hearing at which all persons p esent were given an opportunity to be heard pursuant to said application in accor ance with the requirements of Section 64.300 of the Saint Paul Legislative Code; a d r. LdHEREAS, Saint Paul Planning Commissi n, based on the evidence presented to its Zoning Committee at the public heari g as substantially reflected in the minutes, made the following findings of fact: � . � . ,� . 1. Volunteers of America Minnesota s eks to establi.sh a community re�sidential facility serving adult male corre tions residents. The facility will provide housing and transitional services for clients being released from federal corrections programs. Offenders hat have committed sex crimes or have been habitually violent are not accept d in this program. The minimum length of stay � is approximately 90 days. , 2. The three-story structure was or'ginally constructed as a clothing factory in 1915. In 1967, it was remodeled to serve as a community residential facility and continues to be used in this capacity. It served up to 120 mentally retarded residents in the past. The current operator ancl owner, Dungarvin, has 24 residents and will be phasing out operations by June 3D, 1988. They will retain ownership of the building 3. Initially, the applicant planned to serve 70 residents stating that it was not economically feasible to operate with fewer clients, but due to parking constraints the request has been reduced to 34 residents. For 34 residents, the facility will be staffed by four employees during the daytime hours and two � employees during the evening and night hours. � (continued) � moved by MORTON sE;cor�ded by in favor 14 against � Abstained 1 (� � File �10230 Page Two 4. The proposed facility is classifie as a community residential facility and is permitted subject to six condition in the B-3 zoning district. These conditions and the applicant's abi ity to meet them are as follows: (a) It shall not be located in a o-family dwelling unless the community residential facility occupies he entire structure. w The structure is not a two-fam ly dwelling, so the condition does not apply. (b) It does not serve more than 16 facility residents except that structures designed or newly built specif cally for greater capacity may allow a , ' greater numben provided that a 1 other conditions of the the special condition use are met. :E�- - In 1967 the building was remo eled to serve as a community residential facility. (c) The minimum lot size for comm nity residential facilities is that prescribed • for a one-family dwelling pl 300 square feet for each facility resident � over and above six residents. In addition, community residential facilities serving more that 16 resident shall meet the requirements for height� yard setback� and maximum percent f lot occupied by main building set forth in Chapter 61. � A newly established community residential facility for 34 residents in a B-3 - zone would require a 13,400 s uare foot lot with no setback or lot coverage requirements. The parcel is 11,725 square feet, therefore a modification for lot size would be necess . � . ' (continued) �._ C � � File #10230 Page Three (d) A minimum distance of 1,320 fe t will be required between zoning lots used for community residential faci ity The nearest community residen ial facility is Greenhouse� located at 680 Greenbrier Street. The dista ce between the two facilities is greater than 1,320 feet. � " (e) There shall be one off-street parking space for every two facility residents. The applicant �as obtained a emporary parking lease for 17 spaces in the parking area of the partially vacant commercial property to the immediate west. The lease is on a mont -to-month basis and cancelable by the lessor with 60 days notice. If a te ant is found for the vacant space and/or the building is sold, the lease w 11 probably be canceled. An acceptable parking agreement noranally re uires a long term lease. (The Zoning � Administrator requires a 10 y ar lease for shared parking agreements.) The applicant also stated tha the outdoor recreation area in the southwest corner of the lot may be conv rted into parking, but no plans were submitted. (f) Permission for special condit on use applies to the community residential facility only as long as lice sing, purpose, size or location do not change. � If approved, the special con ition use permit would be revoked if the parking lease is terminated. As well� if the applicant wants to increase the number of residents when additional parking is secured, they would be required to apply for a new pecial condition use permit. : . ' . (continued) � ( ( ��'� 9f� File #10230 Page Four 5. The Planning Commission may modif any or all special conditions when strict application of such special condi ions would unreasonably limit or prevent otherwise lawful use of a piece o property or an existing structure and would result in exceptional undue hards ip to the owner of the property or structure, provided that it will not impair he intent and purpose of such special conditions and is consistent with health, morals, and general welfare and is consistent with the reasonable en'oyment of the adjacent property. ... 6. The applicant has requested a mod fication of the lot size condition stating that it would not be financially easible to operate a program with less than 70 . residents. Even though they have reduced the request to 34 residents, it is perceived only as an interim arra gement until more parking is secured. - , ' L �` 7. The applicant has not requested a modification of�'the parking requirement for community residential facilities, but the parking lease secured by Volunteers is an insufficient parking arrangeme t. A month-to-month lease is not an adequate standard for any type of shared p rking agreement. In summary� the parking condition cannot be met by the ap licant. � 8. The new District 4 Plan has ident'fied parking as a severe problem in the East Seventh Street commercial area. herefore� modification of the parking requirement would be inappropria . 9. In conclusion, the applicant has not met the parking condition or clearly demonstrated that modification o the lot size and parking conditions will not impair the reasonable use of the neighboring properties. � NOW� THEREFORE, BE IT RESOLVED� by t e Saint Paul Planning Commission, that under the authority of the City's Legislat've Code, the request to modify special conditions for a permit application or a community residential facility is hereby denied; and , , BE IT FURTHER RESOLVED� that the Sa' t Paul Planning Commission does hereby deny the • • application for a Special Condition se Permit to allow the establishment of a • community residential facility for 4 adult male correctional clients at 905 East Seventh Street, . i APPLICATIOt� FOR APPEAL ZONING OFFICE USE ONLY CITY OF SnINT ,PAUL � RECEIVED � File � Application Fee S '�'7 ��- APR 28 1988 Tentative Hearing Date ZONING Application is hereby made for an Appeal t the �� v ,� under the provisions of Chapter 64, Sectio � , Paragp h of the oning ode to appeal a decision made by the _ Bozrd of Zoning Appea J Plann ng Commission on � , 19,� Zonin Administrator (date of decision) _ Plann ng Administrator _ Other A. APP�LL�NT ' � Name �i Daytime phone t„3.3 �'J �f� Address .. �--- (.u�. �.' 1 � i!, � Zip Code�S"// '�_ . � B. DECISiO�r BEING APPEALED ( , • • Zon i n g f i 1 e name 1�-�-�f t�. 4 I�f�^ Zon i ng Fi 1 e # ,�� e1� � Property Address/Location C �-�- � '•�Legal description � . ti�1 �� C. 6ROUt�DS FOR APPEAL (Use additional she ts if necessary. ) ("cxplain why you feel there has been a error in any requirement, permit, decision or refusal made by an administrative o ficial, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Comnission. ) , �t , r L • . J . . � � , � � r � j ' • Yv,,�J��...'�- �t� J :c� ��4-k:�w�- S �:c .� � � � k,�M "� ��.�. v,��-c�-� -�- �. ��-l=a � 2.r� � �'�iil��.�a 1� b`�C"�' 'r`kK. cl-��-� �4 �!1�S'l.� lr(.Z �y1.�./ �l�.Q_ d-� ��V�► , . �__•t -r I you have any q s�tions, please contac : Ap 1� a t's signature St. Paul Zoning Office 1100 City Hall knnex u 25 West Fourth Street � Z ,�,_ .�� %a� Saint Paul , Minr;esota 55102 Date City agent (298-4154) 9/82 , _ ��f ��,�-G' ZONING COMM TEE STAFF REPORT , . , , FII,E #10230 l. APPLICANT: Volunteers of America M nnesota DATE OF HEARING: 3-31-88 2. CLASSIFICATION: Special Condition se Permit 3. LOCATION: 905 East 7th Street (Nor htaest side between Mendota and Reaney) 4. PLANNING DISTRICT: 4 5. LEGAL DESCRIPTION: Lots 2, 3 & 4, lock 3, E.M. Mackubin's Addition 6. PRESENT ZONING: B-3 ZONING CODE REFERENCE: 60.524(4) , 60.423(3) 7. STAFF INVESTIGATION AND REPORT: TE: 3-25-88 BY: Lisa J. Freese A. PURPOSE: To establish a community residential facility for male correctional residents. B. PARCEL SIZE: The irregularly shap d parcel has 120 feet of frontage on East 7th Street and 116 feet of frontage on Reaney Avenue for a total lot area of 11,725 square feet. �„ C. EXISTING LAND USE: A community re idential facility serving 30 mentally retarded clients. D. SURROUNDING LAND tISE: North: Industrial (3M facility) East: Commercial South and west: Parking lot (3M) , commercial E. ZONING CODE CITATION: Prior to 1 75, this parcel was zoned light industrial. ' F. FINDINGS: 1. Volunteers of America Minnesota s eks to establish a community residential facility serving adult male corre tions residents. The facility will provide housing and transitional services for clients being released from federal corrections programs. Offenders hat have committed sex crimes or have been ' habitually violent are not accept d in this program. The minimum length of stay is approximately 90 days. 2. The three-story structure was ori inally constructed as a clothing factory in 1915. In 1967, it was remodeled o serve as a community residential facility �and continues to be used in this apacity. It served up to 120 mentally • retarded residents in the past, e current operator and owner, Dungarvin, has ' 24 residents and will be phasing out operations by June 30, 1988. They will � retain ownership of the building. 3. Initially, tl�e applicant planned to serve 70 residents ststing that it was not economically feasible to operate with fewer clients, but due to parking constraints the request has been reduced to 34 residents. For 34 residents, the facility will be staffed by four employees during the daytime hours and two employees during the evening and night hours. 4. The proposed facility is classif ed as a community residential facility and is permitted subject to six condi�i ns in the B-3 zoning district. These conditions and the applicant's a ility to meet them are as follows: (a) It shall not be located in a two-family dwelling unless the community residential facility occupie the entire structure. The structure is not a two-f mily dwelling, so the condition does not apply. � d'�-- 9 y� o APPLI�CATION FOR SPECIAL CONDITION US , CTCY OF SAINT PAUL ZONING OFFICE USE ONLY� , RECEIVE F,�e �� i ��z3c . Application Fee $ �• . cs� N�� 9$7 Tentative Hearing Date� 3 � �5�- Number of Lots or Size of Parcel: ZONING Application is hereby made for a Special Condi ion Use Permit under the.provisions of Chapter 60 , Section 524 , P ragraph 4 , of the Zoning Code to operate a Corrrnunity Residential Facility to se ve 70 adult correctional client�, w' �h modification due to lot size. detailed descri tion accom anies this a lication. .� Lo�tr,�4- ', VJiI�ia►+, ►�ie.lsoh 7al - 63a7 A. APPLICANT Name Volunteers of America Minnes ta Phone (Daytime) 546-3242 Address 5905 Golden Valle Road, Mi nea olis, MN Zip 55422 Property interest of i�pp�icant (Owner, c ntract purchaser, etc.) Leasee Name of owner (if different) ' B. PROPEF.TY DESCRIPTION Address/Location 905 E. Seventh Str et, St. Paul , MN 55106/at Reaney Avenue ' Legal Description: Lot 2� 3� 4 Bloc 3 Add. E.M. MacKubin's Addition, Ramse Count Present Zoning B3 L t Size 11,725 square feet G SPECIAL CONDITIONS Explain how you will meet each of the S ecial Conditions. Attach supporting materials (diagrams, site plan, letters of support, tc.) Explanation of compliance wTth Spe ial Conditions accompanies . . . �this application. If you have any questions, please contact: Saint Paul Zoning Office 1100 City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 4102 - (298-k154) 1/1/82 . : _ � �= �-�� . � THE VOLUN EERS OF AMERICA COFR CTIONAL SERVICES `. Ray C.Tremont Jeck L Dignum National Director Midwest Regional Director James E Hogie,Jr. SPECI L CONDITI4NS DistrlctDirector a. ) The building at 905 E . Seventh Street has served as a residential facility s ' nce 1967 and housed up to 120 residents at one time . The structure is a three story building with a full b sement and a collective area of 37 , 532 square feet . I was constructed in 1915 as a clothing factory and w s remodeled in 1967 . From 1981 to the present it has een licensed as a Community Residential Facility f r up to lOQ mentally retarded adults . " b. ) The building has serve up to 120 residents at a time in the past . The Volu teers of America, in its - applicatkon for approv 1 to operate a Community Residential Facility, roposes to reduce the density of the population and ope ate a program of up to 70 residents . c. ) Volunteers of America is requesting a modification of the lot size requirem nt . The existing structure has ' served as a residenti 1 facility for approximately 20 years and did at one ime serve 120 residents . During the past 5 years it h s held up to lp� residents . This population has not cr ated a problem for the community in the past . The Vol nteers of America program would reduce the population density of the previous programs down to 70 . However, an approved population of less . . than 70 would create n undue hardship in that it would not be financially fe sible to successfully operate the program. Strict adhe ence to the lot size special condition may cause u due hardship to the present owner as well . The Volunte rs of America Residential Center on Lake Street has a rack record of positive community . . � relations with neighb rs , area seniors citizens , and ' ` the precinct police d partment. Additi�nally, no � crimes have been committed in the surrounding � neighborhood by VOAR residents . We would anticipate a similar track record developing in the Dayton's Bluff community as well . he Volunteers of America has no intentions of physic lly altering or expanding the physical building in anyway. Thus the height, yard setback, and maximum percent of lot occupied by the � existing structure w 11 not change . ResidentialCente� • (612)'/21-fi327 RegionalCorreetionsCenter . (6121488-2073 2825 E Lake Street • Minneapolis,MN 55406 1771 Kent Street • Roseville,MN 55173 . � � - �� ° d. ) The nearest Community R sidential Facility is the Greenhouse , located at 80 Greenbrier St . , St . Paul, MN 551C16 . The distance be ween the two facilities is approximately 220� feet e . ) Volunteers of America i tends to meet the special condition for off-stree parking spaces . A meeting has been arranged with repr sentatives of the First Bank Systems to formalize a lan for lease of parking spaces . This meeting w' ll take place on November 4, 1987 . A meeting will a so be arranged with a representative of the 3 Company to discuss use of their parking facilitie during off business hours . Residents who wish to rive must meet strict criteria as outlined irr the VOA C Rules and Regulations . Each must produce a valid M ' nnesota driver's license, proof of automobile insuranc , and proof of ownership of the vehicle or written con ent of the owner to operate the _ vehicle , in addition t establishing that a need to drive rat�ier than util ' ze public transportation exists . . Procedurally, Voluntee s of Americ� will implement a parking permit plan. esident parking will be monitored through issu nce of formal permits . Residents will be requ red to park in their assigned spaces . It is underst od that visitor parkin� may be a � concern within the com unity. In compliance with the Rules and Regulations , all visits require prior approval and all visit rs will be required to park in a designated area. Hist rically, VOARC residents rarely have visitors at the C nter. , f. ) Volunteers of America nderstands that a special condition use permit plies only as long as licensing, � purpose, size or loca ion do not change and agrees to abide by these condit' ons . . ��'- 9.,�� PARiCZNG LOT TF.''� RARY USE AGrZE�."'�P7T THIS AGR�.*�NT, aiade this � �„ day of December, 1987, between FIRST BA.*T1C EAST, NATIONAL ASSOCIP, ION, as LESSOR, and VOLUNT�RS of AN�RICA, a 501 (c) (3) orqanizati n as I.�SS�. � WI�REAS, the LESSOR is owne of the parking lot located at 879 East Seventh Street, St. Paul. Minneso a and shown on the attached Exhibit, and LESSE° desires tc use a portion o said lot on a temr�orary basis. The parties to this Agreement agree follows: I. LESSE� may use only t portion of the parkinq lot as � shown in yellow on th attached exhibit. 2. LESSEE will issue pe 'ts for vehicles authorised to use its portion of parkin lot and shall be responsible for ' monitorinq and dealin with nnauthorized parking. 3. LESSOR aqrees to arr ge for snow plowing and removal, however LESSEE agrees to reimburse LESSOR for 673 of those costs. - -- - -� - - 4. LESSEE aqrees to ass all risks incident to the use of the parking lot and hold LESSOR hazmless from and indemni�ied against y loss, damage or expense resulting . � � from injury to perso or persons, or damage to or loss of property caused in y manner by the LESSEE, its agents, ,or employees and ag ' t any loss, damaqe oz expense, resultinq from inj to LESSEE, its agents or employees, , -1- . �o" �� ` �. �, ' or to any qoods, Wares, merchandise or other property in its possession or under its control. ' 5. LESSEE will maintain a licy of comprehensive general liability in an amount ot less than 51,�00,000 combined single limit, and will ame LESSOR as additional insured. LESSEE shall provide LE SOR a certificate of insurnace with not less than 30 days ancellation. 6. This aqreement shall c nmience �A2Ci-� � , 1988 and .. continue on a month to a�onth basis. In the event the property is sold or LESSOR need the parking lot for its own purposes, . LESSO$ shall have the ight to terminate this agreesnent by _ giving LESSEE 60 days dvance written notice. IIJ WITNESS WI�REOF, the p 'es hereto have caused this Agreement � to be executed the date first wri ten above. LESSOR: LESSEE: • FIRST BAN1C EA3T, National Associ tion VOLUNT�'...ERS OF AMERICA - - - - •• - � - - � By ��C�fill.GG/ gy v»'�4 � , � . ' • Its: l/.�� T�S: �� ' -2- 1 . � :, j /� \R �o C` � . � � ' ; � �� `� . , ; i ` '�'' y , . , �c• � . . /f� . , .,,. _ . ` � ,/� � . M�ndota Strsat � �' / I � � / ♦ _� � ' • J�T��,V \ \ %, . � I I I � / . • , I .� 1 � ' psrkinq � I ana /n !or � 1 � iaea � r I to � � � • iae� parkiaq asra '� L � N � I � � Volunte�rs o! ' � K 11arrlca `y1 I r G I � � � J, � � '_ ��e�; �. � � . . t — . — — �. � � � ' . . � r ; � � � � . ; - � �HANTS � I : . � . , � � , � ,;w.,..�,. . .,.....�,W�> . . , � 7REET .. . _ L�.t s.r.nrh stz..e n Lshibit , . . Shaded area leased� for . � parkinq-will accommodate - 17 parking spaces , . � ,. . ,fi��" - y�� r _ !. I71ZEN PAR I IPA I �M��J C �' M f � ( � A r � • Y t J O � . r�GV. rt ,' , � A D � � _ ` ` 7 * ! ��♦ C .o.. ,� ' .r��T � w r� ♦ ' aac � , ' ......�r, .1 � i �� `� „r.,,,e ,. r � � ` � R � % s .o• ., f a. u � 'c... � w� ~ f ,•-e.. = 11 � s R � � ..* • z [ ',..d. 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'�, ?'y0 I ��.�. ��y��U � IO' S U V:�-'�0��'�:�:� v'C • L7 �P". + %'� . �3� eC � , ; , � , �� , ;oi � � ��o! o: � o� �o� � :� � o � � �;b;o�$I�� : :�� ,Q , o . � � � � o; � i I � 'o�. I� Q � c � . P9 i i_ : .: : � i ; , , 1_. � : . : : . : � , � . : � ' : _ , . : : ' : : : f1 , � ; � � ; � , � olr ' ? �O. � � ' T ; , ; � � ., � I jOj I � ; ;OiOi `Oi � �5 t0�0 v 'T, �'�CXJ�� p�� O O � O:;'Y G C- v � V C Y,Y �� :� � �. �� O O :p; �,-� r�ICy;'�! 4`�U�J'�' S� � v � � � O + � OrJ000 O �C I .; � � , ' ! , i , - • - - � A EA �J1�P APPLICANT �� LEGEND , . � f . — — ZONING DISTRlCT BOUNOARY P RP E � � � SUBJECT PROPERTY U OS , . c� O ONE FAMILY PLA!�NWG wb r � [ �'� �C.t � �� DISTRtCT ¢ TWO FAMILY FILE N0. � ��°� � DATE � � � �� MULTIPLE FAMILY • � n COMMERCIAL SCALE � 1��= 200� NORTH � � i°° �NDUSTRIAL MAP N0. SAINT PAUL P!ANNING BOAR� V YACANT r � c' ,_ ,�,� —�L.� L� � � ST. PAUL I T Y COUNCIL ��o PUBI. IC H ARING NOTICE ��`' �9�� Z N I N G - N�Py �� G��G� T0: Property owners within 350' ; FIL E N 0. 10289 Representatives of Planning Di trict 4 PAGE PURPOSE An appeal o the Planning Commission decision denying a Special C ndition Use Permit to establish a Community Residential Facility by Uolunteers of America. The permit was denied ecause the applicant could not adequately meet the parking condition. �ocaTioN 905 E. 7th treet (Northwest side between Mendota & Reaney) PETITIONER TIMOTHY F. ADDEN H E A R I N G Thursday, May 1 , i9ss 9:0o A.M. � Citv Councii Ch mbers, 3rd Floor City Hall - Court House Q U E S� i0 N S Zoning 298-415 ��;Sa Freese� Contact the Zon ng Section of the Planning and Economic Development Dep rtment, Room 1101, City Hall Annex, 25 W. 4th Stre t, St. Paul, Minnesoia 55102 Legal Descript on: On file Notice �ent 5/3/88 s � �, ��v, ST. PAUL CI Y COUNCIL � PUB�IC HEA ING NOTICE �CElVED ZO ING MAY 041988 CITY CLERK T0: Property owners within 350' ; FIL E N 0. 10289 Representatives of Planning Distri t 4 PAGE P U R P 0 S E An appeal of the Planning Commission decision denying a Special Condi ion Use Permit to establish a Community Residential Facility by Volunteers of America. The permit was denied beca se the applicant could not adequately meet the parking con ition. LOCATION 905 E. 7th Stre t (Northwest side between Mendota & Reaney) PETITIONER TIMOTHY F. MADD N H E A R I N G Thursday, May 19, l9as 9:0o A.M. . Cit Councii Chamb rs, 3rd Floor City Hall - Court House lQ U E S��10 N S Zoning Z9s-4154 � ;Sa Freese) Contact the Zoning Sectinn of the Planning and Economi� Development Depart ent, Room 1101, City Hall Annex, 25 W. 4th Street, t. Paul, MinnesoLa 55102 Legal Description: On file Notice aent 5/3/88