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88-1514 WHITE - C�TV CLERK PINK ._.- FF?IANCE COUflC1I `' BLU�R~- MA`VORTMENT GITY OF SAINT PAUL File NO. `�� - . Coun ' Resolution f'� �__� Presented By Refe o Committee: Date Out of Committee By Date � WHEREAS, Minnesota Automobile Dealers Association has submitted the attached proposed lot split for City Council approval ; and WHEREAS, the Departments of Planning and Economic Development and Public Works have reviewed the proposed split for 282 Sherburne Avenue, as described on the attached survey; and WHEREAS, the proposed split meets the requirements of Section 67.304 of the Zoning Code, except for the minimum lot size requirements of 5,000 square feet; the lot will have 4,690 square feet if split; and WHEREAS, the City Council on August 25, 1988 held a public hearing to determine the advisability and necessity for the granting of variances from the strict application of the provisions of Section 61.101 of the Zoning Code; at which hearing all persons present were given an opportunity to testify; and WHEREAS, following said public hearing, the City Council made the following findings of fact: 1. The intent of chapter 67.100 is met; 2. The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located; 3. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are generally not applicable to other property; 4. The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond � Long [n Favor Goswitz Rethnan Sc6eibel A gai n s t BY Sonnen Wilson Form App o d by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY gy, t�pproved by Mavor: Date Approv y Ma r or Su ission to Council ` By WHITE - CITY CLERK P�NK _ -,F�NANCE G I TY OF SA I NT PAIT L Council /� �} CAN�RY - DF_�PARTMENT �yr,�/� BLUE - MlfVOR File NO• l� �v� Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 5. The special conditions and circumstances do not result from the actions of the applicant; and 6. Because of the particular natural surroundings, shape or topographical conditions of the specific property involved, unusual hardship to the owner would result, as distinguished from mere inconvenience, if the strict letter of these regulations were carried out. NOW, THEREFORE, BE IT RESOLVED, that the City Council accepts and approves the lot split for 282 Sherburne Avenue, with variance for minimum lot size; and BE IT FURTHER RESOLVED, that a copy of this resolution will be mailed by the City Clerk to the applicant at 277 University Avenue, Saint Paul , Minnesota, and to the Zoning Administrator. COUNCIL MEMBERS Requested by Department of: Yeas �mond Nays P1 anni ng nd Economi c Devel opment �� _�. in Favor Goswitz Rettman � s�ne;n�� _ Against BY Sonnen �'�n SEP � 01988 Form Appr ed by City ttorney Adopted hy Council: Date Certified Yas• y ouncil Se ry BY sy �+ p � Approv iVlav DatP� _ J�r L i 1988 Approv y May mission to Council ; . �\�� By — — ��,.., Pll�.1SHED �� i 198 �� . � .�t� o12ss8 � � PED DEPARTMENT . - - - --—— � orina a s 0 COIaTACT NA't� � X PHONE � DATE ASS 1.� QR ROU�,�, (See reverse side.) Department Directc,�r , � Mayor (or Assistant) _ Finance and Manage t Services Director City Clerk Budget n�rector � Council Research � City Attorney _ TOTAL NUMBER OF SIGNATURE PAGES: 1 (Clip all locations for signature.) F1i�tAT WILL BB ACHIEQED B�TARING ACTION QN THE ATTACHED MATERIALS? �Purpose/Rationale) ; Resolution implements City Council action of 8/25/88 grantinn a lot split with variance to property located at 282 Sherburne Ave. Variance was required 6ecause divided lot would have 4,69� sauare feet and the min�mum standard for tf�e zoninq district is 5,0�0 sqaare feet. � '' RF�Ej , COS BENEI�IT. BIIDGETARY. AND PSRSONNE'js IMPACTS ANTICIPATED: ��D �Ep r 1 N/A , C/T�,� � 988 . �`��ry�Y FINANCING SOtTRCE AND BUDGET QCTIVITY NUMBER CHARGED OR .CREDITED: (Mayor's signature not reqaxired if under $10,006.) RFCEfVEa Total Amount of Transgction: N�A Activity �r0� 1988 Funding Source: , �AYpR•S�FF�C � E Councii Research Center ATTACHMENTS: (List and nuatber all attachments.) � 1.Resolution SEP 0919�� 2.staff report 3.surve,Y ____ 4.map ADI�IINISTRATIVE PROCEDiJ� _Yes , No Rules, Regulations, Procedures, or Budge.t Amendment required? _Yes _No If yes, are they or timetable attached? DEPARTMENT REVIEW � CITY ATTORNEY REVIEFT _Yes No Council resolution required? Resolution required� _Yes No _Yes _No Insurance required? Insurance sufficient? ____Yes !No �Yes No Insurance attached? . C��-�� LOT SPLIT STAFF REPORT FILE SBD #319 1. APPLICANT: Minnesota Auto Dealers Assoc. DATE OF HEARING: 8/25/88 2. LOCATION: 282 Sherburne Avenue (south side between Galtier � Farrington) 3. LEGAL DESCRIPTION: See survey 4. PRESENT ZONING: RT-1 ZONING CODE REFERENCE: 67.703, 67.304 Subd. 1 5. STAFF INVESTIGATION & REPORT: DATE: 8/11/88 BY: Donna Datsko A. PURPOSE; To consider a lot split with variance to divide a single lot, now 44' x 127.75' , to create a new lot 44' x 107.61' and a second piece 40 ' x 20' ; the smaller parcel would be �oined to the existing lot to the south. A variance is required because the new lot would be less than the required RT-1 standard of 5,000 square feet (4,690 square feet) . B. SITE & AREA CONDITIONS: This site contains a single family residence and a detached garage. To the north and west are other low density residential uses; to the south and east are primarily commercial uses. C. FINDINGS: 1. Lot splits must meet six conditions as described in Section 67.304 of the Zoning Code; these conditions are as follows: 1) The Zots have frontage on an existing improved street and access to municipal services; 2) The lots to be divided are previouslp platted Iand; 3) The Iots meet the minimum standards for lot width and area for the zoning district in which they are Zocated; 4) The division of the Zots sha11 not cause a remaining part of a 1ot to become separately described tract which does not meet the minimum standards of the zoning district in which it is Zocated or which does not have street frontage and access to municipal services; 5) The division does not result in a split zoning classification on a single 1ot; 6) The division does not result in the creation of a nonconforming structure or use. 2. The applicant's proposal can meet all but conditions 3 and S. The new lot will be below the minimum lot size of S,OUO square feet and the division will create a split zoning district. The new, smaller parcel is zoned RT-1 and it is to be joined with the southerly B-3 parcel. The applicant does a have a rezoning petition before the city council concurrent with this lot split application. 3. The City Council may grant a variance from the subdivision regulations (for lot size) when compliance would create an unusual hardship, based on six findings of Section 67.703. These requirements and the applicant's ability to meet them with this current proposal are as follows: 1) The intent of the (subdivision) chapter is met. The intent of this chapter is to provide for the orderly, economic, and safe development of land. The purpose of this split is to provide an additional 800 square feet of land which will enable the applicant to expand his building located to the south. The adjacent lot to the east is of a similar size and configuration. 2) The granting of the variance wi11 not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is Zocated. This lot split would not be detrimental to the adjacent neighborhood. , � ��i�'� � SBD #319 Page 1`wo 3) The conditions upon which the request for a vsriance is based are unique to the property for which the variance is sought and are generally not applicab2e to other property. This proposal is unique in that the building is on the property line and there is no opportunity to expand except to reconfigure the lot and include a portion to the north. 4) The literal interpretation of the provisions of this chapter would deprive the applicant of rights com�nonly enjoyed by other properties in the same zoning district. The lot to the east was divided in a similar manner. 5) The special conditions and circumstances do not result from the actions of the applicant. 6) Because of the particular natural surroundings, shape or topographical conditions of the specific property involved, unusual hardship to the owner wouZd result, as distinguished from a mere inconvenience, if the strict Ietter of these regulations were carried out. The applicant would be unable to expand his building in the manner he would like. D. STAFF RECOMMENDATION: Based on staff findings, staff recommends approval of this lot split with variance. . � � ��=�� , • • :INCRK[ f�Itr�r�.�.q'frn't� ' � • ' i .�o.. - ..... ...M� . ___ ...._ • . j� --♦ � , �'j 'l0� _ . , !Y� � • I [wv�O Enlr� .I �- � i i �1" i._ ,.1 ,u.e � fn/ry .j '---� � I 1 i � I I � 1�.N � "" ... � S • � _.. 1 NS � I I x ,� � Y � i + i� t• � � � � , � � . _ I . 5• � . R j� '- � � _ �.� I . � � � w.°. �t � !t . 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O6 , , • y . , � ��.�.�..� � � O O �� ___.._----f - -- - - -� - - ��- - �---1,-'/-- ' AREA MAP APPLICANT m�' �� ea ��C• LEGEND ��I�G S - ZONING OISTRICT 80UNOARY PURPOSE e20h �' W� �-� •a•� , Y////�+ SUBJECT PROPERTY '� �X�0.� O�ii��!e. �W►�►�� ir�i E �A�vi i LY p�/�NMNG � �1STRICT ��3Z3 TWO FAMILY FILE N0. � .7� ,�� MULTIPLE FAMiLY �ATE � O • � � COMMERCIAL LAND USE SCALE � i�� = 200� NORTH � � � �NDUSTRIA� MAP N0. SAINT PAUL PLANNING DIVISION V VACANT � , GlTY � • , �,�� . � �� '� o a CITY OF SAINT PAUL , ��„��°,�, ,, DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT vm "�� r' DIVISION OF PLANNING 25 West Fourth Street,Saint Paul,Minnesota 55102 +ea• 612-228-3270 GEORGE LATIMER RECEIVED MAYOR august 2z, �9ss AUG 2 21988 C1TY CLERK Albert Olson, City Clerk Room 386, City Hall Saint Paul, MN 55102 RE: Subdivision File #319, Minnesota Automobile Dealers Association City Council Hearing: August 25, 1988 PURPOSE: To review a lot split with variance for property located on the south side of Sherburne between Galtier and Farrington Street. STAFF RECONIl�IENDATION: Staff recommends approval. Dear Sir: Attached please find the application, survey and staff report for the Minnesota '� Auto Dealers Association lot split with variance. This application has completed all the required city department reviews at this time and is in compliance with city subdivision standards with the exception of lot size. The applicant plans to separate off a piece of land 20' x 40' and attach it to the property to the south. The larger piece will accommodate an expanded office and storage building. The remaining lot, 4,690 square feet, contains a single family residence but with the split it will no longer meet the 5,000 square foot lot size standard. This lot split is to be heard in conjunction with a rezoning for the split portion of land. Rezoning is necessary to eliminate a split zoning classification (RT-1/B-3) which would result if the property were split but not rezoned. Sincerely, � �� ►-J�l<<'A'� Donna Datsko City Planner DD:ws Attachments � ;, �'�- i�/� �� • � IIKLICATION FOR SU6DIYISION REYIEY , CI7Y Of SAINT PAtA SUBDIYISION REVIEM f �� :��.�� PROJECT NAME Minnesota Automobile Dealers Association Subdiwision OESCRIPTI4N OF PROJECT Change in the division and legal description of two properties. PROPERTY ADDRESS/LOCATION 1. 277 University Avenue 2. 282 Sherburne Avenue IEGAI DESCRIPTION OF PROPERTY See attached sheet. . APPL ICANT James Schutjer C�'PANY Minnesota Automobile Dealers Associat� ADDRESS 277 University Avenue, St. Paul (Zjp� 55103 PHONE (612) 291-2400 TYP E OF DIVISION: (Check one) LOT SPLIT � PLAT: Preliminary Final Combined RLS (4 or Fewer Tracts) (Five or More Tracts) APPLICAN?'S SIGNATURE y* DATE ,1une 21, 1988 FEE PAID S �� CITY AGENT��.��-��J�- V A�r�?�n e�e fay l.Of h�c. — wu n,i ww�,w► �. Soa�qb , y�9 0 � �K y�f- ssssssa:ssraassssasx=a=xxsa=zasacxasss- s:snaa=ssaasa=s=asassxaassasosaaa=xzaxa:aaaz=sa�= OFfICE USE ONLY PLNG DIST �_ LANO USE �_ ZONING �� HISTORY �v3Z3 TAX MAP �_ � � PLANS DIS7RIBUTED �"Z �' �� RETURN BY � � 5-45 Ss REVIEWED BY COh4�lENTS (continue on back) IVED ssssaasas:azzzsa=__-z=csa�ssr=sx=as=ssssna==ssnsssIIaasasaszsaaasssrsszas:�sasss:zszssm JUN 2 21988 fOR STAFF USE ONLY Legal Notice Published Z�N�NG City Council Hearing Date Approved/Der�ied 7/1/85 � � � � ATTACHMENT TO SUBDIVISION APPLICATION Minnesota Automobile Dealers Association 277 University Avenue Current Legal Description: Proposed Legal Description: Lots 13 , 14 and 15 and the Lots 13 , 14 and 15 and the South 20.00 feet of Lots 2 South 20.00 feet of Lots 2, and 3 , all in Block 2 , 3 and 4 , all in Block 2 , CHAMBERS ADDITION, Ramsey CHAMBERS ADDITION, Ramsey County, Minnesota. County, Minnesota 282 Sherburne Avenue Current Legal Description: Proposed Legal Description: Lot 4 and that portion of That part of Lot 4 and the the West 4 .00 feet of Lot West 4 .00 feet of Lot 3, 3, Block 2 , CHAMBERS Block 2, CHAMBERS ADDITION, ADDITION, Ramsey County, Ramsey County, Minnesota, Minnesota, which lies north which lies north of the of the South 20 .00 feet of South 20. 00 feet of said said Lot 3. Lots 3 and 4. �ECE11/�D JUN 22 �988 ZONlNG �,r_ r ��1� . . c J r, �:J �—_. �• • ` LOT SPLIT STAFF REPORT FILE SBD #319 1. APPLICANT: Minnesota Auto Dealers Assoc. DATE OF HEARING: 8/25/88 2. LOCATION: 282 Sherburne Avenue (south side between Galtier � Farrington) 3. LEGAL DESCRIPTION: See survey 4. PRESENT ZONING: RT-1 ZONING CODE REFERENCE: 67.703, 67.304 Subd. 1 S. STAFF INVESTIGATION & REPORT: DATE: 8/11/88 BY: Donna Datsko A. PURPOSE: To consider a lot split with variance to divide a single lot, now 44' x 127.75' , to create a new lot 44' x 107.51' and a second piece 40 ' x 20' ; the smaller parcel would be �oined to the existing lot to the south. A variance is required because the new lot would be less than the required RT-1 standard of 5,000 square feet (4,690 square feet) . B. SITE & AREA CONDITIONS: This site contains a single family residence and a detached garage. To the north and west are other low density residential uses; to the south and east are primarily commercial uses. C. FINDINGS: 1. Lot splits must meet six conditions as described in Section 67.304 of the Zoning Code; these conditions are as follows: 1) The lots have frontage on an existing improved street and access to municipal services; 2) The Zots to be divided are previously platted 1and; 3) The Zots meet the minimum standards for 1ot width and area for the zoning district in which they are Zocated; 4) The division of the lots sha11 not cause a remaining part of a Zot to become separately described tract which does not meet the minimum standards of the zoning district in which it is Iocated or which does not have street frontage and access to municipal services; 5) The division does not result in a split zoning classification on a single Zot; 6) The division does not result in the creation of a nonconforming structure or use. 2. The applicant's proposal can meet all but conditions 3 and 5. The new lot will be below the minimum lot size of 5,000 square feet and the division will create a split zoning district. The new, smaller parcel is zoned RT-1 and it is to be joined with the southerly B-3 parcel. The applicant does a have a rezoning petition before the city council concurrent with this lot split application. 3. The City Council may grant a variance from the subdivision regulations (for lot size) when compliance would create an unusual hardship, based on six findings of Section 67.703. These requirements and the applicant's ability to meet them with this current proposal are as follows: -�� ' , SBD #319 Page T�ao 3) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are generally not applicable to other property. This proposal is unique in that the building is on the property line and there is no opportunity to expand except to reconfigure the lot and include a portion to the north. 4) The Iiteral interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. The lot to the east was divided in a similar manner. 5) The special conditions and circumstances do not result from [he actions of the applicant. 6) Because of the particular natural surroundings, shape or topographical conditions of the specific property involved, unusual hardship to the owner would result, as distinguished from a mere inconvenience, if the strict Ietter of these regulations were carried out. The applicant would be unable to expand his building in the manner he would like. D. STAFF RECOMMENDATION: Based on staff findings, staff recommends approval of this lot split with variance. � , ,;�;� �' �- ��i� �- , , . ____� ST. PAUL CITY COUNCI� PUBLIC HEARING NOTICE Z O N I N G RECEIVED AUG 161988 CITY CLERK To: Property owners within 350' ; Representatives of Planning District 7 FIL E N 0. SBD 319 PAGE PURPOSE To rQView a Lot S�lit with Variance for minimum lot size. An RT-1 (residential one and two family) zoned property requires 5,000 sq. ft. minimum lot; proposed split would result in lot 4,690 square feet. Split protion would be joined with existing southerly lot. LOCATION 282 Sherburne Avenue (southside between Galtier and Farrin ton) PETITIONER p1INNESOTA AUTO��OBILE DEALERS ASSOCIATION H E A R I N G Thursday, August 25, �9ss g:oo. A.M. � Cit CAUncil Chambers, 3rd Floor City Hall - Court House Q U E S TIO N S Zoning 29s-4154 (Donna Datsko) Contact the Zoning Sectinn of the Planning and Economic Development Department, Room 1101, City Hall Annex, � 25 W. 4th Street, St. Paul, MinnesoLa 55102 Legal Description: On file Note: This hearing and review will coincide with the hearing and review for rezoning the split (20' x 44' ) .parcel from RT-1 to B-3. Notice •ent 8/10/88 �T�� - � "'t ��. ST: � �PAUL CITY COUNCIL PUB� IC HEARiNG NOTICE ZONING - To: Property owners within 350' ; FIL E N 0 SBD Representatives of Planning District 7 • 319 PAGE P U R P 0 S E To review a Lot Solit with Variance for minimum lot size. An RT-1 (residential one and two family) zoned property requires 5,000 sq. ft. minimum lot; proposed split would result in lot 4,690 square feet. Split protion would be joined with existing southerly lot. LOCATION 282 Sherburne Avenue (southside between Galtier and Farrin ton) P E T I T 10 N E R p1INNESOTA AUTOMOBILE OEALERS ASSOCIATION H E A R IN G Thursday, August 25, �9ss 9:00_ A.M. . Cit Council Chambers, 3rd Floor City Hall - Court House Q U E S T10 N S Zoning 29s-4154 (Donna Datsko) Contact the Zoning Sectinn of the Planning and Economic Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, Minnesoia 55102 Legal Description: On file Note: This hearing and review will coincide with the hearing and review for rezoning the split (20' x 44' ) parcel from RT-1 to B-3. Notice sent 8/10/88 ��" �'��si� f�'F; �B:R'� y(�` .. ` i.c,yt - :; , ' '�, i��^��i.A 'E9A(i'`�"*: {�1w.^b.t� tl �'#'�' $�' ` . �o��ti v w,�.: �+u�t.�'i. , '- `�.. _ -.. �_ ,. ; :r...�r.=+ys�Y,.F3*�r :. �- '��, ..i . � �`a" a.t�a sv �� . � � .. �'.� �Stk'P� �s� +��' ��. � , �. � �� f'It973�-.t' `tjf3}L a !sy#: �Y6llh d3�?�?.. �.� :N`:i ?r f��`��'. ' t:�i�, �:.. 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