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88-1680 WNITE - CITY CIERK '' PINK - FINANCE G I TY OF SA I NT PAU L Council . CANA�.'N� DEPARTMENT u -� BIUE - MAVOR . FII@ 1�0. ` Council Re lution a Presented By � � Referred To Committee: ' Date Out of Committee By Date I WHEREAS , J. A. Development, Inc. , 445 Broadway Avenue, St. aul Park, Minn. 55071 , pursuant to the provisions of section 60. 413 12) of the Saint Paul Zoning Code, acting on behalf of the owner, 409 Van Dyke Limited Partnership, applied to the Plannin� Commission of the Cil.y of Saint Paul for a special condition use permit to allow t1�e construction of a two-unit cluster housing development in an R-3 Sir�e� e Family zoning district for property located at 409 Van Dy1�e Street, and legally described as Lot 2 except the north 60 feet of the e�:-:.. ' .^"• feet, Block 5 , Hudson Road Garden; and WHEREAS, Following a public hearin� conducted by the Zoning Committee of the Planning Commission,with notice to affected property owners and to the applicant, the Planning Commission adopted its rf:�olution number 88-52 , adopted on July 22 , 1988 , grantin� the request for special condition use permit subject to the conditiori that a play lot for children be provided in the area to the east of the proposed structure, and further granting a modification from the provisions of the Code requiring that the property contain a min�mum of 80 feet of frontage on an improved street, based on the following findings and conclusions of the Commission: 1 . The Zoning Code requires that the property have at least 80 feet of fronta�e on an improved street. The subject properity has only 60 feet frontage onto Van Dyke Street, which is an implroved street. The parcel is flag-shaped with an unusually long diepth. The strict interpretation of the zoning code would allow one house to be placed on this lot. The site is not suited for a large lot development. COUNCIL MEMBERS Requested by Department of: ' Yeas Nays ; Dimond L.on� [n Favor Goswitz I Rettman sc6ei�e� _ Against BY Sonnen Wilson I Form Appro by City Atto ; Adopted by Council: Date Certified Passed by Counc.il Secretary BY I BY . Approved by 1�lavor: Date App v d by Mayor for Submission to Council i gy BY i i � ��-,�� 2 . If this lot were developed as one single family detached dwelling, it would be necessary to significantly alter the slope and remove existing vegetation in order to provided a driveway onto the property from Van Dyke Street. As part of a cluster development, access is provided to the structure via the driveway on the adjacent lot. Therefore, the proposed development will preserve the environmental features of the site, which is a primary objective of the cluster development. � 3 . The housing element of the Comprehensive Plan policies encourage more efficient use of land resources and recognizes a need to provide a variety of housing opportunities . The Saint Paul Tomorrow report affirms the need to encoura�e innovative design and to provide family housing alternatives . Therefore , the proposed cluster development is consistent with the adopted city policies pertaining to the general welfare of the community. 4 . The design of the two unit cluster development does not impair the enjoyment of the adjacent property. WHEREAS , Acting pursuant to the provisions of the Zoning Code, the decision of the Planning Commission in this matter was duly appealed to the Saint Paul City Council by Concerned Neighbors Association, 1841 Conway Street, Saint Paul , Mn. 55119 , and a hearing was requested before the City Council for the purpose of determining whether the Commission committed any error of law or fact in granting the modification of the front foota�e requirements and granting of the special condition use permit for the cluster development; and WHEREAS , Acting pursuant to the provisions of sections 64 . 205 through 64 . 208, and upon notice to appellant and other affected property owners, a public hearin� was duly conducted by the City Council on September 22 , 1988 where all interested parties were given an opportunity to be heard on the matter; and WHEREAS , The Council, having heard the statements made at the public hearing, and having considered the application for special condition use permit with modification, the report of City ataff, the minutes and findings of the Planning Commission and its Zoning' Committee, does hereby make the followin� determination: Resolve, That the Council of the City of Saint Paul does hereb,y find and determine that the Planning Commission did commit error in grantin� the modification of the front footage requirements of the Zoning Code and the issuanee of a special condition use permit for the proposed cluster development at 409 Van Dyke Street, and the appeal of Concerned Neighbors Association be and is hereby granted, based upon the following findings of the City Council : 1 . 409 Van Dyke Limited Partnership is the owner of two parcels of property. The first parcel is designated as 409 Van Dyke :?' • � � ��,�� Street and is zoned R-3 Single Family. The second parcel is located to the south of parcel one, described as Lot 3 , Block 5 , Hudson Road Garden, and is zoned RM-2 Multi Family. The owner proposes to develop parcel 2 with 14 dwellin� units , and that parcel one should be developed with two single-family units which are attached ( for zoning code purposes, designated as a cluster development) . 2 . The proposed cluster development on parcel one does not meet the zoning code requirements in that it does not have the mandated 80 feet fronta�e on an improved street, and therefor cannot be developed as a cluster development unless the Planning Commission should grant a modification of the terms of the zoning code. Section 64 . 300 (c) of the zoning code provides that the Commission may modify the special conditions "when strict application of such special conditions would unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure and would result in exceptional undue hard�hip to the owner of such property or structure; provided that such modification will not impair the intent and purpose of such special condition and is consistent with the health, morals and general welfare of the community and is consistent with reasonable enjoyment of adjacent property. " 3 . The owner of the property has not presented convincing evidence to establish that parcel one cannot be put to a lawful use without the modification. The property is zoned for single family development, and can be developed as a single family home without the necessity of a modification of the frontage requirements . The owner' s desire to construct two homes on the parcel is part of the overall development of both parcels one and two, and the proposed over-all development is too dense for the surrounding area. The owner has not established that the proposed developments will not cause detriment to the adjoining neighborhood and community. Other reasonable alternative uses to the proposed cluster development exist. -.3- ! WHITE - C1TY GLERK � PIKK - FINANCE C�U�II - CANARW-.pEPARTMENT GITY OF SAINT PAUL -� BLUE -MAVOR File NO. � � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Further Resolved, That the �ity Clerk shall mail a copy of this resolution to J . A. Development, Inc . , Concerned Nei�hbors Association, the Planning Commission and the Zoning Administrator. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� _ In Favor Goswitz Rettman a B sche;bei _ Against Y Sonnen Wilson o�'T' �` � (�8 Form Approve y City torne Adopted by Council: Date i� Certified Yass d y C cil Sec r,y-� BY — gy, �y Appro y Mavor: Date � � Approve by Mayor for Submission to Councii By By PtlB�ISNEt� '�� 1988 . R ��l� : `� ' , .�d° 012777 , - �� DEPARTMENT . - - - - - - CONTACT NAML ; � PHONE � DATE ASSIGN NU1�B� FOR $OIITING ORDER: (See reverse side.) _ Department Director _ Mayor (or Assistant) _ Finance and Msnagement Services Director _ Citq Clerk - . Budget Director _ _ City Attorney _ TO�AL NUMBER OF SIGNATURE PAGES: (Clip all locations for signature.) G 0 � (Purpose/Ratio le) �1r'1oNt�` G'�t +�� i� C'Od�.tw�cd /'��l,�k�at�' � �.�J�►p� 7�{ ��„2 s��,� d � P��,MK��t �,os�:'�`1'��,r��- �tkd �'!l c�fi C+l ��R Ct� �dh�� ?' �j�v 4l�P �*.�M�" y�►V' G� G��il'�- 0%r'� a�A►�~ : ! � . .�"' �0', �7fM� Q�fl�C �'j`Y�'�. �Y`+'��''�,� �l�.�+C� `.��rt �2�� I'r'�fi/�. ¢,QSTJBENEFIT BUDGETARY AND PERSONNEL I1�fPACTS ANTICIPATED: �'I�CING S9URCE ANA BUDGET ACTIVITY NIJMBER CHARGED OR CREDITED: (Mayor�s signature not required if under $10,000.) Total Ainount of Trans�ction: Actinity Number: Funding source: Councii Research Cent r ATTACHI�lENTS: (List and number all attachments.) ��j Q 6 �988 ADl!II�tISTRATIVE PRQCEDURES , Yes _No Rules, Regulations, Procedures, or Budget Amendment required? �Yes _No If yes, are they or timetat�le attached? AEPARTMEI�T REVIEW CITY ATTORNEY RLVTEW � Yes _No Council resolution required? R.esolu�ion required? Ye No �'�es _�o Ins�rsnce required? Insurance su�Ef�,cient? 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Y - u .t, : .A � �k . � `. 1�.�'� > - 4'� � � ��'� � �-� � 1� Y,� �� r ��y�. 3 . � � . ,i` . .�.' \ �j t �t�: � '��fl � � x ° ' � ( ` , ,,''. . i 'i :�. 1 .� u� t � �,t - �. �g�� .{ i , , ;�� i } 1- p , � _ � ; �.�� .,`�'t rp - ��r r / Sr � 'r u -1. , d , � � " }f � t 9 � : t� -,� ��! �p �1 �� f� ; 4�� ' �C y, -� �e ' r a ,, � r h r. '1 . . y+s�' �Y t � �� r a. . .. ._ . }� .. :.,... a ,. . .�i .. ,'t��.. .. . ... .,s_.. ,�'( . , ,,. , ,.., 'f�`, : . .,x:.,, v, .,r.:�... ,v� °��,nt.z,..... , _n' x�.. . ... �...�,t�i;�'�:�, .,+. � , , � �-�-��D . ��,G1SY Opm � �� CITY OF SAINT PAUL ° ��„��i,,, ; DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT `vo °11 �� ha' DIVISION OF PLANNING 25 West Fourth Street,Saint Paul,Minnesota 55102 786� � 612-228-3270 GEORGE LATIMER ,....-._. MAYOR � ,�� September 1, 1988 � RECEIVED Albert Olson, City Clerk Room 3s6, c�ty xali SEP 0 6 1988 Saint Paul, MN 55102 CITY CLERK RE: Zoning File #10362 - Concerned Neighbors Association City Council Hearing: September 8, 1988 PURPOSE: To appeal a decision of the Planning Commission which approved a Special Condition Use permit for a 2 unit cluster development at 409 Van Dyke Avenue PLANNING COMMISSION DECISION: Approve (16-2) . ZONING COMMITTEE DECISION: Approve (3-2) . STAFF RECOMMENDATION: Approve. SUPPORT: None. OPPOSITION: Two persons testified in opposition. Dear Sir: On July 14, 1988, the Zoning Committee of the Planning Commission held a public hearing on this special condition use application. The petitioner testified. At the close of the public hearing, the Committee recommended by a vote of 3 to 2 to approve the permit with conditions based on staff findings. On July 22, 1988, the Planning Commission upheld the Zoning Committee's recommendation on a 16 to 2 vote. The Planning Commission decision is being appealed to the City Council by several adjoining property owners. The public hearing is scheduled before the Council on September 9, 1988. Please notify me by September 8, 1988, if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, 0^�.�f• �/��. Lisa J. Freese City Planner LJF:rm Attachments - . � ��'- /�� D , . 1� , �PPLICATION FOR APPEAL ZONIN6 OFFICE USE ONLY CITY OF SAINT PAUL Fi le #► � v �� RECEIVED Application Fee � �'o � �.�. AUG 111988 Tentative Hearing Date � ZQNINC� Application �s here y made for an Appeal to the �i+s� ��=nci? under the provisions of Chapter 64, Section '�� , Paragraph ._ of the oning Code to appeal a decision made by the Board of oning Appeals � Planning Comnission on ,;uly 22 , 19g�. _ Zoning Administrator (date of decision) _ Planning Administrator _ Other A. APPELLANT "artir. Cocchie.rella Name CON 'ED NEIGABORS gSSOCIAiI^.+- see attaci�s.ent #1 Daytime phone 739^8567 Address �a4� Con�a,,Y Street� St. P�ul Ztp COde 55��9 B. DECISION BEING APPEALED Zoning file name d. �. Develo�ment, Inc. toning File � �032� Property Address/Location 409 o��Yke, St. Paul, Mn. �5�'9 Legdl description �t 2 except tne north 6C feet of tr.e e,�t 120 feet, Rlock5, nu son _oa c=ar.._en C. GROUNOS FOR APPEAL (Use additional sheets if necessary. ) (txplain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or ffi�ding made by the Board of Zoning Appeals or the Planning Commission. ) See attaciv.:ents ,�'Z, ,-�3� and ;¢4. If you have any questions, please contact: "��'�c•�-� Applicant's signature St. Paul Zoning Office 1100 City Hall Annex 25 West Fourth Street � �� Saint Paul, Minnesota 55102 Date Ci y ag (298-4154) 9/82 . , • , ATTACHMENT 2 In reference to: 2d. The parcel shall have a minimum fronta.ge of 80 feet on an improved street. The paxcel has only 60 feet of fronta.ge on VanDyke Street. A modification of this cond.ition would be required for approval of the permit. pur Position: When the connecting property at 413 and 4�15 VanDyke was being developed the owners (Mr. and Mrs. John Ba.bler), even though they ha.d enough frontage, were required to purchase a 2 1�2 foot strip of property from 417 VanDyke to meet the minimum square footage required by the zonin� laws. Therefore, we feel that the frontage requirements for 409 Va.nDyke be upheld as required by zoning laws. In reference to: 3. The Planning Commission may modify any special condition when strict application would unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure, would result in exceptional undue hardship to the owner of the property or structure, and such modification will not impair the intent and rn»ose of such special condition and is consistent with the health, morals and general welfare of the community and the enjoyment of the adjacent property. Our Position: Wherever the proposed play lot would be placed it would cause excessive noise and increase the possibility of property damage to adjacent properties. The rental cluster itself would cause increased noise, traffic, and litter to the adjacent property (413 and 415 VanDyke) partly due to the si.xty foot frontage instea.d of the required eighty feet. These reasons would cause undue haxdship related to the enjoyment of the adjacent properties. The a.djacent and surrounding properties to 409 VanDyke have depreciated. with existing multiple rental units and will further depreciate with the development of the proposed multiple rental units at 409 VanDyke. We ha.ve proffesional and expert documentation to back this. � ATTAC}II�1T 3 In reference to: 4, The parcel is flag-shaped with an unusually long depth. The strict interpretation of the zoning code would allow one house to be placed on this lot. The site is not suited for a large lot development. Our Position: In quoting the statement "The strict interpreta.tion of the zoning code would a11ow one house to be placed on this lot.", our Position is tha.t the present dwelling is a single family home adhereing to current zoning laws as are the rest of the adjacent properties and should rema.in as such. Modifying the existing zoning code, in regards to 409 VanDyke, would not be consistent with the existing standards of the a.djacent lots, nor would it benefit them. In reference to: 5. If this lot were developed as one single family detached dwelling, it would be necessary to significantly alter the slope and remove existing vegetation in order to provide a driveway onto the property from VanDyke Street. As part of a cluster development, access is provided to the structure via the driveway on the adjacent lot. Therefore, the proposed development will preserve the environmental fea.tures of the site, which is a primaxy objective of the cluster development. pur Position: No, it would not be necessary to significantly alter the slope and remove existing vegetation. Some alteration ma.y be necessary, but far less than what has been done in the surrounding area alreadY• Little vegeta.tion xould have to be removed. - , . �'�,/��'O , ATTAC� 4 In sddition, we would like to draw your attention to: Housing, Redevelopment, Planning, Zoning 462.357 Subdivision 6, Item 2 To hear requests for va.riances from the literal provisions of the orclinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstra,ted that such actions will be in keeping with the spirit and intent of the ordinance. "Undue haxd.ship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variances if �anted, will not alter the essential character of the locality. Economic consideration alone shall not constitute and undue hardship if reasona.ble use for the property exists. Our Position: �ardship has been created by the landowner and not nature. Reasonable use for the property does exist. There is no undue hardship with the property. It is a single family lot and rema.ining as such will not cause grea.ter hardship. We also feel that the term "character" is used in vague terms. We feel there are two characteristics: Land and Neighborhood. In reference to land characteristics, it is true . that there are two trees and a ten foot grade. It is being looked upon as a beautiful characteristic of our neighborhood and not as a slight obstacle. We as a neighborhood do not object to the removal of tha.t characteristic in exchange for a single fa�ily home, We do object to the destrudtion of our neighborhood characteristic. The nei�hborhood adjacent to 409 VanDyke has single family homes only. If multiple fami7.y units were to be added it would destroy our neighborhood cha.racteristic. ^ M�J '""'�.' ' of saint . . . comm�,ss�on r f�e number 88-52 C�3te .ruiY 2�. i9ss WHEREAS, J. A. Developuent, Inc. , file �10321, has applied for a Special Condition Use Permit with Modification under the provisions of Section 60.413(12) of the Saint Paul Legislative Code, for the purpose of allowing a two-unit cluster housing development on the property located at 409 Van Dyke Street, legally described as Lot 2 except the north 60 feet of the east 120 feet, Block 5, Hudson Road Garden; and WHEREAS, the Zoning Committee of the Planning Com�ission on July 22, 1988, held a public hearing at which all persons present vere given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. The applicant proposes to construct an 18-unit townhouse development which includes a two-unit structure on the parcel in question (zoned R-3) and four, four-unit structures on the adjacent parcel to the south (zoned RM-2). They will be three-bedroon units with attached single-car garages. The townhouses will be rental units for low and moderate income families using the federal tax credit program for affordable housing. 2. A cluster development is permitted in the R-3 zoning district subject to eight conditions; these conditions and the applicant's ability to meet them are as follows: a. There shaZ1 be a minimum of two (2) units. There are two units proposed for the parcel in question. b. The units sha11 be attached, co�on wa11, single family, with no units intruding on the vertical airspace of any other unit. The floor plans indicate that the two units will be attached at a co�on . side wall and the one unit will not intrude on the vertical sirspace of the other unit. (continued) �� '�J MORTON �.i> ;+�,a'�d � REPKE . � 1aYV� - �.�.�=—�-- �� 2 � �.�' � . � � � � i�� v . , File #10321 Page Two c. The parceI shall meeC the Iot area required per unit in [he aoning district. The R-3 district requires a minimum lot size of 6,000 square feet, so a 12,000 square foot lot would be required for two units. The lot in question is 28,256 square feet. d. The parcel shell have s mfnimum frontage of eighty (80) feet on en improved street. The parcel has only 60' of frontage on Van Dyke Street. A modification of this condition would be required for approval of the permit. e. The structure sha11 conform to the scheduZe of regulat�ons for height, lot � coverage, setbacks end parking. The structure meets tt►e requirements for height, lot coverage and setback. The parking requirement for a two-unit residence is three spaces. For the parcel in question, the plan shows two attached garages plus four additional spaces. The plan shows 16 tuck-under garage spaces plus 15 additional spaces for the 16 units on the adjacent lot. Overall, the plan has 10 more spaces than would be required by the zoning code. f. The design sha11 be compatible with the surrounding area. The design of the structure will be either a rambler or a split foyer. Either design will be compatible with the existing single family residences to the north and west of the parcel. As well, the development will serve as a transitional buffer between the commercial development to the south and the residential to the north. (continued) . • ' , File #10321 Page Three g. Individual lots, buildings, stree[ and parking areas sha1l be designed to minimize alteration of the natural features and topography. The structure is placed in a location that will require minimal gradfng on the site. Also, by providing access to the site via the parcel to the south, the applicant avoids disturbing the steep slope or removing the natural vegetation along Van Dyke Street. h. Application for cluster development shall include site plsns. including landscsping and elevations and other informarion the P1ann�ng Commissfon may request. A site plan was submitted with the application. The applicant must provide a detailed landscaping plan for revieW prior to site plan approval. 3. The Planning Commission may modify any special condition when strict application would unreasonably limit or prevent otherwise lawful use of a piece of property or an exieting atructure� would result in exceptional undue hardship to the owner of the property or structure, and such modification will not impair the intent and purpose of such special condition and is consistent vith the health, morals and general welfare of the community and the snjoyment of the adjacent property. 4. The parcel is flag-shaped with an unusually long depth. The strict interpretation of the zoning code would allow one house to be placed on this lot. The site is not suited for a large lot development. 5. If this lot were developed as one single family detached dwelling, it would be necessary to significantly alter the slope and reuove existing vegetation in order to provide a driveway onto the property froa Van Dyke Street. As part of a cluster development, access is provided to the structure via the driveway on the adjacent lot. Therefore, the proposed development will preserve the � enviro�ntal features of the site, which is a primary objective of the cluster developnent. (continued) . � File #10321 Page Four 6. The housing element of the Comprehensive Plan policies encourage more efficient use of land resources and recognizes a need to provide a variety of housing opportunities. The Saint Paul Tomorrow report affirms the need to encourage innovative design and to provide family housing alternatives. Therefore, the proposed cluster development is consistent with the adopted city policies pertaining to the general welfare of the.com�unity. 7. The design of the two-unit cluster development does not impair the en�oyment of the ad�acent property. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Platuiing Commission, under the authority of the City's Legislative Code, determined that the request to aodify the fzont footage requirement for a two-unit cluster developaent will not impair the intent of the condition, is consistent with the reasonable en�oyment of the ad3acent property, and is consistent with the general welfare of the co�uuity,• and BE IT FURTHER RESOLVED, that the Saint Paul. Planning Commission does hereby_approve the application for a Special Condition Use Permit with Iiodification of the lot frontage requirement to allow a two-unit cluster housing development at 409 Van Dyke Street is hereby approved subject to the condition that a play lot for children be provided in the area to the east of the structure. 1 MINUTES OF THE ZONING COlQiITTEE CITY COUNCIL CHAMBERS, SAINT YAUL. MINNESO?A ON JULY 14� 1988 PRES�T : limes. Hirte, Morton and Tracy; Messrs. Levy, Neid and Repke of the Zoning Co�ittee; Mr. Segal, Assistant City Attorney; l�s. I.ane of the Building Inspection and Design Division; l�s. Freese� Ms. Murray, Mr. Beach and Mr. Soderholm of the Planning Division staff. ABS : Ks. Zieman* and Mr. Christenson* *Excused The meeting was chaired by Gladys Morton, Chairman. J A. Develovment. Inc. [#10321): A Special Condition Dae Nith Modification for property located at 409 Van Dyke Street to allow a t�ro-unit cluster housing developaent. The applicant was present; there vas opposition present at the hearing. Ms. Freese showed slides of the site and susnarized the staff report with a reco�endation for approval. She stated that in this particular esse the original plan was for four units on this lot. A co�proaise �as vorked out aith the District Council for two units snd the intent ras to allav this structure to be as far away as possible froa reside�es to the nortb and the west. District Council 1 then supported the variance xhich Nill be on the July 26 B7A agenda. John l+iathern, representing J. A. Developaent, Inc. , 445 Broadway Aveirue, Saint Paul Park, described. the compronise reached with the neighborhood, the access througt► RM-2 zoned property, and said that the two proposed units vill be no closer than ten feet to any nearby residential structure. Mr. Neid asked if a tot lot will be part of the development. Mr. Mathern responded affirmatively. Mr. Neid asked the rental cost of a unit. Mr. Jeff Johnson, a partner in the J. A. Development firs, responded that the rent would be $500 per month for a three bedroom or a two bedroom/den unit. John Babler, 413 Van Dyke, requested information on the location of the tot lot and also on the type of landscaping to be used. l�Ir. Mathern replied that he was willing to work with the neighbor on a sutually agreeable location for the tot lot. Ms. Freese said that there will be additional landscaping requirements on the site if approval is given; also that staff would work with Kr. Babler on the location of the play area. Ann Cieslak, District 1 Co�unity Organizer, stated that at the June 27 District Council meeting a coaproaise was worked out; hofrever, she said that inforsation given at the present Zoning Co�sittee aeeting, relative to the federal tax credit progrsm for affordable housing, vas not available at the district council seeting. She requested a layaver so t.bat their couacil could act on this additional information regarding tbe develop�ent at their next council meetiag, scheduled for July 25. Mr. Levy stated that the Zoning Co�ittee can only deal �►ith the issue of land use and not of occupancy. . , (�O �'�b El � File �10321 Page 1�0 Ns. Tracy stated that the property is zoned for single faaily use and that it appears the council did not have all pertinent information. Margaret Babler, 413 Van Dyke, said that she did not recall hearing the rental unit rate discussed at the District Council meeting. Hearing no further testimony, Ms. Morton closed the public portion of the meeting. Mr. Jeff Johnson, partner in J. A. Development, responded to neighbors' concerns and stated that as he recollected, the rental unit rate Nas disct�sed at the District Council aeeting. He referred to the firs•s experience in developing other low-aoderate incoae single family housing uaits in Sagan, ![endota 8eights, and Vadnais Heights. l�r. Neid asked what a tNO week layover vould do to the applicant•s plsns. l�ir. Johnson responded that they would like to break ground as soon as possible. Mr. Neid asked if staff was represented at for the District Council Ju�e 27 aeeting. Ms. Freese replied that she was not present�; however. Larry Zangs of the Planning Division Mas at the meeting to answer questions regarding the application. I�Is. Hirte made a motion to xecommend spproval based on staff report findings 1 through 7 and subject to the staff report condition that a play iot for children be provided in the area to the east of the structure. Ms. Tracy seconded the notion which passed on a roll call vote of 3-2 -(Neid, 14orton). Submitted by: Approved by: _ / `� : �. ='�t �.� .-� - � �"� ,��L` Z �, i Lisa Freese Gladys Morton, Chairman ' , ZONING COMMITTEE STAFF REPORT FILE #10321 1. APPLICANT: J. A. Development, Inc. DATE OF HEARING: 7/14/88 2. CLASSIFICATION: Special Condition Use with Modification 3. LOCATION: 409 Van Dyke Street (West side between Old Hudson Road and Wilson Street) 4. PLANNING DISTRICT: 1 S. LEGAL DESCRIPTION: Lot 2 except the north 60 feet of the east 120 feet, Block 5, Hudson Road Garden 6. PRESENT ZONING: R-3 ZONING CODE REFERENCE: 60.413(12) 7. STAFF INVESTIGATION AND REPORT: DATE: 7/7/88 BY: Lisa J. Freese A. �URPOSE: To allow a two-unit cluster housing development. B. PARCEL SIZE: A flag-shaped parcel with approximately 60' of frontage on Van Dyke and a depth of 295.7' for a total lot area of 28,256 square feet. C. EXISTING LAND USE: The parcel is vacant. D. SURROUNDING LAND USE: . North and West: One family residential East: Duplex - 1 lot, multiple family residential South: Parking lot, commercial E. ZONING HISTORY: Prior to 1975, the parcel was zoned "A" residential. F. FINDINGS: 1. The applicant proposes to construct an 18-unit townhouse development which includes a two-unit structure on the parcel in question (zoned R-3) and four, four-unit structures on the adjacent parcel to the south (zoned RM-2) . They will be three-bedroom units with attached single-car garages. The townhouses will be rental units for low and moderate income families using the federal tax credit program for affordable housing. 2. A cluster development is permitted in the R-3 zoning district sub�ect to eight conditions; these conditions and the applicant's ability to meet them are as follows: a. There sha1Z be a minimum of two (2) units. There are two units proposed for the parcel in question. b. The units shaZl be attached, common wa11, single family, with no units intruding on the vertical airspace of any other unit. The floor plans indicate that the two units will be attached at a common side wall and the one unit will not intrude on the vertical sirspace of the other unit. c. The parcel sha11 meet [he Zot area required per unit in the zoning district. The R-3 district requires a minimwn lot size of 6,000 square feet, so a 12,000 square foot lot would be required for two units. The lot in question is 28,256 square feet. d. The parcel sha11 have a minimum frontage of eighty (80) feet on an improved street. The parcel has only 60' of frontage on Van Dyke Street. A modification of . ., , . �.. �:>�.: ..�•. ,_�... :,,�::,.. . , .��Hprav+�„�,:.Qf �ba,peRxafL.- . ,, ,.. .:. .. .<. ; . •.Y.., .,. . . . . . . . . . .. .... ;. . . . . _ .,. . :,_ , _ _ ..,, .. - � , File #10321 Page 1�vo e. The structure sha11 conform to the schedule of regulations for height, lot coverage, setbacics and parking. The structure meets the requirements for height, lot coverage and setback. The parking requirement for a two-unit residence is three spaces. For the parcel in question, the plan shows two attached garages plus four additional spaces. The plan shows 16 tuck-under garage spaces plus 15 additional spaces for the 16 units on the adjacent lot. Overall, the plan has 10 more spaces than would be required by the zoning code. f. The design sha11 be compatible with the surrounding area. The design of the structure will be either a rambler or a split foyer. Either design will be compatible with the existing single family residences to the north and west of the parcel. As well, the development will serve as a transitional buffer between the commercial development to the south and the residential to the north. g. IndividuaZ lots, buildings, street and parking areas sha11 be designed to minimize alteration of the natural features and topography. The structure is placed in a location that will require minimal grading on the site. Also, by providing access to the site via the parcel to the south, the applicant avoids disturbing the steep slope or removing the natural vegetation along Van Dyke Street. h. Application for cluster deveZopme�t shs11 include site plans, including landscaping and elevations and other information the Planning Commission map request. A site plan was submitted with the application. The applicant must provide a detailed landscaping plan for review prior to site plan approval. 3. The Planning Commission may modify any special condition when strict application would unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure, would result in exceptional undue hardship to the owner of the property or structure, and such modification will not impair the intent and purpose of such special condition and is consistent with the health, morals and general welfare of the community and the enjoyment of the ad�acent property. 4. The parcel is flag-shaped with an unusually long depth. The strict interpretation of the zoning code would allow one house to be placed on this lot. The site is not suited for a large lot development. 5. If this lot were developed as one single family detached dwelling, it would be , necessary to significantly alter the slope and remove existing vegetation in order to provide a driveway onto the property from Van Dyke Street. As part of a cluster development, access is provided to the structure via the driveway on the ad�acent lot. Therefore, the proposed development will preserve the errvironmental features of the site, which is a primary objective of the cluster development. 6. The housing element of the Comprehensive Plan policies encourage more efficient use of land resources and recognizes a need to provide a variety of housing opportunities. The Saint Paul Tomorrow report affirms the need to encourage innovative design and to provide family housing alternatives. Therefore, the proposed cluster development is consistent with the adopted city policies pertaining to the general welfare of the community. 7. The design of the two-unit cluster development does not impair the enjoyment of the adjacent property. _. STAFF RECOt�'II°fENDATION: Based on staff findings 1 through 7 , staff recommends approval of the special condition use permit with modification of the lot frontage requirement subject to the condition that a play lot for children be provided in the area to the east of the structure. .. . ¢ .. . . . . . . .. . . .. . .. . . � . . . . , _ . _ , _ . � , . . . . . . . - .. ..�: .. . .. . . ,.. . .. , . . , .. _ ._. _.. . . .,.. > . _ . . .. � � ' APPLICATiON FOR SPECUL CONDITION USE C1TY OF SAINT PAUL ZONING OFFICE USE ONLY File # f O Z Application Fee $ �0 Tentative Hearing Date f Number of Lots or Size of Paccel: L, e-r 4e�. $ Zs (v Application is hereby made for a Special Condition Use Permit under the provisions of Chapter , Section �� y�3 , Paragraph �� , of the Zoning Code to operate a �-�— uo�, 7' I u s rer- �' v e.lr��-��' A. APPLICANT Cp�vt��a.�T Name J.A. Development, Inc. _ �I,�vt [�. (,�a _�Phone (Daytime) 459-4089 Address 445 Broadway Avernie, St. PaL Park, MN Zip 55071 Property interest of Applicant (Owner, contract purchaser, etc.) General Contractor Name of owner (if different) 409 Van Dvke Limited Partnershiv 8. PROPERTY DESCRIPTION Address/Location 409 Van Dvke Street Legal Description: Lot Block Add. Available upon Request Present Zoning RM2 & R3 Lot Size 1.5 Acres C. SPECIAL CONDITIONS Explain how you will meet each of the Special Conditions. Attach supporting materials (diagrams, site plan, letters of support, etc.) See letter arxl. docwnents attached If you have any questions, please contact: R EC E I V ED Saint Paul Zoning Office JUN 131988 1100 City Hall Annex 25 West Fourth Street ZONING Saint Paul, Minnesota 55102 4102 (298-4154) 1/1/$2 - � - � � - /��t� 445 Broadway Avenue I (612) 459-4089 St Paui Park MN 55071 (612) 459-2442 / ,hme 10, 1988 / St. Paul Zoning Off�ce - 1100 City Hall Annex 25 West Fourth Street St. Paul, I�1 55102 To T�fiom It May Concern, _ We are proposing to construct twenty (20) three bedroom imits on the property lmowr as 409 Van Dyke Street in St. Paul. We �ill build four fourplexes and four tovnhanes for a total of twenty units. We are applying for special conditional use/variances for tWO reasons: 1 . Parking Variance - adjustment to set back require�erits. 2. Use of it�12 lot for four .(4) townhomes, even though one condition of Chapter 60, Section 60.413, Paragraph 12 is not completely met. We have attached a Site rlar� for your review. Regarding the parking. �he property and parking is more a�cesable ami available if locat.e:� primarily on the south side of the property, within the set back requirement and ad�acent to the Radison Inn parking lot, south of the 409 Van llyke site. We are proposing to park as close as 5 feet to the property line on the side yards. 111is system allcxas f�r a very functional �rking situation, as w�ell as Providing for oiir on site water detention. By placing the parking on tt�e far south side, thz traffic congeestion is minimized and removed from pedestrian pathWays and a reas where the residents will recreate, thereby reducing public safety probl�ns regarding a�viiig vehicles. Regarding the use of the RM2 lot for four attached townhomes. �e property meets the following requirements of Section 60.413 Paragraph 12: a. There are four units (more than two) b. �he four units are attached with camion walls, single family, with no imit indtruding on the vertical air space of any other units. �e four units will be in a "row-house" design. c. 1�e lot area of the RM2 site of 28,200 square feet exceeds the 6,000 square foot per unit requirement in the zoning district. e. 1he structure will conform with the "Schedule of Regulations" for heigl�t, iot coverage, set backs, and parking. f. The townhome design design will be compatable with the neighborhood which is apnrtments, duplexes, twin homes, anci single family honres. Z�DP��I'�� €l�.E /o � L 445 Broadway Avenue I (612) 459-4089 St Paut Park MN 55071 (612) 459-2442 Jtme 29, 1988 Department of Comrnuiity Services Building Inspection and Design Division Attn: Wendy C. Lane Room 445 City Hall and Courthouse St. Paul, MN 55102 Dear Wendy, Please find attached our application for a density variance and parking variance for our proposed lb imits of residential rental housing at 409 Van Dyke (Lot 3, Block 5, Hudson Road Gardens). We are asking for a parking variance so we may park up to 5 feet from the side yard boundary, where Lot 3 alig�s a P1 zone. This will allow us to have a reasonable amotmt of parking for our 16 units of 3 bedroom housing to be built on this site. If we were to remain 15 feet away from the side yard boundary, we would have less parking and it would have to be parra11e1 parking, which is not desireable. In our meeting with the District One Council and the local neighborhood on June 27, 1988, both groups endorsed this variance as a reasonable way of dealing with parking. The neighborhood is concerned that wernt add any parking congestion to the street, so they endorsed our site plan which would provide sufficient park- ing for our residents, off street. We are also asking for a density variance to allow us to build 16 units of 3 bedroom housing on Lot 2, which is zoned RM-2. �vendy Lane informs me that we can get 14 units of 3 bedroom housing, so our density variance to allow the construction of 16 undits of 3 bedroom housing on this site. In our meeting on June 27, 1988, with District One Cotmcil and local concerned neighbors, this density variance was also endorsed as a recotm�ended course of action. I would also like to mention that we are also developing Lot 2, B1ock 5, Hudson Gardens, at the s�ne time we are doing this Lot 3. The District One Council endorsed a plan reducing our density on Lot 2 from 4 rental units to 2 rental units, and suggesting strongly the 2 deleted tmits from Lot 2 should be added to Lot 3. I hope you give these 2 variance requests a favorable endorsement, as this plar. came out of compromise conference between the developer, the District Once Council and the local neighbors. Sincerely, John Mathern for J.A. Development, Inc. , , . . . . , . .. _ . � _ � �r H�r i��.a�- . . , . . �y�� w _ - = w�._ -- �= - -;.- = i.�. r.�._.�.T�. . .e:.• H� ,.�... ,.• �r! •'.: , t M 1M�A. ni: t ' R ' if:-` 1 Q i �� ~ � t �w ��• * r • - r ► � t --� �� •, = � ; � - -- .� ; �y - 1 �-„� � � �. , x....,., •` M �~' ' ; �� t�.,}j'...•n ' -�-�,u •; •��rw�a � M� { "��."� -�� /N'.. N�y _ { j� �' �-`�'-�t� ==_ '- : � i-�,�j! �� i i I `� f, � , i � r+ • I a .• _�— -- - i r.��.r� W=e. 1s s.. � �e:i �,_�. •.� •� S'� � �� n� � � � , rr N��,�f ,_ _ I , � � - 1 � t �•��*'" — .A � I � , _ �� ..... ` I I � � � ��.�.� .....,: � i j yl � —_ — � � 7 . nqr� i � � � � ', L� �' • •... �� L �� .1 �� I�� - [ �.�'_ . . . 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L S C V� - ZONING DISTRICT BOUNDARY PURPOSE � l,cnrt C�vS�c� CI¢Ve.Ioa�e•�t �1111� SUBJECT PROPERTY O ONE �AMILY PLAN�NG � DISTRICT � TWO FAMI�Y ' Fi�E N0. Q 3 Z ( � O ,..�� a MULTIP�E FAMiLY DA7 E '� • • n COMMERCIAL LAND USE � SCALE � i" - 2C�G` NORTH # � � iNDUSTRfA� �IAP NG. sAINT PAUL PIANNiNG DIVISION V VACANT Z� �� _ _.,...-� . . . .� - � � ��'- /�� ° � � __ ST. PAUL CITY COUNCIL ` � �' PUBLIC HEARING NOTICE RECEIVED ZONING - AUG 241988 CITY CLERK T0: Property owners wi thi n 350' ; FI L E N 0. 10362 Representatives of Planning District 1 PAGE PURPOSE To appeal a Planning Commission decision approving a Special Condition Use Permit fqr a two-unit cluster development. Present Zoning: R-3 (One family residential ) LOCATION 409 Van Dyke (West side between Old Hudson Road and Wilson Ave PETITIONER CONCERNED NEIGHBORS ASSOCIATION HEARING �urgaa,►, September s, i9ss 9:0o A.M. • Cit Council Chambers, 3rd Floor City Hall - Court House QUESTIONS Zoning 298-4154 (Lisa Freese) Contact the Zoning Section of the Planning and Ecnnomic Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, MinnesoLa 55102 Legal Description: On file Notice aent 8�23�88 Fage 1 of 4 PETITION OF APPEAL We. m?moers of the Concernzd Nei �hbors Assacistion (CNA) and the East?rn Hei <h�s Neighborhood. in and aro>>nd ±he area beun�e� hY 'vJhit? Eear Avenue, Thir� Str?et, Oid H��dson Road. and Ruth Str�et. � irmiy oppo�e an,y variances �r �pcci:�l condi�ion u�e permits which allow the addition cf densE multiple unit dweliin�s in aur nei ;�hborn�o�. Within a thre? hlack r�dius , th?re are no less than 13 ma;or mvltiple unit apartment buildings wi *h over 80� cne an� Lwa bedroom units , of which approximately two-thi^ds tor more? are two-bedroam �nits . The remaining units a:�e apx�r�ximately split between �ne an� thre� �edroom units. These units include the fallowing : Place No. of !�nits 1 . C�hateau Terrace �3 2. L��rf ler E�atstes 11�� 3. East Gate Manor �8 4. ��Ha�e 1 waod 1'�U 5 . Huds��n Gar�?ns 66 6. Hudson Terrace ?0 7. 1797 Old Hudson 1'? �. S u n C;: i r r °_�? 9. Van Dyke Place h6 10. Vaiiw�od 1�5 11 . 1845 O1 � Hud�on 1b 12. 1871 Wilson (Group Home) 8 1;3. 1�05 Wi 1 �cn 42 Totals 823 The excessive density is a major con.cern to thase of us who have made t.he nei ?hborhood our home for the following reason� : 1 . It is decreasing the property values of our homes . 2. It is increasing traffic congesti�on and parlcing problems in the area. 3� It is over taxing our fire, police, paramedic. snow removal . and other critical city services. 4. It is detrimentaliy affecting the safet,y and welfare of our children. 5. It is increasin� water run-off and sewer drainage problzms in the area. pa,e 2 of 4 TherefarF. be i' resolvzcl Lhat we as a neighbo:ha�� stand firin, ��nited, and opposed to the ;;rantin� of any and ail variarces or special condition use permits which aliow the addition of dense mvltiple clwellinQ units in our nei ?hborhood. Sincer?ly, - Goncerne� PJeighbors Association . , � �- �� v . . , � Pag� 3 oP 4 Name Address � :��Sv`��a�� l aa�. E �� L. a.��,�"— �9id �. �c�.t,� s. � . .��.� /9i� � .3�0 - (/� _ rr�? S 4. �,� Sc:y1�o.� /9/lo L 3 -{ 5. � � ___. ' ._._,� U � i 9 �'� E. �3�e�. .s'i, s: l ,��,c r.�1�.c1� I y�l� �. 3�'�` ,�"' 7. 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