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87-183 WHITE - CITV CLERK � ,�PIN�'�t =�FINAN�E COIlI�Cil /��j � CANARV - DEPARTMENT G I TY OF SA I NT PAU L ,��' �I`�� BLUE - MAVOR File NO� . Council Resolution �� Presented By ' " �� ' Referred To Committee: Date Out of Committee By Date WHEREAS , Louise J . Olson applied to the Planning Commission for a non=conforming use permit to permit the continued use of a third residential unit in the basement of her property located at 1418 Thomas Avenue (the south side between Albert and Pascal ) , the property being legally described as Lot 5, Block 20, Syndicate No. 5 , the application being made pursuant to Section 62. 102, Subd. 5 (11) of the Saint Paul Zoning Ordi- nances ; and WHEREAS , following a public hearing held before its Zoning Committee on December 4, 1986, the Planning Commission by its Resolution No. 86-122 adopted December 5 , 1986 approved and granted the non-conforming use permit for the third residential basement apartment at the said property at 1418 Thomas Avenue based upon the findings made by the Planning Commission and as more fully set forth in its Resolution No. 86-122 ; and WHEREAS , acting pursuant to Section 64. 206 of the Saint Paul Zoning Ordinances , the Midway Coalition-District 11 , 1558 W. Minnehaha, Saint Paul , Minnesota 55104, did appeal this decision of the Planning Commission to the Saint Paul City Council alleging that the decision of the Planning Commission was in error and therefore requesting that the City Council overturn the decision of the Planning Commission; and � WHEREAS , acting pursuant to Section 64. 206 through 64.208 and upon notice to appellant Midway Coalition-District 11 , Louise Olson and other affected property owners a public hearing was duly conducted by the City Council on January 29, 1987 ! where all interested parties were given an opportunity to be heard; and COUNCILMEN Requested by Department of: Yeas p�� Nays Nicosia ln Favor Rettman Scheibel Sonnen __ AgBi(1St BY Tedesco Wilson Form Approved City Attorn Adopted by Council: Date Certified Vassed by Council Secretary BY By A►pproved by ;Navor: Date _ Approved b Mayor for Submission to Council Bv - - — BY wMITE - CITV CIERK "PINKA� - FINANCE GITY OF SAINT PAUL Council /y� /` CANARV - DEPARTMENT File NO• `� � " � BLUE - MAVOR ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS , the Council having heard the statements made and having considered the application for non-conforming use permit, the appeal of the Midway Coalition-District 11 , and the minutes _ and resolution of the Zoning Committee and the Planning Commission together with the report of staff, does hereby ;:: j RESOLVE , that the Council of the City of Saint Paul does �� hereby reverse the decision made by the Planning Commission -:; and therefore the application of Louise Olson for a non-conforming -�i use permit be and is hereby denied, the decision of the Planning �-� Commission being reversed based upon the findings of the City ;;,.;'' Council that the applicant, Louise Olson, has not established that hardship would result if the use of the third dwelling unit in the basement at the premises would not be allowed; and, � be it ;;.` , ;,,;{ FURTHER RESOLVED, that the appeal of the Midway Coalition- _;,:'� District 11 be and is hereby granted; and, be it �`;'i FURTHER RESOLVED, that the City Clerk shall mail a copy , � of this resolution to Louise Olson, Midway Coalition-District `��,� 11 , the Zoning Administrator and the Planning Commission., and be it �;,� �: " '� FINALLY RESOLVED, that the occupant of the basement unit be allowed, until June 1, 1987, to� relocate. `i,_ "F:.',:-:.r ._..:� �_;,�5 'Y �{ 2. � -` I �:..�rt.j�� . ' � COUNCILMEN Requested by Department of: Yeas Drew Nays � ,�' '; -Nieesm� Rettman In FBVO[ Scheibel �� Sonnen � __ Against BY ` Tedesco Wilson !�� FEB 17 1981 Form App ve by City A rney �� Adopted by Council: Date _ �:� �-�� Certified Pa s y ouncil Se r By ,:.:. ,.,a � B}� ,�� -j Appro by :Na or: � FEB 19 1gg� Approved by Mayor for Submission to Council ' t�; B - BY �� '�_i ,, =, pll9liS�ED F�r 2 � i98fi ' . �-- _ � --�---� --r--- ,_ � � � , .� -�; � � , ; ; � ' , � � tr � �� ; �: � ., ; ; ,.: , � - � � . , :� � \ „ r i z 1 � / E4 � u 1 ' .. � ; ��'� '! " j� .Y � � i J � p' �y �,� -^4�: . _ � _ ��_, r ., � , .. � ,� �� " .�, � {� � _ . '' `�� 'v,�� . .�.:.�„..� , ' ` C��„� �� ,Ti ��', ` , CITY OF SAINT PAUL . � ° ��„��i;,, ; , DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT �� _°� �� o DIVISION OF PLANNING 25 West fourth Street,Saint Paul,Minnesota 55102 �.s• b�z-z9a-un GEORGE LATIMER MAYOR January 16, 1987 Albert Olson, City Clerk Room 386, City Hall St. Paul, MN 55102 RE: Zoning File #10056 - Midway Coalition City Council Hearing: January 29, 1987 PURPOSE: An Anneal of the Planning Commission decision which granted a Nonconforming Use Permit to Louise Olson to allow continued use of her property as a triplex; zoning would permit a duplex, unit in question is the basement unit. P�,ANNING COMMISSION DECISION: Approve 9-7 ZONING COMMITTEE DECISION: Approve 4-2 STAFF RECOMMENDATION: Approve SUPPORT: Petition with signatures from 13 neighbors within 100' included in original application. OPPOSITION: One letter received, District Council spoke in opposition. Dear Sir: On December 4, 1986 the Zoning Committee of the Planning Commission held a public hearing on this Nonconforming Use application. The petitioner testified. At the close of the public hearing, the Committee voted 4 to 2 to approve the permit based on staff findings. On December 4, 1986 the Planning Commission upheld the Zoning Committee's recommendation on a 9 to 7 roll call vote. The District 1 l, Midway Coalition subsequently appealcd the Plan�ing Commission's decision. The appeal is scheduled to be heard before the futl City Council on January 29, 1987. On Monday, January 26, the case will be reviewed by the City Development and Transportation Committee and slides wiil be presentcd. ' Sincerely, �av��n�..1� �I�-._ Donna Datsko Planner ll DD:rm Attachmcnts � ,� � E � � . � _ ` � _ � � , � i , � i � � � 1 $ � t i I �. � I_ i ; ' _, ':i � ; . _ f : G i. :i . � �.. � ;� � �� ` i � ; f � t f I � � . � . � . . � �7`�3 APPLICATION FOR .APPEAL ZONING OFFICE USE ONLY CITY OF SAINT PAUL R E C E I V E D File # �U D S b OEC 26 1986 Application Fee $ ��"�^ � / Tentative Hearing Date r '—$7 ZONING �, ,/ Application is hereby made for an Appeal to the l___ under the provisions of Chapter 64, Section �, P ragraph of the oning o e to appeal a decision made by the Board of oning Appeals �/Planning Comnission on " � , 19�j Zoning Administrator (date of decision) Planning Administrator Other A. APPEL A,NT �� , , �O' / q Name ' Daytime phone0 6 �� ! $6 Address j� � � , �,�n y� P_ll�.''►� Zip Code ��(')� --�- B. DECISION BEING APPEALEq � / Zoning file name 1�al�jSe _�dS�� Zoning File # j�QZ`�- Property Address/Location ]�"�� / _; Legal description 1��j �Q��(� C. GROUNDS FOR APPEAL (Use additional sheets if necessary. ) (Explain 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 finding made by the Board of Zoning Appeals or the Planning Comnission.) —c��i i��:� —�-1-�'� If you have any questions, please contact: � ' � . � � pplicant's signature St. Paul Zoning Offlce 1100 City Hall Annex �� 25 West Fourth Street � Saint Paul, Minnesota 55102 Da e City agent (298-4154) g�82 �� . � ; � ; ' � t : � � ; , � . � � � . _ �� E _ � _ � .. � ' ; j i, � � , t . � .. . . . - . . � ... j, . .� . �- . .... . � . � ` . . � .... � . .-..� .. . � � � . . �_, . � , � . ' � �1-/� M�dwsy. i 558 W. Minnehaha Ave. Coalition St. Paul, Minnesota 55104 Distri�t 11 s4s-,s8s Serving the Hamline Midway area ,�,. December 26, 1986 Board of Zoning Appeals llth Floor, Court House 25 W. 4th Street St. Paul, MN 55102 Dear Board of Zoning Appeals, At the December 9 Board of Directors meeting of the Midway Coalition -District 11, a motion was passed to appeal the decision made by the St. Paul Planning Commission on December 5, 1986. This is in regard to the application for a Nonconforming Use Permit for'�. the purpose of allowing the str'ucture at 1418 Thomas Avenue to continue to be used as a triplex. The Midway Coalition-District 11 submitted a letter to the Zoning Committee of the Planning Commission on December 4 requestinq a two month lay over until further information could be gathered from Mrs. Louise Olson, �he owner of the pr'operty, in regard to her statement that the elimination of the basement apartment would create a hardship. The Board of Directors found the decision for approval by the St. Paul: Commission inappropriate for the following reasons: 1) No proof of hardship was presented. Mrs. Olson is an absentee landlord, and did not provide information explaining how the loss of $135.00 per month would create a hardship. Our under- standing, i� that the purpose of the Planning Commission is to decide the most appropriate use for land in the city. It appears that the issue of hardship was the major �eason for the appoval of this application. 2) Spot Zoning is not consistent with the District 11 Plan. If this pactice continues, the character of our community will change. Each time spot zoning is allowed, our neighborhood suffers. If we are interested in keeping young families in the city and marketing attractive neighborhoods, it is important ta loak at each cammunity as a whole, and how decisions impac� that neighb�arhoc�d .l�ng tarm. We beli.eve our reque:;t tor a two m�nth Lay over �hould have beer� g�anted, and that the Planning Commission erred by not acknowledging the � � �. ;: • -_ i , , .. : � j ; .� � 4 C r -.. . � . . .� . � � � j_ . � � . ��. �.� .. . ��' �. �-��: . - . i � . � � . � . � �- �>�� ' the Distr'ict 11 Council's r'equest. It is ouz' purpose as a community organization to look at I.ong range goals of our neighborhood. We have been doing this for 10 years with success, and that experience should be respected. Sincerely, �� Valer'ie Hix� President, Midway Coalition cc; Councilmember Victor Tedesco Councilmember Kiki Sonnen David Lanegr'an, Planriing Commission � � i � .' � , i . 1 - ��. � � � ► ; � �� , _ , _ t . . ;_ , : ; . ,. ,, � _ � ` , � � � � � �� E � , � . � . � . . � �1-��3 city of saint paul planning commission resolution file number 86-122 �te December 5, 1986 WHEREAS, Louise Olson File #10024 has applied for a Nonconforming Use Permit under the provisions of Section 62.103 Subd. 5(11) of the Saint Paul Legislative Code, for the purpose of allowing the structure to continue to be used as a triplex on property located at 1418 Thomas Avenue, legally described as Lot 5, Block 20, Syndicate No. 5; and WHEREAS, the Zoning Committee of the Planning Commission on December 4, 1986 held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Codc; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as subsequently reflected in the minutes, made the following findings of fact: 1. The applicant has stated that her family bought the property in 1965 and lived there about four years. About three years before she moved there, a basement was put in and the larger dwelling unit was moved onto thc lot. When her husband became ill, the basement apartment was added to the property to provide additional income to the family; this conversion occurred about 1969. The basement unit is one bedroom and rents for $135/month, the main house has three Uedrooms and rents for $325/month and the original house is a one bedroom unit which rents for $275/month. 2. To grant legal nonconforming status to uses which fail to meet the standards of the zoning code, the Planning Commission must make nine findings of fact; these findings and the applicant's ability to meet them are as follows: a. The use occurs entirely within an existing structure. The unit in question is a basement unit. b. The usc is similar to other uses permitted within the district. The area is primarily low density residential -- one and iwo family uses. The resident;al use is similar but the density of use is more intcnse than the surrounding ncighborhood. moved by Pangal seconded by Summers in favor 9 Rol l Cal l �ote against- �;.I f i � : : . , . _ � , _ ; ; , � � , ._ _ _ ; � . � � .� , r ► , , r , , , . , . � � . , � . . � � . . � . , � 0 ��-�� , . , �- � c�ty of saint paul planning commission resolution file number date (continued) File �10024 Page Two c. The use is appropriate and is consistent with the general welfare of the community and the enjoyment of adjacent property. The residential use is appropriate and is consistent with the general welfare of the community and adjacent property. d. The use has been in existence for a period of at least ten years prior to the application to the Planning Commission. The applicant has provided statements from two individuals who worked on the conversion of the basement unit; both statements attest to the fact that the work was completed more than 10 years ago. The City Directory list three occupants beginning in the 1969-70 volume; after one name is the notation `basement'. e. T'he off-street parking is adequate to serve the use. Off-street parking is available for three vehicles and that number is adequate for thc intcnded use. f. The use is in substantial agreement with the Comprehensive Plan. The Comprehensive Plan states the city's commitment to neighborhood improvement and that "conversion of existing housing shou(d occur on a limited basis in most neighborhoods to avoid concentration and disruption of the neighborhood character." The continuance of one unit which has existed for a period of at least 10 years will not disrupt the neighborhood character. g. Hardship would result if the use were discontinued. 'The applicant has stated that she is 74 years old and relies on the rental income of the property for her personal support. She has also stated that additional hardship would result for her new tenants if they were told to vacate. moved by seconded by in favor.- against � r � r ; _ , � ' . ; , ; _ _� , _ , ; �,, I � , . _ � � � � � E , : _ , .. . , � _ _ , ; , _ _ , , : � � � � � �� . ; , .. ! . ; .:. � . � . . . � ("��/�� , � . city of saint paul planning commission resolution file number date (continued) Filc #10024 Pagc Three h. Rezoning the property would result in "spot zoning" or a zoning inappropriate to surrounding land uses. The parcel is one lot, 4,960 square feet in area in the center of an R'T-1 zone; rezoning to RT-2 would be spot zoning. i. That a notarized petition of two-thirds of the property owners within 100 feet of the property has been obtained stating support of the use. � The applicant has provided a sufficient petition. NOW, T'HEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the authority of the City's Legislative Code, the application for a Nonconforming Use Permit to allow the continued use of third unit, basement apartment at 1418 'Thomas Avenue is hcreby approved. moved by seconded by in favor- against ! _ ! � � �i� � � �� , ; � , � _ i . ! i ;. ' � r _ - � I i � ; , ; , , , ; . ' �;::. � � � t � � . � f � i � � , ' � . � ��7-/$� MINUTES OF THE ZONING COMIvIITTEE 'CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA ON DECEMBER 4, 1986 �� PRESENT: Mmes. Morton, Summers, Tracy; Messrs. Lanegran, Lcvy, and Pangal of the , Zoning Committee; Mr. Segal, Assistant City Attorney; Ms. Lane of the Division of Housing and Building Code Enforcement; Ms. Murray, Ms. Datsko Mr. Soderholm, and Mr. Ryan of the Planning Division staff; Ms. Wyeth of the Riverfront Officc. �i►BSENT: Mme. Zieman; Messr. Repke , The meeting was chaired by Joseph Pangal, Chairman. } LOUISE J. OLSON (#10024): A Nonconforming Use Permit for property at 1418 Thomas Avenue to permit continued use of third unit, basement apartment. The applicant was present. There was opposition present at the hearing. Ms. Datsko showed slides of the site and reviewed the staff report with a recommendation for approval subject to the basement apartment meeting all applicable city codes and standards. Ms. Datsko stated that a letter was received today which is in opposition to the permit. Louise Olson, owner of 1418 Thomas Avenue, residing at 1899 Phalen Place, advised the committee of the purpose of her application: supplemental income due to small amount of social security received. She would appreciate keeping tfie property the way it is at present. CMr. Lanegran asked if Mrs. Olson ever lived in the house to which she replied in the affirmative. Her family resided there until Mr.Olson developed lung trouble at which time they moved to the suburbs (Maplewood). Richard Gunderson, 1632 Thomas Avenue, distributed copies of a letter from the Midway Coalition, District 11, which asked for a two-month delay of the case in order to ascertain all pertinent facts. He stated that the Land Use Committee meets on Tuesday, December 9, at which time they would like to discuss this in more detail. Mr. Gunderson also stated his strong feelings as a private citizen about the request; two houses on one 40 foot city lot with no back yard. He stated that it is not a good thing for people living there or a good thing for the families next door. He stated that what he sees happening here is a situation which frequently happens in their neighborhood, that is, someone trying to buy a single family dwelling, add a kitchen and then sell a duplex. He sees in this case an absentee . landlord that may or may not need the money; he feels that no true hardship is shown in this case (the basement apartment is $135 per month of a total of $600 or a700 a month �, rent). He questioned why this is before the committee at this time; the planning department stated to him that it was the fire department that brought this matter up. He stated that the neighborhood was "scared of you" - "wc figure that you witl pretty much allow anything - we don't turn people in for this and we don't want the fire department coming around turning people in for this - we don't want this rezoned." Mr. Pangel stated that the Fire Department now does the Ccrtificate of Occupancy inspections and asked Mr. Gunderson if he was aware of this. Mr. Gunderson said that he had heard of the terms but was not sure of the meaning. Mr. Pangel asked Ms. Lane if this was picked up on a certificate inspection. Ms. Lane stated that the Fire D�partment went ` out there and discovered it was thrce units as opposcd to two and they told Mrs. Olson that in order to continue the third unit she would have to come in for a Nonconforming Use Permit; there is no fire hazard so far as we know. 1 . ` � , � � � , � , ; _ ; : : . 1 � � _ � � ` I � �� i I . , i � � i � � � � ! ; � .. .� j . � � , � . � �'�ffi � . � �, File #10024 - Page Two Mr. Gundcrson stated that spot zoning would be the final result and asked if that was what we wanted in our neighborhoods. Mr. Pangel replied that this was not spot zoning, the zoning remains the same; the permit would allow her to continue using the property the same as she has used it during the past 15 or 16 years. Mr. Gunderson stated that what in effect this does is to allow her to sell a triplex and if we did not have this attack on the community it would not be able to be sold as a triplex. He stated he was not out to hurt anyone or make any big changes but feels that it was not a good thing for the � neighborhood and does not want it approved and that District 11 is asking for a delay of 2 months. Mr. Pangal asked if there were further questions of Mr. Gunderson. Mr. Lanegran stated that the unit in question is not the second unit but the basement unit and that no one in the neighborhood has complained about this in the past IS years to which Mr. Gunderson stated that the neighborhood tries not to make waves and whenever they did they received a face full of salt water. . Hearing no further testimony, Mr. Pangal closed the public portion of the meeting. Mr. Levy stated that he appreciated the observations of the person who made the presentation in opposition, but statcd that given the facts of thc case and the zoning code, he would be willing to support approval of the nonconforming use based on findings 1 and � 2 and staff analysis. Mr. Levy made a motion to recommend a permit for 1418 Thomas Avenue subject to the basement apartment meeting all applicable city codes and standards. Ms. Summers seconded the motion. Ms. Tracy inquired if part of the code is to have the parking area paved or gravelled to which Ms. Datsko replied no, but that it would be possible to add conditions as has been done in the past. Mr. Soderholm inquired regarding the possibility of placing an expiration date on the basement unit to meet the applicant's financial hardship but also to reduce the use of this property to a duplex whenever the property is sold. Mr. Segal stated that placing an expiration date on the permit would be hard to fit in with the nonconforming use intent and the findings that have to be made by the Planning Commission to approve it. Ms. Tracy asked as to whether or not this had ever been done bcfore or ever brought up. Mr. Segal stated that it is possible to attach conditions to insure that the public welfare will be protected but that he is concerned about how this would fit with the finding that the use is appropriate and is consistent with the general welfare of the community and the enjoyment of the adjacent property (if it is only for so long as this particular person owns the property). Mr. Levy stated that nonconforming status is allowed to continue so long as the structure is not damaged beyond 60 per cent and it is usually in terms of the life of a structure not the owner. He stated the purpose of this provision as he understands it is to allow what this speaker secmed to be addressing--a situation has cxistcd for a numbcr of years that doesn't scem to annoy the ncighbors or bc totally inconsistcnt with thc way thc arca has bccn � developed. The strict interpretation of the codc would d;sallow that particular use but rezoning is not the proper answer because thcn an island of spot zoning is created. f , � _ � i _ I ; _ , : I : � f , i � , � , � l � _ � ,� , � . � f I � . ' , . ; � . � , , , , ��-r� � File #10024 , � Page Three ' •` The city wanted to have the means of allowing this type of use to continue. Further discussion followed regarding sale of property in the future, density, hardship, protests of neighbors. There being no further discussion, Mr. Pangal stated that the motion is for approval subject to meeting the conditions. Motion passed on a roll call vote of 4 to 2. Submitted by: Approved y: " � 1 ' `� ��,,�C.(�✓ � �N V1ti�A.�"��t��' �� y' 1/ �� Donna Datsko Joseph angal, Chairman / � � �� . � �� .� � � , � M . � j , . ._ ,..� . .�..��. : • ..�.�. - . . � .�,. - �� ., . .._.....�.�.�:�. . . 1. � .. - .. , . � i ` �, � i .. .. � . . � � `,,. . � . .. . `. � 1 � . j-..- -. .. �.� '.'...�.�.' '�-...'.. .. � , . .: '.;.,,,;'. '.'.�:.�� . , : . ! 1 � , , � . � . � , � � ��l� APPLICATION FOR NONCONFORMING . 'USE PERMIT CITY OF SAINT PAUL��D ZONING OFFICE USE ONLY G�1 Zoning File � � 0'�Zy _ RE a6 � . ,�f � �,g 19 -� Appl ication Fee S �L��7� �C ZON1NG Tentative Hearing Date Number of Lots or Size of Parcel: ______________________________________ A legal nonconforming use of structure/land is one which lawfully existed on October 25, 1915, the effective date of the adoption of the Saint Paul Zoning Code. Application is hereby made for a Nonconforming Use Permit under provisions of Chapter 62, Section 102, Subdivision 5, Paragraph of the Zoning Code. __________________________________________________________________________________________ A. APPLICANT . �i N ame �`'u-�J P hone (D ayt ime) �7 � c� �� Address ` `� , Z 1 P S.jr la Q Property interest of Applicant (Owner, contract purchaser, etc.) . Name of owner (if different) c =aaaea�:a=mcoo�a==:====asa=s==o====cs====a===°=_=====ao==asa=sanaamsnaaao===a=ssasssxssass B. PROPERTY DESCRIPTION —�/ Address/Location � �� l L�,-,��c,�, ��c� Legal Description: Lot � Block �� Add. � Present Zoning Lot Size _=====a=ao=====_=====o=o_______________________________________c=====_____�__=====x=s��=aa C. USE INFORMATION �` ' ` Previous Use (Attach suppor�ing documentation) �e.,�T��.�u ,� .�( .�C � .�_t� Proposed Use or Change (Attach Site Plan) t,� � ;_ \ � �� , � � `` � If you have any questions, please contact: Saint Paul Zoning Office, 1100 City Hall Annex 4102 25 West Fourth Street, Saint P aul , Minnesota 55102 (298-4154) 2/85 � , � �� , � � _ , . , : , � , . ; _ . � ; � i � ! ,: ; � , � ; . ` ; . � , _ � ; :; � , : ;. � .. � i � i � � � � . � � . �� . , � �' �r��-�� . � CONSENT OF ADJOINING PROPERTY OWNERS We, the undersigned, owners of property within 100 feet of / y �� "�-��-�� G^^�- acknowled e that we have been furnishecl with a copy of the application of u—. . •-•�. for a special condition use permit/nonconforming use permit ircle one along with any relevant site plans, diagrams, or other documentation; and that we consent to the approval of this application as it was explained to us by the applicant or his/her representative. LOT BLOCK ADDITION RECORD OWNER SIGNAT RE DATE �� .._,e ' �< "�'�i.;G'�y � :�� 9/o / // [A � / � / • � , . /'� �r��,, � � .� `� (,`��-6��..`(� �.A/1 L 6�.(�v �l/�"t•-� � Jd"-' O'EJ �f0 � �r�� O � � � -- � � 9/z� � � e u� > � � � � ,rz� � ' � �, f! � �� 1 --` / ` � / 1 � � , l� �0 8� � G�.�i� f.� � � "_ c '° ��'� � � .� � _ � ,� i� �^ � , %� � . � f -�4 f�. �-.:�.Qi . � 2/85 + . i I �� ; � ; � i , , , ; , f � i , , , ; , i y � , _ I _ ! , ' . � - . � ��.�"7'l�3 STATE OF MINNESOTA) : SS COUNTY OF RAMSEY ) � ��-� �g� . _� , being first duly sworn, deposes and state�hat he is the erso'n who � irculated the within petition and consent, consisting of � pages; that affiant is informed and believes that the parties described are the owners respectively of the lots placed immediately before each name, that affiant is informed and believes that each of the parties described above is the owner of property which is within 100 feet from any property owned or purchased by petitioner or sold by petitioner within one (1 ) year preceding the date of this petition which is contiguous to the property described in the petition; that except for _ none of the parties described above has purchased or is purchasing property from petitioner contiguous to the above described property within one (1 ) year of the date of the petition; that this consent was signed by each of said owners in the presence of this affiant, and that the signatures are the true and correct signatures of each and all of the parties so described. �� , � , , � �> `� Address �� '-S � Telephone Number Subscribed and sworn to before me this�_ day of �C�,��r 19 � , Notary Pu i � �—' arvhrm.�nrmn�nnnnn�'�n.'�^�`^'v�n^N'^^A� - �r•�a ' JOHtJ T.LOUIS ��"}a��NOTAkY PUuLIC—R*��NESOTIi �a�' � HE�tr��►,� couNrr My Commisswn Expires Sept.11, 1991 � V � Ap�roved as to form - Feb. 85 Page of Planning Department f � � � I . i _ , ; ,-: . i � f � { : � 1.� . • . . j ... .. . � . � t" I ` � . .. � . � . 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I V i � . ; ; � � � 4 l � ' + i ' �' � 1 i:.. ..... :: ' ; ; � ,: �: : ..: � . � � . � � . � � . - ��-�-�� Midway 1558 W.Minnehaha Ave. Coalition St. Paul,Minnesota 55104 Distri�t 11 sas-,sas Serving the Hamline Midway area ,.,�;,. December 3, 1986 Joe Pangal Zoning Coana�ttee 25 West 4th Street 110 City Hall Annex . St. Paul, MN 55102 Dear Mr. Pangal, The Executive Cou¢nittee of the Midway Coalition-District 11 has received the request for a nonconformin�g use permit at 1418 Thomas Avenue. It is the recommendation of the Midway Coalition thet this matter be lnid over for two months until there is further information about this property. Although the zoning staff is recommending approval, it is unclear that the 9 criteria are actually met. These criteria are interpreted and possibly could be looked at differently. There are 2 structures on a very emall lot, permiesion was not requested to add a �asement apertment, and it ia not clear that this is appropriete and consistent with the general coc�nunity. We request that thie be laid over until the Midway Coalition hds had the opportunity to spenk with the owner, Mre. Olson. Sincer y, Valerie J. Hix, esident Midway Coalition-District 11 d � � , ' t � , , , � : � , : � . , . � � .; � _ .. �: � ,� � �, , � i ; , ��i , : ; �� ; : � . � � . � . , - @��-�� ZONING COMMITTEE STAFF REPORT • s�:sza�xasassmaszcx��ma:aa:xs FILE #10024 1. APPLICANT: Louise J. Olson DATE OF HEARING: 12/4/86 2. CLASSIFICATION: Nonconforming Use Permit 3. LOCATION: 1418 Thomas Avenue (south side between Albert and Pascal) 4. PLANNING DISTRICT: 11 5. LEGAL DESCRIPTION: Lot 5, Block 20, Syndicate No. 5 6. PRESENT ZONING: RT-1 ZONING CODE REFERENCE: 62.102 Subd. 5 (11) 7. STAFF INVESTIGATION AND REPORT: DATE: November 24, 1986 BY: Donna Datsko c=s==cxc�cm�a====�a==�somxa===ax=x==n�=c=c�====so=�==mxxs=xs sxaa=o===co c=====c== m�=aa=oa=��s�=a=��s=aaas==�c=am�oo m�===s�oa=vc==o===�s�os�=m�=====c========o===o A. PURPOSE: To permit continued use of third unit, basement apartment. B. SUFFICIENCY: The petition was declared sufficient by the Planning Division on October 30, 1986; 19 parcels eligible, 13 parcels needed, 13 parcels signed. C. PARCEL SIZE: The parcel is one lot - 40' x 124' for 4,960 square feet. D. EXISTING LAND USE: The lot contains a small house connected to a larger house and has a third unit basement apartment. E. SURROUNDING LAND USE: North: one and two family residential East: one and two family residential South: one and two family residential West: one and two family residential F. ZONING HISTORY: Prior to 1975, this property was zoned B residential and its use was a nonconforming duplex. According to the accessor's records, there was a single dwelling on the lot until 1959 when a second building was moved from another lot. G. FINDINGS: 1. The applicant has stated that her family bought the property in 1965 and lived there about four years. About thrce years before she moved there, a basement was put in and the larger dwelling unit was moved onto the lot. When her husband became ill, the basement apartment was added to the property to provide additional income to the family; this conversion occurred about 1969. The basement unit is one bedroom and rents for $135/month, the main house has three bedrooms which rcnts for �325/month and the originul housc is a onc bcdroom unit which rcnts for $275/month. 2. To grant legal nonconforming status to uses which Cail to meet the standards of the zoning code, the Planning Commission must make nine findings of fact; these findings and the applicant's ability to meet them are as follows: a. The use occurs entirely within an existing structure. The unit in question is a basement unit. b. Thc usc is similar to other uses permitted within the district. The area is primarily low density residential -- onc and two family uses. Rcsidential use is similar but the dcnsity of use is morc intcnse than the surrounding neighborhood. c. Thc use is appropriate and is consistent with the general welfarc of the community , and the en joyment of ad jacent property. The residential use is appropriate and is consistent with�the general welfare of the community and adjaccnt property. . � , � , � ��7-f� File #10024 Page Two, d. The use has been in existence for a period of at least ten years prior to the application to the Planning Commission. The applicant has provided statements from two individuals who worked on the conversion oF the basement unit; both statements attest that the work was completed more than 10 years ago. The City Directory list three occupants beginning in the 1969-70 volume; after one name is the notation `basement'. e. The off-street parking is adequate to serve the use. Off-street parking is available for three vehicles and that number is adequate for the intended use. f. The use is in substantial agreement with the Comprehensive Plan. The Comprehensive Plan states the city's commitment to neighborhood improvement and that "conversion of existing housing should occur on a limited basis in most neighborhoods to avoid concentration and disruption of the neighborhood character." The continuance of one unit which has existed for a period of at least 10 years will not disrupt the neighborhood character. g. Hardship would result if the use were discontinued. The applicant has stated that she is 74 years old and relies on the rental income of the property for her personal support. She has also stated that additional hardship would result for her new tenants if they were told to vacate. h. Rezoning the property would result in "spot zoning" or a zoning inappropriate to surrounding land uses. The parcel is one lot, 4,960 square feet in area in the center of an RT-1 zone; rezoning to RT-2 would be spot zoning. i. That a notarized petition of two-thirds of the property owners within 100 feet of the property has been obtained stating support of the use. The applicant has provided a sufficient petition. H. STAFF ANALYSIS: The lot area is small for a three unit residential use -- a duplex in an RT-1 zone requires 3,000 square feet per unit; Mrs. Olson's lot is less than 5,000 square feet. However, given that there is substantial evidence that the use has existed for more than 10 years, there is adequate parking, the unit provides an affordable housing opportun;ty and hardship is demonstrated, staff recommends approval. I. �TAFF RECOMMENDATION: Based on findings 1, 2 and staff analysis, staff recommends approval of the nonconforming use permit for 1418 Thomas Avenue subject to the basement apartment meeting all applicable city codes and standards. - . ��7�� ITIZEN PAR ICIPA�IO DI RI S � •�,.�w „ wT� N �j� . , � ! `� p � � ■O r wrl.r7.f A� N ��' � � w ; � ! If.q. ' R 4 � �� ♦ � ` � ` ,�,,a 12 '� � 6 � � 5 : , �, w �.: '� � � �� ,, � ...a,.,� �t = �y.�.,.b ,� � J 4f -� 1 � � ,�.. ,. i _ � y Mr./ ` b W' 7t M G�!P '. � ■ Y , ; i � i n,s f F . `�"�a.. � f ! �.�,..w '•., � E .�,. .. e ,. ^ � s k. - � � ....,...,. r �r a � n a. � � �w a � ...,�.. �� 4 , � � � r = • � � ,,\ s ; ,.w � r B $ � ,�" �.. � 4 .w�v«.. +a \ a � � ; tti�+ wt __ swa r[ � � $� �•..`�`K -�-. .ro' �1t� su++r +�e � % 4 =� \ a� � I � � y � �� .� S � '' w �"_ �e � Y s c..w .a �+ 'r t�`p�� F 8 e �' 14 �,.,,� ,� ' �: 3 ^� "° e.d�°.° i� ' g .� �� s, � � ,��, � o.��. K �� . S F � $ � � • / S ~ � s• � � � J : ; Y Y E r ` _ �_ � � � 1 5 "s � � ' �� °° ? E z q .r....o� .,w. � �.�o ..�� ;«�. �.,, A� .e.rc.s �j b � I 9 � roo ..... � y N g a ,t5� , � i 1� +V�'�f�. N S I � ,2 ,� 1�CLaMIF 1f� l� , \ A( a� ; �d J / \ � � � -� ' ��,, �,°'� i ``� "' ' ��, � �� ''1� o ,� �, �.«, � �� \ CITIZEN PARTICIPATION PLANNING DISTRICTS 1.SUNRAY—BATTLECREEK—HIGHlJ00D 2.6REATER EAST SIDE 3.WEST SIDE 4.DAYTON'S BLUFF S.PAYNE—PHALEN 6.NORTN END 7.THOMAS—DALE • 8.SUMMIT—UNIVERSITY 9.WEST SEVENTN ��w . LINF—MIDWAY 12. Tl�II1VP""""_' 13.MERRIAM PK. —LEXINGTON HAMLINE 14.GROVELAND—MACALESTER 15.HIGt�LAND 16. SUMMIT HILL 17.D041NTOWN � ,� � I � � � � ; . � ; , � � � _ � , . � , , . ; �- ' r ; ' _ - i � � . , ' .., �: i . ; � , , - i i � i � L, � ._�J � - - . _ � . � _ ��>/ .� 0 5 0 0 � 00 � 0000 2� � 000000 � 000 � o o►o�o ��a'oc , o . , � 11 � ' i _ � -°o- - � � _ _ r1 ¢ o 0 000 000 ¢ o0 0 ¢000 00� c� o � oo oc� oc �!oc 0 � a ��r i00 p O ¢ O O O jO OOOOOOC o p W/L SON HIGH � O i0 � � 0000000 _ � 40vOO � C O S G3 Z � C.•� -�'o,►d m j00 p � p 00'00 � V OOOOOOO+ O �` ¢ O CO J O ¢ O �� O :� C ' O L1- O � Q O � O O ? O � O O' a Z 'OO � � OOOO �� p ¢ UVOO ¢ � Q OOO � c) �' ¢ -I'h or�as eo 0 0 00 �o 0000000;00 � o � � � � � o ¢ ool� 0 0 0 ' ; _., = o 0 . o � ' �, o00 000000 �!� 0 � oo ¢ ot� uc; o � � o � o , avE . �d,�� d ;� o ¢ o 0 0 .�. c� o 0 0 ��, ��o.o 0 0� a ° � � �;� o o�� o � l ; O T- [� � � � ' � , �- � ' �n '� G��c� ��(.?�C SP/TA[ ¢ � ¢o 0 0 00 o ao o�� c• �. co:o�c _ �-, � , AV E . Cba�I�s , � o � oo 000000co 000�caolo! c� �'o�ao'o �� oc,ccc � c�, � _..�._L. ' ._.1. � 1 _ ' 1 o -�T _ _ � .. 1 1 � �_ T. .� ,. � I I n nn r� nn r� n [� r� , b 1 O � OO IC` c�!n��V C`�OC�I,` � �� U � AREA MAP APPLICANT rn�1�s,�� nM LE�END � -' — ZONING DISTRICT BOUNDARY PURPOSE ,�2�. � .C . ��1:Cl.� SUBJECT PROPERTY � � O ONE FAMILY PLANNING Q`� C D��'s� 'D� �er� DISTRIST ¢ TWO FAMILY � FILE N0. �DOSl� l I OATE D�c_ Zq � I qR6 �� MULTIPLE FAMILY • � n COMMERCIAL SCALE� 1��= 200� NORTH � � � �NDUSTRIAL MAP N0. SAINT PAUL PLANNIN� BOARD V VACANT � D � � � � + .� � � : � � , .-� � � . ' • . �,_.�7_,1�� CITY OF SAINT PAUL =� �s�� OFFICE OF THE CITY COIINCIL •unuaee :N�� . Ddte . January 26, 1987 COMM (TTEE RE PORT TO = Saint PQUI City Councii F R O M � C o m m it t e e 0 h C i ty Deve 1 opment and Transportat i on CMAIR Wi 11 iam L. Wi ison ,:. ; � �� i . �pp�e�^^��=�'"1�`fi'c�l�y Coa 1 i t i on, D i str i ct T T , Nbn- 1�l ,'�i ..#.4�::��.,,�1�ed..out of' , _� ,. �;� � 2. Ordinance amending Chapter 410 of th� Legislative � Code pertaining to Non-Intoxicating Malt Liquor tCo�nittee recommends approval ) 3. Ordinance amending Chapter 409 of the Legislative Code pertaining to Intoxicating Liquor (parking requirements for bars) (Committee reconrnends approval ) 4. Analysis and recortxnendation� on panhandling (This item was referred to committee on 7/29/86 for discussion - no action was needed by committee) CTTY HALL SEVENTH FLOOR SAINT PAUG MINNESOTA 55102 �„ 1 _ . � (� �� . � � � . ,....� . .0-� CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM � :�'..::...i � _": �.�.. January 28 , 1987 ,i�i i1i ;1 ",1 - v _, rCi1::." ;�;�::.._.. `.'..::! :'':...:.. M E M O R A N D U M TO: Councilmember Kiki Sonnen 722 City Hall FROM: Jane A. McPeak / \ Deputy City Attorney J� RE : City Council Access to Law Enforcement Investigative Files I have been asked by Lee Ann Turchin to prepare a memorandum setting forth the current law on access to law enforcement investigative data. Ms. Turchin indicated that the request had arisen at the January 26 City Developmen� Committee meeting and been communicated to her during a telephone conversation with your aide, Molly O 'Rourke. The Minnesota Government Data Practices Act found at Minn. Stat. Sections 13 . 01-13 . 89 governs dissemination of government data. Section 13 . 82 specifically deals with law enforcement data which by subd. 1 of that section is not confined simply to police and sheriff departments but extends to any agency which carries on a law enforcement function. This includes license, housing, building and fire code inspectors. Section 13 . 82, subd. 5 , reads as follows : "Except for data defined in subdivisions 2 , 3 and 4, investigative data collected or created by a law enforcement agency in order to prepare a case against a person, whether known or unknown, for the commission of a crime or civil wrong is confidential or protected non-public while the investigation is active. " means there has been a decision by the agency or the prose- cutorial authority not to pursue the case. 3 . When investigati�e data has been presented as evidence in court. The Data Practices Act imposes rather severe penalties for the improper release of data. These range from imposition of damages, award of attorney fees, suspension without pay, and dismissal from employment. My involvement in what has been perceived as a change in policy regarding Council access to investigative files began in December of 1986 with a memo from Frank Staffenson. Mr. Staffenson asked . � �7��3 Councilmember Sonnen Page Three January 28 , 1987 about release of a file still under investigation to your office . I advised him of the Data Practices Rct provisions regarding investigative data. Since then it has come to my attention that both Mr. Staffenson and Fire Marshall Zaccard' s offices have in the past released active investigative data to City Council members. It has always been this office ' s advice, as set forth in previous written opinions and oral opinions, that active investigative data is confidential or protected non-public. So there has not really been any policy change. The only time a policy change can occur is if there is a change in state law. If you have any questions or care to further discuss the matter, I am available to meet with you. JAM: jr cc : Members of the City Council Mayor Latimer Lee Ann Turchin Edward P. Starr , �-��%�3 _ - CITY OF SAINT PAUL ' ��ii'ii1°� 1 , � `•, OFFICE OF TH� CITY COUNOIL KIKI SONNEN Councilmember MOLLY O'ROURKE Legidath� Ald� • January 19, 1987 Mayor Latimer Room 347 City Hall Dear Mayor, In a recent memo you pofnted out the need for Councilmembers to go through your office in order to. get information from ' enforcement personnel, such as the certificate of occupancy inspectors. For this reason, I'm asking for the chance to talk with Fire Marshall Steve Zaccard regarding the certificate 'of occupancy h�story on 1418 Thomas Avenue. This case is before the City Council on an appeal by the Midway District 11 Coalition of a Planning Commission decision. The Planning Commission decided on a split vote to issue a nonconforming use permit for a third dwelling unit in the basement of 1418 Thomas. From my reading of their discussion, the Commission seemed to base their decision on the basis that this third unit in the basement has been in existence since about 1969-70. Apparently a 1986 fire Department inspection turned up the existence of the third unit at this property which has been up until now assessed by the County as a duplex and which has had a legal property description as a nonconforming duplex ever since 1975. I would like to ask the Fire Marshall if previous inspections found a full living unit in the basement anytime prior to 1986, and if this unit were allowed to continue, if it meets minimum health and safety and building code requirements. For example, does it meet the requirements for a second exit and for enough air and light? I would also like to review the building permits issued for this property to see if work done in the past were to make this a separate dwelling unit or 3ust to enhance the first floor unit. CITY HALL SEVENT'H FLOOR SA1N'T PAUL, MINNESOTA 55102 612/298-5378 ��.se , , . C� ��-�� January 19, 1987 � Mayo� Latimer . Page Two Your prompt attention to this matter would be appreciated since ' the issue is scheduled for the agenda of the January 26th City Development Coaunittee meeting. ' Sincerely, . KIKI SONNEN ' � Councilmember - KS/mb , cc: Bill Wilson, City Development Chair Midway District 11 Coalition Steve Zaccard, Fire Marshall Jan Gasterland, Building Division Larry Soderholm, Zoning Section . � �� . � " ' �� 3 . .° . . WHITE �- CITV CLERK PINK - FINAN�E G I TY OF SA I NT PA�U L Council �CANARV - OEPARTMENT File NO. BLUE - MAVOR . Council Resolution r-�� Presented By - " f,6�� Re rred To Committee: Date Out o Committee By Date rivHEREAS, Louise Olson applied for a nonconforming use permit under the provisions of Chapter 62. 102 Subdivision 5 (11) of the St. Pa 1 Legislative Code, for the purpose of allowing a basement ap tment unit to be used at 1418 Thomas, and VaHEREAS, the Z ning Committee of the Planning Commission on Dec. 4, 1986, h d a public hearing in accordance with the requirements of ction 64. 300 of the Legislative Code; and WHEREAS, the St. Pa Planning Commission, based on the evidence presented t its Zoning Committee at the public hearing voted 9 to 7 to appro the application of Louise Olson; and WHEREAS, the St. Paul Le ' slative Code Chapter 62. 102 Subdivision 5 (11) requres that the Pl ning Commission must make all nine findings of fact in order t grant a nonconforming use permit;and WHEREAS, �he Planning Commiss on erred because not all nine finding� of fact were substant ted, as the following review of �chove nine factors show: 1) Tn.e Legislative Code requires hat the nonconforming use occur entirely within an existing s ructure. THE PLANNING COT�lMI�SION ERRED IN THEIR FINDING ON THIS ISSUE. This residential 40 'Y124 ' lot has two structures on it ( a 1 �R ouse and a 3 BR house) . The basement unit in question is in th larger house. The applica�tion is for the purpose to allow a triplex t exist. A triplex is commonly understood to mean three units i one building. The O�fard American Dictionary defines triple to be an apartment building with rooms on three floors. Three units in two buildings on a small residential lot does not meet the intent of this provision that the nonconforming use exist entirely wit in one �tructure. COUNCILMEN Requested by Depart nt of: Yeas p�eW Nays Nicosia [n Favor Rettman Scheibel Sonnen __ Against BY Tedesw Wilson Adopted by Council: Date Form Approved by City Attorne}� i � Certified Yassed by Council Secretary BY ` '\ By� Approved by ;Vlavor: Date _ Approved by Mayor for Submission to Council Bv - - - BY ��--� . � � ° � �:�7-�� i ; PAGE TWO d 2) The Legislative Code requires that the nonconforming use be similar to other uses within the district. THE PLANNING COMMISSION ERRED IN THEIR FINDING ON THIS ISSUE. The present zoning is RT-1 which allows for single family and duplex land uses. The Legislative Code Chapter 60 . 421 on the Intent of RT-.1 Two Fa ily Residential Districts state, "In no case shall more. than on main building be allowed per platted lot. ° Triplexes or other thre -family dwellings are not alowed unless the zoning is RT-2 or RM- The current uses around 1418 Thomas are primarily � single family a•d duplexes. Three unit dwellings where they exist in the neighborh od are usually illegal' subdivisions. The Planning Commission erred n not taking into account the fact that the density on this lo is more intense than those others in the ' neighborhood, and t at the density issue makes this use dissimilar to other uses permit ed in the district. 3) The Legislative Co e requires that the use is appropriate and consistent with the gen ral welfare of the community and the enjoyment of adjacent pr erty. THE PLANNING COMMISSION ERRED IN THEIR FINDING ON THIS ISS E. Allowing a nonconforming basement in a nonconforming configurat on of two buildings on one small resi- dential lot without adequat side yard and rear yard setbacks and without adequate offstreet pa king is not consistent with the general welfare of the communi 4) The Legislative Code requires at the use be in existence for ' a period of at least ten years prior to the application. THE PLANNING COMMISSION ERRED IN THEIR FI ING ON THIS ISSUE. The Planning Commission found a 1969-70 Cit Directory listing for a basement resident. In addition, the ap icant did provide two notes from two people who worked on the bas ent unit in 1970. A review of building Department files shows t t there is no record of any building, electric, plumbing, or ating permits that have ever been issued for this property in t last eleven years. The Building Department' s review of County ssessor' s records show that the property is recorded as only t units ever since 1959 . The Zoning review shows that the two nits were nonconforming as far back as 1959 so the addition o a thrid unit on the lot in 1969-70, put in without notificat ' on to the City or County, multiplied the nonconformance on the site. Testimony provided by Wendy Lane, Zoning Inspector, at the Jan. 26th City Devolopment Committee was that there is als no certificate of occupancy record on 1418 Thoma�. The Plannin Commission erred by failing to check building department records, certificate of occupancy records, and county assessor records. In addition the Planning Commission also erred by not providing any information on whether or not the basement unit was in continuous use as a separate dwelling unit for the past ten years. Chapter 62. 102 Subdivision 1 states: : . f , . �� . , � � �,��=,i�3 PAGE THREE A use will be presumed to be legally nonconforming if it can be demonstrated by clear and convincing evidence that prior to Dec. 13, 1976 the use was established, converted, or enlarged and occupied pursuant to building permits issued by the city of St. Paul; or if it can be demonstrated by clear and convincing evidence that the particular use had been in existence continuously for 20 years prior to Dec.� 3, 1976. The burden of proof shall be on the applicant for a permit or certificate of occupancy as the ca e may be. The Planning Co ission and the applicant both failed to provide clear and convincing evidence on these issues. 5) The Legislative Code requires that the off-street parking is adequate to serve the use. THE PLANNING COMMISSION ERRED IN THEIR FINDING ON T S ISSUE. There is space at 1418 Thomas for three cars, howeve the Legislative Code, Chapter requires 1 . 5 parking spa es for each dwelling unit. A total of 4 . 5 spaces would be requi d for three units at this site. The Planning Commission' s inter etation that a total of three spaces is sufficient, is in error, p ticularly when the provisions of Chapter 62 . 100 are reviewed. t section states: Whenever the provisions of any other law or ordinance impose more stringent equirements than are imposed or required by t ' s code, then the provisions of such ordinan e or law shall govern. 6) The Legislative Code requires that the n conforming use is in substantial agreement with the comprehensiv plan. The Planning Commission did not err in their findin on this issue. However, the concepts identified in St. Paul Tomo row point to the need for good housing options to stabilize nei borhoods. Nonconforming basement units constructed in a nonco orming structure tend to de-stablize neighborhoods and disco rage community reinvestment. '` 7) The Legislative Code requires that the Planning Comm�ssion must find that hardship would result if the use is discontinued. THE PLANNING COMMISSION ERRED IN THEIR FINDING ON THIS ISSUE. The owners moved out of 1418 Thomas in 1969. For the past 18 years the owners have been absentee landlords collecting rent from the units at 1418 Thomas. They have paid taxes on the property as if it were two units, although the owner states the third basement unit has been in existence since 1970 . Even without rent from the basement unit, the owners would still receive $600 per month from rental income on the other two units. The basement unit currently rents for $135 per month. • _ --- -- _ __ --- _ —_—_—--- — �- -_ WMITE , - GTV CLERK �- � - - � . � PINK - FINANCE COUIICII �CANARV - DEPARTMENT GITY OF SAINT PAUL File NO• �`/� � BLUE - MAVOR Council Resolution Presented By Referred To Committee: Date Out of Committee By Date PAGE FOUR 8 The Legislative Code requires that the Planning Commission find tha the rezoninq the property would result in "spot rezoning. " The ommission did not err in their findinq on this. 9) The Legislative Code requires that a petition of surrounding property owners be obtained. The Commission did not err in this. NOW, THERE RE BE IT RESOLVED: the St. Paul City Council determines the Planning Commission erred in Numbers 1, 2, 3, 4 , 5 and 7 of the aforementione findings of fact; and BE IT FURTHER R OLVED: The City Council determines the Planning Commission erred ecause all nine findings of fact were not substantiated as r quired under the provisions of Chapter 62 . 102 Subdivision 5 (11) o the St. Paul Legislative Code; and BE IT FURTHER RESOLVE the City Council approves the appeal of the Midway District 11 oalition to overturn the Planning Commission' s decision to issue a nonc nforming use nermit at 1418 Thomas; and BE IT FINALLY RESOLVED, th City Council does not allow the continued use of the baseme t apartment unit at 1418 Thomas. COUNC[LMEN Reques by Department of: Yeas Drew Nays Nicosia [n Favor Rettman Scheibel Sonnen _ Agei[lst BY —� - Tedesco Wilson Form Approved by�City Attorney Adopted by Council: Date s: �, Certified Yassed by Council Secretary BY By- Approved by Mavor: Date _ Approved by Mayor for Submission to Council BY - - — By r - _ , ~�` ��i�� . � �,� ��✓� ST. PAUL � ITY COUNCIL �� , �� , , . �-�� -�' �� PUB� IC HEARING NOTICE � �`'��'�-� ZONING To: Property owners within 350' ; Representatives of Planning District 11 FIL E N 0. 10056 PAGE P U R P 0 S E An Appeal of the Planning Commission decision which granted a Nonconforming Use Permit to allow continued use of third dwelling unit; appeal is to deny use of basement apartment. Present Zoning: RT-1 (two-family residential ) L 0 C A T I 0 N 1418 Thomas Avenue (south side between Albert & Pascal ) PETITIONER MIDWAY COALITION HEARING ��r - :�� io:oo A.M. Citv Council Chambers, 3rd Floor City Hall - Court House Q U E S TIO N S Zoning z9s-4154 (Donna Datsko) Contact the Zoning Section of the Planning and Economic Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, MinnesoLa 55102 Legal Description: Lot 5, Block 20, Syndicate No. 5 NOTE: This Appeal will be reviewed by the City's Development and T��n�ortation Committee on January 26, 1987 at 1 :30 P.M. , Room 707 , City�,i��il�.�` _ -�: � , =_: �. _ ;�, - , ;`,i �_ "'; � _ � Notice sen[ 1'9-$� -�� ` ` �� Y3 'r'r' F-;,_,