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87-1499 WHITE - CITV CLERK � PN� - ��,AN�E GITY OF SAINT PAUL Council e7 ��, CANARV - OEPARTMEN7 Flle NO. " �� -. BLUE - MAVOR � Co cil Resolution Presented By Referred ¢ � Committee: Date Out o.f Committee By Date WHEREAS , Cathedral Hill Associates applied to the Board of Zoning Appeals for a variance from the strict application of the provisions of Section 62. 103(3a) of the Saint Paul Legis- lative Code pertaining to off-street parking requirements in the B-2 Zoning District for property located at 375 Selby Avenue and 370 Dayton Avenue and legally described as Lots 3 , 4 and 5, Blo�k 78 , Dayton and Irvine ' s Addition; and W�-IEREAS, following a public hearing with notice to affected property owners and to the appellant, the Board of Zoning Appeals by its Resolution No. 10181 , adopted 5eptember 8 , 1987, denied the request for variance of off-street parking requirements ; and WHEREAS , pursuant to the provisions of Section 64. 205 Cathedral Hill Associates , 375 Selby Avenue, Saint Paul , Minne- sota, duly filed with the City Clerk its appeal from this determi- natiora made by the Board of Zoning Appeals requesting that a hearing be held before the City Council for the purpose of considering the actions taken by this said Board; and WHEREAS , acting pursuant to Sections 64.205 through 64.208 and upon notice to appellant and other affected property owners a public hearing was duly conducted by the City Council on September 17 , 1987 , where all interested parties were given an opportuni�y to be heard; and WHERERS , the City Council , having heard the statements made and having considered the variance application, the report of staff, the minutes and findings of the Board of Zoning Appeals does hereby COUNCILMEIV Requested by Department of: YeasD�W Nays Nicosia ln Favor Rettrnan Scheibel Against BY Sonnen Weida W'lson Form Approv y City Attor y ! Adopte� by Couk�cil: Date Certified Passed by Council Secretary BY By Approved by lVlaWOr: Date Approv by ayor for mission to Council By BY . . , ��"�' �� RESOLVE, that the Council of the City of Saint Paul does hereby reverse the decision of the Board of Zoning Appeals in this matter and does hereby grant a variance of 87 parking spaces for Cathedral Hill Associates for its property described above subject to the following terms and conditions : ( 1 ) The Zoning Administrator should use the map prepared by Wendy Lane , dated June 18 , 1987 , contained in the Zoning Staff report of September 10, 1987 as a base line for proposed uses in the Cathedral Hill Arcade , Blair House and Hill Plaza and allocation of available parking to each development. (2) The combined parking requirement of the businesses in the Cathedral Hill Arcade cannot exceed 87 spaces , based on the actual total parking demand minus the number of spaces grandfathered in as legal nonconforming. If uses proposed in the future would require more than 87 spaces , they will have to seek variances on their own merits . ( 3) The developers and the HRA shall continue to make best efforts to develop additional parking to reach the 270 off-street parking spaces required for the Selby-Western businesses covered by the agreement of February 13 , 1987. (4) Except for 28 new spaces for the Hyde Park Restaurant, new spaces added by these efforts shall be counted against the Cathedral Hill Arcade parking variance until all 270 spaces called for in the HRA agreement are developed. In the case of street closings , the net additional parking spaces shall be counted against the variance. ( 5) When all 270 spaces called for in the HRA agreement have been provided, the parking variance will disappear and the Cathedral Hill Arcade shall thereafter conform to zoning code parking requirements . (6) Under current parking development plans , any of the following options would be counted against the variance : a) Virginia Street vacation between Dayton and Selby. (49 spaces. Completion deadline of 5-15-88) . 2. WHITE - CITV CLERK PINIf� �� - FINANCE G I TY OF SA I NT PAU L Council ' /' CANARV - OEPARTMENT ' . Flle NO• �� /( �� - BLUE - MAVOR � � . � Co cil Resolution Presented By Referred Committee: Date Out of Committee By Date b) McQuillan Lot behind Tulip ' s Restaurant (24 spaces. Completion deadline of 11-5-87) . c) Arundel Street vacation between Selby and alley north of Laurel . (30-35 spaces. Completion deadline of 8-1-88) . d) Farrington Street vacation between Dayton and Selby and the possible shift eastward of Boyd Park. (40-45 spaces. Completion deadline of 8-1-88) . e) Southwest corner Dayton and Western. (30 spaces.. Completion deadline of 8-1-88) . and, be it FURTHER RESOLVED, that the appeal of Cathedral Hill Associ- ates be and is hereby granted; and, be it �'URTHER RESOLVED, that the City Clerk shall mail a copy of this resolution to Cathedral Hill Associates , the Zoning Administrator, the Planning Commission and the Board of Zoning Appeals. 3. COUNCII;,ME[V Requested by Department of: Yeas I Nays Drew r� Nicosia � [n Favor Rettman /, • Scheibe� -lL-- Against BY �� Weida Adopt��p�uncil: Date QCrT I i �87 Form Appro ed y City Att ey , Certified � sed by Council , cretary BY By �'v � A►pprov y 1+lavor: e � VCiT I �9a7 Approved y �Vlayor for bmi sion to Council By BY Pl�ISl�FD 0 C T 2 � 1987 � , • ' �-�7_ �� ••``** °';, . � � * CITY Of SAINT PAUL ; ,;��,�� ; DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT `v� _� �� o DIVISION OF PLANNING ,.•• 25 Wesl Fourth Streef,Saint Paul,Minnesota 55102 612-22&3270 GEORGE UTIMER MAYOR DATE : Se tembe evised September 15 , T0 : City Council FROM: Larry Soderholm� RE : Update of BZA staff report for Cathedral Hill Arcade parking variance - Planning staff now supports a variance of parking requirements for the Cathedral Hill Arcade if conditions are attached so that as the HRA or the developers are able to create new parking in the' future , the size of the variance is reduced by one space for every new space added. Whv staff op�osed the original parkin�; variance . The Board of Zoning Appeals and planning staff opposed the variance of 87 parking spaces for Cathedral Hill as originally proposed. The variance raised two major concerns . First , al- though the variance was supposed to be a temporary solution to solve a short term problem until enough parking was developed to meet zoning requirements , it was not clear from the information presented when or if all of the required parking could be provided . Second, a variance would have permanently released the Cathedral Hill Arcade from obligations under the Zoning Code to find any parking in the future . With this variance in place , if more parking was created the spaces could be used to add more new businesses rather than meeting the need of Cathedral Hill as was intended . What has happened since the BZA met? First , HRA staff has supplied more detailed information on where and when more parking is to be created. The current plan calls for 28 spaces to be added behind Tulips Restaurant by November 1987 and 49 more spaces to be added in vacated Virginia Street by May 1988 . HRA staff has set a target date of August 1988 for finding the last 45 spaces needed to meet the goal of providing 270 spaces for the Selby-Western businesses , (See the attached memo from Jim Zdon. ) Second , Planning staff now believes that the variance can be written so that the Cathedral Hill Arcade can open without creat- ing a permanent parking problem . Conditions can be added which say that as new spaces are brought on line , the variance is _ ` , ' • L�h' � ��- /�� reduced by the same number of spaces . That means that when enough parking spaces are developed to meet the zoning require- ments , the variance would drop to 0 and "disappear" . Finally , the neighborhood has come out in favor of the variance . The District 8 Planning Council voted on August 25 to support a parking variance for Cathedral Hill . Planning staff supports a variance with conditions . Staff supports a variance that would initially grant a variance of 87 spaces so that the Cathedral Hill Arcade can be completed , before all of the required parking has been created. However the variance should be set up so that as new parking is developed by HRA or the developers , the variance would be reduced by the num- ber of new spaces added. Eventually , if sufficient parking for all the uses now proposed for Cathedral Hill is created the variance would drop to 0 and in effect disappear . The terms of the variance should say that the next 28 spaces developed will go to meet the anticipated shortage for Hyde Park Restaurant in Blair Arcade but after that any new parking added by the HRA or the developers must go toward reducing Cathedral Hill ' s variance until the 270 spaces needed by the Selby-Western businesses are found. (Hyde Park is operating with a temporary license based on 28 of its parking spaces being provided by the lot on the north side of Selby where the Urban League proposes to develop housing . ) Until those 270 space are developed no new uses or changes in use in the Ca.thedral Hill Arcade that would in- crease parking demand beyond its initial level will be permitted without a separate variance . Once 270 spaces have been created, new uses or changes in use that increase parking demand will be subject to the standard Zoning Code requirements : they will have to provide additional parking to meet the added demand or seek a new variance . If the City Council approves this concept for a parking variance that is phased out over time , the Council Resolution could in- clt�de the following conditions : 1 . The Zoning Administrator should use Wendy Lane ' s map of June 18 , 1987 contained in this zoning staff report as a baseline for proposed uses in the Cathedral Hill Arcade , Blsit House and Hill Plaza and allocation of available parking to each development . 2 . The combined parking requirement of the businesses in the Cathedral Hill Arcade cannot exceed 87 spaces (based on the actual total parking demand minus the number of spaces " grandfathered" in as legal nonconforming) . If uses proposed in the future would require more than 87 spaces , they will have to seek variances on their won merits . ' . � ' �-�� i��5 3 . The developers and the HRA shall continue to make best ef- forts to develop additional parking to reach the 270 off- street parking spaces required for the Selby-Western businesses covered by the agreement of February 13 , 1987 . 4 . Except for 28 new spaces for Hyde Park Restaurant , new , spaces added by these efforts shall be counted against the Cathedral Hill Arcade parking variance until all 270 spaces called for in the HRA agreement are developed. In the case of street closings , the net additional parking spaces shall be counted against the variance . S . When all 270 spaces called for in the HRA agreemnent have been provided, the parking variance will "disappear" and the Cathedral Hill Arcade shall thereafter conform to Zoning Code parking requirements . 6 . Under current parking development plans , any of the follow- ing options would be counted against the variance : a. Virginia St . vacation between Dayton and Selby . (49 spaces . Completion deadline of 5/15/88 . ) b . McQuillan lot behind Tulip ' s Restaurant . (24 spaces . Completion deadline of 11/5/87 . ) c . Arundel St . vacation between Selby and alley north of Laurel . (30- 35 spaces . Completion deadline of 8/1/88 . ) d. Farrington St . vacation between Dayton and Selby and the possible shift eastward of Boyd Park . (40-45 spaces . Completion deadline of 8/1/88 . ) e . Southwest corner Dayton and Western . ( 30 spaces . Completion deadline of 8/1/88 . ) Other options may also be considered, and this memo does not commit the Planning Division or PED to support any particular options . Each one needs to be evaluated according to its own costs and benefits . cc ; Mayor Latimer Al len Love j oy Ken Johnson Jim Zdon Allan Torstenson Cathedral Hill Associates District 8 Jan Gasterland Wendy Lane Chuck Towle � " ' ��j--l��jr :�U.��'. � sw�.rc17-w�r1v�1Ty r�rrr�� cou,NCw .� � Sept�mber 16 , 1987 St . PauZ City Council , St , PauZ City Ha11 St , Paul , MN. SSZ02 � � Dear Councilmember� : . • •' As you ar.e aware , the Summit�-University P1ann.inq �'ouncil reviewed the � � � request for off-street parki.nq variances for the Cathedral Hi1.1 . Developmen.t at its August 25 , 1987 meetinq. ' A presentation was mad� by Peter McGough , developer of Cathedral HiZ1 . He stated that although he had signed a parking aqreerrient with PED, the �ity has yet to produce the needed off-street park2nq required for the development . He said they wouZd currently need 87 off-street park- ing spaces to meet the requirement of the �iroposed Yacht CZub Restaurant , hiealth C1ub and the new buildinq to be Iocated at the r.orner. The current park.i.ng has been desiqnated to the other deveZopmerrts and in order for Cathedral Hi11 to obtain the necessary building permits , they must show proof of off-street parking or request a varizince. He said they were request,ing the variance because they would Zose the current tenants if , they waited for additionaZ parkinq to com,e on Zir.e. The Foard discussion included questions about- PED st��s role in this matter and how did the City a11ow tliis pz�oblem to develop? Other Board "' members said we should simply� we-rt and see if we really need more off- . street parking. They said we should grant the variance , but continue *o work towards a long-term parkinq soluticn . After much debate, the following motion� was made, seconded and passed "M.ove torsuE�ort`the�87 off-street arkinq variance for CathedraZ FIi11 develo�ment at SeZb and ' -----------P---------------------------��__�__�_��.__��___��__—____Y__-- Western . " (14 yes , 7 no, 2 abstentionsJ . The Board also passed a resolution directing the Se1by A�venue Task Force tc sponsor a series of ineetinqs o�er the next ninety (90) days to try aad prod'uce a via.ble workinq plan for parking at the Selby and Westerr� corner, both Zonq and short range. The committee 's fist meeting wi11 be Sept- ember Z7th . Should yoii have any questions , please feel free to cor.tact me at 228-1855. Thank ycu. + . . 627 �elby Avenue St. Paul�Minnesota 55104 Telephone (61�2)228-1855 `C`=T °• . - ,�—�_.�C/' / •' h � �. ' CiTY OF AINT PAUL ° � � DEPARTMENT �F PLANNING AND ECONOMIC DEVELOPMENT ,:� ��n� „Q DIVISION OF PLANNING .... 2s wed fourth saeet,saiM�aut,Minnesofa ssto2 � su•ue-sz�o GEORGE UITIMER I MAYOR September 1l, 1987 Albert Olson, City Clerk Room 386, City Hall Saint Paul, MN 55102 RE: Zoning File #I0207 - Cathcdral Hill Associates City Council Hearing: September 1'I, 1987 PURPOSE: Appcal of a decision by Board of Zoning Appeals to deny a variance of requirements to provide 87 off-street parking spaces for the Cathedral Hill Arcade commercial development at Selby and Western. . BOARD OF ZONING APPEALS DECISION: Deny (4-1) STAFF RECOMMENDATION: Staff recommended denial of the original variance but rccommends approval of a variance with conditions that would reduce the size of the variance as more parking is developed. SUPPORT: None QPPOSITTON: Two letters received in opposiiion. Dear Sir: On August 25, 1987, the Board of Zoning Appeals held a public hearing on the variance requested for this project. The applicant testified. At the close of the meeting the BZA voted'4 to 1 to deny the variance. On Septembcr 9, 1987, the applicant filed an appeal of the BZA's decision. In the appeal the applicants refer to the parking agreement of February 1987 between the HRA and the developers of Cathedral Hill, Blair Arcade and Hill Plaza. The applicants argue that this agreement gave the HRA sole power to develop parking for the area and that °'representations were made to the developers that by entering into the agreement, no impediments would be raised by the City regarding parking requirements to the extent of the individual developer's share of the 270 spaces in the agreement" They state that they woul� "suffer tremendous economic loss" if a variance is not granted and that it is "extremely unfair for the City to be withholding building and occupancy permits when the developer has complied with all the terms of the parking agreement." � �� . Albert Olson • September 11, 1987 • � ' • • J L.. ��... (��/ � Page Two ' The appeal is schedulcd to be heard by the City Council on Scptcmber l7, 1987. Please notify 'me if any member of the City Council.wishes to have slides of the site presented at thc public hcaring. Siacercly, - Tom Beacfi � Zoning Section TB:ss ATTACHMENTS 1 � h4emo from Planning Division updating BZA staff report 4 A►ppeal to City Council by Cathedral Hill Assoctiates 8 : BZA resolution, minutes and original staff report � l4a Application to BZA by Cathedral Hill Associates �. 15 I',im Zdon's Memo on Sclby-Western Parking 2? Map showing current parking allocation 28 Letters to BZA from neighbors 30 Area Map . t. o, . � � \ ��—��'9 4� '•. � CITY OF SAINT PAUL ° ' DEPARTMENT OF PUNNING AND ECONOMIC DEVELOPMENT *� �o DIVISION OF pLANNING ,..• �s Wea r�oueN�Saee�,s�ine�a�i.A�Y�a�o�a sstes 612-2?Q-3270 GEORGE LATIME AMYOR DATE: September 10 , 1987 TO• City Council FR M: Larry Soderholm� RE: Update of BZA staff report for Cathedral Hill Arca.de parking variance P1 nning staff now supports a variance of parking requirements fo the Cathedral Hi11 Arcade if conditions are attached so that as the HRA or the developers are able to create new parking in th future , the size of the variance is reduced by one space for ev ey new space added. t e a a k' v Th Board of Zoning Appeals and planning staff opposed the va iance of 87 parking spaces for Cathedral Hill as originally pr posed. The variance raised two maJor concerns . First, al- th ugh the variance was supposed to be a temporary solution to so ve a short term problem until enough parking was developed to me t zoning requirements , it was not clear from the information pr sented when or if all of the required parking could be pr vided. Se ond, a variance would have permanently released the Cathedral Hi 1 Arcade from all obligations to find eny parking in the fu- tu e . With this variance in place if more parking was created th spaces could be used to add more new businesses rather than me ting the need of Cathedral Hill as was intended. � d t e Fi st, HRA sta€f has supplied more detailed information on whcre an when more parking is to be created. The current plan calls fo 28 spaces to be added behind Tulips Restaurant by November 19 7 and 49 more spaces to be added in vacated Virginia Street by Ma 1988 . HRA staff has set a target date of August 1988 for fi ding the 1ast . 45 spaces needed to meet the goal of providing 27 spaces for the Selby-Western businesses . (See the attached me o from Jim Zdon. ) Second , Planning staff now believes that the variance can be written so that the Cathedral Hill Arcade can open without creat- in a permanent parking problem. Conditions can be added which say that as new spaces are brought on line , the variance is reduced by the same number of spaces . That means that when en ugh parking spaces are developed to meet the zoning require- , ` � � : � men s , the variance would drop to 0 and "disappear" . Fin lly, the neighborhood has come out in favor of the variance. The District 8 Planning Council voted on August 25 to support a par ing variance for Cathedral Hill . v Sta f supports a variance that would initially grant a variance of 7 spaces so that the Cathedral Hill Arcade can be completed bef re all of the required parking has been created. However the var ance should be set up so that as new parking is developed by HRA or the developers � the variance would be reduced by the num- ber of new spaces added. Eventually, if sufficient parking for all the uses now proposed for Cathedral Hill is created the var ance would drop to 0 and in effect disappear. The terms of the variance should say that any new parking added by he HRA or the developers must go toward reducing the variance unt 1 the 270 spaces needed by the Selby-Western businesses are fou d. Until then no new uses or changes in use in the Cathedral Hil Arcade that would increase parking demand beyond its initial lev 1 will be permitted. Once 270 spaces have been created, new use or changes in use that increase parking demand will be per- mi ted only if additional parking is found to meet the added dets nd. If the City Council approves this concept for a parking variance that is phased out over time , the Council Resolution could in- cl de the following condltions : ' 1 . The Zoning Administrator should establish a baseline of proposed uses in the Cathedral Hill Arcade and allocation of available parking to each use. 2 . The combined parking requirement of the businesses in the Cathedral Hi11 A'rcade cannot exceed =7 spaces (based on the actual total parking demand minus the numbe o_f �s ces / v � "gr ndi there " in as legal nonco ormin ) . —�., �'� �� 7 .a�v�.e-�— �s�(�� . ti 3 . The devel pers and the HRA shall continue to make best ef- forts to develop additional parking to reach the 270 �aff- � street parking spaces required for the Selby-Western businesses covered by the agreement of February 13 , 1987 . � 4. New spaces added through these efforts shall be counted � against the Cathedral Hill Arcade parking variance . . In the case of street closings, the net additional parking spaces shall be counted against the variance . 5 . When 87 additional parking spaces have been provided�� the parking variance will "disappear" ar�d the development shall thereafter conform to Zoning Code parking re uirements . � � �Q.v� l�r�/ •+'-�� . m� �"'_" � � ��'�� '��.C� �1?...-�.�2..� `�✓ � �,.,,�`� _-�� J�./�Q..c-� c2'.�i--��,� • � � � �� . � . ' • � �`�� . . Under current parking devel�opment plans � any of the follow- ing options would be counted against the variance: a. Virginia St . vacation between Dayton and Selby . (49 spaces . Completion deadline of 5/15/88 . ) b . McQuillan lot behind Tulip' s Restaurant. (24 spaces . Completion deadline of ll/5/87 . ) c . Arundel St. vacation between Selby and alley north of Laurel . (30-35 spaces . Completion deadline of 8/1/88 . ) d. Farrington St. vacation between Dayton and Selby and the possible shift eastward of Boyd Park. (40-45 space� . Completion deadline of 8/1/88 . ) e . Southwest corner Dayton and Western . ( 30 spaces . Completion deadline of 6/1/88 . ) ther options may also be considered� and this memo does not ommit the Planning Division or PED to support any particular ptions . Each one needs to be evaluated on its own costs and enefits . cc • Mayor Latimer Allen Love3oy Ken Johnson Jim Zdon Allan Torstenson Cathedral. Hill Associates District 8 Jan Gasterland Wendy Lane 3 �u�` 4 ��,i�" « �� $ c'n� ^rs'� F t� � `} r °�: ,!y �� s F�� °�. a k c � .f �K + � �� \ '� t �# r a r �S 7 r� , t l y ; � , >: ,, 4 y ,;..�' 1ti } j � ,2 ; - 'p .i ', � p� ,c � � �, .d j � e'v +. � � _ r Y��'�'� �� ? $a.»: �\i'�' z � y� +,{ �� y ��,; - ��t.. � � f j '..� , t. i"� 4� 4 ~f 7 }"i { S ' t � � J � d- . . . .. , _ � - "f" ��' t y l - a ,�� f �' �;� 1 �� t � x � � � � ��T� � �h' /�., F '\:. .\F '.sl�'4r7 jl"'� � r' s r �� !� -��l a � �"� ��E � t �t4 +� . ' ., . ... .� # . . . , . . � : :,� .:. � .. , " / n{ , * �H .. 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' �� 7�' A � � � r F ��' �� ,_ �:e n > ;� �{ �.,� � ` � � i Y th;V' '�K f F ;3 �... .p . _ . �.Z Z�� "1 ��;.,. �e� - � ./ " 1 �� - � 1'. �� j / r ... � t.� r , k J 9 � +1 �j t+` � �Iy \ _ f ..�{ .. � � \ � + Y �` � �: � � � Y � �+ _ - � .,r, / 4 y r �� _ �fi ' 4- ,- 'r j� f� , lt . . .> � � N 1 s ` �� , �� z ,, . � , f �. ,� , � � ' � S� ^ ' ,Y � - ' + �, i '�� ` � „ . , , .. , r . ,.. . , : . . ti,., , a , , � . , � � �.�=-7_i�i� A�PLICATI4N FOR APPEAL ZONING OFFICE USE ONL1f CITY OF SAINT PAUL Fi le � (�Z�� _ t an Application Fee S i� . Tentative Hearing Date I � Application is hereby �made for an Appeal to the C i G� un�er the �r�visi�ns •f Cha'ter 64, Section , P ragra'h of the onin� Code to appeal a decision made by the � Board of oning Appeals Planning Comnission on 8 5 , 19�. Zoning Administrator (date of decision) � Planning Administrator Other A. APPELIANT Name �A�Th`F��4'��- l�/« �jsdC��4TEs Daytime phone �7 ~ '��3E � Acdress 3 75 1J9�; /�EL�vG.G ,Qi�� Zip Code SSi� i 6. DEC I S:ON BE I N6 APPEALED �� 8 � Zoning fi le name � C'��E�P''�`L /7�i�L /'rsS� � ��?%E-� Zoning Fi le �i "—"'��- , �--_-___...:, Property Address/Location 3 7S SE� Qr� Legal description C. GROUN�S FOR APPEAL (Use additional sheets if necessary. ) (cxplain why you feel there has been an error in any requirement, permit, decis�on 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. ) � �� f��'�c11"�4 ��Tlf2 If you have any questions, please contact: �`�'�( � Applicant's signature _ St. Paul toning Office , 1100 City Hall Annex � � � �. �25 West Fourth Street � � " � Saint Paul , Minnesota 55102 Date City agent , (298-4154) g/82 �t ._r �'`� --- � � � . + ` , ' lJ�-- �'l /�/?, c� � ' .. S?ptemb?r 11 , 1987 City C�uncil !'�+t� of St. . Pa��.l �^�tt• Hall . -.* . P3t.�1 , MN Re : Cathedral �:ill Ep�°al fr�m Roard of Z�::�ir._ ��-��ai=• , Ii�mberc �f the CounCil : . C•xthedral Hill A��ciates is a `Ter.ert.? �art::F:ci�i� c.ompriC�h of tF*�ntzr-fi�se genPral and two ^=.n�=�i:;� �Ten�:.�i ��=.�':.ne�e . Tt�:° �artnerr_hip ��I1C1Pi took t•he �°�ei�'�� ::t�l.t �� -•N-_.+ i�° 1^�at.ed a� th? c�rners c�f SelU�: �}.r.� ��=;.;.��n =_r.�� .-,� ��-�ii;�r;F� �'�N!1 r G 1^;'y 1 �O� 1 'Y C:i)�.l!l a:� ^ Y` C.� . �� ,r._� ,. rr_ runn�r,� alon� L. ,� :��- - -.,•_ _ �.. .- - • - _ - ,, . . ��_nne:�?ta �n 1°�4 . e ..i ,;�c r ,, + ' r,1•, _ .,h , ,- I,-i 1`��:� the projeC� h�d financ::� _ ��ic.:..l ._��= _ _ _... �.r�e 1.'..�.ti111�:if.P_.lV iPi:�JiVPC�. Zrl i�Q�.7FfCj�tP_.i :_^.i iGGC� wYlF'.' _._ L';_�j;'± f�,��t,7-�c�rit�• ^f thY Cit,v c�� St . P.=:.� _.� �.=F11 �� --:.r ,:.,,a� ; I,,_ _,-;.: � i�(iP.T.7P_.ln' uir:1�: �a� iQVi�f"'.a y,.)pi•m�i7?i�l+� �i:i•_-.ii'_-' - .=i�.("'?';� � �t,horitv p W 1�.•il � .�.>uiJ�t.G�'nt�1Cl1 �C��i±lnrl�.i F�l.'�i`��.r �:Qil�-�i 1��:�•i:%ii 1T�nJ�j t.�")t_ La `rtnersr ip . In 1986 it becar,e ap�arent that ��irEe o� tr,e ��,_aildin� wPre in such a dil�picated conditic�n `ii�t eii�ir.e�:� r�c�r�men�ed that the struc±ureL c�e ra.,ed �.r.:: t�:e ��.ti toric Pre�ervati�n CommittPe concurr�a . I%?r;oliticr. of tr;,� ?-�::ildin�s raere comp��t.ed �nd t^e ��:r�er�l part•n�rc;�ip ��termined to bu�ld a nFw b�.�il:::ir�� cr. th�t si*,� , Con,t,ruction went f�rwarcl. all -•h�c.��h 1986 . Tti? w._.rtn�rsr,�p i� curr?ntly prepar�d to move �c?:c;�.rd wit.� t..e buil�':-out. c�� - ±y►e new �uildin� and Fuk�stantir.l tenar:t impr��vamel�t. at. t.hi�: time . A rPOUirement is that t:;� ir.c�,ividixal p�..rtner�. akr�� to pPr�,onally guarantee substanti�l additional riebt Rnd mar:e e��ity ccnt�ribut,ions . All of �hi� i� ar•� hol:� p�r�d.ir.� a p:�rl�ing �olution . 5 ' � ' �� /�/<�. . �,� � I � , .. September 11 , 198? � Page Two , In thP fall of 1986 , PED and HRA pu�hed f�r a pari?ing _.�rPFment �nd dev�lopers co4peratPd ir. rF.s�:�inE an �.grFrr,ent. ur:ieh Qive� the HRA the sole c�ntrol �vFr t:-:e �^c.ation and �onstruction c�f the commerci�l parkir.� ir. t„P ::ei�Tri�orhood . �'epreCer.tat.ion" s were r�ade to the �3evel�pers trat by enterir.g into the agrzement, no iM�edim?r.ts wot:.i�y be raicer. r�,v th� city reg�rding parking requir�:m�r.t.� *�, `,i:r rl.tent of t:-�� indi�id��al developer' s �h�re �i �he �7C� Y.�r::i::•� �pc-�c��. in the a�reement . (Cathedral Hill �::are ic g: ��ace�� . � TiiP partner�hip finds that thP Citp Z�nin� C:rc��n.=.r�es re�urding parking arP prohibit;n� t�:F bui�c-o��z�. --� thF pr�ject . It i� necessary for t,he de��el�per t.:� d-n;,_nst.ra±.F 87 parl��ing space� in order t� build oi�t t:�e ��=;cF and oc��u;y �� the spa�:? . Fift.y-three of these �p�^�s .�r? ree�{:�a•��? rec.au�� the new building . T:�F. pt-,rtner�hip w�uld saffPr trem?:d.��.,,_ r��nc,,,� _ �c ._a if a. t:r_i:1'�.��n�•C f��r t�ZF' C�7 P?_�i�iln�, �prt�f.° �.iF• j"iQ+ _:it=�':i•_ =.:i. . Irl �C�ltlOrl = t�'1? �^.aT'�'1P�..cb ; r� r�plc j-,1- -�+ ; t, � - -.•,�...:;_.' q , „r= ' : ��•.. . 1 U lI 1 � _ � �.t. ,. � �:_ �t :._ _,.. . _ a.�1._.� for the City t� UP withholdin8 ?�uil�i.� �::^ f�c��:_ _ -.:cy permit.� wr.en the developer ha� cnmpliFd wwt: :�_� *�-�P term� �r�d �ont�iticns of a parking agr�eiiPIZt• t.:at. r.lze r;:��.;�in�T an�'. E�dev�lcpmPnt Authority request.?d t17e o�:.er to -i�.i . � 1 ��,� a.ttach�d parl:ing agree�rent) . C�athedral :i��l r.:=.C:_-c_3te�. r:�g��iat.ed. the agreemPr.t with t.�ze HRf=� in =�,o,a. _ _._ -?. ar.cl :,-.� r�onored all of it� obligation� «nd?r t:1� *erm� �:� the a�reement . The agreement wo�xld , in fact, provic�e the 87 parking �paces which the Zoning Adr�inistrator is now requiring that the �artnership demonstratP . ^'::e �artnPrship �)F11PVP$ that the HFtA should pr�vidF th� p:.rl.i.i� =,_ req��.� r�d ��nder the tPrmv of the agree�ent , b�.�t there i� ;it-�t.hing further the develaper can do short o� l�t.i�atir,a . At t.hP present time the d�bt is non recourse . Ir: t.:�� ?•�ent t,hiC ti�ariance is not granted, the dPVelopFr will na`. cioC? �n thF $v�ilablP financing and and the prc�?Pct, will 1�r �bandor� back to city . (� -c- . � , . , � � �.r`-�= -� ��f� . � �eptember 11 , 1987 - P�ge Three ' , i'..=_th�d�al Hill ti��ciatPs reque�ts r'GUnCil =r�:'ovr� a parkinz .. variance for 87 places for C�tr�dr;;l Hill �:, �.h�.t. thP drvelop�r mav complcte the projF�t. . Very truly youry , /. , PFter T . McG�u�h � F''iM : tlb En��^��z:�� , �'�� 7�� i�� • CITN OF SAINT PAUL BO/�RD OF ZONING APPEALS RESOLUTION ZOt�iNG FILE NUM6ER: ioisi DATE: September 8, 1987 � .. • WHEREAS, Cathedral Hi11 Associates has applied for a variance from the strict application • of the provisions of Section 62.103 (3a) of the Saint Paul Lcgislative Code pertaining to off-street parking requirements in the B-2 zoning district; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on Aug�ist 25, 1987, pursuant to said appeal in accordance with the requirements of Section 62.204 of:the Legislative Code; and W'HEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflocted in thc minutes, made the following findings of fact: �1. The Zoning Administrator estimates that the entire Cathedral Hill project requires 87 off-street parking spaces. The north half of the project will reuse an existing structure which was formerly used as retail. (It could be used now as retail without requiring any off-street parking under �� the provisions of the Zoning Code.) However, since the proposed use for the north half is a bar and a health club, which require more parking than retail space, the Zoning Administrator has said that parking must be provided for it equal to the difference bctween the'requirements for the new use and those of the old use, per Section 62.103.3a of the Zoning Code. This comes to 34 spaces (18 for the health club and 16 for the bar) based on the information supplied thus far by the developer. The south half of the projeet is new construction. (It replaces a building demolished in 1986.) The proposed use hcre is retail. Thc Zoning Administrator has determined that since it is new construction it must meet the full Zoning Code requirement for parking for a retail space. This comes to 53 spaces based on the information supplied by the developer. 2. On February 19,1987 the City Council, acting as the Housing and Redevelopment Authority (HRA), entered into an agreement with certain developers involved in the Selby Western commercial area, including the Cathedral Hill Associates. The agreement eommits the HRA to "design and construct public parking lots...providing for a minimum of 223 parking spaces" in the area. According to HRA staff, the HRA has until August 1987 to provide these spaces. In addition, the agreement states that the HRA "will undertake to use reasonable, good faith efforts to acquire title and possession to...[additional landj... for the purpose of providing forty-five (45) additional parking spaces to meet the requirements imposed upon Obligators' development by the zoaing and licensing ordinances of the City of Saint Paul." If the HRA does not find sufficient 1•and for 45 parking spaces, the agreement says it must provide a loan to thc developers for the purpose of acquiring and constructing the parking spaces. . 3. If all 270 parking spaces mentioned in the agreement are provided (225 + 45) the Zoning �. . Administrator estimates that this will be sufficient for all the uses now proposed for the � developments covered by the agreemcnt. • 4. The HRA has so far provided a total of 152 spaces in two parking lots. The (Virginia� Street lot, immcdiately east of the Cathedral Hill project, currently has 101 parking spaces. A smaller lot at Selby and Arundel currently has 51 spaces.) , Space has been designated for an additional 73 spaces. (To provide more parking, 'Virginia Street has been vacated and the Planning Commission has approved a rezoning of the right-of-way so that the Virginia lot can be expanded to provide approximately 49 more spac�s. The HRA is also negotiating to use 24 spaces in a parking lot to be buil.t next to the Arundel lot.) These lots would provide the 225 spaees which the HRA is committed to provide. (continued) � . � � �-i,�%1� Resol�tion #10181 • Page Two S. Ad'ditional land must b� acquired to provide the additional 45 parking spaces needed to rcach the target figure of 270. There are no vacant lots in the area available for parking. (The Urban'Lcague plans to coastruct a scnior citizcn apartment on the property north of Selby between Western and Arundcl.) Some idcas have lxen offcred for getting more land for parking, such as vacating other strccts in the area. However, there appears to be no consensus at this time about whcre thc lot should be or how the _ land should be acquired. • b. To d�ate the Zoning Administrator has allocated available parking spaces to new � businesses as they opcn in the projects covered by thc HRA agreement. Currently, all the existing spaces 152 are spoken. In addition, 28 of the 73 spaces to come on line when the Virginia and Arundel lots are enlarged have been allocated, leaving 45 spaces still available. (The business which will use these 28 spaces has a temporary arrangement to park on the Urban League's lot.) 'i. Under the current situation, with no parking available for Cathedral Hill, it could . operate the north half retail space since it would not require any new parking. It could not operate in the south half. , - If the HRA meets its commitment to provide 225 parking spaces, Cathedral Hill would have approximately 45 parking spaces. This would be enough parking for both halves of the project if it was operated as a miz of retail and office space. However, there would not be enough parking for the cntire project to operate with the bar and health club as proposed. Cathedral Hill will not have enough parking for the uses proposed by the developers � unless the full 270 spaees can be provided. 8. ?he Building Inspection and Design Division will not issue any new building permits for work on this project until the parking issuc is resolved. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the request for a variance to reducc off-street parking requircmcnts from 87 to 0 be dcnied for property located at 375 Selby Avenue and 370 Dayton Aveaue and legally described as Lots 3,4 and 5, Block 78, Dayton and Izvine's Addition. MOVED BY: SECONDED BY: IN FAVOR: AGAINST: NIAILED: (continued) Resolution #10181 Pagc 1"hree ?T?�1E Li1�iTT: No order of the Board of Zoning Appeals permittin� the erection or , ' - � �� 7_iU �;� MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAMBERS� ST. PAUL� MINNESOTA� AUGUST 25. 1987 PRESENT: Mme. Maddox; Messrs. Kizk, Osborn� Woods, and Horak of the Board of Zoning Appeals; Mr. Segal. Assistant City Attorney; Ms. I.sne and Mr. Gasterland of the Division of Building Inspection and Design; . Mr. Beach� Ms. Synstegaard and Mr. Soderholm of the Planning Division Staff. � ABSENT: Messrs. Grais and Zimniewicz. The meeting was chaired by Jsmes Kirk, Vice-Chairman. CATHEDRAL HILL ASSOCIATES (#10181): Variance for off-street parking � requirements for a commercial development. The Zoning Administrator estimates that 87 parking sgaces are required. The applicant is requesting that this be � waived so that no parking is required. � The applicant was present. There was no opposition present at the hearing. Mr. Beach showed slides of the site snd reviewed the staff report with a recomme�ndation for denial. T�o letters were received in opposition. Pete. McGough, Cathedral Hill Associates� stated that he has spent years trying to get this project off the ground. He stated that they have been dealing in good faith with :al: those involved witli rhe parking discussions. They have completed their financing psckage. He hAS talked with the tenants and told them that he has signed a parking agr��u�.�i�t with HRA. This is a problem that can be worked out. They have applied for their building permits and would like ta proceed as soon as possible. This variance puts them in a difficult position with tenants and financial matters. The tenants may pull out if this project is delayed. This is a timing problem as many groups are involved. It would be very unfortunate if this project folded. Greg Finzell, Comaunity Organizer for Summit-University, stated that the district council is in the process of reviewing this project. In four hours the final board will meet and vote. Mike Pottenger, 610 Marshall Avenue, representing the Health Club trying to get into t�ie building, stated he has waited 3 years for this project to get done. If it is not settled today he will pull out of his lease. Peter St. Peter� 300 Midwest Federal Bldg. � Counsel to Cathedral Hill, stated that the project started in 1984. In 1985 it was firmly funded and at that time they ran into building problems. Scme of the buildings were unsound and had to be demolished. They have continued to work with city staff in working things out. The developers asked him to be their negotiator. The developers agreed to pay a certain amount of what ft would cost the city to provide the parking. They have done everything they can do to comply with the city. They are running out of time and financing is critical. The tenants may be pulling out if the project doesn't go forward. It is not economically feasible for 'o � ' . ' � " �-- �-7- l� �I - File #10181 Page T�o the teaants to wait any longer. Until the city defaults on their agreement to provide parking they can do nothing further. Mr. Osborn asked Mr. St. - Peter if they would carry out the agreement of acquiring and constructing parking spaces if the city pulled out. Mr. St. Peter replied yes. �� Hearing no further testimony, Mr. Kirk closed the public portion of the . meeting. Mr. Horak moved to approve the parking variance. There was no second� motion failed. Mr. Osborn moved to deny the variance based on findings 1 through 9 and the staff analysis. Ms Maddox seconded the motion, which passed on a roll call vote of 4 to 1 (Horak) . Submitted by: App�oved by: '_1 �� L/ � , �� '�GZ'�" ' . Tom Beach ames Kirk � li -� � . ' N`�'�7` /� i'7 . , ' � BOARD OF ZONING APPEALS STAFF REPORT . FII.E #10182 1. APPLICANT: Cathedral Hill Associates DATE OF HEARING: 8/25/87 2. CLASSIFICATION: Ma,jor Variance . 3. LOCATION: 375 Selby Avenue and 370 Dayton Avenue (East side of Western between • Selby and Dayt�n) 4. LEGAL DESCRIPTION: Lots 3�4 and 5� Block 78, Dayton and Irvine's Addition 5. PLANNING DISTRICT: 8 6. PRESEIvT ZONING: B-2 ZONING CODE REFERENCE: Section 62.103 (3a) 7. STAFF IN�'ESTIGATION AND REPORT: DATE: August 17, 1987 BY: Tom Beach A. PURPOSE: To consider a variance for off-street parking requirements for a commercial development. The Zoning Administrator estimates that 87 parking spaces are required. The applicant is requesting that this be waived so that no �� parking is required. B. SITE AND AREA CONDITIONS: The Cathedral Hill development, located on the east side of Western between Selby and Dayton, physically consists of two parts. The north part,which will house the health club and bar, is an existing commercial building which has been restored. The south part, which will be retail spsce, will be a new building: the building that previously occupied this site had deteriorated to such a point that the Heritage Preservation Commission approved its demolition in 1986. The foundation for a new building has been. built here. However, building permits for further work on any of the development have not been issued by the City pending resolution of the parking issue. Cathedral Hill is located in the commercial center for a part of the city which is undergoing revitalization. To the south across Selby is W.A. Frost's restaurant, the Blair House, and Hill Plaza. To the west are existing commercial uses and a proposed senior citizen apartment building. To the north are apartment buildings and condos. To the east is a parking lot and a public park. The surrounding neighborhood is mixed density residential with a number of apartment buildings. With the density of residential and commercial development in this area, parking is a concern. The City is working on this problem as explained below. C. FINDINGS: 1. The Zoning Administrator estimates that the entire Cathedral Hill project : requires 87 off-street parking spaces. However, the developer has not submitted the final floor plans for the pro�ect which are needed to make a precise determination of the amount of parking required. Therefore, the 87 �. , spaces are an estimate based on the best information available and may be . ' subject to some revision. . The north half of the project will reuse an existing structure which was formerly used as retail. (It could be used now as retail without requiring any off-street parking under the provisions of the Zoning Code. ) However, since the proposed use for the north half is a bar and a health club, which �require more parking than retail space, the Zoning Administrator has said �that parking must be provided for it equal' to the difference between the requirements for the new use and those of the old use, per Section 62.103.3a of the Zoning Code. This comes to 34 spaces (18 for the health club and 16 for the bar) based on the information supplied thus far by the developer. The south half of the project is new construction. (It replaces� a building demolished in 1986.) The proposed use here is retail. The Zoning Administrator has determined that since it is new construction it must meet the full Zoning Code requirement for parking for a retail space. This comes to 53 spaces based on the information supplied by the developer. � . . � ��`�'/� File #10181 , • • Page T�o 2. OniFebruary 19,1987 the City Council, acting as the Housing and Redevelopment Authority (HRA) , entered into an agreement with certain developers involved in the Selby Western commercial area, including the � Cathedral Hill Associates. The agreement commits the HRA to "cLesign and construct public parking lots. . .providing for a minimum of 225 parking spaces" in the area. According to HRA staff� the HRA has until August 1987 to provide these spaces. • ` In a�ddition, the agreement states that the HRA "will undertake to use reasonable, good faith efforts to acquire title and possession to. . . �additional land] . . . for the purpose of providing forty-five (45) additional parking spaces to meet the requirements imposed upon Obligators' development by the zoning and licensing ordinances of the City of Saint Paul." If the HRA does not find sufficient land for 45 parking spaces, the agreement. says it must provide a loan to the developers for the purpose of acquiring and constructing the parking spaces. 3: If all 270 parking spaces mentioned in the agreement are provided (225 + 45) the Zoning Administrator estimates that this will be sufficient for all the . uses now proposed for the developments covered by the agreement. , 4. The HRA has so far provided a total of 152 spaces in two parking lots. The (Virginia Street lot, immediately east of the Cathedral Hill project, currently has 101 parking spaces. A smaller lot at Selby and Arundel currently has 51 spaces.) Space has been designated for an additional 73 spaces. (To provide more . parking, Virginia Street has been vacated and the Planning Commission has � approved a rezoning of the right-of-way so that the Virginia lot can be expanded to provide approximately 49 more spaces. The HR.A is also negotiating to use 24 spaces in a parking lot to be built next to the Arundel lot.) These lots would provide the 225 spaces which the HRA is committed to provide. 5. Additional land must be acquired to provide the additional 45 parking spaces � needed to reach the target figure of 270. There are no vacant lots in the area available for parking. (The Urban League plans to construct a senior citizen apartment on the property north of Selby between Western and Arundel.) Some ideas have been offered for getting more land for parking, such as vacating other streets in the area. However, there appears to be no consensus at this time about where the lot should be or how the land should be acquired. � 6. To date the Zoning Administrator has allocated available parking spaces to new businesses as they open in the projects covered by the HRA agreement. Currently, all the existing spaces 152 are spoken. In addition, 28 of the 73 spaces to come on line wYeen the Virginia and � Arundel lots are enlarged have been allocated, leaving 45 spaces still � available. (The business which will use these 28 spaces has a temporary arrangement to park on the Urban League's lot.) . 7. Under the current situation, with no parking available for Cathedral Hill, it could operate the north half retail space since it would not require any new parking. It could not operate in the south half. If the HRA meets its commitment to provide 225 parking spaces, Cathedral Hill would have approximately 45 parking spaces. This would be enough parking for both halves of the project if it was operated as a mix of retail and office space. However, there would not be enough parking for the entire project to operate with the bar and health club as proposed. Cathedral Hill will not have enough parking for the uses .proposed by the ; developers unless the full 270 spaces can be provided. 8. The Building Inspection and Design Division will not issue any new building perrnits. for work on this project until the parking issue is resolved. . � � ,%�r ��i File #10181 . � * Page Three, 9. This project is eli ible for funds from a UDAG rant. Nowever, HUD will 8 g withdraw these funds unless progress is made by October 1987. D. �TAFF ANALYSIS: Staff is aware of the situation the Cathedral Hill developers find themselves in at the present time: they cannot obtain building permits to continue work until the parking shortage for their project is resolved. Staff �. is also aware that the HRA has made commitments to provide parking. However, a closer look at these agreements show that the HRA is committed to developing 225 spaces and that most of .these spaces have already been allocated to other businesses already. Beyond this the HRA is committed to making a good faith effort to find additional parking. While staff has no doubts that such an effort is being made, staff also recognizes the difficulties involved. At this time no consensus has been reached on how� to provide these spaces. It is possible that it may take months or years to reach a solution or even that a solution cannot be reached. Given this situation, granting a parking variance based on a promise that parking will be provided at sometime in the future does not meet the intent of the Zoning Code to ensure that all developments can demonstrate that they can provide adequate parking. Granting this variance would set a dangerous � precedent. E. STAFF RECOMMENDATION: Based on findings 1 through 9 and staff analysis, staff recom�ends deriial of the variance. � ' i � ' � � HALYORSEN b McGOUGH �'`" �r ��y , AITORNE1fS AT LAW 375 East Kellogg Boulevard � St. Paul, Minnesota 55101 (6i2) 228-9367 ROBERT C. HALYORSEN OF COUNSEL: 'Peter T. McGough August 5, 1987 . . , Ms: Wendy Lane Za��ing Fldrnir�ist�ator Ramsey County District Courthouse St. Paul , MN 55102 Re: Parking Ordinance Variance Req�►est � ��ear Ms. Lane: This letter is intended to supplemen� the application for zoninq ordinance Variance #039622 filed Auoust 4 , 2987 . Please correct the specific request for variation of parkinq places from 71 to 87. It is my understandinq that this is the number ofi parking spaces which y�ou believe are required for the over-all project and the number which was therefiore reflected in the pa.r6:inq aqreement amor�q the developers and tf�e Housing and Redevelopment A�thority . � � The project is currently using a single address tor business purposes as 198 North Western Avenue , 5t. Paul , Mirnesota. The addresses for the entire project are as fiollows : 176 - 184 Western Avenue 370 - 37B Dayton Avenue The legal description comprising the project is lots 3, 4 , and 5 ofi Hlock 78 Dayton and Irving Addition . The purpose of the request for variance is to avoid an undue hardship on the developer and to acknowledge that the St. Paul Housing and RedeveloAment Authority will be providing adequate parking fior the project . I have attached to this letter a copy of the parking agreement signed by the . developers in the Cathedral Hill neiqhborhood and by the Housing and Redevelopment Authority. The primary issue invo2ved here is a question of timing . The developer has � I� q _�. . � ' �� / 1 I now done everything that has been requested of it and is ready to move forward with the construction nece�sary to complete the proj'ect. The developer therefore needs to • obtain building permits and ultimately occupancy certificates. If the City �does not immediately provide the necessary permits and certificates, the developer will suffer additional serious economic loss which is beyond its control . The St. Paul Housing and Redevelopment Authority will be providing the parking in question but the developer can not hang on while the HRA takes steps necessary to complete its obligations. ; _ ? am following the HRA' s staff recommendation in applying _ _ for this variance. Simultaneously the developer is applying for an Administrative review of the determination that 87 parking places are required by Cathedral Hill . You will be receiving notice of that action under separate cover . It is my i�tention to bring the complete parking issue before the . zoning board of appeals on the twenty-fifth ef Auqust so � that the entire matter can be resolved in one hearing . If there is any additional information which you feel is necessary . please feel free to contact me. Very truly yours, ��y,�`� �,f;,�..., — Robert C. Halvorsen � )H � -. i . .�,*, •• . � c�nr �s��i�i � ' 4� ` � � � e � . � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � iii�i i�" � DIVISION OF NEIGHBORHOOD DEVELOPMENT .� �e ,••. �Wat Founh Street,S�int Paul,Minnesoca.55102 ' 6t2-2Z8-3200 GEORGE lAT1MER M�YOR .•- � MEMORA �� DUM T0: Councilman William Wilson FROM: James Zdon q� D' SUBJECT: Se1by=�Jestern Parking . DATE: September 9, 1987 Per your request, attached is an outline of the HRA's Selby-'�Jestern Parking Development Program. I can be reached at 228-3324 if you have any questions. JZ:dc Attachment cc: Ken Johnson � Warren Hanson JS i -: • 9/8/87 ' ' ' � � . . /��7-��r� HRA SELBY WESTERN PARKING DEVELOPMENT PR06RAM .. I Background : _ . , . . In February 1987, the HRA executed a parking agreement with the ` developers of Nill P1a2a, Blair Arcade, and Cathedral Hill which stipulated that the developers would reimburse the HRA for the acquisition and development of 270 parking spaces in the Selby :�lestern Area. All acquisition and development costs , up to a total of�1,100,000, would be repaid by the same three developers over a period of approximately 25 years at 8� interest. Although the entire ar�ount �vould be repaid, the parking ►vould be available to the public on a first-come first-serve basis, and the land would remain in public o�vnership. The cost of acquisition and improve- � ment would be repaid at the rate of $0.30 per square foot of net useable rentable space in the three projects in 19a8, �,0.80 in 1989, and �1.25 in 19�0 and ther�after until the debt has been retired completely. The cost of insurance, maintenance, operation, and repair would be a separate respon- sibility for the three developers, and a cash deposit of �3,000.00 or a surety bond for $5,000.00 would be posted. In the event that the property becomes taxable, they would also be liable for the taxes. Failure to pay the taxes, cash deposit, insurance premiums, maintenance, repair operation, or debt service would constitute an event of default. The 4i;A would have promissory notes from the partnerships for the amount due. No distribution could be made to the partners unless obligations under the agreer�ent v�ere current. In addition to providing for the creation, operation, maintenance, insurance, and debt service of the parking, the agreement provides that the �� , , , - 2 _ , � � �� y ��'� ' HRA will use reasinable, good faith efforts to acquire additional parking spaces in the area. Funds used �for that purpose would also be repaid in - full in accordance with t!�e terms mentioned above. In the event that the•� . � HRA is unable to provide the� required spaces, the HRA would be �agreeing to finance the developers' solution, up to an amount which would be the dif.fere ce . . � - bet►veen the $1,100,000 obligation and the total already expended, estimated to be approximately $600,000.00. That loan �vould also be repaid under the per square footage formula over the period required to retire the entire debt (estinated to be 20-25 years at 8%). II� Pror�ram Characteristics . A. Objective - To provide at least 270 parking spaces in the vicinit� of Selby-Western. �� B. Budget - $1,100,000 ($500,000 expended to date) C. Deadline - August 1, 1988 D. Implementation Responsibility - H;?A � III Program Activities A. Completed Parking Lots � � 1. HRA Lot - East half of block bound by 4Jestern, Dayton, � Virginia and Selby. (Map Site 1) a. Parking Spaces: 101 b. Cost; * 2. NRA Lot - t�.W. Corner of Selby and blestern (Map Site 2) a. Parking Spaces: 51 b. Cos*.: '�$500,000 (includes both) ; (7 I . . . ,, � . . . _ 3 _ . . � � � �7_��y ` S. Parking Lots Under Development 1. Virginia St. vacation between Dayton and Selby (Map Site 3) - See Attachment. A Rezoning Resolution . . . ��+fi�'"',�1�� .. a. Parking Spaces. 49 � , . 43� � . b. Cost. $190,000 �(� c. Completion deadline: tlay 15, 1988 2. McQuillan Lot - Property behind Tulip's Restaurant (Map Site 4) ' - See Attachment B Site Plan correspondence a. Parking Spaces: 24 ,,�.�� b. Cost: $40,000 - . c. Completion deadline: P�ovember 15, 1987 C. Parking Lots Under Consideration (At least one and oossibly t�vo of the following options would be developed) 1. Arundel St. vacation between Selby and alley north of � Laurel (Map Site 5) a. Parking Spaces: 30-35 b, cost: 570,000 c. Completion deadline: August 1 , 1988 2. Farrington St, vacation between Dayton and Selby and the possible shift eastward of Boyd Park (�1ap Site 6) a. Parking Spaces: 40-45 b. Cost: 590,000 - �250,000 c. Completion deadline: August 1, 1988 3. SW Corner Dayton and Western (Map Site 7) a. Parking Spaces: 30 b. Cost: $300,000 c. Completion deadline: August 1 , 1988 (� � I _ . . . - 4 - , � � . ��l Yl�� IY Program Surtanary �, Parking Spaces S ,: � . ,, . A. Completed Lots 152 5500,000 B. Lots under devel opment �3 3�- y z $230,000 �• C. Lots under consideration � Minimum $ .90,000 Plinimum ~ 75 Maximum 5370,000 Maximum. TOTAL � 270 Minimum $ 820,000 Minimum 300 Maximum �1,100,000 Maximum . � � , I'f � ' I • II r1�aG�.�fn't' f� ;e • �� ' `) j� , . � , . C��-�- ��r r� c�y of saint paul _ , � plann�ng comm�ssjon resolutron file number. R�_A� � . C�C3te _ Auaust ia , i9s� � . �� ' . \ �.'HEREAS� Housing and Redevelopment Authority (HRA) � file #e10148, has petitioned to rezone Virginia Street (vacated) and parcels west between Selby and Dayton, from B-2 and RM-2 to P-1 for the purpose of creating more parking and avoiding split zoning of the expanded lot; and G':iEREAS, the Zoning Committee of the Planning Comrnission on July 16 and August 6, 1987, held a public hearing at which all persons present were given an opportunity _ to be heatd pursuant to said application in accordance with the tequirements of Section b4.400 of the Saint Paul Legislative Code; and �.'HEREAS� Saint Paul Planning Comtnission, based or► the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. Petitioner (HRA) wishes to expand tt�e existing parking lots into the vacated stzeet to provide additional parking for the area. The two existing lots are turrently zoned B-2, conforai to city requirements, and contain 101 parking spaces. 2. Virginia Street was vacated in 1984 for the purpose of providing parking for future commercial development and for use by visitozs to Boyd Park. One-half of the street is zoned B-2 and the east half is zoned RM-2. The eastern half cannot be used foz parking unless 'it is rezoned to eithez B-2 or P-1�. 3. One provision of the vacation is that the eastern half of the vacated street will be deeded to tbe HRA by the Division of Parks and Recreation upon approval of a maintenance agreement. The design of the eastern portion of the lot has been negotiated between the Parks Division and the petitionez. The existing sidewalk and a 4 foot buffer strip will remain and the boulevard trees will be retained by "bumping out" the cuzb 2ine to go around the .trees. Some additional landscaping will be provided in the park as well. (continued) moved by CHRI STENSON :: �ecor�ded by . Z I EMAN in favor Unanimous , ' against- 20 i ._c ._ ..� .. .. . .___ ..__ . ... . .. . . ._ . _. . . . _ ._ ... . .. - _ . �' � • . ��-i�� 1�/� d � r File �10148 Page T�o 4. The petitioner has signed a reimbursement and maintenance egzeement with commercial developers in the area: Blait Arcade Limited Partnership, Cathedral Hill As.sociates� and Hill Plaza Associates. This agreement covers the parking . lot under consideration for rezoning and another lot west of Hill Plaza. Under t�e. terms of this agreement the lot will be open to public parking, but the developers may use up to 200 parking spaces to meet their license and zoning � requirements. S. The petition must meet eight conditions for a zezoning to P-1. The conditions and the ability to meet them are as follows: a. ?he parking facility sha1l be accessory to and for use in connection with one or more businesses . . . or multi-faz�ily residences . . . Iocated in sdjoining dfstricts. There may be e . . . public streer . . . be:s:een a P-1 disrrict and ehe district to be served. � - The parking facility is accessory to the businesses at the intersection of Selby and Western. i.fiile the parties to the agzeement with the HRA may count some of these spaces to meet their off-street parking requirements , t2�e lot will elso be open to the public, including the residents of the apartment buildings in the area. A fee may be charged to defray operation and maintenance costs. This fee must be the sazne for all users; although . . the subject businesses may subsidize their customers' or employees' parking. b. The parking facility shalI not be used during the hours When the principal use is not in operatton. During such periods the parking faci2ity sha11 be inaccessible for public use. When there is a written agreemenr between ti.�o or more butIdings or uses to shere e parking faciliry in a P•1 district . . . the parking factl�ty may remafn open for ell the hours of operazion of the buildings or uses. - Since the parking lot is fot public use, including apartment d�.ellers, the � lot will be in operation 24 hours a day. (continued) :,� i - • •. . � ' ; �� - /�l�1�� . � . � File �10148 Page Three c. The parking factlfty shaIl be used solely for parking of private passenger vehtcles and shall not be used as an off-street 2oading area. The lot will not be used for loading. Cathedral Hill, the closest development has separate service drives for the use of the businesses. " . d. . No,commercisl repa�r work or servfce of sny kind, or sale or display thereof, sha11 be conducted in such parking faciZfry. No zepair or sales will take place on the lot. e. No signs of ar�y kind, other than signs designating entrances, exits and conditions of use, sha11 be maintained on svch parking facility. Current plans show no signs proposed foz the lot. f. No buildSng orher than that for the shelter of attendants shaI1 be erected upon the premises . . . . . , The plans show no buildings on .this lot. g. .�.pplicetions for P-I Dtstrict rezoning sha11 inclvde a site pIa.n with conforms to elI standards set forth in Sec. 62.104. The planning comvission may grer�t modifications of Sec. 62.I04 based on findings that such modff�cation fs consfstent wjth the lntent of the code and with reasonable en,joyment of sd,facent property. (continued) 2'�— -� . . ' � � � �: � C�� r- �� ' � � � File �10148 � .. Page Four � i Petitioner has not yet submitted a fiaal site plan for review. Preliminary plans show that most of the standards are met� except for the minimum setback along Dayton and Selby. Section 61.105, Schedule of Regulations for P-1 districts, requires that if the districts adjoining the P-1 require a . greater setback, frontage setbacks must meet the minimum standards of those districts and visual screens must be placed along the minimum setback line. � Section 62.104 prohibits parking within a required front or side yard and a minimum side yard setback of 4 feet. The psrking lot adjoins an RM-2 �distzict to the east, and so is required to pravide a 25 foot front yard ' setback along Dayton and Selby. The plans show a continuation of�-the 6 1/2 foot setback from the existing lots. This setback meets the requirements for off•street parking in the B-2 district in which it is now located. The P-1 zoning creates a better buffer between the commercial area to the west end the park to the east, and is thus a better solution than zoning the entire lot B-2. (It is .only the east hslf of vacated Virginia that actually needs to be rezoned.) The park would not be adversely affected by - _ permitting parking in the required yard areas of Selby and Dayton. A modification of this requirement would be consistent with the intent of the code and with reasonable enjoyment of adjacent property. No visual screen is shown slong the eastern side nexC to Boyd Park. This is in the azea that must be designed and maintained to the satisfaction of the �ivision of Parks and Recreaticn. The Pazks �ivision has indicated that they axe not conviced that screening is always needed, but if it is needed, it should not be solid. If necessary, screening should be in the 4 foot buffer strip. Zts exact natuze st�ould be resolved during site plan reviea. Their chief concerns are maintaining the existing sidewalk and the boulevard tzees� and being consistent with the overall park design. The purpose of the visual screen is to protect neighbozing resider►ts from the glare of headlights. Since the park is not a residence� it would not be contrary to the intent of the code to modify the visual screer► requirement. Some screening is being provi�ded� but it would not be solid. (continued) �� l . . , . , . • ��-� /4r�� ,� . , .. File �10148 - Page Five h. P-1 Vehfcular Parkiag Districts shall be developed and maintained in eccordance �+fth the requirements of Sec. 62.I04. Petitioner has agreed to construct tbe parking facility in accordance with these standards as modified by the planning commission. The maintenance agzeement requires the participatin� businesses to maintair► the lot to these "- � same standards. rOW, THEREFORE, BE IT RESOLVED� by the Saint Paul Planning Commission that the petition of Housing and Redevelopment Authority (HRA) to rezone property at Virginia Street (vacated) and parcels west between Selby and Dayton� more particularly described as Lots 1� 2, 7� 8� Block 78, Dayton and Irvine's Addition and vacated Virginia Street, from e B-2 and RM-2 zoning classification to a P-1 zor►ing classification is consistent with the Comprehensive Plan for the City; and EE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to t�e Council of the City of Saint Paul that property located at Virginia Street (vacated) and parcels west bet�.+een Selby and Dayton be rezoned from B•2 and RM-2 to P-1 in accordance with the petition for rezoning but only if the site plan on file with the Saint Paul Planning Division is changed as follows: � 1. The buffer strip between the west edge of the existing sidewalk and the curb line of the parking lot be increased to 10 feet; and 2. The existing boulevard trees be retained, widening the existing ten-foot buffer stzip as necessary to save the trees. . z � � � . � -_ r' "••, , CiTY OF SAINT PAUL � ' ' DEPARTMENT OF PUNNING AND ECONOMIC DEVELOPMEN? ; � j� : . ;, ,� �. , DIVlS10N Of PLANNING ...• . • � ss w..��a.�k str..�.si��.u�►►W�.ss��2 i12•2263270 c,�oac�unM�t . � l�-/l % nu►rae • , �'�- .,,, Jta�e 17, 1987 � .. I�'.+ Jc�tu'► E. MoQu,illaa . 452 Se1by Avernae . Saint Paul, 2�1 55102 � �: site plan Review �ia2i - z�nodel existing builcling ar�d site for puzpoE�e of establ'`�+'� a restaurant and 41 c�s parkim� lvt (Plans dat.ed May 6, 1987j . . Dear I�'. MoQuillan: We hei�eby appzwe the above refere.med plan subj ect to the follc�riryg oo�iitiaa�s: 1. Ztze parkir�g lot shall be paved with a.��31t ar�d the vehicle spaoes delir�eated with pairrted lines a� the paved surfaoe. Zhe parking stalls alo�q the sa�th ar�d west prc�perty lines of the site must be designated with signs, as ca�act spaoes. 2. Ari cbscurir�g fes�oe� a a►ini,mm, height of 4'- 6' � :�311 be i.tLStalled alcmg the saith property line to screen the parkir�g facility frr� the adjaoent - . residential arna. Tt�e fe�oe must be oo�stzvcted of woai or mascnzy material ar�d st�all be at least 80� opaque. 3. �e stor�aater manag�n�sit insta�latic� �st be oo�nstruct.ed in ao�oz�ianoe with the z�equis�aents ar�d specificatiaaLS of the Public Works Sewnr . Divisia�. . 4. A la�dreape plan aoust be su�itted to this offioe for review arr3 apprwal. If yvu have any questioa�s, plea_se call Iarzy Zazx�s at 228-3392. S� Y� • L�.�R.��JC� So�EIC.l�►o�.� Soderho -- . Principa�I Pl Zaiing IS:iajm T� : A�prvval of the site plan beoames void within c�e year of the date of this approval le�tter iail.ess a buildir�g permit has been issued ar�d work is under the ter� of the bu�ildi,r�q permit. An extensi� not � to exaeed aa�e year may be grant.ed by the Plarrnir�g ' tor �an request. 2S .. ��Tw��!^!. � . � ...�.�T��lT� �� . '�.��T.�.��. w . Qr ., • ;;._-_---- ' ._. ..,------- i �' � � :'Y�14N/c`/J 1J.. `� ' � _ _ . . _.�.----� - - ---- � d�� , �� _ , M �� v � � 0 C Q .c�y' � � � � � �.�. . t�d �. v � ,�,+ c,>o��rif-4rs �' '^ __. _ . .�----. ._. - — �� r blNlb�1^ �� I/ , � � � �a,f,V'�b^ . I � -. ^ Q V : � a � � vl� - � T � O v � � � � a � � J= �. � • � d� �� V —_ _. �; /v �131 S� (�i �; -------� - — -- - �-�-- , N s.so�s � . . ! ':, 4� . � - V .� � � : -_- - _s , �� . .-i o � � �� i � � � , i� � v .. .�� - � � N � � \ � q� � ,o'� �. �; � � � . � �, - ' � � � � . �� e __ W . � � � Q � ' . , . � - �r �� , � �.,.�r -��3 aN� �1 � ' �, �rt_or � , i � e.�.c�S /S �+ H UN h � i- ;�'� � • � e }� .� � � a n �� i i i �, _ i • ' . ` S ; � ' r � 3 � � � � �' ' br •� i � � v � �'� � � � �o d � �-N � .- � � � � - �� 6 � � �� N�� n � —�� ' 'V 4 . � � � � � .. � _ .� a �' � *�fi �' � � � �� tJ A� : n� p �Pa `1' � � � � � , ,� ' �_�b;, � � � � �:• �� 9 � ' � 1.� � Y ' � � ��J� �Y � • � 1 ,� v l�r�1�1 S 3 � . d � � � � ! s �� 3��S — -� d S . �' ��'F+Q ' • d , ,� N yr- — V � � . � � '� � a 7 �j � ;: � d �a� �,'`'� �^„ , � 3�� C� , � �F�' � O r , d y % C �j ` �" v t7� � �. � � � d � � � � � r � � �i �� N 7 � ro � I � � � � � � �' �� i � . � . . �. i � � ° � � a � � � � � �N �` � � N '� q v ( . N� C-�0 r N , .51 I � r (� �, "' N � � �, _ Q J' � � � �T � N � `I. t , � J � � � 0 h v � . � � � �� 1� v �J v ��/ /Y �7 �1 y ,,,J��((( � � � = T. - • �(_ 7i. r\ �'� �1. � .� °� �n� `� r � � � . : Z `� cA ff. �1 . � `y ` , . �1a s � .c_-� � �i I1 11 '° '�� r� t °� . � � a I �1 � i � I � _ s�,o � `� `y � � V ( � � � z � � J ; � � � , � ,-� . . . . . . . . .� . . . � _-. � �-�-�.. - . � , �% �7- /�1�1 ��: - . . .. , ; �. . .. -.� .. . . ,. _ . August 18, 1987 --. , � � Mr. Tom Beach Board of Zoning Appeals -- � 2S West Fourth Sireet St. Paul, MN 55102 Re: Zoning File 4E 10181 Zoning File Name: . � Cathedral Hill Associates Dear Mr. Beach: �As majority owner of the Dacotah Building directly across Selby Avenue from the proposed structure at 375 Selby and 370 Dayton, I would be most pleased to see a new structure finally erected on this site. I would be opposed, however to waiving the 71-vehicle off-street parking requirements. Development of this area has been progressing slowly but nicely. However, if we continue to make exceptions for parking requirements, we rnay find ourselves in the predicament of the Victoria Crossing merchants on Grand Avenue. .. � . Yours truly, .,._ ' -: _�_ ... � - _ - � , •. .. . ':z — ''°-- . �+�a '��ti,,,, � - � � � R:��MS'T'RA CONIIvf[JIVICAT'IONS,INC. � - . � . . .._.. --- -. �, Z'� .,. . ,�..: ..--_.. .,. . ;•.`••:.'. '�.'_•,;� ---.,.. _.. ..r - - - . . � � � � � j��- ��y� �' � " �v� i�u:a. cS'f�u�f ��u� . � lSwedenborgian) 17�Vlfgl�i8$t�CE:(Comer of Virginis and Selby) Saint Paul,Minnesota 55102 . _ , Phone:�€+�+t 224-455j . _ � ' 1►ugust 18, 198? R�: Zoning File '•;o. 10181 Zoning File fiame- Cathedra1Hi11 Assoc. ., Board of ?,oning Appeals 25 West Fourth Street � st. Pa.ul Mx 55102 . � • Gentlemen: ' The Virginia Street Church, 170 Yirginia Street, xishes to go on recoxd as op�osin� the request of Ca.thedral i�311 Associates for a variance of requ;rements foz off-street parking for the Cathedral Hill co�mercial development and asks that a variance be denied. Sir.cerely, � i. � C - �_ ,�...u-�-e �,Lt''r'`v-e...'z'L'�_ - - � � _ " osep'�ine Coxe�n, Secretary aaard of Trustees �CC Y. R�elley : . �� 5 �� ol �l � Affiliated wrth The General Convention of the New Jerusalem — Illin�� Aisociation of the New Jerusalem Church �-c- 1 �G �u �� .�`. � / �� `'� ��1 � � �7� � � 4 � • �rr�� 1 � CHRIST HOJSEHOl.O t v' i � � � �6 e\ 1 � � OF FaITH � O �� I �v � � , �vL � � �i � _ ` - - -- - �- � � ? , C � v ..i�� ' ;� .._ O O .� i9 m� �' v( --� � _ n , �� ' � 1 { "'"� �� O � V O ' 1 ' � I 1 ' � �' __ i•� _ � _ . � 1 I � I �A �^{ � (� !"� I � V; i , V� � V � "� �.JJ N O L"_ `': 1°� � RM _ U I `��. � � � �� 5 t0 t4Zi e�v �'1� �� ,� � �I I �4 12 �2 � V 28 ,,!, 6 5 O 8 v � ;_� ;,�. _ ; �y 4,� �� I 36 �9 . 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I D I $ � , . � - DATE �'�" O MULTIPLE �FAMILY • • � COMMERCIAL � SC�LE : i"= 200� NORTH � �i°' �N�USTRIaL MAP N0. .,:,;: - ::.;;� ��.r;►�IKG EG��D ' V Vt�Ct�NT �C/ � -------------------------------= AGENDA ITEMS -------------------------------- --------------- ------------- ----------- �l --- ----- �� j� / ID#: [300 ] DATE REC: [09/30/87] AGENDA DATE: [00/00/00] ITEM #: [ ] SUBJECT: [CATHEDERAL HILL ASSOCIATES—REVERSE DECISION OF BD. OF ZONING APPEAL] STAFF ASS I GNED: [��}. ��—� ] S I G:[ �(J�� OUT—[ 7 TO CLERK—�6@�86,/-A0} `�/� ORIGINATOR:[CITY ATTORNEY ] CONTACT:[SEGAL ] ACTION:[ ] [ ] C.F.# [ ] ORD.# [ ] FILE COMPLETE="X" [ ] s � � +� � � +� �e � � � � FILE INFO: [RESOLUTION/BD OF ZONING APPEA�S STAFF REPORT ] [ � [ 7 ______________________________________________________________________________ � � G�� ?�,�z�- 1 � � ��Ty ST. PAUL CITY COUNCIL PUBI.IC HEARING N TICE ZONING . - I� To: Property owners within 350 feet FIL E N 0. 10181 Representatives of Planning District 8 PAGE P V R P a S E To consider an appeal of a decision by the Board of Zoning Appeals to deny a zoning variance which would have permitted the Cathedral Hill commercial development to operate with no new off-street parking. LOCATION 375 Selby, 370 Dayton (East side of Western) P E T I T 10 N E R CATHEDRAL HILL ASSOCIATES H E A R I N G Thursday, �� . Cit Council Cham ers, rd Floor City Hall - Court House Q U E S T10 N S Zoning 29s-4154 (Tom Beach) r � Contact the Zoning Section of the Planning and Economi� Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, MinnesoLa 55102 Qi� q//�J ��fc�� '1�,%�-��U (.,�'�'t'�L /O �G�7 �c.-✓ ..c.,�1t, s�,''; ,_,;�< �-- �j�P,�, �S GC�..�o� �� -�,.. � �7 � � Lc.,�'C1� , r �,�,��,�i�1 Notice semt p1 . �;' �' .,. >�_-� �