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99-895ORIGlNAL Council File # �9 ' p"i GreenSheet# f�� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date tia 2 WFIEI2EAS, John Kratz, in Zoning File No. 99-158, made appiication to the Saint Paul 3 Plamiing Commission (Planning Commission) pursuant to the provisions of the Saint Paul 4 Zoning Code for a Special Condition Use Pernut to allow a cluster development of seven 5 residential dwelling units for property located at � Juliet Avenue, commonly known as that 6 vacant parcel west of I-35E between Juliet and Palace, City of Saint Paul, and legally described 7 as Lots 17 and 18 and parts of Lots 1- 6, Block 19, Ridgewood Pazk Addition; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the Zoning Committee of the Planning Commission conducted a public hearing on July 15, 1999 after having provided notice to affected property owners, and thereafter submitted its recommendation to the full Planning Commission. The Planning Commission, by its resolution No. 99-44, dated July 23, 1999, determined to grant the application based upon the following findings and conclusions as set forth therein: The applicant owns all of the properiy proposed for development. Seven dwelling units are proposed, one building of five units and the second building of two units. Each 1,714 square foot unit wiil have three bedrooms, a two car garage, and walk out basement. The sales price for each dwelling unit will be between $250,600 and $290,000. 2. Section 60.413(13) of the zoning code pernuts cluster developments subject to the following conditions: a. There shall be a minimum of two (2) units. This condition is met. Seven units are planned. b. The units shall be attached, eommon wall, single fahzily, with no unit intruding on the vertical airspace of any other unit. This condition is met. The units are side-by-side, with no unit intruding on the vertical air space of any other unit. c. The parcel shall meet the lot area required per unit in the zoning tlistrict. This condition is met. The lot azea is 36,672 square feet. This allows seven dwelling units (5,000 square feet of lot area is required for each unit). � q9 -i'95 2 d The parcel shall have a minimum frontage of eighty (80) feet on an improved 3 street 4 This condition is met based on the approved site plan. The property has frontage on two streets: 80 feet of isnproved frontage on Juliet Avenue and 117.4 feet of uiuinproved frontage on Palace Avenue. e. The structure sha11 conform to the schedule of regu[ations for height, lot coverage, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 setbacks and parking. This condition is met. As proposed, the development meets the requirements for height, lot coverage, setbacks, and parking prescribed by the zoning district. Since the lot is double fronted, 25 foot setbacks from both Juliet and Palace aze provided. In addition, a 25 foot reaz setback from the east (I35-E) properry line is provided. f. The design shall be eompatible with the surrounding neighborhood This condition is met. The immediate neighborhood is characterized by a variety of housing styles and sizes. There aze one and two-story homes on Lexington Parkway. One block to the northwest is a townhouse complex at Lexington and Jefferson. The house on the north side of Palace immediately to the west of the development site is a newer full two story structure with a tuck under gazage that is similaz to the proposed townhouse design. g. Individuul lots, buildings, street and parking areas shall be designed and situated to minimize alteration of the �zatural features and topography. This condition is met. The development has been designed to minimize disruption to natural features and topography. In an attempt to preserve the existing topography, proposed development at the northern portion of the site will be at an elevation that is about 12 feet higher than the development at the southem half. h. Applications for cluster development shall inc[ude site plans, including landscapang and elevations and other information the planning commission may requesb This condifion is met. The applicant submitted a site plan, landscape plan, and building elevations along with a written description detailing the specifics of the development. 3. Section 64300(d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city counciL Page 2 of 4 a9 - $95 2 This condition is met. The recently adopted citywide land use plan, under objective 3 5.31 states, "Each of the seventeen plamiing districts in the city should have life cycle 4 housing, that is, a mixiure of single-family houses, townhouses, condominiums, 5 apartments, and seniors housing." 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Goals of the District 14 Plan state: 1) "to retain and improve the residential quality of the community;" 2) "maintain the single family chazacter of the distdct;" 3) "to meet the diverse housing needs of residents;" and 4) "to provide a variety of housing types within the disirict (apartinent, condominiums, cooperatives) while retaining the single-family chazacter and residential quality of the distdct". b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. Access to the north building will be from Juliet Avenue. Access to the south building will be from Palace Avenue. There will be a two-car garage for each of the dwelling units. c. The use wi[I not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. The modest number of new dwelling units can be accommodated by existing facilities and services provided by the city. Lexington Parkway currently carries about 19,000 vehicles near this location. d. The use will not impede the normal and orderly deve[opment and improvement of the surrounding property for uses permitted in the district This condition is met. The surrounding property is fully developed. The new housing will serve as a buffer between the interstate and single family homes to the west. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is ZocaZed. This condition is met. The proposed development meets all the conditions for cluster development in a R-4 district. WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Ronald E. Hachey duly filed an appeal from the determination made by the Planning Commission and requested that a hearing be held before the Saint Paul City Council for the purpose of considering the actions taken by the Planning Commission; and WHEItEAS, acting pursuant to Saint Paul Legisiative Code §§ 64.206 - 64.208, and upon notice to affected parties, a public hearing was duly conducted by the City Council on August 25, 1999, where all interested parties were given an opportunity to be heazd; and Page 3 of 4 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 q°t -�95 WHEREAS, the City Council, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Plauning Commission does hereby; RESOLVE, that the City Council does hereby af£nn the decision of the Saint Paul Plaimiug Commission in this matter based upon the following findings of the Council: The City Council finds no error in any fact, finding, or procedure on the part of the Plaiming Commission. The City Council affirms the issuance of the Special Condition Use Permit and adopts, as its own, the findings and detemunations of the Plauning Coxnxnission as contained in Platming Commission resolution No. 99-44, dated July 23, 1999; AND BE IT FURTHER RESOLVED, that the appeal of Ronald E. Hachey be and is hereby derued; AND BE IT FINALLY RESOLVED, that the City Clerk shali mail a copy of this resolution to John Kratz, Ronald E. Hachey, the Zoning Administrator and the Planning Commission. ORIGINAI. Requested by Department of: ay: Apps By: By: Form Appr d by City Attorney BY: ��orw �l-6=97 Approved by Mayor for Submission to Council By: Adopted by Council: Date ��°� Adoption Certified by Council Secretary q9 -i�s Gity Council �o 1999 GREEN SHEET nwauo.e. No � ��7os Councilmember Harris 22 TOTAL # OF SIGNATURE PAGES on�un�r u� ancwca ❑ CIIYATIOlEY ❑ OIY4iM �� ❑ ww�o��aaxusow. ❑ wuwy��ro ❑ r�von�pe�tt�r,urt� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the City Council on August 25, 1999, denying the appeal of Ronald Hachey to a decision of the Planning Commission to grant a special condition use permit to allow for seven units in a cluster development at 0 Juliet Avenue, north of Palace Avenue and approximately 200 feet east of Lexington Parkway. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Tanetsncnox S SOURCE � rn� �� d �. a cono-aa raa: d�mmenn res ruo Hes ihie penoNfi�m ewr been a eRY emDbYK� VES NO Doec thic �saNfi'm 7�ese a sldll not riom��YP�� M' a�Y curteM cilY emPbYee? YE3 NO la tlus pemaNfmm a terpe[etl vendoR YES NO �lain a0 vea anav,e's on seoa2te sheet and aVach to areen shee[ COETIREVENUE BU06ETm IGRCI£ ONE� ACTMTY N111�ER �C��`�'�7 INFORMA710N (E]�IINI� CTT`Y OF SA1NT PAUL Norne Coleman, Mayor September 8, 1999 OFFICE OF THE CITY ATTORNEY �q �� S Cleryfon M Robinson, Jr., C�ry Atlorney Civil Division 400CityHa11 Telephone:651266-8770 ISWestKel[oggBlvd. F¢csimile:651298-5619 SairstPaul, Minttesota 55702 �eL;�ci? P�searv�} :��,ar Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paui, MN 55102 � a rr Re: Appeal of Ronald E. Hachey Zoning File No. 99-158 Council Action Date: August 25, 1999 Deaz Ms. Anderson: Attached please find the original signed resolution memorializing the decision of the Saint Paul City Council to deny the appeal of Judge Ronald E. Hachey in the above-entitled matter. Please place this matter on the Council's consent agenda at your earliest convenience. If you have any quesfions, piease don't hesitate to call. Very ly yours, _ ��/✓�� Peter W. Warner Assistant City Attorney PWW/rmb Enclosure DEPARI'MENT OF PLANNING & ECONOMIC DEVELOPMENT °1g • g� 5 S1 CTTY OF SAIIVT PAUL Norm Colemarz, Mayor August 16, 1999 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Divrsion af Plameing ZS WestFOUrth Street SaintPaLl, MN55102 Telephone: 612-2666565 Facsimile: 612-228-3314 �6if�3'4� �ESE.`a�i;;}: ��il��,° FiiftS � � �b�9 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday August 25, 1999 for the following appeal of a Planning Commission decision to grant a special condition use permit: Applicant: Ronald E. Hachey File Number: #99-218 Purpose: Appeal of a Planning Commission decision to grant a special condition use permit to allow for 7 units in a cluster development. Address: 0 7uliet Avenue north of Palace and approxnnately 200 feet east of Lexington Parkway. Legal Description See file. of Property: Previous Action: Planning Commission Recommendation: Approval, vote: Unanimous July 23, 1999 Zoning Committee Recommendation: Approval, vote: 5-0 July 15, 1999 My understanding is that this public hearing request will appear on the agenda for the August 25, 1999 City Council meeting and you wilt publish notice of the heazing in the Saint Paul Legal Ledger. Please call me at 266-6559 if you have any questions. S� cerely,�� 7ames � CiTy Planner cc: File #99-218 Paul Dubruiel Carol Martineau •FVtsrra�x• " � ;NOTiCE OF PI�BLi6 HEAR7N6 The Saint Paul City Council will rnnduct a public hearing on Wednesday, August 25. 1999, at 5:30 p,m. in the City Council Chambers. Third Fioor, City Hall- Courthouse, to consider the appeal of Ronald E. Hachey to a decision of the Planning Commission to�grant a special condition use permit to atlow for seven urtits in a cluster deve2opment at b Juliet Avenue noStK oY Palaoe Avenue and approximately 200 feet east of �Lexington Pazkway. .. -. Dated:August16.1999 NANCYANDERSON � - AssistantCityCounciiSecreYerq � _: - � _ (Aug. l$1, - _=====sxrnur.r,sc,u:i�ocEx==--=_ ° DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT • CTTY OF SAINT PAUL Norm Ca[eman, Mayor August 16, 1999 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #99-218 Ronald E. Hachey Division ofP[artnirzg 25 West Fourth Street Savit Paul, MN Si702 R�1- $'qS Te[ephone: 672-266-656� Facsimi[e: 612-228-3314 City Council Hearing: August 25, 1999, 530 p.m. to 630 p.m., City Council Chambers PURPOSE: Appeai a planning commission decision approving a special condition use permit for 7 units in a cluster development. PLANNING COMMISSiON RECOMMENDATION APPROVAL vote: Unanimous ZONING COMMITTEE RECOMMENDATION: APPROVAL vote: 5 in favor, 0 against. • STAFF RECOMMENDATION: APPROVAL SUPPORT: The Macalester Groveland Community Council supported the permit. OPPOSITION: Three residents spoke against the permit. Dear Ms. Anderson: � Ronald E. Hachey is appealing a Pfanning Commission decision to approve a special condition use permit at 0 Juliet north of Palace 200 feet east of Lexinton Parkway that would allow for the construction of 7 housing units in a cluster development. The Zoning Committee of the Planning Commission held a public hearing on the proposed special condition use permit on July 15, 1999. At the close of the public heazing, the committee voted 5-0 to recommend approval of the special condition use permit. On July 23, 1999 the Planning Commission upheld the Zoning Committee's recommendation on an unanimous vote. This appeal is scheduled to be heard by the CiTy Council on August 25, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Si erely, � %� ` � J � ,�^ �uu�r / � James �n City Planner cc City Council members i SAINT fwVi � IIAA� '�iq - 8'95 APPLICATION FOR APPEAL Departineirt oj P/anirina �nad Eco�ro»ric Dei�elopn:ei:t 7_onii:n Sectr�ir 1100 Citl Hall Anner 2i 13'est Faur(Ir Street Saiitt Paul, ,LLN 55102 266-6589 zorting o i ` u�(y_ �1i2 i10. eg�.� Fee �`—� d'� E� L_ Tentatiue hearing ciatQ �-� �� :e d�,{� � APPELLANT I Name_ �2��iu. (;( � /-� 4� i� �� -- Address r cr- s � City S�. n� u 1 St.M� Zip.i•.�oJ Daytime phone ��v- �7<<�z 2�e.� �si ) � `«' �9� PROPERTY Zoning File Name 6 T'h.-� !C r2f Z �i��feb�:✓ �' /o�„�� :r-r' LOCATION � Add�2SS/Locati0n l�c�y 1.liici�c(2 �.aS/ oS /�eFin vft>sr �Pfas�F �., i , TYPE OF APPEAL Appiication is hereby made for an appeal to the: = Board of Zoning Appeais C�, City Council under the provisions of Chapter 64, Section �L�=Paragraph �of the Zoning Code, to appeal a decision made by the Pl o�, .� ,n 4 �o rn`x /� s ioir on _ .TC[ (� Z 3 , 19 � �. File number: / �J � (date of decision) GROUNDS FOf2 APPEAL: 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 Pianning Commission. �S�c E �!ltC�c-�ti EcL Shc-.�Es Attach addifional sheet if 1- 3�'"�l ��1� 5'.3l ApplicanYs signature //;�nz�� r,� �/ctC'�..��L Date '�I''�/`1`'1 City agent� � `�-3� ��l � Two years ago this matter was heard by the community sub- committee, � planning commission, and finally, the city council. You recali that Mr. Kratz's appiication was turned down. The proposed development wasn't compatible with the surrounding neighborhood, since that time Mr. Kratz has re- applied for the same use permit. Nothing in the surrounded neighborhood has changed. Mr. Krafz has changed his plans to F�ave 5 units at the Juliet Avenue area, and 2 units at the Palace Avenue, 7 in all. Originalfy he planned to have 8 units, 2 buildings, 4 units in each. In addition, he changed the facede of each unit by instailing a gabie appearing structure. This year the commu�ity council and the planning commission find that the development is compatible with the adjoining neighborhood. It is di�culY to understand why, today, the devefopment is compatible. The same prob�ems wi11 exist: depressed market values, congestion, traffic, parking and etc. The neighborhood cannot understand the 180-degree finding of compatibility. And they won't go away. Second: another very important issue for your resolution is a matter of requirement of 80 feet improved street, adjacent to the proposed buildings. It has been an interesting disp�ay of ingenuity as to what occurred on Juliet Avenue. The straight- line measurement was 73 feet, 7 short of the required 80. To get to the 80 feet requirement, Juliet Avenue was curved to enter a driveway, thus obtaining the required 80 feet. This is something new- curving a street to enter a driveway in order to gain severa! additional feet, coufd open a Pandora's 8ox. if this "gimmick" will meet the zoning requiremenf of 80 feet, next we might possibiy • hear that certain people are using a rubber tape that might provide the additional required footage. This "ingenious" idea violates the spirit of the code and should not be tolerated. The Palace Avenue proposed building has no improved street, although the application refers to 16 feet of improved street. To get the required 80 feet the improved street would be required to use a part of a steep hill, which couldn't have any functional use. The Zoning Committee listed the Palace Avenue units as having 107+ feet of unimoroved street. Because of the hili, further street improvement"wouid end short of the required 80 feet. it is suggested that the Paface Avenue units can be inciuded in fhe Ju(ief 80 feet (1 parce( theory). This idea has no merit because there is no way to get to Juliet Avenue from the Palace Avenue units. This arises because of a hill between the Palace Avenue units and Juliet Avenue. Hence, Juliet Avenue is of no functional use to the Palace Avenue units. Thus, the Palace Avenue units are woefully short of an improved street as required. Conclusion I respectfully submit the cluster development doesn't belong where proposed, and shouidn't be permitted. First, it wiil depress, not improve the neighborhood. Second, the law shouldn't, and doesn't, permit qimmicks to get around the provision of existing codes. Third, Mr. Kratz, in order to make a beautiful profit on a cluster unit � development, is like trying to force a square pig into a round hole. The area is qq -w►s • idealiy suited for single family home development- not a crowded ciuster makeshift arrangement. Let's not let the almighty dollar be the king in this matter. Mr. Kratz paid a premium price to get the required 36,000 square feet, and now wants to be bailed out. He states that he cannot think about building single family dwellings because of the freeway. I wouid think the same wouid apply fo the cluster arrangement. What is the reaction in the neighborhood as to the 180-degree reversal of the findings of your commission of 2 years ago? it ranges from a small minority of citizens who are bitterly disappointed to a significant majority who are furious. Use your ordained authority and responsibility in fairness- not unfairness- with justice- not injustice. Decide the issues as you did just 2 years ago. Don't let the rights of good people be trampled. LeYs not allow the rights of people to become mere franchises, subject to the whims and fancies of those who don't care. Respectfully Submitted, . �ra�✓ P f�rz�� -c Judge Ronald E. Hachey, ret�d � r a The City Legislative Code for cluster homes calls for an "80 foot entrance on an improved street." ' Because there is a current city-administration "mandate" to put new housing on every vacant lot, this cluster home requisite was approved because the City staff allowed this developer to donate a portion of his property to lengthen the amount of curve in front of his property. . a There are no criteria for allowing this variance. Allowing the � city street to curve into the developer's property should have a set number of feet that the entrance can vary and that measuring stick should be applied to PvPrv s;tP n�an and PvPrv c3PVPl�nPr's �1nstPr homP dPSian_ If this curve allowance is allowed to stand -- a11 future such sites can ignore the 80-foot requisite. A developer could have two of the required 80 feet and design a curve fu11 of intr�,cate swirls which measure 78 feet (see illustration below) and have an approval o£ this item in the code. THE CODE IS THE CODE! Please correct this error and deny site p1an approval. � , �� '�'�� ? .� : .. ,� �, �' �f - , � C�=< r ,k , _ �-� � � �„_ _ __--. -- ,__ . � -- �_ v`" ��-��__1 - _ • � •�� ; �_ f � � �. , _- �,��.� 0 . 0 z • • . qq -8'9s � ciiy of saint paul planning commission resolution file number 99-44 date Jul 23 1999 �VHEREAS, John Iuatz has applied for a special condition use permit to aliow a cluster development of seven (7) dwellin� units on a site between Juliet and Palace Avenues approximately 200 feet east of Lexin�ton Parkway, Izgally described as (see file): and �VHEREAS, the Zonin� Committee of the Plannin� Commission on 7I15/99 held a public hearing at which all persons present �vere given an oppoRuniry to be heard pursuant to said application in accordance �vith the requirements of Section 64.300 of the Saint Paul Legislative Code; and `VHEREAS, Saint Paul Ptannin� Commission, based on the evidence presented to its Zonin� Committee at the public hearin� as substantially reflected in the minutes, made the following findin�s of fact: • I. The app(icant owns all of the property proposed for development. Seven dwelling units are proposed, one buildin� of five units and the second buildin� of two units. Each 1,714 square foot unit �vill have three bedrooms, a two car garage, and walk out basement. The sales price for each dwellin� unit wili be between $2�0,000 and $29Q000. 2. Section 60.413(13) of the zonin� code permits cluster developments subject to the followin� conditions: a. Tl:ere s/:al! be n rninimum of two (2) units. THis condition is met. Seven units are planned. b. The units skal! be attac{:ed, comtnon wall, single family, witlt no unit intruding orz the vertica! airspace of any otlzer urzit. moved by Field seconde� h� — � in �avor Unanimous agains� Zonin�File +991�3 Reso(u[ion Pa�e Two This condi[ion is met. The units are side-by-side, ��'ith no unit intruding on the verticat air space of any other unit. c. T/te parce! s/tal! meet U:e !ot area required per unit in the zoning district. This conditioe is met. The lot area is 36,672 square feet. This allo�vs seven dwelling units (�,000 square fezt of lot area is requirzd for each unit). d. Tlee parce! sfeal! have a tr:inin:un: frontage of eiglery (80) feet at an improved street. This condition is met based on the approved site plan. The property has frontage on rivo strezts: 80 feet of improved frontage on Juliet Avenue and 117.4 feet of unimproved fronta�e on Palace Avenue. u e. The structure s/ta!! can jorne to the scl:edrde ajreg�datim:s for height, lot coverage, setbacks and parkii:g. This condition is met. As proposed, the development meets the requirements for • height, lot covera�e, setbacks, and parkin� prescribed by the zonin� district. Since the lot is double fronted, 2� foot setbacks from both Jufiet and Palace are provided. In addition, a 2� foot rear setback from the east (I3�-E) proper[y line is provided. f. Tlre rlesign s1�a11 be compatible rvit/i the s�irroundirtg neighborhood. This condition is met. The immediate nei�hborhood is characterized by a variety of housing styles and sizes. There are one and two-story homes on Lexin�ton Parkw'ay. One block to the noRhwest is a to�vnhouse complex at Lexington and Jefferson. The house on the north side of Palace immediately to the �vest of the development site is a ne�ver full two story structure with a tuck under garage that is similar to the proposed to�a-nhouse design. g. Ltdividual lofs� buifdings, street mzd �arFiug areas s/:a1L be designed and situafed to rreinimize alteration ojUze nafurnl features and topograplry. This condi[ion is met. The development has been designed to minimize disruption to natural features and topo�raphy. In an attempt to preserve the existing topography, proposed developmenc at the northern portion of the site will be at an elevation that i� about 12 feet higher than the de��elopment at thz southem half. �9-�95 • Zoning File r991�8 Resolution Pa�e Three h. Appiicatioris for clitsfer developmerzt sfialt incktde site plans, inc(udirio Inndscapiri� med elevatiotes aiid otlter irtformation t/te planning co�nmission may request. This condition is met. The applicant submitted a site plan, landscape plan, and buildin� elevations alon� �vith a wTitten description detailing the spzcifics of the development. 3. Section 64.300(d) of thz zoning code requires that before the plannin� commission ma} orant approva( of a principal use subject to special conditions, the commission shall find that: a. Tfee ertent, tocation anrl ir:tensity of the use wil! be in substantin! compliance wiih tl�e Saint Paii! Con:pre%ei:sive Plart and m:y applicable si�barea plans which were approved by tlie city council. This condition is me[. The recently adopted citywide land use plan, under objectivz � �.3.1 states, "Each of the seventeen plannino districts in the city should have life c} cie housind, that is, a mi�ture of sing(e-family houses, townhouses, condominiums, apartments, and seniors housin�." Goals of the District 14 Plan state: 1) "to retain and impro�'e the residential quality of the community;" 2) "maintain the sin�(e family character of the district;" 3) "to meet the diverse housin� needs of residents;" and 4} "to provide a variety of housing types �rithin the district (apartment, condominiums, cooperatives) while retaining the sin�le-family character and residentiat quality of the distric[". b. Tlfe use will provide adequate in�ress and egress to minin:ize traffic congestion ir: tlte public streets. This condition ts met. Access to the north buildin� will be from Juiiet Aveaue. Access to the south buildin� will be from Palace Avenue. There �ti ill be a two-car �ara�e for each of the dwelling units. c. Tlie itse will not be defritnental to tlte existing cl:aracter of devetopment in the imnaediate �eig(iborhood or endan�er the pt�blic heald�, safety and genera! welfare. � This condition is met. The modest number of neti�� d�'ellin� units can be accommodated by existin� facilities and ser��ices provided by the city. Lexington Parkway currently carries about 19,000 vehicles near this location. Zoning File �+99158 Resolution Pa�e Four d. The use wil[ not impede the normal ar:d order[y deve[opment and improvement of the surrounding property for uses permitted in the district. This condition is met. The surrounding propedy is fully devetoped. The new housing will serve as a buffer between the interstate and single family homes to the west. e. T/te use sha!!, in al! ot&er respects, conform to tf�e applicable regulations ojthe disirict in rvhich it is located This condition is met. The proposed development meets all the conditions for cluster development in a R-4 district. iVofv Therefore, Be it Resolved, that the Saint Pau1 Planning Commission, based on findings 1, 2 and 3, approves the special condition use permit for seven dwelling units in a cluster development. � � • q9-r�s • MfNUTES OF THE ZONING COMMiTTEE Thursday, July 15, 1999 - 3:30 p.m. City Council Chambers, 3" Fioor City Hall and Court House 15 West Keilogg Boulevard � PRESENT: EXCUSED: OTHERS PRESENT: Field, Gervais, Kramer, Morton, and Nowlin Engh, Faricy, and Gordon Peter Warner, City Attorney Carol Martineau, Allan Torstenson, and Jim Zdon of PED The meeting was chaired by Commissioner Field. John Kratz - 99-158 - Special Condition Use Permit to allow a cluster development with seven (7) dwelling units. Jim Zdon showed slides and presented the staff report. Mr. Zdon stated the Zoning Staff recommends approval and the District Council is supporting the proposed development. He also stated one neighbor called opposing the development because of safety concerns and design compatibility issues. John Kratz, the applicant, appeared and stated he was a builder and developer for twenty years. The last five years he has specialized in the City sites. Mr. Kratz also explained the Juliet site is underused, and the high volume of traffic has made the area inappropriate for single family homes. He aiso expiained this is the second attempt to build town houses on this site. The first one met with neighborhood opposition. This plan addressed the concerns of the neighborhood and wiil be compatible with the neighborhood. The town house units should sell for approximate{y $275,060 a piece which will bting about 1.9 miflion dolfars to the tax base of the City. At the question of Commissioner Nowlin, Mr. Kratz stated that since 1993 he built approximately 8 single family homes in the City including the home on 1500 Summit Avenue. He also built approximately 140 town house units in the suburbs. Karen Tenter, 1083 Palace Avenue, appeared in opposition, Ms. Tenter felt Mr. Kratz's proposal did not meet ail the conditions required for a cluster development. According to Condition D there should be 80 feet of frontage on an improved street and this requirement is not met. Condition � states there should be compatibility with the surrounding neighborhood. Ms. Tenter also feit Condition F was not met. There is 73 feet of frontage on Juliet and Palace does not have improved frontage. • Judge Ronald Hachey, 1080 Palace Avenue, appeared in opposition and stated the 80 foot frontage requirement of the code is not met. The parcei does not have 80 feet of frontage because these is no improved street that gives any footage to the two units on the south side. The improved frontage is on Juliet Avenue which is severai hundred feet to the north. Zoning Committee Minutes July 19, 1999 File #: 99-128 Page 2 He also stated he believed the site is 7 feet short of the 80 feet requirement. Mr. Hachey also explained he believed the way they took the measurements to make the 80 feet requirement was illegal. He also stated the survey stakes that are in place now are inaccurate, and he would like an accurate survey. Mr. Hachey also stated the complex was not compatibie with the neighborhood because of parking problems, traffic, noise, and the market value of homes being reduced because of view obstruction. Alex Nosteson, 393 Lexington Avenue, stated he was concerned with the traffic conditions and the long term effect that it will have on people who want to move into the neighborhood. Mr. Kratz appeared and stated the entire parcei wili be repiated and as part of the replat, additional property will be dedicated to the City right-of-way creating the 80 foot frontage on Juliet Avenue. The hearing was closed. At the question of Commissioner Kramer, Mr. Kratz stated the 80 foot frontage applies to the five unit building. The two unit building is accessed from Palace Street which is an unimproved paper street. The developerwill have to make some improvements to the driveways and the str�ets. The site pian was approved by LIEP. Upon Question of Commissioner Nowlin, Mr. Kratz stated the parcels will have a minimum frontage of 80 feef on an improved streef. fn this case we have a parcel betwreen two streets and Juliet is an improved street and it does have 80 feet of frontage based on the approved site plan. After further discussion the hearing was closed. Commissioner Nowlin moved to approve the Special Condition Use Permit noting that Condition D is met based on an approved site plan. Commissioner Morton second it. Adopted Yeas - 5 Drafted by: (Y/ /' — � > 1M/� �/�L-F.L�IA.LMOl7A/Y Caroi Martineau Recording Secretary Nays - 0 Submitted by: ��✓I /�Yames Zdo'� �Zoning S�e ion Approved by: itton Field Chair i � C� q �t -�+s � C � J • ZONZNG COMMZTTEE STAFF AEPORT _____________________________ ___'____'__________'___'____' FILE #99-158 1. APPLICANT: JOHN KRATZ DATE OF FIEARING: 07/15/99 2. CLASSIFICATION: Special Condition Use 3. LOCATION: XXX JULIET AVENUE (West of I-35-E between Juliet & Palace) 4. PLANNING DISTRICT: 14 5. LEGAL DESCRIPTION: see file 6. PRESENT ZONING: R-4 ZONING CODE REFERENCE: §60.413(13) &§64.300(d) 7. STAFF INVESTIGATION AND REPORT: DATE: 07/8/99 BY: James Zdon 8. DATE RECEIVED: 06/11/99 DEADLINE FOR ACTION: 08/10/99 A. ai7RPOSE: Special condition use permit to a11ow a cluster development with seven (7) dwelling units. B. PaRCEL sizE: The irregular shaped development parcel wi11 have 80 feet of improved frontage on Juliet Avenue and 117.4 feet of unimproved frontage on Palace Avenue. The total lot area is 36,672 square feet. C. EXISTING LAND USE: The property is currently vacant. The development parcel is being assembled from vacant lots and remnant right-of-way from Interstate 35E construction. D. SIIRROUNDING LaND USS: The property is surrounded on the north, south, and west by single family homes and by Interstate 35E on the east. E. ZONING CODE CITATION: Sections 60.413(13) and 64.300(d) of the zoning code . __ _� _ __ _- __ _ – ____—___ –. . permit cluster developments subject to the conditions detailed in findings #2 and #3 of this report. F. HISTORY/DISCIISSION: In 1997 the planning commission denied the applicant's special condition use permit application (File 97-050) for a cluster development of eight dwelling units. The applicant appealed the decision to the City Council whicfi upheld the planning commission's decision. G. DISTRICT COIINCIL RECO�NDATION: To date no recommendation has been received £rom the Macalester-Groveland Community Council. H. FINDINGS: 1. The applicant owns all of the property proposed for development. Seven dwelling units are proposed, one building of five uniCS and the second building of two units-. Each 1,714 square foot unit wi11 have three bedrooms, a two car garage, and walk out basement. The sales price £or • each dwelling unit will be between $250,000 and $290,000. 2. Section 60.413(13) of the zoning code permits cluster developments subject to the following conditions: a. There shaZl be a mznimum of two (2) vnits. This condition is met. Seven units are planned. b. The units shall be attached, co�non wa12, single family, with no unit intruding on the vertica2 airspace of any other unit. This condition is met. The units are side-by-side, with no unit intruding on the vertical air space of any other unit. c. The parce2 sha1Z meet the lot area required per unit ia the zoning district. This condition is met. The lot area is 36,672 square feet. This allows seven dwelling units (5,000 square feet of 1ot area is required for each unit). d. The parcel sha1Z have a minimum frontage of eigkty (80) £eet on an improved street. This condition is met. The property has frontage on two streets: 80 . feet of improved frontage on Juliet Avenue and 117.4 feet of unimproved frontage on Palace Avenue. e. The structure sha11 coafozm to the schedule of regulations for height, 2ot coverage, setbacks and parking. This condition is met. As proposed, the development meets the requirements for height, lot coverage, setbacks, and parking prescribed by the zoning district. Since the lot is double fronted, 25 foot setbacks from both Juliet and Palace are provided. In __ addition, a 2S_foot_rear_setback from_the_east (I35-E)__property line is provided. f. The design shall be compatible with the surroundiag neighborhood. This condition is met, The immediate neighborhood is characterized by a variety of housing styles and sizes. There are one and two- story homes on Lexington Parkway. One block to the northwest is a towahouse complex at Lexington and Se£ferson. The house on the side of Palace immediately to the west of the development site is a newer full two story structure with a tuck under garage that is similar to the proposed townhouse design. g. Individual lots, bui2dings, street and parking areas shall be • designed and situated to minimize alteration of the natural features and topography. °l9 -P9S • This condition is met. The d=velopment has been designed to minimize disruption to natural features and topography. Zn an attempt to preserve the exist9.ng topography, pr000sed develo�ment at the northern portion of the site w•ill be at an elevation that is about 12 £ezt higher than the developnent at the southerr ha1f. h. Applications for cluster development shall include site pZans, including Iandscaping and elevations and other in£ormation the planning coaunission may request. This condition is met. The applicant submitted a site plan, landscape p1an, and building elevations along with a written description detailing the specifics of the develooment. 3. Section 64.300(d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission sha11 find that: a. The extent, location and intensity of the use will be in substantiaS compliance with the Saint Pau1 Comprehensive Plan and any applicable subarea p2ans which were approved by the city council. This condition is met. The recently adopted citywide land use plan, under objective 5.3.1 states, "Each of the seventeen planning . districts in the city should have life cycle housing, that is, a mixture of single-family houses, townhouses, condominiums, apartments, and seniors housing.^ Goals of the District 14 21an state: 1) "to retain and improve the residential quality of the community;" 2) "maintain the single family character of the district;" 3) "to meet the diverse housing needs of residents;" and 4) "to provide a variety of housing types within the district (apartment, condominiums, cooperatives) while retaining the single-family character and residential quality of the district". b. The use wiZl provide adequate ingress and egress to minimize traffic congestion in the pub2ic streets. This condition is met. Access to the north building wi11 be from Juliet Avenue. Access to the south building will be from Palace Avenue. There will be a two-car garage for each of the dwelling units. c. The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. The modest number of new dwelling units can • be accommodated by existing facilities and services provided by the city. Lexington Parkway currently carries about 19,000 vehicles near � this location. - d. The use wi21 not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the aistrict. This condition is met. The surrounding property is fu11y developed. The new housing wi11 serve as a buffer between the interstate and single £amily homes to the west. e. The use shall, in all other respects, conform to the applicable regsslations of the district in which it is Socated. This condition is met. The proposed development meets a11 the conditions for cluster development in a R-4 district. I. STAFF RECOMMENDATION: Based on findings 1 through 3 staf£ recommends approval of the special condition use permit for seven dwelling units in a cluster development. � � • :�� 5�1�NT swv� � AAA SPECIAL CONDITION USE PERMIT APPL1CATlON Saii: t Pau! Zonirrg OJf ce II00 City Ha11 Annex 25 T�es1 Fourth Street Saint,Paul,lbSA'SSIO2 266-G589 °lq- r9s APPLICANT Name John Kratz Address 1424 Edgcu. Road City St. Paul St, rtDi ZiP 55116 Daytima phone 651-690-5360 Name of ownzr (if different} PROPERTY Addre55/Location West frontaRe of 35E betc:een Juliet & Palace LOCAIfOi� Legal description: Lots 17 & 18 & parts of Lots 1-6 IIlock 19, Ridgewood Park Addition Cuffent Zoning R (attach additional sheet if necessaryl �� TYPc OF PERMIT: Application is hereby made under the provisions of Chapter Section 60.413 , Paragraph 13 of the Zoning Code for a: fl Special Condition Use Permit Corridor Conditional Permit p Modification of River Corridor Standards SUPPORTING INFORMATION: supply the information tha; is appiicable to your type of permit (actach additional sheets if necessaryl e SPECIAI CONDITION USE: Explain how the use wili meet each of the speciai conditions. e RIVER CORRIDOR CONDITIONAL USE: Describe hov+ the use will mee; the app!icable conditions. o MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. ---- Please see attached. • �K21 SC7 ��o= site Applicant's sign Date � �� City agent , �-Il-al The special conditions required in Para�raph 13 for cluster developments are met by this � use as follows: a. The seven units proposed exceed the minimum (two) required. b. The units are attached, common wall, single family, with no unit intrudin� on the veRicai airspace of any other unit. c. The site is zoned R-4, «hich requires a minimum lot of 5,000 square feet. The proposed plat contains 36,671 square feet, allowin� the seven units proposed. d. The site is a through lot, frontin� on both Palace and Juliet Avenues. The 118-foot frontage on Palace tirzll be unimproved except for private driveways to a tvro-unit structure. The proposed plat has an 80-foot frontage on Juliet Avenue. e. This structure �vilt conform to the 30-foot ma�cimum building height. The lot co�•era�e, at 24%, is less than the 30% maximum allowable. No accessory buildin�s are proposed. Setbacks are maintained. Each unit has four parl:ing spaces, two in each attached garage and two in front of each garage. f. The "surroundin� nei�hborhood" is a mixture of many design styles. 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LEGE�;O e-�..n�.n zoning district boundary i� subj2d proper�y n o 0 onefamily - -- - - ¢ f:o (amily �-� Q multipL 18mi1y • x ^ comm��c��: } ..,... i dust �:' V v2CZr„ . , , � ., � -�--- r--� ORIGlNAL Council File # �9 ' p"i GreenSheet# f�� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date tia 2 WFIEI2EAS, John Kratz, in Zoning File No. 99-158, made appiication to the Saint Paul 3 Plamiing Commission (Planning Commission) pursuant to the provisions of the Saint Paul 4 Zoning Code for a Special Condition Use Pernut to allow a cluster development of seven 5 residential dwelling units for property located at � Juliet Avenue, commonly known as that 6 vacant parcel west of I-35E between Juliet and Palace, City of Saint Paul, and legally described 7 as Lots 17 and 18 and parts of Lots 1- 6, Block 19, Ridgewood Pazk Addition; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the Zoning Committee of the Planning Commission conducted a public hearing on July 15, 1999 after having provided notice to affected property owners, and thereafter submitted its recommendation to the full Planning Commission. The Planning Commission, by its resolution No. 99-44, dated July 23, 1999, determined to grant the application based upon the following findings and conclusions as set forth therein: The applicant owns all of the properiy proposed for development. Seven dwelling units are proposed, one building of five units and the second building of two units. Each 1,714 square foot unit wiil have three bedrooms, a two car garage, and walk out basement. The sales price for each dwelling unit will be between $250,600 and $290,000. 2. Section 60.413(13) of the zoning code pernuts cluster developments subject to the following conditions: a. There shall be a minimum of two (2) units. This condition is met. Seven units are planned. b. The units shall be attached, eommon wall, single fahzily, with no unit intruding on the vertical airspace of any other unit. This condition is met. The units are side-by-side, with no unit intruding on the vertical air space of any other unit. c. The parcel shall meet the lot area required per unit in the zoning tlistrict. This condition is met. The lot azea is 36,672 square feet. This allows seven dwelling units (5,000 square feet of lot area is required for each unit). � q9 -i'95 2 d The parcel shall have a minimum frontage of eighty (80) feet on an improved 3 street 4 This condition is met based on the approved site plan. The property has frontage on two streets: 80 feet of isnproved frontage on Juliet Avenue and 117.4 feet of uiuinproved frontage on Palace Avenue. e. The structure sha11 conform to the schedule of regu[ations for height, lot coverage, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 setbacks and parking. This condition is met. As proposed, the development meets the requirements for height, lot coverage, setbacks, and parking prescribed by the zoning district. Since the lot is double fronted, 25 foot setbacks from both Juliet and Palace aze provided. In addition, a 25 foot reaz setback from the east (I35-E) properry line is provided. f. The design shall be eompatible with the surrounding neighborhood This condition is met. The immediate neighborhood is characterized by a variety of housing styles and sizes. There aze one and two-story homes on Lexington Parkway. One block to the northwest is a townhouse complex at Lexington and Jefferson. The house on the north side of Palace immediately to the west of the development site is a newer full two story structure with a tuck under gazage that is similaz to the proposed townhouse design. g. Individuul lots, buildings, street and parking areas shall be designed and situated to minimize alteration of the �zatural features and topography. This condition is met. The development has been designed to minimize disruption to natural features and topography. In an attempt to preserve the existing topography, proposed development at the northern portion of the site will be at an elevation that is about 12 feet higher than the development at the southem half. h. Applications for cluster development shall inc[ude site plans, including landscapang and elevations and other information the planning commission may requesb This condifion is met. The applicant submitted a site plan, landscape plan, and building elevations along with a written description detailing the specifics of the development. 3. Section 64300(d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city counciL Page 2 of 4 a9 - $95 2 This condition is met. The recently adopted citywide land use plan, under objective 3 5.31 states, "Each of the seventeen plamiing districts in the city should have life cycle 4 housing, that is, a mixiure of single-family houses, townhouses, condominiums, 5 apartments, and seniors housing." 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Goals of the District 14 Plan state: 1) "to retain and improve the residential quality of the community;" 2) "maintain the single family chazacter of the distdct;" 3) "to meet the diverse housing needs of residents;" and 4) "to provide a variety of housing types within the disirict (apartinent, condominiums, cooperatives) while retaining the single-family chazacter and residential quality of the distdct". b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. Access to the north building will be from Juliet Avenue. Access to the south building will be from Palace Avenue. There will be a two-car garage for each of the dwelling units. c. The use wi[I not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. The modest number of new dwelling units can be accommodated by existing facilities and services provided by the city. Lexington Parkway currently carries about 19,000 vehicles near this location. d. The use will not impede the normal and orderly deve[opment and improvement of the surrounding property for uses permitted in the district This condition is met. The surrounding property is fully developed. The new housing will serve as a buffer between the interstate and single family homes to the west. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is ZocaZed. This condition is met. The proposed development meets all the conditions for cluster development in a R-4 district. WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Ronald E. Hachey duly filed an appeal from the determination made by the Planning Commission and requested that a hearing be held before the Saint Paul City Council for the purpose of considering the actions taken by the Planning Commission; and WHEItEAS, acting pursuant to Saint Paul Legisiative Code §§ 64.206 - 64.208, and upon notice to affected parties, a public hearing was duly conducted by the City Council on August 25, 1999, where all interested parties were given an opportunity to be heazd; and Page 3 of 4 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 q°t -�95 WHEREAS, the City Council, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Plauning Commission does hereby; RESOLVE, that the City Council does hereby af£nn the decision of the Saint Paul Plaimiug Commission in this matter based upon the following findings of the Council: The City Council finds no error in any fact, finding, or procedure on the part of the Plaiming Commission. The City Council affirms the issuance of the Special Condition Use Permit and adopts, as its own, the findings and detemunations of the Plauning Coxnxnission as contained in Platming Commission resolution No. 99-44, dated July 23, 1999; AND BE IT FURTHER RESOLVED, that the appeal of Ronald E. Hachey be and is hereby derued; AND BE IT FINALLY RESOLVED, that the City Clerk shali mail a copy of this resolution to John Kratz, Ronald E. Hachey, the Zoning Administrator and the Planning Commission. ORIGINAI. Requested by Department of: ay: Apps By: By: Form Appr d by City Attorney BY: ��orw �l-6=97 Approved by Mayor for Submission to Council By: Adopted by Council: Date ��°� Adoption Certified by Council Secretary q9 -i�s Gity Council �o 1999 GREEN SHEET nwauo.e. No � ��7os Councilmember Harris 22 TOTAL # OF SIGNATURE PAGES on�un�r u� ancwca ❑ CIIYATIOlEY ❑ OIY4iM �� ❑ ww�o��aaxusow. ❑ wuwy��ro ❑ r�von�pe�tt�r,urt� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the City Council on August 25, 1999, denying the appeal of Ronald Hachey to a decision of the Planning Commission to grant a special condition use permit to allow for seven units in a cluster development at 0 Juliet Avenue, north of Palace Avenue and approximately 200 feet east of Lexington Parkway. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Tanetsncnox S SOURCE � rn� �� d �. a cono-aa raa: d�mmenn res ruo Hes ihie penoNfi�m ewr been a eRY emDbYK� VES NO Doec thic �saNfi'm 7�ese a sldll not riom��YP�� M' a�Y curteM cilY emPbYee? YE3 NO la tlus pemaNfmm a terpe[etl vendoR YES NO �lain a0 vea anav,e's on seoa2te sheet and aVach to areen shee[ COETIREVENUE BU06ETm IGRCI£ ONE� ACTMTY N111�ER �C��`�'�7 INFORMA710N (E]�IINI� CTT`Y OF SA1NT PAUL Norne Coleman, Mayor September 8, 1999 OFFICE OF THE CITY ATTORNEY �q �� S Cleryfon M Robinson, Jr., C�ry Atlorney Civil Division 400CityHa11 Telephone:651266-8770 ISWestKel[oggBlvd. F¢csimile:651298-5619 SairstPaul, Minttesota 55702 �eL;�ci? P�searv�} :��,ar Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paui, MN 55102 � a rr Re: Appeal of Ronald E. Hachey Zoning File No. 99-158 Council Action Date: August 25, 1999 Deaz Ms. Anderson: Attached please find the original signed resolution memorializing the decision of the Saint Paul City Council to deny the appeal of Judge Ronald E. Hachey in the above-entitled matter. Please place this matter on the Council's consent agenda at your earliest convenience. If you have any quesfions, piease don't hesitate to call. Very ly yours, _ ��/✓�� Peter W. Warner Assistant City Attorney PWW/rmb Enclosure DEPARI'MENT OF PLANNING & ECONOMIC DEVELOPMENT °1g • g� 5 S1 CTTY OF SAIIVT PAUL Norm Colemarz, Mayor August 16, 1999 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Divrsion af Plameing ZS WestFOUrth Street SaintPaLl, MN55102 Telephone: 612-2666565 Facsimile: 612-228-3314 �6if�3'4� �ESE.`a�i;;}: ��il��,° FiiftS � � �b�9 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday August 25, 1999 for the following appeal of a Planning Commission decision to grant a special condition use permit: Applicant: Ronald E. Hachey File Number: #99-218 Purpose: Appeal of a Planning Commission decision to grant a special condition use permit to allow for 7 units in a cluster development. Address: 0 7uliet Avenue north of Palace and approxnnately 200 feet east of Lexington Parkway. Legal Description See file. of Property: Previous Action: Planning Commission Recommendation: Approval, vote: Unanimous July 23, 1999 Zoning Committee Recommendation: Approval, vote: 5-0 July 15, 1999 My understanding is that this public hearing request will appear on the agenda for the August 25, 1999 City Council meeting and you wilt publish notice of the heazing in the Saint Paul Legal Ledger. Please call me at 266-6559 if you have any questions. S� cerely,�� 7ames � CiTy Planner cc: File #99-218 Paul Dubruiel Carol Martineau •FVtsrra�x• " � ;NOTiCE OF PI�BLi6 HEAR7N6 The Saint Paul City Council will rnnduct a public hearing on Wednesday, August 25. 1999, at 5:30 p,m. in the City Council Chambers. Third Fioor, City Hall- Courthouse, to consider the appeal of Ronald E. Hachey to a decision of the Planning Commission to�grant a special condition use permit to atlow for seven urtits in a cluster deve2opment at b Juliet Avenue noStK oY Palaoe Avenue and approximately 200 feet east of �Lexington Pazkway. .. -. Dated:August16.1999 NANCYANDERSON � - AssistantCityCounciiSecreYerq � _: - � _ (Aug. l$1, - _=====sxrnur.r,sc,u:i�ocEx==--=_ ° DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT • CTTY OF SAINT PAUL Norm Ca[eman, Mayor August 16, 1999 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #99-218 Ronald E. Hachey Division ofP[artnirzg 25 West Fourth Street Savit Paul, MN Si702 R�1- $'qS Te[ephone: 672-266-656� Facsimi[e: 612-228-3314 City Council Hearing: August 25, 1999, 530 p.m. to 630 p.m., City Council Chambers PURPOSE: Appeai a planning commission decision approving a special condition use permit for 7 units in a cluster development. PLANNING COMMISSiON RECOMMENDATION APPROVAL vote: Unanimous ZONING COMMITTEE RECOMMENDATION: APPROVAL vote: 5 in favor, 0 against. • STAFF RECOMMENDATION: APPROVAL SUPPORT: The Macalester Groveland Community Council supported the permit. OPPOSITION: Three residents spoke against the permit. Dear Ms. Anderson: � Ronald E. Hachey is appealing a Pfanning Commission decision to approve a special condition use permit at 0 Juliet north of Palace 200 feet east of Lexinton Parkway that would allow for the construction of 7 housing units in a cluster development. The Zoning Committee of the Planning Commission held a public hearing on the proposed special condition use permit on July 15, 1999. At the close of the public heazing, the committee voted 5-0 to recommend approval of the special condition use permit. On July 23, 1999 the Planning Commission upheld the Zoning Committee's recommendation on an unanimous vote. This appeal is scheduled to be heard by the CiTy Council on August 25, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Si erely, � %� ` � J � ,�^ �uu�r / � James �n City Planner cc City Council members i SAINT fwVi � IIAA� '�iq - 8'95 APPLICATION FOR APPEAL Departineirt oj P/anirina �nad Eco�ro»ric Dei�elopn:ei:t 7_onii:n Sectr�ir 1100 Citl Hall Anner 2i 13'est Faur(Ir Street Saiitt Paul, ,LLN 55102 266-6589 zorting o i ` u�(y_ �1i2 i10. eg�.� Fee �`—� d'� E� L_ Tentatiue hearing ciatQ �-� �� :e d�,{� � APPELLANT I Name_ �2��iu. (;( � /-� 4� i� �� -- Address r cr- s � City S�. n� u 1 St.M� Zip.i•.�oJ Daytime phone ��v- �7<<�z 2�e.� �si ) � `«' �9� PROPERTY Zoning File Name 6 T'h.-� !C r2f Z �i��feb�:✓ �' /o�„�� :r-r' LOCATION � Add�2SS/Locati0n l�c�y 1.liici�c(2 �.aS/ oS /�eFin vft>sr �Pfas�F �., i , TYPE OF APPEAL Appiication is hereby made for an appeal to the: = Board of Zoning Appeais C�, City Council under the provisions of Chapter 64, Section �L�=Paragraph �of the Zoning Code, to appeal a decision made by the Pl o�, .� ,n 4 �o rn`x /� s ioir on _ .TC[ (� Z 3 , 19 � �. File number: / �J � (date of decision) GROUNDS FOf2 APPEAL: 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 Pianning Commission. �S�c E �!ltC�c-�ti EcL Shc-.�Es Attach addifional sheet if 1- 3�'"�l ��1� 5'.3l ApplicanYs signature //;�nz�� r,� �/ctC'�..��L Date '�I''�/`1`'1 City agent� � `�-3� ��l � Two years ago this matter was heard by the community sub- committee, � planning commission, and finally, the city council. You recali that Mr. Kratz's appiication was turned down. The proposed development wasn't compatible with the surrounding neighborhood, since that time Mr. Kratz has re- applied for the same use permit. Nothing in the surrounded neighborhood has changed. Mr. Krafz has changed his plans to F�ave 5 units at the Juliet Avenue area, and 2 units at the Palace Avenue, 7 in all. Originalfy he planned to have 8 units, 2 buildings, 4 units in each. In addition, he changed the facede of each unit by instailing a gabie appearing structure. This year the commu�ity council and the planning commission find that the development is compatible with the adjoining neighborhood. It is di�culY to understand why, today, the devefopment is compatible. The same prob�ems wi11 exist: depressed market values, congestion, traffic, parking and etc. The neighborhood cannot understand the 180-degree finding of compatibility. And they won't go away. Second: another very important issue for your resolution is a matter of requirement of 80 feet improved street, adjacent to the proposed buildings. It has been an interesting disp�ay of ingenuity as to what occurred on Juliet Avenue. The straight- line measurement was 73 feet, 7 short of the required 80. To get to the 80 feet requirement, Juliet Avenue was curved to enter a driveway, thus obtaining the required 80 feet. This is something new- curving a street to enter a driveway in order to gain severa! additional feet, coufd open a Pandora's 8ox. if this "gimmick" will meet the zoning requiremenf of 80 feet, next we might possibiy • hear that certain people are using a rubber tape that might provide the additional required footage. This "ingenious" idea violates the spirit of the code and should not be tolerated. The Palace Avenue proposed building has no improved street, although the application refers to 16 feet of improved street. To get the required 80 feet the improved street would be required to use a part of a steep hill, which couldn't have any functional use. The Zoning Committee listed the Palace Avenue units as having 107+ feet of unimoroved street. Because of the hili, further street improvement"wouid end short of the required 80 feet. it is suggested that the Paface Avenue units can be inciuded in fhe Ju(ief 80 feet (1 parce( theory). This idea has no merit because there is no way to get to Juliet Avenue from the Palace Avenue units. This arises because of a hill between the Palace Avenue units and Juliet Avenue. Hence, Juliet Avenue is of no functional use to the Palace Avenue units. Thus, the Palace Avenue units are woefully short of an improved street as required. Conclusion I respectfully submit the cluster development doesn't belong where proposed, and shouidn't be permitted. First, it wiil depress, not improve the neighborhood. Second, the law shouldn't, and doesn't, permit qimmicks to get around the provision of existing codes. Third, Mr. Kratz, in order to make a beautiful profit on a cluster unit � development, is like trying to force a square pig into a round hole. The area is qq -w►s • idealiy suited for single family home development- not a crowded ciuster makeshift arrangement. Let's not let the almighty dollar be the king in this matter. Mr. Kratz paid a premium price to get the required 36,000 square feet, and now wants to be bailed out. He states that he cannot think about building single family dwellings because of the freeway. I wouid think the same wouid apply fo the cluster arrangement. What is the reaction in the neighborhood as to the 180-degree reversal of the findings of your commission of 2 years ago? it ranges from a small minority of citizens who are bitterly disappointed to a significant majority who are furious. Use your ordained authority and responsibility in fairness- not unfairness- with justice- not injustice. Decide the issues as you did just 2 years ago. Don't let the rights of good people be trampled. LeYs not allow the rights of people to become mere franchises, subject to the whims and fancies of those who don't care. Respectfully Submitted, . �ra�✓ P f�rz�� -c Judge Ronald E. Hachey, ret�d � r a The City Legislative Code for cluster homes calls for an "80 foot entrance on an improved street." ' Because there is a current city-administration "mandate" to put new housing on every vacant lot, this cluster home requisite was approved because the City staff allowed this developer to donate a portion of his property to lengthen the amount of curve in front of his property. . a There are no criteria for allowing this variance. Allowing the � city street to curve into the developer's property should have a set number of feet that the entrance can vary and that measuring stick should be applied to PvPrv s;tP n�an and PvPrv c3PVPl�nPr's �1nstPr homP dPSian_ If this curve allowance is allowed to stand -- a11 future such sites can ignore the 80-foot requisite. A developer could have two of the required 80 feet and design a curve fu11 of intr�,cate swirls which measure 78 feet (see illustration below) and have an approval o£ this item in the code. THE CODE IS THE CODE! Please correct this error and deny site p1an approval. � , �� '�'�� ? .� : .. ,� �, �' �f - , � C�=< r ,k , _ �-� � � �„_ _ __--. -- ,__ . � -- �_ v`" ��-��__1 - _ • � •�� ; �_ f � � �. , _- �,��.� 0 . 0 z • • . qq -8'9s � ciiy of saint paul planning commission resolution file number 99-44 date Jul 23 1999 �VHEREAS, John Iuatz has applied for a special condition use permit to aliow a cluster development of seven (7) dwellin� units on a site between Juliet and Palace Avenues approximately 200 feet east of Lexin�ton Parkway, Izgally described as (see file): and �VHEREAS, the Zonin� Committee of the Plannin� Commission on 7I15/99 held a public hearing at which all persons present �vere given an oppoRuniry to be heard pursuant to said application in accordance �vith the requirements of Section 64.300 of the Saint Paul Legislative Code; and `VHEREAS, Saint Paul Ptannin� Commission, based on the evidence presented to its Zonin� Committee at the public hearin� as substantially reflected in the minutes, made the following findin�s of fact: • I. The app(icant owns all of the property proposed for development. Seven dwelling units are proposed, one buildin� of five units and the second buildin� of two units. Each 1,714 square foot unit �vill have three bedrooms, a two car garage, and walk out basement. The sales price for each dwellin� unit wili be between $2�0,000 and $29Q000. 2. Section 60.413(13) of the zonin� code permits cluster developments subject to the followin� conditions: a. Tl:ere s/:al! be n rninimum of two (2) units. THis condition is met. Seven units are planned. b. The units skal! be attac{:ed, comtnon wall, single family, witlt no unit intruding orz the vertica! airspace of any otlzer urzit. moved by Field seconde� h� — � in �avor Unanimous agains� Zonin�File +991�3 Reso(u[ion Pa�e Two This condi[ion is met. The units are side-by-side, ��'ith no unit intruding on the verticat air space of any other unit. c. T/te parce! s/tal! meet U:e !ot area required per unit in the zoning district. This conditioe is met. The lot area is 36,672 square feet. This allo�vs seven dwelling units (�,000 square fezt of lot area is requirzd for each unit). d. Tlee parce! sfeal! have a tr:inin:un: frontage of eiglery (80) feet at an improved street. This condition is met based on the approved site plan. The property has frontage on rivo strezts: 80 feet of improved frontage on Juliet Avenue and 117.4 feet of unimproved fronta�e on Palace Avenue. u e. The structure s/ta!! can jorne to the scl:edrde ajreg�datim:s for height, lot coverage, setbacks and parkii:g. This condition is met. As proposed, the development meets the requirements for • height, lot covera�e, setbacks, and parkin� prescribed by the zonin� district. Since the lot is double fronted, 2� foot setbacks from both Jufiet and Palace are provided. In addition, a 2� foot rear setback from the east (I3�-E) proper[y line is provided. f. Tlre rlesign s1�a11 be compatible rvit/i the s�irroundirtg neighborhood. This condition is met. The immediate nei�hborhood is characterized by a variety of housing styles and sizes. There are one and two-story homes on Lexin�ton Parkw'ay. One block to the noRhwest is a to�vnhouse complex at Lexington and Jefferson. The house on the north side of Palace immediately to the �vest of the development site is a ne�ver full two story structure with a tuck under garage that is similar to the proposed to�a-nhouse design. g. Ltdividual lofs� buifdings, street mzd �arFiug areas s/:a1L be designed and situafed to rreinimize alteration ojUze nafurnl features and topograplry. This condi[ion is met. The development has been designed to minimize disruption to natural features and topo�raphy. In an attempt to preserve the existing topography, proposed developmenc at the northern portion of the site will be at an elevation that i� about 12 feet higher than the de��elopment at thz southem half. �9-�95 • Zoning File r991�8 Resolution Pa�e Three h. Appiicatioris for clitsfer developmerzt sfialt incktde site plans, inc(udirio Inndscapiri� med elevatiotes aiid otlter irtformation t/te planning co�nmission may request. This condition is met. The applicant submitted a site plan, landscape plan, and buildin� elevations alon� �vith a wTitten description detailing the spzcifics of the development. 3. Section 64.300(d) of thz zoning code requires that before the plannin� commission ma} orant approva( of a principal use subject to special conditions, the commission shall find that: a. Tfee ertent, tocation anrl ir:tensity of the use wil! be in substantin! compliance wiih tl�e Saint Paii! Con:pre%ei:sive Plart and m:y applicable si�barea plans which were approved by tlie city council. This condition is me[. The recently adopted citywide land use plan, under objectivz � �.3.1 states, "Each of the seventeen plannino districts in the city should have life c} cie housind, that is, a mi�ture of sing(e-family houses, townhouses, condominiums, apartments, and seniors housin�." Goals of the District 14 Plan state: 1) "to retain and impro�'e the residential quality of the community;" 2) "maintain the sin�(e family character of the district;" 3) "to meet the diverse housin� needs of residents;" and 4} "to provide a variety of housing types �rithin the district (apartment, condominiums, cooperatives) while retaining the sin�le-family character and residentiat quality of the distric[". b. Tlfe use will provide adequate in�ress and egress to minin:ize traffic congestion ir: tlte public streets. This condition ts met. Access to the north buildin� will be from Juiiet Aveaue. Access to the south buildin� will be from Palace Avenue. There �ti ill be a two-car �ara�e for each of the dwelling units. c. Tlie itse will not be defritnental to tlte existing cl:aracter of devetopment in the imnaediate �eig(iborhood or endan�er the pt�blic heald�, safety and genera! welfare. � This condition is met. The modest number of neti�� d�'ellin� units can be accommodated by existin� facilities and ser��ices provided by the city. Lexington Parkway currently carries about 19,000 vehicles near this location. Zoning File �+99158 Resolution Pa�e Four d. The use wil[ not impede the normal ar:d order[y deve[opment and improvement of the surrounding property for uses permitted in the district. This condition is met. The surrounding propedy is fully devetoped. The new housing will serve as a buffer between the interstate and single family homes to the west. e. T/te use sha!!, in al! ot&er respects, conform to tf�e applicable regulations ojthe disirict in rvhich it is located This condition is met. The proposed development meets all the conditions for cluster development in a R-4 district. iVofv Therefore, Be it Resolved, that the Saint Pau1 Planning Commission, based on findings 1, 2 and 3, approves the special condition use permit for seven dwelling units in a cluster development. � � • q9-r�s • MfNUTES OF THE ZONING COMMiTTEE Thursday, July 15, 1999 - 3:30 p.m. City Council Chambers, 3" Fioor City Hall and Court House 15 West Keilogg Boulevard � PRESENT: EXCUSED: OTHERS PRESENT: Field, Gervais, Kramer, Morton, and Nowlin Engh, Faricy, and Gordon Peter Warner, City Attorney Carol Martineau, Allan Torstenson, and Jim Zdon of PED The meeting was chaired by Commissioner Field. John Kratz - 99-158 - Special Condition Use Permit to allow a cluster development with seven (7) dwelling units. Jim Zdon showed slides and presented the staff report. Mr. Zdon stated the Zoning Staff recommends approval and the District Council is supporting the proposed development. He also stated one neighbor called opposing the development because of safety concerns and design compatibility issues. John Kratz, the applicant, appeared and stated he was a builder and developer for twenty years. The last five years he has specialized in the City sites. Mr. Kratz also explained the Juliet site is underused, and the high volume of traffic has made the area inappropriate for single family homes. He aiso expiained this is the second attempt to build town houses on this site. The first one met with neighborhood opposition. This plan addressed the concerns of the neighborhood and wiil be compatible with the neighborhood. The town house units should sell for approximate{y $275,060 a piece which will bting about 1.9 miflion dolfars to the tax base of the City. At the question of Commissioner Nowlin, Mr. Kratz stated that since 1993 he built approximately 8 single family homes in the City including the home on 1500 Summit Avenue. He also built approximately 140 town house units in the suburbs. Karen Tenter, 1083 Palace Avenue, appeared in opposition, Ms. Tenter felt Mr. Kratz's proposal did not meet ail the conditions required for a cluster development. According to Condition D there should be 80 feet of frontage on an improved street and this requirement is not met. Condition � states there should be compatibility with the surrounding neighborhood. Ms. Tenter also feit Condition F was not met. There is 73 feet of frontage on Juliet and Palace does not have improved frontage. • Judge Ronald Hachey, 1080 Palace Avenue, appeared in opposition and stated the 80 foot frontage requirement of the code is not met. The parcei does not have 80 feet of frontage because these is no improved street that gives any footage to the two units on the south side. The improved frontage is on Juliet Avenue which is severai hundred feet to the north. Zoning Committee Minutes July 19, 1999 File #: 99-128 Page 2 He also stated he believed the site is 7 feet short of the 80 feet requirement. Mr. Hachey also explained he believed the way they took the measurements to make the 80 feet requirement was illegal. He also stated the survey stakes that are in place now are inaccurate, and he would like an accurate survey. Mr. Hachey also stated the complex was not compatibie with the neighborhood because of parking problems, traffic, noise, and the market value of homes being reduced because of view obstruction. Alex Nosteson, 393 Lexington Avenue, stated he was concerned with the traffic conditions and the long term effect that it will have on people who want to move into the neighborhood. Mr. Kratz appeared and stated the entire parcei wili be repiated and as part of the replat, additional property will be dedicated to the City right-of-way creating the 80 foot frontage on Juliet Avenue. The hearing was closed. At the question of Commissioner Kramer, Mr. Kratz stated the 80 foot frontage applies to the five unit building. The two unit building is accessed from Palace Street which is an unimproved paper street. The developerwill have to make some improvements to the driveways and the str�ets. The site pian was approved by LIEP. Upon Question of Commissioner Nowlin, Mr. Kratz stated the parcels will have a minimum frontage of 80 feef on an improved streef. fn this case we have a parcel betwreen two streets and Juliet is an improved street and it does have 80 feet of frontage based on the approved site plan. After further discussion the hearing was closed. Commissioner Nowlin moved to approve the Special Condition Use Permit noting that Condition D is met based on an approved site plan. Commissioner Morton second it. Adopted Yeas - 5 Drafted by: (Y/ /' — � > 1M/� �/�L-F.L�IA.LMOl7A/Y Caroi Martineau Recording Secretary Nays - 0 Submitted by: ��✓I /�Yames Zdo'� �Zoning S�e ion Approved by: itton Field Chair i � C� q �t -�+s � C � J • ZONZNG COMMZTTEE STAFF AEPORT _____________________________ ___'____'__________'___'____' FILE #99-158 1. APPLICANT: JOHN KRATZ DATE OF FIEARING: 07/15/99 2. CLASSIFICATION: Special Condition Use 3. LOCATION: XXX JULIET AVENUE (West of I-35-E between Juliet & Palace) 4. PLANNING DISTRICT: 14 5. LEGAL DESCRIPTION: see file 6. PRESENT ZONING: R-4 ZONING CODE REFERENCE: §60.413(13) &§64.300(d) 7. STAFF INVESTIGATION AND REPORT: DATE: 07/8/99 BY: James Zdon 8. DATE RECEIVED: 06/11/99 DEADLINE FOR ACTION: 08/10/99 A. ai7RPOSE: Special condition use permit to a11ow a cluster development with seven (7) dwelling units. B. PaRCEL sizE: The irregular shaped development parcel wi11 have 80 feet of improved frontage on Juliet Avenue and 117.4 feet of unimproved frontage on Palace Avenue. The total lot area is 36,672 square feet. C. EXISTING LAND USE: The property is currently vacant. The development parcel is being assembled from vacant lots and remnant right-of-way from Interstate 35E construction. D. SIIRROUNDING LaND USS: The property is surrounded on the north, south, and west by single family homes and by Interstate 35E on the east. E. ZONING CODE CITATION: Sections 60.413(13) and 64.300(d) of the zoning code . __ _� _ __ _- __ _ – ____—___ –. . permit cluster developments subject to the conditions detailed in findings #2 and #3 of this report. F. HISTORY/DISCIISSION: In 1997 the planning commission denied the applicant's special condition use permit application (File 97-050) for a cluster development of eight dwelling units. The applicant appealed the decision to the City Council whicfi upheld the planning commission's decision. G. DISTRICT COIINCIL RECO�NDATION: To date no recommendation has been received £rom the Macalester-Groveland Community Council. H. FINDINGS: 1. The applicant owns all of the property proposed for development. Seven dwelling units are proposed, one building of five uniCS and the second building of two units-. Each 1,714 square foot unit wi11 have three bedrooms, a two car garage, and walk out basement. The sales price £or • each dwelling unit will be between $250,000 and $290,000. 2. Section 60.413(13) of the zoning code permits cluster developments subject to the following conditions: a. There shaZl be a mznimum of two (2) vnits. This condition is met. Seven units are planned. b. The units shall be attached, co�non wa12, single family, with no unit intruding on the vertica2 airspace of any other unit. This condition is met. The units are side-by-side, with no unit intruding on the vertical air space of any other unit. c. The parce2 sha1Z meet the lot area required per unit ia the zoning district. This condition is met. The lot area is 36,672 square feet. This allows seven dwelling units (5,000 square feet of 1ot area is required for each unit). d. The parcel sha1Z have a minimum frontage of eigkty (80) £eet on an improved street. This condition is met. The property has frontage on two streets: 80 . feet of improved frontage on Juliet Avenue and 117.4 feet of unimproved frontage on Palace Avenue. e. The structure sha11 coafozm to the schedule of regulations for height, 2ot coverage, setbacks and parking. This condition is met. As proposed, the development meets the requirements for height, lot coverage, setbacks, and parking prescribed by the zoning district. Since the lot is double fronted, 25 foot setbacks from both Juliet and Palace are provided. In __ addition, a 2S_foot_rear_setback from_the_east (I35-E)__property line is provided. f. The design shall be compatible with the surroundiag neighborhood. This condition is met, The immediate neighborhood is characterized by a variety of housing styles and sizes. There are one and two- story homes on Lexington Parkway. One block to the northwest is a towahouse complex at Lexington and Se£ferson. The house on the side of Palace immediately to the west of the development site is a newer full two story structure with a tuck under garage that is similar to the proposed townhouse design. g. Individual lots, bui2dings, street and parking areas shall be • designed and situated to minimize alteration of the natural features and topography. °l9 -P9S • This condition is met. The d=velopment has been designed to minimize disruption to natural features and topography. Zn an attempt to preserve the exist9.ng topography, pr000sed develo�ment at the northern portion of the site w•ill be at an elevation that is about 12 £ezt higher than the developnent at the southerr ha1f. h. Applications for cluster development shall include site pZans, including Iandscaping and elevations and other in£ormation the planning coaunission may request. This condition is met. The applicant submitted a site plan, landscape p1an, and building elevations along with a written description detailing the specifics of the develooment. 3. Section 64.300(d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission sha11 find that: a. The extent, location and intensity of the use will be in substantiaS compliance with the Saint Pau1 Comprehensive Plan and any applicable subarea p2ans which were approved by the city council. This condition is met. The recently adopted citywide land use plan, under objective 5.3.1 states, "Each of the seventeen planning . districts in the city should have life cycle housing, that is, a mixture of single-family houses, townhouses, condominiums, apartments, and seniors housing.^ Goals of the District 14 21an state: 1) "to retain and improve the residential quality of the community;" 2) "maintain the single family character of the district;" 3) "to meet the diverse housing needs of residents;" and 4) "to provide a variety of housing types within the district (apartment, condominiums, cooperatives) while retaining the single-family character and residential quality of the district". b. The use wiZl provide adequate ingress and egress to minimize traffic congestion in the pub2ic streets. This condition is met. Access to the north building wi11 be from Juliet Avenue. Access to the south building will be from Palace Avenue. There will be a two-car garage for each of the dwelling units. c. The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. The modest number of new dwelling units can • be accommodated by existing facilities and services provided by the city. Lexington Parkway currently carries about 19,000 vehicles near � this location. - d. The use wi21 not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the aistrict. This condition is met. The surrounding property is fu11y developed. The new housing wi11 serve as a buffer between the interstate and single £amily homes to the west. e. The use shall, in all other respects, conform to the applicable regsslations of the district in which it is Socated. This condition is met. The proposed development meets a11 the conditions for cluster development in a R-4 district. I. STAFF RECOMMENDATION: Based on findings 1 through 3 staf£ recommends approval of the special condition use permit for seven dwelling units in a cluster development. � � • :�� 5�1�NT swv� � AAA SPECIAL CONDITION USE PERMIT APPL1CATlON Saii: t Pau! Zonirrg OJf ce II00 City Ha11 Annex 25 T�es1 Fourth Street Saint,Paul,lbSA'SSIO2 266-G589 °lq- r9s APPLICANT Name John Kratz Address 1424 Edgcu. Road City St. Paul St, rtDi ZiP 55116 Daytima phone 651-690-5360 Name of ownzr (if different} PROPERTY Addre55/Location West frontaRe of 35E betc:een Juliet & Palace LOCAIfOi� Legal description: Lots 17 & 18 & parts of Lots 1-6 IIlock 19, Ridgewood Park Addition Cuffent Zoning R (attach additional sheet if necessaryl �� TYPc OF PERMIT: Application is hereby made under the provisions of Chapter Section 60.413 , Paragraph 13 of the Zoning Code for a: fl Special Condition Use Permit Corridor Conditional Permit p Modification of River Corridor Standards SUPPORTING INFORMATION: supply the information tha; is appiicable to your type of permit (actach additional sheets if necessaryl e SPECIAI CONDITION USE: Explain how the use wili meet each of the speciai conditions. e RIVER CORRIDOR CONDITIONAL USE: Describe hov+ the use will mee; the app!icable conditions. o MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. ---- Please see attached. • �K21 SC7 ��o= site Applicant's sign Date � �� City agent , �-Il-al The special conditions required in Para�raph 13 for cluster developments are met by this � use as follows: a. The seven units proposed exceed the minimum (two) required. b. The units are attached, common wall, single family, with no unit intrudin� on the veRicai airspace of any other unit. c. The site is zoned R-4, «hich requires a minimum lot of 5,000 square feet. The proposed plat contains 36,671 square feet, allowin� the seven units proposed. d. The site is a through lot, frontin� on both Palace and Juliet Avenues. The 118-foot frontage on Palace tirzll be unimproved except for private driveways to a tvro-unit structure. The proposed plat has an 80-foot frontage on Juliet Avenue. e. This structure �vilt conform to the 30-foot ma�cimum building height. The lot co�•era�e, at 24%, is less than the 30% maximum allowable. No accessory buildin�s are proposed. Setbacks are maintained. Each unit has four parl:ing spaces, two in each attached garage and two in front of each garage. f. The "surroundin� nei�hborhood" is a mixture of many design styles. 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I,� � � � - P ALAC E J ., ' I f —p - i; — �;� ,,o o;�o:o o.o o�o� �__. ;� —o I__ k. ; � ;i i . i i � ,� ° - � -: � - o � ,. � �� ° � ao'o o �;; a o ��! o �, ° ' �—f � ..y�_� i � � ` � n� �IAi'��S ' >;� o . , . � �,� o �" .,=r,�-� i . � � 0;,��Q�G n O G O O O 7 U O OIO �srac;+csaasz� : t�� 'i 1 1l [q�' Y.K+'c�a 6: f i� �fY.O � �! �� 4Z� � � • • `� ""' n � � � ��. � �� ...� .. � O� �/f\'IViV V U �L- V �_ � � --- v �� ---� O O � _� Y �� . �� : � '�. �d3 � � k � �—.--:_ � , s ,� . ;—' _ �.�-• �� 0 0 0 � �o - _ _ � o � � o�o / , .. 9 �A � 1 � � � � � �c � ° f� �� - - - �� • A � � � s ��•�-:��r* ��.y _ ' ' ir'` •a,_ 'c" • ! • i �y � Y,htv. P�LICF,NT. U=�POSE_�1�,� }��°' i f r g I�E t'�� - DATE +f� l� °� L�.G. �,4S7- � �� hSAP-#: _i"" � � '�' �-�s-•a".�:.��::�93's ... . LEGE�;O e-�..n�.n zoning district boundary i� subj2d proper�y n o 0 onefamily - -- - - ¢ f:o (amily �-� Q multipL 18mi1y • x ^ comm��c��: } ..,... i dust �:' V v2CZr„ . , , � ., � -�--- r--� ORIGlNAL Council File # �9 ' p"i GreenSheet# f�� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date tia 2 WFIEI2EAS, John Kratz, in Zoning File No. 99-158, made appiication to the Saint Paul 3 Plamiing Commission (Planning Commission) pursuant to the provisions of the Saint Paul 4 Zoning Code for a Special Condition Use Pernut to allow a cluster development of seven 5 residential dwelling units for property located at � Juliet Avenue, commonly known as that 6 vacant parcel west of I-35E between Juliet and Palace, City of Saint Paul, and legally described 7 as Lots 17 and 18 and parts of Lots 1- 6, Block 19, Ridgewood Pazk Addition; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the Zoning Committee of the Planning Commission conducted a public hearing on July 15, 1999 after having provided notice to affected property owners, and thereafter submitted its recommendation to the full Planning Commission. The Planning Commission, by its resolution No. 99-44, dated July 23, 1999, determined to grant the application based upon the following findings and conclusions as set forth therein: The applicant owns all of the properiy proposed for development. Seven dwelling units are proposed, one building of five units and the second building of two units. Each 1,714 square foot unit wiil have three bedrooms, a two car garage, and walk out basement. The sales price for each dwelling unit will be between $250,600 and $290,000. 2. Section 60.413(13) of the zoning code pernuts cluster developments subject to the following conditions: a. There shall be a minimum of two (2) units. This condition is met. Seven units are planned. b. The units shall be attached, eommon wall, single fahzily, with no unit intruding on the vertical airspace of any other unit. This condition is met. The units are side-by-side, with no unit intruding on the vertical air space of any other unit. c. The parcel shall meet the lot area required per unit in the zoning tlistrict. This condition is met. The lot azea is 36,672 square feet. This allows seven dwelling units (5,000 square feet of lot area is required for each unit). � q9 -i'95 2 d The parcel shall have a minimum frontage of eighty (80) feet on an improved 3 street 4 This condition is met based on the approved site plan. The property has frontage on two streets: 80 feet of isnproved frontage on Juliet Avenue and 117.4 feet of uiuinproved frontage on Palace Avenue. e. The structure sha11 conform to the schedule of regu[ations for height, lot coverage, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 setbacks and parking. This condition is met. As proposed, the development meets the requirements for height, lot coverage, setbacks, and parking prescribed by the zoning district. Since the lot is double fronted, 25 foot setbacks from both Juliet and Palace aze provided. In addition, a 25 foot reaz setback from the east (I35-E) properry line is provided. f. The design shall be eompatible with the surrounding neighborhood This condition is met. The immediate neighborhood is characterized by a variety of housing styles and sizes. There aze one and two-story homes on Lexington Parkway. One block to the northwest is a townhouse complex at Lexington and Jefferson. The house on the north side of Palace immediately to the west of the development site is a newer full two story structure with a tuck under gazage that is similaz to the proposed townhouse design. g. Individuul lots, buildings, street and parking areas shall be designed and situated to minimize alteration of the �zatural features and topography. This condition is met. The development has been designed to minimize disruption to natural features and topography. In an attempt to preserve the existing topography, proposed development at the northern portion of the site will be at an elevation that is about 12 feet higher than the development at the southem half. h. Applications for cluster development shall inc[ude site plans, including landscapang and elevations and other information the planning commission may requesb This condifion is met. The applicant submitted a site plan, landscape plan, and building elevations along with a written description detailing the specifics of the development. 3. Section 64300(d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city counciL Page 2 of 4 a9 - $95 2 This condition is met. The recently adopted citywide land use plan, under objective 3 5.31 states, "Each of the seventeen plamiing districts in the city should have life cycle 4 housing, that is, a mixiure of single-family houses, townhouses, condominiums, 5 apartments, and seniors housing." 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Goals of the District 14 Plan state: 1) "to retain and improve the residential quality of the community;" 2) "maintain the single family chazacter of the distdct;" 3) "to meet the diverse housing needs of residents;" and 4) "to provide a variety of housing types within the disirict (apartinent, condominiums, cooperatives) while retaining the single-family chazacter and residential quality of the distdct". b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. Access to the north building will be from Juliet Avenue. Access to the south building will be from Palace Avenue. There will be a two-car garage for each of the dwelling units. c. The use wi[I not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. The modest number of new dwelling units can be accommodated by existing facilities and services provided by the city. Lexington Parkway currently carries about 19,000 vehicles near this location. d. The use will not impede the normal and orderly deve[opment and improvement of the surrounding property for uses permitted in the district This condition is met. The surrounding property is fully developed. The new housing will serve as a buffer between the interstate and single family homes to the west. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is ZocaZed. This condition is met. The proposed development meets all the conditions for cluster development in a R-4 district. WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Ronald E. Hachey duly filed an appeal from the determination made by the Planning Commission and requested that a hearing be held before the Saint Paul City Council for the purpose of considering the actions taken by the Planning Commission; and WHEItEAS, acting pursuant to Saint Paul Legisiative Code §§ 64.206 - 64.208, and upon notice to affected parties, a public hearing was duly conducted by the City Council on August 25, 1999, where all interested parties were given an opportunity to be heazd; and Page 3 of 4 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 q°t -�95 WHEREAS, the City Council, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Plauning Commission does hereby; RESOLVE, that the City Council does hereby af£nn the decision of the Saint Paul Plaimiug Commission in this matter based upon the following findings of the Council: The City Council finds no error in any fact, finding, or procedure on the part of the Plaiming Commission. The City Council affirms the issuance of the Special Condition Use Permit and adopts, as its own, the findings and detemunations of the Plauning Coxnxnission as contained in Platming Commission resolution No. 99-44, dated July 23, 1999; AND BE IT FURTHER RESOLVED, that the appeal of Ronald E. Hachey be and is hereby derued; AND BE IT FINALLY RESOLVED, that the City Clerk shali mail a copy of this resolution to John Kratz, Ronald E. Hachey, the Zoning Administrator and the Planning Commission. ORIGINAI. Requested by Department of: ay: Apps By: By: Form Appr d by City Attorney BY: ��orw �l-6=97 Approved by Mayor for Submission to Council By: Adopted by Council: Date ��°� Adoption Certified by Council Secretary q9 -i�s Gity Council �o 1999 GREEN SHEET nwauo.e. No � ��7os Councilmember Harris 22 TOTAL # OF SIGNATURE PAGES on�un�r u� ancwca ❑ CIIYATIOlEY ❑ OIY4iM �� ❑ ww�o��aaxusow. ❑ wuwy��ro ❑ r�von�pe�tt�r,urt� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the City Council on August 25, 1999, denying the appeal of Ronald Hachey to a decision of the Planning Commission to grant a special condition use permit to allow for seven units in a cluster development at 0 Juliet Avenue, north of Palace Avenue and approximately 200 feet east of Lexington Parkway. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Tanetsncnox S SOURCE � rn� �� d �. a cono-aa raa: d�mmenn res ruo Hes ihie penoNfi�m ewr been a eRY emDbYK� VES NO Doec thic �saNfi'm 7�ese a sldll not riom��YP�� M' a�Y curteM cilY emPbYee? YE3 NO la tlus pemaNfmm a terpe[etl vendoR YES NO �lain a0 vea anav,e's on seoa2te sheet and aVach to areen shee[ COETIREVENUE BU06ETm IGRCI£ ONE� ACTMTY N111�ER �C��`�'�7 INFORMA710N (E]�IINI� CTT`Y OF SA1NT PAUL Norne Coleman, Mayor September 8, 1999 OFFICE OF THE CITY ATTORNEY �q �� S Cleryfon M Robinson, Jr., C�ry Atlorney Civil Division 400CityHa11 Telephone:651266-8770 ISWestKel[oggBlvd. F¢csimile:651298-5619 SairstPaul, Minttesota 55702 �eL;�ci? P�searv�} :��,ar Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paui, MN 55102 � a rr Re: Appeal of Ronald E. Hachey Zoning File No. 99-158 Council Action Date: August 25, 1999 Deaz Ms. Anderson: Attached please find the original signed resolution memorializing the decision of the Saint Paul City Council to deny the appeal of Judge Ronald E. Hachey in the above-entitled matter. Please place this matter on the Council's consent agenda at your earliest convenience. If you have any quesfions, piease don't hesitate to call. Very ly yours, _ ��/✓�� Peter W. Warner Assistant City Attorney PWW/rmb Enclosure DEPARI'MENT OF PLANNING & ECONOMIC DEVELOPMENT °1g • g� 5 S1 CTTY OF SAIIVT PAUL Norm Colemarz, Mayor August 16, 1999 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Divrsion af Plameing ZS WestFOUrth Street SaintPaLl, MN55102 Telephone: 612-2666565 Facsimile: 612-228-3314 �6if�3'4� �ESE.`a�i;;}: ��il��,° FiiftS � � �b�9 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday August 25, 1999 for the following appeal of a Planning Commission decision to grant a special condition use permit: Applicant: Ronald E. Hachey File Number: #99-218 Purpose: Appeal of a Planning Commission decision to grant a special condition use permit to allow for 7 units in a cluster development. Address: 0 7uliet Avenue north of Palace and approxnnately 200 feet east of Lexington Parkway. Legal Description See file. of Property: Previous Action: Planning Commission Recommendation: Approval, vote: Unanimous July 23, 1999 Zoning Committee Recommendation: Approval, vote: 5-0 July 15, 1999 My understanding is that this public hearing request will appear on the agenda for the August 25, 1999 City Council meeting and you wilt publish notice of the heazing in the Saint Paul Legal Ledger. Please call me at 266-6559 if you have any questions. S� cerely,�� 7ames � CiTy Planner cc: File #99-218 Paul Dubruiel Carol Martineau •FVtsrra�x• " � ;NOTiCE OF PI�BLi6 HEAR7N6 The Saint Paul City Council will rnnduct a public hearing on Wednesday, August 25. 1999, at 5:30 p,m. in the City Council Chambers. Third Fioor, City Hall- Courthouse, to consider the appeal of Ronald E. Hachey to a decision of the Planning Commission to�grant a special condition use permit to atlow for seven urtits in a cluster deve2opment at b Juliet Avenue noStK oY Palaoe Avenue and approximately 200 feet east of �Lexington Pazkway. .. -. Dated:August16.1999 NANCYANDERSON � - AssistantCityCounciiSecreYerq � _: - � _ (Aug. l$1, - _=====sxrnur.r,sc,u:i�ocEx==--=_ ° DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT • CTTY OF SAINT PAUL Norm Ca[eman, Mayor August 16, 1999 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #99-218 Ronald E. Hachey Division ofP[artnirzg 25 West Fourth Street Savit Paul, MN Si702 R�1- $'qS Te[ephone: 672-266-656� Facsimi[e: 612-228-3314 City Council Hearing: August 25, 1999, 530 p.m. to 630 p.m., City Council Chambers PURPOSE: Appeai a planning commission decision approving a special condition use permit for 7 units in a cluster development. PLANNING COMMISSiON RECOMMENDATION APPROVAL vote: Unanimous ZONING COMMITTEE RECOMMENDATION: APPROVAL vote: 5 in favor, 0 against. • STAFF RECOMMENDATION: APPROVAL SUPPORT: The Macalester Groveland Community Council supported the permit. OPPOSITION: Three residents spoke against the permit. Dear Ms. Anderson: � Ronald E. Hachey is appealing a Pfanning Commission decision to approve a special condition use permit at 0 Juliet north of Palace 200 feet east of Lexinton Parkway that would allow for the construction of 7 housing units in a cluster development. The Zoning Committee of the Planning Commission held a public hearing on the proposed special condition use permit on July 15, 1999. At the close of the public heazing, the committee voted 5-0 to recommend approval of the special condition use permit. On July 23, 1999 the Planning Commission upheld the Zoning Committee's recommendation on an unanimous vote. This appeal is scheduled to be heard by the CiTy Council on August 25, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Si erely, � %� ` � J � ,�^ �uu�r / � James �n City Planner cc City Council members i SAINT fwVi � IIAA� '�iq - 8'95 APPLICATION FOR APPEAL Departineirt oj P/anirina �nad Eco�ro»ric Dei�elopn:ei:t 7_onii:n Sectr�ir 1100 Citl Hall Anner 2i 13'est Faur(Ir Street Saiitt Paul, ,LLN 55102 266-6589 zorting o i ` u�(y_ �1i2 i10. eg�.� Fee �`—� d'� E� L_ Tentatiue hearing ciatQ �-� �� :e d�,{� � APPELLANT I Name_ �2��iu. (;( � /-� 4� i� �� -- Address r cr- s � City S�. n� u 1 St.M� Zip.i•.�oJ Daytime phone ��v- �7<<�z 2�e.� �si ) � `«' �9� PROPERTY Zoning File Name 6 T'h.-� !C r2f Z �i��feb�:✓ �' /o�„�� :r-r' LOCATION � Add�2SS/Locati0n l�c�y 1.liici�c(2 �.aS/ oS /�eFin vft>sr �Pfas�F �., i , TYPE OF APPEAL Appiication is hereby made for an appeal to the: = Board of Zoning Appeais C�, City Council under the provisions of Chapter 64, Section �L�=Paragraph �of the Zoning Code, to appeal a decision made by the Pl o�, .� ,n 4 �o rn`x /� s ioir on _ .TC[ (� Z 3 , 19 � �. File number: / �J � (date of decision) GROUNDS FOf2 APPEAL: 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 Pianning Commission. �S�c E �!ltC�c-�ti EcL Shc-.�Es Attach addifional sheet if 1- 3�'"�l ��1� 5'.3l ApplicanYs signature //;�nz�� r,� �/ctC'�..��L Date '�I''�/`1`'1 City agent� � `�-3� ��l � Two years ago this matter was heard by the community sub- committee, � planning commission, and finally, the city council. You recali that Mr. Kratz's appiication was turned down. The proposed development wasn't compatible with the surrounding neighborhood, since that time Mr. Kratz has re- applied for the same use permit. Nothing in the surrounded neighborhood has changed. Mr. Krafz has changed his plans to F�ave 5 units at the Juliet Avenue area, and 2 units at the Palace Avenue, 7 in all. Originalfy he planned to have 8 units, 2 buildings, 4 units in each. In addition, he changed the facede of each unit by instailing a gabie appearing structure. This year the commu�ity council and the planning commission find that the development is compatible with the adjoining neighborhood. It is di�culY to understand why, today, the devefopment is compatible. The same prob�ems wi11 exist: depressed market values, congestion, traffic, parking and etc. The neighborhood cannot understand the 180-degree finding of compatibility. And they won't go away. Second: another very important issue for your resolution is a matter of requirement of 80 feet improved street, adjacent to the proposed buildings. It has been an interesting disp�ay of ingenuity as to what occurred on Juliet Avenue. The straight- line measurement was 73 feet, 7 short of the required 80. To get to the 80 feet requirement, Juliet Avenue was curved to enter a driveway, thus obtaining the required 80 feet. This is something new- curving a street to enter a driveway in order to gain severa! additional feet, coufd open a Pandora's 8ox. if this "gimmick" will meet the zoning requiremenf of 80 feet, next we might possibiy • hear that certain people are using a rubber tape that might provide the additional required footage. This "ingenious" idea violates the spirit of the code and should not be tolerated. The Palace Avenue proposed building has no improved street, although the application refers to 16 feet of improved street. To get the required 80 feet the improved street would be required to use a part of a steep hill, which couldn't have any functional use. The Zoning Committee listed the Palace Avenue units as having 107+ feet of unimoroved street. Because of the hili, further street improvement"wouid end short of the required 80 feet. it is suggested that the Paface Avenue units can be inciuded in fhe Ju(ief 80 feet (1 parce( theory). This idea has no merit because there is no way to get to Juliet Avenue from the Palace Avenue units. This arises because of a hill between the Palace Avenue units and Juliet Avenue. Hence, Juliet Avenue is of no functional use to the Palace Avenue units. Thus, the Palace Avenue units are woefully short of an improved street as required. Conclusion I respectfully submit the cluster development doesn't belong where proposed, and shouidn't be permitted. First, it wiil depress, not improve the neighborhood. Second, the law shouldn't, and doesn't, permit qimmicks to get around the provision of existing codes. Third, Mr. Kratz, in order to make a beautiful profit on a cluster unit � development, is like trying to force a square pig into a round hole. The area is qq -w►s • idealiy suited for single family home development- not a crowded ciuster makeshift arrangement. Let's not let the almighty dollar be the king in this matter. Mr. Kratz paid a premium price to get the required 36,000 square feet, and now wants to be bailed out. He states that he cannot think about building single family dwellings because of the freeway. I wouid think the same wouid apply fo the cluster arrangement. What is the reaction in the neighborhood as to the 180-degree reversal of the findings of your commission of 2 years ago? it ranges from a small minority of citizens who are bitterly disappointed to a significant majority who are furious. Use your ordained authority and responsibility in fairness- not unfairness- with justice- not injustice. Decide the issues as you did just 2 years ago. Don't let the rights of good people be trampled. LeYs not allow the rights of people to become mere franchises, subject to the whims and fancies of those who don't care. Respectfully Submitted, . �ra�✓ P f�rz�� -c Judge Ronald E. Hachey, ret�d � r a The City Legislative Code for cluster homes calls for an "80 foot entrance on an improved street." ' Because there is a current city-administration "mandate" to put new housing on every vacant lot, this cluster home requisite was approved because the City staff allowed this developer to donate a portion of his property to lengthen the amount of curve in front of his property. . a There are no criteria for allowing this variance. Allowing the � city street to curve into the developer's property should have a set number of feet that the entrance can vary and that measuring stick should be applied to PvPrv s;tP n�an and PvPrv c3PVPl�nPr's �1nstPr homP dPSian_ If this curve allowance is allowed to stand -- a11 future such sites can ignore the 80-foot requisite. A developer could have two of the required 80 feet and design a curve fu11 of intr�,cate swirls which measure 78 feet (see illustration below) and have an approval o£ this item in the code. THE CODE IS THE CODE! Please correct this error and deny site p1an approval. � , �� '�'�� ? .� : .. ,� �, �' �f - , � C�=< r ,k , _ �-� � � �„_ _ __--. -- ,__ . � -- �_ v`" ��-��__1 - _ • � •�� ; �_ f � � �. , _- �,��.� 0 . 0 z • • . qq -8'9s � ciiy of saint paul planning commission resolution file number 99-44 date Jul 23 1999 �VHEREAS, John Iuatz has applied for a special condition use permit to aliow a cluster development of seven (7) dwellin� units on a site between Juliet and Palace Avenues approximately 200 feet east of Lexin�ton Parkway, Izgally described as (see file): and �VHEREAS, the Zonin� Committee of the Plannin� Commission on 7I15/99 held a public hearing at which all persons present �vere given an oppoRuniry to be heard pursuant to said application in accordance �vith the requirements of Section 64.300 of the Saint Paul Legislative Code; and `VHEREAS, Saint Paul Ptannin� Commission, based on the evidence presented to its Zonin� Committee at the public hearin� as substantially reflected in the minutes, made the following findin�s of fact: • I. The app(icant owns all of the property proposed for development. Seven dwelling units are proposed, one buildin� of five units and the second buildin� of two units. Each 1,714 square foot unit �vill have three bedrooms, a two car garage, and walk out basement. The sales price for each dwellin� unit wili be between $2�0,000 and $29Q000. 2. Section 60.413(13) of the zonin� code permits cluster developments subject to the followin� conditions: a. Tl:ere s/:al! be n rninimum of two (2) units. THis condition is met. Seven units are planned. b. The units skal! be attac{:ed, comtnon wall, single family, witlt no unit intruding orz the vertica! airspace of any otlzer urzit. moved by Field seconde� h� — � in �avor Unanimous agains� Zonin�File +991�3 Reso(u[ion Pa�e Two This condi[ion is met. The units are side-by-side, ��'ith no unit intruding on the verticat air space of any other unit. c. T/te parce! s/tal! meet U:e !ot area required per unit in the zoning district. This conditioe is met. The lot area is 36,672 square feet. This allo�vs seven dwelling units (�,000 square fezt of lot area is requirzd for each unit). d. Tlee parce! sfeal! have a tr:inin:un: frontage of eiglery (80) feet at an improved street. This condition is met based on the approved site plan. The property has frontage on rivo strezts: 80 feet of improved frontage on Juliet Avenue and 117.4 feet of unimproved fronta�e on Palace Avenue. u e. The structure s/ta!! can jorne to the scl:edrde ajreg�datim:s for height, lot coverage, setbacks and parkii:g. This condition is met. As proposed, the development meets the requirements for • height, lot covera�e, setbacks, and parkin� prescribed by the zonin� district. Since the lot is double fronted, 2� foot setbacks from both Jufiet and Palace are provided. In addition, a 2� foot rear setback from the east (I3�-E) proper[y line is provided. f. Tlre rlesign s1�a11 be compatible rvit/i the s�irroundirtg neighborhood. This condition is met. The immediate nei�hborhood is characterized by a variety of housing styles and sizes. There are one and two-story homes on Lexin�ton Parkw'ay. One block to the noRhwest is a to�vnhouse complex at Lexington and Jefferson. The house on the north side of Palace immediately to the �vest of the development site is a ne�ver full two story structure with a tuck under garage that is similar to the proposed to�a-nhouse design. g. Ltdividual lofs� buifdings, street mzd �arFiug areas s/:a1L be designed and situafed to rreinimize alteration ojUze nafurnl features and topograplry. This condi[ion is met. The development has been designed to minimize disruption to natural features and topo�raphy. In an attempt to preserve the existing topography, proposed developmenc at the northern portion of the site will be at an elevation that i� about 12 feet higher than the de��elopment at thz southem half. �9-�95 • Zoning File r991�8 Resolution Pa�e Three h. Appiicatioris for clitsfer developmerzt sfialt incktde site plans, inc(udirio Inndscapiri� med elevatiotes aiid otlter irtformation t/te planning co�nmission may request. This condition is met. The applicant submitted a site plan, landscape plan, and buildin� elevations alon� �vith a wTitten description detailing the spzcifics of the development. 3. Section 64.300(d) of thz zoning code requires that before the plannin� commission ma} orant approva( of a principal use subject to special conditions, the commission shall find that: a. Tfee ertent, tocation anrl ir:tensity of the use wil! be in substantin! compliance wiih tl�e Saint Paii! Con:pre%ei:sive Plart and m:y applicable si�barea plans which were approved by tlie city council. This condition is me[. The recently adopted citywide land use plan, under objectivz � �.3.1 states, "Each of the seventeen plannino districts in the city should have life c} cie housind, that is, a mi�ture of sing(e-family houses, townhouses, condominiums, apartments, and seniors housin�." Goals of the District 14 Plan state: 1) "to retain and impro�'e the residential quality of the community;" 2) "maintain the sin�(e family character of the district;" 3) "to meet the diverse housin� needs of residents;" and 4} "to provide a variety of housing types �rithin the district (apartment, condominiums, cooperatives) while retaining the sin�le-family character and residentiat quality of the distric[". b. Tlfe use will provide adequate in�ress and egress to minin:ize traffic congestion ir: tlte public streets. This condition ts met. Access to the north buildin� will be from Juiiet Aveaue. Access to the south buildin� will be from Palace Avenue. There �ti ill be a two-car �ara�e for each of the dwelling units. c. Tlie itse will not be defritnental to tlte existing cl:aracter of devetopment in the imnaediate �eig(iborhood or endan�er the pt�blic heald�, safety and genera! welfare. � This condition is met. The modest number of neti�� d�'ellin� units can be accommodated by existin� facilities and ser��ices provided by the city. Lexington Parkway currently carries about 19,000 vehicles near this location. Zoning File �+99158 Resolution Pa�e Four d. The use wil[ not impede the normal ar:d order[y deve[opment and improvement of the surrounding property for uses permitted in the district. This condition is met. The surrounding propedy is fully devetoped. The new housing will serve as a buffer between the interstate and single family homes to the west. e. T/te use sha!!, in al! ot&er respects, conform to tf�e applicable regulations ojthe disirict in rvhich it is located This condition is met. The proposed development meets all the conditions for cluster development in a R-4 district. iVofv Therefore, Be it Resolved, that the Saint Pau1 Planning Commission, based on findings 1, 2 and 3, approves the special condition use permit for seven dwelling units in a cluster development. � � • q9-r�s • MfNUTES OF THE ZONING COMMiTTEE Thursday, July 15, 1999 - 3:30 p.m. City Council Chambers, 3" Fioor City Hall and Court House 15 West Keilogg Boulevard � PRESENT: EXCUSED: OTHERS PRESENT: Field, Gervais, Kramer, Morton, and Nowlin Engh, Faricy, and Gordon Peter Warner, City Attorney Carol Martineau, Allan Torstenson, and Jim Zdon of PED The meeting was chaired by Commissioner Field. John Kratz - 99-158 - Special Condition Use Permit to allow a cluster development with seven (7) dwelling units. Jim Zdon showed slides and presented the staff report. Mr. Zdon stated the Zoning Staff recommends approval and the District Council is supporting the proposed development. He also stated one neighbor called opposing the development because of safety concerns and design compatibility issues. John Kratz, the applicant, appeared and stated he was a builder and developer for twenty years. The last five years he has specialized in the City sites. Mr. Kratz also explained the Juliet site is underused, and the high volume of traffic has made the area inappropriate for single family homes. He aiso expiained this is the second attempt to build town houses on this site. The first one met with neighborhood opposition. This plan addressed the concerns of the neighborhood and wiil be compatible with the neighborhood. The town house units should sell for approximate{y $275,060 a piece which will bting about 1.9 miflion dolfars to the tax base of the City. At the question of Commissioner Nowlin, Mr. Kratz stated that since 1993 he built approximately 8 single family homes in the City including the home on 1500 Summit Avenue. He also built approximately 140 town house units in the suburbs. Karen Tenter, 1083 Palace Avenue, appeared in opposition, Ms. Tenter felt Mr. Kratz's proposal did not meet ail the conditions required for a cluster development. According to Condition D there should be 80 feet of frontage on an improved street and this requirement is not met. Condition � states there should be compatibility with the surrounding neighborhood. Ms. Tenter also feit Condition F was not met. There is 73 feet of frontage on Juliet and Palace does not have improved frontage. • Judge Ronald Hachey, 1080 Palace Avenue, appeared in opposition and stated the 80 foot frontage requirement of the code is not met. The parcei does not have 80 feet of frontage because these is no improved street that gives any footage to the two units on the south side. The improved frontage is on Juliet Avenue which is severai hundred feet to the north. Zoning Committee Minutes July 19, 1999 File #: 99-128 Page 2 He also stated he believed the site is 7 feet short of the 80 feet requirement. Mr. Hachey also explained he believed the way they took the measurements to make the 80 feet requirement was illegal. He also stated the survey stakes that are in place now are inaccurate, and he would like an accurate survey. Mr. Hachey also stated the complex was not compatibie with the neighborhood because of parking problems, traffic, noise, and the market value of homes being reduced because of view obstruction. Alex Nosteson, 393 Lexington Avenue, stated he was concerned with the traffic conditions and the long term effect that it will have on people who want to move into the neighborhood. Mr. Kratz appeared and stated the entire parcei wili be repiated and as part of the replat, additional property will be dedicated to the City right-of-way creating the 80 foot frontage on Juliet Avenue. The hearing was closed. At the question of Commissioner Kramer, Mr. Kratz stated the 80 foot frontage applies to the five unit building. The two unit building is accessed from Palace Street which is an unimproved paper street. The developerwill have to make some improvements to the driveways and the str�ets. The site pian was approved by LIEP. Upon Question of Commissioner Nowlin, Mr. Kratz stated the parcels will have a minimum frontage of 80 feef on an improved streef. fn this case we have a parcel betwreen two streets and Juliet is an improved street and it does have 80 feet of frontage based on the approved site plan. After further discussion the hearing was closed. Commissioner Nowlin moved to approve the Special Condition Use Permit noting that Condition D is met based on an approved site plan. Commissioner Morton second it. Adopted Yeas - 5 Drafted by: (Y/ /' — � > 1M/� �/�L-F.L�IA.LMOl7A/Y Caroi Martineau Recording Secretary Nays - 0 Submitted by: ��✓I /�Yames Zdo'� �Zoning S�e ion Approved by: itton Field Chair i � C� q �t -�+s � C � J • ZONZNG COMMZTTEE STAFF AEPORT _____________________________ ___'____'__________'___'____' FILE #99-158 1. APPLICANT: JOHN KRATZ DATE OF FIEARING: 07/15/99 2. CLASSIFICATION: Special Condition Use 3. LOCATION: XXX JULIET AVENUE (West of I-35-E between Juliet & Palace) 4. PLANNING DISTRICT: 14 5. LEGAL DESCRIPTION: see file 6. PRESENT ZONING: R-4 ZONING CODE REFERENCE: §60.413(13) &§64.300(d) 7. STAFF INVESTIGATION AND REPORT: DATE: 07/8/99 BY: James Zdon 8. DATE RECEIVED: 06/11/99 DEADLINE FOR ACTION: 08/10/99 A. ai7RPOSE: Special condition use permit to a11ow a cluster development with seven (7) dwelling units. B. PaRCEL sizE: The irregular shaped development parcel wi11 have 80 feet of improved frontage on Juliet Avenue and 117.4 feet of unimproved frontage on Palace Avenue. The total lot area is 36,672 square feet. C. EXISTING LAND USE: The property is currently vacant. The development parcel is being assembled from vacant lots and remnant right-of-way from Interstate 35E construction. D. SIIRROUNDING LaND USS: The property is surrounded on the north, south, and west by single family homes and by Interstate 35E on the east. E. ZONING CODE CITATION: Sections 60.413(13) and 64.300(d) of the zoning code . __ _� _ __ _- __ _ – ____—___ –. . permit cluster developments subject to the conditions detailed in findings #2 and #3 of this report. F. HISTORY/DISCIISSION: In 1997 the planning commission denied the applicant's special condition use permit application (File 97-050) for a cluster development of eight dwelling units. The applicant appealed the decision to the City Council whicfi upheld the planning commission's decision. G. DISTRICT COIINCIL RECO�NDATION: To date no recommendation has been received £rom the Macalester-Groveland Community Council. H. FINDINGS: 1. The applicant owns all of the property proposed for development. Seven dwelling units are proposed, one building of five uniCS and the second building of two units-. Each 1,714 square foot unit wi11 have three bedrooms, a two car garage, and walk out basement. The sales price £or • each dwelling unit will be between $250,000 and $290,000. 2. Section 60.413(13) of the zoning code permits cluster developments subject to the following conditions: a. There shaZl be a mznimum of two (2) vnits. This condition is met. Seven units are planned. b. The units shall be attached, co�non wa12, single family, with no unit intruding on the vertica2 airspace of any other unit. This condition is met. The units are side-by-side, with no unit intruding on the vertical air space of any other unit. c. The parce2 sha1Z meet the lot area required per unit ia the zoning district. This condition is met. The lot area is 36,672 square feet. This allows seven dwelling units (5,000 square feet of 1ot area is required for each unit). d. The parcel sha1Z have a minimum frontage of eigkty (80) £eet on an improved street. This condition is met. The property has frontage on two streets: 80 . feet of improved frontage on Juliet Avenue and 117.4 feet of unimproved frontage on Palace Avenue. e. The structure sha11 coafozm to the schedule of regulations for height, 2ot coverage, setbacks and parking. This condition is met. As proposed, the development meets the requirements for height, lot coverage, setbacks, and parking prescribed by the zoning district. Since the lot is double fronted, 25 foot setbacks from both Juliet and Palace are provided. In __ addition, a 2S_foot_rear_setback from_the_east (I35-E)__property line is provided. f. The design shall be compatible with the surroundiag neighborhood. This condition is met, The immediate neighborhood is characterized by a variety of housing styles and sizes. There are one and two- story homes on Lexington Parkway. One block to the northwest is a towahouse complex at Lexington and Se£ferson. The house on the side of Palace immediately to the west of the development site is a newer full two story structure with a tuck under garage that is similar to the proposed townhouse design. g. Individual lots, bui2dings, street and parking areas shall be • designed and situated to minimize alteration of the natural features and topography. °l9 -P9S • This condition is met. The d=velopment has been designed to minimize disruption to natural features and topography. Zn an attempt to preserve the exist9.ng topography, pr000sed develo�ment at the northern portion of the site w•ill be at an elevation that is about 12 £ezt higher than the developnent at the southerr ha1f. h. Applications for cluster development shall include site pZans, including Iandscaping and elevations and other in£ormation the planning coaunission may request. This condition is met. The applicant submitted a site plan, landscape p1an, and building elevations along with a written description detailing the specifics of the develooment. 3. Section 64.300(d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission sha11 find that: a. The extent, location and intensity of the use will be in substantiaS compliance with the Saint Pau1 Comprehensive Plan and any applicable subarea p2ans which were approved by the city council. This condition is met. The recently adopted citywide land use plan, under objective 5.3.1 states, "Each of the seventeen planning . districts in the city should have life cycle housing, that is, a mixture of single-family houses, townhouses, condominiums, apartments, and seniors housing.^ Goals of the District 14 21an state: 1) "to retain and improve the residential quality of the community;" 2) "maintain the single family character of the district;" 3) "to meet the diverse housing needs of residents;" and 4) "to provide a variety of housing types within the district (apartment, condominiums, cooperatives) while retaining the single-family character and residential quality of the district". b. The use wiZl provide adequate ingress and egress to minimize traffic congestion in the pub2ic streets. This condition is met. Access to the north building wi11 be from Juliet Avenue. Access to the south building will be from Palace Avenue. There will be a two-car garage for each of the dwelling units. c. The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. The modest number of new dwelling units can • be accommodated by existing facilities and services provided by the city. Lexington Parkway currently carries about 19,000 vehicles near � this location. - d. The use wi21 not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the aistrict. This condition is met. The surrounding property is fu11y developed. The new housing wi11 serve as a buffer between the interstate and single £amily homes to the west. e. The use shall, in all other respects, conform to the applicable regsslations of the district in which it is Socated. This condition is met. The proposed development meets a11 the conditions for cluster development in a R-4 district. I. STAFF RECOMMENDATION: Based on findings 1 through 3 staf£ recommends approval of the special condition use permit for seven dwelling units in a cluster development. � � • :�� 5�1�NT swv� � AAA SPECIAL CONDITION USE PERMIT APPL1CATlON Saii: t Pau! Zonirrg OJf ce II00 City Ha11 Annex 25 T�es1 Fourth Street Saint,Paul,lbSA'SSIO2 266-G589 °lq- r9s APPLICANT Name John Kratz Address 1424 Edgcu. Road City St. Paul St, rtDi ZiP 55116 Daytima phone 651-690-5360 Name of ownzr (if different} PROPERTY Addre55/Location West frontaRe of 35E betc:een Juliet & Palace LOCAIfOi� Legal description: Lots 17 & 18 & parts of Lots 1-6 IIlock 19, Ridgewood Park Addition Cuffent Zoning R (attach additional sheet if necessaryl �� TYPc OF PERMIT: Application is hereby made under the provisions of Chapter Section 60.413 , Paragraph 13 of the Zoning Code for a: fl Special Condition Use Permit Corridor Conditional Permit p Modification of River Corridor Standards SUPPORTING INFORMATION: supply the information tha; is appiicable to your type of permit (actach additional sheets if necessaryl e SPECIAI CONDITION USE: Explain how the use wili meet each of the speciai conditions. e RIVER CORRIDOR CONDITIONAL USE: Describe hov+ the use will mee; the app!icable conditions. o MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. ---- Please see attached. • �K21 SC7 ��o= site Applicant's sign Date � �� City agent , �-Il-al The special conditions required in Para�raph 13 for cluster developments are met by this � use as follows: a. The seven units proposed exceed the minimum (two) required. b. The units are attached, common wall, single family, with no unit intrudin� on the veRicai airspace of any other unit. c. The site is zoned R-4, «hich requires a minimum lot of 5,000 square feet. The proposed plat contains 36,671 square feet, allowin� the seven units proposed. d. The site is a through lot, frontin� on both Palace and Juliet Avenues. The 118-foot frontage on Palace tirzll be unimproved except for private driveways to a tvro-unit structure. The proposed plat has an 80-foot frontage on Juliet Avenue. e. This structure �vilt conform to the 30-foot ma�cimum building height. The lot co�•era�e, at 24%, is less than the 30% maximum allowable. No accessory buildin�s are proposed. Setbacks are maintained. Each unit has four parl:ing spaces, two in each attached garage and two in front of each garage. f. The "surroundin� nei�hborhood" is a mixture of many design styles. 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