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84-982 .LERK �C E Council , l ORTMENT GITY OF SAINT PAUL File NO. ��t" I�� C n il Resolution Pres..�ted By Referr o Committee: Date Out of Committee By Date WHEREAS, V. K. Arrigoni, Inc. , owner of property at 255 Summit Avenue, Saint Paul, Minnesota, desires to operate a community resi- dential facility for 26 chemically dependent persons at this address; and WHEREAS, The subject property is zoned RT-2 Townhouse Residential District, which zoning classification permits the use as a community residential facility serving seven or more facility residents subject to compliance with the following special conditions : (a) It shall not be located in a two-family dwelling unless the community residential facility occupi�s the entire structure. _ `, \. (b) It does not serve more than 16 facility residents except that structures designed or newly built specifically for greater capacity may allow a greater number provided that all other conditions of special condition use are met. (c) The minimum lot size for community residential facilities is that prescribed for a one-family dwelling plus 300 square feet for each facility resident over and above six residents. In addition, community residential facilities serving more than 16 residents shall meet the requirements for height, yard setback, and maximum percent of lot occupied by main building set forth in Chapter 61, subject to the provisions of Section 64 .300, Subdivision 4. (d) A minimum distance of 1,320 feet will be required between zoning lots used for community residential facilities, excluding foster homes. COUNCILMEN Requested by Department of: Yeas Nays Fletcher o`e`" In Favor Masanz Nicosia scnetbe� __ Against BY Tedesco Wilson Adopted by Council: Date Form App ed by City ttorne Certified Yassed by Council Secretary BY By, t�pproved by 17avor: Date _ Approv by Mayor Submission to Council By _ BY � �� (e) There shall be one off-street parking space for every two facility residents. (f) Permission for special condition use applies to the community residential facility only as long as licensing, purpose, size 'or location do not change. WHEREAS, The owner made application to the Planning Commission for approval ot a special condition use permit so as to use the subject property as a community residential facility; and WHEREAS, The subject property does not satisfy the conditions contained in the zaning cade which provides that a distance of 1,320 feet is required between zoning lots used for community residential facilities, excluding foster homes, and therefore petitioned the Planning Commission to grant a modification of this distance require- ment; and WHEREAS, The subject property is located within 1,320 feet of four other community residential facilities, to-wit: 1) Door of Hope, 341 Dayton Avenue, a community- residential facility �or 18 residents , located 1110 feet from the subject property. 2) Guild Hall, 286 Marshall Avenue, a community residential facility for 85 residents, Iocated 770 feet from the subject property. 3) Juvenile Horizons, 34i Dayton Avenue, a com- munity residential facility for 17 residents, located 960 feet from the subject property. 4) Hoikka House, 238 �leasant Avenue, a community residential facility for 117 residents, located 800 feet from the subject property. -2- . (%�- �'`��°2 WHEREAS, The Plann.ing Commission, pursuant to Section 64.300, Subd. 4 of the Legislative Code, a�ter public hearing, may modify any or all special conditions upon a finding made by the Commission that strict application of such special conditions would unreason- ably limit or prevent otherwise la.wful use of a piece of property or an existing structure and would result in exceptional undue hardship to the owner of the property or structure; and provided that such modification would not impair the intent and purpose of such special condition and ,is consistent with health, morals and general welfare of the coanmunity and is consistent with reasonable enjoyment of adjacent property; and WHEREAS, The �lanning Commi.ssion, acting by means of its Zoning Committee, conducted a public hearing on the application for special condition use permit and modification of the 1320 feet distance requirements on September 1, 1983 at which time the applicant and its representatives were given an opportunity to be heard, other persons appeared both in support and in opposition thereto, and the staff 's report was presented and considered; and WHEREAS, The Zoning Committee further considered the matter at its meetings on September 15, 1983 and October 6, 1983, and for the following stated reasons recommended that the Planning Com- mission deny the request for modification and, therefore, also deny the special condition use permit: 1) Applicant has established a community res:idential faci.lity for chemically dependent adults on this site. 2) According to records of the Division of Housing and Building Code Enforcement, applicant originally proposed using the building as a four-family dwell- in� and not as a residential group home (community residential facility) . � 3) The building was never issued a certificate of occu- pancy. Such a certificate is required of three and four unit structures, but not duplexes. The zoning status of the structure appears to be duplex. _3� . �!= �'E1-g�'.� 4) There are four community residential facilities within 1,320 feet of the site: Door of Hope (18 residents) , Guild Hall (85 residents) , Juvenile Horizons (17 residents) , and Hoikka House (117 residents) . The fourth condition requires modifi- cation. 5) To modify this condition the Planning Commission must make findings specified in Section 64.300, Subd. 4. 6) Applicant has submitted an appraisal stating that the "highest and best use" of the property is one "demanding large numbers o� occupants such as halfway house, fraternity house, institutional housing, etc. " The report also assumes that the structure is legally noncon�orming as a rooming and boarding house, which does not appear to be the case. 7) Without modification, the structure could be used for four dwelling units with a total of 18 rooms . The structure was originally a two-family dwelling; therefore, strict application of the condition would not appear to unreasonably limit law�ul use or result in exceptional undue hardship. 8) It appears that any hardship incurred may have been created by the applicant since the nature of the proposed use has been unclear for four years. 9) The intent of the condition is to prevent concentrations of these kinds of facilities. Applicant states that the other facilities are in separate neighborhoods. Except for Hoikka House, which is separated from the site by a bluff and I-35E right-of-way, there are no physical or topographical barriers between 255-259 Summit and the other facilities on Dayton and Marshall. It appears that the condition cannot be modified with- out impairing the intent and purpose of the condition. -4- • �� ,�y-�,�� WHEREAS, The Planning Commission at its regular meeting on October 7, 1983 adopted the findings of its Zoning Committee, denied the request for modification o� the special condition use permit, and denied the special condition use permit; and WHEREAS, V. K. Arrigoni, Inc. filed an appeal from the decision of the Planning Commission, asking the City Council to overrule the Planning Commission on the following grounds: 1) (Error in procedure) No right to be heard at the Planning Commission. 2) (Error in findings) (a) The stated basis of motion to deny (staff findings l-3 and 7-12) are incorrect and without factual support; (b) the Planning Com- mission made no findings to support the denial of the Special Use Permit; (c) the facts establish adequate basis for granting the Special Use Permit; (d) the minutes of the Planning Commission meeting failed to set forth a rational and legal basis for denial of the Special Use Permit. The denial of the Special Use �ermit is arbitrary, unreasonable and unconstitutional. WHEREAS, Upon notice duly provided to appellant and other affected property owners, a public hearing was conductec� upon said appeal by the City Council on Thursday, July 5, 1984 where all interested parties were given an opportunity to be heard; and WHEREAS, The Council, having heard the statements made, and having considered the application, the actions of the Planning Commission, the report of staff, the zninutes and findings of the Zoning Committee and Planning Commission, does hereby . RESOLVE, Based on the following findings and conclusions hereby found and determined by the Council, the appeal of V. K. Arrigoni, Inc. is hereby denied, and the decision of the Planning Commission to not modify the special conditions imposed by the Zoning Code is hereby affirined: -5- . t�� 9�� 1) The use of the subject property as a community residential facility for more than seden residents is a permitted use a�n the RT-2 zoning district sub- ject to compliance with specifisd special conditions. 2) Applicant's proposed use meets all special conditions except for the requirement that it not be within 1320 feet of another community residential facility. 3) The subject property is located within 1320 feet of four other community residential facilities. 4) The 1320 feet minimum spacing requirement for com- munity residential facilities was imposed as a part of the Zoning Code so as to prevent a proliferation of such land uses within any area or section of the commun i ty. 5) Appellant may use the property for other lawful and permitted uses, including the use of the property as a four-unit dwelling, the use which Appellant had expressed in 1979 as her intended use thereof. 6) Appellant has not presented evidence to convince the City Council that modification of the minimum spacing requirement for comznunity residential facilities will not impair the intent and purpose of the special condition, nor will be consistent with reasonable enjoyment of adjacent properties. 7) The Planning Commission and 2oning Committee did not commit any error of fact, procedure or findings. -6- WHITE - CITV CLERK PINK r FINANCE G I TY O F SA I NT PA U L Council //�� // /�/► CANARY T DEPARTMENT y[1�.�� BLUE - MAVOR File NO. a � . � � � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date FURTHER RESOLVED, That the City Clerk shall mail a copy of this resolution to V. K. Arrigoni, Inc. (Appellant) , the Zoning Administrator, Planning Commission and Board of Zoning Appeals. -7- COU[VCILMEN Requested by Department of: Yeas �� Nays � Drew In Favor Masanz Nicosia schetbel __ Against BY ' T�— Wilson � Adopted by Council: Date JUL � 9 �I9F�E Form Approve y City Attor ey Certifie ssed by ncil retar � BY By, /Approved 1�lavor• Da _ — � 2 5 i �F APProved by ayor for Submission to Council By - BY PUBLfSHEO AU G 41984 � �� z I.AW OFFICES OF DONALD M.JARDINE Q CAROL A. HOOTEN JERRE F. LOGAN tl923-1983) JARDINE, LOG��AN W O'BRIEN GEORGE W. KUEHNER JOHN R. O'BRIEN* "`a ARLEN R. LOGREN 1350 NORTHERN;F�DERAL B'J��G GRAHAM HEIKES �+? r BRIAN N. JOHNSON GERALD M. LINNIHAN• WABASHA AT 67H THOMAS J. LINNIHAN ALAN R.VANASEK ST. PAUL, MIN ES��A S��OS� �+�+-� F��'•� MARY A. RICE JOHN M. KENNEDY, JR.• I��p � � �,� f�}1! JAMES A.JARDINE (612) 2 7�U601 EUGENE J. FLICK* �IC�'Q JOHN C. DUNLAP CNARLES E. GILLIM �U�Y ��l�`+"-��`�`��"� �1�r�� PATRICIA J. SKOGLUND ,i JAMES J. GALMAN• �j'�" s':•.�.'.;��t �"'"I;'?i'i. SEAN E. HADE PIERRE N. REGNIER •ADMITTED TO MARK A. FONKEN* PRACTICE IN WISCONSIN GREGORY G. HEACOX The City Council of the City of Saint Paul c/o City Clerk 2nd Floor, City Hall Saint Paul , MN 55102 RE: V. K. Arrigoni, Inc. 255 Summit Avenue File No. : MH 11 ,275 Dear Honorable Members of the City Council : On Friday, July 13 , 1984 , I was advised that the City Council will be considering a resolution denying the appeal of V. K. Arrigoni , Inc. for a special condition use permit at 255 Summit Avenue. On Friday, July 13 , 1984 , I received a copy of a proposed City Council Resolution to be considered at that time. I have been advised that the hearing on this matter is scheduled for Thurs�ay, July 19 , 1984 . Because of other commitments I am unable to be present at the City Council meeting when that matter is to be considered. I do not wish to have my absence be considered as a waiver of our right to object to this Council resolution in the form as drafted. I do not intend to reargue the position taken on behalf of V. K. Arrigoni , Inc. , which you allowed me to present at the public hearing on July 5 , 1984 . I do wish, however, to have this letter made part of the record and I do submit to you the following: 1. We do contend that the ordinance restricting the use of such a facility in this zoning district is unconstitutional both on its face and as applied in this instance. 2 . We believe that V. K. Arrigoni , Inc. has been given unequal treatment and thus deprived of its constitutional right. We believe these other facilities have been allowed to exist either by having a determination they are not a com- munity residential facility, or if they are community resi- dential facility they are invalidly authorized. To allow the other facilities to operate within 1320 feet and not allow V. K. Arrigoni , Inc. to operate is a denial of constitutional rights to Arrigoni . , (RETURN TO JEROME SEGAL AFTER ADOPTION) WHITE - CITV CIERK � PINK - FINANCE COUIICI� CANqRV - DEPARTMENT GITY OF SAINT PAUL File NO. � �� BIUE - MAVOR � . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, V. K. Arrigoni, Inc. , owner of property at 255 Summit Avenue, Saint Paul., Minnesota, desires to operate a community resi- dential facility for 26 chemically dependent persons at this address; and WHEREAS, The subject property is zoned RT-2 Townhouse Residential District, which zoning classification permits the use as a community residential facility serving seven or more facility residents subject to compliance with the following special conditions: (a) It shall not be located in a two-family dwelling unless the community residential facility occupies the entire structure. (b) It does not serve more than 16 facility residents except that structures designed or newly built specifically for greater capacity may allow a greater number provided that all other conditions of special condition use are met. (c) The minimum lot size for �ommunity residential facilities is that prescribed for a one-family dwelling plus 300 square feet for each faeility resident over and above six residents. In addition, community residential facilities serving more than i6 residents shall meet the requirements for height, yard setback, and maximum percent of lot occupied by main building set forth in Chapter 61, subject to the provisions of Section 64 ,300, Subdivision 4. (d) A minimum distance of 1,320 feet will be required between zoning lots used for community residential � facilities , excluding foster homes. COUNCILMEN Requested by Depactment of: Yeas Nays Fletcher °reN' [n Favor � Masenz . Nicosia scneibei Against BY Tedesco Wiison Form Approved by City Attorney Adopted by Council: Date Certified Passed by Counc.il Secretary BY ss� Approved by 'Navor: Date _ Approved by Mayor Eor Submission to Council � . � �� q�� (e) There shall be one off-street parking space for every two facility residents. (f) Permission for special condition use applies to the community residential facility only as long as licensing, purpose, size or location do not . change. WHEREAS, The owner made application to the Planning Commission � for approval of a special condition use permit so as to use the subject property as a community residential facility; and WHEREAS, The subject property does not satisfy the conditions contained in the zoning code which provides that a distance of 1,320 feet is required between zoning lots used for community residential facilities, excluding foster homes, and therefore petitioned the Planning Commission to grant a modification of this distance require- ment; and WHEREAS, The subject property is located within 1, 320 feet of four other •c��ununity residential facilities , to-wit: � 1) Door of Hope, 341 Dayton Avenue, a community- residential facility for 18 residents , located 1110 feet from the subject property. 2) Guild Hall, 286 Marshall Avenue, a community residemtial facility for 85 residents, located � 770 feet from the subject property. 3) Juvenile Horizons, 341 Dayton Avenue, a com- munity residential facility for 17 residents, located 960 feet from the subject property. 4) Hoikka House, 238 Pleasant Avenue, a community residential facility for 117 residents , located 800 feet from the subject property. -2- -- � � � �y�� WHEREAS, The Planning Commission, pursuant to Section 64.300 , Subd. 4 of the Legislative Code, after public hearing, may modify any or all special conditions upon a finding made by the Commission that strict application of such special conditions would unreason- ably limit or prevent otherwise lawful use of a piece of property or an existing structure and would result in exceptional undue hardship to the owner of the property or structure; and provided that such modification would not impair the intent and purpose of such special condition and is consistent with health, morals and general welfare of the community and is consistent with reasonable enjoyment of adjacent property; and WHEREAS, The Planning Commission, acting by means of its Zoning Committee, conducted a p�blic hearing on the application for special condition use perinit and modification of the 1320 feet distance requirements on September 1, 1983 at which time the applicant and its representatives were given an opportunity to be heard, other persons appeared both in support and in opposition thereto, and the staff ' s report was presented and considered; and WHEREA�-, The Zoning Committee further considered the matter at its meetings on September 15 , 1983 and October 5, 1983, and for the following stated reasons recommended that the Planning Com- mission deny the request for modification and, therefore, also deny the special condition use permit: 1) Applicant has established a community residential facility for chemically dependent adults on this site. 2) According to records of the Division of Aousing and Building Code Enforcement, applicant originally proposed using the building as a four-family dwell- ing and not as a residential group home (community residential facility) . � 3) The building was never issued a certificate of occu- pancy. Such a certificate is required of three and . four unit structures, but not duplexes. The zoning status of the structure appears to be duplex. -3- . � � �� 9�z 4) There are four community residential facilities within 1, 320 feet of the site: Door of Hope (18 residents) , Guild Hall (85 residents) , Juvenile Horizons (17 residents) , and Hoikka House (117 residents) . The fourth condition requires ,modifi- cation. 5) To modify this condition the Planning Commission must make findings specified in Section 64 . 300, . � Subd. 4 . 6) Applicant has submitted an appraisal stating that the "highest and best use" of the property is one "demanding large numbers of occupants such as halfway ' house, fraternity house, institutional housing, etc. " The report also assumes that the structure is legally nonconforming as a rooming and boarding house, which does not appear to be the case. 7) Without modification, the structure could be used for fo�- dwelling units with a total of 18 rooms . The structure was originally a two-family dwelling; therefore, strict application of the condition would not appear to unreasonably limit lawful use' or result in exceptional undue hardship. 8) It appears that any hardship incurred may have been created by the applicant since the nature of the proposed use has been unclear for four years. 9) The intent of the condition is to prevent concentrations of these kinds of facilities. Applicant states that the other facilities are in separate neighborhoods. Except for Hoikka House,� which is separated from the site by a bluff and I-35E right-of-way, there are no physical or topographical barriers between 255-259 Summit and the other facilities on Dayton and Marshall. It appears that the condition cannot be modified with- out impairing the intent and purpose of the condition. -4- : • �� WHEREAS, The Planning Commission at its regular meeting on October 7 , 1983 adopted the findings of its Zoninq Committee, denied the request for modification of the special condition use permit, and denied the special condition use permit; and WHEREAS, V. K. Arrigoni, Inc. filed an appeal from the decision of the Planning Commission, asking the City Council to overrule the Planning Commission on the following grounds : 1) (Error in procedure) No right to be heard at the Planning Commission. 2) (Error in findings) (a) The stated basis of motion to deny (staff findings 1-3 and 7-12) are incorrect and without factual support; (b) the Planning Com- mission made no findings to support the denial of the Special Use Permit; (c) the facts establish adequate basis for granting the Special Use Permit; (d) the minutes of the Planning Commission meeting failed to set forth a rational and legal basis for denial. of the Special Use Permit. The denial of the �Special Use Permit is arbitrary, unreasonable and unconstitutional. WHEREAS, Upon notice duly provided to appellant and other affected property owners, a public hearing was conducted upon said appeal by the City Council on Thursday, July 5, 1984 where all interested parties were given an opportunity to be heard; and WHEREAS , The Council, having heard the statements made, and having considered the application, the actions of the Planning Commission, the report of staff, the minutes and findings of the Zoning Committee and Planning Commission, does hereby RESnLVE, Based on the following findings and conclusions hereby found and determined by the Council, the appeal of V. K. Arrigoni, Inc. is hereby denied, and the decision of the Planning Commission to not modify the special conditions imposed by the Zoning Code is hereby affirmed: -5- . � ' � . ��y 9�� 1) The use of the subject property as a community residential facility for more than seden residents is a permitted use in the RT-2 zoning district sub- ject to compliance with specified special conditions. 2) Applicant' s proposed use meets all sp�ecial conditions except for the requirement that it not be within 1320 feet of another community residential facility. . 3) . The subject property is located within 1320 feet of four other community residential facilities. 4) The 1320 feet minimum spacing requirement for com- munity residential facilities was imposed as a part of the Zoning Code so as to prevent a proliferation of such land uses within any area or section of the c ommun i ty. 5) Appellant may use the property for other lawful and permitted uses, including the use of the property as a .fgur-unit dwelling, the use which Appellar�t had expressed in 1979 as her intended use thereof. 6) Appellant has not presented evidence to convince the City Council that modification of the minimum spacing requirement for community residential facilities will not impair the intent and purpose of the special condition, nor will be consistent with reasonable . enjoyment of adjacent properties. 7) The Planning Commission and Zoning Committee did not commit any error of fact, procedure or findings. -6- -- . � �'4M�TE - �ITY CIEHK PINK - FINAN�E COUIICII (� CANARY - DEPARTMENT � G I TY O F SA I NT PAU L X BLUE - MAVOR File NO.--. �y__ /J� � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date FURTHER RESOLVED, That the City Clerk shall mail a copy of this resolution to V, K. Arrigoni, Inc. (Appellant) , the Zoning Administrator, Planning Commission and Board of �oning Appeals, -7- .� COUNCILMEN Yeas Na�,s Requested by Department of: Fletcher � °reW [n Favor Masanz Nicosia scne�be� Against BY ' Tedesco Wilson Adopted by Council: Date Form Approved by City Attorney Certified Yassed by Cuuncil Secretary By B� Approved by :Navor: Date Approved by Mayoc for Submission to Council •� L� I�y�� . ` JULY, 1984 � • Yeas Nays FLE'i'(��R' �—\ �ASANZ J ��os�, �CHEIBEL '�LILS ON MR. PRESIDENT TEDESCO T�\ 1 � � I (,�►..� �y-��'�. , , ♦ a 1 � . ��°'�Y °P�r CITY OF SAINT PAUL o � � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � °ni jt°i ha DIVISION OF PLANNING � 25 West fourth Street,Saint Paul,Minnesota,55102 �86� 6/2-292-1577 GEORGE LATIMER MAYOR June 28, 1984 Albert Olson, City Clerk Room 386 City Hall St. Paul , Minnesota 55102 RE: Zoning File #9428 - Arrigoni City Council Hearing: December 15, 1983 PURPOSE: Appeal of Planning Commission decision to deny modification and Special Condition Use Permit for a community residential facility for 26 chem- ically dependent adults at 255-259 Summit Avenue. PLANNING COMMISSION DECISION: Deny (15-0) ZONING COMMITTEE DECISION: Deny (7-0) STAFF RECOMMENDATION: Deny SUPPORT: District 8; 5 letters, petition with 11 signatures; 4 persons testified. OPPOSITION: Ramsey Hill Association; 9 letters; form letters from 62 persons; 7 persons testified. Dear Sir: On September 1 , 1983, the Zoning Committee of the Planning Commission held a public hearing on this request for a Special Condition Use Permit to operate a community residential facility for 26 chemically dependent persons with modification of the re- quirement that there be 1 ,320 feet between facilities. A staff report recommending denial was presented. This recommendation was based on findings that there was no physical or topographical basis for modifying the distance requirement and that since the distance requirement was not met, the permit should be denied. Four persons testified in support of granting the permit. The applicant based the request for modification on these grounds: (1 ) the existing facility is not a nuisance; (2) the other facilities are in a different neighborhood and there is no contact between the facilities; (3) the distance should be measured by "travel dis- tance" and from door-to-door, not between zoning lots as the Zoning Code requires; and (4) that the distance requirement should only apply to facilities of the same type. Seven persons testified in opposition. Their opposition was based on the precedent modifying the distance requirement would set. They testified that the distance re- quirement was necessary in that area to ensure the residential character of the neighborhood and that many of them had worked with local and state officials to establish the 1 ,320 foot requirement. , � � � . . . . . ��y �� Zoning File #9428 - Arrigoni At the close of the hearing, the matter was laid over until September 15. It was subsequently laid over again until October 6 at the applicant's request. On October 6, the Zoning Committee reviewed the case and voted 7 to 0 to deny the permit. On October 7, the Planning Commission upheld that decision on a vote of 15 to 0. On October 27, 1983, V. K. Arrigoni , Inc. filed an appeal of the Planning Commission decision on the following grounds: (1 ) The Planning Commission committed a procedural error in not holding a public hearing before the full Commission; (2) The findings on which the denial was based are incorrect; (3) The Planning Commission made no findings of fact to support the denial ; (4) The facts support approval of the permit; and (5) The Planning Commission minutes do not set forth a proper basis for denial . A public hearing was scheduled before the City Council for December 15, 1983. Appellant withdrew her appeal prior to the hearing but after notices were mailed to property owners. On April 11 , 1984, the City Council authorized appellant to reinstate her appeal of the permit denial . Since April 11 , the state legislature has enacted Chapter 617 of Laws of Minnesota, 1984, which defines planning districts that have a population in residential facili- ties for seven or more persons that exceeds one-half of one percent of the district's population as "highly concentrated" , and which directs counties to come up with a plan to disperse facilities in these districts that are closer than 1 ,320 feet to one another. In addition, the law directs that no new facilities be located in these planning dis�ricts. District 8 has a population of 15,799 according to 1980 Census figures. This would permit a population in facilities for seven or more persons of 79. According to Planning Division records, there are currently 312 people in facil- ities for seven or more. District 8 thus meets the definition of highly concentrated. This appeal is scheduled to be heard on July 5, 1984. Please notify me by July 3 if any City Council member wishes to have slides of the site presented at the public hearing. Sincerely, ,__,- Patricia James City Planner PJ/bq . .� . ,� . . . , . �� - LA14' OFFICES OF CAROL A. HOOTEN DONALD M. JARDINE Q� JERRE F. LOGAN (1923-1963) J A R D I N E, L 0 G A N W O' B R I E N GEORGE W. KUEHNER JOHN R. O'BRIEN• ARIEN R. LOGREN 1350 NORTHERN FEDERAL BUILDING . gR1AN N. JOHNSON GRAHAM HEIKES GERALD M. LINNIHAN WABASHA AT 6TM THOMAS J. LINNIHAN ALAN R. VANASEK ST. PAUL, MIN,�'ESOTA 55102 MARY A. RICE JOHN M. KENNEDY,JR. <612) 227-0601 JAMES A.JAROINE � EUGENE J. FLICK JOHN C�DUN�/�,P; � CHARLES E. GILI.IN . .. ��v �q t �G �.•�.�,.-r.r.• a.ai{:�.°.d'bHN P.GUZIK � JAMES J.GALMAN �� • j !� =J � " PATRICI J. OGI.UND . � . .�� (' ((� t PIERRE N. REGNIER �� uR � �01�,.'�T I MARK A. FONKEN � � U PRACTICE IN WISCONSIN GREGORY G. HEACOX , �; .,, �; L '�9i34 c�.ty czerr � c�ty o� st. pau�. CtTY PLA«r�«?c go�,Rfl S�cond F2oor -- City H�11� �rtd Cot:�thou�s c,,aint Pav�. �✓��''�np`Ota j � St. .P�ul, �� 55102 _ � .. . ... ... ' . _Y•LL,�H:J� Att�I'tt�.Ori i 1�.r'. 01�011 Res V. �. �rrigoni, Inc. - 255 Sus�i� Avenn� � St. Paul, :�nnasota �5102 Our File �ta s T�'S 12,275 ODear 1�r. olson s I �m onolosinq berein a eapy of an AppZic�.tfon gor App�cai, together with a copy of the �raft in �ho €.:�u��t af $1.�0.40, which w�s f i2ad b$ck in 4ctober of 148 3. �i6 �etter �:�.c � previousiy �et for s hearins� be�ora the City Ccunci2., �at��yer, it c�3s withdra�n �fter the Lfa�n�o Inenac�or's Og�ice �.EEL�.�C� a Licen�e to r.�y client to ogar�te the P�P►3Y:�.£rE3 �t 255 �c:�f,� fiv�a�a �s a boardfrfg hause. Siace r�y c�.ics�t h�.d � Lic�.z�a, t_��rQ ir� �to nc�d for this appo�l to ceatiane. The ��plgaa�.o� �ee ��.� r�evar � refun�ed to tae. Se:��ctently, ny cltent r�ceiv�d a hTotico a� Fe��a��tf.az� o� h�s bo�rc�inq h�usa Li.cOnse s�zid a hc��:rinq v�� Ecli��uale3 b�£�rL :�:e City Counvil on -itedne�c3�y, l�prf2 �1, 1Q84. �'oilav°ing �t�� .niti�l� . te�t�n�►, it k-�a dete�.n.ed th�t the hE�ri.ng on �h� r��czt3.on � cr�:�Ld he laid �rer un�ii th� City Cc�:.�cil conl.�. h��r t�e �rEV�,ous3.y cuh�.�.fited �ppe�l. Therc£o�e, �t tit�f.� ��.r�c, Z � �erc�y re.�*.�es�ing t2��.� th� �rap�r city ofLicf.v� pl.�ce� �:is s.�.�.°t�:er Q3 ;�h.� C�tiy Casr�cil �qcada for � hc�ring. Thi$ i� E:x� �p��:� i�� the �:��:r,.r��g Co:��;�sien's cieci�f.an O� OctG�r 7, 1Q�3, ��c? v��.II �.ac2L�� t�� s^atte�s :�s �eti farth in the �p�2icatica fcs I:i�es2. I ��:ou2d gr��tly appreci�:�� a ��Zl Y��fc_� �•cu s�t th�.� r�.;.tter on thc ��l�n�t�r far he�rfr�g �o the;: I c�� dctc�.:�.�.ne �z�t ��.� �.� a d�.Le �°:-�cre bath �y�alf �:ac� ��•. c3.;�z� ;�a�1 �c �.v�f.1.w:�la. T::�s:. v�� r �-cLr consider.:tfon f� tl��.s n��tcr. . .�G::�'s trt:ly r ��:x:�Ti:�, ��.�z � a��i.�L_� ��:c,rre t:. ::��r�..c.r • • � %�.�i�--�p� city cler}c Ci�y of 5t. Paul r:�y 2'?� 1984 . P�gQ 2 cc: Jase,�h F. C�rehef 3, Lfcen;e Zn��c;:or D{vielon of License an8 P�rr�it Aa:�,:ini��a:� Room 203 - City Hall st. Paul, Z� �5102 Phil ByrnQ, Assist�.nt City Attorney �it.�h Floor - City �11 �n� Courtho•�se St. P�ul, I�lN 55102 . �ity of St. Paul D�g�rt-�ent of Flannir�g End Fcana�,c Devc2ogTSr.t Divi�ion of Ple�nning 25 Wc�t Fourth ��r�Qt - St. Psul, 3tu: 55102 1�5rs. Virgiaia lt. F.rrigoni 2 S 5 Su�it Av�nuo S�. P�u3., Mt3 55IO2 , : � � , � , . . _ - . . ,_ _ _ � l� �y 9�� '��c� APPLICATION FOR APPEAL ��"'w"� !� � � � ZONING OFFICE USE ONLY CITY OF SAINT PAUL jE�, �;�! , ,,,� File # _.,.: I ;� , ,: ,,;. . o , �, __, , ; Application Fee $ �(P� "� , 15 � � � - � � �� Tentative Hearing Date jZ—,f}'_-�� Application is hereby made for an Appeal to the St Paul c�t� �oLn�-� i _ under the provisions .of Chapter 64, Section 206 , Paragraph of the Zoning Code to appeal a decision made by the Board of Zoning Appeals X Planning Commission onOctober 7 , , 1983. Zoning Administrator (date of decision) Planning Administrator Other V. K. Arrigoni, Inc . , by its Attorney A. APPELLANT 227-0601 Name Pierre N uPg„;A,- Daytime phone • Address 1350 Northern Federal Building, St. Paul , Zip Code 55102 . (Of the law firm of Jardine Lo an & 0'Brien ' dinc B. DECISION BEING APPEALED Zoning file name V. K. Arrigoni, Inc . Zoning File � 9428 Property Address/Location 255 Summit Avenue Legal description On File C. GROUNDS FOR APPEAL (Use additional sheets if necessary. ) (Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Comnission. ) 1 (Error in Procedure) No right to hP hPar� �t t�+� �z�a��. . , 2 (Error in Findinas) (aL mhe Gt- t-P� has� s of �++�ra��e� �e—� findinqs 1-3 and 7-121 are ir,�-c,rrP�+- a„� ��.�,,�,�t ��.6�� -�;---- �b� The Planninq COITl�lllSSlOri madP nn finr9in�c nf �6� �9 S�6i'' ''�—a�111c of the Special Use Permit; (c) the fa establish a uate basis for If you have any questions, please contact: ' c - �"� "Applicant's signature St. Paul Zoning Office 1100 City Hall Annex 10/27/83 �� 25 West Fourth Street Saint Paul , Minnesota 55102 Date City agent (298-4154) 9/82 : �� C� �� 9�� C. GROUNDS FOR APPEAL (cont. ) granting the Special Use Permit; (d) The Minutes of the Planning Commission Meeting failed to set forth a rational and legal basis for denial of the Special Use Permit. The denial of the Special Use Permit is arbitrary, unreasonable and unconstitutional. ------, � __ _ .__ G'�fc � , _ � � � ' � (�- d 7 L�� C�TT o. CITY OF SAINT PAUL c7��t �� 'o �� a DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT ��'+ iiii�i',ii ii a DIVISION OF PLANNING . � �..• 25 West Fourth Street,Saint Paul,Minnesota,55102 ' 612-292-1577 GEORGE UITIMER MAYOR � October 11 , 1983 Virginia K. Arrigoni 255 Summit Avenue St. Paul , Minnesota 55102 RE: Zoning File #9428 - Arrigoni Dear Madam: On September 1 , 1983 the Zoning Corrmittee of the Planning Comnission held a public hearing on your request for a Special Condition Use Permit to � operate a corrmunity residential f acility for 26 chemically dependent persons. At the public hearing 2 people testified in support, three - letters from organizations were received, a petition with nine signatures was presented and four additional letters were received in support of the permit. District 8 also submitted a letter in support. Eight people testified in opposition and letters were received from five residents and the Ramsey Hill Association also opposing the Special Condition Use Permit. At the close of the public hearing, the Zoning Committee voted to lay the matter over to the September 15 meeting for a final determination. On September 15 a request was received from you to lay the matter over one more time until the October 6 meeting because your representative could not be present at the September 15 meeting. The Committee then voted to lay the matter over until October 6. On October 6, 1983 the full Zoning Corrmittee once again reviewed the staff report with its recommendation for denial based on findings 1 through 3 and 7 through 12 of the staff report. The Zoning Corrmittee voted to deny your Special Condition Use Permit and the modification of the distance requirement on � a vote of 7 to 0. � � On October 7, 1983 the Planning Commission reviewed the Zoning Corrmittee's decision and voted to uphold it. The vote was 15 to 0. Your application for the Special Condition Use Permit is hereby denied. You have 15 days from the date this letter is mailed to appeal the decision to the . City Council . The application fee f or such an appeal is $160. If you have any further questions, do not hesitate to call me. Sincerely, _----- � ' . �. Patricia N. James City Planner cc: Wendy Lane ° Joe Horan - � � � � � ��- ��.� MINUTES OF THE ZONING CON{MITTEE IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA ON OCTOBER 6, 1983 PRESENT: Mmes. Karns and Summers; Messrs. Armstead, Bryan, Lanegran, Levy and Pangal of the Zoning Corrmittee; Mr. Segal , Assistant City Attorney; Ms. Lane of the Division of Housing & Building Code Enforcement; Ms. Beseman, Mr. Bunnell , Mr. Ford and Ms. James of the Planning Division Staff. ABSENT• None The meeting was chaired by James Bryan, Chairman. ' V.K. ARRIGONI, INC. (#9428): Special Condition Use Permit to operate a comnunity resi ential facility for 26 chemically dependent persons at 255-259 Summit Avenue. � This matter was laid over f rom the meeting of September 15, 1y83. The public hearing had been closed at the meeting of September 1, 1983. Mr. Bryan reported that staff has not heard from either the applicant or the neighborhood. � Ms. James reviewed the staff report with a recommendation for denial . Mr. Pangal moved denial of modification of the distance requirement and Special Condition Use Permit based on findings 1 through 3 and 7 through 12 of the staff report. Mr. Armstead seconded the motion, which passed on a roll call vote of 7 to 0. Submitted by: Approved by: _ . �� ''� � � r�_ Patricia N. James n-- mes Bryan, Chairman ' � � � 0 7�� MINUTES OF THE ZONI�G CO'��fITTEE IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA ON SEPTEt�'i6ER 15, 1933 PRESENT: Messrs. Bryan and Pangal of the Zoning Committee; h1r. Segal , Assistant City Attorney; Ms. Lane of the Division of Housing and Building Code Enforcement; ��1s. Beseman, h1s. James and Mr. Ford of the Planning Division Staff. • ABSENT: Mmes. Karns and Summers; Messrs. Armstead, Lanegran and Levy. The meeting was chaired by James Bryan, Chairman. V.K. ARRIGONI , INC. (�9428) : Special Condition Use Permit to operate a comnunity residential faci ity for 26 chemically dependent persons at 255-259 Summit Avenue. This matter was laid over from the meeting of September 1 , 1983. Ms. James reported that Mr. Shea, representing Arrigoni , Inc. , could not � attend the meeting and requested a layover to October 6. - Mr. Pangal moved to lay the matter over to October 6, 1983. Mr. Bryan seconded the motion, which passed on a unanimous voice vote. Submitted by: Appr'ov� by: , . �f .� �� , , ��.--� ��-~�- Patricia N. James Jam s 'Bryan, Cha�n _ � � � � � � � � ��Y=�� _ , MINUTES OF THE ZOPJII�G CO��iIITEE IN CITY COUNCIL CHANBERS, ST. PAUL, t�I(�t�tSGTA ON SEPTEhiBER 1, 1983 PRESEtJT: Mme. Karns and Summers; Messr. Levy of the Zoning Committee; Mr. Segal , Assistant City Attorney; P�s . Lane of the Divisicn of Housing & Suilding Code Enforcement; Ms. Eeseman, �ir;. Ford and Ms. James of the Planning Division Staff. ABSENT: Messrs. Armstead, Bryan, Lanegran and Pangal . The meeting was chaired by Gayle Summers, Secretary. V. K. ARRIGONI, INC. (�9428) : Special Condition Use Permit to operate a corrmunity res� entia facility for 26 chemically dependent persons at 255-259 Summit Avenue. The applicant was present. There was opposition present at the hearing. Ms. James showed slides of the site and reviewed the staff report with a recorrmendation for denial . District 8 submitted a letter in support, a petition with 9 signatures was received in support and letters from three organizations were received indicating their support of the program. Letters were received from the Ramsey Hill Associat�on and W. H. and � Briggs & M�rgan, attorneys for Edward Titcomb, in opposition. Bob Shea, Vice-President of the charity corporation v;hich owns and operates the facility, presented written documentary evidence which he read to the Committee (see attachment) . Ms. Summers asked if the entire structure was used as a residen�ial care facility. Mr. Shea stated that since May of 1983 the whole structure vras used for the f acility. Virginia Arrigoni , 255 Summit, reported that her home was not any kind of threat or blight on the area of Summit Avenue. They are going to cooperate in trying to keep their yard as nice as possible and they intend �o blacktop the parking lot. Most of the men in the home have jobs they go to every . day and they assist in keeping the house and grounds clean. Jack Buxell , 260 Maiden Lane, stated that he was the architect that discovered the conflict in the dimensions of the zoning map that �fr. Shea mentioned. The facility as it has been operated in the past has been no problem to- them. They have not had any concerns, there has not been an inordinate amount of traffic on Maiden Lane, and he felt there was no reason why they should not be allov�ed to continue the f acility. Chris Huck, 235 Summit, testified in opposition stating that a number of years ago the residents of the area spent a lot of t�me working with the City to form some kind of guidelines with v;hich to address the ��hole issue of trying to ensure a balanced mix in the neighborhood of residential , commercial and human services use of all the residents and structures. In arorking with the City they determined that a balanced mix v:ould prohibit �ore than 1 residential type of group home �;�ithin 1320 feet. Tna` was the• . - � � � � - � . � �=� �� !. K. Arrigoni (�9428) � Page 2 distance that was decided upon and there are four within 1320 feet. He then presented letters from 4 of his neighbors in opposition. Marie Gersh, 459 Portland, stated that she and her husband have been long time residents in the neighborhood. They spent many hours years ago trying to come up with reasonable restrictions concerning the halfway houses in the �area. At that time many of the neighborhood blocks had t��ro, three and even more halfway houses. The 1320' rule �,as decided upon, the neighbors lived with the rule, and so did all the other people who perhaps �-ranted to open halfway houses of their own. Approval of the permit would be a major step backwards and would set a precedent in the neighborhood. Alma Joseph, 365 Summit, President of the Ramsey Hill Association, reported that they have worked hard with the City to ensure a balanced mix of residential , comnercial and human service uses vrithin the neighborhood. Their opposition is based on their support of the Zoning Code which states � that no residence on Summit Avenue may contain more than four living units (and that a certificate of occupancy be obtained for same) ; and that no � group home may operate within 1 ,320 feet of another group home. Leonard Lilyholm, 496 Portland, stated that when the applicant purchased the property, it was their understanding that there were 6 to 8 men living in the structure and that they were there on a temporary basi�s to help her fix up the property, one unit of which would become her residence. They believed it was a temporary situation. When Ms. Arrigoni purchased the property four years ago, they had a concer that she possible vrould be wanting to have a treatment center. She assured them that this was not the case. Today there are still 6 or 8 men living there and as a resident and neighbor he has accepted that. There has never been a problem or any trouble at the f acility. If 26 individuals are allowed to live there, each having a job, going to and from work, there will be 26 automobiles at a minimum which physically cannot be accomplished with the parking area , provided. Mr. Levy asked "Mr. Lilyholm how many individuals were currently living in � the home. He stated that he was under the assumption that there has alvrays • been 6 to 10; as of May, he heard there were possibly more. Angela Dorsey, 148 Nina, spoke in opposition stating that the neighbors are very concerned about this situation. She recorm ended that the. Co�rnittee take more time to consider this matter and also requested that the residents be informed before meetings are held. Neighbors are more than willing to sign petitions in opposition to this facility. Jim Loefler, 239 Summit, was in opposition and stated that all the neighbors have put time, effort and money into their homes. Robert Thomas, 1001 Penn Avenue, Bloomington, testified that he v;as a chemically dependent counselor and the people that he has been in��olved with at the residence are basically good people. A halfway house for chemically depend�nt people at this location vrould be an asset to the neighborhood. � . � . , � - �� 'd. K. Arrigoni , Inc. (�9428) P�9� 3 Carol Lilyholm, 496 Portland, stated that the issue is not the quality af the applicant's operation, whether halfv�ay houses are good or bad, or whether the gentlemen in the house are a problem or not but rather the precedent setting that this would involve. It is going full circle back to a�here they were 10 years ago and it is setting another precedent tha� the Zoning Code doesn't mean anything. It is very hard v��ork keeping a district like the Historic Hill District a predominantly residential area. Ms. Arrigoni stated that they have about 18 residents. They don't necessarily expect to have 26 people and certainly don't expect the^� all to have cars; that number was suggested by an inspector who had gone through the house. Mr. Segal asked the applicant if she wanted to modify her application to something less than 26 people. Ms. Arrigoni corm�ented that in order to make the structure financially feasible she would need 20 residents. Mr. Segal then asked Ms. Arrigoni several questions to determine whether or not the facility meets the definition in the code of a community residential facility. Ms. Arrigoni stated that they do not provide any food to the residents; the only care they provide is to one old gentleman who requires help taking a bath; the facility does not provide any training, out patient training is provided by St. Joseph's Hospital at the hospital ; they have an AA meeting once a week at the f acility and there is the fellowship among the men; and the facility provides 24-hour supervision. Mr. Segal questioned whether the facility is more of a boarding facility rather than a treatment facility. Ms. Arrigoni reported that she �is not licensed and that they do not provide board, only the room. Hearing no further testimony, Ms. Summers closed the public hearing portion of the meeting. h1r. Levy moved to modify the distance requirement and approve the Special Condition -Use Permit based on� findings 5, 6, 13 and 14 of the staff report. The motion failed for lack of a second. Ms . Karns moved to lay the matter over to September 15, 1983, at which time more cor►mittee members would be present. �ir. Levy seconded the mation, which passed on a unanimous voice vote. Submitted by: Approved by: 1 - - -_ . ,� � �� --�Z�y�v �_ _ �; , �:�� , _ , - . Patricia N. James JaT°s 2ryan, Chair�,�an • , � , � . ° A � � (;��y�� ZONING CC'�!�ITTEE STAFF REPORT FILE � 9428 1. APPLICANT: V. K. ARRIGONI, INC. DATE OF HEARING: 9/1/83 2. CLASSIFICATION: Special Condition Use Permit 3. LOCATION: 255-259 Summit Avenue (North side between Nina and Selby) 4. LEGAL DESCRIPTION: On file • 5. PRESENT ZONING: RT-2 ZONING CODE REFERENCE:Sec. 60.423(3); 64.300 Subd. 4 6. STAFF INVESTIGATION & REPORT: DATE 8/24/83 BY Patricia N. James A. PURPOSE: Special Condition Use Permit to operate a corrsnunity residential facility for chemically dependent persons. 6. PARCEL SIZE: Irregular parcel , approximately 70' (Summit) x 282' x 60' (Maiden Lane = ,-080 Square feet. C. EXISTING LAND USE: 2 1/2 story duplex structure with alley access (Maiden Lane). - D. SURROUNDING LAND USE: - � North: Vacant (RM-2) East: Medium density residential (RT-2) � South: Institutional uses (RT-2) West; Medium density residential (RT-2) E. ZONING CODE CITATION: Section 60.423(3) states: "A community residential facility serving seven or more facility residents subject to the following conditions: (a) It shall not be located in a two-family dwelling unless the community residential facility occupies the entire structure. (b) It does not serve more than 16 facility residents except that structures designed or newly built specifically for greater capacity may allow a greater number provided that all other conditions of special condition use are met. � � (c) The minimum lot size for corrmunity residential facilities is that prescribed for a one-fainily dwelling plus 300 square feet for each facility resident over and above six residents. In addition, corrmunity residential facilities serving more • than 16 residents shall meet the requirements for height, yard setback, and maximum percent of lot occupied by main building. (d) A minimum distance of 1 ,320 feet will be required between zoning lots used for comnunity residential facilities, excluding foster homes. (e) There shall be one off-street parking space for every two facility residents. (f) Permission for special condition use applies to the corrrnunity residential facility only as long as licensing, p�arpose, size or location do not change." Section 64.300 Subd. 4 states: "The plannir.g commission, after public hearing, may modify any or all special conditions, when strict application of such special conditions would unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure and would result. in exceptional undue hardship to the owner of sucn property or structure, provided that such modificat�on ��ill not impair the intent and purpose of such special condition and is consistent with health, morals and general welf are of the corr�nunity and is consistent with reasonable enjoyment of adjacent property. The requireroents of Sections 61 .100 through 61 .105 and 62.103 shall remain in force and effect and shall not be s�perseded or vrai�-ed by any such modification of a specified special condition." , . , � . . , . �-�y_�� V. K. AP,RIGONI , INC. (�9428) Page 2 F. FINDINGS: 1 . Applicant has established a corr�nunity residential facility for chemically dependent adults on this site. 2. According to records of the Division of Housing and Building Code Enforcement, applicant originally proposed using the building as a four-family dwelling and not as a residential group home (communi�y residential facility) . 3. The building was never issued a certificate of occupancy. Such a certificate is required of three- and four-unit structures, but not duplexes. The zoning status of the structure appears to be duplex. 4. The proposed comnunity residential facility will occupy the entire structure, meeting the first condition. 5. The ground floor area of the structure is approximately 4,047 sq. ft. according to tax records. The structure is 2 1/2 stories high, resulting in 8-12,000 sq. ft. of gross floor area. The structure appears sufficient for 26 residents, meetinq the second condition as long as the other conditions are met. 6. Minimum lot size required for 26 residents is 11 ,000 square feet. Applicant's property is 19,080 sq. ft., meeting the third condition. Since the structure is existing, its height, setbacks, and lot coverage would be legally nonconforming. 7. There are four community residential facilities within 1 ,320' of the site: Door • of Hope (18 residents), Guild Hall (85 residents), Juvenile Horizons (17 residents), � and Hoikka House (117 residents). The fourth condition requires modification. � 8. To modify this condition the Planning Corm�ission must make findings specified in Section 64.300 Subd. 4. 9. Applicant has submitted an appraisal stating that the "highest and best us�" of the property is one "demanding large numbers of occupants such as halfway house, fraternity house, institutional housing, etc." The report also assumes that the structure is legally nonconforming as a rooming and boarding house, which does not appear to be the case. 10. Without modification, the structure could be used for four dwelling units with a total of 18 rooms. The structure was originally a two-family dwelling; therefore, strict application of the condition would not appear to unreasonably limit lawful use or result in exceptional undue hardship. 11 . It appears that any hardship incurred may have been created by the applicant since the na�ur.e of the proposed use has been unclear for four years. � . � 12. The intent of the condition is to prevent concentrations of these kinds of � facilities. Applicant states that the other facilities are in separate neighborhoods. Except for Hoikka House, which is separated from the site by a bluff and I-35E right-of-way, there are no physical or topographical barriers between 255-259 Summit and the other facilities on Dayton and Marshall . It appears that the condition cannot be modified without impairing the intent and purpose of the condition. 13. The modification must be consistent with the health, morals and general welfare of the community and consistent with reasonable enjoyment of adjacent property. Applicant has submitted a petition from some of the neighbors stating that the facility has not been a nuisance. It would appear that the proposed use would be consistent with reasonable enjoyment of adjacent property. 14. The rear yard is presently used for parking. k►hile the lot is not paved or striped, there appears to be space for 13 cars , meeting the fifth condition. G. STAFF RECOMMENDATION: Based on findings 1 through 3 and 7 through 12, staff reco�rnen s en�_a o the modification of the distance requirement and denial of the Special Condition Use Permit. �-, �� • � ;. ' � -% �,� �� . .:; � _ . . � , � �� °'�, ' � � i_ 2 .~ �,_. � APPLICATION FOR SPECIAL CONDITION USE ' � f -` 1;�-�-1� �� { �.,�, iV S ' � __ .,:_;._ CITY OF SAINT PAUL ZONING OFFICE USE ONLY File �� Application Fee $ �35 c9`'=" `� /'�� __ Tentative Hearing Date �--/8 --g � Number of Lots or Size of Parcel: Application is hereby made for a Special Condition Use Permit under the provisions of Chapter �p , Section 4?��_, Paragraph .3 , of the Zoning Code to operate a nr��a�� rrv ?-�s�a��-r�ac.. r--�c�,�»-y �2 2� �1-t.��r't�� Lt! ��-�t n��r�-�� P��r�� A. APPLICA T - l�ame��+ ��l�(�,+�� , �J�� . Phone (Daytime) �Z-7�'7 Address ��S SL,�t�-f ll..� /Y-' f�(� ZiP �,�,`.�/O �— Property interest of Applicant (Owner, contract purchaser, etc.) a �},� �f2— Name of owner (if different) a ' 13c�R Sf-f�4 ZSS.��,=�,� ,�- B. PROPERTY DESCRIPTION Address/Location 25� —Z-S� �.fl�.I�(,f l�' �--C.1�� Legal Description: Lot Block Add. Q 1�, Fl GE. Present Zoning ��7"� Z.-. Lot Size 7(� � '�G Zc� � = Z.�,, p=-�0 c�. FT, C. SPECIAL CONDITIONS Explain how you will meet each of the Special Conditions. Attach supporting materials (diagrams, site plan, letters of support, etc.) � ��- �SC.��1�-t 4� � 'm`�'"'".�' � P t' F�� ,,-, .: �a� �• p,� ��-�'' �`��`...r..� �,�a.�'��'� 4 .'�i;E � '�l, `� b F iw�rs t,�ao -�.a:t�s,'=`^..- � ra�s .....�.�.. ��.��.j�� If you have any questions, please contact: JUL 1 � i��; Saint Paul Zoning Office , ,, . ,_ 1100 City Hall Annex �',�;%l E)�. t='L�-,;'.:''`�='`� � 25 west Fourth Street ��►�J��tC �;'�t�it(�pf��'�I�1� Saint Paul, Minnesota SS1Q2 4102 (298-4154) 1/1/82 ' � � , ��/� � V. K. ARRIGONI, INC. 255 Su�.-1it Avenue Saint Paul, Mn. 5�102 (612) 22z—Z5�7 Boarct of Uirectors Virginia K. Arrigoni, 255 Su,:mit Avenue, Saiut Paul 5510� Paul N. Zengerle� 1726 1�.mes Place, Saint Paul, Mn. �5106 Mary Ann Dukek, ZIl6 Como? Sa.int Paul, I�7n. 55108 Charles x. ,�:ajawskas, 255 Suramit Ave. , St. Paul, i�in. �5102 Officers Virgin.ia K. Arrigoni� President & Adm.i.nistrator Paul N. Zeagerle, Vice President Nary Aan Dukek, Secretary Robert Shea, Vice President & Legal Officer, 255 Summit Ave. � Saint Paul, Mn.. 55102 � . . � . , . . , � - �� July 19, 1983 Saint Paul Planning Commission Zoning Committee Department of Plarining & Economic Development 25 L�l. Fourth Street Saint Paul, r�in• 55102 Re: 255, z59 Summit Avenue; Application for 'Special Co�dition Use City of� Saint Paul V. K. Arrigoni, Incorporated is a Minnesota nonprofit tax-exempt charitable corporation�. organized on July 9, 1981 to own and op- erate per�an.ent residential and community facilities primarily � for persons seeky.ng relief and recovery from chemical dependency an.d related ills. '1�he organization ovms and operates Arrigoni House at 508 Uni.versit� Avenue SE� Minneapolis, and Arrigani �s at 255, 259 Summit Avenue, Saint Pau�. t'Jhen Mrs. VirgiMia K. Arrigoni individually purehased �he proper- ty at 255, 259 Summit it was suhdivided into �3 apartment-like units. The vrhole premises vras in a state of disrepair and deteri- oration. luow, fous� years hence, �he property is well maintained. Its use as a commun,ity an.d residence for 2b chemicalTy dependent men poses no threat or nuisance to the nieghborhood. !?,e believe that the use of these prenises for the purposes in- tended is not det�imental to, and does not endanger the public health, safety, morals, comfort, or general vrelfare, and that the use is not injurious in any sense to this neighborhood. This is not an: obnoxious or nuisance or illegal or immoral use of this property. In fact, it is a �iighly desirable, eminently v�orth- tivhile use. It lessens the burdens of governme�t itself. `!'hat is �:�hy this nonprofit charitable corporation, which was formed to establish and operate this facility, is entitled to Federal and Stat.e income tax exemption as a laudable charity, and to pro- perty tax exemption as an institution of purely public charity. '�1e strive continually to improve the services we render to our residents. Much money and effort and sacrifice by many have been expended in bringing this organiz.ation into reaTity and success. The highest and hest use of this property is its present use as a residential community rrithin the Ordinance concept. See Appraisal enclosed. , . . • /Jr�-(/-Gf�'e2 � Page 2 (Saint Paul Planning Commission) Suecial Conditions: l. Off-street parking. There is ample off-street parking space ir� the rear of the property. The area may accommodate 13 or more vehicles. 2. Lot area. The lot area is 20,090 square feet, �rhich is r�ore than that presc.rilapd by the Orclinan:ce. 3. Proximity to other residential comrnunities. Sec. 60.423(3) (e) . According to the Zoriin:g Map #20 (enclosed) , the nearest conruunity residence (Door of Hope, Inc. ) is located at 341 Dayton Avenue. A eircle vrith a 1320' diameter drav,rn from that facility encloses apparently part of the hack yard of the sulaject Sunmit property. Thus� the property or� Sum�it is in technical violation of the Ordinance requirement that. there be "a mi�mum distance of 1320 feet�� '�between zor�ing lots used for comr�unity residential fa- ' cilities� excluding �oster ho�:es.rr � Request is respectfully mader under Sec, 64.300, Subd. 4, for modification of the Ordina�ce in relation to the ninimum distance requirement, on the follovring grounds� inter alia: 1. To deny the proposed use to the subject property on Summit is confisca�ory, since the property lends itself only to its present use, as its highest and best use, and the property othervrise has no real value presently. See Appraisal Report enclosed, 2. '�he �.wo facilities (Summi.t. & Dayton) are located in dis�inct and separated neighhorhoods. There is no commingling of any activ- ities between the two facilities or am:ong Lhe residents of either. 3, The 1320 ' distanee requirener�t is substantially complied vrith, siuce only part of the hack yard of the Sumnit property is vJithin the diameLer descrihed, and tihe unimproved -�ack yard area of the . Summit property- measures almost 150 ' from the house to the alZey. • • 4. The proposed us.; is in no sense injur�ous to the neighborhood or to adjacent properties. C�n the contrary, its use blends ��ith the neighborhood, and preser-:es i,he appearance of t�re uei�hborhood as a high-class residential property, � appearance it cou],.d not oth�:r��vise maintain. 5. The proposed use is a lawful, commendable use. 6. The organization is not a profit-orienzed business. It is a legiti:�aze charity �ithin Section 501(c) (3) of the Internal xevenue Code and tne iYiinnesota income �.ax law and other lav�s. No one raakes money from this endeavor. Many sacriiice much to provide and maintain this facility, ti�rhich is iieeded and a valuahle � sset in corntnunity life in �che City, of Saiut Paul. • - ' �� Pag� 3 (Saint Paul Plan.ning c;omr�ission) 7. '1'0 our kn.owledge, we have received no conplaints from neighbors during the entirety of �i�e four-year period in �=rhich the propert� has as presently heen used� concern.ing noisey disturbance, or anything else offensivs to the neig�- bors or �he �eignborhood. l�o police complaints have heen made. In fact, residents have heen helpful in cutting grass for neighbors, shoveling snotv, and generally in being available for help. 8. The proper�y contributes to the peace and �ood order of the neighl�orhood: Its residents are sober. They are employed arid contrihuting members nf comm�nity �ife. 9, The modification of the 1320' requiremen� requested does not violate the inte�.t of the Ordinance not to have over cen- - tralizatiork of such facilities in one area, since the modi- fication reques�ed is m:i.nor (as a percentage of the total dis- tance hetween the two facilities) � and that other facility is located in an entirely separa�e neighborhood. Neither facility affects the other or the other' s neighhorhood. The Ordinance should be construed to accomplish its purpose, not to frustrate the development of genuinely w�rth��rhile com- munity projects, espe�i�lly in this day and time when vlholesome living accommodations are scarce, especially for the non-affluerit and the harxdicapped. After all, zoning is a subordinant law. The rights of property ownership are othervrise constitu�ionall� pro- tected. i�. K. Arrigoni�, Incorporated is an active charity, able to op- erate a co�munity resi.dential facilitg properly and pernanentlg at this location. It is mos� certainly not a marginat enterprise. Its use of the property is conducive to the puhlic welfare ar�d serves in� suhli.mation to the legitimate rights of its close and far neighbors. In any proper way that we may assist you in the matter of this appli cation, �re vrill gladly do so. � Respectfully yours� rf�� - Virginia K. Arrigoni President & Administrator v. K. Arrigonis Inc. z55 Summit Avenue Saint. PatT.l., ?•1n:. 55102 (612} 222-758'� � � . y-l� rJ , 4g. 56 �PLAT) 47. 38 /PLAT 6z. 74 , � �- - N SS° S.?'30"E /66.30 , _.,�. �� . �, s�►,�,s �, . � ` _- -,� . L 3'p �'l1 .. �j J J S. �� _ p S` -- _, �� '� . 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"c DIVISION Of NdUSiNG I1ND �U(LDlNG CODE ENFORCEMENT ... City Hall,Saint Psul,Minnesota 55102 Goor6e latimer 612•293-�211 Maya July 14, 1983 , Robert Shea Vice President V. K. Arrigoni , Inc. 255 Summit Ave. St. Paul , Minnesota� 55102 / ! /ftE: 255-59 Summit Ave. � Dear Mr. Shea: The referenced property is located in an RT-2 , townhouse res.idential , zoning district . Your license apptication, f/8274, is for a rooming and boarding house which is not a permitted use in this district . However, it is our understanding that this property is being used as a community residential facility, which is a permitted use in this zoning district subject to special conditions . You may apply for a special condition use permit by contacting the zoning sect_ion of the Planning Jepartment at 292-1577. Building Department approval of your license application will be with- held until a special condition use permit has been issued for this property. Application for this permit must be made within 30 days of this letter. If you have any questions regarding this matter, contact John Hardwick at 298-4215. Sin rely, V%�-�'vV1'L/ `�, ' ` �—S7.C� Glenn A. Erickson Zoning Administrator GAE/JH:km cc: Joseph Carchedi License Inspector � `1T'. 4F . ' ' ��/ / "O ��' .P . � �;,,:;.�1', CITY OF SAINT PAUL � 4^�::c:i�� ,. DEPARTI�1ENT OF COMMUNITY SERVICES �p ^� -.. DIVISlpN OF HOUSING AND BUtLD(NG CODE ENFORCEMENT Gcorgc Lalimer • City IIaII, 5aint Paul,Minnesota 55102 Mayor 612-298-4212 Oi'Yuhcl' It� , I �)i�) �1. R. Uol�l�m,_�n , ('r�c�iclent itl�; : 'S ; Ramscy Ilill �1`soc� ation �� it �JOS Porr. i :�n�l �r.. P;�ul , h1n 551u� I)c;i r (�lr. llc� f I'm;i n : ��1c•, . �1r•�•i �;o» i h;i, ;i��J iccl f��r ;i (:c�t•t i l�ii;�rc� �� I' O�•ii,��rinc:y fc> r :i f 1► 1'cr ti�t i i :i��;i i't i�i��nt hii i I cl i n� ;i r ,'S; �;tinun i t . I 1 i s c�u r' . ui�cl��r, t ;�n�lin;; lli;it �hc �� l ;in� tc� li,ivr tl�c h�ii Icliii�� u��•ti�� iccl ��y t�c�ti�• I�;it�t i l i c�, ; ��nc f;iiti i I �� i ii c;i�•li �� I' t)ic� t�� ;��;, rim:�t� t � . u�� t 1�� , t ,, i�l�� :in�l t�vo I�rim i I i r�; i n t lir <�t�c :i�iri i• l mc•nt �,n tlic� �';isY . I�'c� l�,tv�� m;iil�� ;trt'.�nnc•mcntti tc� in�T�c'l�T Ylll• �1 t'tic'ttirc ) �it�r tlii � nic�ntl� ic� cictcrmi �ic� ►��h;it rc��:iir� riricl/ur ;iltcrr�tic�n� utusr h�� iu,icl�� tc� m:i kc t.hc hu i 1 cl i n� �'on fc� i•m t c� ;i I I :i�� I i �;�h I c �ocic� ::c� th,�t ;� (:crri. fir,�Yc rnn hc i ��iirJ . �lic• �,� i I 1 hc � ivcn ti.mc to ui.ikc nccciccl repairs . 'I'I�c utic ot� tlic I�u i l�1 i.ng ,3s ;i I�o�ir f,�m i I ;� •clt,�c 1 1 i n� i s i n conformanre �vith the Zonin� Cocic sincc thc ��ro��crty is in a !��'-? Zonc . 'I'hc ��i•o��erty i � 7O . 1G ft . l�v 284 . 7 ft . �tructurr. m.�� h��vc ;is many ri�: c� l �}1tCC11 rc�oms `�n� so thc (cYClusive of kitclien, cliiii ng room and sa�ti tary f.�c i l i t i cs ) , '1'l�c Zonin� Codc dc'C1111t1UT1 oi' a famil �• includc� ,i �;rou� oC I��,r unrelatcd person� , 'fhcrcfore , as many as eir;ht unrelatecl ��cr5ons may occupy thc c.ist un i t . Your let�cr �illc�c5 that 1�1r� , �1rri�oni i � usin� thc titI'UCtUI'C :►� ;i �;ro��` homc I'c► r rilcoholir� . "fhi � i �; ;i �>cr•mitrc�cl u�c in � , ,� It'I'- 2 Zc�nr ( i�r �in�� resicicnt i :il zonc) ; h��t iti ,i u�c� i,�hic:l� rcc�ui rc� �i ti��r�� i ;il •lJ�c E�crmi t ,in�l iti tiiil� jc�•t tc� �-c�rtr� i n ron- �litions . A1►•ti . .�i•ri�oni <<�hc� i�ati ot�crritc�cl su�h ;i f;i�� ilit�� in thc p,ist ,�� I�c� c.iocs not intcncl to clo so at �5:, Siimmi r , 11 ite� i �icnt i ;i l (�rc�ii�� Homc :i� cic l' i nccl I�y t hr Zc�n i n� (:c,cic i s , "� I�ui I �lins; c� r .t riirturc ��I�crc� �icr�on� rc�s icic� fc� r ��ur�o5cti uf: rehah� lit.itiun , treatmei�t , �r s �eci �� l care , -.cinc] �tihicTi is nor a ('ommuiii�t�. Rr�i7cnti;il__f';i��l ty ;is _cTc �nccl h�) , :�1 (� (1 ) , l�rr�� i n . tiui li �i�� i•�i�i�ti m;tv I�c� c>r��hrinc�cl „ �ti I�l�c�r c•li�.��n i �•,i 1 �r• einotion.il iiul�,� irment , ot'� �t�l�lc�r so�.i �al malacljustmcnt or dcpcndenc��. " (;1 ('omm�init?� !;c� i dcnt ia 1 f�ac i ] i ti i�• i � a home l�or �uc�n t ,i I 1 �� i�c�t;i rclyd o�• ��hy, i r,� 1 1 y l�,i ncl i �r�P��ccl ��c� r�ons . ) � -ft'.�^s..�u- . T- f > .��:-: .:�::.�.��.r, � , ' . � . , ��q�'� ::i::�:�:;..�a�, _J��:.��='' }= , �,..,� �:.=-�k:;j�:�, :`.��,-.,.-�{�,� l)L t 0�)C 1' � (� � � �)7�) - �- �Z(` : Z �i�i �UlAlll I 1 �. �/ �� Upon ins��ecti ��n we i��ill clet.errninc whethc� r or nc�t ;� �r�u�� l�c>ntc i � hr.i r��; u��c rar.c�l . I i� �c� , tvc wi 1 1 rcc�u i rc t l�r� t s}�c c�htain .i Sp��ri ;il llsc J�crmit ;incl cornplv t�� ith :ill j�c�rtincnt rc4;ulat ions , I I� }�o�i l�avc �in�� fiirthr.r qucst iotts , ��lc�,��c� ral i :11 ic•c� f� i j jani :�l ?J�-�215 . 1'our� truly , � � t.�.lcnn 11. l:ri �l:sc�ii Su��crv i sor o f• (:od� Enforccmcnt 1�:11i :r1r11i:c1� . ' ' , � , , ��`a� : . CONt�fUNITY RESIDENTIAL FACILITIES WITHIN 1320' OF 255 SUMMIT AVE. 16 Door of Hope, 1071' 33 Juvenile Horizons, 960' 24 Guild Hall , 770' • 29 Hoikka House, 800' , .--- -- -�-----_._��` _i�+� \ ��. ``\ ��r=�\�,',v�`r��__��..�'`. � �n1��\� . �; �� V / --�� . _ \i\\� I�`\ �Q��v�/��.' 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O - � �P o �F e `i' r �� .. - - -z° � � P`� PR�'a� � G � �� p�� - ��` '�11�� • �� `� � ' � � 0 �„�� \ \\ � S � �\� � �\ � � �5� �Q �� . � � 5 a� '� �e = � d� ;� �� P1. , `�'�, - � � , � �,� � � , � � ` � �� o�` J�' �'° \ � Q � �\ ` � ♦A �,'� � � \\ \ >' ` ti� \ � �\ ,�� ` � \ �� , �,�� i.J � - �. .� � �� ,. : � F � • ��\ �� {� � �`� Q � �;. . _ \ \ �� .� g �� \ � l P � , \� , � ' \� � �J \ � � /�- , \ � � �� • o. ' \ \ r \' ^ �. ( �/ �`- \ QREA f�f AP APPLICANT `,�• �`� • r�� '�}t�i � LEGEND `J "- "— Z4f�11�G DIST�lCT BOUf�dQR' PURPOSE ��D..r��.� C�:`��f��E�. �'////� SUBJECT PROPERTY �� • ! O ONE FAE;RILY /1'?��t'4��r�t� t"t'�r�a,-1;r�� lji,� PLANt�ING FIL t� �` �� + r ¢� T�'y'0 Fl�f�,ILY DIS�ICT E 0. r� � - DATE . �i'fl. G' . I �l , �� t-�� '" O t►'ULTiPLE FAF,',ILY ✓ ' � �- n COFff�ERCI�L SCALE : i"= 200' �!ORTH �' �=- � �fJDUSTRt�� ,�qp hp. SkIf:T PL:UL PL�F,i;IF:G BOAR� ' V �'�C�,F�T ,��rJ . `�"✓�/ / � v � � � �� o . 1 � / � � � � � , -- �`\ �,2 � .� / G,�� I � �� --� , �, . �c- r� ,�� l's � 4.� �� - �. _� �� E �i'- ��/�-�> �-f � %�� 1 � . � -� c ('`:c�N�`�Jti— ��5 ��- � . ��-� ( ;� �.� � `� �� /,��f�-� �;-�-� ��r�� -��> �✓1/�-/��r,�,,,�� / G / 2�/�4�.e�L � /" r� ��% f�E-,, �o /,` � � �,�- �� s. . . . . . � �,�t j ��y . . . , LAW OFFICES OF DONALD M. JARDINE Q� CAROL A. HOOTEN JERRE F. LOGAN (1923-1983) ,TARDINE, LOGAN (X7 O ' BRIEN GEORGE W. KUEHNi�' JOHN R. O'BRIEN• 1350 NORTHERN FEDERAL BUILDING ARLEN R. LOGREN GRAHAM HEIKES BRIAN N. JOHNSON GERALD M. LINNIHAN WABASHA AT 6TM THOMAS J. LINNIHAN A�AN R. VANASEK ST. PAUL, MINNESOTA 55102 MARY A. RICE JOMN M. KENNEDY.JR. (612> 227-0601 JAMES A. JARDINE EUGENE J. FLICK JOHN C. DUNLAP CHARLES E. GILLIN May 22 � 1984 JOHN P. GUZIK JAMES J. GALMAN PATRIGIA J. SKOGLUND PIERRE N. REGNIER MARK A. FONKEN •nOMi77ED TO GREGORY G. HEACOX PRACTICE IN WISCONSIN _ City Clerk City of St. Paul Second Floor - City Hall and Courthouse St. Paul , MN 55IO2 Attention: Nlr. Olson ..�... � � =a «�''.c Re: V. K. Arrigoni , Inc. �i, w 255 Summit Avenue �� St. Paul, Minnesota 55T02 �"�' = � t-s. .�c.n � o Our File No: MH 11,275 �o �. �, :� �..,, • � � � � Dear Mr. Olson: I am enclosing herein a copy of an Application for Appeal, together with a copy of the draft in the amount of $160 .00 , which was filed back in Octaber of 19$3. This matter was previously set for a hearing before the City Council, however, it was withdrawn after the License Inspector' s Office issued a License to my client to operate the premises at 255 Summit Avenue as a boarding house. Sinae my client had a License, there is no need for this appeal to continue. The Application fee was never refunded to me. Subsequently, my client received a Notice of Revocation of her boarding house License and a hearing was scheduled before the City Council on Wednesday, April ll , 1984. Following some initial testimony, it was determined that the hearing on the revocation would be laid over until the City Council could hear the previously submitted appeal. Therefore, at this time, I am hereby requesting that the proper city official place this matter on the City Council agenda for a hearing. This is an appeal from the Planning Commission's decision of October 7 , 1983 , and will include the matters as set forth in the Application for Appeal. I would greatly appreciate a call before you set this matter on the calendar for hearing so that I can determine that this is a date where both myself and my client will be available. Thank you for your consideration in this matter. Yours truly, NE, GA & O'BRIEN ierre N. egn' r 1 PNR:sg Enclosures . . . . . �.-��.� . City Clerk City of St. Paul � May 22, 1984 Page 2 cc : Joseph F. Carchedi, License Inspector Division of License and Permit Administration Room 203 - City Hall St. Paul , MN 55T02 Phil Byrne, Assistant City Attorney Sixth Floor - City Hall and Courthouse St. Paul , MN 55102 City of St. Paul Department of Planning and Economic Development Division of Planning 25 West Fourth Street St. Paul , MN 55IO2 Mrs. Virginia K. Arrigoni 255 Summit Avenue St. Paul, MN 55102 � '. � � � � � - . . lrl�-�'�� APPLICATION FOR APPEAL ZONING OFFICE USE ONLY C[TY OF SAINT PAUI Fi le �i Application Fee S Tentative Hearing Date Application is hereby made for an Appeal to the St. PaLl ; ry �c,�,��.; � under the provisions of Chapter 64, Section 206-- � Paragraph of the Zoning Code to appeal a decision made by the _ Board of Zoning Appeals X Planning Commission o�October 7 , , 1983. _ toning Administrator (date of decision) � _ Planning Administrator _ Other W. K. Arrigoni, Inc. , by its Attorney A. APPELLANT Name pier� �_ Rr�oniar Daytime phone 22�'0601 Addres5��5orthern Federal Building, St. Paul , Zip Code 55102 (Of the �aw firm of Jardinen'Loqan & O'Brien 1 �Sn NorthAr., Fr�r�Aral R,,, _ - ess�a--.rs5 d i r. -ro , 6. OECISION BEING APPEALED Zoning fi le name_ V. K. Arrigoni, Inc. Zoning Fi le !i 9428 Property Address/Location 255 Summit Avenue Legal description On File C. GROUNDS FOR APPEAL (Use additional sheets if necessary. ) (Explain why you feel there has been an error in any requirement� permit, decision or refusal made by an administrative official. or an error in fact, procedure or finding maAe by the Board of Zoning Appeals or the Planning Commission.) 1 . (Error in Proc dur 2. Error in Find'n . findin s 1- , b The Plann ' nia of the Special Use Permit; (c) the fa establish uate basis for If you have any questions, please contact: < - ,(y- ' ' pplicant's si9nature St. Paul Zoning Office 1100 City Hall Annex 25 West Fourth Street 10/27/83 Saint Paul. Minnesota 55102 Date City agent (298-4154) 9/82 "/ . � J . , , ti • . r �V ( ��. . � C. GROUNDS FOR APPEAL (cont. ) granting the Special Use Permit; (d) The Minutes of the Planning Commission Meeting failed to set forth a rational and legal basis for denial of the Special Use Permit. The denial of the Special Use Permit is arbitrary, unreasonable and unconstitutional . � d' r—�6 • ... r � . y , /O�/'�... �, vr— � JARDINE. LOGAN b O'BRIEN ' ' 3 6 7 8 , 1350 NORTHEHN FEDERAI BUILDING � � � ST. PAUL, MN 55102 i, October 27, �� 83 x2�o3 � �; ��i• � r��ii�: : � „��.��„i; ---City of St. Paul - Zoning Office--- . � .� $ 160 00 '� �. 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STARR, CITY ATTORNEY �`'�:rr., +��• �'^ . . �:,�R�°� 647 City Hall,Saint Paul, Minnesota 55102 GEORGE LATIMER 612-298-5121 MAYOR May 23 , 1984 � � � -a � G��^t /"�.) --{� ,,,�. . To : Bill Wilson `��"' j�A"�I � Pat James �� _ Joe. Carchedi ��, � o ��► . ___� Jerry Segal �� . Gerry Hendrickson � � Ed Starr From: Phil Byrne� Re: Arrigoni Appeal My understanding of the City Council ' s intent on April 11 , 1984, in laying over the rooming and boarding house license issue was to put Arrigoni back in the same position she was before her appeal on the zoning issue was withdrawn on December ' 9 , l�her appeal time had not expired, she had paid her fee, and was going to have a hearing on the special condition use permit. Mr. Regnier only needed to file so�ething after April 11 , 1984, to evidence his intent to reinstate the appeal , which he has apparently done by his letter of May 22, 1984. The zonin� file may not reflect the Council ' s intent . Whoever � normally calendars zoning appeals to the Council should set this � matter on for hearing again after notice to all parties . Mr. Regnier' s letter asks for a call before this is calendared. We have a transcript of the license hearing at which these matters were discussed if ariyone cares to examine . . - - /jfrf%{��o2 �ST. PAUL CITY C4UNCIl. `�� B�IC HEARING NOTICE �su� 22 3 03 �� 's� Z 0 N I N G G�TY Ct�F�K`S O�FfCE ST P;',�.'•L, t�iNN. Property owners within 350' ; FIL E N 0. 9428 Representatives of Planning District 8 PAGE PURPOSE Appeal Planning Commission denial of Special Condition Use Permit with modification for community residential facility for chemically dependent adults. LOCATION 255 Summit Avenue (North side between Nina and Selby) PETITIONER V.K. ARRIGONI H E A R IN�G Thursday, �u�y 5, 1984 io:oa a.M. Citv Council Chambers, 3rd Floor City Hall - Court House Q U E S TIO N S Zoning 298-4154 (Patricia �ames) Contact the Zoning Section of the Planning and Economi� Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, Minnesota 55102 Cega1 Description: Lot 23, Auditor's Subd. No. 52 Notice senc �une 22, 1984 . � . , �� `� ST. PA�l �. CIT' Y C �UfVCIL PUBLIC � E �► � ING �I �T � CE �OtViN� ; Property owners within 350`; F�L� N Q. g428 Representatives of Planning District 8 :, Pa�F �l9RPOSE Appeal Planning Commission denial of Special Condition Use Permit with modification for community residential facili.ty for chemically dependent adults. LOCATiON � 255 Summit Avenue (North side 6etween Nina and Selby} PETITiONER U.K. ARRIGONI � HEARIIVG Thursday, July 5, ��s4 �o:oo A.M. City Council Chambers, 3rd Fl.00r Cit_y Hall - Covrt House Q U�s T��S Zoning 298-4154 (Patricia James) Contact the Zoning Section of the Planning and Economic Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, Minnesoia 55Z02 "+ . Cega1 Description: Lot 23, Auditor's Subd.. No. 52 Notice aent June 22, 1984 - . �- �y �� . . �� STATE OF MINNESOTA es. COUNTY OF RAMSEY Carl T. Gr ay, being first duly aworn, upon oath, de poeee and says : Sometime pacior to the purchaee of 255, 259 Summit Ave. , Saint Paul, Minnesota, next door to a,ffiant's reaidence at 261 Summit Avenue , Saint Paul, Mn, on May 4� '1979, by Virginia K. Arrigoni from Stephan M. Benson and Donna V. Benson, affiant, at the request of the then ownere, personally inspected the � � � ' 1 J ,�� ' entire subject premises, and drew architectural plana for the , �,� ��1 , � � L-�. � 'j �' recon truction of the premises ae a 4-unit condominiwn � VN � � Affiant is a profeasional architect. Affiant knows of his own personal knowedge that the subject property at 255, 259 Swnmit Avenue was at that time a 12-unit apartment etructure, having 12 actual separate apartments, and �that the se apartments were not mere ly housekee ping unita. Date d: � z- �U � �� 8) �z '� I �' ' _ ar . Gray '- --. . . �- . . . ----� ,,, . .:::;. • < - . :�= ��-98�J,.. . ��'� �--� . � STATE OF MINNESOTA $s� AFFIDAVIT COUNTY OF RAMSEY Leo Gadbois, being duly sworn, depoaes and says : On May 4, 1979, �fiant was a duly licensed realty � broker, in businesa a.s Brothers Real Eetate Brokers, Inc, 1412 Prosperity Avenue, Saint Paul, Mn. 55106. • On that date affiant negotiated the sale of property located by atreet address as 255, 259 Summit Avenue, Saint Paul, Minneaota from Stephan M. Benson and Donna V. Benaon to Yirginia K. Arrigoni. � On the date of sale, and previously, the premises wae � a 12-unit apartment structure . . Affiant ia informed and believes that the p�emises at 255, 259 Summit Avenue was structured, rented and occupied as a 12-unit apartment atructure from a date in the mid' 1.940a, at�d cent�.nuously until the p�operty was sold on May 4, 1979 to Virginia K. Arrigoni. Date d: 1\ r? $ _ � (s) � 0 o s � � ��-�'�� EC D SEP 5 1� August 13, 1984 COUNCILMAN JAMES SCHEIBEL Mr. James Scheibel Office-City Council 7th Floor St.Paul, Mn. 55102 Dear Councilman Scheibel, On July 6, 1984, our name was wrongly cited during a public hearing of the City Council and I would like to officially clarify! the record. In her appeal of the denial of a special condition use permit regarding 255 Summit Avenue, Virginia Arrigoni`s attorney stated that the new owners of 294 Summit supported Ms. Arrigoni's use of the said address. My husband, Charles Girsch, and I are the new owners of 294 Summit and contrary to Ms. Arrigoni's public statement, we strongly oppose her use of 255 Summit as we always have. We do not appreciate that this totally inaccurate statement was made at a public hearing and hope that this letter will serve to clarify our true position: we strongly support the denial of the special condition use permit Virginia Arrigoni has requested for 255 Summit. Sincerely, r?v�'� ��-- � � � �� Maria Girsch Charles Girsch-- cc: Victor Tedesco Hugo Masanz John Drew Thomas Flynn Chris Nicosia James Scheibel William Wilson Patricia James