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00-1178ORIGINAL Presented By Referred To Council File # 00 � 1\�Q' Green Sheet #! bG O O 1 0 Committee: Date 2 WHEREAS, Mr. Steve Kissel, in Zoning File No. 00-133-277, made application to the 3 Saint Paul Piamiing Commission (hereinafter the "Commission") for a non-conforming use 4 permit to open "a janitorial service" in property formeriy occupied by a small "custom welding 5 shop," commonly known as 841 Hudson Road and legally described as contained in the records 6 of the zoning file noted above; and 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the Commission's Zoning Committee on July 20, 2000, conducted a public hearing after providing notice to affected property owners and submitted a recommendation to the Commission. On July 28, 2000, the Commission approved the non-conforming use permit far the janitorial service based upon the following findings and conclusaons as set forth in Commission Resolution No. 00-47: The applicant, Steve Kissell, has a purchase agreement for the property at 841 Hudson Street, where he intends to locate his janitorial service business, Linn Building Maintenance, which is currently located in Maplewood. The applicant states that the inside of the building will be renovated and the outside facade and grounds will be redone to reflect a professional appearance. The site plan notes that the applicant intends to plant ivy along the existing fence. 2. The applicant states that there is a total office staff of four, and that, other than new applicants, there would be little or no visitor traffic. Office hours aze to be from 7 am. to 6 pm. The applicant states that the company conducts its business strictly at the clienYs offices, that it keeps its equipment and supplies at the businesses it services, and that 95 percent of its employees report directly from home to the client location. The company also has four vans which are used by employees in the business. The employees work days or nights; the day shift generally begins between 5-7 am. and concludes mid to late afternoon; the night shift begins approximately 5 p.m. and concludes in the late evening/eazly morning. 4. The applicant has provided a site plan showing a proposed asphalt parking lot with seven parking spaces, including one handicapped space, to be accessed from Hudson Road. The site plan shows the existing yard would be surfaced with Class 5 aggregate. RESOLUTION CITY OF SAINT PAUL, MINNESOTA i O�I�i��L o0_��8� 2 3 5. Section 62.102(i)(3) of the zoning code states that the plamiing commission may allow a 4 nonconfonniug use to change to a use pernutted in the district in which the 5 nonconfonviug use is first allowed, or a use pernutted in a district that is more restrictive 6 than the district in which the nonconforming use is first allowed, if the commission 7 makes the following findings: 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 0 2. c. fA WHEREAS, pursuant to the provisions of the Saint Paul Legislative Code § 64.206, the Dayton's Bluff District 4 Community Council duly filed an appeal from the determination made by the Comxnission and requested a hearing before the City Council for the purpose of considering the actions taken by the Commission; and The proposed use is equal[y appropriate or more appropriute to the neighborhood than the existing nonconforming use. This finding is met. The previous nonconfoi�ning use, a welding shop, is first pernutted in the B-3 zoning district. The proposed use, a janitorial service, is also first pernutted in the B-3 zoning district. Tr�c should be manageable and proposed improvements to the site should be an improvement over the existing condition of the properry. The traffie generated by the proposed use is similar to that generated by the existing nonconforming use. This finding is met. Traffic generated should be minimal, with comings and goings of employees occurring only at only few times per day, and little visitor traffic. The use wi[l not be detrimental to the existzng character of deve[npment in the immediate neighborhood or endanger the public health, safety, or general welfare. This finding is met. The proposed use should have manageable traffic impact with the access to Hudson Road facing I-94 and most business activity occurring off-site. While vans will be coming and going during late night hours, there are few of them. The planned improvements should be an improvement over the existing appearance of the property. The use is consistent with the comprehensive plan. This finding is met. While this property was rezoned to RT-1 in conjunction with the Dayton's Bluff Smal1 Area Plan, with the intent tn encourage the eventual redevelopment of the area with residential uses, the zoning code does provide for allowing nonconforming uses to change to similar ar less intense nonconforming uses. The City's Land Use Plan supports mixed uses in traditional neighborhoods. 48 WHEREAS, acting pursuant to Legislative Code §§ 64.206-64.208 and upon notice to 49 affected parties, a public hearing was duly scheduled for September 6, 2000, in the chambers of 50 the Saint Paul City Council; and Page 2 of 3 1 3 �'{ ��L �o-��1g ��`� 2 REAS, on September 6, 2000, the Council moved to lay the public hearing over to 3 September 20, 2000, for the purpose of deternuning whether the Dayton's Bluff Neighborhood 4 Housing Services Organization would undertake to purchase the properry for the purposes of 5 developing the property for residential use as identified in a previously adopted City housing 6 plan; and 7 8 WHEREAS, the Council reconsidered the matter on September 20, 2000 and the 9 Council, ha�ing considered the application, the report of staff, the record, minutes and resolurion 10 of the Zoning Committee and of the Plauning Commission; does hereby 11 12 RESOLVE, to grant the appeal based upon the following findings: 13 14 1. The Planning Commission's detennination to approve the non-confonning use permit 15 application was in error. The Council notes that the property was rezoned in 1990 to a RT-1 16 residential district zoning classification. The proposed use is a commercial use. 17 18 2. A non-profit agency has proposed to acquire the subject property for residential development. 19 This offer to purchase the subject property for residential development consistent with the 20 properiy's residential zoning classification and the City's overall comprehensive plan shows that 21 there is no significant hazdship in marketing the property. Hauing the property revert to 22 residential use is in conformance with the comprehensive plan. Allowing a new non-conforming 23 use will be detrimental to the residential development of the neighborhood. 24 25 26 27 28 29 30 AND BE IT FURTHER RESOLVED, that the appeal of the Dayton's Bluff District 4 Community Council be and is hereby granted; AND BE IT F'INALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Dayton's Bluff Disriict 4 Community Council, Steve Kissel, the Zoning Administrator and Planning Commission. ORiGiNAL Requested by Department of: Adoption Certified by Council Secretary By: Form Approved by City Attorney By: �/�(/6h��i�M�r� �Z-IZ. Approved by Mayor for Submission to Council BY � �F—� d, 1-�.�, � Approved by Mayor: Date ��'!V` ' < � BY � �� Z ia� � v Adopted by Council: Date � e� _� Tc�vtye d0 -11�1 q� Peter Wamer December 20, 2000 �� wa Rounxc onoec TOTAI # OF SIGNATURE PAGES GREEN SHEET oo�un�ruiam�e No 10�002 � ❑ GIYAl1qUEY ❑ OrvCIiPR ❑ nuwcuLLaaneecsow. ❑ wwcw.+ ❑r�voR�ae�ranwn ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Resolution memorializing the decision of the City Council on September 20, 2000, granting the appeal of Dayton's Bluff District 4 Community Council to a decision of the Planning Commission granting a change of non-conforming use permit.to change from a small custom welding shop to a janitorial service at 841 Hudson Road. PL4NNING COMMISSION CB CAMMI7TEE CML SERVICE CAMMIS: s S�URCE 266-8710 Hae thie PeraoNfirm B�wwired under a carA�act farfhic �paAment? VES No Flas tlxs P�rm erer 6een e cRY empbyee4 YES NO Daec Mis Dersonlfirm 0� a sidk not normnllyD� M' anY curteM dF/ emW%'ee? YES NO IathiePe'saJfi,mataryetetive�doft � YES NO COST/ItEVENUE BUDOflED (CIRCLE ONE) ACTNITY NUMBER YEE NO INFORMA770N (FJ�WN) SA�NT I r�Ut � II��A APPLICATION FOR APPEAL Department of Planning and Economic Development Zoning Section ZI00 Cit}� Hall Annex 25 YT'ut Founh Street Saint Paul, MN 55102 266-6589 APPELLANT PROPERTY LOCATION oo- ��&� Name�layton's 31u=f Dist. 4 Conmunity Council Address�98 East 7th St. Attention: John Vaughn City St. Paul gt �IN Zi 55106 Daytime phone z�75 Zoning File Name �00-133-277 (Apolicant: Steve Rissel) I Address/Location 841 xudson Road i TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeais CJ City Council under the provisions of Chapter 64, Section64. 20,�aragraph E a? of the Zoning Code, to appeal a decision made by tfie Plannina Commission on July 28th ,�(g2000 File number: 00-133-277 (date of decision) GROUNDS FOR APPEAL: Explain why you feel there has been an erzor in any requirement, permit, decision or refusai made by an administrative officiai, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Pianning Commission. The Planning Commission nade an error of finding in regards t grantinq a Nonconforr�ing Use Permit to Steve Kissel at 841 Hudson Road for the followina reasons: 1)that tne Plannina Comr�ission was, to the best of our knowledge, unaware that th Housing and Redevelopment Authority had already approved fi- nancina for the Daytoa's Bluff City Development Program, whic specifically identifies 841 Hudson Road as a site for new tow home units, 2;that the Dayton's Bluff Small Area Plan and Forty Acre Study, which is still in force, specifically iden- tifies 841 Hudson Road as a site where comr.tercial uses should be phased out 2nd conversion to residential should occur, and 3)that the same Study also states that future zoninq ch=nges should designate 8�1 Y.udson Road as "RT-1 Tcao r^anily'. additiona! sheef if necessaryJ ApplicanYs � �j;�- Date K�i �-lov City I�� - J �C?C7 �IL �1�(� 00 _,�'� g� � city of saint paul planning commission resolution file number o0-4� date �-ZS-oo WHEREAS, STEVE KISSEL, file �00-133-277, has applied for a Nonconforming Use Pemut under the provisions of Secrion § 62.102(3) of the Saint Paul Legislative Code, to change from a small custom �velding shop to a janitorial service, at 841 Hudson Road; legally described in the file; and WHEREAS, the Zoning Committee of the Planning Commission, on 07/20/00, held a public hearing at �vhich all persons present were given an opportunity to be heazd pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearin� as substantially reflected in the minutes, made the following findings of fact: The applicant, Steve Kissell, has a purchase ab eement for the progerty at 841 Hudson Sh�eet, where he intends to locate his janitorial service business, Linn Building Maintenance, which is currently located in Maplewood. The applicant states that the inside of the building will be renovated and the outside facade and grounds will be redone to reflect a professional appeazance. The site plan notes that the applicant intends to plant ivy along the existing fence. � � 2. The applicant states that there is a total office staff of four, and that, other than new applicants, there would be little or no visitor traffic. Office hours are to be from 7 a.m. to 6 p.m. 3. The appiicant states that the company conducts its business strictly at the clienYs offices, that it keeps its equipment and supplies at the businesses it services, and that 95 percent of its employees report directly from home to the client location. The company also has four vans which are used by employees in the business. The employees work days or ni�hts; the day shift generally begins between 5-7 a.m. and concludes mid to late afremoon; the ni�ht shift begins approximately 5 p.m. and concludes in the late evening/early moming. 4. The applicant has provided a site plan showing a proposed asphalt parking lot with seven pazldng spaces, including one handicapped space, to be accessed from Hudson Road. The site plan shows the existing yard would be surfaced with Class 5 ago egate. 5. Section 62.102(i)(3) of the zoning code states that the planning commission may allow a nonconforming use to change to a use permitted in the district in which the nonconforming use is first allowed, or a use permitted in a district that is more restrictive than the district in which the nonconforming use is first allowed, if the commission makes the following findings: moved by F�e�d seconded by _ in favor 9 against 7 (Johnson, Kramer, Donnelly-Cohen, McCall, Ger Dandrea, and Koag) Z.F.#00-133-227 Page 2 of Resolution � Tlae proposed use is equally appropriate or more appropriate to tke neighborhood than the existing nonconjorming use. This finding is met The previous nonconforming use, a we(dinn shop, is firstpermitted in the B-3 zoning district. The proposed use, a janitorial service, is also first permitted in the B-3 zoning district. Tra�c should be manageable and proposed improvements to the site should be an improvement over the existing condition of the property. b. The traffic gene�ated by the proposed use is similar to that generated by the existing nonconforming use. This finding is met. Traffic generated should be minimal, with cominas and goings of employees occurring only at only few times perday, and little visitor ua�c. c Tlte use wi11 not be detrimental to tJse existing c/:aracter of development in the immediate neigl:borhood or endanger tl:e pubLic liealth, safety, or general welfar� This finding is met. The proposed use shouid have mana�eable traffic impact �vith the access to Hudson Road facing I-94 and most business activity occurring off-site. While vans will be coming and going during late night hours, there aze fe�v of them. The planned improvemenu should be an improvement over the existina appearance of the property. d Tlre use is consistent with the comprehensive plan. This findina is met. While this property was rezoned to RT-1 in conjunction with the Daytons Bluff Small Area Plan, with the intent to encoura�e the eventual redevelopment of the area with residential uses, the zonina code does provide for allowina nonconforming uses to chan�e to similaz or less intense nonconformina uses. The City's Land Use Plan supports mixed ases in traditional neighborhoods. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission. that under the authority of the City's Legislative Code, the application for a Nonconforming Use Permit to change from a small custom welding shop to a janitorial service at 841 Hudson Road is hereby approved. i �J • ae - \\'1� � �� D ayton's B luff • �, � District 4 Community Council /■. ` 798 E. 7th Street, Saint Paul, MN 55106 • Phone 651-772-207� • Fax 651-774-35I0_ .. Visit our web site at www.daytonsbluff.org July 12, 2000 St. Paul Zonittg Commission Zoning Committee 1100 City Hall Annex 25 West Fourth Stseet St. Paul, �v1N SSIC2 Dear Committee Members: On July 10, at a regular Housing, Land Use, and Commuaity Development meeting, the board of the Dayton's Bluff District Four Coznmunity Council (DBD4CC) discussed the non-confocming use application fmm Linn Building Maintenance for 841 Hudson Road. � Since we did not receive notice from the Ciry of this application until 7uly 7'�, our attempts to contact Steve Kisseil, a co-owner of Linn Building Maintenance, were confined to one business clay and did not survive the severaI exchanges of inessages that took place. Therefore, neither he nor a representative of his business were present on July 1Qth. It is doubtful, however, that his presenca wauld have affected the outcome of our discnssion. It is the stron� feeling of our board that the string of non-conforming uses for 841 Hudson Road stop and that it remain RT-1. This is no reflection on Linn Building Maintenance. We simply feel that the surrounding neighborhood would be better served by 841 Hudson Road remaining RT-i. Thank you for your consideration. I can be reached at 772-2075. Sincerely, ./t/ John Vaughn, Community Organizer � Cc Councitmember Katky Lantry Linn Bniiding Maintenance � ��e��u�i�a� �I t 'f ' I /! f f/ I � I u�u��u � � � ',, �. Ju1y 12, 2000 Zoning Committee City of Saint Paul Planning & Economic Development 1400 City Hali Annex 25 West Fourth Street St. Paul, MN 55102-1634 Re: Fi1e �00-133-271 � ,,� � Q�.-�Q+� t 8 2a�. p � S Approval of this change would be good for all toncerned: the building would be greatly improved, enhancing the area; the City would benefit financial7y; and an on-going, estabiished business would bolster the economy in the Dayton Biufif area. The janitorial service is not a retail business, so there wauld he no problem with parkinq, or excess traffic. A building maintenance business would ensure this good, old but well-buiit buiiding would not deteriorate, but would increase in value; again, an asset to the City. I support this change. Sincerely, �� Dorotfiy S. Voth � � L_ J oo-�t�Y" � MINUTES OF THE ZONING COMMt1TEE Thu�sday, July 20, 2000 - 3:30 p.m. .. City Council Chambers, 3' Ftoor City Hall and Court House 15 West Kettogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Fie(d, Kramer, Marde!! and Morfon Engh, Gervais Caro! Martineau, Allan Torsfenson, Nancy Frick of PED The meeting was chaired by Commissioner Field. Linn Building Maintenance • OQ-933-277 - Nonconforming Use Permit to change from a small custom welding shop to a janitoriai service. 841 Nudson Road, norfhwest corner Hudson Road and Bates. Nancy Frick showed slides and presenfed the staff report. Ms. Frick stated District 4 Communify Councii recommends deniai of the Nonconforming Use Permit. She aiso stated fhe Zoning staff recommends deniai o{ the permit. � Upon questions of Commissioner Morton, Ms. Frick exp(ained that fhe Neighborhood Nousing Service has shown interesf in buying fhe properfy but did not know the terms of any offe�s that were made. The buiiding has been vacant about 6 months. The neighborhood is predominantly residential with the nearest residents across the street on Bates and adjacent to the properry. Commissioner Field suggested thaf a purchase price from a different party is pertinent to ihe case because of property vatue issues and should be part of the record. � At the questions of Commissioner Kramer, Ms. Frick stated the properly is zoned RT-1 and can accommodate townhouses, and dupiexes. The lot is 16,000 square feet with frontage on Bates .. and Old Hudson ftoad. Upon question of Commissioner Faricy, Ms. Frick explained fhe Community Development Corporation is financed through different sources including the City Star Grants CDBG, or other housing programs, and income generated through their programs. Mr. Steve Kisseli, the applicant appeared and stated he would answer any Guestions. Ken Tholkenton, the real esfafe agenf for fhe property, stated the property was on the market for over 190 days before getting the offer from Linn Buifding Mai�tenance. The Neighborhood Housing Service inquired about the property but never made a formal offer. Ths lot is a triangie of 170 x i50 feet with the long leg of the triangle focated on Hudson Road within 60 feet of fhe freeway which makes it di�cult to market for residential. At the quesfion of Commissianer Kramer, Mr. Tholkenton stated the freeway is located about 60 feet from the property with the wall dividing it. Upon question of Commissioner Mardeil, Mr. Tholkenton stated the buiiding is 5500 square feet � Zoning Gommittee Minutes Juiy 24, 2000 Fi1e #: 04-133-277 Page 2 on the main floor with a basement. Ms. Dorothy Voth, Owner of Property, appeared and stated the building is not feasibie for residentia(, it was buitt for a business. The buiiding tooks over the freeway with a fence in between and the view is not attractive. The public hearing was dosed. Commissioner Kramer moved to deny the No�conforming Use Permit wifh a request that the staff report 3nc{ude references to the St Paul Housing Plan. The motion died for lack of a second. Commissioner Faricy explained the property is too close to the freeway which makes the locat+on unsuitabie for housing. She also stated an empty building is detrimenta{ to fhe neighborhood and the plans for #his building wiil add to the neighborhood. Commissioner Faricy moved approval of the Change of Nonconforming Use Permit. Commissioner Mardell seconded it. At the question Commissioner Field, Mr. Torstenson sfatad the housing plan was passed in 1999. Commissioner Kramer exptained he wouid not support the motion because the property was rezoned. The lasf nonconforming use that was in the neighborhood was a major probtem. The site has no freeway access which makes it undesirable for business use. , - After further discussion the motion passed by a 4-1 vote. Adopted Yeas - 4 Drafted by: �� Carol Martineau Recording Secretary Nays -1 (Kramer) Submitted by: � ��. Nancy F ick Zoning Section Approved by: ` itton �ield Chair � . oo—i\`!� • ZONING_COMMITTEE STAFF RSPORT -__�______________ FILS # 06-133-277 1. APPLICAL•TP: STEVE ICISSELL DATS OF HSARING: 07/20/00 2. CLASSSFSCATION: Change in Nonconforming Use 3. LOCATZON: 841 HUDSON ROAD . � 4. PLANNING DISTRICT: 4 5. LEGAL 6. PRBSENT ZONING: RT-1 see file ZONING CODB.RSFER8NC8: §62.102(i?l3) 7. STAFF SNVESTIGATSON AND REPORT: DATE: 07/13/00 BY: Nancy Frick 8. DATE REC$IV�: 06/20/00 DEFiDLINB FOR ACTION: OS/19/00 ---- '___� ='oc=eo_'000�co=cocco--cav0000va'�voovo'v_ �c='ca"ccvccsocccoccc��cao=ccce-- A. BIIRPOSS: Nonconforming use permit to change from a sma1Z custom welding shop to a janitorial service_ B. PARCEL 5528: The triangular-shaped parcel has about 230 feet of frontage on Hudson Road and about i42 £eet of frontage on Bates Avenue far a total lot area of about 16,200 square feet. C. EXISTZNG LAND IISB: The property is occupied by a single story commercial building, which is vacant Hut was previously used as a welding shop. '£here is also a fenced-in parking area to the west and a corner of vacant land. D. SIIRROtJNDSNG LAND USE• North: Small office building and residential uses in an RT-1 zone. East: Commeraial uses in an RT-1 zoning district. South: Interstate 94 in an RT-1 zoning district. West: Residential uses and Interstate 94 in an RT-1 zoning district. E. ZONING CODE CITATION: Section 62.102(i)(3) o£ the zoning code states that the planning cammission may a21ow a nonconforming use to chaage to a use permitted in the district in which the nonconforming use is first allowed, or a use permitted in a district that is more restrictive than the district in which the nonconforming use is first allowed, if the coaun:ssion makes the findings detailed in Section H of this report. F. HSSTORY/DZSCIISSION: In 1990 this property was rezoned from B-3 General Business to RT-1 Two-Family Residential as part of a small area plan and a0-acre zoning study of the Lower Dayton's Bluff area. 2n 1957, the Planning Commission granted a nonconforming use pesmit to a21ow a welding shop and single family residence on this property. In 1998, =he Planz±ng Commission considered a request from the City's zoning administrator to Zoning File #00-133-277 Page 2 revoke this nonconforming use permit for noncompliance with tfie conditions � of the permit. Following a public hearing, the Planning Commission modified the nonconforming use permit to specify how parking and storage space could and could not be used. . G. D23TRSCT COIINCIL RECOr4f8fIDAT20N: On July 10, 200Q, the District 4 Community Council voted to not support the application. H. F223DINGS: 1. The applicant, Steve Kissell, has a purcRase agreement for the property at 841 Hudson Street, where he intends to locate his janitorial service business, Linn Building Maintenance, which is currently located in Maplewood. The applicant states that the inside of the buildinc3 will be renovated and the outside facade and grounds will be redone to reflect a professional appearance. The site plan notes that the applicant intends to plant ivy along the existing £ence. 2. The applicant states that there is a total office staff of £our, and that, other than new applicants, there would be little or no visitor traffic. Office hours are to be from 7 a.m. to 6 p.m. 3. The applicant states that the aomgany conducts its business strictly at the client`s offices, that it keeps its equipment and supplies at the husinesses it services, and that 95 percent of its employees report directly from home to the client location. The company also has four vans which are used by employees in the business. The employees work • days or nights; the day shift generally begins between 5-� a.m. and concludes mid to late afternoon; tfie night shift begins approximately 5 p.m, and concludes in the late evening/early morning. 4. The applicant has provided a site plan showing a proposed asphalt parking lot with seven parking spaces, including one handicapped space, to Be accessed from Hudson Road. The site plan shows the existiag yard would be surfaced with Class 5 aggregate. S. Section 62.102(i}(3) of the aoning code states that the planning commission may a11ow a nonconforming use to change to a use permitted in the district in which the nonconformiug use is first aSlowed, or a use permitCed in a district that is more restrictive than the disCrict in which the nonconforming use is first allowed, if the commission makes the followiag findings: a, Tke proposed use is equaZly appropriate oz more appropriate to the neigkborhood thaa the existiag aoaconformiag vse. This finding is met. The previous nonconfozming use, a welding shop, is first permitted in the B-3 zoning district_ The proposed use, a janitorial service, is also iirst permitted in the 8-3 zoning district. Traffic should be manageable and proposed improvem=_nts to the site should be an imgrovement over the existing condition of the property. � b. Tke traffic 9eaerated by the proposed use is similar to that _- t _ --1 Zoning File �00-133-277 Page 3 o • geaerated by the existiag noaconforming use. � This finding is met. Traffic generated should be minimal, with comings and goings of employees occurring only at only £ew times per day, and little visitor tra£fic_ c. The use will aot be detrimeatal to the existiag cfiaracter of developmeat fa tIze i.�ediate neiglxbozhood or eadaagez the pssb2ic heaZth, safety, or geaera2 welfare. This finding is met. The proposed use should have manageable traffic impact with the access to Hudson Road facing 2-94 and most business activity occurring off-site. Whi1e vans will be coming and going during late night hours, there are few of them. The planned improvements should be an improvement over the existing appearance of the property. ' . d. The use is consistent with the comprehensive plaa- This finding is not met. The property was rezoned from B-3 to RT-1 in 1990 as part of the Lower Dayton's Bluff Small Area Plan, which is part of the City's comprehensive plan. The intent was to encourage the eventual redevelopment of the area with residential uses. The code provides for allowing nonconforming uses to change to . similar or less intense nonconforming uses, specifically noting that doing so can be more desirable than requiring them to be vacant if they cannot be converted to conforming uses." (Sec. 62.102(a); emphasis added) When determining whether or not it is advisable to permit a new nonconforming use at a site, the planning commission should therefore consider how likely it is that a conforming use can reasonably be expected to be established at the site within the foreseeable future. Representatives of the Dayton's Bluff Neighborhood Aousing Sexvice (DBNHS), a community development coxporation long active in housing rehabilitation and development in the Dayton's Bluff area, have informed zoning staff that DBNfiS has contacted the owner o£ 841 Hudson with a proposal to acquire the pxoperty, clear the building, and develop the site as residential. This willingness by the DBNfiS to invest in triis property for residential use runs counter to the notion that the site cannot be converted to a conforming use. Staff finds that it is not unreasonable to expect that the intent of the comprehensive plan, that this property be redeveloped as residential, could be ful£illed. I. STAFF RECOE�II2ENDATION: Based on Finding 5(d), staff recommends denial of the change in nonconforming use permit. • CITY OF SAINT PAUL Norm Coleman, Mayar December 14, 2000 Nancy Anderson Council Secretary 310 City Ha11 15 West Kellogg Blvd. St. Paul, MN 55102 OFFICE OF THE CITY ATTORNEY y Clayfon M. Robinson, Jr., Cfry Atdorney 0 � � ��10 Civi[ DivisiOn 400CiryHa17 Telephone:651266-8710 ISWesiKelloggBlvd. Facsimi[e:651298-i619 Saint Paul, Minnuota 55102 Hand Delivered Re: Dayton's Bluff District 4 Community Council Zoning File No. 00-140458 City Council Action Date: September 20, 2000 Deaz Nancy: Enclosed please find a signed Resolution memorializing the Council's decision of September 20, 2000, to grant the District 4 Community Council Appeal in the matter of the application of a non- conforming use permit for 841 Hudson Road. It would be appreciated if this matter could be placed on next week's agenda, or the earliest agenda thereafter. If you have any questions, please don't hesitate to contact me. Very truly yours, '�..�� . G�c�.�-c_.� Peter W. Warner �� Assistant City Attorney PWW/rmb Enclosure DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Director �C7—\\��" 3a CITY OF SAIIVT PAUL Norm Colemars, Mayor E�llgtlSl Z2, 2�� Ms. Nancy Anderson Ciry Council Research Office Room 310 City hall Saint Paul, MN 55102 Dear Ms. Anderson: 25 West Fourth Sbeet Saint Paul, MN 55702 Telephone: 651-266-6626 Facsimile: 65I-228-334I I would like to confirm that a public hearing before the Ciry Council is scheduled for Wednesday, September 6, 2000, for the following appeal of a Planning Commission decision approving a change of nonconforming use permit. Appellant: F�le Number; Purpose: Address: Legal Description of Property: Previous Action: DAYTON'S BLUFF DISTRICT 4 COMMUNITY COUNCIL #00-140458 Appeal a Planning Commission decision granting a Change of Nonconforming Use Permit to change from a small custom welding shop to a janitorial service. 841 Hudson Road Willius Subdivision of Block 57 of Lyman Daytons Addition to Saint Paul Subj to esmts and ex SWIy 10 fr. for alley; NWIy 73.91 ft. of Lots 1 thru 3. Block 57 Planuing Commission approval; vote 9-7, July 28, 2000 Zoning Committee approval; vote 4-1, July 20, 2000 My understanding is that this public hearing request will be announced at the August 23 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. L� � �I /!j`�_ . Patricia James Clty P13ilI1Cr cc: File #00-140458 Paul Dubruiel Carol Martineau Wendy I,ane, LIEP -�sti.�unv� .NOTICE OF POB7dC $EARII�IG - The 3amt Faul (�ty Councal.wiIl con- duct a, on Wednesday,� Sep'tember 6: 2000, aY 5:30 �p.m. - in The CiLp Council Chambers, Third Floor City Hall, 15 4Vest- Kellogg Boulevazd, Saint Paul, MN, to consider_ the appeal of Da}rton's Bluff Mstrict �4 Community �Councll tq a decision of the ��n*+;*+g Commission granting a Change of . Nonconforming Use Permit to change from a small cusfom welding shop to a janitori- al sexvlce at 841 Hudson Road. �eea: A��m� zs, z000 " rrntvCSrnxxDERSOrr ' _ AssistanY..City Counctt Secretary _ ' - ' (Angust 31) - - _--==�37:, PADL LECrAL TEDC�.R -,-- - 0201�5$7 / . - _ -- . DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT BrimfSweeney, D"uettor CITY OF SAINT PAUL Norm Caleman, Mayor �r� August 22, 2000 Ms. Nancy Anderson Secretazy to the City Council Room 310 City Hall Saint Paul, MN 55102 25 Wen Fou�th Street Saint Paul, MN 55102 00 -�1'1S� TeTephone: 651-266-6616 Facrimile: 651-228-3341 RE: Zoning File #00-140458 DAYTON'S BLUFF DISTRICT 4 COMMUDtITY COUNCII. Ciry Council Hearing: September 6, 2000, 430 p.m. City Council Chambers PURPOSE: To consider the appeal of the Aayton's Bluff Aistrict 4 Community Council to a Planning Commission decision granting a Nonconforming Use Permit to Linn Building Maintenance to change from a small custom welding shop to a janitorial service. PLANNING COMMISSION RECOMMENDATION: APPROVAL vote: 9-7 ZONING COMMII"TEE RECOMMENDATION: APPROVAL vote: 4-1 • STAFF RECOMMENDATION: DENIAL SUPPORT: 1 person spoke and also sent a letter. OPPOSITION: no one spoke. I.etter from Dayton's Bluff District 4 Community Council Dear Ms. Anderson: LINN BUILDING MAINTENANCE submitted a request for a Nonconfomung Use Permit for property at 841 Hudson Road, to permit a change from a small custom welding shop to a janitorial service. The Zoning Committee of the Planning Couunission conducted a public heazing on ffie application on July 20, 2000. Staff presented a report recommending denial. The property owner spoke in support. The applicanYs realtor testified, and the applicant was present to answer quesrions. At the close of the public heazing the committee voted 4-1 to recommend approval of the Nonconforming Use Permit. The Planning Commission upheld the Zoning Committee's recommendation for approval on a vote of 9-7 on 7uly 28, 2000. This appeal is scheduled to be heard by the City Council on September 6, 2000. Please call me at 266- 6639 if there are any questions. Si rely, y�� . � Patricia James City Planner • Attachments cc: File # 00-140458 City Councilmembers o a _ �� NOTICONFORMtNG USE PERN(IT APPLICATION • �� Department of Planning and Economic Development `�� Zoning Section II00 Ciry Hall Annex 25 West Founh Street Saint Paul, MN 55102 166-6589 APPLICANT �� Name S�vl �:5�\� Address ��1 S\Cl-�' �1� �.�� 25 City ��.'�Gw� St.IU,� Zip S'�\l Daytime Fhone L'S\ 77`S'�322 Name of owner (if different} Contact person (if different) Phone PROPERTY Address/Location �� \ �r LOCATION Legal descriptiorn2��;�;3� �.�� e E'yRc�c s�� ..,;��• S�.e�;.,=s. c�� L.�•o..�� y�.,..� c��:�:.... fattach addrtionaf sheet if necessary, — SY�a\� TYPE OF PERMIT: Application is hereby made for a Nonconfortning Use Permit und=r provisions of Chapter 62, Section 102, subsection i, Paragraph 3 of the Zoning Code. The permit is for: C� Change from one nonconforming use to another (para. 3 in Zoning Code) ❑ Re-esta5lishment of a nonconforming use vacant for more than one year (pare. 5) ❑ Legai estabiishment of a nonconforming use in existence at least 10 ysars (para. 1) ❑ Eniargement of a nonconforming use (para. 4) SUPPORTING INFORMATION; supply the information that is applicable to your type of permit. CHANGE IN USE: PresenUPast or RE-ESTABLISHMENT: Proposed usi Zoning � �—\ Additionai information for ali applications (atfach additional sheets rf necessary): � `Required site pian is attached � Appiicant's � [� ��!J S=; C° 3 �� , Date Ci � ==4 City agent � �� °:� , � �. LINN BUILDING MAINTENANCE 2126 Burr Street • St. Paul, MN 55117 • 651-778-1322 June 19,2000 Saint Pau} Planning Commission Zoning Committee 1100 City Hall Annex 25 West Forth Street Saint Paut, Mn SSIOZ Dear Committee: This letter is in regards to a Non-Conforming use permit for the property located at 841 Hudson Road. The progosed nse for Yhis property is to house the offices for Linn Building Maintenance (a janitorial company). This plan will be more appropriate the its existing use as a weldiag shop (the building is currently vacant). The inside will be renovated and the outside fa�ade and grounds will be redone to reflect the reputation of Linn Buiiding Maintenance as one of the leading janitoriai service companies in the Twin Cities area. The traffic generated by tltis office will be minimal. Linn Building Diaintenance conducts its business strictly at our client's offices. The main traffic to and from the building wili be future employees and our office staff of four. This proposal will in no r►-ay be detrimental to the surrounding area. Lian BuiIdine Maintenance provides a safe aud clean environment which, as mentioned above, will be re��amped to promote the professional appearance, inside as weIl as outside. Thus, the structure and grounds will blend in well to the existing enr•ironment In addition Linn Building blaintenance will be able to offer employment opportunities to the surrounding neighborhood. This wilt fielp promote the generai welfare of the existing community. Enclosed you wiil find a site plan including the projected parl:ing lot and landscape plan. Linn Building Maintenance suarantees that its use will be consistent with that of this overall proposa[. Sincerely, � �X-c� � ��"`�i`"u`'''�2� Steve Iiissell & Jeff Kissell � • t�ihlcLU..��..iT. • • •� • �•• ' �' �� \� l � � 2cA:10R CONIl1�RCIAI�INDUS'Z'�iSAL PIJRCHASE AG�EMENT in�s AssoNaGOn a�sdaime any �iablllry arisn9 oul of �:e o� mis�se ot Sr,�9 fcrm, �6f/tfY�+�- �,it,e�U > I'�IN, �/� � �� . �00 RECEtvED OF o�Trvi� r - a4� r �'-�- �hc sum of �'� T�� (� 7 �• � � ) DOLI.ARS as earnesL money and in ec __ 7L_T .�_� � --�i. — - Counco of �i(�2^'�� >' . S�n� of Minnesora, and legally described cogether with foilowing pecsonal propeay: �rayment for [he purha�QtZprop=m� j�L4zL32o�fi �' s�cuat� �� EO110WS: ��- n�� .. �i oF wh�ch properry the undersigned has ihis day��ld ro� th�nyer for the sum of: �/�� n^'��'�y ��'"� �'; �� _�5 �� i3pLI,ARS, which rhe Buyer agrees ro pay in [he foilowin� mermer: f-F Eames� money hemin paid S 7� � a � a�d S� �. cash, on •�^•� �, dv � 1 da� oF closin� and the balance of S 1 �g..}�� O— by financing a5 Shown on the 2ttach:d z�er.du '�' �UEED��I?.I2.ECE'IAJ3LE TITI.E: Subjett co perforrn3nce by the Euyer, the Setler agrees w execucz zrd dcli�'er a�Xl�-T��' �i'arr;ny Decd con�cyin� mzrke�ble ade co said ptetnises subject only to the fo(lowing exceptions: (a) Building and zoung laws, ordinznces. Sc�� and Frderal regulaoons. @) R:s¢icdons reladcb ro use or in�prov�cn: of �he przmises � i�`,cuc effec:i�e forfciture pro�ision. (c) R:servzaon of any minetsls or mineral cighcs ro the Statc oE �B(nnesoca. (d) Uelity 2,d dcau;a ;e e�er:•,er:s whith do not"ineerfere wirh pre;znt ir.tpro�emena. (e) Righcs of tznancs as foUoWS: dA-� -- ? REAJ., FSI'��TE'GUCFS. Rzal eseace c�es due snd payable in the yeu of closin; shaU be p;ocated 6etw�.n ScL'cr ard Buyer on z cr1c-`r y:zr basis co the acmat dare of closing uelcss ou5crwise pro�ided in this Agceemene. Rzxl estsce t�es pzyabte ia 4'�e years prior to ctcs:a; sha!t 9c paid by SeUer. Rzal esu� taxes paysb:e in t�'�e years subsequ.nt W closing shaL bz pzid try Buycr. 3 SPECI.AJ, ASS' ` [Svikc ouc one.j BUXF.�t AivD SELLER SHAI,L PRORA'PE AS OF Tf�� DATE OF CIASL�G . 56LL JtiAI.L PAY n �1e dace of dosing zi insvllmen� of special assessmen� cervfied fer paymenc with she re�l es�ete ��as �=� an p.� a c u� the yea; of dosir,�. (5� ike out onc.) IILYF.R SHA�,L ASStthfE SELLER SHA.LL PAY ON AA'IE OF CIASL`IG � other spe.^:d asscs;n�ea�s le�:^:. as of �he dace of chis Agrezmznc. �Svilce oue one.) SCh'P.R SfIALL PSSG'�t1E S£LLEP. SHP,I.L PROYIDE FOR � •�' special 2nessmenes p2zu�n� � of ehe daL of this Agceemznt for improvemen[i at ave beer or er e Ciry Council oc o�he: govenmene: assessir.= ac:��o. (Setler's pro�ision for paymene shall he by Qaymenc inco escrow of 1'F times the estitn:ted amount cf the assessmenu.) If a�fxci�l assessment become> pending after the dz!e of this A�reemen[ and beEore fiz dac: of closag, Suyc: r.:ay, a[ Buye: s op::�^ (a) .�ssume payment of the p�:nding specis assessment withouc adjusm:nt to the purchase price; or (b) Require Sei;er co pzy ��e �r�= € s�ecial assessment (or escmw fo; paymenc of same a sum equal co P� cime; [he projecul pe;�ding assessmanU xnd Buyer s:i1 pa � ce:rvnersu:ate increase in the purchase p;icc eF �he properry. whi=h increase shall be the szne as 4'�e esncnau�i ztrco�t of t.c assnsr..='.t or (c) Dectzre �1vi Agreenene rull znd void by roccz co Sellet, end tarnest money shall be reFunCed to $ey::. � Sefir, shall pay on dace of closing anY defertzd real esa�e ��es or special assessmena payment which u reau_�ed zs a res1:: ot i.� �:-_-'`- o; rtus rzla. = PROI2ATIO; iS. � items customari:y Frorated and adjuscad in connecr.or, wich che c(osu:g of c:�e sie of che p ::?e'ty rcrei:� 4��i=� '= Sut oot linuted to rcns, cozracing �parazs. inte:es: on any debt assa�ned by Buye,, sh�!1 be prorate:: as cE c}�e �'ce of cios,r_ 1: >"= pe a»umeG thae Ne Huye: will own C�e properry for [he enci*c dace of che ciosin3. 5. U:ti�I1GES TO RE4l, PROPERTI'. Ii u�cre is 2.y loss oc d?mage to the properry btutc, «c �:e hereo.° �_ � che c:.wce e: :.=:-'.°-. . . . .. __� _ n �' "._ , ceil�. i: rh< n.nro�r i< r1>vrnV>:� n' S:]bi'3�:J3�Y GZ722G� �'flb7_ C._ :�QSUiY. L��:S F:: ".-0' �JUN-20-�0 TUE 1�:16 Ait BURNET REftLTY W8L JUN-13-00 NE 71�58 htl BURN'eT REkL7Y Wfll, � liKe�O � � FAX N0. 9?40 FFR N0. 9940 r. oz P. 02 ADDENDUM TO PURCHASE AGAEEMENT cuwx Th� wm, aoa�a tr� �ne M'✓n.a«. w,so6uten a pEAUpRS`: Mm�wco'S ASSOrAMn d �AUOR,S nsqak�u vry rNbw�y .vinq eW a� w+KS � of � � b� � 1, oate ^ �"i �� T.-��"LA 2. Page ,__�_� ot ��'_ Page3 3 AddenAam M P�rGhas° Agroement �b parUes datetl—} ��, F . � am�J q to the purchasa ! and aale nf thc pro0erty at___._d . F— . / -� '-� �-�--�.��"' S__......_--__ '_ 8 .. ----- " ). �. 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CA c' 3 . � � � �� 4 �. �, � � t ' 7 0 - -� E— J � T � �� ' _� � � � Q — �v h ' �� -- 6 .—..`_ c i � ,--,� �---- � Q �4 �? �� 3 � a �- � ., / �`'� v �� o� _.�J ��`�a'�'.�� dQ • CITIZEN PARTICIPATIO DIS RI TS 1.SUYRAY-BATTLECREEK-HIGHld00D 2.GREATER EAST SIDE �11 �ST SIDE �C 4 BLUFF — rPAYNE-PHALEN 6.NORTH END 7.THOMAS-DALE 8.SUMMIT-UNIVERSITY 9.WEST SEVENTH lO.COMO 11. HAMLINE-MID'rlAY 12.ST. A�ITHONY 13.MERRIAN PK.-LEXIN6TON HAu�IINE • 14.GROVELF.iID-MACALESTER l5.HIGHLA;iD 16.SU��l�4IT HILL 17. OO�rfi1T05;.`i CITIZEN PARTICIPA7ION PLANNING DISTRICTS i � I ��$�l�fl'�� d�� • DAYTON'S BLUFF DISTRICT 4 �N � � ;q; 'm' ,,� :�.�\\ V �t �;� j� � ,. � � � � �o_�� g' 1� � ifi � � �;� �� a �� R/tl�l�W I 0 �� `�. .�- 0 _ � `J � � \'. / � i � ((( � \\. �_� /.. \� � ,�� \�� ``. � \- -'- �� I _ Li� � i� Lt��;. , , � : � , �_ T!�1T;1i1 i 4 yy ��`�a.�\ �w ``;\�/1/l� — i� M _� `'�� \ • ` ' ` �� . �� \\�` �� ' -� �. `,��CS � "'.. ' � J L'\ , \` \ \'�\� •,; � � �i%_ 4 �9 \ �Y`�� S �� p \� '`�i _ \ / , � i� r � kyM1.r' � 'yy . J L � ��_¢� � � o ;o I �4 i� €^� �, � � ``' � � �� '�\� ��, � � � A?P�IC,SNT ��C��.��. �/\� LEGEND . � PURPOSE �v �r�� "�� Zoning district Eoundzry FILE k G U _ �� DATE ��,�� subject proper,y n"' orh-'� PWG. DIST�_ t�?AP n �� o one family • j^ comr=_:=�z' � i _w ¢ hvo family + ..... i�dus:ri� � �� ¢Q mUltipl2 ta-ti;;� Y vzCa-.. ORIGINAL Presented By Referred To Council File # 00 � 1\�Q' Green Sheet #! bG O O 1 0 Committee: Date 2 WHEREAS, Mr. Steve Kissel, in Zoning File No. 00-133-277, made application to the 3 Saint Paul Piamiing Commission (hereinafter the "Commission") for a non-conforming use 4 permit to open "a janitorial service" in property formeriy occupied by a small "custom welding 5 shop," commonly known as 841 Hudson Road and legally described as contained in the records 6 of the zoning file noted above; and 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the Commission's Zoning Committee on July 20, 2000, conducted a public hearing after providing notice to affected property owners and submitted a recommendation to the Commission. On July 28, 2000, the Commission approved the non-conforming use permit far the janitorial service based upon the following findings and conclusaons as set forth in Commission Resolution No. 00-47: The applicant, Steve Kissell, has a purchase agreement for the property at 841 Hudson Street, where he intends to locate his janitorial service business, Linn Building Maintenance, which is currently located in Maplewood. The applicant states that the inside of the building will be renovated and the outside facade and grounds will be redone to reflect a professional appearance. The site plan notes that the applicant intends to plant ivy along the existing fence. 2. The applicant states that there is a total office staff of four, and that, other than new applicants, there would be little or no visitor traffic. Office hours aze to be from 7 am. to 6 pm. The applicant states that the company conducts its business strictly at the clienYs offices, that it keeps its equipment and supplies at the businesses it services, and that 95 percent of its employees report directly from home to the client location. The company also has four vans which are used by employees in the business. The employees work days or nights; the day shift generally begins between 5-7 am. and concludes mid to late afternoon; the night shift begins approximately 5 p.m. and concludes in the late evening/eazly morning. 4. The applicant has provided a site plan showing a proposed asphalt parking lot with seven parking spaces, including one handicapped space, to be accessed from Hudson Road. The site plan shows the existing yard would be surfaced with Class 5 aggregate. RESOLUTION CITY OF SAINT PAUL, MINNESOTA i O�I�i��L o0_��8� 2 3 5. Section 62.102(i)(3) of the zoning code states that the plamiing commission may allow a 4 nonconfonniug use to change to a use pernutted in the district in which the 5 nonconfonviug use is first allowed, or a use pernutted in a district that is more restrictive 6 than the district in which the nonconforming use is first allowed, if the commission 7 makes the following findings: 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 0 2. c. fA WHEREAS, pursuant to the provisions of the Saint Paul Legislative Code § 64.206, the Dayton's Bluff District 4 Community Council duly filed an appeal from the determination made by the Comxnission and requested a hearing before the City Council for the purpose of considering the actions taken by the Commission; and The proposed use is equal[y appropriate or more appropriute to the neighborhood than the existing nonconforming use. This finding is met. The previous nonconfoi�ning use, a welding shop, is first pernutted in the B-3 zoning district. The proposed use, a janitorial service, is also first pernutted in the B-3 zoning district. Tr�c should be manageable and proposed improvements to the site should be an improvement over the existing condition of the properry. The traffie generated by the proposed use is similar to that generated by the existing nonconforming use. This finding is met. Traffic generated should be minimal, with comings and goings of employees occurring only at only few times per day, and little visitor traffic. The use wi[l not be detrimental to the existzng character of deve[npment in the immediate neighborhood or endanger the public health, safety, or general welfare. This finding is met. The proposed use should have manageable traffic impact with the access to Hudson Road facing I-94 and most business activity occurring off-site. While vans will be coming and going during late night hours, there are few of them. The planned improvements should be an improvement over the existing appearance of the property. The use is consistent with the comprehensive plan. This finding is met. While this property was rezoned to RT-1 in conjunction with the Dayton's Bluff Smal1 Area Plan, with the intent tn encourage the eventual redevelopment of the area with residential uses, the zoning code does provide for allowing nonconforming uses to change to similar ar less intense nonconforming uses. The City's Land Use Plan supports mixed uses in traditional neighborhoods. 48 WHEREAS, acting pursuant to Legislative Code §§ 64.206-64.208 and upon notice to 49 affected parties, a public hearing was duly scheduled for September 6, 2000, in the chambers of 50 the Saint Paul City Council; and Page 2 of 3 1 3 �'{ ��L �o-��1g ��`� 2 REAS, on September 6, 2000, the Council moved to lay the public hearing over to 3 September 20, 2000, for the purpose of deternuning whether the Dayton's Bluff Neighborhood 4 Housing Services Organization would undertake to purchase the properry for the purposes of 5 developing the property for residential use as identified in a previously adopted City housing 6 plan; and 7 8 WHEREAS, the Council reconsidered the matter on September 20, 2000 and the 9 Council, ha�ing considered the application, the report of staff, the record, minutes and resolurion 10 of the Zoning Committee and of the Plauning Commission; does hereby 11 12 RESOLVE, to grant the appeal based upon the following findings: 13 14 1. The Planning Commission's detennination to approve the non-confonning use permit 15 application was in error. The Council notes that the property was rezoned in 1990 to a RT-1 16 residential district zoning classification. The proposed use is a commercial use. 17 18 2. A non-profit agency has proposed to acquire the subject property for residential development. 19 This offer to purchase the subject property for residential development consistent with the 20 properiy's residential zoning classification and the City's overall comprehensive plan shows that 21 there is no significant hazdship in marketing the property. Hauing the property revert to 22 residential use is in conformance with the comprehensive plan. Allowing a new non-conforming 23 use will be detrimental to the residential development of the neighborhood. 24 25 26 27 28 29 30 AND BE IT FURTHER RESOLVED, that the appeal of the Dayton's Bluff District 4 Community Council be and is hereby granted; AND BE IT F'INALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Dayton's Bluff Disriict 4 Community Council, Steve Kissel, the Zoning Administrator and Planning Commission. ORiGiNAL Requested by Department of: Adoption Certified by Council Secretary By: Form Approved by City Attorney By: �/�(/6h��i�M�r� �Z-IZ. Approved by Mayor for Submission to Council BY � �F—� d, 1-�.�, � Approved by Mayor: Date ��'!V` ' < � BY � �� Z ia� � v Adopted by Council: Date � e� _� Tc�vtye d0 -11�1 q� Peter Wamer December 20, 2000 �� wa Rounxc onoec TOTAI # OF SIGNATURE PAGES GREEN SHEET oo�un�ruiam�e No 10�002 � ❑ GIYAl1qUEY ❑ OrvCIiPR ❑ nuwcuLLaaneecsow. ❑ wwcw.+ ❑r�voR�ae�ranwn ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Resolution memorializing the decision of the City Council on September 20, 2000, granting the appeal of Dayton's Bluff District 4 Community Council to a decision of the Planning Commission granting a change of non-conforming use permit.to change from a small custom welding shop to a janitorial service at 841 Hudson Road. PL4NNING COMMISSION CB CAMMI7TEE CML SERVICE CAMMIS: s S�URCE 266-8710 Hae thie PeraoNfirm B�wwired under a carA�act farfhic �paAment? VES No Flas tlxs P�rm erer 6een e cRY empbyee4 YES NO Daec Mis Dersonlfirm 0� a sidk not normnllyD� M' anY curteM dF/ emW%'ee? YES NO IathiePe'saJfi,mataryetetive�doft � YES NO COST/ItEVENUE BUDOflED (CIRCLE ONE) ACTNITY NUMBER YEE NO INFORMA770N (FJ�WN) SA�NT I r�Ut � II��A APPLICATION FOR APPEAL Department of Planning and Economic Development Zoning Section ZI00 Cit}� Hall Annex 25 YT'ut Founh Street Saint Paul, MN 55102 266-6589 APPELLANT PROPERTY LOCATION oo- ��&� Name�layton's 31u=f Dist. 4 Conmunity Council Address�98 East 7th St. Attention: John Vaughn City St. Paul gt �IN Zi 55106 Daytime phone z�75 Zoning File Name �00-133-277 (Apolicant: Steve Rissel) I Address/Location 841 xudson Road i TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeais CJ City Council under the provisions of Chapter 64, Section64. 20,�aragraph E a? of the Zoning Code, to appeal a decision made by tfie Plannina Commission on July 28th ,�(g2000 File number: 00-133-277 (date of decision) GROUNDS FOR APPEAL: Explain why you feel there has been an erzor in any requirement, permit, decision or refusai made by an administrative officiai, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Pianning Commission. The Planning Commission nade an error of finding in regards t grantinq a Nonconforr�ing Use Permit to Steve Kissel at 841 Hudson Road for the followina reasons: 1)that tne Plannina Comr�ission was, to the best of our knowledge, unaware that th Housing and Redevelopment Authority had already approved fi- nancina for the Daytoa's Bluff City Development Program, whic specifically identifies 841 Hudson Road as a site for new tow home units, 2;that the Dayton's Bluff Small Area Plan and Forty Acre Study, which is still in force, specifically iden- tifies 841 Hudson Road as a site where comr.tercial uses should be phased out 2nd conversion to residential should occur, and 3)that the same Study also states that future zoninq ch=nges should designate 8�1 Y.udson Road as "RT-1 Tcao r^anily'. additiona! sheef if necessaryJ ApplicanYs � �j;�- Date K�i �-lov City I�� - J �C?C7 �IL �1�(� 00 _,�'� g� � city of saint paul planning commission resolution file number o0-4� date �-ZS-oo WHEREAS, STEVE KISSEL, file �00-133-277, has applied for a Nonconforming Use Pemut under the provisions of Secrion § 62.102(3) of the Saint Paul Legislative Code, to change from a small custom �velding shop to a janitorial service, at 841 Hudson Road; legally described in the file; and WHEREAS, the Zoning Committee of the Planning Commission, on 07/20/00, held a public hearing at �vhich all persons present were given an opportunity to be heazd pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearin� as substantially reflected in the minutes, made the following findings of fact: The applicant, Steve Kissell, has a purchase ab eement for the progerty at 841 Hudson Sh�eet, where he intends to locate his janitorial service business, Linn Building Maintenance, which is currently located in Maplewood. The applicant states that the inside of the building will be renovated and the outside facade and grounds will be redone to reflect a professional appeazance. The site plan notes that the applicant intends to plant ivy along the existing fence. � � 2. The applicant states that there is a total office staff of four, and that, other than new applicants, there would be little or no visitor traffic. Office hours are to be from 7 a.m. to 6 p.m. 3. The appiicant states that the company conducts its business strictly at the clienYs offices, that it keeps its equipment and supplies at the businesses it services, and that 95 percent of its employees report directly from home to the client location. The company also has four vans which are used by employees in the business. The employees work days or ni�hts; the day shift generally begins between 5-7 a.m. and concludes mid to late afremoon; the ni�ht shift begins approximately 5 p.m. and concludes in the late evening/early moming. 4. The applicant has provided a site plan showing a proposed asphalt parking lot with seven pazldng spaces, including one handicapped space, to be accessed from Hudson Road. The site plan shows the existing yard would be surfaced with Class 5 ago egate. 5. Section 62.102(i)(3) of the zoning code states that the planning commission may allow a nonconforming use to change to a use permitted in the district in which the nonconforming use is first allowed, or a use permitted in a district that is more restrictive than the district in which the nonconforming use is first allowed, if the commission makes the following findings: moved by F�e�d seconded by _ in favor 9 against 7 (Johnson, Kramer, Donnelly-Cohen, McCall, Ger Dandrea, and Koag) Z.F.#00-133-227 Page 2 of Resolution � Tlae proposed use is equally appropriate or more appropriate to tke neighborhood than the existing nonconjorming use. This finding is met The previous nonconforming use, a we(dinn shop, is firstpermitted in the B-3 zoning district. The proposed use, a janitorial service, is also first permitted in the B-3 zoning district. Tra�c should be manageable and proposed improvements to the site should be an improvement over the existing condition of the property. b. The traffic gene�ated by the proposed use is similar to that generated by the existing nonconforming use. This finding is met. Traffic generated should be minimal, with cominas and goings of employees occurring only at only few times perday, and little visitor ua�c. c Tlte use wi11 not be detrimental to tJse existing c/:aracter of development in the immediate neigl:borhood or endanger tl:e pubLic liealth, safety, or general welfar� This finding is met. The proposed use shouid have mana�eable traffic impact �vith the access to Hudson Road facing I-94 and most business activity occurring off-site. While vans will be coming and going during late night hours, there aze fe�v of them. The planned improvemenu should be an improvement over the existina appearance of the property. d Tlre use is consistent with the comprehensive plan. This findina is met. While this property was rezoned to RT-1 in conjunction with the Daytons Bluff Small Area Plan, with the intent to encoura�e the eventual redevelopment of the area with residential uses, the zonina code does provide for allowina nonconforming uses to chan�e to similaz or less intense nonconformina uses. The City's Land Use Plan supports mixed ases in traditional neighborhoods. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission. that under the authority of the City's Legislative Code, the application for a Nonconforming Use Permit to change from a small custom welding shop to a janitorial service at 841 Hudson Road is hereby approved. i �J • ae - \\'1� � �� D ayton's B luff • �, � District 4 Community Council /■. ` 798 E. 7th Street, Saint Paul, MN 55106 • Phone 651-772-207� • Fax 651-774-35I0_ .. Visit our web site at www.daytonsbluff.org July 12, 2000 St. Paul Zonittg Commission Zoning Committee 1100 City Hall Annex 25 West Fourth Stseet St. Paul, �v1N SSIC2 Dear Committee Members: On July 10, at a regular Housing, Land Use, and Commuaity Development meeting, the board of the Dayton's Bluff District Four Coznmunity Council (DBD4CC) discussed the non-confocming use application fmm Linn Building Maintenance for 841 Hudson Road. � Since we did not receive notice from the Ciry of this application until 7uly 7'�, our attempts to contact Steve Kisseil, a co-owner of Linn Building Maintenance, were confined to one business clay and did not survive the severaI exchanges of inessages that took place. Therefore, neither he nor a representative of his business were present on July 1Qth. It is doubtful, however, that his presenca wauld have affected the outcome of our discnssion. It is the stron� feeling of our board that the string of non-conforming uses for 841 Hudson Road stop and that it remain RT-1. This is no reflection on Linn Building Maintenance. We simply feel that the surrounding neighborhood would be better served by 841 Hudson Road remaining RT-i. Thank you for your consideration. I can be reached at 772-2075. Sincerely, ./t/ John Vaughn, Community Organizer � Cc Councitmember Katky Lantry Linn Bniiding Maintenance � ��e��u�i�a� �I t 'f ' I /! f f/ I � I u�u��u � � � ',, �. Ju1y 12, 2000 Zoning Committee City of Saint Paul Planning & Economic Development 1400 City Hali Annex 25 West Fourth Street St. Paul, MN 55102-1634 Re: Fi1e �00-133-271 � ,,� � Q�.-�Q+� t 8 2a�. p � S Approval of this change would be good for all toncerned: the building would be greatly improved, enhancing the area; the City would benefit financial7y; and an on-going, estabiished business would bolster the economy in the Dayton Biufif area. The janitorial service is not a retail business, so there wauld he no problem with parkinq, or excess traffic. A building maintenance business would ensure this good, old but well-buiit buiiding would not deteriorate, but would increase in value; again, an asset to the City. I support this change. Sincerely, �� Dorotfiy S. Voth � � L_ J oo-�t�Y" � MINUTES OF THE ZONING COMMt1TEE Thu�sday, July 20, 2000 - 3:30 p.m. .. City Council Chambers, 3' Ftoor City Hall and Court House 15 West Kettogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Fie(d, Kramer, Marde!! and Morfon Engh, Gervais Caro! Martineau, Allan Torsfenson, Nancy Frick of PED The meeting was chaired by Commissioner Field. Linn Building Maintenance • OQ-933-277 - Nonconforming Use Permit to change from a small custom welding shop to a janitoriai service. 841 Nudson Road, norfhwest corner Hudson Road and Bates. Nancy Frick showed slides and presenfed the staff report. Ms. Frick stated District 4 Communify Councii recommends deniai of the Nonconforming Use Permit. She aiso stated fhe Zoning staff recommends deniai o{ the permit. � Upon questions of Commissioner Morton, Ms. Frick exp(ained that fhe Neighborhood Nousing Service has shown interesf in buying fhe properfy but did not know the terms of any offe�s that were made. The buiiding has been vacant about 6 months. The neighborhood is predominantly residential with the nearest residents across the street on Bates and adjacent to the properry. Commissioner Field suggested thaf a purchase price from a different party is pertinent to ihe case because of property vatue issues and should be part of the record. � At the questions of Commissioner Kramer, Ms. Frick stated the properly is zoned RT-1 and can accommodate townhouses, and dupiexes. The lot is 16,000 square feet with frontage on Bates .. and Old Hudson ftoad. Upon question of Commissioner Faricy, Ms. Frick explained fhe Community Development Corporation is financed through different sources including the City Star Grants CDBG, or other housing programs, and income generated through their programs. Mr. Steve Kisseli, the applicant appeared and stated he would answer any Guestions. Ken Tholkenton, the real esfafe agenf for fhe property, stated the property was on the market for over 190 days before getting the offer from Linn Buifding Mai�tenance. The Neighborhood Housing Service inquired about the property but never made a formal offer. Ths lot is a triangie of 170 x i50 feet with the long leg of the triangle focated on Hudson Road within 60 feet of fhe freeway which makes it di�cult to market for residential. At the quesfion of Commissianer Kramer, Mr. Tholkenton stated the freeway is located about 60 feet from the property with the wall dividing it. Upon question of Commissioner Mardeil, Mr. Tholkenton stated the buiiding is 5500 square feet � Zoning Gommittee Minutes Juiy 24, 2000 Fi1e #: 04-133-277 Page 2 on the main floor with a basement. Ms. Dorothy Voth, Owner of Property, appeared and stated the building is not feasibie for residentia(, it was buitt for a business. The buiiding tooks over the freeway with a fence in between and the view is not attractive. The public hearing was dosed. Commissioner Kramer moved to deny the No�conforming Use Permit wifh a request that the staff report 3nc{ude references to the St Paul Housing Plan. The motion died for lack of a second. Commissioner Faricy explained the property is too close to the freeway which makes the locat+on unsuitabie for housing. She also stated an empty building is detrimenta{ to fhe neighborhood and the plans for #his building wiil add to the neighborhood. Commissioner Faricy moved approval of the Change of Nonconforming Use Permit. Commissioner Mardell seconded it. At the question Commissioner Field, Mr. Torstenson sfatad the housing plan was passed in 1999. Commissioner Kramer exptained he wouid not support the motion because the property was rezoned. The lasf nonconforming use that was in the neighborhood was a major probtem. The site has no freeway access which makes it undesirable for business use. , - After further discussion the motion passed by a 4-1 vote. Adopted Yeas - 4 Drafted by: �� Carol Martineau Recording Secretary Nays -1 (Kramer) Submitted by: � ��. Nancy F ick Zoning Section Approved by: ` itton �ield Chair � . oo—i\`!� • ZONING_COMMITTEE STAFF RSPORT -__�______________ FILS # 06-133-277 1. APPLICAL•TP: STEVE ICISSELL DATS OF HSARING: 07/20/00 2. CLASSSFSCATION: Change in Nonconforming Use 3. LOCATZON: 841 HUDSON ROAD . � 4. PLANNING DISTRICT: 4 5. LEGAL 6. PRBSENT ZONING: RT-1 see file ZONING CODB.RSFER8NC8: §62.102(i?l3) 7. STAFF SNVESTIGATSON AND REPORT: DATE: 07/13/00 BY: Nancy Frick 8. DATE REC$IV�: 06/20/00 DEFiDLINB FOR ACTION: OS/19/00 ---- '___� ='oc=eo_'000�co=cocco--cav0000va'�voovo'v_ �c='ca"ccvccsocccoccc��cao=ccce-- A. BIIRPOSS: Nonconforming use permit to change from a sma1Z custom welding shop to a janitorial service_ B. PARCEL 5528: The triangular-shaped parcel has about 230 feet of frontage on Hudson Road and about i42 £eet of frontage on Bates Avenue far a total lot area of about 16,200 square feet. C. EXISTZNG LAND IISB: The property is occupied by a single story commercial building, which is vacant Hut was previously used as a welding shop. '£here is also a fenced-in parking area to the west and a corner of vacant land. D. SIIRROtJNDSNG LAND USE• North: Small office building and residential uses in an RT-1 zone. East: Commeraial uses in an RT-1 zoning district. South: Interstate 94 in an RT-1 zoning district. West: Residential uses and Interstate 94 in an RT-1 zoning district. E. ZONING CODE CITATION: Section 62.102(i)(3) o£ the zoning code states that the planning cammission may a21ow a nonconforming use to chaage to a use permitted in the district in which the nonconforming use is first allowed, or a use permitted in a district that is more restrictive than the district in which the nonconforming use is first allowed, if the coaun:ssion makes the findings detailed in Section H of this report. F. HSSTORY/DZSCIISSION: In 1990 this property was rezoned from B-3 General Business to RT-1 Two-Family Residential as part of a small area plan and a0-acre zoning study of the Lower Dayton's Bluff area. 2n 1957, the Planning Commission granted a nonconforming use pesmit to a21ow a welding shop and single family residence on this property. In 1998, =he Planz±ng Commission considered a request from the City's zoning administrator to Zoning File #00-133-277 Page 2 revoke this nonconforming use permit for noncompliance with tfie conditions � of the permit. Following a public hearing, the Planning Commission modified the nonconforming use permit to specify how parking and storage space could and could not be used. . G. D23TRSCT COIINCIL RECOr4f8fIDAT20N: On July 10, 200Q, the District 4 Community Council voted to not support the application. H. F223DINGS: 1. The applicant, Steve Kissell, has a purcRase agreement for the property at 841 Hudson Street, where he intends to locate his janitorial service business, Linn Building Maintenance, which is currently located in Maplewood. The applicant states that the inside of the buildinc3 will be renovated and the outside facade and grounds will be redone to reflect a professional appearance. The site plan notes that the applicant intends to plant ivy along the existing £ence. 2. The applicant states that there is a total office staff of £our, and that, other than new applicants, there would be little or no visitor traffic. Office hours are to be from 7 a.m. to 6 p.m. 3. The applicant states that the aomgany conducts its business strictly at the client`s offices, that it keeps its equipment and supplies at the husinesses it services, and that 95 percent of its employees report directly from home to the client location. The company also has four vans which are used by employees in the business. The employees work • days or nights; the day shift generally begins between 5-� a.m. and concludes mid to late afternoon; tfie night shift begins approximately 5 p.m, and concludes in the late evening/early morning. 4. The applicant has provided a site plan showing a proposed asphalt parking lot with seven parking spaces, including one handicapped space, to Be accessed from Hudson Road. The site plan shows the existiag yard would be surfaced with Class 5 aggregate. S. Section 62.102(i}(3) of the aoning code states that the planning commission may a11ow a nonconforming use to change to a use permitted in the district in which the nonconformiug use is first aSlowed, or a use permitCed in a district that is more restrictive than the disCrict in which the nonconforming use is first allowed, if the commission makes the followiag findings: a, Tke proposed use is equaZly appropriate oz more appropriate to the neigkborhood thaa the existiag aoaconformiag vse. This finding is met. The previous nonconfozming use, a welding shop, is first permitted in the B-3 zoning district_ The proposed use, a janitorial service, is also iirst permitted in the 8-3 zoning district. Traffic should be manageable and proposed improvem=_nts to the site should be an imgrovement over the existing condition of the property. � b. Tke traffic 9eaerated by the proposed use is similar to that - ---.t _ --1 Zoning File �00-133-277 Page 3 o • geaerated by the existiag noaconforming use. � This finding is met. Traffic generated should be minimal, with comings and goings of employees occurring only at only £ew times per day, and little visitor tra£fic_ c. The use will aot be detrimeatal to the existiag cfiaracter of developmeat fa tIze i.�ediate neiglxbozhood or eadaagez the pssb2ic heaZth, safety, or geaera2 welfare. This finding is met. The proposed use should have manageable traffic impact with the access to Hudson Road facing 2-94 and most business activity occurring off-site. Whi1e vans will be coming and going during late night hours, there are few of them. The planned improvements should be an improvement over the existing appearance of the property. ' . d. The use is consistent with the comprehensive plaa- This finding is not met. The property was rezoned from B-3 to RT-1 in 1990 as part of the Lower Dayton's Bluff Small Area Plan, which is part of the City's comprehensive plan. The intent was to encourage the eventual redevelopment of the area with residential uses. The code provides for allowing nonconforming uses to change to . similar or less intense nonconforming uses, specifically noting that doing so can be more desirable than requiring them to be vacant if they cannot be converted to conforming uses." (Sec. 62.102(a); emphasis added) When determining whether or not it is advisable to permit a new nonconforming use at a site, the planning commission should therefore consider how likely it is that a conforming use can reasonably be expected to be established at the site within the foreseeable future. Representatives of the Dayton's Bluff Neighborhood Aousing Sexvice (DBNHS), a community development coxporation long active in housing rehabilitation and development in the Dayton's Bluff area, have informed zoning staff that DBNfiS has contacted the owner o£ 841 Hudson with a proposal to acquire the pxoperty, clear the building, and develop the site as residential. This willingness by the DBNfiS to invest in triis property for residential use runs counter to the notion that the site cannot be converted to a conforming use. Staff finds that it is not unreasonable to expect that the intent of the comprehensive plan, that this property be redeveloped as residential, could be ful£illed. I. STAFF RECOE�II2ENDATION: Based on Finding 5(d), staff recommends denial of the change in nonconforming use permit. • CITY OF SAINT PAUL Norm Coleman, Mayar December 14, 2000 Nancy Anderson Council Secretary 310 City Ha11 15 West Kellogg Blvd. St. Paul, MN 55102 OFFICE OF THE CITY ATTORNEY y Clayfon M. Robinson, Jr., Cfry Atdorney 0 � � ��10 Civi[ DivisiOn 400CiryHa17 Telephone:651266-8710 ISWesiKelloggBlvd. Facsimi[e:651298-i619 Saint Paul, Minnuota 55102 Hand Delivered Re: Dayton's Bluff District 4 Community Council Zoning File No. 00-140458 City Council Action Date: September 20, 2000 Deaz Nancy: Enclosed please find a signed Resolution memorializing the Council's decision of September 20, 2000, to grant the District 4 Community Council Appeal in the matter of the application of a non- conforming use permit for 841 Hudson Road. It would be appreciated if this matter could be placed on next week's agenda, or the earliest agenda thereafter. If you have any questions, please don't hesitate to contact me. Very truly yours, '�..�� . G�c�.�-c_.� Peter W. Warner �� Assistant City Attorney PWW/rmb Enclosure DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Director �C7—\\��" 3a CITY OF SAIIVT PAUL Norm Colemars, Mayor E�llgtlSl Z2, 2�� Ms. Nancy Anderson Ciry Council Research Office Room 310 City hall Saint Paul, MN 55102 Dear Ms. Anderson: 25 West Fourth Sbeet Saint Paul, MN 55702 Telephone: 651-266-6626 Facsimile: 65I-228-334I I would like to confirm that a public hearing before the Ciry Council is scheduled for Wednesday, September 6, 2000, for the following appeal of a Planning Commission decision approving a change of nonconforming use permit. Appellant: F�le Number; Purpose: Address: Legal Description of Property: Previous Action: DAYTON'S BLUFF DISTRICT 4 COMMUNITY COUNCIL #00-140458 Appeal a Planning Commission decision granting a Change of Nonconforming Use Permit to change from a small custom welding shop to a janitorial service. 841 Hudson Road Willius Subdivision of Block 57 of Lyman Daytons Addition to Saint Paul Subj to esmts and ex SWIy 10 fr. for alley; NWIy 73.91 ft. of Lots 1 thru 3. Block 57 Planuing Commission approval; vote 9-7, July 28, 2000 Zoning Committee approval; vote 4-1, July 20, 2000 My understanding is that this public hearing request will be announced at the August 23 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. L� � �I /!j`�_ . Patricia James Clty P13ilI1Cr cc: File #00-140458 Paul Dubruiel Carol Martineau Wendy I,ane, LIEP -�sti.�unv� .NOTICE OF POB7dC $EARII�IG - The 3amt Faul (�ty Councal.wiIl con- duct a, on Wednesday,� Sep'tember 6: 2000, aY 5:30 �p.m. - in The CiLp Council Chambers, Third Floor City Hall, 15 4Vest- Kellogg Boulevazd, Saint Paul, MN, to consider_ the appeal of Da}rton's Bluff Mstrict �4 Community �Councll tq a decision of the ��n*+;*+g Commission granting a Change of . Nonconforming Use Permit to change from a small cusfom welding shop to a janitori- al sexvlce at 841 Hudson Road. �eea: A��m� zs, z000 " rrntvCSrnxxDERSOrr ' _ AssistanY..City Counctt Secretary _ ' - ' (Angust 31) - - _--==�37:, PADL LECrAL TEDC�.R -,-- - 0201�5$7 / . - _ -- . DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT BrimfSweeney, D"uettor CITY OF SAINT PAUL Norm Caleman, Mayor �r� August 22, 2000 Ms. Nancy Anderson Secretazy to the City Council Room 310 City Hall Saint Paul, MN 55102 25 Wen Fou�th Street Saint Paul, MN 55102 00 -�1'1S� TeTephone: 651-266-6616 Facrimile: 651-228-3341 RE: Zoning File #00-140458 DAYTON'S BLUFF DISTRICT 4 COMMUDtITY COUNCII. Ciry Council Hearing: September 6, 2000, 430 p.m. City Council Chambers PURPOSE: To consider the appeal of the Aayton's Bluff Aistrict 4 Community Council to a Planning Commission decision granting a Nonconforming Use Permit to Linn Building Maintenance to change from a small custom welding shop to a janitorial service. PLANNING COMMISSION RECOMMENDATION: APPROVAL vote: 9-7 ZONING COMMII"TEE RECOMMENDATION: APPROVAL vote: 4-1 • STAFF RECOMMENDATION: DENIAL SUPPORT: 1 person spoke and also sent a letter. OPPOSITION: no one spoke. I.etter from Dayton's Bluff District 4 Community Council Dear Ms. Anderson: LINN BUILDING MAINTENANCE submitted a request for a Nonconfomung Use Permit for property at 841 Hudson Road, to permit a change from a small custom welding shop to a janitorial service. The Zoning Committee of the Planning Couunission conducted a public heazing on ffie application on July 20, 2000. Staff presented a report recommending denial. The property owner spoke in support. The applicanYs realtor testified, and the applicant was present to answer quesrions. At the close of the public heazing the committee voted 4-1 to recommend approval of the Nonconforming Use Permit. The Planning Commission upheld the Zoning Committee's recommendation for approval on a vote of 9-7 on 7uly 28, 2000. This appeal is scheduled to be heard by the City Council on September 6, 2000. Please call me at 266- 6639 if there are any questions. Si rely, y�� . � Patricia James City Planner • Attachments cc: File # 00-140458 City Councilmembers o a _ �� NOTICONFORMtNG USE PERN(IT APPLICATION • �� Department of Planning and Economic Development `�� Zoning Section II00 Ciry Hall Annex 25 West Founh Street Saint Paul, MN 55102 166-6589 APPLICANT �� Name S�vl �:5�\� Address ��1 S\Cl-�' �1� �.�� 25 City ��.'�Gw� St.IU,� Zip S'�\l Daytime Fhone L'S\ 77`S'�322 Name of owner (if different} Contact person (if different) Phone PROPERTY Address/Location �� \ �r LOCATION Legal descriptiorn2��;�;3� �.�� e E'yRc�c s�� ..,;��• S�.e�;.,=s. c�� L.�•o..�� y�.,..� c��:�:.... fattach addrtionaf sheet if necessary, — SY�a\� TYPE OF PERMIT: Application is hereby made for a Nonconfortning Use Permit und=r provisions of Chapter 62, Section 102, subsection i, Paragraph 3 of the Zoning Code. The permit is for: C� Change from one nonconforming use to another (para. 3 in Zoning Code) ❑ Re-esta5lishment of a nonconforming use vacant for more than one year (pare. 5) ❑ Legai estabiishment of a nonconforming use in existence at least 10 ysars (para. 1) ❑ Eniargement of a nonconforming use (para. 4) SUPPORTING INFORMATION; supply the information that is applicable to your type of permit. CHANGE IN USE: PresenUPast or RE-ESTABLISHMENT: Proposed usi Zoning � �—\ Additionai information for ali applications (atfach additional sheets rf necessary): � `Required site pian is attached � Appiicant's � [� ��!J S=; C° 3 �� , Date Ci � ==4 City agent � �� °:� , � �. LINN BUILDING MAINTENANCE 2126 Burr Street • St. Paul, MN 55117 • 651-778-1322 June 19,2000 Saint Pau} Planning Commission Zoning Committee 1100 City Hall Annex 25 West Forth Street Saint Paut, Mn SSIOZ Dear Committee: This letter is in regards to a Non-Conforming use permit for the property located at 841 Hudson Road. The progosed nse for Yhis property is to house the offices for Linn Building Maintenance (a janitorial company). This plan will be more appropriate the its existing use as a weldiag shop (the building is currently vacant). The inside will be renovated and the outside fa�ade and grounds will be redone to reflect the reputation of Linn Buiiding Maintenance as one of the leading janitoriai service companies in the Twin Cities area. The traffic generated by tltis office will be minimal. Linn Building Diaintenance conducts its business strictly at our client's offices. The main traffic to and from the building wili be future employees and our office staff of four. This proposal will in no r►-ay be detrimental to the surrounding area. Lian BuiIdine Maintenance provides a safe aud clean environment which, as mentioned above, will be re��amped to promote the professional appearance, inside as weIl as outside. Thus, the structure and grounds will blend in well to the existing enr•ironment In addition Linn Building blaintenance will be able to offer employment opportunities to the surrounding neighborhood. This wilt fielp promote the generai welfare of the existing community. Enclosed you wiil find a site plan including the projected parl:ing lot and landscape plan. Linn Building Maintenance suarantees that its use will be consistent with that of this overall proposa[. Sincerely, � �X-c� � ��"`�i`"u`'''�2� Steve Iiissell & Jeff Kissell � • t�ihlcLU..��..iT. • • •� • �•• ' �' �� \� l � � 2cA:10R CONIl1�RCIAI�INDUS'Z'�iSAL PIJRCHASE AG�EMENT in�s AssoNaGOn a�sdaime any �iablllry arisn9 oul of �:e o� mis�se ot Sr,�9 fcrm, �6f/tfY�+�- �,it,e�U > I'�IN, �/� � �� . �00 RECEtvED OF o�Trvi� r - a4� r �'-�- �hc sum of �'� T�� (� 7 �• � � ) DOLI.ARS as earnesL money and in ec __ 7L_T .�_� � --�i. — - Counco of �i(�2^'�� >' . S�n� of Minnesora, and legally described cogether with foilowing pecsonal propeay: �rayment for [he purha�QtZprop=m� j�L4zL32o�fi �' s�cuat� �� EO110WS: ��- n�� .. �i oF wh�ch properry the undersigned has ihis day��ld ro� th�nyer for the sum of: �/�� n^'��'�y ��'"� �'; �� _�5 �� i3pLI,ARS, which rhe Buyer agrees ro pay in [he foilowin� mermer: f-F Eames� money hemin paid S 7� � a � a�d S� �. cash, on •�^•� �, dv � 1 da� oF closin� and the balance of S 1 �g..}�� O— by financing a5 Shown on the 2ttach:d z�er.du '�' �UEED��I?.I2.ECE'IAJ3LE TITI.E: Subjett co perforrn3nce by the Euyer, the Setler agrees w execucz zrd dcli�'er a�Xl�-T��' �i'arr;ny Decd con�cyin� mzrke�ble ade co said ptetnises subject only to the fo(lowing exceptions: (a) Building and zoung laws, ordinznces. Sc�� and Frderal regulaoons. @) R:s¢icdons reladcb ro use or in�prov�cn: of �he przmises � i�`,cuc effec:i�e forfciture pro�ision. (c) R:servzaon of any minetsls or mineral cighcs ro the Statc oE �B(nnesoca. (d) Uelity 2,d dcau;a ;e e�er:•,er:s whith do not"ineerfere wirh pre;znt ir.tpro�emena. (e) Righcs of tznancs as foUoWS: dA-� -- ? REAJ., FSI'��TE'GUCFS. Rzal eseace c�es due snd payable in the yeu of closin; shaU be p;ocated 6etw�.n ScL'cr ard Buyer on z cr1c-`r y:zr basis co the acmat dare of closing uelcss ou5crwise pro�ided in this Agceemene. Rzxl estsce t�es pzyabte ia 4'�e years prior to ctcs:a; sha!t 9c paid by SeUer. Rzal esu� taxes paysb:e in t�'�e years subsequ.nt W closing shaL bz pzid try Buycr. 3 SPECI.AJ, ASS' ` [Svikc ouc one.j BUXF.�t AivD SELLER SHAI,L PRORA'PE AS OF Tf�� DATE OF CIASL�G . 56LL JtiAI.L PAY n �1e dace of dosing zi insvllmen� of special assessmen� cervfied fer paymenc with she re�l es�ete ��as �=� an p.� a c u� the yea; of dosir,�. (5� ike out onc.) IILYF.R SHA�,L ASStthfE SELLER SHA.LL PAY ON AA'IE OF CIASL`IG � other spe.^:d asscs;n�ea�s le�:^:. as of �he dace of chis Agrezmznc. �Svilce oue one.) SCh'P.R SfIALL PSSG'�t1E S£LLEP. SHP,I.L PROYIDE FOR � •�' special 2nessmenes p2zu�n� � of ehe daL of this Agceemznt for improvemen[i at ave beer or er e Ciry Council oc o�he: govenmene: assessir.= ac:��o. (Setler's pro�ision for paymene shall he by Qaymenc inco escrow of 1'F times the estitn:ted amount cf the assessmenu.) If a�fxci�l assessment become> pending after the dz!e of this A�reemen[ and beEore fiz dac: of closag, Suyc: r.:ay, a[ Buye: s op::�^ (a) .�ssume payment of the p�:nding specis assessment withouc adjusm:nt to the purchase price; or (b) Require Sei;er co pzy ��e �r�= € s�ecial assessment (or escmw fo; paymenc of same a sum equal co P� cime; [he projecul pe;�ding assessmanU xnd Buyer s:i1 pa � ce:rvnersu:ate increase in the purchase p;icc eF �he properry. whi=h increase shall be the szne as 4'�e esncnau�i ztrco�t of t.c assnsr..='.t or (c) Dectzre �1vi Agreenene rull znd void by roccz co Sellet, end tarnest money shall be reFunCed to $ey::. � Sefir, shall pay on dace of closing anY defertzd real esa�e ��es or special assessmena payment which u reau_�ed zs a res1:: ot i.� �:-_-'`- o; rtus rzla. = PROI2ATIO; iS. � items customari:y Frorated and adjuscad in connecr.or, wich che c(osu:g of c:�e sie of che p ::?e'ty rcrei:� 4��i=� '= Sut oot linuted to rcns, cozracing �parazs. inte:es: on any debt assa�ned by Buye,, sh�!1 be prorate:: as cE c}�e �'ce of cios,r_ 1: >"= pe a»umeG thae Ne Huye: will own C�e properry for [he enci*c dace of che ciosin3. 5. U:ti�I1GES TO RE4l, PROPERTI'. Ii u�cre is 2.y loss oc d?mage to the properry btutc, «c �:e hereo.° �_ � che c:.wce e: :.=:-'.°-. . . . .. __� _ n �' "._ , ceil�. i: rh< n.nro�r i< r1>vrnV>:� n' S:]bi'3�:J3�Y GZ722G� �'flb7_ C._ :�QSUiY. L��:S F:: ".-0' �JUN-20-�0 TUE 1�:16 Ait BURNET REftLTY W8L JUN-13-00 NE 71�58 htl BURN'eT REkL7Y Wfll, � liKe�O � � FAX N0. 9?40 FFR N0. 9940 r. oz P. 02 ADDENDUM TO PURCHASE AGAEEMENT cuwx Th� wm, aoa�a tr� �ne M'✓n.a«. w,so6uten a pEAUpRS`: Mm�wco'S ASSOrAMn d �AUOR,S nsqak�u vry rNbw�y .vinq eW a� w+KS � of � � b� � 1, oate ^ �"i �� T.-��"LA 2. Page ,__�_� ot ��'_ Page3 3 AddenAam M P�rGhas° Agroement �b parUes datetl—} ��, F . � am�J q to the purchasa ! and aale nf thc pro0erty at___._d . F— . / -� '-� �-�--�.��"' S__......_--__ '_ 8 .. ----- " ). �. 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CA c' 3 . � � � �� 4 �. �, � � t ' 7 0 - -� E— J � T � �� ' _� � � � Q — �v h ' �� -- 6 .—..`_ c i � ,--,� �---- � Q �4 �? �� 3 � a �- � ., / �`'� v �� o� _.�J ��`�a'�'.�� dQ • CITIZEN PARTICIPATIO DIS RI TS 1.SUYRAY-BATTLECREEK-HIGHld00D 2.GREATER EAST SIDE �11 �ST SIDE �C 4 BLUFF — rPAYNE-PHALEN 6.NORTH END 7.THOMAS-DALE 8.SUMMIT-UNIVERSITY 9.WEST SEVENTH lO.COMO 11. HAMLINE-MID'rlAY 12.ST. A�ITHONY 13.MERRIAN PK.-LEXIN6TON HAu�IINE • 14.GROVELF.iID-MACALESTER l5.HIGHLA;iD 16.SU��l�4IT HILL 17. OO�rfi1T05;.`i CITIZEN PARTICIPA7ION PLANNING DISTRICTS i � I ��$�l�fl'�� d�� • DAYTON'S BLUFF DISTRICT 4 �N � � ;q; 'm' ,,� :�.�\\ V �t �;� j� � ,. � � � � �o_�� g' 1� � ifi � � �;� �� a �� R/tl�l�W I 0 �� `�. .�- 0 _ � `J � � \'. / � i � ((( � \\. �_� /.. \� � ,�� \�� ``. � \- -'- �� I _ Li� � i� Lt��;. , , � : � , �_ T!�1T;1i1 i 4 yy ��`�a.�\ �w ``;\�/1/l� — i� M _� `'�� \ • ` ' ` �� . �� \\�` �� ' -� �. `,��CS � "'.. ' � J L'\ , \` \ \'�\� •,; � � �i%_ 4 �9 \ �Y`�� S �� p \� '`�i _ \ / , � i� r � kyM1.r' � 'yy . J L � ��_¢� � � o ;o I �4 i� €^� �, � � ``' � � �� '�\� ��, � � � A?P�IC,SNT ��C��.��. �/\� LEGEND . � PURPOSE �v �r�� "�� Zoning district Eoundzry FILE k G U _ �� DATE ��,�� subject proper,y n"' orh-'� PWG. DIST�_ t�?AP n �� o one family • j^ comr=_:=�z' � i _w ¢ hvo family + ..... i�dus:ri� � �� ¢Q mUltipl2 ta-ti;;� Y vzCa-.. ORIGINAL Presented By Referred To Council File # 00 � 1\�Q' Green Sheet #! bG O O 1 0 Committee: Date 2 WHEREAS, Mr. Steve Kissel, in Zoning File No. 00-133-277, made application to the 3 Saint Paul Piamiing Commission (hereinafter the "Commission") for a non-conforming use 4 permit to open "a janitorial service" in property formeriy occupied by a small "custom welding 5 shop," commonly known as 841 Hudson Road and legally described as contained in the records 6 of the zoning file noted above; and 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the Commission's Zoning Committee on July 20, 2000, conducted a public hearing after providing notice to affected property owners and submitted a recommendation to the Commission. On July 28, 2000, the Commission approved the non-conforming use permit far the janitorial service based upon the following findings and conclusaons as set forth in Commission Resolution No. 00-47: The applicant, Steve Kissell, has a purchase agreement for the property at 841 Hudson Street, where he intends to locate his janitorial service business, Linn Building Maintenance, which is currently located in Maplewood. The applicant states that the inside of the building will be renovated and the outside facade and grounds will be redone to reflect a professional appearance. The site plan notes that the applicant intends to plant ivy along the existing fence. 2. The applicant states that there is a total office staff of four, and that, other than new applicants, there would be little or no visitor traffic. Office hours aze to be from 7 am. to 6 pm. The applicant states that the company conducts its business strictly at the clienYs offices, that it keeps its equipment and supplies at the businesses it services, and that 95 percent of its employees report directly from home to the client location. The company also has four vans which are used by employees in the business. The employees work days or nights; the day shift generally begins between 5-7 am. and concludes mid to late afternoon; the night shift begins approximately 5 p.m. and concludes in the late evening/eazly morning. 4. The applicant has provided a site plan showing a proposed asphalt parking lot with seven parking spaces, including one handicapped space, to be accessed from Hudson Road. The site plan shows the existing yard would be surfaced with Class 5 aggregate. RESOLUTION CITY OF SAINT PAUL, MINNESOTA i O�I�i��L o0_��8� 2 3 5. Section 62.102(i)(3) of the zoning code states that the plamiing commission may allow a 4 nonconfonniug use to change to a use pernutted in the district in which the 5 nonconfonviug use is first allowed, or a use pernutted in a district that is more restrictive 6 than the district in which the nonconforming use is first allowed, if the commission 7 makes the following findings: 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 0 2. c. fA WHEREAS, pursuant to the provisions of the Saint Paul Legislative Code § 64.206, the Dayton's Bluff District 4 Community Council duly filed an appeal from the determination made by the Comxnission and requested a hearing before the City Council for the purpose of considering the actions taken by the Commission; and The proposed use is equal[y appropriate or more appropriute to the neighborhood than the existing nonconforming use. This finding is met. The previous nonconfoi�ning use, a welding shop, is first pernutted in the B-3 zoning district. The proposed use, a janitorial service, is also first pernutted in the B-3 zoning district. Tr�c should be manageable and proposed improvements to the site should be an improvement over the existing condition of the properry. The traffie generated by the proposed use is similar to that generated by the existing nonconforming use. This finding is met. Traffic generated should be minimal, with comings and goings of employees occurring only at only few times per day, and little visitor traffic. The use wi[l not be detrimental to the existzng character of deve[npment in the immediate neighborhood or endanger the public health, safety, or general welfare. This finding is met. The proposed use should have manageable traffic impact with the access to Hudson Road facing I-94 and most business activity occurring off-site. While vans will be coming and going during late night hours, there are few of them. The planned improvements should be an improvement over the existing appearance of the property. The use is consistent with the comprehensive plan. This finding is met. While this property was rezoned to RT-1 in conjunction with the Dayton's Bluff Smal1 Area Plan, with the intent tn encourage the eventual redevelopment of the area with residential uses, the zoning code does provide for allowing nonconforming uses to change to similar ar less intense nonconforming uses. The City's Land Use Plan supports mixed uses in traditional neighborhoods. 48 WHEREAS, acting pursuant to Legislative Code §§ 64.206-64.208 and upon notice to 49 affected parties, a public hearing was duly scheduled for September 6, 2000, in the chambers of 50 the Saint Paul City Council; and Page 2 of 3 1 3 �'{ ��L �o-��1g ��`� 2 REAS, on September 6, 2000, the Council moved to lay the public hearing over to 3 September 20, 2000, for the purpose of deternuning whether the Dayton's Bluff Neighborhood 4 Housing Services Organization would undertake to purchase the properry for the purposes of 5 developing the property for residential use as identified in a previously adopted City housing 6 plan; and 7 8 WHEREAS, the Council reconsidered the matter on September 20, 2000 and the 9 Council, ha�ing considered the application, the report of staff, the record, minutes and resolurion 10 of the Zoning Committee and of the Plauning Commission; does hereby 11 12 RESOLVE, to grant the appeal based upon the following findings: 13 14 1. The Planning Commission's detennination to approve the non-confonning use permit 15 application was in error. The Council notes that the property was rezoned in 1990 to a RT-1 16 residential district zoning classification. The proposed use is a commercial use. 17 18 2. A non-profit agency has proposed to acquire the subject property for residential development. 19 This offer to purchase the subject property for residential development consistent with the 20 properiy's residential zoning classification and the City's overall comprehensive plan shows that 21 there is no significant hazdship in marketing the property. Hauing the property revert to 22 residential use is in conformance with the comprehensive plan. Allowing a new non-conforming 23 use will be detrimental to the residential development of the neighborhood. 24 25 26 27 28 29 30 AND BE IT FURTHER RESOLVED, that the appeal of the Dayton's Bluff District 4 Community Council be and is hereby granted; AND BE IT F'INALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Dayton's Bluff Disriict 4 Community Council, Steve Kissel, the Zoning Administrator and Planning Commission. ORiGiNAL Requested by Department of: Adoption Certified by Council Secretary By: Form Approved by City Attorney By: �/�(/6h��i�M�r� �Z-IZ. Approved by Mayor for Submission to Council BY � �F—� d, 1-��-�.�.�, � Approved by Mayor: Date ��'!V` ' < � BY � �� Z ia� � v Adopted by Council: Date � e� _� Tc�vtye d0 -11�1 q� Peter Wamer December 20, 2000 �� wa Rounxc onoec TOTAI # OF SIGNATURE PAGES GREEN SHEET oo�un�ruiam�e No 10�002 � ❑ GIYAl1qUEY ❑ OrvCIiPR ❑ nuwcuLLaaneecsow. ❑ wwcw.+ ❑r�voR�ae�ranwn ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Resolution memorializing the decision of the City Council on September 20, 2000, granting the appeal of Dayton's Bluff District 4 Community Council to a decision of the Planning Commission granting a change of non-conforming use permit.to change from a small custom welding shop to a janitorial service at 841 Hudson Road. PL4NNING COMMISSION CB CAMMI7TEE CML SERVICE CAMMIS: s S�URCE 266-8710 Hae thie PeraoNfirm B�wwired under a carA�act farfhic �paAment? VES No Flas tlxs P�rm erer 6een e cRY empbyee4 YES NO Daec Mis Dersonlfirm 0� a sidk not normnllyD� M' anY curteM dF/ emW%'ee? YES NO IathiePe'saJfi,mataryetetive�doft � YES NO COST/ItEVENUE BUDOflED (CIRCLE ONE) ACTNITY NUMBER YEE NO INFORMA770N (FJ�WN) SA�NT I r�Ut � II��A APPLICATION FOR APPEAL Department of Planning and Economic Development Zoning Section ZI00 Cit}� Hall Annex 25 YT'ut Founh Street Saint Paul, MN 55102 266-6589 APPELLANT PROPERTY LOCATION oo- ��&� Name�layton's 31u=f Dist. 4 Conmunity Council Address�98 East 7th St. Attention: John Vaughn City St. Paul gt �IN Zi 55106 Daytime phone z�75 Zoning File Name �00-133-277 (Apolicant: Steve Rissel) I Address/Location 841 xudson Road i TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeais CJ City Council under the provisions of Chapter 64, Section64. 20,�aragraph E a? of the Zoning Code, to appeal a decision made by tfie Plannina Commission on July 28th ,�(g2000 File number: 00-133-277 (date of decision) GROUNDS FOR APPEAL: Explain why you feel there has been an erzor in any requirement, permit, decision or refusai made by an administrative officiai, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Pianning Commission. The Planning Commission nade an error of finding in regards t grantinq a Nonconforr�ing Use Permit to Steve Kissel at 841 Hudson Road for the followina reasons: 1)that tne Plannina Comr�ission was, to the best of our knowledge, unaware that th Housing and Redevelopment Authority had already approved fi- nancina for the Daytoa's Bluff City Development Program, whic specifically identifies 841 Hudson Road as a site for new tow home units, 2;that the Dayton's Bluff Small Area Plan and Forty Acre Study, which is still in force, specifically iden- tifies 841 Hudson Road as a site where comr.tercial uses should be phased out 2nd conversion to residential should occur, and 3)that the same Study also states that future zoninq ch=nges should designate 8�1 Y.udson Road as "RT-1 Tcao r^anily'. additiona! sheef if necessaryJ ApplicanYs � �j;�- Date K�i �-lov City I�� - J �C?C7 �IL �1�(� 00 _,�'� g� � city of saint paul planning commission resolution file number o0-4� date �-ZS-oo WHEREAS, STEVE KISSEL, file �00-133-277, has applied for a Nonconforming Use Pemut under the provisions of Secrion § 62.102(3) of the Saint Paul Legislative Code, to change from a small custom �velding shop to a janitorial service, at 841 Hudson Road; legally described in the file; and WHEREAS, the Zoning Committee of the Planning Commission, on 07/20/00, held a public hearing at �vhich all persons present were given an opportunity to be heazd pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearin� as substantially reflected in the minutes, made the following findings of fact: The applicant, Steve Kissell, has a purchase ab eement for the progerty at 841 Hudson Sh�eet, where he intends to locate his janitorial service business, Linn Building Maintenance, which is currently located in Maplewood. The applicant states that the inside of the building will be renovated and the outside facade and grounds will be redone to reflect a professional appeazance. The site plan notes that the applicant intends to plant ivy along the existing fence. � � 2. The applicant states that there is a total office staff of four, and that, other than new applicants, there would be little or no visitor traffic. Office hours are to be from 7 a.m. to 6 p.m. 3. The appiicant states that the company conducts its business strictly at the clienYs offices, that it keeps its equipment and supplies at the businesses it services, and that 95 percent of its employees report directly from home to the client location. The company also has four vans which are used by employees in the business. The employees work days or ni�hts; the day shift generally begins between 5-7 a.m. and concludes mid to late afremoon; the ni�ht shift begins approximately 5 p.m. and concludes in the late evening/early moming. 4. The applicant has provided a site plan showing a proposed asphalt parking lot with seven pazldng spaces, including one handicapped space, to be accessed from Hudson Road. The site plan shows the existing yard would be surfaced with Class 5 ago egate. 5. Section 62.102(i)(3) of the zoning code states that the planning commission may allow a nonconforming use to change to a use permitted in the district in which the nonconforming use is first allowed, or a use permitted in a district that is more restrictive than the district in which the nonconforming use is first allowed, if the commission makes the following findings: moved by F�e�d seconded by _ in favor 9 against 7 (Johnson, Kramer, Donnelly-Cohen, McCall, Ger Dandrea, and Koag) Z.F.#00-133-227 Page 2 of Resolution � Tlae proposed use is equally appropriate or more appropriate to tke neighborhood than the existing nonconjorming use. This finding is met The previous nonconforming use, a we(dinn shop, is firstpermitted in the B-3 zoning district. The proposed use, a janitorial service, is also first permitted in the B-3 zoning district. Tra�c should be manageable and proposed improvements to the site should be an improvement over the existing condition of the property. b. The traffic gene�ated by the proposed use is similar to that generated by the existing nonconforming use. This finding is met. Traffic generated should be minimal, with cominas and goings of employees occurring only at only few times perday, and little visitor ua�c. c Tlte use wi11 not be detrimental to tJse existing c/:aracter of development in the immediate neigl:borhood or endanger tl:e pubLic liealth, safety, or general welfar� This finding is met. The proposed use shouid have mana�eable traffic impact �vith the access to Hudson Road facing I-94 and most business activity occurring off-site. While vans will be coming and going during late night hours, there aze fe�v of them. The planned improvemenu should be an improvement over the existina appearance of the property. d Tlre use is consistent with the comprehensive plan. This findina is met. While this property was rezoned to RT-1 in conjunction with the Daytons Bluff Small Area Plan, with the intent to encoura�e the eventual redevelopment of the area with residential uses, the zonina code does provide for allowina nonconforming uses to chan�e to similaz or less intense nonconformina uses. The City's Land Use Plan supports mixed ases in traditional neighborhoods. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission. that under the authority of the City's Legislative Code, the application for a Nonconforming Use Permit to change from a small custom welding shop to a janitorial service at 841 Hudson Road is hereby approved. i �J • ae - \\'1� � �� D ayton's B luff • �, � District 4 Community Council /■. ` 798 E. 7th Street, Saint Paul, MN 55106 • Phone 651-772-207� • Fax 651-774-35I0_ .. Visit our web site at www.daytonsbluff.org July 12, 2000 St. Paul Zonittg Commission Zoning Committee 1100 City Hall Annex 25 West Fourth Stseet St. Paul, �v1N SSIC2 Dear Committee Members: On July 10, at a regular Housing, Land Use, and Commuaity Development meeting, the board of the Dayton's Bluff District Four Coznmunity Council (DBD4CC) discussed the non-confocming use application fmm Linn Building Maintenance for 841 Hudson Road. � Since we did not receive notice from the Ciry of this application until 7uly 7'�, our attempts to contact Steve Kisseil, a co-owner of Linn Building Maintenance, were confined to one business clay and did not survive the severaI exchanges of inessages that took place. Therefore, neither he nor a representative of his business were present on July 1Qth. It is doubtful, however, that his presenca wauld have affected the outcome of our discnssion. It is the stron� feeling of our board that the string of non-conforming uses for 841 Hudson Road stop and that it remain RT-1. This is no reflection on Linn Building Maintenance. We simply feel that the surrounding neighborhood would be better served by 841 Hudson Road remaining RT-i. Thank you for your consideration. I can be reached at 772-2075. Sincerely, ./t/ John Vaughn, Community Organizer � Cc Councitmember Katky Lantry Linn Bniiding Maintenance � ��e��u�i�a� �I t 'f ' I /! f f/ I � I u�u��u � � � ',, �. Ju1y 12, 2000 Zoning Committee City of Saint Paul Planning & Economic Development 1400 City Hali Annex 25 West Fourth Street St. Paul, MN 55102-1634 Re: Fi1e �00-133-271 � ,,� � Q�.-�Q+� t 8 2a�. p � S Approval of this change would be good for all toncerned: the building would be greatly improved, enhancing the area; the City would benefit financial7y; and an on-going, estabiished business would bolster the economy in the Dayton Biufif area. The janitorial service is not a retail business, so there wauld he no problem with parkinq, or excess traffic. A building maintenance business would ensure this good, old but well-buiit buiiding would not deteriorate, but would increase in value; again, an asset to the City. I support this change. Sincerely, �� Dorotfiy S. Voth � � L_ J oo-�t�Y" � MINUTES OF THE ZONING COMMt1TEE Thu�sday, July 20, 2000 - 3:30 p.m. .. City Council Chambers, 3' Ftoor City Hall and Court House 15 West Kettogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Fie(d, Kramer, Marde!! and Morfon Engh, Gervais Caro! Martineau, Allan Torsfenson, Nancy Frick of PED The meeting was chaired by Commissioner Field. Linn Building Maintenance • OQ-933-277 - Nonconforming Use Permit to change from a small custom welding shop to a janitoriai service. 841 Nudson Road, norfhwest corner Hudson Road and Bates. Nancy Frick showed slides and presenfed the staff report. Ms. Frick stated District 4 Communify Councii recommends deniai of the Nonconforming Use Permit. She aiso stated fhe Zoning staff recommends deniai o{ the permit. � Upon questions of Commissioner Morton, Ms. Frick exp(ained that fhe Neighborhood Nousing Service has shown interesf in buying fhe properfy but did not know the terms of any offe�s that were made. The buiiding has been vacant about 6 months. The neighborhood is predominantly residential with the nearest residents across the street on Bates and adjacent to the properry. Commissioner Field suggested thaf a purchase price from a different party is pertinent to ihe case because of property vatue issues and should be part of the record. � At the questions of Commissioner Kramer, Ms. Frick stated the properly is zoned RT-1 and can accommodate townhouses, and dupiexes. The lot is 16,000 square feet with frontage on Bates .. and Old Hudson ftoad. Upon question of Commissioner Faricy, Ms. Frick explained fhe Community Development Corporation is financed through different sources including the City Star Grants CDBG, or other housing programs, and income generated through their programs. Mr. Steve Kisseli, the applicant appeared and stated he would answer any Guestions. Ken Tholkenton, the real esfafe agenf for fhe property, stated the property was on the market for over 190 days before getting the offer from Linn Buifding Mai�tenance. The Neighborhood Housing Service inquired about the property but never made a formal offer. Ths lot is a triangie of 170 x i50 feet with the long leg of the triangle focated on Hudson Road within 60 feet of fhe freeway which makes it di�cult to market for residential. At the quesfion of Commissianer Kramer, Mr. Tholkenton stated the freeway is located about 60 feet from the property with the wall dividing it. Upon question of Commissioner Mardeil, Mr. Tholkenton stated the buiiding is 5500 square feet � Zoning Gommittee Minutes Juiy 24, 2000 Fi1e #: 04-133-277 Page 2 on the main floor with a basement. Ms. Dorothy Voth, Owner of Property, appeared and stated the building is not feasibie for residentia(, it was buitt for a business. The buiiding tooks over the freeway with a fence in between and the view is not attractive. The public hearing was dosed. Commissioner Kramer moved to deny the No�conforming Use Permit wifh a request that the staff report 3nc{ude references to the St Paul Housing Plan. The motion died for lack of a second. Commissioner Faricy explained the property is too close to the freeway which makes the locat+on unsuitabie for housing. She also stated an empty building is detrimenta{ to fhe neighborhood and the plans for #his building wiil add to the neighborhood. Commissioner Faricy moved approval of the Change of Nonconforming Use Permit. Commissioner Mardell seconded it. At the question Commissioner Field, Mr. Torstenson sfatad the housing plan was passed in 1999. Commissioner Kramer exptained he wouid not support the motion because the property was rezoned. The lasf nonconforming use that was in the neighborhood was a major probtem. The site has no freeway access which makes it undesirable for business use. , - After further discussion the motion passed by a 4-1 vote. Adopted Yeas - 4 Drafted by: �� Carol Martineau Recording Secretary Nays -1 (Kramer) Submitted by: � ��. Nancy F ick Zoning Section Approved by: ` itton �ield Chair � . oo—i\`!� • ZONING_COMMITTEE STAFF RSPORT -__�______________ FILS # 06-133-277 1. APPLICAL•TP: STEVE ICISSELL DATS OF HSARING: 07/20/00 2. CLASSSFSCATION: Change in Nonconforming Use 3. LOCATZON: 841 HUDSON ROAD . � 4. PLANNING DISTRICT: 4 5. LEGAL 6. PRBSENT ZONING: RT-1 see file ZONING CODB.RSFER8NC8: §62.102(i?l3) 7. STAFF SNVESTIGATSON AND REPORT: DATE: 07/13/00 BY: Nancy Frick 8. DATE REC$IV�: 06/20/00 DEFiDLINB FOR ACTION: OS/19/00 ---- '___� ='oc=eo_'000�co=cocco--cav0000va'�voovo'v_ �c='ca"ccvccsocccoccc��cao=ccce-- A. BIIRPOSS: Nonconforming use permit to change from a sma1Z custom welding shop to a janitorial service_ B. PARCEL 5528: The triangular-shaped parcel has about 230 feet of frontage on Hudson Road and about i42 £eet of frontage on Bates Avenue far a total lot area of about 16,200 square feet. C. EXISTZNG LAND IISB: The property is occupied by a single story commercial building, which is vacant Hut was previously used as a welding shop. '£here is also a fenced-in parking area to the west and a corner of vacant land. D. SIIRROtJNDSNG LAND USE• North: Small office building and residential uses in an RT-1 zone. East: Commeraial uses in an RT-1 zoning district. South: Interstate 94 in an RT-1 zoning district. West: Residential uses and Interstate 94 in an RT-1 zoning district. E. ZONING CODE CITATION: Section 62.102(i)(3) o£ the zoning code states that the planning cammission may a21ow a nonconforming use to chaage to a use permitted in the district in which the nonconforming use is first allowed, or a use permitted in a district that is more restrictive than the district in which the nonconforming use is first allowed, if the coaun:ssion makes the findings detailed in Section H of this report. F. HSSTORY/DZSCIISSION: In 1990 this property was rezoned from B-3 General Business to RT-1 Two-Family Residential as part of a small area plan and a0-acre zoning study of the Lower Dayton's Bluff area. 2n 1957, the Planning Commission granted a nonconforming use pesmit to a21ow a welding shop and single family residence on this property. In 1998, =he Planz±ng Commission considered a request from the City's zoning administrator to Zoning File #00-133-277 Page 2 revoke this nonconforming use permit for noncompliance with tfie conditions � of the permit. Following a public hearing, the Planning Commission modified the nonconforming use permit to specify how parking and storage space could and could not be used. . G. D23TRSCT COIINCIL RECOr4f8fIDAT20N: On July 10, 200Q, the District 4 Community Council voted to not support the application. H. F223DINGS: 1. The applicant, Steve Kissell, has a purcRase agreement for the property at 841 Hudson Street, where he intends to locate his janitorial service business, Linn Building Maintenance, which is currently located in Maplewood. The applicant states that the inside of the buildinc3 will be renovated and the outside facade and grounds will be redone to reflect a professional appearance. The site plan notes that the applicant intends to plant ivy along the existing £ence. 2. The applicant states that there is a total office staff of £our, and that, other than new applicants, there would be little or no visitor traffic. Office hours are to be from 7 a.m. to 6 p.m. 3. The applicant states that the aomgany conducts its business strictly at the client`s offices, that it keeps its equipment and supplies at the husinesses it services, and that 95 percent of its employees report directly from home to the client location. The company also has four vans which are used by employees in the business. The employees work • days or nights; the day shift generally begins between 5-� a.m. and concludes mid to late afternoon; tfie night shift begins approximately 5 p.m, and concludes in the late evening/early morning. 4. The applicant has provided a site plan showing a proposed asphalt parking lot with seven parking spaces, including one handicapped space, to Be accessed from Hudson Road. The site plan shows the existiag yard would be surfaced with Class 5 aggregate. S. Section 62.102(i}(3) of the aoning code states that the planning commission may a11ow a nonconforming use to change to a use permitted in the district in which the nonconformiug use is first aSlowed, or a use permitCed in a district that is more restrictive than the disCrict in which the nonconforming use is first allowed, if the commission makes the followiag findings: a, Tke proposed use is equaZly appropriate oz more appropriate to the neigkborhood thaa the existiag aoaconformiag vse. This finding is met. The previous nonconfozming use, a welding shop, is first permitted in the B-3 zoning district_ The proposed use, a janitorial service, is also iirst permitted in the 8-3 zoning district. Traffic should be manageable and proposed improvem=_nts to the site should be an imgrovement over the existing condition of the property. � b. Tke traffic 9eaerated by the proposed use is similar to that _- t _ --1 Zoning File �00-133-277 Page 3 o • geaerated by the existiag noaconforming use. � This finding is met. Traffic generated should be minimal, with comings and goings of employees occurring only at only £ew times per day, and little visitor tra£fic_ c. The use will aot be detrimeatal to the existiag cfiaracter of developmeat fa tIze i.�ediate neiglxbozhood or eadaagez the pssb2ic heaZth, safety, or geaera2 welfare. This finding is met. The proposed use should have manageable traffic impact with the access to Hudson Road facing 2-94 and most business activity occurring off-site. Whi1e vans will be coming and going during late night hours, there are few of them. The planned improvements should be an improvement over the existing appearance of the property. ' . d. The use is consistent with the comprehensive plaa- This finding is not met. The property was rezoned from B-3 to RT-1 in 1990 as part of the Lower Dayton's Bluff Small Area Plan, which is part of the City's comprehensive plan. The intent was to encourage the eventual redevelopment of the area with residential uses. The code provides for allowing nonconforming uses to change to . similar or less intense nonconforming uses, specifically noting that doing so can be more desirable than requiring them to be vacant if they cannot be converted to conforming uses." (Sec. 62.102(a); emphasis added) When determining whether or not it is advisable to permit a new nonconforming use at a site, the planning commission should therefore consider how likely it is that a conforming use can reasonably be expected to be established at the site within the foreseeable future. Representatives of the Dayton's Bluff Neighborhood Aousing Sexvice (DBNHS), a community development coxporation long active in housing rehabilitation and development in the Dayton's Bluff area, have informed zoning staff that DBNfiS has contacted the owner o£ 841 Hudson with a proposal to acquire the pxoperty, clear the building, and develop the site as residential. This willingness by the DBNfiS to invest in triis property for residential use runs counter to the notion that the site cannot be converted to a conforming use. Staff finds that it is not unreasonable to expect that the intent of the comprehensive plan, that this property be redeveloped as residential, could be ful£illed. I. STAFF RECOE�II2ENDATION: Based on Finding 5(d), staff recommends denial of the change in nonconforming use permit. • CITY OF SAINT PAUL Norm Coleman, Mayar December 14, 2000 Nancy Anderson Council Secretary 310 City Ha11 15 West Kellogg Blvd. St. Paul, MN 55102 OFFICE OF THE CITY ATTORNEY y Clayfon M. Robinson, Jr., Cfry Atdorney 0 � � ��10 Civi[ DivisiOn 400CiryHa17 Telephone:651266-8710 ISWesiKelloggBlvd. Facsimi[e:651298-i619 Saint Paul, Minnuota 55102 Hand Delivered Re: Dayton's Bluff District 4 Community Council Zoning File No. 00-140458 City Council Action Date: September 20, 2000 Deaz Nancy: Enclosed please find a signed Resolution memorializing the Council's decision of September 20, 2000, to grant the District 4 Community Council Appeal in the matter of the application of a non- conforming use permit for 841 Hudson Road. It would be appreciated if this matter could be placed on next week's agenda, or the earliest agenda thereafter. If you have any questions, please don't hesitate to contact me. Very truly yours, '�..�� . G�c�.�-c_.� Peter W. Warner �� Assistant City Attorney PWW/rmb Enclosure DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Director �C7—\\��" 3a CITY OF SAIIVT PAUL Norm Colemars, Mayor E�llgtlSl Z2, 2�� Ms. Nancy Anderson Ciry Council Research Office Room 310 City hall Saint Paul, MN 55102 Dear Ms. Anderson: 25 West Fourth Sbeet Saint Paul, MN 55702 Telephone: 651-266-6626 Facsimile: 65I-228-334I I would like to confirm that a public hearing before the Ciry Council is scheduled for Wednesday, September 6, 2000, for the following appeal of a Planning Commission decision approving a change of nonconforming use permit. Appellant: F�le Number; Purpose: Address: Legal Description of Property: Previous Action: DAYTON'S BLUFF DISTRICT 4 COMMUNITY COUNCIL #00-140458 Appeal a Planning Commission decision granting a Change of Nonconforming Use Permit to change from a small custom welding shop to a janitorial service. 841 Hudson Road Willius Subdivision of Block 57 of Lyman Daytons Addition to Saint Paul Subj to esmts and ex SWIy 10 fr. for alley; NWIy 73.91 ft. of Lots 1 thru 3. Block 57 Planuing Commission approval; vote 9-7, July 28, 2000 Zoning Committee approval; vote 4-1, July 20, 2000 My understanding is that this public hearing request will be announced at the August 23 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. L� � �I /!j`�_ . Patricia James Clty P13ilI1Cr cc: File #00-140458 Paul Dubruiel Carol Martineau Wendy I,ane, LIEP -�sti.�unv� .NOTICE OF POB7dC $EARII�IG - The 3amt Faul (�ty Councal.wiIl con- duct a, on Wednesday,� Sep'tember 6: 2000, aY 5:30 �p.m. - in The CiLp Council Chambers, Third Floor City Hall, 15 4Vest- Kellogg Boulevazd, Saint Paul, MN, to consider_ the appeal of Da}rton's Bluff Mstrict �4 Community �Councll tq a decision of the ��n*+;*+g Commission granting a Change of . Nonconforming Use Permit to change from a small cusfom welding shop to a janitori- al sexvlce at 841 Hudson Road. �eea: A��m� zs, z000 " rrntvCSrnxxDERSOrr ' _ AssistanY..City Counctt Secretary _ ' - ' (Angust 31) - - _--==�37:, PADL LECrAL TEDC�.R -,-- - 0201�5$7 / . - _ -- . DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT BrimfSweeney, D"uettor CITY OF SAINT PAUL Norm Caleman, Mayor �r� August 22, 2000 Ms. Nancy Anderson Secretazy to the City Council Room 310 City Hall Saint Paul, MN 55102 25 Wen Fou�th Street Saint Paul, MN 55102 00 -�1'1S� TeTephone: 651-266-6616 Facrimile: 651-228-3341 RE: Zoning File #00-140458 DAYTON'S BLUFF DISTRICT 4 COMMUDtITY COUNCII. Ciry Council Hearing: September 6, 2000, 430 p.m. City Council Chambers PURPOSE: To consider the appeal of the Aayton's Bluff Aistrict 4 Community Council to a Planning Commission decision granting a Nonconforming Use Permit to Linn Building Maintenance to change from a small custom welding shop to a janitorial service. PLANNING COMMISSION RECOMMENDATION: APPROVAL vote: 9-7 ZONING COMMII"TEE RECOMMENDATION: APPROVAL vote: 4-1 • STAFF RECOMMENDATION: DENIAL SUPPORT: 1 person spoke and also sent a letter. OPPOSITION: no one spoke. I.etter from Dayton's Bluff District 4 Community Council Dear Ms. Anderson: LINN BUILDING MAINTENANCE submitted a request for a Nonconfomung Use Permit for property at 841 Hudson Road, to permit a change from a small custom welding shop to a janitorial service. The Zoning Committee of the Planning Couunission conducted a public heazing on ffie application on July 20, 2000. Staff presented a report recommending denial. The property owner spoke in support. The applicanYs realtor testified, and the applicant was present to answer quesrions. At the close of the public heazing the committee voted 4-1 to recommend approval of the Nonconforming Use Permit. The Planning Commission upheld the Zoning Committee's recommendation for approval on a vote of 9-7 on 7uly 28, 2000. This appeal is scheduled to be heard by the City Council on September 6, 2000. Please call me at 266- 6639 if there are any questions. Si rely, y�� . � Patricia James City Planner • Attachments cc: File # 00-140458 City Councilmembers o a _ �� NOTICONFORMtNG USE PERN(IT APPLICATION • �� Department of Planning and Economic Development `�� Zoning Section II00 Ciry Hall Annex 25 West Founh Street Saint Paul, MN 55102 166-6589 APPLICANT �� Name S�vl �:5�\� Address ��1 S\Cl-�' �1� �.�� 25 City ��.'�Gw� St.IU,� Zip S'�\l Daytime Fhone L'S\ 77`S'�322 Name of owner (if different} Contact person (if different) Phone PROPERTY Address/Location �� \ �r LOCATION Legal descriptiorn2��;�;3� �.�� e E'yRc�c s�� ..,;��• S�.e�;.,=s. c�� L.�•o..�� y�.,..� c��:�:.... fattach addrtionaf sheet if necessary, — SY�a\� TYPE OF PERMIT: Application is hereby made for a Nonconfortning Use Permit und=r provisions of Chapter 62, Section 102, subsection i, Paragraph 3 of the Zoning Code. The permit is for: C� Change from one nonconforming use to another (para. 3 in Zoning Code) ❑ Re-esta5lishment of a nonconforming use vacant for more than one year (pare. 5) ❑ Legai estabiishment of a nonconforming use in existence at least 10 ysars (para. 1) ❑ Eniargement of a nonconforming use (para. 4) SUPPORTING INFORMATION; supply the information that is applicable to your type of permit. CHANGE IN USE: PresenUPast or RE-ESTABLISHMENT: Proposed usi Zoning � �—\ Additionai information for ali applications (atfach additional sheets rf necessary): � `Required site pian is attached � Appiicant's � [� ��!J S=; C° 3 �� , Date Ci � ==4 City agent � �� °:� , � �. LINN BUILDING MAINTENANCE 2126 Burr Street • St. Paul, MN 55117 • 651-778-1322 June 19,2000 Saint Pau} Planning Commission Zoning Committee 1100 City Hall Annex 25 West Forth Street Saint Paut, Mn SSIOZ Dear Committee: This letter is in regards to a Non-Conforming use permit for the property located at 841 Hudson Road. The progosed nse for Yhis property is to house the offices for Linn Building Maintenance (a janitorial company). This plan will be more appropriate the its existing use as a weldiag shop (the building is currently vacant). The inside will be renovated and the outside fa�ade and grounds will be redone to reflect the reputation of Linn Buiiding Maintenance as one of the leading janitoriai service companies in the Twin Cities area. The traffic generated by tltis office will be minimal. Linn Building Diaintenance conducts its business strictly at our client's offices. The main traffic to and from the building wili be future employees and our office staff of four. This proposal will in no r►-ay be detrimental to the surrounding area. Lian BuiIdine Maintenance provides a safe aud clean environment which, as mentioned above, will be re��amped to promote the professional appearance, inside as weIl as outside. Thus, the structure and grounds will blend in well to the existing enr•ironment In addition Linn Building blaintenance will be able to offer employment opportunities to the surrounding neighborhood. This wilt fielp promote the generai welfare of the existing community. Enclosed you wiil find a site plan including the projected parl:ing lot and landscape plan. Linn Building Maintenance suarantees that its use will be consistent with that of this overall proposa[. Sincerely, � �X-c� � ��"`�i`"u`'''�2� Steve Iiissell & Jeff Kissell � • t�ihlcLU..��..iT. • • •� • �•• ' �' �� \� l � � 2cA:10R CONIl1�RCIAI�INDUS'Z'�iSAL PIJRCHASE AG�EMENT in�s AssoNaGOn a�sdaime any �iablllry arisn9 oul of �:e o� mis�se ot Sr,�9 fcrm, �6f/tfY�+�- �,it,e�U > I'�IN, �/� � �� . �00 RECEtvED OF o�Trvi� r - a4� r �'-�- �hc sum of �'� T�� (� 7 �• � � ) DOLI.ARS as earnesL money and in ec __ 7L_T .�_� � --�i. — - Counco of �i(�2^'�� >' . S�n� of Minnesora, and legally described cogether with foilowing pecsonal propeay: �rayment for [he purha�QtZprop=m� j�L4zL32o�fi �' s�cuat� �� EO110WS: ��- n�� .. �i oF wh�ch properry the undersigned has ihis day��ld ro� th�nyer for the sum of: �/�� n^'��'�y ��'"� �'; �� _�5 �� i3pLI,ARS, which rhe Buyer agrees ro pay in [he foilowin� mermer: f-F Eames� money hemin paid S 7� � a � a�d S� �. cash, on •�^•� �, dv � 1 da� oF closin� and the balance of S 1 �g..}�� O— by financing a5 Shown on the 2ttach:d z�er.du '�' �UEED��I?.I2.ECE'IAJ3LE TITI.E: Subjett co perforrn3nce by the Euyer, the Setler agrees w execucz zrd dcli�'er a�Xl�-T��' �i'arr;ny Decd con�cyin� mzrke�ble ade co said ptetnises subject only to the fo(lowing exceptions: (a) Building and zoung laws, ordinznces. Sc�� and Frderal regulaoons. @) R:s¢icdons reladcb ro use or in�prov�cn: of �he przmises � i�`,cuc effec:i�e forfciture pro�ision. (c) R:servzaon of any minetsls or mineral cighcs ro the Statc oE �B(nnesoca. (d) Uelity 2,d dcau;a ;e e�er:•,er:s whith do not"ineerfere wirh pre;znt ir.tpro�emena. (e) Righcs of tznancs as foUoWS: dA-� -- ? REAJ., FSI'��TE'GUCFS. Rzal eseace c�es due snd payable in the yeu of closin; shaU be p;ocated 6etw�.n ScL'cr ard Buyer on z cr1c-`r y:zr basis co the acmat dare of closing uelcss ou5crwise pro�ided in this Agceemene. Rzxl estsce t�es pzyabte ia 4'�e years prior to ctcs:a; sha!t 9c paid by SeUer. Rzal esu� taxes paysb:e in t�'�e years subsequ.nt W closing shaL bz pzid try Buycr. 3 SPECI.AJ, ASS' ` [Svikc ouc one.j BUXF.�t AivD SELLER SHAI,L PRORA'PE AS OF Tf�� DATE OF CIASL�G . 56LL JtiAI.L PAY n �1e dace of dosing zi insvllmen� of special assessmen� cervfied fer paymenc with she re�l es�ete ��as �=� an p.� a c u� the yea; of dosir,�. (5� ike out onc.) IILYF.R SHA�,L ASStthfE SELLER SHA.LL PAY ON AA'IE OF CIASL`IG � other spe.^:d asscs;n�ea�s le�:^:. as of �he dace of chis Agrezmznc. �Svilce oue one.) SCh'P.R SfIALL PSSG'�t1E S£LLEP. SHP,I.L PROYIDE FOR � •�' special 2nessmenes p2zu�n� � of ehe daL of this Agceemznt for improvemen[i at ave beer or er e Ciry Council oc o�he: govenmene: assessir.= ac:��o. (Setler's pro�ision for paymene shall he by Qaymenc inco escrow of 1'F times the estitn:ted amount cf the assessmenu.) If a�fxci�l assessment become> pending after the dz!e of this A�reemen[ and beEore fiz dac: of closag, Suyc: r.:ay, a[ Buye: s op::�^ (a) .�ssume payment of the p�:nding specis assessment withouc adjusm:nt to the purchase price; or (b) Require Sei;er co pzy ��e �r�= € s�ecial assessment (or escmw fo; paymenc of same a sum equal co P� cime; [he projecul pe;�ding assessmanU xnd Buyer s:i1 pa � ce:rvnersu:ate increase in the purchase p;icc eF �he properry. whi=h increase shall be the szne as 4'�e esncnau�i ztrco�t of t.c assnsr..='.t or (c) Dectzre �1vi Agreenene rull znd void by roccz co Sellet, end tarnest money shall be reFunCed to $ey::. � Sefir, shall pay on dace of closing anY defertzd real esa�e ��es or special assessmena payment which u reau_�ed zs a res1:: ot i.� �:-_-'`- o; rtus rzla. = PROI2ATIO; iS. � items customari:y Frorated and adjuscad in connecr.or, wich che c(osu:g of c:�e sie of che p ::?e'ty rcrei:� 4��i=� '= Sut oot linuted to rcns, cozracing �parazs. inte:es: on any debt assa�ned by Buye,, sh�!1 be prorate:: as cE c}�e �'ce of cios,r_ 1: >"= pe a»umeG thae Ne Huye: will own C�e properry for [he enci*c dace of che ciosin3. 5. U:ti�I1GES TO RE4l, PROPERTI'. Ii u�cre is 2.y loss oc d?mage to the properry btutc, «c �:e hereo.° �_ � che c:.wce e: :.=:-'.°-. . . . .. __� _ n �' "._ , ceil�. i: rh< n.nro�r i< r1>vrnV>:� n' S:]bi'3�:J3�Y GZ722G� �'flb7_ C._ :�QSUiY. L��:S F:: ".-0' �JUN-20-�0 TUE 1�:16 Ait BURNET REftLTY W8L JUN-13-00 NE 71�58 htl BURN'eT REkL7Y Wfll, � liKe�O � � FAX N0. 9?40 FFR N0. 9940 r. oz P. 02 ADDENDUM TO PURCHASE AGAEEMENT cuwx Th� wm, aoa�a tr� �ne M'✓n.a«. w,so6uten a pEAUpRS`: Mm�wco'S ASSOrAMn d �AUOR,S nsqak�u vry rNbw�y .vinq eW a� w+KS � of � � b� � 1, oate ^ �"i �� T.-��"LA 2. Page ,__�_� ot ��'_ Page3 3 AddenAam M P�rGhas° Agroement �b parUes datetl—} ��, F . � am�J q to the purchasa ! and aale nf thc pro0erty at___._d . F— . / -� '-� �-�--�.��"' S__......_--__ '_ 8 .. ----- " ). �. 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CA c' 3 . � � � �� 4 �. �, � � t ' 7 0 - -� E— J � T � �� ' _� � � � Q — �v h ' �� -- 6 .—..`_ c i � ,--,� �---- � Q �4 �? �� 3 � a �- � ., / �`'� v �� o� _.�J ��`�a'�'.�� dQ • CITIZEN PARTICIPATIO DIS RI TS 1.SUYRAY-BATTLECREEK-HIGHld00D 2.GREATER EAST SIDE �11 �ST SIDE �C 4 BLUFF — rPAYNE-PHALEN 6.NORTH END 7.THOMAS-DALE 8.SUMMIT-UNIVERSITY 9.WEST SEVENTH lO.COMO 11. HAMLINE-MID'rlAY 12.ST. A�ITHONY 13.MERRIAN PK.-LEXIN6TON HAu�IINE • 14.GROVELF.iID-MACALESTER l5.HIGHLA;iD 16.SU��l�4IT HILL 17. OO�rfi1T05;.`i CITIZEN PARTICIPA7ION PLANNING DISTRICTS i � I ��$�l�fl'�� d�� • DAYTON'S BLUFF DISTRICT 4 �N � � ;q; 'm' ,,� :�.�\\ V �t �;� j� � ,. � � � � �o_�� g' 1� � ifi � � �;� �� a �� R/tl�l�W I 0 �� `�. .�- 0 _ � `J � � \'. / � i � ((( � \\. �_� /.. \� � ,�� \�� ``. � \- -'- �� I _ Li� � i� Lt��;. , , � : � , �_ T!�1T;1i1 i 4 yy ��`�a.�\ �w ``;\�/1/l� — i� M _� `'�� \ • ` ' ` �� . �� \\�` �� ' -� �. `,��CS � "'.. ' � J L'\ , \` \ \'�\� •,; � � �i%_ 4 �9 \ �Y`�� S �� p \� '`�i _ \ / , � i� r � kyM1.r' � 'yy . J L � ��_¢� � � o ;o I �4 i� €^� �, � � ``' � � �� '�\� ��, � � � A?P�IC,SNT ��C��.��. �/\� LEGEND . � PURPOSE �v �r�� "�� Zoning district Eoundzry FILE k G U _ �� DATE ��,�� subject proper,y n"' orh-'� PWG. DIST�_ t�?AP n �� o one family • j^ comr=_:=�z' � i _w ¢ hvo family + ..... i�dus:ri� � �� ¢Q mUltipl2 ta-ti;;� Y vzCa-..