00-25Council File # �O � �S
4RlGINA�.
Presented By
Refened To
RESOLUTION
CITY OF SAINT PAUL, MIlVNESOTA
Green Sheet # 1 O__ p 3'"� St
�3
Committee: Date
2 WFIEREAS, Christopher D. Prior made application to the Boazd of Zoning Appeals for a
3 variance from the strict applicafion of the provisions of the Saint Paul Zoning Code for property
4 commonly lrnown as 848 East Third Street and legally described as Lot 8, Block 83, Stinsons
5 Subdivision; and
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WI3EREAS, the purpose of the application was to vary the standards of the zoning code
to provide two variances in order to convert a single family home to a duplex. The first variance
required a variance of 640 sq. ft. from the minimum lot size requirement of 6,000 sq. ft. to 5,360
sq. ft. and a second variance of 10 ft. from the minunum lot width requirement of 50 ft. to a lot
width of 40 ft.; and
WHEREAS, the Board of Zoning Appeals conducted a public hearing on September 27,
1999, after hauing provided notice to affected properry owners, and the Board, by its resolufion
no. 99-239 voted to deny the applicafion based on the following findings and conclusions:
1.
i�l
3.
The properiy in question cannot be put to a reasonable use under the strict provisions of
the code.
Tlus is an older house that suffered from neglect in the years prior to the applicanYs
ownership. Restoring and maintaining a building this old, and that has been neglected,
can be very eapensive. VJhile there is nothing unique about this site or buiiding ttiat
would prevent the continued use as a single family home, the appiicant has invested a
considerable amount of money in an attempt to salvage the house. Converting the house
to a duplex will help to recoup some of the investment the applicant has already made and
to finance the continued renovation effort.
The piight of the land owner is due to circumstances unique to this property, and these
circutnstances were not created by the land owner.
The age and condition of the house when the applicant purchased it aze circumstances
that were not created by the applicant.
The proposed variances are in keeping with the spirit and intent of the code, and are
consistent with the health, safety, comfort, marals and welfare of the inhabitants of the
City of Saint Paul.
00 -as
2 The proposed variances will facilitate the continued renovation of this house and will also
3 allow the crearion of another unit of affordable housing in the city. This proposal is in
4 keeping with the spirit and intent of the code.
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6 4. The proposed variances will not unpair an adequate supply of light and air to the adjacent
7 properiy, nor will they alter the essential character of the surrounding azea or
8 unreasonably diminish established properry values within the sunounding area.
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10 At this point, the applicant is not proposing any addifions to the building. There is
11 adequate off-street parking for two dwelling units. The proposed variances will not affect
12 the supply of light or air to adjacent properties.
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This properiy is located in a zoning dishict that permits duplexes. The 40 by 134 foot lot
is not an unusual size for duplexes in this area and allowing the conversion of this
building to a duplex will not be out of keeping with other homes in the area. Provided
that the applicant obtains the necessary permits to convert the building to a duplex and
brings the entire building up to minimum building code standards, the addirional dwelling
unit will not adversely affect surrounding property values.
"I'he variance, if granted, would not permit any use that is not permitted under the
provisions of the code for the property in the district where the affected land is located,
nor would it alter or change the zoning district classification of the property.
A two-faznily dwelling is a permitted use in this zoning district. The proposed variances,
if granted, will not change or alter the zoning classification of flie property.
The request for variance is not based primarily on a desire to increase the value or income
potential of the parcel of land.
The applicant states that his primary desire is to continue to rehabilitate this building and
to provide the finances to maintain the building in a sound condition.
WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.205,
Christopher Prior duly filed with the City Clerk an appeal from the determination made by the
Board of Zoning Appeals, requesting that a hearing be held before the City Council for the
purpose of considering the actions taken by the said boards; and
WHEREAS, acting pursuant to the provisions of Saint Paul Legislative Code § 64.205 -
§ 64.208 and upon notice to affected parties, a public hearing was duly conducted by the City
Council on November 3, 1999, where all interested parties were given an opportwuty to be
heard; and
WI�REAS, the Council, having heard the statements made, and having consideted the
variance application, the report of staff, the record, minutes and resolution of the Board of
Zoning Appeals, does hereby;
RESOLVE, that the Council of the City of Saint Paul finds that the Board of Zoning
Appeals committed no enor in any of its facts, findings or conclusions in this matter and the
Council hereby upholds the decision of the Board of Zoning Appeals; and
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2 BE IT FURTHER RESOLVED, that the Council, having found no error in the Board's
3 decision, hereby adopts as its own, and in the interest of brevity, the findings and conclusions of
4 the Boazd of Zoning Appeals as contained in its resolufion no. 99-239 as set forth above; and
6 BE IT FURTHER RESOLVED, that the appeal of Christopher D. Prior be and is
7 hereby denied; and be it
8
9 FINALLY RESOLVED, that the City Clerk sha11 mail a copy of this resolution to
10 Christopher D. Prior, the Zoning Adwinistrator, the Planuing Commission and the Board of
ll Zoning Appeals.
ORIG1N1�1�
Requested by ➢epartment of:
Adopted by Council: Date �`c�, �-00 C�
8Y:
Fosm Approv by City Attorney
By: �w `� �
�'.
Adoption Certified by Counc Secretary Approved by Mayor for Submission to Council
$Y: � cc_.—_. e� . \,'_'S � By: �
Approved by M � Date v �t.i iB �e�
� V
By:
,r . 1
DEPPRTMINf/OFFICEICOUNCIL DATE WR1/aFD
c�t Attorne 12/30/99 GREEN SHEET No i�;�378
CON7ACT PER90N 8 PFfOFIE MMIaI1Dri Wtl�W
Peter Warner �,,, �.«
MUST BE ON COUNCILAGBJOA BY (p4Tq
I1IIl1611
WflIB9tPoR ❑p�AnOIeEY C1fYCLi11K
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❑ wva�ro+��sosr�xn ❑
TOTAL � OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE)
cnoN �uES1ID
Memortalizing the decision of the City Council on November 3, 1999, denying the appeal of
Chris.topher Prior to a decision of the Board of Zoning Appeals denying a variance in order
to convert a single family home into a duplex at 848 Third StreeY East.
R MM N A N pfOYE A}Of BjBCj{R PERSOWILSERKCECONTINCi5MU5T1WSWERTNEROLLOWII{GqUE57ION5:
1. HastltisP��everwvii�eduMerflwnUadtortliretle�fmr.nt?
PL4NNWGCAMMISSION vES �
CIBCOMMIT�EE 2. tiasthbpe�eaJfumwerbaennc�ysmpbyee9
CIViLSERVICECAMMISSION YES NO
3. Dcec Nis PersoruTrm Ooaeesc a slali nat rarmelNPoaeesaetl M arry curteM citY emWoyee7
YES NO
4. la Mis Pe��ml a faryeted Ven�Yl
YES NO
Fxplatn atl Yes answeis on aeperate sheet and attach to Oreer� aM1cet
INITIATING PRpBLEM ISSUE, OPPORNNITY (WM, Wlat When, Whare, Why)
ANTAGESIFAPPROVED
DISFDYANTAGES IF APPROVED
DISA�/AMAGES IF NOT APPROVED
TOtAL AMOUNS OF TqAN3ACTION f COSTIItEVENUE WD6ETED (LYRCLE ON� YES NO
FUNOINC 30URCE ACTMTY NUMBER
FlNqNCIF1INFORMAiION (FJ�WN)
✓
OFFICE OF TI-IE CITY ATTORNEY �p _as
Clayton M Robinson, Jr., CrryAttorney
SAINi
PAOL . � ♦
�
AOAA
CivilDivision
4Q0 Ciry Hall
IS WestKellogg&lvd
Saint Prtu7, Minnesom 55702
Telephone: 65Z 266-8710
Facsimik: 651298-56I9
December 29, 1999
Nancy Anderson
Council Secretaty
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal of Christopher D. Prior
Zoning Resolution 99-239
Public Hearing Date: November 3, 1999
Dear Ms. Anderson:
Attached please find the signed as to form original of a Council Resolution memorializing the
decision of the Saint Paul City Council in the above-entitled matter. Please place ihis matter on
the consent agenda at your eazliest convenience.
Very tnily yours,
��UV�,
Peter W. Warner
Assistant City Attorney
PWW/rmb
Encloswe
CITY OF SAII3T PAUL
Norm Coleman, Mayor
October 18, 1999
Ms. Nancy Anderson
City Council Research O�ce
Room 310 City Hall
Saint Paul, MN 55102
Dear Ms. Anderson:
OFFiCE OF LICENSE, INSPECTIONS AND O ��dJ
ENVIItONMENT'AL PROTECTiON
Robert Kessler, Director
7AIYRYPROFESSIONALBUILDING Tekphane:651-266-9090
350SxPete'Sheet,Suite300 Facsimi7e: 651-266-9099
SaiMPaul,Minnesota 55102-IS10 657-266-9124
3�
Co+�t�� Rssea.>�. • �:: .,��
Q�sl � � 1��3
I would like to confirm that a public hearing before the City Cowncil Is scheduled for Wednesday, November
3, 1999, for the following zoning case:
Appellant:
File Number:
Purpose:
Christopher Prior
99-100802
Appeai a decision of the Board of Zoning Appeals
denying a variance in order to
convert a single family home into a duplex.
L.ocation:
Staff Recommendation:
District 4 Recommendation:
Boazd Decision:
848 Third Street E.
Approval
Denial
Deny, 4-3 vote
I have confinned this date with the office of Councfl Member Lantry. My understanding is that this public
hearing request will appear on the agenda of the City Council at your earliest convenience and that you will
publish norice of the hearing in the Saint Paul L,egal I,edger. Tl�az�ks?
Please cail me at 651- 266-9082 if you have any questions.
Sincerely,
�� �
/ /John Hazdwick
� Zoning Technician
• �srxuiv � _
� . NfYTiCEOFPi�7BLIC.HEABtDi� , .
The Saint Paut CYty CovnclFwlIl cond�act
a publlc heazing on Wednesday, November
3, 1999, at 5:30 p.m. ia tlYe City Councff
Chambers, Third Floor,. City Ha11-
Courthouse, to consider the appeal of
Chils{ap7f�-prtor to a decision o€ the
Baard of Zoning Appeals denying a
variance ui order to converta single family
home into a duplex at S4S Third Street
East.
Dated: October 19, 1999 � � `
NANCYANDERSOLY- -
Assistant City Co7mc11 Seccetae}� ,
" SOcC 21) � " . .
--SL.PAU±._7F43AUI.EDdIIt--- I
APPLiCAT10N FOR ZONING VARIANCE
OFFLCE OF LICENSE, INSPECTIONS, ANI?
ENVIRONMENTs1LPROTECTION �$ g 3 3 2
3� 0 St. Peter Street, Suite 3(JO
Saint Paul, MN i�102-1 �IO
266-9008
APPLICANT
PROPERTY
Zaning oifice use ortty 00 l�l.S
Fife number: � ��
Fee: � ��`�`
Te�Yative haarittg date: � �7- a /`�
s����s�_ 6/ �a/
Ci[y agerrt
Name Chri �topher T7 _ Pr; nr Company
Address 19F,1 H�a��ni ci-
City ST aul State ��ZipsS'I'IQ DaytimePhone�651)772-911(1
Ptoperty interest of applicant (owner, conhact purcfiaser, etc.) OWnei'
Name of owner (if different)
�
Legaldescnption noRCOntorm.
(attach additional sheet ifnecessary}
Lotsize 40X134 PresentZoningRTl PresentUse Sinc��P Familv
Proposed Use COAtinll2 nonconformincr Dllp12x
1. Variance(s) requeste2l-'-'Lot Si ze � jvt : � � 0 1 p.. �` �-`��
Size: 5360§q ft � ` /?l.c N '� � �
Min: 6000sq ft cf0 � fx�v�v3�
Variance:640sqft Ja r �R��A
2. What physicaf characteristics of the property prevent ds being used for any of the permitted uses in your zone?
(topography, size and shape of lot, soil conditions, etc.)
Size of lot
3. Explain how the strict appCcation of the provisions of the Zoning Ordinance would result in peculiar or exceptionai
practical difficulties or exceptional undue hardships.
Exceptional undue hardship to owner
due to income £rom house
CASHIERS USE ONLY
4. Explain how the granting of a variance will not be a substantial detriment
to the public good or a substantial impairment of the intent and purpose
of the Zoning Ordinance. t34lflfl44nooa3i5:li.*'`ii CLt'RK 3
�4��(} ��}}i�Fli�t�� ��C.`i,�C3
My intent is to provide additio al �� �4��.u0
housing which wi11 benBfit the
city o£ ST. Paul.
if
ApplicanYs signature �i� �q. �,14'/ Date ( ` t �
0 o-as
JULY 26, 1999
TO WHOM IT MAY CONCERN:
WHILE THE ECONOMY tS GOOD, THERE IS A 7REMENDOUS NEED IN SAINT PAUL
FOR AFFORDABLE HOUSING. 1 WOULD UKE TO CHANGE THE BUILDING AT 848
EAST 3RD STREET FROM A SfNGLE FAMfIY DWELLIIVG TO A TWO FAM{LY DWELLfNG.
WHILE PROVIDING A SECOND UNIT OF AFFORDABLE HOUS(NG, THIS CHANGE
WOULD ALSO GENERATE ADDITIONAL TAX REVENUE FOR THE CITY OF SAINT PAUL.
IN THE SIX YEARS 1 HAVE OWNED THE PROPERTY, 1 HAVE MADE THE FOLLOWING
IMPROVEMENTS:
BROUGHT THE BUILDING UP TO CODE WHICH INCLUDED; A FURNACE AND
WATER HEATER, PLUMBiNG AND ELECTRICAL CHAt3GES, ADDING A REAR
DECK, STABILIZING THE FRONT PORGH, AS WEIL AS REMOVING LEAD
BASED PAINT.
IN ADDITION TO THESE CODE CHANGES, THE FOLLOWING IMPROVEMENTS
HAVE BEEN MADE: FOUR STALL OFF-STREET PAf2K1f3G, ADDED A BACK
YARD RETAINING WALI, INSTAI.LED COMBINATION WINDOWS, REMODELED
7HE UPSTAfRS KITCHEN AND BATHROOM, CLEANED UP AND FENCED THE
YARD tNCLUDING TREE AND 612USH 42EMOYAL, SANDED, CAULKED, AND
REPAINTED THE EXTERIOR AS WELL AS COMPLETING THE SIDING OF 114 OF
THE STRUCTURE.
MY INTENT, WiTH YOUR APPROVAL, iS TO MAKE ALL OF THE CHANGES NECESSARY
FOR tW0 FAMILY CODE COMPLIANCE.
I HAVE BEEN RECOGNIZED BY THE DAYTON'S BLUFF DISTR{CT FOUR COMMIfNiTY
COUNCIL AS THE MOST APPRECIATED LANDLORD OF 1996, WHILE THE LOWER
UNiT IS CURRENTLY RENTED, MY WEEKLY INVOLVEMENT WfTH THE PROPERTY
INC�UDES YARO MAINTENANCE AND 7ENANT CONTACT. I PERSONALLY DEAL
WITH ALL iSSUES CONCERNING THE PROPERTY AND AM COMMITTED TO MAKING
THE DAYTON'S BLU�F AREA A SETTER PLACE TO UVE.
THANK YOU FOR YOUR CONSfDERATiON OF THfS NfATTER,
G�Z2� � t
�(.1y'7
CHRISTOPHER D. PftlOR
1961 HYACINTH AVENUE EAST
ST PAUL, MN. 55119
65 1177 2-9 1 1 0
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iUIRED INFORHATION UNTTS IN STRUCNRE TO LECAL t3UHBER OF i3NITS
ouslnv Un1t Breakdo�rt
Number of bed[ooms
SquaYe foot size of
untt .
Contract rent
Est. Amount�of ten�nc
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ODeraCin2 Exoenses
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amount
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racio cequiremencs
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l:us[ of leprovemenc>
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900 per -unit
595.00
80.00 per'month
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1200.00
500.00
300.00
850.00 homestead
15,000.00
9.23�
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9�0 per unit
1190.00
160.00 per month
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1800.00
500.00
600.00
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ADDRESS: �� � �- J
PIN: _i/.�-'-•'�--��� �� a% ZL-23-bzl� tNr�/ � ���
SUILDING CARD _ INFOR�"7ATIO.I: `
CONSTRUCTZON DATE:1J-�7'�47J PERt4IT: 3�Jg7i TYPE OF STRBCTURE: r(-
PE&�fITS COUNTY ASSESSOR'S RECORDS LZCENSE RECORDS CITY DIRECTORY
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LEGAL DESCRIPTION:
LOT SIZE:
CROSS STREETS:
ZONE
X
1922
1960
1964 � ��
1975
12 S -1
i �9�tJ -0 /� �
/� �l�$�_�--
USE UNITS
(C/NC) PERMITTED
C
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� ROOMS:
UNITS:
C0.�41ERCIAL USE:
ZONING STATUS FOR ;
��}�/7�j�,( RESIDENTIAS. USE:
LEGAL -
LEGAL - CONFORMING USE WITH NON-CONFORMING LOT SIZE
(for residential) ,
LEGAL - NON-CONFORMING USE �
{ ILLEGAL
t
REQUIRED
LOT SIZE
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PLAI3NZi�G:
LOT SIZE
(CENC)
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ZONING FII.E
NO RECORD
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APPLICAN7 �-��S 1 D Q!-t �2- 'S!�-2o,�
PUR?OSE n1r1JV2 UA�
FILE K�� - 23 q DA7E ��`Z� `�
PLNG. DIST� MAP it �
SCnIE 1' - 400'•
LEGEND
�..�� zoning district boundzry
%/�/����� • w • • � " �
0 one famify
� two tamily ,
'K-�Q multipie ram;ty
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V vacant
Qo -�,S
1. SUNRAY-BATTLECREEK-HIGHWOOD
2. HAZEL PARK HAI?EN-PROSPERIT'Y HILLCREST
3. WEST SIDE
4. DAY'I'ON'S BLUFF
5. PAYNE-PHAI�EN
6. NORTH END
7. THOMAS•DALE
8. SUMMIT-UIVIVERSITY
9. WEST SBVENTFT
10.
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12.
13.
14.
15.
16.
17.
COMO
HAMLINE-MIDWAY
ST. ANTHONY PARK
MERRIAM PARK-LEXINGTOI�I HAMLINE-SNELLTNG HAMLTNE
MACALESTER GROVELAND
HIGHLAND
SUMMTT HII.L
DOWNTOWN
Zan���� �sz� � �
CITIZEN PARTTCIPATION PLANNING DISTRICTS
SEP-25-99 SAT 12:25 PM DAYTONS BLUFF CENTER 7743510
\,il �
Dayton's Bluff
P.02
p o -as
�, 4 District 4 Communzty Council
/.■ � 281 Maria Avenue, Saint Paul, MN 55106 Phone 772-2075 Fax 774-3510
�e
September 24, 1999
To
Re:
St. Paul Zoning Admitustration
John Aazdwick
848 East Third Street
-� S
�.2 J �' ::3>.
The Dayton's B1uffDistrict Four Community Council opposes the two variances needed
for 848 East Third Street to convert from a single family home into a duplex. The reason
for this is that, over time, we would like to see the number of single fam'sly homes in
District 4 inctease, while the number of duplexes and larger rental units decrease. We are
very concerned about stability in the community, particularly in the Lower Bluff where
848 East Third street is located, and know that single fami(y homes contribute to stability
in the community.
This community is under a great deal of stress from crime, housing mobility, and
deterioration of the housing stock. Preservation of single family homes is very importar�t
to us. Please take this ander considetation. Thank you. I can be teached at 772-2075.
Sincerely,
John Vavghn, Community Organizer
cc Kathy Lantry
...
•����r�e�1����1 '/ I I ) /
' 7 ! l ) / I / �����it��������
SEP-25-1999 13:54 7743510 97i p.g2
p o -as
BOARD OF ZONING APPEALS STAFF REPORT
1. APPLICANT: CHRISTOPHER PRIOR
2. CLASSIFICATION: Major Variance
3. LOCATION: 848 3RD STREET EAST
FILE # 99-239
DATE OF HEARING: 09l27l99
4. LEGAL DESCRIPTION: Lot 8, Block 83, Stinsons Subdiv.
5. PLANNTNG DISTRICT:
6. PRESENT ZOIVING: RT-1 ZONING CODE REFERENCE: 61.101
7. STAFF INVESTIGATION AND REPORT DATE: 09/14/99 BY: John Hazdwick
8. DEADLIPTEFORACTION: 11/OU99
DATE RECEIVED: 09/01/99
A. PURPOSE: Two variances in order to convert this single family home to a duplex.
B. ACTION REQUESTED: 1) A minimum lot size of 6,000 square feet is required, and a lot
size of 5,360 square feet is available, for a variance of 640 square feet. 2) A minimum lot
width of 50 feet is requared, and a lot width of 4Q feet is available, for a variance of 10 feet.
C. SITE AND AREA CONDITIONS: This is a 40 by 134 foot pazcel with aliey access to a
surface parking azea in the rear.
Surrounding Land Use: Primarily one- and two-family homes.
D. BACKGROUNA: This two-story, singie-family home was constructed in 1900. The
applicant states that he has made several improvements to the property in the last few yeazs,
and would like to convert the building to a duglex in order to help defray the costs of
confinuing renovarion.
E. FINDINGS:
1. The property in question cannot be put to a reasonable use under the strict provisions of
the code.
T"nis is an oider house that suffered from neglect in the years prior to the applicanYs
ownership. Restoring and maintaining a building this old, and that has been neglected,
can be very expensive. While there is nothing unique about this site or building that
would prevent the continued use as a single-family home, the applicant has invested a
considerable amount of money in an attempt to salvage the house. Converting the house
to a duplex will help to recoup some of the investment the applicant has already made and
to finance the continued renovation effort.
0 o-as
2. The plight of the land owner is due to circumstances unique to this property, and these
circumstances were not created by the land owner.
The age and condition of the house when the applicant purchased it are circumstances
that were not ereated by the applicant.
3. The proposed variances are in keeping with the spirit and intent of the code, and are
consistent with the health, safety, comfort, morals and welfaze of the inhabitants of the
City of St. Paul.
The proposed variances will facilitate the continued renovation of this house and wili also
allow the creation of another unit of affordable housing in the city. This proposal is in
keeping with the spirit and intent of the code.
4. The proposed variances wi11 not impair an adequate supply of light and air to adjacent
property, nor will they alter the essential character of the surrounding area or
unreasonably dimuush established property values within the surrounding azea.
At this point, the applicant is ttot proposing any additions to the building. There is
adequate off-street parking for two dwelling units. The proposed variances will not affect
the supply of light or air to adjacent properties.
This property is located in a zoning district that permits duplexes. The 4� by 134 foot lot
is not an unusual size for duplexes in this azea and allowing the conversion of this
building to a duplex wi11 not be out of keeping with other homes in the area. Provided
that the applicant obtains the necessary permits to convert the building to a duplex and
brings the entire building up to minimum building code standards, the additional dwelling
unit will not adversely affect surrounding properiy values.
5. The variance, if granted, would not permit any use that is not permitted under the
provisions of the code for the property in the district where the affected land is located,
nor would it aiter or change the zoning district classification of the property.
A two-family dwelling is a permitted use in this zoning district. The proposed variances,
if granted, will not change or alter the zoning classification of the property.
6. The request for variance is not based primarily on a desire to increase the value or income
potential of the parcel of land.
The applicant states that his primary desire is to continue to rehabilitate this buiiding and
to provide the finances to maintain the building in a sound condition.
F. DISTRICT COUNCIL RECOMMENDATION: As of the date of this report, we have not
received a recommendation from District 4.
G. STAFF RECOMMENDATION: Based on findings 1 through 6, staff recommends
approval of the variance, subject to the condition that the necessary building permits ate
obtained and that the entire building is brought up to minimum building code standazds.
O O -�.S
CIT� OF SAINT PAUL DEADLINE FOR ACTION: I U01/99
BOARD OF ZONING APPEALS RESOLUTION
ZONING FILE NUMBER # 99-239
DATE September 27, 1999
WHEREAS, CHRISTOPHER PRIOR has applied for two variances from the strict application of
the provisions of Section 61.101 of the Saint Paul Legislative Code pertaining to the conversion of a
single-family home to a duplex, in the RT-1 zoning district at 8A8 3RD STI2EET EAST; and
WHEREAS, the Saint Paui Board of Zoning Appeals conducted a public hearing on September 27,
1999, pursuant to said appeal in accordance with the requirements of Section 64.205 of the
Legislative Code; and
WHEREAS, the Saint Paul Board ofZoning Appeals based upon evidence presented at the public
hearing, as substantially reflected in the minutes, made the following findings of fact:
1. The property in question cannot be put to a reasonable use under the strict provisions of the code.
This is an older house that suffered from neglect in the years prior to the applicant's ownership.
Restoring and maintaining a build'ang this old, and that has been neglected, can be very
expensive. While there is nothing unique about this site or building that would prevent the
continued use as a single-family home, the applicant has invested a considerable amount of
money in an attempt to salvage the house. Converting the house to a duplex will help to recoup
some of the inveshnent the applicant has already made and to finance the continued renovation
effort.
2. The plight of the land owner is due to circumstances unique to this property, and these
circumstances were not created by the land owner.
The age and condition of the house when the applicant purchased it are circumstances that were
not created by the applicant.
3. The proposed variances are in keeping with the spirit and intent of the code, and are consistent
with the health, safety, comfort, morals and welfaze of the inhabitants of the City of St. Paul.
The proposed variances will facilitate the continued renovation of this house and will also ailow
the creation of another unit of affordable housing in the city. This proposal is in keeping with the
spirit and intent of the code.
4. The proposed variances wi11 not impair an adequate supply of light and air to adjacent property,
nor wiil they alter the essential character of the surrounding area or unreasonably diminish
estabiished property values within the surrounding area.
Page l of 3
a o -as
File # 99-239
Resolution
At this point, the appiicant is not proposing any additions to the building. There is adequate off-
street parking for two dwelling units. The proposed variances will not affect the supply of light
or air to ad}acent properties.
This properry is located in a zoning district that permits duplexes. The 40 by 134 foot lot is not
an unusual size for duplexes in this azea and allowing the conversion of this building to a duplex
wili not be out of keeping with other homes in the area. Provided that the applicant obtains the
necessary permits to convert the building to a duplex and brings the entire building up to
minimum building code standards, the additional dwelling unit wiil not adversely affect
surrounding property values.
5. The variance, if granted, would not permit any use that is not permitted under the provisions of
the code for the property in the district where the affected land is located, nor would it alter or
change the zoning district classification of the property.
A two-family dwelling is a permitted use in this zoning district. The proposed variances, if
granted, will not change or alter the zoning classification of the property.
6. The request for variance is not based primarily on a desire to increase the value or income
potential of the parcel of land.
The applicant states that his primary desire is to continue to rehabilitate this building and to
provide the finances to maintain the building in a sound condition.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board ofZoning Appeals that the
provisions of Section 61.101 are hereby waived to allow minimum lot size of 5,360 squaze feet, and
minimum lot width of 40 feet, in order to convert a single-family home to a duplex, subject to the
condit3on that the necessary building permits are obtained and that the entire building is brought up
to minimum building code standards, on property located at 848 3RD STREET EAST; and legally
described as Lot 8, Block 83, Stinsons Subdiv.; in accordance with the applicarion for variance and
the site plan on file with the Zoning Administrator.
MOVED BY:
SECONDED BY:
IN FAVOR:
AGAINST:
r��is�
Page 2 of 3
00 -s1.5
File # 99-239
Resolution
TIlYIE LIlYIIT: No order of the Board of Zoning Appeals permitting the erection or alteration of
a building or oTf-street parking facility shall be valid for a period longer than one
year, unless a building permit for such erection or alteration is obtained within
such period and such erection or alteration is proceeding pursuant to the terms
of such permit. The Board of Zoning Appeals or the City Council may grant an
extension not to exceed one year. In granting such extension, the Board of
Zoning Appeals may decide to hold a public hearing.
APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City
Council within 15 days by anyone affected by the decision, &uilding permits
shall not be issued after an appeal has been filed. If permits have been issued
before an appeal has been filed, then the permits are suspended and construction
shall cease until the City Council has made a£nal determination of the appeal.
CERTIkTCATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint
Paul, Minnesota, do hereby certify that I have compared the foregoing copy with
the original record in my office; and find the same to be a true and correct copy
of said original and of the whole thereof, as based on approved minutes of the
Saint Paul Board of Zoning Appeals meeting held on September 27,1999, and on
record in the Office of License Inspec6on and Environmental Protection, 350 St.
Peter Street, Saint Paul, Minnesota.
SA.INT PAUL BOARD OF ZONING APPEALS
Noel Diedrich
Secretary to the Board
Page 3 of 3
Council File # �O � �S
4RlGINA�.
Presented By
Refened To
RESOLUTION
CITY OF SAINT PAUL, MIlVNESOTA
Green Sheet # 1 O__ p 3'"� St
�3
Committee: Date
2 WFIEREAS, Christopher D. Prior made application to the Boazd of Zoning Appeals for a
3 variance from the strict applicafion of the provisions of the Saint Paul Zoning Code for property
4 commonly lrnown as 848 East Third Street and legally described as Lot 8, Block 83, Stinsons
5 Subdivision; and
7
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WI3EREAS, the purpose of the application was to vary the standards of the zoning code
to provide two variances in order to convert a single family home to a duplex. The first variance
required a variance of 640 sq. ft. from the minimum lot size requirement of 6,000 sq. ft. to 5,360
sq. ft. and a second variance of 10 ft. from the minunum lot width requirement of 50 ft. to a lot
width of 40 ft.; and
WHEREAS, the Board of Zoning Appeals conducted a public hearing on September 27,
1999, after hauing provided notice to affected properry owners, and the Board, by its resolufion
no. 99-239 voted to deny the applicafion based on the following findings and conclusions:
1.
i�l
3.
The properiy in question cannot be put to a reasonable use under the strict provisions of
the code.
Tlus is an older house that suffered from neglect in the years prior to the applicanYs
ownership. Restoring and maintaining a building this old, and that has been neglected,
can be very eapensive. VJhile there is nothing unique about this site or buiiding ttiat
would prevent the continued use as a single family home, the appiicant has invested a
considerable amount of money in an attempt to salvage the house. Converting the house
to a duplex will help to recoup some of the investment the applicant has already made and
to finance the continued renovation effort.
The piight of the land owner is due to circumstances unique to this property, and these
circutnstances were not created by the land owner.
The age and condition of the house when the applicant purchased it aze circumstances
that were not created by the applicant.
The proposed variances are in keeping with the spirit and intent of the code, and are
consistent with the health, safety, comfort, marals and welfare of the inhabitants of the
City of Saint Paul.
00 -as
2 The proposed variances will facilitate the continued renovation of this house and will also
3 allow the crearion of another unit of affordable housing in the city. This proposal is in
4 keeping with the spirit and intent of the code.
9
6 4. The proposed variances will not unpair an adequate supply of light and air to the adjacent
7 properiy, nor will they alter the essential character of the surrounding azea or
8 unreasonably diminish established properry values within the sunounding area.
9
10 At this point, the applicant is not proposing any addifions to the building. There is
11 adequate off-street parking for two dwelling units. The proposed variances will not affect
12 the supply of light or air to adjacent properties.
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F�
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This properiy is located in a zoning dishict that permits duplexes. The 40 by 134 foot lot
is not an unusual size for duplexes in this area and allowing the conversion of this
building to a duplex will not be out of keeping with other homes in the area. Provided
that the applicant obtains the necessary permits to convert the building to a duplex and
brings the entire building up to minimum building code standards, the addirional dwelling
unit will not adversely affect surrounding property values.
"I'he variance, if granted, would not permit any use that is not permitted under the
provisions of the code for the property in the district where the affected land is located,
nor would it alter or change the zoning district classification of the property.
A two-faznily dwelling is a permitted use in this zoning district. The proposed variances,
if granted, will not change or alter the zoning classification of flie property.
The request for variance is not based primarily on a desire to increase the value or income
potential of the parcel of land.
The applicant states that his primary desire is to continue to rehabilitate this building and
to provide the finances to maintain the building in a sound condition.
WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.205,
Christopher Prior duly filed with the City Clerk an appeal from the determination made by the
Board of Zoning Appeals, requesting that a hearing be held before the City Council for the
purpose of considering the actions taken by the said boards; and
WHEREAS, acting pursuant to the provisions of Saint Paul Legislative Code § 64.205 -
§ 64.208 and upon notice to affected parties, a public hearing was duly conducted by the City
Council on November 3, 1999, where all interested parties were given an opportwuty to be
heard; and
WI�REAS, the Council, having heard the statements made, and having consideted the
variance application, the report of staff, the record, minutes and resolution of the Board of
Zoning Appeals, does hereby;
RESOLVE, that the Council of the City of Saint Paul finds that the Board of Zoning
Appeals committed no enor in any of its facts, findings or conclusions in this matter and the
Council hereby upholds the decision of the Board of Zoning Appeals; and
1
00 �,S
2 BE IT FURTHER RESOLVED, that the Council, having found no error in the Board's
3 decision, hereby adopts as its own, and in the interest of brevity, the findings and conclusions of
4 the Boazd of Zoning Appeals as contained in its resolufion no. 99-239 as set forth above; and
6 BE IT FURTHER RESOLVED, that the appeal of Christopher D. Prior be and is
7 hereby denied; and be it
8
9 FINALLY RESOLVED, that the City Clerk sha11 mail a copy of this resolution to
10 Christopher D. Prior, the Zoning Adwinistrator, the Planuing Commission and the Board of
ll Zoning Appeals.
ORIG1N1�1�
Requested by ➢epartment of:
Adopted by Council: Date �`c�, �-00 C�
8Y:
Fosm Approv by City Attorney
By: �w `� �
�'.
Adoption Certified by Counc Secretary Approved by Mayor for Submission to Council
$Y: � cc_.—_. e� . \,'_'S � By: �
Approved by M � Date v �t.i iB �e�
� V
By:
,r . 1
DEPPRTMINf/OFFICEICOUNCIL DATE WR1/aFD
c�t Attorne 12/30/99 GREEN SHEET No i�;�378
CON7ACT PER90N 8 PFfOFIE MMIaI1Dri Wtl�W
Peter Warner �,,, �.«
MUST BE ON COUNCILAGBJOA BY (p4Tq
I1IIl1611
WflIB9tPoR ❑p�AnOIeEY C1fYCLi11K
RW17WG
�� F�NMWLiHtNCFfnl. RNMCUIiFKnYno
❑ wva�ro+��sosr�xn ❑
TOTAL � OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE)
cnoN �uES1ID
Memortalizing the decision of the City Council on November 3, 1999, denying the appeal of
Chris.topher Prior to a decision of the Board of Zoning Appeals denying a variance in order
to convert a single family home into a duplex at 848 Third StreeY East.
R MM N A N pfOYE A}Of BjBCj{R PERSOWILSERKCECONTINCi5MU5T1WSWERTNEROLLOWII{GqUE57ION5:
1. HastltisP��everwvii�eduMerflwnUadtortliretle�fmr.nt?
PL4NNWGCAMMISSION vES �
CIBCOMMIT�EE 2. tiasthbpe�eaJfumwerbaennc�ysmpbyee9
CIViLSERVICECAMMISSION YES NO
3. Dcec Nis PersoruTrm Ooaeesc a slali nat rarmelNPoaeesaetl M arry curteM citY emWoyee7
YES NO
4. la Mis Pe��ml a faryeted Ven�Yl
YES NO
Fxplatn atl Yes answeis on aeperate sheet and attach to Oreer� aM1cet
INITIATING PRpBLEM ISSUE, OPPORNNITY (WM, Wlat When, Whare, Why)
ANTAGESIFAPPROVED
DISFDYANTAGES IF APPROVED
DISA�/AMAGES IF NOT APPROVED
TOtAL AMOUNS OF TqAN3ACTION f COSTIItEVENUE WD6ETED (LYRCLE ON� YES NO
FUNOINC 30URCE ACTMTY NUMBER
FlNqNCIF1INFORMAiION (FJ�WN)
✓
OFFICE OF TI-IE CITY ATTORNEY �p _as
Clayton M Robinson, Jr., CrryAttorney
SAINi
PAOL . � ♦
�
AOAA
CivilDivision
4Q0 Ciry Hall
IS WestKellogg&lvd
Saint Prtu7, Minnesom 55702
Telephone: 65Z 266-8710
Facsimik: 651298-56I9
December 29, 1999
Nancy Anderson
Council Secretaty
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal of Christopher D. Prior
Zoning Resolution 99-239
Public Hearing Date: November 3, 1999
Dear Ms. Anderson:
Attached please find the signed as to form original of a Council Resolution memorializing the
decision of the Saint Paul City Council in the above-entitled matter. Please place ihis matter on
the consent agenda at your eazliest convenience.
Very tnily yours,
��UV�,
Peter W. Warner
Assistant City Attorney
PWW/rmb
Encloswe
CITY OF SAII3T PAUL
Norm Coleman, Mayor
October 18, 1999
Ms. Nancy Anderson
City Council Research O�ce
Room 310 City Hall
Saint Paul, MN 55102
Dear Ms. Anderson:
OFFiCE OF LICENSE, INSPECTIONS AND O ��dJ
ENVIItONMENT'AL PROTECTiON
Robert Kessler, Director
7AIYRYPROFESSIONALBUILDING Tekphane:651-266-9090
350SxPete'Sheet,Suite300 Facsimi7e: 651-266-9099
SaiMPaul,Minnesota 55102-IS10 657-266-9124
3�
Co+�t�� Rssea.>�. • �:: .,��
Q�sl � � 1��3
I would like to confirm that a public hearing before the City Cowncil Is scheduled for Wednesday, November
3, 1999, for the following zoning case:
Appellant:
File Number:
Purpose:
Christopher Prior
99-100802
Appeai a decision of the Board of Zoning Appeals
denying a variance in order to
convert a single family home into a duplex.
L.ocation:
Staff Recommendation:
District 4 Recommendation:
Boazd Decision:
848 Third Street E.
Approval
Denial
Deny, 4-3 vote
I have confinned this date with the office of Councfl Member Lantry. My understanding is that this public
hearing request will appear on the agenda of the City Council at your earliest convenience and that you will
publish norice of the hearing in the Saint Paul L,egal I,edger. Tl�az�ks?
Please cail me at 651- 266-9082 if you have any questions.
Sincerely,
�� �
/ /John Hazdwick
� Zoning Technician
• �srxuiv � _
� . NfYTiCEOFPi�7BLIC.HEABtDi� , .
The Saint Paut CYty CovnclFwlIl cond�act
a publlc heazing on Wednesday, November
3, 1999, at 5:30 p.m. ia tlYe City Councff
Chambers, Third Floor,. City Ha11-
Courthouse, to consider the appeal of
Chils{ap7f�-prtor to a decision o€ the
Baard of Zoning Appeals denying a
variance ui order to converta single family
home into a duplex at S4S Third Street
East.
Dated: October 19, 1999 � � `
NANCYANDERSOLY- -
Assistant City Co7mc11 Seccetae}� ,
" SOcC 21) � " . .
--SL.PAU±._7F43AUI.EDdIIt--- I
APPLiCAT10N FOR ZONING VARIANCE
OFFLCE OF LICENSE, INSPECTIONS, ANI?
ENVIRONMENTs1LPROTECTION �$ g 3 3 2
3� 0 St. Peter Street, Suite 3(JO
Saint Paul, MN i�102-1 �IO
266-9008
APPLICANT
PROPERTY
Zaning oifice use ortty 00 l�l.S
Fife number: � ��
Fee: � ��`�`
Te�Yative haarittg date: � �7- a /`�
s����s�_ 6/ �a/
Ci[y agerrt
Name Chri �topher T7 _ Pr; nr Company
Address 19F,1 H�a��ni ci-
City ST aul State ��ZipsS'I'IQ DaytimePhone�651)772-911(1
Ptoperty interest of applicant (owner, conhact purcfiaser, etc.) OWnei'
Name of owner (if different)
�
Legaldescnption noRCOntorm.
(attach additional sheet ifnecessary}
Lotsize 40X134 PresentZoningRTl PresentUse Sinc��P Familv
Proposed Use COAtinll2 nonconformincr Dllp12x
1. Variance(s) requeste2l-'-'Lot Si ze � jvt : � � 0 1 p.. �` �-`��
Size: 5360§q ft � ` /?l.c N '� � �
Min: 6000sq ft cf0 � fx�v�v3�
Variance:640sqft Ja r �R��A
2. What physicaf characteristics of the property prevent ds being used for any of the permitted uses in your zone?
(topography, size and shape of lot, soil conditions, etc.)
Size of lot
3. Explain how the strict appCcation of the provisions of the Zoning Ordinance would result in peculiar or exceptionai
practical difficulties or exceptional undue hardships.
Exceptional undue hardship to owner
due to income £rom house
CASHIERS USE ONLY
4. Explain how the granting of a variance will not be a substantial detriment
to the public good or a substantial impairment of the intent and purpose
of the Zoning Ordinance. t34lflfl44nooa3i5:li.*'`ii CLt'RK 3
�4��(} ��}}i�Fli�t�� ��C.`i,�C3
My intent is to provide additio al �� �4��.u0
housing which wi11 benBfit the
city o£ ST. Paul.
if
ApplicanYs signature �i� �q. �,14'/ Date ( ` t �
0 o-as
JULY 26, 1999
TO WHOM IT MAY CONCERN:
WHILE THE ECONOMY tS GOOD, THERE IS A 7REMENDOUS NEED IN SAINT PAUL
FOR AFFORDABLE HOUSING. 1 WOULD UKE TO CHANGE THE BUILDING AT 848
EAST 3RD STREET FROM A SfNGLE FAMfIY DWELLIIVG TO A TWO FAM{LY DWELLfNG.
WHILE PROVIDING A SECOND UNIT OF AFFORDABLE HOUS(NG, THIS CHANGE
WOULD ALSO GENERATE ADDITIONAL TAX REVENUE FOR THE CITY OF SAINT PAUL.
IN THE SIX YEARS 1 HAVE OWNED THE PROPERTY, 1 HAVE MADE THE FOLLOWING
IMPROVEMENTS:
BROUGHT THE BUILDING UP TO CODE WHICH INCLUDED; A FURNACE AND
WATER HEATER, PLUMBiNG AND ELECTRICAL CHAt3GES, ADDING A REAR
DECK, STABILIZING THE FRONT PORGH, AS WEIL AS REMOVING LEAD
BASED PAINT.
IN ADDITION TO THESE CODE CHANGES, THE FOLLOWING IMPROVEMENTS
HAVE BEEN MADE: FOUR STALL OFF-STREET PAf2K1f3G, ADDED A BACK
YARD RETAINING WALI, INSTAI.LED COMBINATION WINDOWS, REMODELED
7HE UPSTAfRS KITCHEN AND BATHROOM, CLEANED UP AND FENCED THE
YARD tNCLUDING TREE AND 612USH 42EMOYAL, SANDED, CAULKED, AND
REPAINTED THE EXTERIOR AS WELL AS COMPLETING THE SIDING OF 114 OF
THE STRUCTURE.
MY INTENT, WiTH YOUR APPROVAL, iS TO MAKE ALL OF THE CHANGES NECESSARY
FOR tW0 FAMILY CODE COMPLIANCE.
I HAVE BEEN RECOGNIZED BY THE DAYTON'S BLUFF DISTR{CT FOUR COMMIfNiTY
COUNCIL AS THE MOST APPRECIATED LANDLORD OF 1996, WHILE THE LOWER
UNiT IS CURRENTLY RENTED, MY WEEKLY INVOLVEMENT WfTH THE PROPERTY
INC�UDES YARO MAINTENANCE AND 7ENANT CONTACT. I PERSONALLY DEAL
WITH ALL iSSUES CONCERNING THE PROPERTY AND AM COMMITTED TO MAKING
THE DAYTON'S BLU�F AREA A SETTER PLACE TO UVE.
THANK YOU FOR YOUR CONSfDERATiON OF THfS NfATTER,
G�Z2� � t
�(.1y'7
CHRISTOPHER D. PftlOR
1961 HYACINTH AVENUE EAST
ST PAUL, MN. 55119
65 1177 2-9 1 1 0
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ouslnv Un1t Breakdo�rt
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Contract rent
Est. Amount�of ten�nc
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595.00
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15,000.00
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SUILDING CARD _ INFOR�"7ATIO.I: `
CONSTRUCTZON DATE:1J-�7'�47J PERt4IT: 3�Jg7i TYPE OF STRBCTURE: r(-
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2. HAZEL PARK HAI?EN-PROSPERIT'Y HILLCREST
3. WEST SIDE
4. DAY'I'ON'S BLUFF
5. PAYNE-PHAI�EN
6. NORTH END
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8. SUMMIT-UIVIVERSITY
9. WEST SBVENTFT
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CITIZEN PARTTCIPATION PLANNING DISTRICTS
SEP-25-99 SAT 12:25 PM DAYTONS BLUFF CENTER 7743510
\,il �
Dayton's Bluff
P.02
p o -as
�, 4 District 4 Communzty Council
/.■ � 281 Maria Avenue, Saint Paul, MN 55106 Phone 772-2075 Fax 774-3510
�e
September 24, 1999
To
Re:
St. Paul Zoning Admitustration
John Aazdwick
848 East Third Street
-� S
�.2 J �' ::3>.
The Dayton's B1uffDistrict Four Community Council opposes the two variances needed
for 848 East Third Street to convert from a single family home into a duplex. The reason
for this is that, over time, we would like to see the number of single fam'sly homes in
District 4 inctease, while the number of duplexes and larger rental units decrease. We are
very concerned about stability in the community, particularly in the Lower Bluff where
848 East Third street is located, and know that single fami(y homes contribute to stability
in the community.
This community is under a great deal of stress from crime, housing mobility, and
deterioration of the housing stock. Preservation of single family homes is very importar�t
to us. Please take this ander considetation. Thank you. I can be teached at 772-2075.
Sincerely,
John Vavghn, Community Organizer
cc Kathy Lantry
...
•����r�e�1����1 '/ I I ) /
' 7 ! l ) / I / �����it��������
SEP-25-1999 13:54 7743510 97i p.g2
p o -as
BOARD OF ZONING APPEALS STAFF REPORT
1. APPLICANT: CHRISTOPHER PRIOR
2. CLASSIFICATION: Major Variance
3. LOCATION: 848 3RD STREET EAST
FILE # 99-239
DATE OF HEARING: 09l27l99
4. LEGAL DESCRIPTION: Lot 8, Block 83, Stinsons Subdiv.
5. PLANNTNG DISTRICT:
6. PRESENT ZOIVING: RT-1 ZONING CODE REFERENCE: 61.101
7. STAFF INVESTIGATION AND REPORT DATE: 09/14/99 BY: John Hazdwick
8. DEADLIPTEFORACTION: 11/OU99
DATE RECEIVED: 09/01/99
A. PURPOSE: Two variances in order to convert this single family home to a duplex.
B. ACTION REQUESTED: 1) A minimum lot size of 6,000 square feet is required, and a lot
size of 5,360 square feet is available, for a variance of 640 square feet. 2) A minimum lot
width of 50 feet is requared, and a lot width of 4Q feet is available, for a variance of 10 feet.
C. SITE AND AREA CONDITIONS: This is a 40 by 134 foot pazcel with aliey access to a
surface parking azea in the rear.
Surrounding Land Use: Primarily one- and two-family homes.
D. BACKGROUNA: This two-story, singie-family home was constructed in 1900. The
applicant states that he has made several improvements to the property in the last few yeazs,
and would like to convert the building to a duglex in order to help defray the costs of
confinuing renovarion.
E. FINDINGS:
1. The property in question cannot be put to a reasonable use under the strict provisions of
the code.
T"nis is an oider house that suffered from neglect in the years prior to the applicanYs
ownership. Restoring and maintaining a building this old, and that has been neglected,
can be very expensive. While there is nothing unique about this site or building that
would prevent the continued use as a single-family home, the applicant has invested a
considerable amount of money in an attempt to salvage the house. Converting the house
to a duplex will help to recoup some of the investment the applicant has already made and
to finance the continued renovation effort.
0 o-as
2. The plight of the land owner is due to circumstances unique to this property, and these
circumstances were not created by the land owner.
The age and condition of the house when the applicant purchased it are circumstances
that were not ereated by the applicant.
3. The proposed variances are in keeping with the spirit and intent of the code, and are
consistent with the health, safety, comfort, morals and welfaze of the inhabitants of the
City of St. Paul.
The proposed variances will facilitate the continued renovation of this house and wili also
allow the creation of another unit of affordable housing in the city. This proposal is in
keeping with the spirit and intent of the code.
4. The proposed variances wi11 not impair an adequate supply of light and air to adjacent
property, nor will they alter the essential character of the surrounding area or
unreasonably dimuush established property values within the surrounding azea.
At this point, the applicant is ttot proposing any additions to the building. There is
adequate off-street parking for two dwelling units. The proposed variances will not affect
the supply of light or air to adjacent properties.
This property is located in a zoning district that permits duplexes. The 4� by 134 foot lot
is not an unusual size for duplexes in this azea and allowing the conversion of this
building to a duplex wi11 not be out of keeping with other homes in the area. Provided
that the applicant obtains the necessary permits to convert the building to a duplex and
brings the entire building up to minimum building code standards, the additional dwelling
unit will not adversely affect surrounding properiy values.
5. The variance, if granted, would not permit any use that is not permitted under the
provisions of the code for the property in the district where the affected land is located,
nor would it aiter or change the zoning district classification of the property.
A two-family dwelling is a permitted use in this zoning district. The proposed variances,
if granted, will not change or alter the zoning classification of the property.
6. The request for variance is not based primarily on a desire to increase the value or income
potential of the parcel of land.
The applicant states that his primary desire is to continue to rehabilitate this buiiding and
to provide the finances to maintain the building in a sound condition.
F. DISTRICT COUNCIL RECOMMENDATION: As of the date of this report, we have not
received a recommendation from District 4.
G. STAFF RECOMMENDATION: Based on findings 1 through 6, staff recommends
approval of the variance, subject to the condition that the necessary building permits ate
obtained and that the entire building is brought up to minimum building code standazds.
O O -�.S
CIT� OF SAINT PAUL DEADLINE FOR ACTION: I U01/99
BOARD OF ZONING APPEALS RESOLUTION
ZONING FILE NUMBER # 99-239
DATE September 27, 1999
WHEREAS, CHRISTOPHER PRIOR has applied for two variances from the strict application of
the provisions of Section 61.101 of the Saint Paul Legislative Code pertaining to the conversion of a
single-family home to a duplex, in the RT-1 zoning district at 8A8 3RD STI2EET EAST; and
WHEREAS, the Saint Paui Board of Zoning Appeals conducted a public hearing on September 27,
1999, pursuant to said appeal in accordance with the requirements of Section 64.205 of the
Legislative Code; and
WHEREAS, the Saint Paul Board ofZoning Appeals based upon evidence presented at the public
hearing, as substantially reflected in the minutes, made the following findings of fact:
1. The property in question cannot be put to a reasonable use under the strict provisions of the code.
This is an older house that suffered from neglect in the years prior to the applicant's ownership.
Restoring and maintaining a build'ang this old, and that has been neglected, can be very
expensive. While there is nothing unique about this site or building that would prevent the
continued use as a single-family home, the applicant has invested a considerable amount of
money in an attempt to salvage the house. Converting the house to a duplex will help to recoup
some of the inveshnent the applicant has already made and to finance the continued renovation
effort.
2. The plight of the land owner is due to circumstances unique to this property, and these
circumstances were not created by the land owner.
The age and condition of the house when the applicant purchased it are circumstances that were
not created by the applicant.
3. The proposed variances are in keeping with the spirit and intent of the code, and are consistent
with the health, safety, comfort, morals and welfaze of the inhabitants of the City of St. Paul.
The proposed variances will facilitate the continued renovation of this house and will also ailow
the creation of another unit of affordable housing in the city. This proposal is in keeping with the
spirit and intent of the code.
4. The proposed variances wi11 not impair an adequate supply of light and air to adjacent property,
nor wiil they alter the essential character of the surrounding area or unreasonably diminish
estabiished property values within the surrounding area.
Page l of 3
a o -as
File # 99-239
Resolution
At this point, the appiicant is not proposing any additions to the building. There is adequate off-
street parking for two dwelling units. The proposed variances will not affect the supply of light
or air to ad}acent properties.
This properry is located in a zoning district that permits duplexes. The 40 by 134 foot lot is not
an unusual size for duplexes in this azea and allowing the conversion of this building to a duplex
wili not be out of keeping with other homes in the area. Provided that the applicant obtains the
necessary permits to convert the building to a duplex and brings the entire building up to
minimum building code standards, the additional dwelling unit wiil not adversely affect
surrounding property values.
5. The variance, if granted, would not permit any use that is not permitted under the provisions of
the code for the property in the district where the affected land is located, nor would it alter or
change the zoning district classification of the property.
A two-family dwelling is a permitted use in this zoning district. The proposed variances, if
granted, will not change or alter the zoning classification of the property.
6. The request for variance is not based primarily on a desire to increase the value or income
potential of the parcel of land.
The applicant states that his primary desire is to continue to rehabilitate this building and to
provide the finances to maintain the building in a sound condition.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board ofZoning Appeals that the
provisions of Section 61.101 are hereby waived to allow minimum lot size of 5,360 squaze feet, and
minimum lot width of 40 feet, in order to convert a single-family home to a duplex, subject to the
condit3on that the necessary building permits are obtained and that the entire building is brought up
to minimum building code standards, on property located at 848 3RD STREET EAST; and legally
described as Lot 8, Block 83, Stinsons Subdiv.; in accordance with the applicarion for variance and
the site plan on file with the Zoning Administrator.
MOVED BY:
SECONDED BY:
IN FAVOR:
AGAINST:
r��is�
Page 2 of 3
00 -s1.5
File # 99-239
Resolution
TIlYIE LIlYIIT: No order of the Board of Zoning Appeals permitting the erection or alteration of
a building or oTf-street parking facility shall be valid for a period longer than one
year, unless a building permit for such erection or alteration is obtained within
such period and such erection or alteration is proceeding pursuant to the terms
of such permit. The Board of Zoning Appeals or the City Council may grant an
extension not to exceed one year. In granting such extension, the Board of
Zoning Appeals may decide to hold a public hearing.
APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City
Council within 15 days by anyone affected by the decision, &uilding permits
shall not be issued after an appeal has been filed. If permits have been issued
before an appeal has been filed, then the permits are suspended and construction
shall cease until the City Council has made a£nal determination of the appeal.
CERTIkTCATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint
Paul, Minnesota, do hereby certify that I have compared the foregoing copy with
the original record in my office; and find the same to be a true and correct copy
of said original and of the whole thereof, as based on approved minutes of the
Saint Paul Board of Zoning Appeals meeting held on September 27,1999, and on
record in the Office of License Inspec6on and Environmental Protection, 350 St.
Peter Street, Saint Paul, Minnesota.
SA.INT PAUL BOARD OF ZONING APPEALS
Noel Diedrich
Secretary to the Board
Page 3 of 3
Council File # �O � �S
4RlGINA�.
Presented By
Refened To
RESOLUTION
CITY OF SAINT PAUL, MIlVNESOTA
Green Sheet # 1 O__ p 3'"� St
�3
Committee: Date
2 WFIEREAS, Christopher D. Prior made application to the Boazd of Zoning Appeals for a
3 variance from the strict applicafion of the provisions of the Saint Paul Zoning Code for property
4 commonly lrnown as 848 East Third Street and legally described as Lot 8, Block 83, Stinsons
5 Subdivision; and
7
10
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18
19
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21
22
23
24
25
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27
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31
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33
34
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WI3EREAS, the purpose of the application was to vary the standards of the zoning code
to provide two variances in order to convert a single family home to a duplex. The first variance
required a variance of 640 sq. ft. from the minimum lot size requirement of 6,000 sq. ft. to 5,360
sq. ft. and a second variance of 10 ft. from the minunum lot width requirement of 50 ft. to a lot
width of 40 ft.; and
WHEREAS, the Board of Zoning Appeals conducted a public hearing on September 27,
1999, after hauing provided notice to affected properry owners, and the Board, by its resolufion
no. 99-239 voted to deny the applicafion based on the following findings and conclusions:
1.
i�l
3.
The properiy in question cannot be put to a reasonable use under the strict provisions of
the code.
Tlus is an older house that suffered from neglect in the years prior to the applicanYs
ownership. Restoring and maintaining a building this old, and that has been neglected,
can be very eapensive. VJhile there is nothing unique about this site or buiiding ttiat
would prevent the continued use as a single family home, the appiicant has invested a
considerable amount of money in an attempt to salvage the house. Converting the house
to a duplex will help to recoup some of the investment the applicant has already made and
to finance the continued renovation effort.
The piight of the land owner is due to circumstances unique to this property, and these
circutnstances were not created by the land owner.
The age and condition of the house when the applicant purchased it aze circumstances
that were not created by the applicant.
The proposed variances are in keeping with the spirit and intent of the code, and are
consistent with the health, safety, comfort, marals and welfare of the inhabitants of the
City of Saint Paul.
00 -as
2 The proposed variances will facilitate the continued renovation of this house and will also
3 allow the crearion of another unit of affordable housing in the city. This proposal is in
4 keeping with the spirit and intent of the code.
9
6 4. The proposed variances will not unpair an adequate supply of light and air to the adjacent
7 properiy, nor will they alter the essential character of the surrounding azea or
8 unreasonably diminish established properry values within the sunounding area.
9
10 At this point, the applicant is not proposing any addifions to the building. There is
11 adequate off-street parking for two dwelling units. The proposed variances will not affect
12 the supply of light or air to adjacent properties.
13
14
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17
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F�
�
This properiy is located in a zoning dishict that permits duplexes. The 40 by 134 foot lot
is not an unusual size for duplexes in this area and allowing the conversion of this
building to a duplex will not be out of keeping with other homes in the area. Provided
that the applicant obtains the necessary permits to convert the building to a duplex and
brings the entire building up to minimum building code standards, the addirional dwelling
unit will not adversely affect surrounding property values.
"I'he variance, if granted, would not permit any use that is not permitted under the
provisions of the code for the property in the district where the affected land is located,
nor would it alter or change the zoning district classification of the property.
A two-faznily dwelling is a permitted use in this zoning district. The proposed variances,
if granted, will not change or alter the zoning classification of flie property.
The request for variance is not based primarily on a desire to increase the value or income
potential of the parcel of land.
The applicant states that his primary desire is to continue to rehabilitate this building and
to provide the finances to maintain the building in a sound condition.
WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.205,
Christopher Prior duly filed with the City Clerk an appeal from the determination made by the
Board of Zoning Appeals, requesting that a hearing be held before the City Council for the
purpose of considering the actions taken by the said boards; and
WHEREAS, acting pursuant to the provisions of Saint Paul Legislative Code § 64.205 -
§ 64.208 and upon notice to affected parties, a public hearing was duly conducted by the City
Council on November 3, 1999, where all interested parties were given an opportwuty to be
heard; and
WI�REAS, the Council, having heard the statements made, and having consideted the
variance application, the report of staff, the record, minutes and resolution of the Board of
Zoning Appeals, does hereby;
RESOLVE, that the Council of the City of Saint Paul finds that the Board of Zoning
Appeals committed no enor in any of its facts, findings or conclusions in this matter and the
Council hereby upholds the decision of the Board of Zoning Appeals; and
1
00 �,S
2 BE IT FURTHER RESOLVED, that the Council, having found no error in the Board's
3 decision, hereby adopts as its own, and in the interest of brevity, the findings and conclusions of
4 the Boazd of Zoning Appeals as contained in its resolufion no. 99-239 as set forth above; and
6 BE IT FURTHER RESOLVED, that the appeal of Christopher D. Prior be and is
7 hereby denied; and be it
8
9 FINALLY RESOLVED, that the City Clerk sha11 mail a copy of this resolution to
10 Christopher D. Prior, the Zoning Adwinistrator, the Planuing Commission and the Board of
ll Zoning Appeals.
ORIG1N1�1�
Requested by ➢epartment of:
Adopted by Council: Date �`c�, �-00 C�
8Y:
Fosm Approv by City Attorney
By: �w `� �
�'.
Adoption Certified by Counc Secretary Approved by Mayor for Submission to Council
$Y: � cc_.—_. e� . \,'_'S � By: �
Approved by M � Date v �t.i iB �e�
� V
By:
,r . 1
DEPPRTMINf/OFFICEICOUNCIL DATE WR1/aFD
c�t Attorne 12/30/99 GREEN SHEET No i�;�378
CON7ACT PER90N 8 PFfOFIE MMIaI1Dri Wtl�W
Peter Warner �,,, �.«
MUST BE ON COUNCILAGBJOA BY (p4Tq
I1IIl1611
WflIB9tPoR ❑p�AnOIeEY C1fYCLi11K
RW17WG
�� F�NMWLiHtNCFfnl. RNMCUIiFKnYno
❑ wva�ro+��sosr�xn ❑
TOTAL � OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE)
cnoN �uES1ID
Memortalizing the decision of the City Council on November 3, 1999, denying the appeal of
Chris.topher Prior to a decision of the Board of Zoning Appeals denying a variance in order
to convert a single family home into a duplex at 848 Third StreeY East.
R MM N A N pfOYE A}Of BjBCj{R PERSOWILSERKCECONTINCi5MU5T1WSWERTNEROLLOWII{GqUE57ION5:
1. HastltisP��everwvii�eduMerflwnUadtortliretle�fmr.nt?
PL4NNWGCAMMISSION vES �
CIBCOMMIT�EE 2. tiasthbpe�eaJfumwerbaennc�ysmpbyee9
CIViLSERVICECAMMISSION YES NO
3. Dcec Nis PersoruTrm Ooaeesc a slali nat rarmelNPoaeesaetl M arry curteM citY emWoyee7
YES NO
4. la Mis Pe��ml a faryeted Ven�Yl
YES NO
Fxplatn atl Yes answeis on aeperate sheet and attach to Oreer� aM1cet
INITIATING PRpBLEM ISSUE, OPPORNNITY (WM, Wlat When, Whare, Why)
ANTAGESIFAPPROVED
DISFDYANTAGES IF APPROVED
DISA�/AMAGES IF NOT APPROVED
TOtAL AMOUNS OF TqAN3ACTION f COSTIItEVENUE WD6ETED (LYRCLE ON� YES NO
FUNOINC 30URCE ACTMTY NUMBER
FlNqNCIF1INFORMAiION (FJ�WN)
✓
OFFICE OF TI-IE CITY ATTORNEY �p _as
Clayton M Robinson, Jr., CrryAttorney
SAINi
PAOL . � ♦
�
AOAA
CivilDivision
4Q0 Ciry Hall
IS WestKellogg&lvd
Saint Prtu7, Minnesom 55702
Telephone: 65Z 266-8710
Facsimik: 651298-56I9
December 29, 1999
Nancy Anderson
Council Secretaty
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal of Christopher D. Prior
Zoning Resolution 99-239
Public Hearing Date: November 3, 1999
Dear Ms. Anderson:
Attached please find the signed as to form original of a Council Resolution memorializing the
decision of the Saint Paul City Council in the above-entitled matter. Please place ihis matter on
the consent agenda at your eazliest convenience.
Very tnily yours,
��UV�,
Peter W. Warner
Assistant City Attorney
PWW/rmb
Encloswe
CITY OF SAII3T PAUL
Norm Coleman, Mayor
October 18, 1999
Ms. Nancy Anderson
City Council Research O�ce
Room 310 City Hall
Saint Paul, MN 55102
Dear Ms. Anderson:
OFFiCE OF LICENSE, INSPECTIONS AND O ��dJ
ENVIItONMENT'AL PROTECTiON
Robert Kessler, Director
7AIYRYPROFESSIONALBUILDING Tekphane:651-266-9090
350SxPete'Sheet,Suite300 Facsimi7e: 651-266-9099
SaiMPaul,Minnesota 55102-IS10 657-266-9124
3�
Co+�t�� Rssea.>�. • �:: .,��
Q�sl � � 1��3
I would like to confirm that a public hearing before the City Cowncil Is scheduled for Wednesday, November
3, 1999, for the following zoning case:
Appellant:
File Number:
Purpose:
Christopher Prior
99-100802
Appeai a decision of the Board of Zoning Appeals
denying a variance in order to
convert a single family home into a duplex.
L.ocation:
Staff Recommendation:
District 4 Recommendation:
Boazd Decision:
848 Third Street E.
Approval
Denial
Deny, 4-3 vote
I have confinned this date with the office of Councfl Member Lantry. My understanding is that this public
hearing request will appear on the agenda of the City Council at your earliest convenience and that you will
publish norice of the hearing in the Saint Paul L,egal I,edger. Tl�az�ks?
Please cail me at 651- 266-9082 if you have any questions.
Sincerely,
�� �
/ /John Hazdwick
� Zoning Technician
• �srxuiv � _
� . NfYTiCEOFPi�7BLIC.HEABtDi� , .
The Saint Paut CYty CovnclFwlIl cond�act
a publlc heazing on Wednesday, November
3, 1999, at 5:30 p.m. ia tlYe City Councff
Chambers, Third Floor,. City Ha11-
Courthouse, to consider the appeal of
Chils{ap7f�-prtor to a decision o€ the
Baard of Zoning Appeals denying a
variance ui order to converta single family
home into a duplex at S4S Third Street
East.
Dated: October 19, 1999 � � `
NANCYANDERSOLY- -
Assistant City Co7mc11 Seccetae}� ,
" SOcC 21) � " . .
--SL.PAU±._7F43AUI.EDdIIt--- I
APPLiCAT10N FOR ZONING VARIANCE
OFFLCE OF LICENSE, INSPECTIONS, ANI?
ENVIRONMENTs1LPROTECTION �$ g 3 3 2
3� 0 St. Peter Street, Suite 3(JO
Saint Paul, MN i�102-1 �IO
266-9008
APPLICANT
PROPERTY
Zaning oifice use ortty 00 l�l.S
Fife number: � ��
Fee: � ��`�`
Te�Yative haarittg date: � �7- a /`�
s����s�_ 6/ �a/
Ci[y agerrt
Name Chri �topher T7 _ Pr; nr Company
Address 19F,1 H�a��ni ci-
City ST aul State ��ZipsS'I'IQ DaytimePhone�651)772-911(1
Ptoperty interest of applicant (owner, conhact purcfiaser, etc.) OWnei'
Name of owner (if different)
�
Legaldescnption noRCOntorm.
(attach additional sheet ifnecessary}
Lotsize 40X134 PresentZoningRTl PresentUse Sinc��P Familv
Proposed Use COAtinll2 nonconformincr Dllp12x
1. Variance(s) requeste2l-'-'Lot Si ze � jvt : � � 0 1 p.. �` �-`��
Size: 5360§q ft � ` /?l.c N '� � �
Min: 6000sq ft cf0 � fx�v�v3�
Variance:640sqft Ja r �R��A
2. What physicaf characteristics of the property prevent ds being used for any of the permitted uses in your zone?
(topography, size and shape of lot, soil conditions, etc.)
Size of lot
3. Explain how the strict appCcation of the provisions of the Zoning Ordinance would result in peculiar or exceptionai
practical difficulties or exceptional undue hardships.
Exceptional undue hardship to owner
due to income £rom house
CASHIERS USE ONLY
4. Explain how the granting of a variance will not be a substantial detriment
to the public good or a substantial impairment of the intent and purpose
of the Zoning Ordinance. t34lflfl44nooa3i5:li.*'`ii CLt'RK 3
�4��(} ��}}i�Fli�t�� ��C.`i,�C3
My intent is to provide additio al �� �4��.u0
housing which wi11 benBfit the
city o£ ST. Paul.
if
ApplicanYs signature �i� �q. �,14'/ Date ( ` t �
0 o-as
JULY 26, 1999
TO WHOM IT MAY CONCERN:
WHILE THE ECONOMY tS GOOD, THERE IS A 7REMENDOUS NEED IN SAINT PAUL
FOR AFFORDABLE HOUSING. 1 WOULD UKE TO CHANGE THE BUILDING AT 848
EAST 3RD STREET FROM A SfNGLE FAMfIY DWELLIIVG TO A TWO FAM{LY DWELLfNG.
WHILE PROVIDING A SECOND UNIT OF AFFORDABLE HOUS(NG, THIS CHANGE
WOULD ALSO GENERATE ADDITIONAL TAX REVENUE FOR THE CITY OF SAINT PAUL.
IN THE SIX YEARS 1 HAVE OWNED THE PROPERTY, 1 HAVE MADE THE FOLLOWING
IMPROVEMENTS:
BROUGHT THE BUILDING UP TO CODE WHICH INCLUDED; A FURNACE AND
WATER HEATER, PLUMBiNG AND ELECTRICAL CHAt3GES, ADDING A REAR
DECK, STABILIZING THE FRONT PORGH, AS WEIL AS REMOVING LEAD
BASED PAINT.
IN ADDITION TO THESE CODE CHANGES, THE FOLLOWING IMPROVEMENTS
HAVE BEEN MADE: FOUR STALL OFF-STREET PAf2K1f3G, ADDED A BACK
YARD RETAINING WALI, INSTAI.LED COMBINATION WINDOWS, REMODELED
7HE UPSTAfRS KITCHEN AND BATHROOM, CLEANED UP AND FENCED THE
YARD tNCLUDING TREE AND 612USH 42EMOYAL, SANDED, CAULKED, AND
REPAINTED THE EXTERIOR AS WELL AS COMPLETING THE SIDING OF 114 OF
THE STRUCTURE.
MY INTENT, WiTH YOUR APPROVAL, iS TO MAKE ALL OF THE CHANGES NECESSARY
FOR tW0 FAMILY CODE COMPLIANCE.
I HAVE BEEN RECOGNIZED BY THE DAYTON'S BLUFF DISTR{CT FOUR COMMIfNiTY
COUNCIL AS THE MOST APPRECIATED LANDLORD OF 1996, WHILE THE LOWER
UNiT IS CURRENTLY RENTED, MY WEEKLY INVOLVEMENT WfTH THE PROPERTY
INC�UDES YARO MAINTENANCE AND 7ENANT CONTACT. I PERSONALLY DEAL
WITH ALL iSSUES CONCERNING THE PROPERTY AND AM COMMITTED TO MAKING
THE DAYTON'S BLU�F AREA A SETTER PLACE TO UVE.
THANK YOU FOR YOUR CONSfDERATiON OF THfS NfATTER,
G�Z2� � t
�(.1y'7
CHRISTOPHER D. PftlOR
1961 HYACINTH AVENUE EAST
ST PAUL, MN. 55119
65 1177 2-9 1 1 0
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SINATION NLI'f{ SIIUA7ION uITH
GON2IN13ATION OF EXTRA CONVFRSION OF STRIIGTUKE
iUIRED INFORHATION UNTTS IN STRUCNRE TO LECAL t3UHBER OF i3NITS
ouslnv Un1t Breakdo�rt
Number of bed[ooms
SquaYe foot size of
untt .
Contract rent
Est. Amount�of ten�nc
paid utilities
�come �rom structvre
other than rent
ODeraCin2 Exoenses
Maintenance
Insurance
Utilicies
Other
Taxes
ExistinQ V�-cancv
DebC B
Initial principat
amount
Int_rest rate
AmortizaLion term
Balioon (matuiiry)
f�Lm
HonChly payment
Balance amoun[ on
debt
Sources �: loans
Deb� sei�•ice coverage
racio cequiremencs
Fo rchvbilt[vfinn
7�ro ects:
T)'pc of 1c�tio�'cr�ents
(pr�rldc dcC�il)
l:us[ of leprovemenc>
(pCO�•idc AeCail)
2 per unit
900 per -unit
595.00
80.00 per'month
0
1200.00
500.00
300.00
850.00 homestead
15,000.00
9.23�
2 per unit
9�0 per unit
1190.00
160.00 per month
0
1800.00
500.00
600.00
2500.00 nonhomestead
8.37g
15yrs
154.23
152.80
12,986.00
Household Financial
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ADDRESS: �� � �- J
PIN: _i/.�-'-•'�--��� �� a% ZL-23-bzl� tNr�/ � ���
SUILDING CARD _ INFOR�"7ATIO.I: `
CONSTRUCTZON DATE:1J-�7'�47J PERt4IT: 3�Jg7i TYPE OF STRBCTURE: r(-
PE&�fITS COUNTY ASSESSOR'S RECORDS LZCENSE RECORDS CITY DIRECTORY
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LEGAL DESCRIPTION:
LOT SIZE:
CROSS STREETS:
ZONE
X
1922
1960
1964 � ��
1975
12 S -1
i �9�tJ -0 /� �
/� �l�$�_�--
USE UNITS
(C/NC) PERMITTED
C
�
� ROOMS:
UNITS:
C0.�41ERCIAL USE:
ZONING STATUS FOR ;
��}�/7�j�,( RESIDENTIAS. USE:
LEGAL -
LEGAL - CONFORMING USE WITH NON-CONFORMING LOT SIZE
(for residential) ,
LEGAL - NON-CONFORMING USE �
{ ILLEGAL
t
REQUIRED
LOT SIZE
`
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PLAI3NZi�G:
LOT SIZE
(CENC)
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PUR?OSE n1r1JV2 UA�
FILE K�� - 23 q DA7E ��`Z� `�
PLNG. DIST� MAP it �
SCnIE 1' - 400'•
LEGEND
�..�� zoning district boundzry
%/�/����� • w • • � " �
0 one famify
� two tamily ,
'K-�Q multipie ram;ty
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V vacant
Qo -�,S
1. SUNRAY-BATTLECREEK-HIGHWOOD
2. HAZEL PARK HAI?EN-PROSPERIT'Y HILLCREST
3. WEST SIDE
4. DAY'I'ON'S BLUFF
5. PAYNE-PHAI�EN
6. NORTH END
7. THOMAS•DALE
8. SUMMIT-UIVIVERSITY
9. WEST SBVENTFT
10.
il.
12.
13.
14.
15.
16.
17.
COMO
HAMLINE-MIDWAY
ST. ANTHONY PARK
MERRIAM PARK-LEXINGTOI�I HAMLINE-SNELLTNG HAMLTNE
MACALESTER GROVELAND
HIGHLAND
SUMMTT HII.L
DOWNTOWN
Zan���� �sz� � �
CITIZEN PARTTCIPATION PLANNING DISTRICTS
SEP-25-99 SAT 12:25 PM DAYTONS BLUFF CENTER 7743510
\,il �
Dayton's Bluff
P.02
p o -as
�, 4 District 4 Communzty Council
/.■ � 281 Maria Avenue, Saint Paul, MN 55106 Phone 772-2075 Fax 774-3510
�e
September 24, 1999
To
Re:
St. Paul Zoning Admitustration
John Aazdwick
848 East Third Street
-� S
�.2 J �' ::3>.
The Dayton's B1uffDistrict Four Community Council opposes the two variances needed
for 848 East Third Street to convert from a single family home into a duplex. The reason
for this is that, over time, we would like to see the number of single fam'sly homes in
District 4 inctease, while the number of duplexes and larger rental units decrease. We are
very concerned about stability in the community, particularly in the Lower Bluff where
848 East Third street is located, and know that single fami(y homes contribute to stability
in the community.
This community is under a great deal of stress from crime, housing mobility, and
deterioration of the housing stock. Preservation of single family homes is very importar�t
to us. Please take this ander considetation. Thank you. I can be teached at 772-2075.
Sincerely,
John Vavghn, Community Organizer
cc Kathy Lantry
...
•����r�e�1����1 '/ I I ) /
' 7 ! l ) / I / �����it��������
SEP-25-1999 13:54 7743510 97i p.g2
p o -as
BOARD OF ZONING APPEALS STAFF REPORT
1. APPLICANT: CHRISTOPHER PRIOR
2. CLASSIFICATION: Major Variance
3. LOCATION: 848 3RD STREET EAST
FILE # 99-239
DATE OF HEARING: 09l27l99
4. LEGAL DESCRIPTION: Lot 8, Block 83, Stinsons Subdiv.
5. PLANNTNG DISTRICT:
6. PRESENT ZOIVING: RT-1 ZONING CODE REFERENCE: 61.101
7. STAFF INVESTIGATION AND REPORT DATE: 09/14/99 BY: John Hazdwick
8. DEADLIPTEFORACTION: 11/OU99
DATE RECEIVED: 09/01/99
A. PURPOSE: Two variances in order to convert this single family home to a duplex.
B. ACTION REQUESTED: 1) A minimum lot size of 6,000 square feet is required, and a lot
size of 5,360 square feet is available, for a variance of 640 square feet. 2) A minimum lot
width of 50 feet is requared, and a lot width of 4Q feet is available, for a variance of 10 feet.
C. SITE AND AREA CONDITIONS: This is a 40 by 134 foot pazcel with aliey access to a
surface parking azea in the rear.
Surrounding Land Use: Primarily one- and two-family homes.
D. BACKGROUNA: This two-story, singie-family home was constructed in 1900. The
applicant states that he has made several improvements to the property in the last few yeazs,
and would like to convert the building to a duglex in order to help defray the costs of
confinuing renovarion.
E. FINDINGS:
1. The property in question cannot be put to a reasonable use under the strict provisions of
the code.
T"nis is an oider house that suffered from neglect in the years prior to the applicanYs
ownership. Restoring and maintaining a building this old, and that has been neglected,
can be very expensive. While there is nothing unique about this site or building that
would prevent the continued use as a single-family home, the applicant has invested a
considerable amount of money in an attempt to salvage the house. Converting the house
to a duplex will help to recoup some of the investment the applicant has already made and
to finance the continued renovation effort.
0 o-as
2. The plight of the land owner is due to circumstances unique to this property, and these
circumstances were not created by the land owner.
The age and condition of the house when the applicant purchased it are circumstances
that were not ereated by the applicant.
3. The proposed variances are in keeping with the spirit and intent of the code, and are
consistent with the health, safety, comfort, morals and welfaze of the inhabitants of the
City of St. Paul.
The proposed variances will facilitate the continued renovation of this house and wili also
allow the creation of another unit of affordable housing in the city. This proposal is in
keeping with the spirit and intent of the code.
4. The proposed variances wi11 not impair an adequate supply of light and air to adjacent
property, nor will they alter the essential character of the surrounding area or
unreasonably dimuush established property values within the surrounding azea.
At this point, the applicant is ttot proposing any additions to the building. There is
adequate off-street parking for two dwelling units. The proposed variances will not affect
the supply of light or air to adjacent properties.
This property is located in a zoning district that permits duplexes. The 4� by 134 foot lot
is not an unusual size for duplexes in this azea and allowing the conversion of this
building to a duplex wi11 not be out of keeping with other homes in the area. Provided
that the applicant obtains the necessary permits to convert the building to a duplex and
brings the entire building up to minimum building code standards, the additional dwelling
unit will not adversely affect surrounding properiy values.
5. The variance, if granted, would not permit any use that is not permitted under the
provisions of the code for the property in the district where the affected land is located,
nor would it aiter or change the zoning district classification of the property.
A two-family dwelling is a permitted use in this zoning district. The proposed variances,
if granted, will not change or alter the zoning classification of the property.
6. The request for variance is not based primarily on a desire to increase the value or income
potential of the parcel of land.
The applicant states that his primary desire is to continue to rehabilitate this buiiding and
to provide the finances to maintain the building in a sound condition.
F. DISTRICT COUNCIL RECOMMENDATION: As of the date of this report, we have not
received a recommendation from District 4.
G. STAFF RECOMMENDATION: Based on findings 1 through 6, staff recommends
approval of the variance, subject to the condition that the necessary building permits ate
obtained and that the entire building is brought up to minimum building code standazds.
O O -�.S
CIT� OF SAINT PAUL DEADLINE FOR ACTION: I U01/99
BOARD OF ZONING APPEALS RESOLUTION
ZONING FILE NUMBER # 99-239
DATE September 27, 1999
WHEREAS, CHRISTOPHER PRIOR has applied for two variances from the strict application of
the provisions of Section 61.101 of the Saint Paul Legislative Code pertaining to the conversion of a
single-family home to a duplex, in the RT-1 zoning district at 8A8 3RD STI2EET EAST; and
WHEREAS, the Saint Paui Board of Zoning Appeals conducted a public hearing on September 27,
1999, pursuant to said appeal in accordance with the requirements of Section 64.205 of the
Legislative Code; and
WHEREAS, the Saint Paul Board ofZoning Appeals based upon evidence presented at the public
hearing, as substantially reflected in the minutes, made the following findings of fact:
1. The property in question cannot be put to a reasonable use under the strict provisions of the code.
This is an older house that suffered from neglect in the years prior to the applicant's ownership.
Restoring and maintaining a build'ang this old, and that has been neglected, can be very
expensive. While there is nothing unique about this site or building that would prevent the
continued use as a single-family home, the applicant has invested a considerable amount of
money in an attempt to salvage the house. Converting the house to a duplex will help to recoup
some of the inveshnent the applicant has already made and to finance the continued renovation
effort.
2. The plight of the land owner is due to circumstances unique to this property, and these
circumstances were not created by the land owner.
The age and condition of the house when the applicant purchased it are circumstances that were
not created by the applicant.
3. The proposed variances are in keeping with the spirit and intent of the code, and are consistent
with the health, safety, comfort, morals and welfaze of the inhabitants of the City of St. Paul.
The proposed variances will facilitate the continued renovation of this house and will also ailow
the creation of another unit of affordable housing in the city. This proposal is in keeping with the
spirit and intent of the code.
4. The proposed variances wi11 not impair an adequate supply of light and air to adjacent property,
nor wiil they alter the essential character of the surrounding area or unreasonably diminish
estabiished property values within the surrounding area.
Page l of 3
a o -as
File # 99-239
Resolution
At this point, the appiicant is not proposing any additions to the building. There is adequate off-
street parking for two dwelling units. The proposed variances will not affect the supply of light
or air to ad}acent properties.
This properry is located in a zoning district that permits duplexes. The 40 by 134 foot lot is not
an unusual size for duplexes in this azea and allowing the conversion of this building to a duplex
wili not be out of keeping with other homes in the area. Provided that the applicant obtains the
necessary permits to convert the building to a duplex and brings the entire building up to
minimum building code standards, the additional dwelling unit wiil not adversely affect
surrounding property values.
5. The variance, if granted, would not permit any use that is not permitted under the provisions of
the code for the property in the district where the affected land is located, nor would it alter or
change the zoning district classification of the property.
A two-family dwelling is a permitted use in this zoning district. The proposed variances, if
granted, will not change or alter the zoning classification of the property.
6. The request for variance is not based primarily on a desire to increase the value or income
potential of the parcel of land.
The applicant states that his primary desire is to continue to rehabilitate this building and to
provide the finances to maintain the building in a sound condition.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board ofZoning Appeals that the
provisions of Section 61.101 are hereby waived to allow minimum lot size of 5,360 squaze feet, and
minimum lot width of 40 feet, in order to convert a single-family home to a duplex, subject to the
condit3on that the necessary building permits are obtained and that the entire building is brought up
to minimum building code standards, on property located at 848 3RD STREET EAST; and legally
described as Lot 8, Block 83, Stinsons Subdiv.; in accordance with the applicarion for variance and
the site plan on file with the Zoning Administrator.
MOVED BY:
SECONDED BY:
IN FAVOR:
AGAINST:
r��is�
Page 2 of 3
00 -s1.5
File # 99-239
Resolution
TIlYIE LIlYIIT: No order of the Board of Zoning Appeals permitting the erection or alteration of
a building or oTf-street parking facility shall be valid for a period longer than one
year, unless a building permit for such erection or alteration is obtained within
such period and such erection or alteration is proceeding pursuant to the terms
of such permit. The Board of Zoning Appeals or the City Council may grant an
extension not to exceed one year. In granting such extension, the Board of
Zoning Appeals may decide to hold a public hearing.
APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City
Council within 15 days by anyone affected by the decision, &uilding permits
shall not be issued after an appeal has been filed. If permits have been issued
before an appeal has been filed, then the permits are suspended and construction
shall cease until the City Council has made a£nal determination of the appeal.
CERTIkTCATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint
Paul, Minnesota, do hereby certify that I have compared the foregoing copy with
the original record in my office; and find the same to be a true and correct copy
of said original and of the whole thereof, as based on approved minutes of the
Saint Paul Board of Zoning Appeals meeting held on September 27,1999, and on
record in the Office of License Inspec6on and Environmental Protection, 350 St.
Peter Street, Saint Paul, Minnesota.
SA.INT PAUL BOARD OF ZONING APPEALS
Noel Diedrich
Secretary to the Board
Page 3 of 3