The URL can be used to link to this page

00-338OR1GI�fAL Green Sheet # �O�yQ` 2 4 5 6 7 8 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 Presented By council File # �� 33� Resolution # RESOLUTION CITY OF SAtNT PAUL, MINNESOTA Referred To '� Committee: Date �� WHEREAS, under the provisions of Saint Paul Legislative Code § 66.409 and Miim. Stat. § 462.357, Dr. Irving Herman Trust (File 99-179-377) petitioned to rezone property commonly known as 2336 Territorial Road, Saint Paul, Minnesota from RM-3 to I-1 for the purpose of pemutting reuse of the property to allow auto body and auto repair. The said petition was certified by the planning division on December 20, 1999 as having been consented to by at least two-thirds of the owners of the area of the property to be rezoned, and further having been consented to by at least 67% of the owners of the properties situated witkrin 100 feet of the total contiguous property within one yeaz preceding the date of the petition; and 'WHEREA5, on 7anuary 20, 2000, the zoning committee of the Saint Paul Planning Commission conducted a pubiic hearing for the purpose of considering the rezoning petition pursuant to the requirements of Saint Paul Legislative Code § 64.300 and Administrative Code § 107.03. All persons present were given an opportunity to be heard. At the conclusion of the hearing, the zoning committee moved to deny the petition and submitted its recommendation to the Saint Paul Planning Commission; and WHEREAS, the Saint Paul Planning Commission considered the rezoning petition at its meeting held on January 28, 2000. The Plamiing Commission recommended to the City Council that the petition be denied for the following reasons: 1. The applicant owns a legally-nonconfornung industrial warehouse facility which they lease to a business that purchases automobiles at auctions, does necessary repairs, body work, detailing work and then sells them to other dealers or individual buyers. On October 12, 1999 the current tenant was issued a misdemeanor citation for conducting auto repair and auto body work without a license. Subsequent to the Planning Commission's !2J3199 deniai of a change in nonconfomung use application that would have allowed auto repair and auto body uses, the applicant wishes to rezone the property from RM-3 to I-1 so that his cunent tenant may conduct the same auto repair and auto body uses. The tenant"s operation is entirely enclosed with fifteen to eighteen cars on the premises at any given time. The interior space is prunarily used for various stages of service, repair, auto body work. There is no designated sales showroom. Auto painting work is contracted out to off premise sites. The workforce consists of 3-4 full-time employees who perform detailing work and 3 independent contractors who aze used as needed for auto repair and auto body work. Perpendicular parking for 15 cars is auailable in the public right of way on the south and east sides of the building. No signage is associated with the current business. Hours of operation are from 8:30-7:OQ, Monday through Friday, and 830-5:00 on Saturday. 2. The rezoning is not consistent with the comprehensive plan. The 1992 South St. Anthony Park Small Area Plan, while recommending the rezoning of properiy in the blocks immediately west and south of the property from industrial to commercial zoning, specifically kept this property zoned as RM-3. 40 41 42 43 44 45 46 47 48 49 50 51 00 -��t 3. The rezoning is not compatible with the way the area has developed and will have an adverse impact. Since the adoption of the small area plan in 1992 the general development direction has been to restrict industrial uses to an area east of Cazleton. West of Carleton, the general development pattem has been the promotion of commercial and residential uses. Immediately north of the property is a new town house project an RM-2 zone. To the immediate west and adjacent to the property is a distributing company in a B-3 zone. To rezone this property to industrial uses would be to reverse the development land use pattem that has been occi.uring within this neighborhood over the last decade. 4. The applicant submitted a sufficient petition of two-thirds of the properiy owners within one hundred (100) feet of the property stating support for the rezoning (16 parcels eligible, 11 parcels required, and 11 pazcels signed). 52 53 WHEREAS, notice of public hearing before the Council of the City of Saint Paul concerning the said 54 rezoning petition was duly published in the official newspaper of the City on February 4, 2000, and notices 55 were mailed to each owner of affected property and property situated wholly or partly within 350 feet of the 56 property sought to be rezoned; and 57 58 59 60 61 62 63 64 65 66 67 68 69 70 WHEREAS, a public hearing before the City Council having been conducted on February 23, 2000, where all interested parties were heard, the Council having considered all the facts and recommendations concerning the petition resolved to deny the application to rezone the subject property and in doing so moved to adopt as its own the findings of the Saint Paul Planning Commission as stated herein; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does hereby deny the application ofDr. Irving Herman Trust to rezone property at 2336 Territorial, more particulazly described as (see file) from a RM-3 zoning classification to a I-1 zoning classification for the general reason that the application is not consistent with the comprehensive plan for the City and for the reasons articulated by the Saint Paul Planning Comtnission which are incorporated herein by reference and adopted by the Council of the City of 5aint Paul as its own; ANA, BE IT, FTJRTHER RESOLVED, that a copy ofthis resolution shall be sent to the applicants, the Planning Administrator, the Zoning Administrator, and the Saint Paul Planning Commission. Adopted by Council: Date 6 OD Adoption Certified by Council Secretary By: Approved by By: Requested by Department of: Plannincx & Economic Development �� By: � Form Approved b City Attorney By: � �" �_ Approved by Mayor £or Submission to Council ��/��'0�"U� By : �- � PED w�sT �a� Maz�h zi, z000 GREEN SHEET fACT PERSON 8 PFiONE � James Zdon 266-6559 � �� 00 -33� No 10649i . � oeM,�rowma. anea.ra_ \GH�IIN BY (OA7E7 4/5/00 �� ,roe� /etr�lvirn�r �ory«� aourwc �� ❑ A4MGL�i1NICii� ❑ RiWMLliMIlCCi6 � w��.,�.� 3-as� � TM Mp. TOTAL � OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) City Council adoption of resolution denying petition to remne property at 2336 Territorial Road from Rm-3 to I-1. PIANNtNG COMMISSION CIB COMMITfEE CNIL SERVICE COMMISSION Owner of property had initiated a rezoning petition. Property will remaiii zoned as RM-3 IF PPPROV W �.�: �� Properiy will be rezoned as I-1. SOURCE INFORMATION (IXPWln � rlas thie ceis«�r�n everMakea u�ae. a eanhaa r« u�is departmer�la YES NO Flas this P�rm ewr Dcen a eily emWoYee9 YE3 NO Doec tfiis pereoNfiim poesecs a cidll not normallypoasesaetl by airy curteM cily empbyse? VES NO Is Ihin peteailBrm a taryetad vendoY7 . YES NO oiain ea vec amxeis on aeoarate sheet and attaeh m areen sheet �`�� =.a��.:��: �AR 2 � 20Q6 � COSTrttEVENUE BUDOETED (CIRCLE ON� VEf NO IICTNRY NUMBER . ��2Y�� P° o�;'3#@i / DEPARTMENT OFPLANNING & ECONOMIC DEVELOPMENT J� (,�TY OF SAIN7' PALJL Norm Co2eman, Mayor Dlmsion ofPlammng 25 WestFwnh Street Smnt Pass� MN55102 Tetephone: 612-266b565 Facsimrle: 612-228-3314 January 31, 2000 Ms. Nancy Anderson Ciry Council Reseazch Office Room 310 City Hall Saint Paui, Minnesota 55102 Dear Ms. Anderson: I would like to confirm that a public hearing before the City Council is scheduled for Wednesday February 23, 2000, for the purpose of rezoning properiy at 2336 Territorlal Road from RM-3 to I-1 to allow an auto sales, auto body and auto repair shop. Applicant: Dr. Irving Herman Trust File Number; #99-179-377 Purpose: Rezo nil1a ofproperty from RM-3 to I-1. Address: 2336 Territorial Road, SW corner Temtorial and Carlton. Legal Description See file. ofProperiy: Previous Action: Plarn�ing Commission Recommendation: Denial, Vote: Unaznmous, January 28, 2000. Zo nino Conunittee Recommendation: Denial, vote: 5-0, January 20, 2000. My understanding is that this public hearing request will appear on the agenda for the February 23, 2000 City Council meeting and you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6559 if you have anq questions. S cerely, 7ames n y � City anner cc: File #99-179-377 Paul Dubruiel Cazol Martineau � •mLSeizox• - 4 3ROTICE OFPUBidC-3�ARIIRG 'Rie Saint Paul City Council will conduct a publie hearing on Wednesday, Febn�azy 23, 2000, at 5:30 p.m. in the City Coimcil Chambers„ Third Floor, City Hall, �to consider the applfcation- of Dr. Irving Hetman Trust to rezone�property at 2336 Territorial Road fr'om RM-3.to I-1 W ailow an auto sales, auto body and auto repair ��: Datecl: February 2, 2000 � NANCYANDERSON . ..- . . tlssistaitt IXty CovnctlSeccetary ' _ � . lFeb.4� . �ST.�PAfII.IE�Li.FAGffit �. �°u��"�''� ",.,t... �.,� ��<-��L� � �. r° �. � �:= � A r � ,r- �;:' `�..�' � �`�v i, DEPARTMENT OF PLA�"�I\G & ECO\OVtIC DEVELOPY[EST Oo -33$ SAINT PAUL � AAAA � CITY OF SAINT PAUL Norm Coleman, Mayor February 11, 2000 Ms. Nancy Anderson Secretary to the Ciry Council Room 310 City Hall Saint Paul, Minnesota �5102 Divtsion ofP7anning 25 Weat FouKh Street SalxtPaul, MN55102 Teiephorte: 612-26G6565 Facstmile: 612-128-3314 RE: Zoning File #99-179-377 Dr. Irving Herman Trust Ciry Council Hearing: February 23, 200Q 5:30 p.m. to 6:30 p.m., City Council Chambers PURPOSE: Rezoning properry at 2336 Tenitorial Road from RM-3 to I-1 to allow an auto sales, auto body and auto repair shop. PLANNING COMMISSION 1/28100 RECOMMENDATION: Denial, Unanunous. ZONING COMMITTEE ll20/00 RECOMMENDATION: Denial, vote: 6-0. STAFF RECOMMENDATION: Denial. SUPPORT None. OPPOSITION: The St Anthony Communiry Council opposed the rezoning.. Dear Ms. Anderson: This rezoning is scheduled to be heard by the City Council on February 23, 2000. Please notify me if any member of the Ciry Council wishes to have slides of the property presented at the public hearing. Sincerely, ! � i -.,'i r:�r.�p;..�L ,� C�c' 1 James Zdon� Ciry Planner cc City Council members � city of saint paul planning commission resolution file number oo-�o date 2a z000 WHEREAS, Dr. Irving Fierman Trust (File 99-179-377) has applied to the Planning Commission to rezone property at 2336 Territorial Road from RM-3 to I-1 to allow auto body and auto repair, the property legally described as (see file); and WFIEREAS, the Zoning Committee of the Planning Commission on O1/20/00 held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 6a.300 of the Saint Pau1 Legislative Code; and WHExEAS, Saint Pau1 Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. The applicant owns a legally-nonconforming industrial warehouse facility which they lease to a husiness that purchases automobiles at auctions, does necessary repairs, body work, detailing work and then sells them to other dealers or individual buyers. On October 12, 1999 the current tenant was issued a misdemeanor citation for conducting auto repair and auto body work without a license. Subseguent to the Planning Commission's !2/3/99 denial of a change in nonconforming use application that would have allowed auto repair and auto body uses, the applicant wishes to rezone the property from P.M-3 to S-1 so that his current tenant may conduct the same auto repair and anto body uses. The tenant"s operation is entirely enclosed with fifteen to eighteen cars on the premises at any given time. The interior space is primarily used for various stages oi service, repair, auto body work. There is no designated sales showroom. Auto paintirg coork is contracted out to off premise sites. The workforce consists of 3-4 fu11-time employees who pezform detailing work and 3 independent contractors who are used as needed for auto repair and auto body work. Perpendicular parking for 15 cars is available in the public right of way on the south and east sides of the building. No signage is associated with the current business. Hours of operztion are from 8:30-7:00, Monday through Friday, and 8:30- 5:00 on Saturday. moved by_ seconded by Gervais in favor Unanimous � � against � a�-�3� � 2. The rezoning is rot consistent cvith the comprehersive olan. The 1992 South St. Anthony Pask Small Area Plan, while recommending the rezoning of property in the blocks immediately west a.d south of the property from industrial to commercial zoning, specifically kepC this property zoned as RM-3. 3_ The rezoning is not compatible with the way the area has developed and will have an adverse impact. Since the adoption o° the sma11 area plan in 1992 the general development direction has been to restrict industrial uses to an area east of Carleton. West of Carleton, the general development pattern has been the gromotion of commercial and residential uses. Immediately north of the property is a new town house project an RM-2 zone. To the immediaCe west and adjacent to the property is a distributing company in a B-3 zone. To rezone this property to industrial uses would be to zeverse the development land use pattern that has been occurring within Chis neighborhood over the last decade. 4. The applicant submitted a sufficient petition of two-thirds of the property ownexs within one hundred (100) feet of the property stating support for the re2oning (16 parcels eligible, 11 parcels required, and 11 parcels signed). Therefore, Be St Resolved, based on findings 2 and 3, the Planning Commission � recommends to the Saint Pau1 City Council denial of the application to rezone property at 2336 Territorial Road from RM-3 to I-1. LJ MINUTES OF THE ZONING COMMfTTEE Thursday, January 20, 2000 - 3:30 p.m. City Council Chambers, 3' Floor City Hall and Court House 15 West Keltogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Field, Gervais, Gordon, Kramer, Morton, and Nowlin Faricy Peter Warner Carol Martineau, Allan Torstenson, James Zdon of PED The meeting was chaired by Commissioner Fieid. Dr. Irving Herman Trust - 99-179-377- Rezoning from RM-3 to I-1 for an auto sales, auto body and auto repair shop. 2336 Territoriai Road, SW corner Territoriat and Carleton. James Zdon showed slides and presented the staff report. Mr. Zdon stated 3 letters of opposition to the rezoning were received. Mr. Zdon also stated the Zoning Staff is recommending deniaf to the rezoning. At the enquiry of Commissioner Gordon, Mr. Zdon stated that a B-3 rezoning would suffice, and if the appiicant applied for a B-3, the Zoning Staff would recommended approval. Mr. Scott Cooper, owner of 2336 Territorial Road, appeared and stated they applied for an i-1 because the previous tenant was an I-1 manufacturing company. At the question of Commissioner Gordon, Mr. Cooper stated the present business is doing auto detailing and sales as per their originai Nonconforming Use Permit. Mr. Sherman Eagles, Co-Chair of St. Anthony Park Community Council, appeared and stafed the St. Anthony Park Community Councit opposes the proposed rezoning. Mr. Eagles also expiained in 1970 fhis area was designated by the City as a urban renewal project under the Federal Neighborhood Development Program, and most ot the housing was acquired and razed along with the encroaching industrial industry. The Hampton Square Apartments, Seal Street High-rise, and the St. Anthony Green Townhouses were built for people with low to moderate income. A boundary between industrial use and housi�g was established around St. Anthony and maintaining that boundary is important. If the rezoning is approved there would be industrial uses on 2 sides of the town-home development which is inappropriate, and would have a negative impact on the adjacent town-homes. The St. Anthony Small Area Pian adopted in 1992 by tfie City Councif rezoned the property south of this business from I-1 fo B-3. The study did not recommend a change in the zoning of this property, and circumstances haven't changed to allocate an I-1 rezoning. Upon the question of Commissioner Gordon, Mr. Eagles stated they haven't taken a position on B-3 zoning, it has not been proposed. There would be some concern about the owner appiying for a Nonconforming Use Permit allowing for industrial activities with a B-3 zoning. � � Mr. Robert Straughn, Member of St. Anthony Community Council, appeared and reiterated the � rezoning of this site wouid be a step backwards. i Zoning Committee Minutes January 21, 2000 File #: 99-179-377 Page 2 �� J J` Mr. Scott Cooper reappeared and stated there is not enough land to accompiish anything under the RM-3 zoning so they would have to appiy for a nonconforming use permit. Commissioner Gordon moved approval for the staff recommendation to deny the rezoning from RM-2 to I-1. Commissioner Kramer seconded it. Commissioner Gordon stated a B-3 rezoning would be appropriate if the applicant would like to apply for this type of rezoning. Commissioner Nowlin would afso support a B3 rezoning. Adopted Yeas - 6 Drafted by: � Lr:�-�t��i��,1lL�pf Carol Martineau Recording Secretary Nays - 0 Submitted by: � : / ,' I!;�� J}- -��71 James Zdon � Zoning Se�jion Approved by: Litton Field Chair � 20 January 2000 Testimony to the Zoning Committee pertaining to a petition to rezone 2336 Temtorial Road Sherman Eagles 980 Hampden Ave $t Paul 55114 Co-chair, St. Anthony Park Community Councd The SAPCC opposes the proposed rezoning of 2336 Territoriai Itoad from RM-3 to I-L I would tike to e�cplain why we believe that this proposed change should be denied. � To understand the importance of the currern zoning to South St. Anthony residents, it is necessary to look back to the late 1960s and early 1970s. The area was Imown then as the West Midway - South St. Anthony Park Project Area, an uea desigaated by the city as an urban renewal project under the £ederal Neighborhood Developmerit Progrmn. The area east of Raymond Avenue and north of Temtorial Road was a nvsture of deteriorated housing and industry. After much study, it was detemuned that most of the housing was in too poor shape to rehabilitate. Almost all of the housing was acquired and demolished, aloa� witii ti�e-industry that had encroached upon the residential neighborhood. FoIlowmg this, the-Hampden 8q�are apartments, the Seal Street T-Ii-rise and the St. Anthony Green townhouses were-bnik. frli ofthese kousuzg units were targeted for people with low to moderate income, with S�t1nd}exy-C3reen previding ownership oggert�ities for this inwme group. As part of this renewa� activity, a Uaundary-between industrial use and housing was established. The southem bonndary was C�arles �treet. Maintaining fliis-bouadary with industriai uses was a key goal of the West Nfidway — Soutir StAnthony Fark Project Area Committee, the predecessor to the St Amhocty�aFlc-C�nu�rity-C-eancil. The SAPC�-eoatiarzes to recognize that the viabiliry of the ratker sma}i-Soutir-St Anikanq residential neighbor�oo� depends on the belief that the borders of the residential neighborhood will not be allowed to erode. � T'he parcel currendy nnder review is on the-sonthvrest coraervf?'erriYorial Road and Earleton street, north of Charles. It is directly across 3'erriterial Roa� frani tlie St. Anthony C�een town homes. These town homes already are adjacent to aa industrial zone to the east, since the boundary between ittdustrial and residentiai mns ostheir-eastem Ifthe changebamg considered were allowed, there wouId�eutdnstrial usesoa two-sidzs ofthese tocva homes: �e beiieve that this chauge of use is inappropr-iafe an�esxld �noez.==��ative impacfs��jae�at - town homes. There has been too much�v�ested, and the need for moderate inwme housing is too important, to ailow this to happen. __ ' In 1992, the City Council adopted the Soutlr St. Ant�xany �ark SmaH Area Plan. This p�an looked at the area along Rayxnond and University, including4he parcel in question. The primary purpose of the study was to look at e�sting land use and zoning and to determine if changes in zoning or land use plans are appropriate. The study suggested, and the city adopted, a change in zoning for the block south of this property from industrial to business. The study did not recomme� a change to the zoning of ihe this property. We do not bekeve that anything has changed that would result in such a recommendation talay. In fact, the University and Raymond area has been idenUfied as a potetrtial place for new mixed wmmercial and residential development in the recent city long range plan. Allowing a change to industrial zoning at this site is not justified. It will not benefit the sunounding neighborhood, nor the city as a whole. It would instead be a step backward, away from the vision of this area that has had so much effort and investment over the past 30 years. We ur�e that you reject this petition and retain the current zoning. � O1/15/00 18:39 FAX 612 871 7212 ARCHITECTURAL ALLI.SNCE � 002/003 �j�-17� � �� 7anuaz� 13, 20�0 SAL^IT ANTHONY GREENS TOWNHO� ASSOCIATION C'� -33�' James :Zdon City oE'SaintPaul Depar�meat of Planning and Economic Development 1400 Ciry Hall Annex 25 We;>t Fourth Street Saint Faul, Ivi�i I 5 S 102-1634 Re: File#99-179-377 Rezon ing from RM-3 to I-1 for an auto sales, auto 6ody and auto repair shop Dear h4r. Zdon, The Saint Anthony Greens Townhome Association is a group of 40 townhouses located directly acsoss Territorial Aoad from 2236 Territorial Road, the location of the Walor EnterQrises building. We vi�;orousiy opgose this proposed rezoning and strongly encourage the CiTy of Saint Paul deny it. Rezoriing this property from RM-3 to I-1, would go against the intent of the Saint Paul Zoning Code as we{t as the goals of tkte Saint Paul Comprehensive Plaa. Support of the development of business is alwsrys important, and it is especially important at this time to the City of Saint Pau1, but any develepment must be compatible with the current forward direction of the Planning Commission a¢d the City of Saint Pau1 to improve our City and make it more livable. The list of Principal Uses in an Industrial District is long and concentrates on manufacturing and other industrial activities that are completely incompatible with the neighboring residential development, including the Seal High Rise. By rezoning to an IndusVial District, the permanent change to allow this wide range of industrial activity that would increase levels of traffic, noise, pollution in a neighborhood that has a mixtw•e of uses with a strong residential flavor. The f��llowing (in italics) are excerpts from The Sainr Pau! Comprehensive Plan with our comments: Business developn:ent and housing concerns recognize that rieither wilt be at its best unless both grow in an inlegrated and cor>iplementnry fashion. Tl�e proposed rezoning would go backwards a�vay from this goal of the City: YI� e[the City of Saint Paul] have learned that sustainable success requires places designed to srrve the conamuniryjunctionally, aesthetically and socially. Qualily of place for Saint Paul means: • Neighbarhoods that attract people and make them want to stay; . ttttractive housing that meets a wide variety ojneeds, • Business dish^iets that irivite walkrng, promote community interaction arsd are safe, • Strong, posi[ive visa+al interest for pedestrians, bikers, walkers and riders; . Visual and ahysical connection to the city's natzn•al base of land, waler and clean air, and • Indushy that blends harmoniously ivrth its urban neighbors. Ftezoning from RM-3 to I-1 would be contrary to each of these statements. o vzsioo ia: as F�a siz s �zi2 axcx iTECTUxaL aLLZ�:vcE �IUU31UU5 SAINT A(YTHONY GREENS TOWNHOME ASSOCIATION Januar�� 13, 2000 Re: Fi.le #99-179-377 Lu'ensive Use of Industria[ Land.. Office uses may offer greater potentia! than indush'ial developnrent a[ some previazrsly-industrio! sites. Im'egrated Neighbar&aod Improventent. Development of any major lar:d area for business and inciustrial use should be regarded as an opporiuniry for iniprovement of the larger neighborhood of' which it is a part. C«nrtnunity Deve[npment Wuh a broad cammtmiry partnership, Saint Paul cmx continue to szrj�porf the Con:munity Development Agenda initiatives: An Even Better Place to Raise CF,�ildren, No Truce With Poverty, High Qua[ity City Living and Effective Civic Collaboraiion. The puoposed rezoning is in duect opposition to the iniriatives supported by the Saint Paul Planning Commission and the City of Saint Paul. It has been identiFied by the City that devetopment must suppott the maximum community benefit — this rezoning would be a major step backwazds. The ne:ighborhood includes our 40 townhouses, which includes a tot of children, and the Seal High Rise, tvhich has a high population of elderly residents. While our townhouse association is near a existu-�g Industriai District, the curcent zoning wisely provides a buffer to both the Seal High Rise and t}ie Saint Anthony Greens Townhomes — this proposed rezoning would put Industtial District directly across the street. We aze concemed not on[y with the proximiTy of the auto repair faciIity to our re:>idents but to future potential uses that an I-1 District would allow. Rezoning this properiy to an I-1 District would be detrimental to our tteighborhood. The proposed rezoning must be denied. Sincerely, ��"�� .tr.� Thomas HyselV Presi�3ent, Boazd of trectors Saint Anthony Greens Townhome Association S18 `ieaJ Street Saint Paul, MN 55114-1259 652-t:47-0�55 (home) 651-f�47-0755 (fax) 612-F;74-4191 (work) 612-f�71-7212 (work fax) thyse;ll@archalliance.com (e-mail} c: City Councilmember Benanav fas (651) 266-8574 � � � Page 2 JRN-14-2e�0 ��41 HtNNtN1N U 7 �UUKI � TO: St. Paul PED cfo James Zdon 651.228.3220 FROM: C. 1. Mannheim 828 Sea1 Street St. Paul, MN 55114 692.348.3831 DATE: January 14, 2000 RE: 99-178-350 SET FOR: January 20, 2000 O1G J4G JY�G r.ui��_ �y- ,��- � �� ao .3�r Please accept the following statement in lieu of a personal presentation at the referenced hearing: I reside near the subject property and, more significantly, am an owner of "common property" located directly across the street and within a 300-foot radius of the subject property. For a variety of health, assthetic and qual+ty-af-life reasons, it is cruciai, on general � principle, to buffer residential communities, such as ours, from heavy-use industrial and commercial activity such as that encompassed in an I-1 zoning designation. � On a more specific note, it should be noted that the applicant has aiready estabiished a significant measure of bad wifl in this community by engaging in IegaUy proscribed and noxious uses of the sub}ect property. Our immediate community has been piagued with periodic episodes of noxious odors apparently caused by the nearby use and/or reiease of solvents. While City personnel (e.g. cf Peter Kishel, 266-9133) have not (yet) specifically (inked this complaint to the subject properfy, it is exactly the type of unacceptable encroachment that can be anticipated with the zoning change requested by the applicant. I am therefore strenuously advocating for a denial of their appeal to rezone the subject property to an I-1 classification. � Z � `�//� �7�� cc: St. Anthony Greens, Board of Directors, c/o Omega Management, 612.544-2613 District 12 Community Council, 651.649-5993 TOTAL P.B1 Y�� ,�� -� �� January 10, 2000 City of St.Paul Department of Planning Zoning Committee 1400 City Hall Annex 25 West Fourth St St.Paui, MN 55102-1634 File# 99-179-377 and Economzc Development Dear Members of Zoning Committee; I wouid liice io register my strong objection to the application for rezoning from RM-3 to I-1 made by Dr. Irving Hermaa Trust owner of the Valor Enterprises, Inc.. The owners of the Valor Enterprises Inc. try to change existing classification to allow them to operate body and auto repair shop in close proximity (across the street) to the residential area occupied by St. Anthony Crreens Townhouses. Activity of this kind involves noisy mechanical work and painting jobs which in turn lead to emission of harmful vapors of chemical solvents. Since my townhouse is located just across the street from the Valor Enterprises Inc. both me and my neighbors along the Territorial Rd will suffer most. However, other units of St. Anthony Greens Townhouses will also feel environmental impact and suffer from decline in property values. It is entirely improper to re industrialize the block, which has essentially residential and office building character by allowing to operate one of the most polluting type of a commercial activity. The previous permit issued to the Valor Enterprises allowed for indoor car sales, in fact establishing a used caz showroom that was reiatively harmless. The worst thing that followed was significaIIt increase in the traffic in the neighborhood. However, allowing the site to turn inTo heavy mechanical and painting type of activity will ineversibly damage the residential life there. I hope you will turn down the application. Sincerely, s .., � � Dr. Andrzej R. Altenberger 2311 Territorial Rd., St.Panl, MN 55114 (651)646-4938 � � � aa •��8� i 1 2 3 4 5 ZONING COMMITTfi& STAFF RSPORT FILE # 99-179-377 APPLICANT: Dr. Irving Herman Trust Date of Hearing: 1f20f00 CLASSIFICATTON: Rezoning LOCATION: 2336 TERRITORIAL ROAD PLANNSNG D2STRSCT: 12 LEGAL DESCRIPTION: see file 6. PRESENT ZONING: RM-3 ZONING CODB REFSR$NC&c 64.4��(a)&(bl 7. STAFF INVESTIGATION AND REPORT: DATE: 1/13/00 BY: James Zdon 8. DATE RECEIVED: 12/20/99 DEADLINE FOR ACTION: 2/18/00 A � B C D PVRPOSE: Rezoning of property from RM-3 to I-1 to allow for auto repair and auto body work. PARCEL SIZE: 16,625 square feet. EXISTING LAND USE: Warehouse facility used for auto detailing and second hand car sales. SURROt7NDING LAND USE North: Multi-family housing zoned RM-2. East: Trucking firm, zoned I-1 South: Light Industrial, zoned B-3 West: Light Industrial, zoned B-3 E. ZONING CODE CITATIOI3: Section 64.400(a) staCes in part, "the counoil may from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may from time to time, review district boundary lines to determine i£, pursuant to state laws, such district boundary lines should be changed. Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." F. HISTORY/DISCIISSTON: A major variance was approved by the Planning Commission in 1995 to allow maneuvering within the public right of way � to a11ow access to a new loading dock. On February 26, 1999, the Planning Commission approved a Change of Nonconforming Use Permit to allow for indoor car sales and auto detailing with the conditions that there should be no cars for sale parked on the street or outside the building, and second, 15 off street parking spaces should be provided � solely for customers and employees. On December 3, 1999, the Planning Commission denied a Change of Nonconforming Use Permit to a11ow for auto repair and auto body uses. G. DISTRICT COUNCIL RECOMMENDATION: To date, the St. Anthony Community Council has not taken a position on the proposed rezoning. H. FINDINGS: 1. The applicant owns a legally-nonconforming industrial warehouse facility which they lease to a business that purchases automobiles at auctions, does necessary repairs, body work, detailing work and then � sells them to other dealers or individual buyers. On October 12, 1999 the current tenant was issued a misdemeanor citation for conducting auto repair and auto body work without a license. Subsequent to the Planning Commission's t2/3/99 denial of a change in noncon£orming use application that would have aSlowed auto repair and auto body uses, the applicant wishes to rezone tfie property from RM-3 to I-1 so that his current tenant may conduct the same auto repair and auto body uses. The tenant"s operation is entirely enclosed with fifteen to eighteen cars on the premises at any given time. The interior space is primarily used for various stages of service, repair, auto body work. There is no designated sales showroom. Auta painting work is contracted out to off premise sites. The workforce consists of 3-4 full-time employees who perform detailing work and 3 independent contractors who are used as � needed for auto repair and auto body work. Perpendicular parking for 15 cars is available in the public right of way on the south and east sides of the building. No signage is associated with the current business. Fiours of operation are from 8:30-7:00, Monday through Priday, and 8:30- 5:00 on Saturday. 2. The rezoning is not consistent with the comprehensive plan. The 1992 South St. Anthony Park Small Area Plan, while recommending the rezoning of property in the blocks immediately west and south of the property from industrial to commercial zoning, specifically" kept this property zoned as RM-3. 3. The rezoning is not compatible with the way the area has developed and will have an adverse impact. Since the adoption of the sma11 area plan in 1992 the general development direction has been to restrict industrial uses to an area east of Carleton. West of Carleton, the general development pattern has been the promotion of commercial and residential uses. Immediately north of the property is a new town house project an RM-2 zone. To the immediate west and adjacent to the property is a distributing company in a B-3 zone. To rezone this property to industrial uses would be to reverse the development land use pattern that has been occurring within this neighborhood over the last decade. 4. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (16 parcels eligible, 11 parcels requzred, and � 11 parcels signed). D v -�� Y • I. STAFF RECOtRRE13DATION: Based of findings 2 and 3, staff recommends denial of the petition to rezone the property at 2336 Territorial Road from RM- 3 to I-l. � �r.�.J � S��Ni un t :� A�IIA PETt710N TO AMEND THE ZON(NG CODE Department ajPlanning and .$conomic Developinen! Zoning Seclion II00 City Ha!! Annex 25 West Fourth Street Saint Pau1, MN 55102 266-6589 APPLICANT PROPERTY LOCATION AddresslLocation �33E %-� •r��'� /�-� Legal (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paui Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, �r�=Y n�rv� �r anT�i'�s� , tfie owner of ail the iand proposed for rezoning, hereby pet+tions you t rezone the above described property from a ��- 3 zoning district to a �- I zoning disfrict, for the purpose of: `'� 1 S�8o3 6 � 0 00 (atfach additronaf sheet(s) if necessary) -/ P� Attachments: Required site plan ❑ Consent petition Q Affidavit � Subscribed and swom to / befor me this 1� day By:,�r—C�� -�-� of �� , 19�� Fee owner of prope y /i � — Tit(e: /�.c' ;Ni JICL E. HUGHES NOiARTPVgUC MINNESOIp A1Y �OAiMtSS(ON EXPIRES lANUARY 31, 2000 � .� Page 1 of � -- -----'--'-'--�"-^�--f-;r.,....----s-^;-..� .....-.�.-��•-.�'-�.n.�.-r�. __.... _.. .....,�--,---- _ • . - CityC .�� ,' St. t! Zip S536y Daytime phone,{�IL�Si(D'�`�Uy Contact person (if different} S'� •-rt �'��.•�-er ' , , t ; t . . . �. . CZ�`�' O�' S.A.XI� �.A.1CTL � CO�ISENT•OF ADJOINING PItOPERTY O�YN�I ,�:�zoN.rNc po-�3�' We, the unde�signed, owners ofthe proper;y tiviq�in 100 f:et oPdic total contiguous dcscription of raat estate o�vned, purcliued, or sold by 7'HE PETITIONGR tivithin one }•ear precedin� the date oE this petition ncknowledge that we have becn presented u•iU� the {ollo��•ino: 1. A copy oFthe petition oF l� �_ ��(v (name oF � �lS to retone tlic property localed 2t ,�� „ .� �� from a ��1� 7 zoning district to a Z" � zoning district. 2. A copy of sections .� , G� � througli �vU. - , inclusive oFtlie Saint Paul Zoning Code; and nckno�vlcd�c that we nre 1�varo of �II oF the uses permit�zd in a 2- i zoning district xnd we zra aware that 1ny of these uses can be estaUlislied upon Ciry Council approval o(dic remning. \Ve hereby conscnl to Ihe rczoninp of the property in tlie pctition of; I) �` . S--C U � �.n I'F-C'�,'vrt i �YvS to n� � zonino dislrict. (Atame o pe[itioner) \Ve conscnt fo flic �pproval of fhis T•ezoninb as it �va.s expl�ined fo us by fhe �pP]ic�nt or his/licr rePresenf�tiYC. � -� ��-� ,?3z�r z350 ZY-i fc (� -.�� S' �z�� 1-3-5'S � �0-,�7- 5�g w - .....__. . _ . _ -- - - ------ ____�.,� �-� n07'�: This petition shall not be considered as o�cially filed until the Izpse of ses•en (7) working dzys eRer it is received by tliePlanning Division. Any signato: oftnis p°,ilion may �tiithdrati°rhislh°� nzme therefrom Uy �vritten request witnin that time. ��' :. :� �. -;�; < CZ'Z'�' O�' S.A.ZhT`Z' �'.A.TJS� CONSENT'•OP AD70INING PROPERTX OWN�RS POR A z�EZON,�rvc Wc, the imdcrsigned, o�vncrs oElhc property �viQiin 100 ket oFthc total contigaous dcscription of real cstate o�vned, purcl�ased, or sold by TFIE PETIT[OiIGR �vithin one }•car preceding the clate oE this petition 1cRno�vfedoc �hat we iiave becn presented «•it(i thc folfo«•ing: A copy of the petition oF � L' S � (namc oFpctitioner) io rezoae thc pcoperty Iocated at �� 3�_ T�„ -�'� froni a ��-�j zonino district to a�_zoning district. 2. A copy oFsections ,(�� throuoh 6 G" !_, t�, inclusive oFtl�e Saint Pau1 Zoning Code; and nckno�vledge that tve nre n�varo of nll oF the uses permittcd in a �- � zonino district and �ve are nwarc tl�at any oF these uses can be estaUfisl�ed upon City Council approval of die rezoning. \Ve hereby co��se�it to ihc rczoniitg oFthe property in !he petitiori of; _ I) �' •�--C V� 4t.�, tt-�a'vr�rt�. �YvST to 1 S" � xoning district. (Name o petitione�) lYc consent to flic approval of fhis a•ezonin ; as if �vas ezpl�ined fo us by the �PPlicant or his/hcr represent�4ive. � � y � i`iOT�: This petition shall not be considered as officially fi(ed until the la�se of seyen (7} wo:k�nS days efter it is reeeived by the Pl�.nc;ing Division. Any signa(o: of this petition may �tiithdravr h�� name therefrom by tvritten request within that tinte. �:," -� � � ,,� :.;: '.. . -,' . . "?.'' • CX�� S�1.x�i� �A..�� CONSBNI'�OF ADJOINING PROPERTY OWNERS FOR A �ZEZONXNG 1Ve consent fo flic �pproval of fhis z•czoninb as it tivas expl�ined fo us by the npplicant or his(licr represent�five. �'��0 We, the undersigned, o�vncrs ofthc propcRywithin ]00 feet oFtl�c to�al contiguous description of real estate o�vned, purcliased, or sold by 7HE PETITIONLR tivithin one year preceding tlie date of this petition �ckno�vledoe that we have becn presented ��•ith thc fotto�ring: Acopyofthepetitionof 1�� l,' S 1 (name ofpctitioner) n � to rezone tl�e property located 2c 2��-� �, ��,�,� '-�--«,.�( from a (}1-� zoniaodis[rict to a Z" � zoningdistrict. � � 2. A copy of sections , G� � tlirouah 6U. , inclusive of die Saint Paul Zoning Code; 2nd nckno�vlcdge that we 1rc n�vara of flll of Ihe uses permitted in a Z`� zoning district and we are nware that any of these uses can be estaUlished upon City Co�mci! nppcoval oC tltiz rezoning. Ne heceby consent to tlie rczoning of the property in thc pctition oF, I)�. Z( U � yl_e �-Qy' 1 Y vS to a S � zoning district. (Name o petitioner) y h'OT�: Tfiis petition shall not be considered as officialiy filed until the lapse ot seyen �t) worxrng days after it is received by tlie Planning Division. Any signator of this petition may ��:thdravrhis(n°t name there&om by written request �vithin that time. ��c�cxTZON �o A��zvavz� OF PETTTIOI\ER STATE OF MINNESOTA) SS COUNTY OF RAMSEY ) � � Tl�e petitioner, � r',o7� o� P{r , being first dalp swom, deposes and states that the consent petition contains si� natures from at least rivo-thirds ( of all e]igible properties �vithin 100 feet of alI property o�vned, purchased, or sold by petitioner within one (1) year precedin� the date of this petition which is contiguous to the property described in the petition; petitioner is informed that the consent petition must contain si�nahires from each and all o�vners of jointty-o�vned properfy in order to cons[itute consent from that property and thaf failure to obtain consent from each and atf owners could invalidafe the consent pzfition; petitioner belie�•es that the conseat petition was signed by each of said oc��ners and that the signatures are t12e irue and correct sionatures of each and al! of the parties so described. �. ��fY�. �.Qi/y2o- YLCSi �, ��Ci � NAME 7/S /��on�a /�rc�� f�(�� SS`�-� ADDFtESS Subscribed and swor to before this �O day of , 19� ♦ � N ARY PUBLIC �a(z-S�10-g4�� TELEPHONE NUMBER MMnnn.Nnn^MM �,�.CYNTHIA M CARCS • °•';� Gj: NOiAqYp ��C•yINNESOTA � : �� ( WASHWGiON COUNTY �/ Cc:nmiss�cr, Ex,wes Jrn. 31. ?y70 •� .�-vw-.lv.v.v.VlyyyyvvVVV. 1'W x Pa;e of I/3i197 � �a-�3P' AFk'IDAV�T � OF PERSON CTRCULATI1�iG THE CONSENT PETITION STATE OF Mi�NESOTA) SS � � COUNTY OF RAMSEY ) S Co� �"r�T�j}� , being first duly swom, deposes and states that he/she is the person �vho circul ted the consent petition consisting of_ pages; that affiant represents that the parties described on the consent petition are al( the respective o«ners of the properties placed immediately before each name; that affiant is informed and believes that each of the parties described on the consent petition is an o��ner of the property �vhich is «ithin 100 feet of any property o�vned, purchaszd, or sold by petitioner �vithin one (1) yeaz precedin� the date of this petition which is contiguous to the property described in the petition; that none of the parties described in the consent petition has purchased or is purchasing propzrty from the petitioner that is contiguous to the property dzscribed on the consent petition �vithin one (1) year of the date of the petition; that this consent �vas si�ned by each of said o«�ners in the presence of this affiant, and that the signa[ures are the true and correct signatures of each and ali of the parties so described. �) ;�//�i y/�r� �� lv5 i� C�e�� I3ANIE Subsc�ibed and swo to before e this c�a day of �C'�f'Y! , 19 9'� 7/S� / ��a ��S'o r�/�� s ADDRESS � f212 C - S �O � TELEPHONE I�3UMBER ,,.,�,�,,.._,�..- , ,.w.� �.-; :.n..nnnnM�• � t�.GYNTki�AM.CARLSON ,. f'i-=,(''' NOTARYPU911C : � WASNiNGTONCOUN . },1yComm"ssio� x . ,,..,._-�'v`M^r ` G4�T.fis�(J/�( �� I�IO A Y PUBLIC Pga� of 1f31(97 ._....___--_�--- _ _--,-,-_�_�:._ -- - - S'�'Z'Z7'ZOI\ 'Z'O x2�G70I\� A.x�x'zp�.vz� or r��z�zoh�rz STATE OF MIT�TIvESOTA) COtNTY OF P�i�iS�I' ) SS Th� petitinner, �c.:-e— �T'}?R-r , bein� first dul}• swocr., deposes and states that lhe consent petition contains si�natures from at least hvo-thirds ( of all elioible properties ��'itliin 100 feet oFal! propert}� o��'ned, purchased, or soId by pztitioner ��•ithin one (1) 5•ear przczding the date of this p�ti[ion �ehich is conti�uous to ihe prop�rty� described in the peeicion; petitioner is informed that the consent petition must contain si�na[ures from each and all on•iters of jointl}'-oti�•ned prop erlp in order to constitute consent from that prop��ip and tha[ failure to oUtain consent from each 1nd 111 o«ners could in�•alidate ihe conseut p�tition; petitioner betict•es that th� consen[ petition �v�s si�ned by ezch of said o�eners sad that tiie signa[ures are the true �nd correct si�naturzs of each and afl ofthe parties so described. � L.J ��-��-�-�-� - rA E i 7/s' Fl�,-«��. /'� -� ADARESS c�Z- �ro—S�ny TELEPHO�iE I�U�'�BER Subscr�;.d and s��•or to beFore me this `C a�ynF , ��. p2o� of � 1131197 � Noi�R Eg�HUµ H Eo�r '. � My COMMISSfON EXPIR�S ��f' lANUAR�,,..- �,.,.,.,.,,,,.,�- �o -.��8' � \_J .ES.Fk'IDAVT."I' OF PERSON CIRCULATING TH� CONSENT P�TITIOI�I STATE OF MIt�71�iESOTA) COUNTY OF P�AMSEY ) �� 4. �� Y't r , bein� first duly sworn, deposes and states that helshe is tl�e person who circulated the consent petition consistin� of_ pages; that affiant represents that the parties described on the consent petition are all the respective o�Fners ofthe properties placed immediatel�• before each name; that affiant is inforn�ed and believes that each of the parties described on thz consent pctition is an o�vner of the property �vhich is ��ithin 100 feet ofzny property owned, purchased, or sold by petitioner �vithin one (1) year preceding the date of this petition �vhich is contiguous to the property described in flie petition; that nonz of the parties described in the consent petition has purchased or is purchasin; propeRy from the petitioner that is contiguous to thz property described on the consent petition within one (1) year of t?ie date of the petition; that this consent was si�ned by each of said o��ners in the przsence of this affiant, and that the signatures are the tnie and correct si�natures of each and alf of the parties so described. � C�a��----� NAME �/.� IL/a vi /n.c � ADDRESS //a�- �o - �f��Y 7ELEPHO\'E 1�'UMBER Subscribed and s��'org to before me this � �� da}' of ��ibZ./ I�TOT�Y 19� � JILI E. HUGHES # ` (' S NOSARYPUBUC MINNESOtA ` P2^Z QL � _ ` MY COhUAISSION EXPIRES 5 "�• lANUARY 31, 2000 _ E 1�1�� i ZONING PETITION SUF`F'ICIENC'Y CHECK SHEET _ REZON�i'G SCUP 2�CUP �IR3T SUBMITTED RESUB�fITTED DATEPETITIO�lSUB�fITI'ED: � " � DATEPETITIO;IRESUB�fI'fTED: II�� DATE OFFICIALLY RECEIVED: � � _ � � � PARCELS ELiGIBLE: � V/ . PARCELS REQUIRED: � DATE OFFICIALLY RECEIYED: I�� Z'� �"�J S P% PARCELS ELIGIBLE: ! � PARCELS REQUIRED: f � PARCELS SIGNED: � CHECKED BY: �""""��"""'- I DATE: �, o � - �. z�i�lNG F1LE E' ( PARCELS SIG\ED: 1� 3-5�' !L-Zu-yS � � DO -�3P' � r L � CI7IZEP1 PARTICIPATI DIS RI TS 1.SUNRAY-BATTLECREEK-HIGHWOOD 2.GREATER EAST SIDE 3.WEST SIDE 4.DAYTON'S BLUFf 5.PAYNE-PHALEN 6.NORTH END 7.THOMAS-DALE 8.SUMhtIT-UNIVERSITY 9.WEST SEVENTH lO.COMO HAMLINE-MIDWAY 12 T. ANTHOPlY MERRIAM PK.-LEXINGTON NAMLINE 14.GROUELAND-MFlCAtESTER 15.HIGHLAPID 16.SUt1MIT HILL 17. DO'f1NT0'�IP� CITIZEN PARTICIPATION PLANNING DISTRICTS � �.J � 57. APITHOPIY 'AO IOC4 2C!'0 _ S �0 4: qJ � �ISTRICT 12 O sU� ,� �R �� • �-, ., v \ �'O�_ - ,' �� ,�" ',� , ' �" �, � � cn , �-i . � /•� ,� i ,i i , � ` � O o � Y . , . � . , . � Uy , � , ��i �, .. - � '9 Sj _ ' � L , �; _ , , � 1 Q� o:� - v F' � � .� o � �� ' o � �- � � ; � v �-/�-� ---- ELLIS - �f ��- -- � � ` --; i 1� i O .4 Q i � � j ) } /�� I n ' + � .� �� 6 i � �/� \ _� _� `) � -� _' .� L O 4 � �/ / ___ �� _'_ 6 _ L _ � 143_ O O A --7 I i I /. / � I i I I � Q 4 6 � ' ' ' I ` ' � W O i n � I I I 4 �" � / � oR � O � � ��1 ♦ . Y.` i 6 � / / � `C ' i / . . � t ' F � � /.� •�� / � � 1• � ` � ` �/ f � • �� • • � . , �� . � � � r � � �� i � , � �� / . ,�� . , • ., ^ ,' � � C ' �`,� � ;' ��/ � � � � ��t � ,! , � � (� ' z � �'� l � p� �, '�; . �\� �� S �� t � � `; r'� � �� S. � �� ♦ �. \�/ � � ♦ e , � ::::::...:.....;..:. ♦ , � �� ` � � . • . �J P �,:�..:`_\.,: _ . . , � , ._, , — `./ 4 � Z � _ �� — i / �� p _—L d / } , • )— l � � � � O ♦ � / Q� � . � . � , --- � � / � I - ".��. ��= � �'= �_--- - � - - -- - - , 'U ;AF:T ' _ � LEGS�;D � �Z �R-PM : � (�• . 3 "}'�: Z'�1 ------ zon:.i� d�sUicl tu U��2'y' J�?�j�� ~� /� , ,, ; -;�-� �z.2�-9� r� 5��5;:�p�� ;, �� ,,� F�IL"c, _ � i �t�TE — , � 2i o � o on. 1=_mii� .. � co�:-i.:� ; Plt��. D;�T �,fA. r ,. . o�r,, ¢ r.�:o Iz;nity o.� < In.,u>< <= � cLr..r........-r"" c-� i. - - n r-� , � � r � --� � i �% �' � _ � � �� 5� Qo-33d' • DR. HERMAN IRVING TRUST (TRUS"I� — PETITION TO REZONE The Trust (Scott Cooper) is the petitioner. Should go first, after staff report. Seek rezoning from RM-3 (multiple room residential} to I-1 (industrial). Consent zoning. Decision of Zoning Committee: 6-0 - deny the rezoning. Planuiug Commission: nnan;mous - deny the rezoning. Motion to deny the re-zoning, and to adopt the findings and conclusions of the pianning commission as contained in its Resolution 00-10�, January 28, 2000. �a i to appr the re-zon g, in at ... (state a s nable ba 's a to 1) why this r oning is,an the pu ic intere and w lfaze and/or 2) w this re ning is in accord ce wi the com e nsive plan. • • r-� 1�� t� r�� i � �� pa -33�' St. Anthony Park Community Councit �f�� C �ty� ��J February 17, 2000 James Z,don, Ciry Pianaer Planning and Economic Development 25 W. Foutth S�eet S� Paul, MN 55102 RE: File #99-179-377 James: The St. A�hony Pazk Cvmmvoity Coimcil opposes the proposed rezouiug of 2336 Territorial Road from RM-3 w I 1. To imde�and the impoztance of the curr�t zoning w South Sk Anthony Park resdeots, it is nece,asazy to look back to the ]ate 1960s aod �rly 1970s. The area was thea kaowa as Yhe West NFidvuay-Swth St. Authony Park Projed Area, an azra d�goated by the city ss an �n r�ewal Project uadet the Federal neighborhood Developmeoi Progam. The area east of Raymond Aveaue andnorth a�'TetritoriaI Road was a�xture of detetiorated ho"� and iadustry. After much studY, it was dete.nmined ihat most of the hwsing was in too poor of shape to rehabilitate. Almost all afthe he�usngwas acq�riredaod demolished, alamgwiththe indust�ytbat had eacroached upoa the resid�ial neighborhood. FoIlowing this, the Ha�dea Square apartments, the Seai Street ffig�Rise, and the St. Aathony Greea towa hom�es vrere birilt. All of these houang wits were targecedfor people witfi lowto moderate iaoome, with the St. Anthony Grcen pmviding ownetship oppofimities for dris income group. As pazt ofthis reiewat activity, a bo�mdazY betwcen industrial use and housing was established The southem botmdary was C�ades Stceex. Maintaimng this botmdary widi industiial uses was a key goal a�'the West 1N"idwap-Soirth St. Arnhomy Park Praject Atea Commitcee, the predecessor to the St. Anth�y Pazk Commimity Crnmc91. 'Ihis Co�cii ca�nues to recognize that U�e viability of the radier small Swrth S� Antha�ny resid�2ia1 neighkwrhood depmds a�n the belief tl�at the borders of the residmtial neighboihood iuitl nat be a]lovued to erode. The pazce2 nmder curr�t xeview is oa the sourhwest comea c�Terriwrial Road and Carletaa Street, nocth of C6ades Stcet. It is directly actoss Tacitoriai Road from the St A�hony C,reen towa homes. These towa homes aze already ac}jacaot to au mdustrial mne to the east, smce the boimdazy betweea iadusuial and reside�ial nms n ther eastem edge. ff ihe change bein8 cwnsidered w�ere atlowed, there wnuld be indusuial uses on two sides ofthese town homes. We believe thai this �ange of uae is inappropriate aad couId have a aep�tive ia�act on the adjacent town homes. Therehas beea too much investec� and the nced for moderate-income ho is too imPoitant, to allow this to hsippen. 890 Gromwel{ Aveiwe, SaMt P�yt, Minuesop 55174 :• 651/649-5992 voice v 651/649-5993 fax �..�. 00 -33p' 7n 1992, the City Coimcil adopted the South St. A�hony Pazk SmaII Area PI� T1ris plaa looked at the azea al�g Raymand aad Umversity Aveaues, i�ludin8 � Pazoel tmder oomsideratio�. T� P�y Putpose of the study was to look at vris�ng l�d uae and z�ing and to determine if � m�ming or laud use plans aze appaopiiate- The study st�ge�ed, and the City adoQted, a c�ange m zc�ingfor the bdock sowh of this PraP�Y ��dus�iai to busimess. The study cfid ��md a ch�ge to the zoniag ofihis pmpeaty. We do not bdieve that anything has ehanged rl�at would ms�ilt � such a recomm�dati� today- la fact, the I7niversiry �d Raymond Aveoues arna has be� identified u a pot�tiat p7ace for new mixe3 commercaI and reside�ial d�cpm�tmthereceoi Cityl�grangeplan. Allowing a d�ange to industria! zoaing at tlus site is not justified. �t �till not b�efit the � n�P�� aos the cty as a whole. It wouid instead be a step backwud, awdy &om tfie visioa of dtis area �at has bad so mudi effort �d investmeat over the past 30 Years- We '� � Y� ielect this paition and rdaia the aur� yooing. ��Y> J �(�} c tY�,��lQ(1-1 �16 )✓ � �a1S011 F.XOq�IVC 1�17CdDI CC: C01IDC11 PfCStf� Dffi BOStr'OIR COImQlIDBID� J8Y $Ea241V Crnmalmember Jary �akey Camcilmember Katfiy IaotrY Cwmca'tmembe,r Pat �iasis Caimc�memba rim Reiter Co�mcilmember Quis Coletnan Fnr} Ixaa fi�om �ia�o� �.EKCf fIOID �It1CtII1 P• �uui: u�y +' Oo -33P' F��azy i �, Z000 zo� co�„n;tt� CITI' OF SATNT PqUL Plauning & Economic Development I400 City Hall Aat�ex 25 W. Fovt�h Sueet Saint Patil, � 55102-1634 RE: File #99-179-37� Public Heaziag Dr. Irving Hrnnan Tcust To W1wm It May Concem: Since I am unable to attend the pubiic hearing schcduled for Wed. Feb, 23, 2000, aLf30 p.m., I am writiag to express my concems rcgardiag the possible rezoning of 2336 Territoria! Road 5rom RM-3 to I-I. I am in sv�ong opposition co rezoning this pmperty for industrial use and highly recommend t6at it remain a residentiai zone. As you we11 tmow, scveral townhoases are Iceaud dimct2y across &om this addmss. Iacnased volume from huck �c, causing yoth air and aoise popution, not to mention safety concerns givq� the high speeds that dm,cr� �t�� j �t stretch of road, already negatively impact the residential environment and 9uai�ty of life as it is now. Re- aoning this aiw to indusvia] v,�q �t �yeviau these probietns and in att liketihood will make t6em worse for those of us living ia tbis neighborhood. Autobody tepair r�nd body work emits toxic paint fvmes imo tlie air which u deRimental to tbe heatth and safety of not otily the occupanu of the townhomes, but also ro the many elderly residents of the highrise just down the sheet. FinanciallY, sociallY and healthwise it is in our besc inkrests to proi�ct our residential neighborlwod {rom fiuther industriaGyaaon. I�ani� Yau ia advance for giving cazefiil attendon and eonsidecarion to the issues brottght forth regruding opposition to this proposed change by those of us who wi7l be directiy affected by your decision. Siaeerely, GC.C�cs/ � lulie A. Ellingson TO: St. Pau( PEQ Go James Zdon 651.228.3220 FROM� C. I. Mannheim 82H 5eai Street St. Paul, MN 55114 612.348.3$31 DATE: January 14, 2000 RE: 99-176350 Z33� Te s�r r-�-v n aL SET FOR: January 20, 2000 00 -�3P' Please accept the following statement in lieu of a personal presentation at ihe referenced hearing: I reside near the property" located property. subject property and, more significantly, am an owner of "common directly across the street and within a 300-fooi radius of the subject For a variery of heafth, aesthetic and quality-of-life reasons, it is crucial, on general principle, to buffer residential communities. such as ours, from heavy-use industria! and commercia! activity such as that encompassed in an I-1 zoning designation. On a more specific note, it should be noted that the applicant has already established a significant measure of bad will in this community by engaging in legally proscribed and noxious uses af the subject property �ur immediate community has been ptagued with periodic episodes of noxiaus odors apparently caused by the nearby use and/or release of sotvents. While City personnet (e.g. d Reter Kishe}, 266-9133) have not (yei) spec�cally finked this complaint to the subjeef property, it is exaGtly the type of unacceptable encroachment that can be anticipated with the zening change requested by the applicant. I am therefo�e strenuously advocating for a deniai of their appeal to rezone the subject property to an I-t class�cation. `� � i � ��G�- �—,{-�' '�� cc: St. Anthony Greens, Board of Qirectors. Go Omega Management, 612.544-2613 District i2 Community Council, 651.648-5993 TDTRL P.01 OR1GI�fAL Green Sheet # �O�yQ` 2 4 5 6 7 8 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 Presented By council File # �� 33� Resolution # RESOLUTION CITY OF SAtNT PAUL, MINNESOTA Referred To '� Committee: Date �� WHEREAS, under the provisions of Saint Paul Legislative Code § 66.409 and Miim. Stat. § 462.357, Dr. Irving Herman Trust (File 99-179-377) petitioned to rezone property commonly known as 2336 Territorial Road, Saint Paul, Minnesota from RM-3 to I-1 for the purpose of pemutting reuse of the property to allow auto body and auto repair. The said petition was certified by the planning division on December 20, 1999 as having been consented to by at least two-thirds of the owners of the area of the property to be rezoned, and further having been consented to by at least 67% of the owners of the properties situated witkrin 100 feet of the total contiguous property within one yeaz preceding the date of the petition; and 'WHEREA5, on 7anuary 20, 2000, the zoning committee of the Saint Paul Planning Commission conducted a pubiic hearing for the purpose of considering the rezoning petition pursuant to the requirements of Saint Paul Legislative Code § 64.300 and Administrative Code § 107.03. All persons present were given an opportunity to be heard. At the conclusion of the hearing, the zoning committee moved to deny the petition and submitted its recommendation to the Saint Paul Planning Commission; and WHEREAS, the Saint Paul Planning Commission considered the rezoning petition at its meeting held on January 28, 2000. The Plamiing Commission recommended to the City Council that the petition be denied for the following reasons: 1. The applicant owns a legally-nonconfornung industrial warehouse facility which they lease to a business that purchases automobiles at auctions, does necessary repairs, body work, detailing work and then sells them to other dealers or individual buyers. On October 12, 1999 the current tenant was issued a misdemeanor citation for conducting auto repair and auto body work without a license. Subsequent to the Planning Commission's !2J3199 deniai of a change in nonconfomung use application that would have allowed auto repair and auto body uses, the applicant wishes to rezone the property from RM-3 to I-1 so that his cunent tenant may conduct the same auto repair and auto body uses. The tenant"s operation is entirely enclosed with fifteen to eighteen cars on the premises at any given time. The interior space is prunarily used for various stages of service, repair, auto body work. There is no designated sales showroom. Auto painting work is contracted out to off premise sites. The workforce consists of 3-4 full-time employees who perform detailing work and 3 independent contractors who aze used as needed for auto repair and auto body work. Perpendicular parking for 15 cars is auailable in the public right of way on the south and east sides of the building. No signage is associated with the current business. Hours of operation are from 8:30-7:OQ, Monday through Friday, and 830-5:00 on Saturday. 2. The rezoning is not consistent with the comprehensive plan. The 1992 South St. Anthony Park Small Area Plan, while recommending the rezoning of properiy in the blocks immediately west and south of the property from industrial to commercial zoning, specifically kept this property zoned as RM-3. 40 41 42 43 44 45 46 47 48 49 50 51 00 -��t 3. The rezoning is not compatible with the way the area has developed and will have an adverse impact. Since the adoption of the small area plan in 1992 the general development direction has been to restrict industrial uses to an area east of Cazleton. West of Carleton, the general development pattem has been the promotion of commercial and residential uses. Immediately north of the property is a new town house project an RM-2 zone. To the immediate west and adjacent to the property is a distributing company in a B-3 zone. To rezone this property to industrial uses would be to reverse the development land use pattem that has been occi.uring within this neighborhood over the last decade. 4. The applicant submitted a sufficient petition of two-thirds of the properiy owners within one hundred (100) feet of the property stating support for the rezoning (16 parcels eligible, 11 parcels required, and 11 pazcels signed). 52 53 WHEREAS, notice of public hearing before the Council of the City of Saint Paul concerning the said 54 rezoning petition was duly published in the official newspaper of the City on February 4, 2000, and notices 55 were mailed to each owner of affected property and property situated wholly or partly within 350 feet of the 56 property sought to be rezoned; and 57 58 59 60 61 62 63 64 65 66 67 68 69 70 WHEREAS, a public hearing before the City Council having been conducted on February 23, 2000, where all interested parties were heard, the Council having considered all the facts and recommendations concerning the petition resolved to deny the application to rezone the subject property and in doing so moved to adopt as its own the findings of the Saint Paul Planning Commission as stated herein; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does hereby deny the application ofDr. Irving Herman Trust to rezone property at 2336 Territorial, more particulazly described as (see file) from a RM-3 zoning classification to a I-1 zoning classification for the general reason that the application is not consistent with the comprehensive plan for the City and for the reasons articulated by the Saint Paul Planning Comtnission which are incorporated herein by reference and adopted by the Council of the City of 5aint Paul as its own; ANA, BE IT, FTJRTHER RESOLVED, that a copy ofthis resolution shall be sent to the applicants, the Planning Administrator, the Zoning Administrator, and the Saint Paul Planning Commission. Adopted by Council: Date 6 OD Adoption Certified by Council Secretary By: Approved by By: Requested by Department of: Plannincx & Economic Development �� By: � Form Approved b City Attorney By: � �" �_ Approved by Mayor £or Submission to Council ��/��'0�"U� By : �- � PED w�sT �a� Maz�h zi, z000 GREEN SHEET fACT PERSON 8 PFiONE � James Zdon 266-6559 � �� 00 -33� No 10649i . � oeM,�rowma. anea.ra_ \GH�IIN BY (OA7E7 4/5/00 �� ,roe� /etr�lvirn�r �ory«� aourwc �� ❑ A4MGL�i1NICii� ❑ RiWMLliMIlCCi6 � w��.,�.� 3-as� � TM Mp. TOTAL � OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) City Council adoption of resolution denying petition to remne property at 2336 Territorial Road from Rm-3 to I-1. PIANNtNG COMMISSION CIB COMMITfEE CNIL SERVICE COMMISSION Owner of property had initiated a rezoning petition. Property will remaiii zoned as RM-3 IF PPPROV W �.�: �� Properiy will be rezoned as I-1. SOURCE INFORMATION (IXPWln � rlas thie ceis«�r�n everMakea u�ae. a eanhaa r« u�is departmer�la YES NO Flas this P�rm ewr Dcen a eily emWoYee9 YE3 NO Doec tfiis pereoNfiim poesecs a cidll not normallypoasesaetl by airy curteM cily empbyse? VES NO Is Ihin peteailBrm a taryetad vendoY7 . YES NO oiain ea vec amxeis on aeoarate sheet and attaeh m areen sheet �`�� =.a��.:��: �AR 2 � 20Q6 � COSTrttEVENUE BUDOETED (CIRCLE ON� VEf NO IICTNRY NUMBER . ��2Y�� P° o�;'3#@i / DEPARTMENT OFPLANNING & ECONOMIC DEVELOPMENT J� (,�TY OF SAIN7' PALJL Norm Co2eman, Mayor Dlmsion ofPlammng 25 WestFwnh Street Smnt Pass� MN55102 Tetephone: 612-266b565 Facsimrle: 612-228-3314 January 31, 2000 Ms. Nancy Anderson Ciry Council Reseazch Office Room 310 City Hall Saint Paui, Minnesota 55102 Dear Ms. Anderson: I would like to confirm that a public hearing before the City Council is scheduled for Wednesday February 23, 2000, for the purpose of rezoning properiy at 2336 Territorlal Road from RM-3 to I-1 to allow an auto sales, auto body and auto repair shop. Applicant: Dr. Irving Herman Trust File Number; #99-179-377 Purpose: Rezo nil1a ofproperty from RM-3 to I-1. Address: 2336 Territorial Road, SW corner Temtorial and Carlton. Legal Description See file. ofProperiy: Previous Action: Plarn�ing Commission Recommendation: Denial, Vote: Unaznmous, January 28, 2000. Zo nino Conunittee Recommendation: Denial, vote: 5-0, January 20, 2000. My understanding is that this public hearing request will appear on the agenda for the February 23, 2000 City Council meeting and you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6559 if you have anq questions. S cerely, 7ames n y � City anner cc: File #99-179-377 Paul Dubruiel Cazol Martineau � •mLSeizox• - 4 3ROTICE OFPUBidC-3�ARIIRG 'Rie Saint Paul City Council will conduct a publie hearing on Wednesday, Febn�azy 23, 2000, at 5:30 p.m. in the City Coimcil Chambers„ Third Floor, City Hall, �to consider the applfcation- of Dr. Irving Hetman Trust to rezone�property at 2336 Territorial Road fr'om RM-3.to I-1 W ailow an auto sales, auto body and auto repair ��: Datecl: February 2, 2000 � NANCYANDERSON . ..- . . tlssistaitt IXty CovnctlSeccetary ' _ � . lFeb.4� . �ST.�PAfII.IE�Li.FAGffit �. �°u��"�''� ",.,t... �.,� ��<-��L� � �. r° �. � �:= � A r � ,r- �;:' `�..�' � �`�v i, DEPARTMENT OF PLA�"�I\G & ECO\OVtIC DEVELOPY[EST Oo -33$ SAINT PAUL � AAAA � CITY OF SAINT PAUL Norm Coleman, Mayor February 11, 2000 Ms. Nancy Anderson Secretary to the Ciry Council Room 310 City Hall Saint Paul, Minnesota �5102 Divtsion ofP7anning 25 Weat FouKh Street SalxtPaul, MN55102 Teiephorte: 612-26G6565 Facstmile: 612-128-3314 RE: Zoning File #99-179-377 Dr. Irving Herman Trust Ciry Council Hearing: February 23, 200Q 5:30 p.m. to 6:30 p.m., City Council Chambers PURPOSE: Rezoning properry at 2336 Tenitorial Road from RM-3 to I-1 to allow an auto sales, auto body and auto repair shop. PLANNING COMMISSION 1/28100 RECOMMENDATION: Denial, Unanunous. ZONING COMMITTEE ll20/00 RECOMMENDATION: Denial, vote: 6-0. STAFF RECOMMENDATION: Denial. SUPPORT None. OPPOSITION: The St Anthony Communiry Council opposed the rezoning.. Dear Ms. Anderson: This rezoning is scheduled to be heard by the City Council on February 23, 2000. Please notify me if any member of the Ciry Council wishes to have slides of the property presented at the public hearing. Sincerely, ! � i -.,'i r:�r.�p;..�L ,� C�c' 1 James Zdon� Ciry Planner cc City Council members � city of saint paul planning commission resolution file number oo-�o date 2a z000 WHEREAS, Dr. Irving Fierman Trust (File 99-179-377) has applied to the Planning Commission to rezone property at 2336 Territorial Road from RM-3 to I-1 to allow auto body and auto repair, the property legally described as (see file); and WFIEREAS, the Zoning Committee of the Planning Commission on O1/20/00 held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 6a.300 of the Saint Pau1 Legislative Code; and WHExEAS, Saint Pau1 Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. The applicant owns a legally-nonconforming industrial warehouse facility which they lease to a husiness that purchases automobiles at auctions, does necessary repairs, body work, detailing work and then sells them to other dealers or individual buyers. On October 12, 1999 the current tenant was issued a misdemeanor citation for conducting auto repair and auto body work without a license. Subseguent to the Planning Commission's !2/3/99 denial of a change in nonconforming use application that would have allowed auto repair and auto body uses, the applicant wishes to rezone the property from P.M-3 to S-1 so that his current tenant may conduct the same auto repair and anto body uses. The tenant"s operation is entirely enclosed with fifteen to eighteen cars on the premises at any given time. The interior space is primarily used for various stages oi service, repair, auto body work. There is no designated sales showroom. Auto paintirg coork is contracted out to off premise sites. The workforce consists of 3-4 fu11-time employees who pezform detailing work and 3 independent contractors who are used as needed for auto repair and auto body work. Perpendicular parking for 15 cars is available in the public right of way on the south and east sides of the building. No signage is associated with the current business. Hours of operztion are from 8:30-7:00, Monday through Friday, and 8:30- 5:00 on Saturday. moved by_ seconded by Gervais in favor Unanimous � � against � a�-�3� � 2. The rezoning is rot consistent cvith the comprehersive olan. The 1992 South St. Anthony Pask Small Area Plan, while recommending the rezoning of property in the blocks immediately west a.d south of the property from industrial to commercial zoning, specifically kepC this property zoned as RM-3. 3_ The rezoning is not compatible with the way the area has developed and will have an adverse impact. Since the adoption o° the sma11 area plan in 1992 the general development direction has been to restrict industrial uses to an area east of Carleton. West of Carleton, the general development pattern has been the gromotion of commercial and residential uses. Immediately north of the property is a new town house project an RM-2 zone. To the immediaCe west and adjacent to the property is a distributing company in a B-3 zone. To rezone this property to industrial uses would be to zeverse the development land use pattern that has been occurring within Chis neighborhood over the last decade. 4. The applicant submitted a sufficient petition of two-thirds of the property ownexs within one hundred (100) feet of the property stating support for the re2oning (16 parcels eligible, 11 parcels required, and 11 parcels signed). Therefore, Be St Resolved, based on findings 2 and 3, the Planning Commission � recommends to the Saint Pau1 City Council denial of the application to rezone property at 2336 Territorial Road from RM-3 to I-1. LJ MINUTES OF THE ZONING COMMfTTEE Thursday, January 20, 2000 - 3:30 p.m. City Council Chambers, 3' Floor City Hall and Court House 15 West Keltogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Field, Gervais, Gordon, Kramer, Morton, and Nowlin Faricy Peter Warner Carol Martineau, Allan Torstenson, James Zdon of PED The meeting was chaired by Commissioner Fieid. Dr. Irving Herman Trust - 99-179-377- Rezoning from RM-3 to I-1 for an auto sales, auto body and auto repair shop. 2336 Territoriai Road, SW corner Territoriat and Carleton. James Zdon showed slides and presented the staff report. Mr. Zdon stated 3 letters of opposition to the rezoning were received. Mr. Zdon also stated the Zoning Staff is recommending deniaf to the rezoning. At the enquiry of Commissioner Gordon, Mr. Zdon stated that a B-3 rezoning would suffice, and if the appiicant applied for a B-3, the Zoning Staff would recommended approval. Mr. Scott Cooper, owner of 2336 Territorial Road, appeared and stated they applied for an i-1 because the previous tenant was an I-1 manufacturing company. At the question of Commissioner Gordon, Mr. Cooper stated the present business is doing auto detailing and sales as per their originai Nonconforming Use Permit. Mr. Sherman Eagles, Co-Chair of St. Anthony Park Community Council, appeared and stafed the St. Anthony Park Community Councit opposes the proposed rezoning. Mr. Eagles also expiained in 1970 fhis area was designated by the City as a urban renewal project under the Federal Neighborhood Development Program, and most ot the housing was acquired and razed along with the encroaching industrial industry. The Hampton Square Apartments, Seal Street High-rise, and the St. Anthony Green Townhouses were built for people with low to moderate income. A boundary between industrial use and housi�g was established around St. Anthony and maintaining that boundary is important. If the rezoning is approved there would be industrial uses on 2 sides of the town-home development which is inappropriate, and would have a negative impact on the adjacent town-homes. The St. Anthony Small Area Pian adopted in 1992 by tfie City Councif rezoned the property south of this business from I-1 fo B-3. The study did not recommend a change in the zoning of this property, and circumstances haven't changed to allocate an I-1 rezoning. Upon the question of Commissioner Gordon, Mr. Eagles stated they haven't taken a position on B-3 zoning, it has not been proposed. There would be some concern about the owner appiying for a Nonconforming Use Permit allowing for industrial activities with a B-3 zoning. � � Mr. Robert Straughn, Member of St. Anthony Community Council, appeared and reiterated the � rezoning of this site wouid be a step backwards. i Zoning Committee Minutes January 21, 2000 File #: 99-179-377 Page 2 �� J J` Mr. Scott Cooper reappeared and stated there is not enough land to accompiish anything under the RM-3 zoning so they would have to appiy for a nonconforming use permit. Commissioner Gordon moved approval for the staff recommendation to deny the rezoning from RM-2 to I-1. Commissioner Kramer seconded it. Commissioner Gordon stated a B-3 rezoning would be appropriate if the applicant would like to apply for this type of rezoning. Commissioner Nowlin would afso support a B3 rezoning. Adopted Yeas - 6 Drafted by: � Lr:�-�t��i��,1lL�pf Carol Martineau Recording Secretary Nays - 0 Submitted by: � : / ,' I!;�� J}- -��71 James Zdon � Zoning Se�jion Approved by: Litton Field Chair � 20 January 2000 Testimony to the Zoning Committee pertaining to a petition to rezone 2336 Temtorial Road Sherman Eagles 980 Hampden Ave $t Paul 55114 Co-chair, St. Anthony Park Community Councd The SAPCC opposes the proposed rezoning of 2336 Territoriai Itoad from RM-3 to I-L I would tike to e�cplain why we believe that this proposed change should be denied. � To understand the importance of the currern zoning to South St. Anthony residents, it is necessary to look back to the late 1960s and early 1970s. The area was Imown then as the West Midway - South St. Anthony Park Project Area, an uea desigaated by the city as an urban renewal project under the £ederal Neighborhood Developmerit Progrmn. The area east of Raymond Avenue and north of Temtorial Road was a nvsture of deteriorated housing and industry. After much study, it was detemuned that most of the housing was in too poor shape to rehabilitate. Almost all of the housing was acquired and demolished, aloa� witii ti�e-industry that had encroached upon the residential neighborhood. FoIlowmg this, the-Hampden 8q�are apartments, the Seal Street T-Ii-rise and the St. Anthony Green townhouses were-bnik. frli ofthese kousuzg units were targeted for people with low to moderate income, with S�t1nd}exy-C3reen previding ownership oggert�ities for this inwme group. As part of this renewa� activity, a Uaundary-between industrial use and housing was established. The southem bonndary was C�arles �treet. Maintaining fliis-bouadary with industriai uses was a key goal of the West Nfidway — Soutir StAnthony Fark Project Area Committee, the predecessor to the St Amhocty�aFlc-C�nu�rity-C-eancil. The SAPC�-eoatiarzes to recognize that the viabiliry of the ratker sma}i-Soutir-St Anikanq residential neighbor�oo� depends on the belief that the borders of the residential neighborhood will not be allowed to erode. � T'he parcel currendy nnder review is on the-sonthvrest coraervf?'erriYorial Road and Earleton street, north of Charles. It is directly across 3'erriterial Roa� frani tlie St. Anthony C�een town homes. These town homes already are adjacent to aa industrial zone to the east, since the boundary between ittdustrial and residentiai mns ostheir-eastem Ifthe changebamg considered were allowed, there wouId�eutdnstrial usesoa two-sidzs ofthese tocva homes: �e beiieve that this chauge of use is inappropr-iafe an�esxld �noez.==��ative impacfs��jae�at - town homes. There has been too much�v�ested, and the need for moderate inwme housing is too important, to ailow this to happen. __ ' In 1992, the City Council adopted the Soutlr St. Ant�xany �ark SmaH Area Plan. This p�an looked at the area along Rayxnond and University, including4he parcel in question. The primary purpose of the study was to look at e�sting land use and zoning and to determine if changes in zoning or land use plans are appropriate. The study suggested, and the city adopted, a change in zoning for the block south of this property from industrial to business. The study did not recomme� a change to the zoning of ihe this property. We do not bekeve that anything has changed that would result in such a recommendation talay. In fact, the University and Raymond area has been idenUfied as a potetrtial place for new mixed wmmercial and residential development in the recent city long range plan. Allowing a change to industrial zoning at this site is not justified. It will not benefit the sunounding neighborhood, nor the city as a whole. It would instead be a step backward, away from the vision of this area that has had so much effort and investment over the past 30 years. We ur�e that you reject this petition and retain the current zoning. � O1/15/00 18:39 FAX 612 871 7212 ARCHITECTURAL ALLI.SNCE � 002/003 �j�-17� � �� 7anuaz� 13, 20�0 SAL^IT ANTHONY GREENS TOWNHO� ASSOCIATION C'� -33�' James :Zdon City oE'SaintPaul Depar�meat of Planning and Economic Development 1400 Ciry Hall Annex 25 We;>t Fourth Street Saint Faul, Ivi�i I 5 S 102-1634 Re: File#99-179-377 Rezon ing from RM-3 to I-1 for an auto sales, auto 6ody and auto repair shop Dear h4r. Zdon, The Saint Anthony Greens Townhome Association is a group of 40 townhouses located directly acsoss Territorial Aoad from 2236 Territorial Road, the location of the Walor EnterQrises building. We vi�;orousiy opgose this proposed rezoning and strongly encourage the CiTy of Saint Paul deny it. Rezoriing this property from RM-3 to I-1, would go against the intent of the Saint Paul Zoning Code as we{t as the goals of tkte Saint Paul Comprehensive Plaa. Support of the development of business is alwsrys important, and it is especially important at this time to the City of Saint Pau1, but any develepment must be compatible with the current forward direction of the Planning Commission a¢d the City of Saint Pau1 to improve our City and make it more livable. The list of Principal Uses in an Industrial District is long and concentrates on manufacturing and other industrial activities that are completely incompatible with the neighboring residential development, including the Seal High Rise. By rezoning to an IndusVial District, the permanent change to allow this wide range of industrial activity that would increase levels of traffic, noise, pollution in a neighborhood that has a mixtw•e of uses with a strong residential flavor. The f��llowing (in italics) are excerpts from The Sainr Pau! Comprehensive Plan with our comments: Business developn:ent and housing concerns recognize that rieither wilt be at its best unless both grow in an inlegrated and cor>iplementnry fashion. Tl�e proposed rezoning would go backwards a�vay from this goal of the City: YI� e[the City of Saint Paul] have learned that sustainable success requires places designed to srrve the conamuniryjunctionally, aesthetically and socially. Qualily of place for Saint Paul means: • Neighbarhoods that attract people and make them want to stay; . ttttractive housing that meets a wide variety ojneeds, • Business dish^iets that irivite walkrng, promote community interaction arsd are safe, • Strong, posi[ive visa+al interest for pedestrians, bikers, walkers and riders; . Visual and ahysical connection to the city's natzn•al base of land, waler and clean air, and • Indushy that blends harmoniously ivrth its urban neighbors. Ftezoning from RM-3 to I-1 would be contrary to each of these statements. o vzsioo ia: as F�a siz s �zi2 axcx iTECTUxaL aLLZ�:vcE �IUU31UU5 SAINT A(YTHONY GREENS TOWNHOME ASSOCIATION Januar�� 13, 2000 Re: Fi.le #99-179-377 Lu'ensive Use of Industria[ Land.. Office uses may offer greater potentia! than indush'ial developnrent a[ some previazrsly-industrio! sites. Im'egrated Neighbar&aod Improventent. Development of any major lar:d area for business and inciustrial use should be regarded as an opporiuniry for iniprovement of the larger neighborhood of' which it is a part. C«nrtnunity Deve[npment Wuh a broad cammtmiry partnership, Saint Paul cmx continue to szrj�porf the Con:munity Development Agenda initiatives: An Even Better Place to Raise CF,�ildren, No Truce With Poverty, High Qua[ity City Living and Effective Civic Collaboraiion. The puoposed rezoning is in duect opposition to the iniriatives supported by the Saint Paul Planning Commission and the City of Saint Paul. It has been identiFied by the City that devetopment must suppott the maximum community benefit — this rezoning would be a major step backwazds. The ne:ighborhood includes our 40 townhouses, which includes a tot of children, and the Seal High Rise, tvhich has a high population of elderly residents. While our townhouse association is near a existu-�g Industriai District, the curcent zoning wisely provides a buffer to both the Seal High Rise and t}ie Saint Anthony Greens Townhomes — this proposed rezoning would put Industtial District directly across the street. We aze concemed not on[y with the proximiTy of the auto repair faciIity to our re:>idents but to future potential uses that an I-1 District would allow. Rezoning this properiy to an I-1 District would be detrimental to our tteighborhood. The proposed rezoning must be denied. Sincerely, ��"�� .tr.� Thomas HyselV Presi�3ent, Boazd of trectors Saint Anthony Greens Townhome Association S18 `ieaJ Street Saint Paul, MN 55114-1259 652-t:47-0�55 (home) 651-f�47-0755 (fax) 612-F;74-4191 (work) 612-f�71-7212 (work fax) thyse;ll@archalliance.com (e-mail} c: City Councilmember Benanav fas (651) 266-8574 � � � Page 2 JRN-14-2e�0 ��41 HtNNtN1N U 7 �UUKI � TO: St. Paul PED cfo James Zdon 651.228.3220 FROM: C. 1. Mannheim 828 Sea1 Street St. Paul, MN 55114 692.348.3831 DATE: January 14, 2000 RE: 99-178-350 SET FOR: January 20, 2000 O1G J4G JY�G r.ui��_ �y- ,��- � �� ao .3�r Please accept the following statement in lieu of a personal presentation at the referenced hearing: I reside near the subject property and, more significantly, am an owner of "common property" located directly across the street and within a 300-foot radius of the subject property. For a variety of health, assthetic and qual+ty-af-life reasons, it is cruciai, on general � principle, to buffer residential communities, such as ours, from heavy-use industrial and commercial activity such as that encompassed in an I-1 zoning designation. � On a more specific note, it should be noted that the applicant has aiready estabiished a significant measure of bad wifl in this community by engaging in IegaUy proscribed and noxious uses of the sub}ect property. Our immediate community has been piagued with periodic episodes of noxious odors apparently caused by the nearby use and/or reiease of solvents. While City personnel (e.g. cf Peter Kishel, 266-9133) have not (yet) specifically (inked this complaint to the subject properfy, it is exactly the type of unacceptable encroachment that can be anticipated with the zoning change requested by the applicant. I am therefore strenuously advocating for a denial of their appeal to rezone the subject property to an I-1 classification. � Z � `�//� �7�� cc: St. Anthony Greens, Board of Directors, c/o Omega Management, 612.544-2613 District 12 Community Council, 651.649-5993 TOTAL P.B1 Y�� ,�� -� �� January 10, 2000 City of St.Paul Department of Planning Zoning Committee 1400 City Hall Annex 25 West Fourth St St.Paui, MN 55102-1634 File# 99-179-377 and Economzc Development Dear Members of Zoning Committee; I wouid liice io register my strong objection to the application for rezoning from RM-3 to I-1 made by Dr. Irving Hermaa Trust owner of the Valor Enterprises, Inc.. The owners of the Valor Enterprises Inc. try to change existing classification to allow them to operate body and auto repair shop in close proximity (across the street) to the residential area occupied by St. Anthony Crreens Townhouses. Activity of this kind involves noisy mechanical work and painting jobs which in turn lead to emission of harmful vapors of chemical solvents. Since my townhouse is located just across the street from the Valor Enterprises Inc. both me and my neighbors along the Territorial Rd will suffer most. However, other units of St. Anthony Greens Townhouses will also feel environmental impact and suffer from decline in property values. It is entirely improper to re industrialize the block, which has essentially residential and office building character by allowing to operate one of the most polluting type of a commercial activity. The previous permit issued to the Valor Enterprises allowed for indoor car sales, in fact establishing a used caz showroom that was reiatively harmless. The worst thing that followed was significaIIt increase in the traffic in the neighborhood. However, allowing the site to turn inTo heavy mechanical and painting type of activity will ineversibly damage the residential life there. I hope you will turn down the application. Sincerely, s .., � � Dr. Andrzej R. Altenberger 2311 Territorial Rd., St.Panl, MN 55114 (651)646-4938 � � � aa •��8� i 1 2 3 4 5 ZONING COMMITTfi& STAFF RSPORT FILE # 99-179-377 APPLICANT: Dr. Irving Herman Trust Date of Hearing: 1f20f00 CLASSIFICATTON: Rezoning LOCATION: 2336 TERRITORIAL ROAD PLANNSNG D2STRSCT: 12 LEGAL DESCRIPTION: see file 6. PRESENT ZONING: RM-3 ZONING CODB REFSR$NC&c 64.4��(a)&(bl 7. STAFF INVESTIGATION AND REPORT: DATE: 1/13/00 BY: James Zdon 8. DATE RECEIVED: 12/20/99 DEADLINE FOR ACTION: 2/18/00 A � B C D PVRPOSE: Rezoning of property from RM-3 to I-1 to allow for auto repair and auto body work. PARCEL SIZE: 16,625 square feet. EXISTING LAND USE: Warehouse facility used for auto detailing and second hand car sales. SURROt7NDING LAND USE North: Multi-family housing zoned RM-2. East: Trucking firm, zoned I-1 South: Light Industrial, zoned B-3 West: Light Industrial, zoned B-3 E. ZONING CODE CITATIOI3: Section 64.400(a) staCes in part, "the counoil may from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may from time to time, review district boundary lines to determine i£, pursuant to state laws, such district boundary lines should be changed. Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." F. HISTORY/DISCIISSTON: A major variance was approved by the Planning Commission in 1995 to allow maneuvering within the public right of way � to a11ow access to a new loading dock. On February 26, 1999, the Planning Commission approved a Change of Nonconforming Use Permit to allow for indoor car sales and auto detailing with the conditions that there should be no cars for sale parked on the street or outside the building, and second, 15 off street parking spaces should be provided � solely for customers and employees. On December 3, 1999, the Planning Commission denied a Change of Nonconforming Use Permit to a11ow for auto repair and auto body uses. G. DISTRICT COUNCIL RECOMMENDATION: To date, the St. Anthony Community Council has not taken a position on the proposed rezoning. H. FINDINGS: 1. The applicant owns a legally-nonconforming industrial warehouse facility which they lease to a business that purchases automobiles at auctions, does necessary repairs, body work, detailing work and then � sells them to other dealers or individual buyers. On October 12, 1999 the current tenant was issued a misdemeanor citation for conducting auto repair and auto body work without a license. Subsequent to the Planning Commission's t2/3/99 denial of a change in noncon£orming use application that would have aSlowed auto repair and auto body uses, the applicant wishes to rezone tfie property from RM-3 to I-1 so that his current tenant may conduct the same auto repair and auto body uses. The tenant"s operation is entirely enclosed with fifteen to eighteen cars on the premises at any given time. The interior space is primarily used for various stages of service, repair, auto body work. There is no designated sales showroom. Auta painting work is contracted out to off premise sites. The workforce consists of 3-4 full-time employees who perform detailing work and 3 independent contractors who are used as � needed for auto repair and auto body work. Perpendicular parking for 15 cars is available in the public right of way on the south and east sides of the building. No signage is associated with the current business. Fiours of operation are from 8:30-7:00, Monday through Priday, and 8:30- 5:00 on Saturday. 2. The rezoning is not consistent with the comprehensive plan. The 1992 South St. Anthony Park Small Area Plan, while recommending the rezoning of property in the blocks immediately west and south of the property from industrial to commercial zoning, specifically" kept this property zoned as RM-3. 3. The rezoning is not compatible with the way the area has developed and will have an adverse impact. Since the adoption of the sma11 area plan in 1992 the general development direction has been to restrict industrial uses to an area east of Carleton. West of Carleton, the general development pattern has been the promotion of commercial and residential uses. Immediately north of the property is a new town house project an RM-2 zone. To the immediate west and adjacent to the property is a distributing company in a B-3 zone. To rezone this property to industrial uses would be to reverse the development land use pattern that has been occurring within this neighborhood over the last decade. 4. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (16 parcels eligible, 11 parcels requzred, and � 11 parcels signed). D v -�� Y • I. STAFF RECOtRRE13DATION: Based of findings 2 and 3, staff recommends denial of the petition to rezone the property at 2336 Territorial Road from RM- 3 to I-l. � �r.�.J � S��Ni un t :� A�IIA PETt710N TO AMEND THE ZON(NG CODE Department ajPlanning and .$conomic Developinen! Zoning Seclion II00 City Ha!! Annex 25 West Fourth Street Saint Pau1, MN 55102 266-6589 APPLICANT PROPERTY LOCATION AddresslLocation �33E %-� •r��'� /�-� Legal (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paui Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, �r�=Y n�rv� �r anT�i'�s� , tfie owner of ail the iand proposed for rezoning, hereby pet+tions you t rezone the above described property from a ��- 3 zoning district to a �- I zoning disfrict, for the purpose of: `'� 1 S�8o3 6 � 0 00 (atfach additronaf sheet(s) if necessary) -/ P� Attachments: Required site plan ❑ Consent petition Q Affidavit � Subscribed and swom to / befor me this 1� day By:,�r—C�� -�-� of �� , 19�� Fee owner of prope y /i � — Tit(e: /�.c' ;Ni JICL E. HUGHES NOiARTPVgUC MINNESOIp A1Y �OAiMtSS(ON EXPIRES lANUARY 31, 2000 � .� Page 1 of � -- -----'--'-'--�"-^�--f-;r.,....----s-^;-..� .....-.�.-��•-.�'-�.n.�.-r�. __.... _.. .....,�--,---- _ • . - CityC .�� ,' St. t! Zip S536y Daytime phone,{�IL�Si(D'�`�Uy Contact person (if different} S'� •-rt �'��.•�-er ' , , t ; t . . . �. . CZ�`�' O�' S.A.XI� �.A.1CTL � CO�ISENT•OF ADJOINING PItOPERTY O�YN�I ,�:�zoN.rNc po-�3�' We, the unde�signed, owners ofthe proper;y tiviq�in 100 f:et oPdic total contiguous dcscription of raat estate o�vned, purcliued, or sold by 7'HE PETITIONGR tivithin one }•ear precedin� the date oE this petition ncknowledge that we have becn presented u•iU� the {ollo��•ino: 1. A copy oFthe petition oF l� �_ ��(v (name oF � �lS to retone tlic property localed 2t ,�� „ .� �� from a ��1� 7 zoning district to a Z" � zoning district. 2. A copy of sections .� , G� � througli �vU. - , inclusive oFtlie Saint Paul Zoning Code; and nckno�vlcd�c that we nre 1�varo of �II oF the uses permit�zd in a 2- i zoning district xnd we zra aware that 1ny of these uses can be estaUlislied upon Ciry Council approval o(dic remning. \Ve hereby conscnl to Ihe rczoninp of the property in tlie pctition of; I) �` . S--C U � �.n I'F-C'�,'vrt i �YvS to n� � zonino dislrict. (Atame o pe[itioner) \Ve conscnt fo flic �pproval of fhis T•ezoninb as it �va.s expl�ined fo us by fhe �pP]ic�nt or his/licr rePresenf�tiYC. � -� ��-� ,?3z�r z350 ZY-i fc (� -.�� S' �z�� 1-3-5'S � �0-,�7- 5�g w - .....__. . _ . _ -- - - ------ ____�.,� �-� n07'�: This petition shall not be considered as o�cially filed until the Izpse of ses•en (7) working dzys eRer it is received by tliePlanning Division. Any signato: oftnis p°,ilion may �tiithdrati°rhislh°� nzme therefrom Uy �vritten request witnin that time. ��' :. :� �. -;�; < CZ'Z'�' O�' S.A.ZhT`Z' �'.A.TJS� CONSENT'•OP AD70INING PROPERTX OWN�RS POR A z�EZON,�rvc Wc, the imdcrsigned, o�vncrs oElhc property �viQiin 100 ket oFthc total contigaous dcscription of real cstate o�vned, purcl�ased, or sold by TFIE PETIT[OiIGR �vithin one }•car preceding the clate oE this petition 1cRno�vfedoc �hat we iiave becn presented «•it(i thc folfo«•ing: A copy of the petition oF � L' S � (namc oFpctitioner) io rezoae thc pcoperty Iocated at �� 3�_ T�„ -�'� froni a ��-�j zonino district to a�_zoning district. 2. A copy oFsections ,(�� throuoh 6 G" !_, t�, inclusive oFtl�e Saint Pau1 Zoning Code; and nckno�vledge that tve nre n�varo of nll oF the uses permittcd in a �- � zonino district and �ve are nwarc tl�at any oF these uses can be estaUfisl�ed upon City Council approval of die rezoning. \Ve hereby co��se�it to ihc rczoniitg oFthe property in !he petitiori of; _ I) �' •�--C V� 4t.�, tt-�a'vr�rt�. �YvST to 1 S" � xoning district. (Name o petitione�) lYc consent to flic approval of fhis a•ezonin ; as if �vas ezpl�ined fo us by the �PPlicant or his/hcr represent�4ive. � � y � i`iOT�: This petition shall not be considered as officially fi(ed until the la�se of seyen (7} wo:k�nS days efter it is reeeived by the Pl�.nc;ing Division. Any signa(o: of this petition may �tiithdravr h�� name therefrom by tvritten request within that tinte. �:," -� � � ,,� :.;: '.. . -,' . . "?.'' • CX�� S�1.x�i� �A..�� CONSBNI'�OF ADJOINING PROPERTY OWNERS FOR A �ZEZONXNG 1Ve consent fo flic �pproval of fhis z•czoninb as it tivas expl�ined fo us by the npplicant or his(licr represent�five. �'��0 We, the undersigned, o�vncrs ofthc propcRywithin ]00 feet oFtl�c to�al contiguous description of real estate o�vned, purcliased, or sold by 7HE PETITIONLR tivithin one year preceding tlie date of this petition �ckno�vledoe that we have becn presented ��•ith thc fotto�ring: Acopyofthepetitionof 1�� l,' S 1 (name ofpctitioner) n � to rezone tl�e property located 2c 2��-� �, ��,�,� '-�--«,.�( from a (}1-� zoniaodis[rict to a Z" � zoningdistrict. � � 2. A copy of sections , G� � tlirouah 6U. , inclusive of die Saint Paul Zoning Code; 2nd nckno�vlcdge that we 1rc n�vara of flll of Ihe uses permitted in a Z`� zoning district and we are nware that any of these uses can be estaUlished upon City Co�mci! nppcoval oC tltiz rezoning. Ne heceby consent to tlie rczoning of the property in thc pctition oF, I)�. Z( U � yl_e �-Qy' 1 Y vS to a S � zoning district. (Name o petitioner) y h'OT�: Tfiis petition shall not be considered as officialiy filed until the lapse ot seyen �t) worxrng days after it is received by tlie Planning Division. Any signator of this petition may ��:thdravrhis(n°t name there&om by written request �vithin that time. ��c�cxTZON �o A��zvavz� OF PETTTIOI\ER STATE OF MINNESOTA) SS COUNTY OF RAMSEY ) � � Tl�e petitioner, � r',o7� o� P{r , being first dalp swom, deposes and states that the consent petition contains si� natures from at least rivo-thirds ( of all e]igible properties �vithin 100 feet of alI property o�vned, purchased, or sold by petitioner within one (1) year precedin� the date of this petition which is contiguous to the property described in the petition; petitioner is informed that the consent petition must contain si�nahires from each and all o�vners of jointty-o�vned properfy in order to cons[itute consent from that property and thaf failure to obtain consent from each and atf owners could invalidafe the consent pzfition; petitioner belie�•es that the conseat petition was signed by each of said oc��ners and that the signatures are t12e irue and correct sionatures of each and al! of the parties so described. �. ��fY�. �.Qi/y2o- YLCSi �, ��Ci � NAME 7/S /��on�a /�rc�� f�(�� SS`�-� ADDFtESS Subscribed and swor to before this �O day of , 19� ♦ � N ARY PUBLIC �a(z-S�10-g4�� TELEPHONE NUMBER MMnnn.Nnn^MM �,�.CYNTHIA M CARCS • °•';� Gj: NOiAqYp ��C•yINNESOTA � : �� ( WASHWGiON COUNTY �/ Cc:nmiss�cr, Ex,wes Jrn. 31. ?y70 •� .�-vw-.lv.v.v.VlyyyyvvVVV. 1'W x Pa;e of I/3i197 � �a-�3P' AFk'IDAV�T � OF PERSON CTRCULATI1�iG THE CONSENT PETITION STATE OF Mi�NESOTA) SS � � COUNTY OF RAMSEY ) S Co� �"r�T�j}� , being first duly swom, deposes and states that he/she is the person �vho circul ted the consent petition consisting of_ pages; that affiant represents that the parties described on the consent petition are al( the respective o«ners of the properties placed immediately before each name; that affiant is informed and believes that each of the parties described on the consent petition is an o��ner of the property �vhich is «ithin 100 feet of any property o�vned, purchaszd, or sold by petitioner �vithin one (1) yeaz precedin� the date of this petition which is contiguous to the property described in the petition; that none of the parties described in the consent petition has purchased or is purchasing propzrty from the petitioner that is contiguous to the property dzscribed on the consent petition �vithin one (1) year of the date of the petition; that this consent �vas si�ned by each of said o«�ners in the presence of this affiant, and that the signa[ures are the true and correct signatures of each and ali of the parties so described. �) ;�//�i y/�r� �� lv5 i� C�e�� I3ANIE Subsc�ibed and swo to before e this c�a day of �C'�f'Y! , 19 9'� 7/S� / ��a ��S'o r�/�� s ADDRESS � f212 C - S �O � TELEPHONE I�3UMBER ,,.,�,�,,.._,�..- , ,.w.� �.-; :.n..nnnnM�• � t�.GYNTki�AM.CARLSON ,. f'i-=,(''' NOTARYPU911C : � WASNiNGTONCOUN . },1yComm"ssio� x . ,,..,._-�'v`M^r ` G4�T.fis�(J/�( �� I�IO A Y PUBLIC Pga� of 1f31(97 ._....___--_�--- _ _--,-,-_�_�:._ -- - - S'�'Z'Z7'ZOI\ 'Z'O x2�G70I\� A.x�x'zp�.vz� or r��z�zoh�rz STATE OF MIT�TIvESOTA) COtNTY OF P�i�iS�I' ) SS Th� petitinner, �c.:-e— �T'}?R-r , bein� first dul}• swocr., deposes and states that lhe consent petition contains si�natures from at least hvo-thirds ( of all elioible properties ��'itliin 100 feet oFal! propert}� o��'ned, purchased, or soId by pztitioner ��•ithin one (1) 5•ear przczding the date of this p�ti[ion �ehich is conti�uous to ihe prop�rty� described in the peeicion; petitioner is informed that the consent petition must contain si�na[ures from each and all on•iters of jointl}'-oti�•ned prop erlp in order to constitute consent from that prop��ip and tha[ failure to oUtain consent from each 1nd 111 o«ners could in�•alidate ihe conseut p�tition; petitioner betict•es that th� consen[ petition �v�s si�ned by ezch of said o�eners sad that tiie signa[ures are the true �nd correct si�naturzs of each and afl ofthe parties so described. � L.J ��-��-�-�-� - rA E i 7/s' Fl�,-«��. /'� -� ADARESS c�Z- �ro—S�ny TELEPHO�iE I�U�'�BER Subscr�;.d and s��•or to beFore me this `C a�ynF , ��. p2o� of � 1131197 � Noi�R Eg�HUµ H Eo�r '. � My COMMISSfON EXPIR�S ��f' lANUAR�,,..- �,.,.,.,.,,,,.,�- �o -.��8' � \_J .ES.Fk'IDAVT."I' OF PERSON CIRCULATING TH� CONSENT P�TITIOI�I STATE OF MIt�71�iESOTA) COUNTY OF P�AMSEY ) �� 4. �� Y't r , bein� first duly sworn, deposes and states that helshe is tl�e person who circulated the consent petition consistin� of_ pages; that affiant represents that the parties described on the consent petition are all the respective o�Fners ofthe properties placed immediatel�• before each name; that affiant is inforn�ed and believes that each of the parties described on thz consent pctition is an o�vner of the property �vhich is ��ithin 100 feet ofzny property owned, purchased, or sold by petitioner �vithin one (1) year preceding the date of this petition �vhich is contiguous to the property described in flie petition; that nonz of the parties described in the consent petition has purchased or is purchasin; propeRy from the petitioner that is contiguous to thz property described on the consent petition within one (1) year of t?ie date of the petition; that this consent was si�ned by each of said o��ners in the przsence of this affiant, and that the signatures are the tnie and correct si�natures of each and alf of the parties so described. � C�a��----� NAME �/.� IL/a vi /n.c � ADDRESS //a�- �o - �f��Y 7ELEPHO\'E 1�'UMBER Subscribed and s��'org to before me this � �� da}' of ��ibZ./ I�TOT�Y 19� � JILI E. HUGHES # ` (' S NOSARYPUBUC MINNESOtA ` P2^Z QL � _ ` MY COhUAISSION EXPIRES 5 "�• lANUARY 31, 2000 _ E 1�1�� i ZONING PETITION SUF`F'ICIENC'Y CHECK SHEET _ REZON�i'G SCUP 2�CUP �IR3T SUBMITTED RESUB�fITTED DATEPETITIO�lSUB�fITI'ED: � " � DATEPETITIO;IRESUB�fI'fTED: II�� DATE OFFICIALLY RECEIVED: � � _ � � � PARCELS ELiGIBLE: � V/ . PARCELS REQUIRED: � DATE OFFICIALLY RECEIYED: I�� Z'� �"�J S P% PARCELS ELIGIBLE: ! � PARCELS REQUIRED: f � PARCELS SIGNED: � CHECKED BY: �""""��"""'- I DATE: �, o � - �. z�i�lNG F1LE E' ( PARCELS SIG\ED: 1� 3-5�' !L-Zu-yS � � DO -�3P' � r L � CI7IZEP1 PARTICIPATI DIS RI TS 1.SUNRAY-BATTLECREEK-HIGHWOOD 2.GREATER EAST SIDE 3.WEST SIDE 4.DAYTON'S BLUFf 5.PAYNE-PHALEN 6.NORTH END 7.THOMAS-DALE 8.SUMhtIT-UNIVERSITY 9.WEST SEVENTH lO.COMO HAMLINE-MIDWAY 12 T. ANTHOPlY MERRIAM PK.-LEXINGTON NAMLINE 14.GROUELAND-MFlCAtESTER 15.HIGHLAPID 16.SUt1MIT HILL 17. DO'f1NT0'�IP� CITIZEN PARTICIPATION PLANNING DISTRICTS � �.J � 57. APITHOPIY 'AO IOC4 2C!'0 _ S �0 4: qJ � �ISTRICT 12 O sU� ,� �R �� • �-, ., v \ �'O�_ - ,' �� ,�" ',� , ' �" �, � � cn , �-i . � /•� ,� i ,i i , � ` � O o � Y . , . � . , . � Uy , � , ��i �, .. - � '9 Sj _ ' � L , �; _ , , � 1 Q� o:� - v F' � � .� o � �� ' o � �- � � ; � v �-/�-� ---- ELLIS - �f ��- -- � � ` --; i 1� i O .4 Q i � � j ) } /�� I n ' + � .� �� 6 i � �/� \ _� _� `) � -� _' .� L O 4 � �/ / ___ �� _'_ 6 _ L _ � 143_ O O A --7 I i I /. / � I i I I � Q 4 6 � ' ' ' I ` ' � W O i n � I I I 4 �" � / � oR � O � � ��1 ♦ . Y.` i 6 � / / � `C ' i / . . � t ' F � � /.� •�� / � � 1• � ` � ` �/ f � • �� • • � . , �� . � � � r � � �� i � , � �� / . ,�� . , • ., ^ ,' � � C ' �`,� � ;' ��/ � � � � ��t � ,! , � � (� ' z � �'� l � p� �, '�; . �\� �� S �� t � � `; r'� � �� S. � �� ♦ �. \�/ � � ♦ e , � ::::::...:.....;..:. ♦ , � �� ` � � . • . �J P �,:�..:`_\.,: _ . . , � , ._, , — `./ 4 � Z � _ �� — i / �� p _—L d / } , • )— l � � � � O ♦ � / Q� � . � . � , --- � � / � I - ".��. ��= � �'= �_--- - � - - -- - - , 'U ;AF:T ' _ � LEGS�;D � �Z �R-PM : � (�• . 3 "}'�: Z'�1 ------ zon:.i� d�sUicl tu U��2'y' J�?�j�� ~� /� , ,, ; -;�-� �z.2�-9� r� 5��5;:�p�� ;, �� ,,� F�IL"c, _ � i �t�TE — , � 2i o � o on. 1=_mii� .. � co�:-i.:� ; Plt��. D;�T �,fA. r ,. . o�r,, ¢ r.�:o Iz;nity o.� < In.,u>< <= � cLr..r........-r"" c-� i. - - n r-� , � � r � --� � i �% �' � _ � � �� 5� Qo-33d' • DR. HERMAN IRVING TRUST (TRUS"I� — PETITION TO REZONE The Trust (Scott Cooper) is the petitioner. Should go first, after staff report. Seek rezoning from RM-3 (multiple room residential} to I-1 (industrial). Consent zoning. Decision of Zoning Committee: 6-0 - deny the rezoning. Planuiug Commission: nnan;mous - deny the rezoning. Motion to deny the re-zoning, and to adopt the findings and conclusions of the pianning commission as contained in its Resolution 00-10�, January 28, 2000. �a i to appr the re-zon g, in at ... (state a s nable ba 's a to 1) why this r oning is,an the pu ic intere and w lfaze and/or 2) w this re ning is in accord ce wi the com e nsive plan. • • r-� 1�� t� r�� i � �� pa -33�' St. Anthony Park Community Councit �f�� C �ty� ��J February 17, 2000 James Z,don, Ciry Pianaer Planning and Economic Development 25 W. Foutth S�eet S� Paul, MN 55102 RE: File #99-179-377 James: The St. A�hony Pazk Cvmmvoity Coimcil opposes the proposed rezouiug of 2336 Territorial Road from RM-3 w I 1. To imde�and the impoztance of the curr�t zoning w South Sk Anthony Park resdeots, it is nece,asazy to look back to the ]ate 1960s aod �rly 1970s. The area was thea kaowa as Yhe West NFidvuay-Swth St. Authony Park Projed Area, an azra d�goated by the city ss an �n r�ewal Project uadet the Federal neighborhood Developmeoi Progam. The area east of Raymond Aveaue andnorth a�'TetritoriaI Road was a�xture of detetiorated ho"� and iadustry. After much studY, it was dete.nmined ihat most of the hwsing was in too poor of shape to rehabilitate. Almost all afthe he�usngwas acq�riredaod demolished, alamgwiththe indust�ytbat had eacroached upoa the resid�ial neighborhood. FoIlowing this, the Ha�dea Square apartments, the Seai Street ffig�Rise, and the St. Aathony Greea towa hom�es vrere birilt. All of these houang wits were targecedfor people witfi lowto moderate iaoome, with the St. Anthony Grcen pmviding ownetship oppofimities for dris income group. As pazt ofthis reiewat activity, a bo�mdazY betwcen industrial use and housing was established The southem botmdary was C�ades Stceex. Maintaimng this botmdary widi industiial uses was a key goal a�'the West 1N"idwap-Soirth St. Arnhomy Park Praject Atea Commitcee, the predecessor to the St. Anth�y Pazk Commimity Crnmc91. 'Ihis Co�cii ca�nues to recognize that U�e viability of the radier small Swrth S� Antha�ny resid�2ia1 neighkwrhood depmds a�n the belief tl�at the borders of the residmtial neighboihood iuitl nat be a]lovued to erode. The pazce2 nmder curr�t xeview is oa the sourhwest comea c�Terriwrial Road and Carletaa Street, nocth of C6ades Stcet. It is directly actoss Tacitoriai Road from the St A�hony C,reen towa homes. These towa homes aze already ac}jacaot to au mdustrial mne to the east, smce the boimdazy betweea iadusuial and reside�ial nms n ther eastem edge. ff ihe change bein8 cwnsidered w�ere atlowed, there wnuld be indusuial uses on two sides ofthese town homes. We believe thai this �ange of uae is inappropriate aad couId have a aep�tive ia�act on the adjacent town homes. Therehas beea too much investec� and the nced for moderate-income ho is too imPoitant, to allow this to hsippen. 890 Gromwel{ Aveiwe, SaMt P�yt, Minuesop 55174 :• 651/649-5992 voice v 651/649-5993 fax �..�. 00 -33p' 7n 1992, the City Coimcil adopted the South St. A�hony Pazk SmaII Area PI� T1ris plaa looked at the azea al�g Raymand aad Umversity Aveaues, i�ludin8 � Pazoel tmder oomsideratio�. T� P�y Putpose of the study was to look at vris�ng l�d uae and z�ing and to determine if � m�ming or laud use plans aze appaopiiate- The study st�ge�ed, and the City adoQted, a c�ange m zc�ingfor the bdock sowh of this PraP�Y ��dus�iai to busimess. The study cfid ��md a ch�ge to the zoniag ofihis pmpeaty. We do not bdieve that anything has ehanged rl�at would ms�ilt � such a recomm�dati� today- la fact, the I7niversiry �d Raymond Aveoues arna has be� identified u a pot�tiat p7ace for new mixe3 commercaI and reside�ial d�cpm�tmthereceoi Cityl�grangeplan. Allowing a d�ange to industria! zoaing at tlus site is not justified. �t �till not b�efit the � n�P�� aos the cty as a whole. It wouid instead be a step backwud, awdy &om tfie visioa of dtis area �at has bad so mudi effort �d investmeat over the past 30 Years- We '� � Y� ielect this paition and rdaia the aur� yooing. ��Y> J �(�} c tY�,��lQ(1-1 �16 )✓ � �a1S011 F.XOq�IVC 1�17CdDI CC: C01IDC11 PfCStf� Dffi BOStr'OIR COImQlIDBID� J8Y $Ea241V Crnmalmember Jary �akey Camcilmember Katfiy IaotrY Cwmca'tmembe,r Pat �iasis Caimc�memba rim Reiter Co�mcilmember Quis Coletnan Fnr} Ixaa fi�om �ia�o� �.EKCf fIOID �It1CtII1 P• �uui: u�y +' Oo -33P' F��azy i �, Z000 zo� co�„n;tt� CITI' OF SATNT PqUL Plauning & Economic Development I400 City Hall Aat�ex 25 W. Fovt�h Sueet Saint Patil, � 55102-1634 RE: File #99-179-37� Public Heaziag Dr. Irving Hrnnan Tcust To W1wm It May Concem: Since I am unable to attend the pubiic hearing schcduled for Wed. Feb, 23, 2000, aLf30 p.m., I am writiag to express my concems rcgardiag the possible rezoning of 2336 Territoria! Road 5rom RM-3 to I-I. I am in sv�ong opposition co rezoning this pmperty for industrial use and highly recommend t6at it remain a residentiai zone. As you we11 tmow, scveral townhoases are Iceaud dimct2y across &om this addmss. Iacnased volume from huck �c, causing yoth air and aoise popution, not to mention safety concerns givq� the high speeds that dm,cr� �t�� j �t stretch of road, already negatively impact the residential environment and 9uai�ty of life as it is now. Re- aoning this aiw to indusvia] v,�q �t �yeviau these probietns and in att liketihood will make t6em worse for those of us living ia tbis neighborhood. Autobody tepair r�nd body work emits toxic paint fvmes imo tlie air which u deRimental to tbe heatth and safety of not otily the occupanu of the townhomes, but also ro the many elderly residents of the highrise just down the sheet. FinanciallY, sociallY and healthwise it is in our besc inkrests to proi�ct our residential neighborlwod {rom fiuther industriaGyaaon. I�ani� Yau ia advance for giving cazefiil attendon and eonsidecarion to the issues brottght forth regruding opposition to this proposed change by those of us who wi7l be directiy affected by your decision. Siaeerely, GC.C�cs/ � lulie A. Ellingson TO: St. Pau( PEQ Go James Zdon 651.228.3220 FROM� C. I. Mannheim 82H 5eai Street St. Paul, MN 55114 612.348.3$31 DATE: January 14, 2000 RE: 99-176350 Z33� Te s�r r-�-v n aL SET FOR: January 20, 2000 00 -�3P' Please accept the following statement in lieu of a personal presentation at ihe referenced hearing: I reside near the property" located property. subject property and, more significantly, am an owner of "common directly across the street and within a 300-fooi radius of the subject For a variery of heafth, aesthetic and quality-of-life reasons, it is crucial, on general principle, to buffer residential communities. such as ours, from heavy-use industria! and commercia! activity such as that encompassed in an I-1 zoning designation. On a more specific note, it should be noted that the applicant has already established a significant measure of bad will in this community by engaging in legally proscribed and noxious uses af the subject property �ur immediate community has been ptagued with periodic episodes of noxiaus odors apparently caused by the nearby use and/or release of sotvents. While City personnet (e.g. d Reter Kishe}, 266-9133) have not (yei) spec�cally finked this complaint to the subjeef property, it is exaGtly the type of unacceptable encroachment that can be anticipated with the zening change requested by the applicant. I am therefo�e strenuously advocating for a deniai of their appeal to rezone the subject property to an I-t class�cation. `� � i � ��G�- �—,{-�' '�� cc: St. Anthony Greens, Board of Qirectors. Go Omega Management, 612.544-2613 District i2 Community Council, 651.648-5993 TDTRL P.01 OR1GI�fAL Green Sheet # �O�yQ` 2 4 5 6 7 8 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 Presented By council File # �� 33� Resolution # RESOLUTION CITY OF SAtNT PAUL, MINNESOTA Referred To '� Committee: Date �� WHEREAS, under the provisions of Saint Paul Legislative Code § 66.409 and Miim. Stat. § 462.357, Dr. Irving Herman Trust (File 99-179-377) petitioned to rezone property commonly known as 2336 Territorial Road, Saint Paul, Minnesota from RM-3 to I-1 for the purpose of pemutting reuse of the property to allow auto body and auto repair. The said petition was certified by the planning division on December 20, 1999 as having been consented to by at least two-thirds of the owners of the area of the property to be rezoned, and further having been consented to by at least 67% of the owners of the properties situated witkrin 100 feet of the total contiguous property within one yeaz preceding the date of the petition; and 'WHEREA5, on 7anuary 20, 2000, the zoning committee of the Saint Paul Planning Commission conducted a pubiic hearing for the purpose of considering the rezoning petition pursuant to the requirements of Saint Paul Legislative Code § 64.300 and Administrative Code § 107.03. All persons present were given an opportunity to be heard. At the conclusion of the hearing, the zoning committee moved to deny the petition and submitted its recommendation to the Saint Paul Planning Commission; and WHEREAS, the Saint Paul Planning Commission considered the rezoning petition at its meeting held on January 28, 2000. The Plamiing Commission recommended to the City Council that the petition be denied for the following reasons: 1. The applicant owns a legally-nonconfornung industrial warehouse facility which they lease to a business that purchases automobiles at auctions, does necessary repairs, body work, detailing work and then sells them to other dealers or individual buyers. On October 12, 1999 the current tenant was issued a misdemeanor citation for conducting auto repair and auto body work without a license. Subsequent to the Planning Commission's !2J3199 deniai of a change in nonconfomung use application that would have allowed auto repair and auto body uses, the applicant wishes to rezone the property from RM-3 to I-1 so that his cunent tenant may conduct the same auto repair and auto body uses. The tenant"s operation is entirely enclosed with fifteen to eighteen cars on the premises at any given time. The interior space is prunarily used for various stages of service, repair, auto body work. There is no designated sales showroom. Auto painting work is contracted out to off premise sites. The workforce consists of 3-4 full-time employees who perform detailing work and 3 independent contractors who aze used as needed for auto repair and auto body work. Perpendicular parking for 15 cars is auailable in the public right of way on the south and east sides of the building. No signage is associated with the current business. Hours of operation are from 8:30-7:OQ, Monday through Friday, and 830-5:00 on Saturday. 2. The rezoning is not consistent with the comprehensive plan. The 1992 South St. Anthony Park Small Area Plan, while recommending the rezoning of properiy in the blocks immediately west and south of the property from industrial to commercial zoning, specifically kept this property zoned as RM-3. 40 41 42 43 44 45 46 47 48 49 50 51 00 -��t 3. The rezoning is not compatible with the way the area has developed and will have an adverse impact. Since the adoption of the small area plan in 1992 the general development direction has been to restrict industrial uses to an area east of Cazleton. West of Carleton, the general development pattem has been the promotion of commercial and residential uses. Immediately north of the property is a new town house project an RM-2 zone. To the immediate west and adjacent to the property is a distributing company in a B-3 zone. To rezone this property to industrial uses would be to reverse the development land use pattem that has been occi.uring within this neighborhood over the last decade. 4. The applicant submitted a sufficient petition of two-thirds of the properiy owners within one hundred (100) feet of the property stating support for the rezoning (16 parcels eligible, 11 parcels required, and 11 pazcels signed). 52 53 WHEREAS, notice of public hearing before the Council of the City of Saint Paul concerning the said 54 rezoning petition was duly published in the official newspaper of the City on February 4, 2000, and notices 55 were mailed to each owner of affected property and property situated wholly or partly within 350 feet of the 56 property sought to be rezoned; and 57 58 59 60 61 62 63 64 65 66 67 68 69 70 WHEREAS, a public hearing before the City Council having been conducted on February 23, 2000, where all interested parties were heard, the Council having considered all the facts and recommendations concerning the petition resolved to deny the application to rezone the subject property and in doing so moved to adopt as its own the findings of the Saint Paul Planning Commission as stated herein; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does hereby deny the application ofDr. Irving Herman Trust to rezone property at 2336 Territorial, more particulazly described as (see file) from a RM-3 zoning classification to a I-1 zoning classification for the general reason that the application is not consistent with the comprehensive plan for the City and for the reasons articulated by the Saint Paul Planning Comtnission which are incorporated herein by reference and adopted by the Council of the City of 5aint Paul as its own; ANA, BE IT, FTJRTHER RESOLVED, that a copy ofthis resolution shall be sent to the applicants, the Planning Administrator, the Zoning Administrator, and the Saint Paul Planning Commission. Adopted by Council: Date 6 OD Adoption Certified by Council Secretary By: Approved by By: Requested by Department of: Plannincx & Economic Development �� By: � Form Approved b City Attorney By: � �" �_ Approved by Mayor £or Submission to Council ��/��'0�"U� By : �- � PED w�sT �a� Maz�h zi, z000 GREEN SHEET fACT PERSON 8 PFiONE � James Zdon 266-6559 � �� 00 -33� No 10649i . � oeM,�rowma. anea.ra_ \GH�IIN BY (OA7E7 4/5/00 �� ,roe� /etr�lvirn�r �ory«� aourwc �� ❑ A4MGL�i1NICii� ❑ RiWMLliMIlCCi6 � w��.,�.� 3-as� � TM Mp. TOTAL � OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) City Council adoption of resolution denying petition to remne property at 2336 Territorial Road from Rm-3 to I-1. PIANNtNG COMMISSION CIB COMMITfEE CNIL SERVICE COMMISSION Owner of property had initiated a rezoning petition. Property will remaiii zoned as RM-3 IF PPPROV W �.�: �� Properiy will be rezoned as I-1. SOURCE INFORMATION (IXPWln � rlas thie ceis«�r�n everMakea u�ae. a eanhaa r« u�is departmer�la YES NO Flas this P�rm ewr Dcen a eily emWoYee9 YE3 NO Doec tfiis pereoNfiim poesecs a cidll not normallypoasesaetl by airy curteM cily empbyse? VES NO Is Ihin peteailBrm a taryetad vendoY7 . YES NO oiain ea vec amxeis on aeoarate sheet and attaeh m areen sheet �`�� =.a��.:��: �AR 2 � 20Q6 � COSTrttEVENUE BUDOETED (CIRCLE ON� VEf NO IICTNRY NUMBER . ��2Y�� P° o�;'3#@i / DEPARTMENT OFPLANNING & ECONOMIC DEVELOPMENT J� (,�TY OF SAIN7' PALJL Norm Co2eman, Mayor Dlmsion ofPlammng 25 WestFwnh Street Smnt Pass� MN55102 Tetephone: 612-266b565 Facsimrle: 612-228-3314 January 31, 2000 Ms. Nancy Anderson Ciry Council Reseazch Office Room 310 City Hall Saint Paui, Minnesota 55102 Dear Ms. Anderson: I would like to confirm that a public hearing before the City Council is scheduled for Wednesday February 23, 2000, for the purpose of rezoning properiy at 2336 Territorlal Road from RM-3 to I-1 to allow an auto sales, auto body and auto repair shop. Applicant: Dr. Irving Herman Trust File Number; #99-179-377 Purpose: Rezo nil1a ofproperty from RM-3 to I-1. Address: 2336 Territorial Road, SW corner Temtorial and Carlton. Legal Description See file. ofProperiy: Previous Action: Plarn�ing Commission Recommendation: Denial, Vote: Unaznmous, January 28, 2000. Zo nino Conunittee Recommendation: Denial, vote: 5-0, January 20, 2000. My understanding is that this public hearing request will appear on the agenda for the February 23, 2000 City Council meeting and you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6559 if you have anq questions. S cerely, 7ames n y � City anner cc: File #99-179-377 Paul Dubruiel Cazol Martineau � •mLSeizox• - 4 3ROTICE OFPUBidC-3�ARIIRG 'Rie Saint Paul City Council will conduct a publie hearing on Wednesday, Febn�azy 23, 2000, at 5:30 p.m. in the City Coimcil Chambers„ Third Floor, City Hall, �to consider the applfcation- of Dr. Irving Hetman Trust to rezone�property at 2336 Territorial Road fr'om RM-3.to I-1 W ailow an auto sales, auto body and auto repair ��: Datecl: February 2, 2000 � NANCYANDERSON . ..- . . tlssistaitt IXty CovnctlSeccetary ' _ � . lFeb.4� . �ST.�PAfII.IE�Li.FAGffit �. �°u��"�''� ",.,t... �.,� ��<-��L� � �. r° �. � �:= � A r � ,r- �;:' `�..�' � �`�v i, DEPARTMENT OF PLA�"�I\G & ECO\OVtIC DEVELOPY[EST Oo -33$ SAINT PAUL � AAAA � CITY OF SAINT PAUL Norm Coleman, Mayor February 11, 2000 Ms. Nancy Anderson Secretary to the Ciry Council Room 310 City Hall Saint Paul, Minnesota �5102 Divtsion ofP7anning 25 Weat FouKh Street SalxtPaul, MN55102 Teiephorte: 612-26G6565 Facstmile: 612-128-3314 RE: Zoning File #99-179-377 Dr. Irving Herman Trust Ciry Council Hearing: February 23, 200Q 5:30 p.m. to 6:30 p.m., City Council Chambers PURPOSE: Rezoning properry at 2336 Tenitorial Road from RM-3 to I-1 to allow an auto sales, auto body and auto repair shop. PLANNING COMMISSION 1/28100 RECOMMENDATION: Denial, Unanunous. ZONING COMMITTEE ll20/00 RECOMMENDATION: Denial, vote: 6-0. STAFF RECOMMENDATION: Denial. SUPPORT None. OPPOSITION: The St Anthony Communiry Council opposed the rezoning.. Dear Ms. Anderson: This rezoning is scheduled to be heard by the City Council on February 23, 2000. Please notify me if any member of the Ciry Council wishes to have slides of the property presented at the public hearing. Sincerely, ! � i -.,'i r:�r.�p;..�L ,� C�c' 1 James Zdon� Ciry Planner cc City Council members � city of saint paul planning commission resolution file number oo-�o date 2a z000 WHEREAS, Dr. Irving Fierman Trust (File 99-179-377) has applied to the Planning Commission to rezone property at 2336 Territorial Road from RM-3 to I-1 to allow auto body and auto repair, the property legally described as (see file); and WFIEREAS, the Zoning Committee of the Planning Commission on O1/20/00 held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 6a.300 of the Saint Pau1 Legislative Code; and WHExEAS, Saint Pau1 Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. The applicant owns a legally-nonconforming industrial warehouse facility which they lease to a husiness that purchases automobiles at auctions, does necessary repairs, body work, detailing work and then sells them to other dealers or individual buyers. On October 12, 1999 the current tenant was issued a misdemeanor citation for conducting auto repair and auto body work without a license. Subseguent to the Planning Commission's !2/3/99 denial of a change in nonconforming use application that would have allowed auto repair and auto body uses, the applicant wishes to rezone the property from P.M-3 to S-1 so that his current tenant may conduct the same auto repair and anto body uses. The tenant"s operation is entirely enclosed with fifteen to eighteen cars on the premises at any given time. The interior space is primarily used for various stages oi service, repair, auto body work. There is no designated sales showroom. Auto paintirg coork is contracted out to off premise sites. The workforce consists of 3-4 fu11-time employees who pezform detailing work and 3 independent contractors who are used as needed for auto repair and auto body work. Perpendicular parking for 15 cars is available in the public right of way on the south and east sides of the building. No signage is associated with the current business. Hours of operztion are from 8:30-7:00, Monday through Friday, and 8:30- 5:00 on Saturday. moved by_ seconded by Gervais in favor Unanimous � � against � a�-�3� � 2. The rezoning is rot consistent cvith the comprehersive olan. The 1992 South St. Anthony Pask Small Area Plan, while recommending the rezoning of property in the blocks immediately west a.d south of the property from industrial to commercial zoning, specifically kepC this property zoned as RM-3. 3_ The rezoning is not compatible with the way the area has developed and will have an adverse impact. Since the adoption o° the sma11 area plan in 1992 the general development direction has been to restrict industrial uses to an area east of Carleton. West of Carleton, the general development pattern has been the gromotion of commercial and residential uses. Immediately north of the property is a new town house project an RM-2 zone. To the immediaCe west and adjacent to the property is a distributing company in a B-3 zone. To rezone this property to industrial uses would be to zeverse the development land use pattern that has been occurring within Chis neighborhood over the last decade. 4. The applicant submitted a sufficient petition of two-thirds of the property ownexs within one hundred (100) feet of the property stating support for the re2oning (16 parcels eligible, 11 parcels required, and 11 parcels signed). Therefore, Be St Resolved, based on findings 2 and 3, the Planning Commission � recommends to the Saint Pau1 City Council denial of the application to rezone property at 2336 Territorial Road from RM-3 to I-1. LJ MINUTES OF THE ZONING COMMfTTEE Thursday, January 20, 2000 - 3:30 p.m. City Council Chambers, 3' Floor City Hall and Court House 15 West Keltogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Field, Gervais, Gordon, Kramer, Morton, and Nowlin Faricy Peter Warner Carol Martineau, Allan Torstenson, James Zdon of PED The meeting was chaired by Commissioner Fieid. Dr. Irving Herman Trust - 99-179-377- Rezoning from RM-3 to I-1 for an auto sales, auto body and auto repair shop. 2336 Territoriai Road, SW corner Territoriat and Carleton. James Zdon showed slides and presented the staff report. Mr. Zdon stated 3 letters of opposition to the rezoning were received. Mr. Zdon also stated the Zoning Staff is recommending deniaf to the rezoning. At the enquiry of Commissioner Gordon, Mr. Zdon stated that a B-3 rezoning would suffice, and if the appiicant applied for a B-3, the Zoning Staff would recommended approval. Mr. Scott Cooper, owner of 2336 Territorial Road, appeared and stated they applied for an i-1 because the previous tenant was an I-1 manufacturing company. At the question of Commissioner Gordon, Mr. Cooper stated the present business is doing auto detailing and sales as per their originai Nonconforming Use Permit. Mr. Sherman Eagles, Co-Chair of St. Anthony Park Community Council, appeared and stafed the St. Anthony Park Community Councit opposes the proposed rezoning. Mr. Eagles also expiained in 1970 fhis area was designated by the City as a urban renewal project under the Federal Neighborhood Development Program, and most ot the housing was acquired and razed along with the encroaching industrial industry. The Hampton Square Apartments, Seal Street High-rise, and the St. Anthony Green Townhouses were built for people with low to moderate income. A boundary between industrial use and housi�g was established around St. Anthony and maintaining that boundary is important. If the rezoning is approved there would be industrial uses on 2 sides of the town-home development which is inappropriate, and would have a negative impact on the adjacent town-homes. The St. Anthony Small Area Pian adopted in 1992 by tfie City Councif rezoned the property south of this business from I-1 fo B-3. The study did not recommend a change in the zoning of this property, and circumstances haven't changed to allocate an I-1 rezoning. Upon the question of Commissioner Gordon, Mr. Eagles stated they haven't taken a position on B-3 zoning, it has not been proposed. There would be some concern about the owner appiying for a Nonconforming Use Permit allowing for industrial activities with a B-3 zoning. � � Mr. Robert Straughn, Member of St. Anthony Community Council, appeared and reiterated the � rezoning of this site wouid be a step backwards. i Zoning Committee Minutes January 21, 2000 File #: 99-179-377 Page 2 �� J J` Mr. Scott Cooper reappeared and stated there is not enough land to accompiish anything under the RM-3 zoning so they would have to appiy for a nonconforming use permit. Commissioner Gordon moved approval for the staff recommendation to deny the rezoning from RM-2 to I-1. Commissioner Kramer seconded it. Commissioner Gordon stated a B-3 rezoning would be appropriate if the applicant would like to apply for this type of rezoning. Commissioner Nowlin would afso support a B3 rezoning. Adopted Yeas - 6 Drafted by: � Lr:�-�t��i��,1lL�pf Carol Martineau Recording Secretary Nays - 0 Submitted by: � : / ,' I!;�� J}- -��71 James Zdon � Zoning Se�jion Approved by: Litton Field Chair � 20 January 2000 Testimony to the Zoning Committee pertaining to a petition to rezone 2336 Temtorial Road Sherman Eagles 980 Hampden Ave $t Paul 55114 Co-chair, St. Anthony Park Community Councd The SAPCC opposes the proposed rezoning of 2336 Territoriai Itoad from RM-3 to I-L I would tike to e�cplain why we believe that this proposed change should be denied. � To understand the importance of the currern zoning to South St. Anthony residents, it is necessary to look back to the late 1960s and early 1970s. The area was Imown then as the West Midway - South St. Anthony Park Project Area, an uea desigaated by the city as an urban renewal project under the £ederal Neighborhood Developmerit Progrmn. The area east of Raymond Avenue and north of Temtorial Road was a nvsture of deteriorated housing and industry. After much study, it was detemuned that most of the housing was in too poor shape to rehabilitate. Almost all of the housing was acquired and demolished, aloa� witii ti�e-industry that had encroached upon the residential neighborhood. FoIlowmg this, the-Hampden 8q�are apartments, the Seal Street T-Ii-rise and the St. Anthony Green townhouses were-bnik. frli ofthese kousuzg units were targeted for people with low to moderate income, with S�t1nd}exy-C3reen previding ownership oggert�ities for this inwme group. As part of this renewa� activity, a Uaundary-between industrial use and housing was established. The southem bonndary was C�arles �treet. Maintaining fliis-bouadary with industriai uses was a key goal of the West Nfidway — Soutir StAnthony Fark Project Area Committee, the predecessor to the St Amhocty�aFlc-C�nu�rity-C-eancil. The SAPC�-eoatiarzes to recognize that the viabiliry of the ratker sma}i-Soutir-St Anikanq residential neighbor�oo� depends on the belief that the borders of the residential neighborhood will not be allowed to erode. � T'he parcel currendy nnder review is on the-sonthvrest coraervf?'erriYorial Road and Earleton street, north of Charles. It is directly across 3'erriterial Roa� frani tlie St. Anthony C�een town homes. These town homes already are adjacent to aa industrial zone to the east, since the boundary between ittdustrial and residentiai mns ostheir-eastem Ifthe changebamg considered were allowed, there wouId�eutdnstrial usesoa two-sidzs ofthese tocva homes: �e beiieve that this chauge of use is inappropr-iafe an�esxld �noez.==��ative impacfs��jae�at - town homes. There has been too much�v�ested, and the need for moderate inwme housing is too important, to ailow this to happen. __ ' In 1992, the City Council adopted the Soutlr St. Ant�xany �ark SmaH Area Plan. This p�an looked at the area along Rayxnond and University, including4he parcel in question. The primary purpose of the study was to look at e�sting land use and zoning and to determine if changes in zoning or land use plans are appropriate. The study suggested, and the city adopted, a change in zoning for the block south of this property from industrial to business. The study did not recomme� a change to the zoning of ihe this property. We do not bekeve that anything has changed that would result in such a recommendation talay. In fact, the University and Raymond area has been idenUfied as a potetrtial place for new mixed wmmercial and residential development in the recent city long range plan. Allowing a change to industrial zoning at this site is not justified. It will not benefit the sunounding neighborhood, nor the city as a whole. It would instead be a step backward, away from the vision of this area that has had so much effort and investment over the past 30 years. We ur�e that you reject this petition and retain the current zoning. � O1/15/00 18:39 FAX 612 871 7212 ARCHITECTURAL ALLI.SNCE � 002/003 �j�-17� � �� 7anuaz� 13, 20�0 SAL^IT ANTHONY GREENS TOWNHO� ASSOCIATION C'� -33�' James :Zdon City oE'SaintPaul Depar�meat of Planning and Economic Development 1400 Ciry Hall Annex 25 We;>t Fourth Street Saint Faul, Ivi�i I 5 S 102-1634 Re: File#99-179-377 Rezon ing from RM-3 to I-1 for an auto sales, auto 6ody and auto repair shop Dear h4r. Zdon, The Saint Anthony Greens Townhome Association is a group of 40 townhouses located directly acsoss Territorial Aoad from 2236 Territorial Road, the location of the Walor EnterQrises building. We vi�;orousiy opgose this proposed rezoning and strongly encourage the CiTy of Saint Paul deny it. Rezoriing this property from RM-3 to I-1, would go against the intent of the Saint Paul Zoning Code as we{t as the goals of tkte Saint Paul Comprehensive Plaa. Support of the development of business is alwsrys important, and it is especially important at this time to the City of Saint Pau1, but any develepment must be compatible with the current forward direction of the Planning Commission a¢d the City of Saint Pau1 to improve our City and make it more livable. The list of Principal Uses in an Industrial District is long and concentrates on manufacturing and other industrial activities that are completely incompatible with the neighboring residential development, including the Seal High Rise. By rezoning to an IndusVial District, the permanent change to allow this wide range of industrial activity that would increase levels of traffic, noise, pollution in a neighborhood that has a mixtw•e of uses with a strong residential flavor. The f��llowing (in italics) are excerpts from The Sainr Pau! Comprehensive Plan with our comments: Business developn:ent and housing concerns recognize that rieither wilt be at its best unless both grow in an inlegrated and cor>iplementnry fashion. Tl�e proposed rezoning would go backwards a�vay from this goal of the City: YI� e[the City of Saint Paul] have learned that sustainable success requires places designed to srrve the conamuniryjunctionally, aesthetically and socially. Qualily of place for Saint Paul means: • Neighbarhoods that attract people and make them want to stay; . ttttractive housing that meets a wide variety ojneeds, • Business dish^iets that irivite walkrng, promote community interaction arsd are safe, • Strong, posi[ive visa+al interest for pedestrians, bikers, walkers and riders; . Visual and ahysical connection to the city's natzn•al base of land, waler and clean air, and • Indushy that blends harmoniously ivrth its urban neighbors. Ftezoning from RM-3 to I-1 would be contrary to each of these statements. o vzsioo ia: as F�a siz s �zi2 axcx iTECTUxaL aLLZ�:vcE �IUU31UU5 SAINT A(YTHONY GREENS TOWNHOME ASSOCIATION Januar�� 13, 2000 Re: Fi.le #99-179-377 Lu'ensive Use of Industria[ Land.. Office uses may offer greater potentia! than indush'ial developnrent a[ some previazrsly-industrio! sites. Im'egrated Neighbar&aod Improventent. Development of any major lar:d area for business and inciustrial use should be regarded as an opporiuniry for iniprovement of the larger neighborhood of' which it is a part. C«nrtnunity Deve[npment Wuh a broad cammtmiry partnership, Saint Paul cmx continue to szrj�porf the Con:munity Development Agenda initiatives: An Even Better Place to Raise CF,�ildren, No Truce With Poverty, High Qua[ity City Living and Effective Civic Collaboraiion. The puoposed rezoning is in duect opposition to the iniriatives supported by the Saint Paul Planning Commission and the City of Saint Paul. It has been identiFied by the City that devetopment must suppott the maximum community benefit — this rezoning would be a major step backwazds. The ne:ighborhood includes our 40 townhouses, which includes a tot of children, and the Seal High Rise, tvhich has a high population of elderly residents. While our townhouse association is near a existu-�g Industriai District, the curcent zoning wisely provides a buffer to both the Seal High Rise and t}ie Saint Anthony Greens Townhomes — this proposed rezoning would put Industtial District directly across the street. We aze concemed not on[y with the proximiTy of the auto repair faciIity to our re:>idents but to future potential uses that an I-1 District would allow. Rezoning this properiy to an I-1 District would be detrimental to our tteighborhood. The proposed rezoning must be denied. Sincerely, ��"�� .tr.� Thomas HyselV Presi�3ent, Boazd of trectors Saint Anthony Greens Townhome Association S18 `ieaJ Street Saint Paul, MN 55114-1259 652-t:47-0�55 (home) 651-f�47-0755 (fax) 612-F;74-4191 (work) 612-f�71-7212 (work fax) thyse;ll@archalliance.com (e-mail} c: City Councilmember Benanav fas (651) 266-8574 � � � Page 2 JRN-14-2e�0 ��41 HtNNtN1N U 7 �UUKI � TO: St. Paul PED cfo James Zdon 651.228.3220 FROM: C. 1. Mannheim 828 Sea1 Street St. Paul, MN 55114 692.348.3831 DATE: January 14, 2000 RE: 99-178-350 SET FOR: January 20, 2000 O1G J4G JY�G r.ui��_ �y- ,��- � �� ao .3�r Please accept the following statement in lieu of a personal presentation at the referenced hearing: I reside near the subject property and, more significantly, am an owner of "common property" located directly across the street and within a 300-foot radius of the subject property. For a variety of health, assthetic and qual+ty-af-life reasons, it is cruciai, on general � principle, to buffer residential communities, such as ours, from heavy-use industrial and commercial activity such as that encompassed in an I-1 zoning designation. � On a more specific note, it should be noted that the applicant has aiready estabiished a significant measure of bad wifl in this community by engaging in IegaUy proscribed and noxious uses of the sub}ect property. Our immediate community has been piagued with periodic episodes of noxious odors apparently caused by the nearby use and/or reiease of solvents. While City personnel (e.g. cf Peter Kishel, 266-9133) have not (yet) specifically (inked this complaint to the subject properfy, it is exactly the type of unacceptable encroachment that can be anticipated with the zoning change requested by the applicant. I am therefore strenuously advocating for a denial of their appeal to rezone the subject property to an I-1 classification. � Z � `�//� �7�� cc: St. Anthony Greens, Board of Directors, c/o Omega Management, 612.544-2613 District 12 Community Council, 651.649-5993 TOTAL P.B1 Y�� ,�� -� �� January 10, 2000 City of St.Paul Department of Planning Zoning Committee 1400 City Hall Annex 25 West Fourth St St.Paui, MN 55102-1634 File# 99-179-377 and Economzc Development Dear Members of Zoning Committee; I wouid liice io register my strong objection to the application for rezoning from RM-3 to I-1 made by Dr. Irving Hermaa Trust owner of the Valor Enterprises, Inc.. The owners of the Valor Enterprises Inc. try to change existing classification to allow them to operate body and auto repair shop in close proximity (across the street) to the residential area occupied by St. Anthony Crreens Townhouses. Activity of this kind involves noisy mechanical work and painting jobs which in turn lead to emission of harmful vapors of chemical solvents. Since my townhouse is located just across the street from the Valor Enterprises Inc. both me and my neighbors along the Territorial Rd will suffer most. However, other units of St. Anthony Greens Townhouses will also feel environmental impact and suffer from decline in property values. It is entirely improper to re industrialize the block, which has essentially residential and office building character by allowing to operate one of the most polluting type of a commercial activity. The previous permit issued to the Valor Enterprises allowed for indoor car sales, in fact establishing a used caz showroom that was reiatively harmless. The worst thing that followed was significaIIt increase in the traffic in the neighborhood. However, allowing the site to turn inTo heavy mechanical and painting type of activity will ineversibly damage the residential life there. I hope you will turn down the application. Sincerely, s .., � � Dr. Andrzej R. Altenberger 2311 Territorial Rd., St.Panl, MN 55114 (651)646-4938 � � � aa •��8� i 1 2 3 4 5 ZONING COMMITTfi& STAFF RSPORT FILE # 99-179-377 APPLICANT: Dr. Irving Herman Trust Date of Hearing: 1f20f00 CLASSIFICATTON: Rezoning LOCATION: 2336 TERRITORIAL ROAD PLANNSNG D2STRSCT: 12 LEGAL DESCRIPTION: see file 6. PRESENT ZONING: RM-3 ZONING CODB REFSR$NC&c 64.4��(a)&(bl 7. STAFF INVESTIGATION AND REPORT: DATE: 1/13/00 BY: James Zdon 8. DATE RECEIVED: 12/20/99 DEADLINE FOR ACTION: 2/18/00 A � B C D PVRPOSE: Rezoning of property from RM-3 to I-1 to allow for auto repair and auto body work. PARCEL SIZE: 16,625 square feet. EXISTING LAND USE: Warehouse facility used for auto detailing and second hand car sales. SURROt7NDING LAND USE North: Multi-family housing zoned RM-2. East: Trucking firm, zoned I-1 South: Light Industrial, zoned B-3 West: Light Industrial, zoned B-3 E. ZONING CODE CITATIOI3: Section 64.400(a) staCes in part, "the counoil may from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may from time to time, review district boundary lines to determine i£, pursuant to state laws, such district boundary lines should be changed. Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." F. HISTORY/DISCIISSTON: A major variance was approved by the Planning Commission in 1995 to allow maneuvering within the public right of way � to a11ow access to a new loading dock. On February 26, 1999, the Planning Commission approved a Change of Nonconforming Use Permit to allow for indoor car sales and auto detailing with the conditions that there should be no cars for sale parked on the street or outside the building, and second, 15 off street parking spaces should be provided � solely for customers and employees. On December 3, 1999, the Planning Commission denied a Change of Nonconforming Use Permit to a11ow for auto repair and auto body uses. G. DISTRICT COUNCIL RECOMMENDATION: To date, the St. Anthony Community Council has not taken a position on the proposed rezoning. H. FINDINGS: 1. The applicant owns a legally-nonconforming industrial warehouse facility which they lease to a business that purchases automobiles at auctions, does necessary repairs, body work, detailing work and then � sells them to other dealers or individual buyers. On October 12, 1999 the current tenant was issued a misdemeanor citation for conducting auto repair and auto body work without a license. Subsequent to the Planning Commission's t2/3/99 denial of a change in noncon£orming use application that would have aSlowed auto repair and auto body uses, the applicant wishes to rezone tfie property from RM-3 to I-1 so that his current tenant may conduct the same auto repair and auto body uses. The tenant"s operation is entirely enclosed with fifteen to eighteen cars on the premises at any given time. The interior space is primarily used for various stages of service, repair, auto body work. There is no designated sales showroom. Auta painting work is contracted out to off premise sites. The workforce consists of 3-4 full-time employees who perform detailing work and 3 independent contractors who are used as � needed for auto repair and auto body work. Perpendicular parking for 15 cars is available in the public right of way on the south and east sides of the building. No signage is associated with the current business. Fiours of operation are from 8:30-7:00, Monday through Priday, and 8:30- 5:00 on Saturday. 2. The rezoning is not consistent with the comprehensive plan. The 1992 South St. Anthony Park Small Area Plan, while recommending the rezoning of property in the blocks immediately west and south of the property from industrial to commercial zoning, specifically" kept this property zoned as RM-3. 3. The rezoning is not compatible with the way the area has developed and will have an adverse impact. Since the adoption of the sma11 area plan in 1992 the general development direction has been to restrict industrial uses to an area east of Carleton. West of Carleton, the general development pattern has been the promotion of commercial and residential uses. Immediately north of the property is a new town house project an RM-2 zone. To the immediate west and adjacent to the property is a distributing company in a B-3 zone. To rezone this property to industrial uses would be to reverse the development land use pattern that has been occurring within this neighborhood over the last decade. 4. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (16 parcels eligible, 11 parcels requzred, and � 11 parcels signed). D v -�� Y • I. STAFF RECOtRRE13DATION: Based of findings 2 and 3, staff recommends denial of the petition to rezone the property at 2336 Territorial Road from RM- 3 to I-l. � �r.�.J � S��Ni un t :� A�IIA PETt710N TO AMEND THE ZON(NG CODE Department ajPlanning and .$conomic Developinen! Zoning Seclion II00 City Ha!! Annex 25 West Fourth Street Saint Pau1, MN 55102 266-6589 APPLICANT PROPERTY LOCATION AddresslLocation �33E %-� •r��'� /�-� Legal (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paui Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, �r�=Y n�rv� �r anT�i'�s� , tfie owner of ail the iand proposed for rezoning, hereby pet+tions you t rezone the above described property from a ��- 3 zoning district to a �- I zoning disfrict, for the purpose of: `'� 1 S�8o3 6 � 0 00 (atfach additronaf sheet(s) if necessary) -/ P� Attachments: Required site plan ❑ Consent petition Q Affidavit � Subscribed and swom to / befor me this 1� day By:,�r—C�� -�-� of �� , 19�� Fee owner of prope y /i � — Tit(e: /�.c' ;Ni JICL E. HUGHES NOiARTPVgUC MINNESOIp A1Y �OAiMtSS(ON EXPIRES lANUARY 31, 2000 � .� Page 1 of � -- -----'--'-'--�"-^�--f-;r.,....----s-^;-..� .....-.�.-��•-.�'-�.n.�.-r�. __.... _.. .....,�--,---- _ • . - CityC .�� ,' St. t! Zip S536y Daytime phone,{�IL�Si(D'�`�Uy Contact person (if different} S'� •-rt �'��.•�-er ' , , t ; t . . . �. . CZ�`�' O�' S.A.XI� �.A.1CTL � CO�ISENT•OF ADJOINING PItOPERTY O�YN�I ,�:�zoN.rNc po-�3�' We, the unde�signed, owners ofthe proper;y tiviq�in 100 f:et oPdic total contiguous dcscription of raat estate o�vned, purcliued, or sold by 7'HE PETITIONGR tivithin one }•ear precedin� the date oE this petition ncknowledge that we have becn presented u•iU� the {ollo��•ino: 1. A copy oFthe petition oF l� �_ ��(v (name oF � �lS to retone tlic property localed 2t ,�� „ .� �� from a ��1� 7 zoning district to a Z" � zoning district. 2. A copy of sections .� , G� � througli �vU. - , inclusive oFtlie Saint Paul Zoning Code; and nckno�vlcd�c that we nre 1�varo of �II oF the uses permit�zd in a 2- i zoning district xnd we zra aware that 1ny of these uses can be estaUlislied upon Ciry Council approval o(dic remning. \Ve hereby conscnl to Ihe rczoninp of the property in tlie pctition of; I) �` . S--C U � �.n I'F-C'�,'vrt i �YvS to n� � zonino dislrict. (Atame o pe[itioner) \Ve conscnt fo flic �pproval of fhis T•ezoninb as it �va.s expl�ined fo us by fhe �pP]ic�nt or his/licr rePresenf�tiYC. � -� ��-� ,?3z�r z350 ZY-i fc (� -.�� S' �z�� 1-3-5'S � �0-,�7- 5�g w - .....__. . _ . _ -- - - ------ ____�.,� �-� n07'�: This petition shall not be considered as o�cially filed until the Izpse of ses•en (7) working dzys eRer it is received by tliePlanning Division. Any signato: oftnis p°,ilion may �tiithdrati°rhislh°� nzme therefrom Uy �vritten request witnin that time. ��' :. :� �. -;�; < CZ'Z'�' O�' S.A.ZhT`Z' �'.A.TJS� CONSENT'•OP AD70INING PROPERTX OWN�RS POR A z�EZON,�rvc Wc, the imdcrsigned, o�vncrs oElhc property �viQiin 100 ket oFthc total contigaous dcscription of real cstate o�vned, purcl�ased, or sold by TFIE PETIT[OiIGR �vithin one }•car preceding the clate oE this petition 1cRno�vfedoc �hat we iiave becn presented «•it(i thc folfo«•ing: A copy of the petition oF � L' S � (namc oFpctitioner) io rezoae thc pcoperty Iocated at �� 3�_ T�„ -�'� froni a ��-�j zonino district to a�_zoning district. 2. A copy oFsections ,(�� throuoh 6 G" !_, t�, inclusive oFtl�e Saint Pau1 Zoning Code; and nckno�vledge that tve nre n�varo of nll oF the uses permittcd in a �- � zonino district and �ve are nwarc tl�at any oF these uses can be estaUfisl�ed upon City Council approval of die rezoning. \Ve hereby co��se�it to ihc rczoniitg oFthe property in !he petitiori of; _ I) �' •�--C V� 4t.�, tt-�a'vr�rt�. �YvST to 1 S" � xoning district. (Name o petitione�) lYc consent to flic approval of fhis a•ezonin ; as if �vas ezpl�ined fo us by the �PPlicant or his/hcr represent�4ive. � � y � i`iOT�: This petition shall not be considered as officially fi(ed until the la�se of seyen (7} wo:k�nS days efter it is reeeived by the Pl�.nc;ing Division. Any signa(o: of this petition may �tiithdravr h�� name therefrom by tvritten request within that tinte. �:," -� � � ,,� :.;: '.. . -,' . . "?.'' • CX�� S�1.x�i� �A..�� CONSBNI'�OF ADJOINING PROPERTY OWNERS FOR A �ZEZONXNG 1Ve consent fo flic �pproval of fhis z•czoninb as it tivas expl�ined fo us by the npplicant or his(licr represent�five. �'��0 We, the undersigned, o�vncrs ofthc propcRywithin ]00 feet oFtl�c to�al contiguous description of real estate o�vned, purcliased, or sold by 7HE PETITIONLR tivithin one year preceding tlie date of this petition �ckno�vledoe that we have becn presented ��•ith thc fotto�ring: Acopyofthepetitionof 1�� l,' S 1 (name ofpctitioner) n � to rezone tl�e property located 2c 2��-� �, ��,�,� '-�--«,.�( from a (}1-� zoniaodis[rict to a Z" � zoningdistrict. � � 2. A copy of sections , G� � tlirouah 6U. , inclusive of die Saint Paul Zoning Code; 2nd nckno�vlcdge that we 1rc n�vara of flll of Ihe uses permitted in a Z`� zoning district and we are nware that any of these uses can be estaUlished upon City Co�mci! nppcoval oC tltiz rezoning. Ne heceby consent to tlie rczoning of the property in thc pctition oF, I)�. Z( U � yl_e �-Qy' 1 Y vS to a S � zoning district. (Name o petitioner) y h'OT�: Tfiis petition shall not be considered as officialiy filed until the lapse ot seyen �t) worxrng days after it is received by tlie Planning Division. Any signator of this petition may ��:thdravrhis(n°t name there&om by written request �vithin that time. ��c�cxTZON �o A��zvavz� OF PETTTIOI\ER STATE OF MINNESOTA) SS COUNTY OF RAMSEY ) � � Tl�e petitioner, � r',o7� o� P{r , being first dalp swom, deposes and states that the consent petition contains si� natures from at least rivo-thirds ( of all e]igible properties �vithin 100 feet of alI property o�vned, purchased, or sold by petitioner within one (1) year precedin� the date of this petition which is contiguous to the property described in the petition; petitioner is informed that the consent petition must contain si�nahires from each and all o�vners of jointty-o�vned properfy in order to cons[itute consent from that property and thaf failure to obtain consent from each and atf owners could invalidafe the consent pzfition; petitioner belie�•es that the conseat petition was signed by each of said oc��ners and that the signatures are t12e irue and correct sionatures of each and al! of the parties so described. �. ��fY�. �.Qi/y2o- YLCSi �, ��Ci � NAME 7/S /��on�a /�rc�� f�(�� SS`�-� ADDFtESS Subscribed and swor to before this �O day of , 19� ♦ � N ARY PUBLIC �a(z-S�10-g4�� TELEPHONE NUMBER MMnnn.Nnn^MM �,�.CYNTHIA M CARCS • °•';� Gj: NOiAqYp ��C•yINNESOTA � : �� ( WASHWGiON COUNTY �/ Cc:nmiss�cr, Ex,wes Jrn. 31. ?y70 •� .�-vw-.lv.v.v.VlyyyyvvVVV. 1'W x Pa;e of I/3i197 � �a-�3P' AFk'IDAV�T � OF PERSON CTRCULATI1�iG THE CONSENT PETITION STATE OF Mi�NESOTA) SS � � COUNTY OF RAMSEY ) S Co� �"r�T�j}� , being first duly swom, deposes and states that he/she is the person �vho circul ted the consent petition consisting of_ pages; that affiant represents that the parties described on the consent petition are al( the respective o«ners of the properties placed immediately before each name; that affiant is informed and believes that each of the parties described on the consent petition is an o��ner of the property �vhich is «ithin 100 feet of any property o�vned, purchaszd, or sold by petitioner �vithin one (1) yeaz precedin� the date of this petition which is contiguous to the property described in the petition; that none of the parties described in the consent petition has purchased or is purchasing propzrty from the petitioner that is contiguous to the property dzscribed on the consent petition �vithin one (1) year of the date of the petition; that this consent �vas si�ned by each of said o«�ners in the presence of this affiant, and that the signa[ures are the true and correct signatures of each and ali of the parties so described. �) ;�//�i y/�r� �� lv5 i� C�e�� I3ANIE Subsc�ibed and swo to before e this c�a day of �C'�f'Y! , 19 9'� 7/S� / ��a ��S'o r�/�� s ADDRESS � f212 C - S �O � TELEPHONE I�3UMBER ,,.,�,�,,.._,�..- , ,.w.� �.-; :.n..nnnnM�• � t�.GYNTki�AM.CARLSON ,. f'i-=,(''' NOTARYPU911C : � WASNiNGTONCOUN . },1yComm"ssio� x . ,,..,._-�'v`M^r ` G4�T.fis�(J/�( �� I�IO A Y PUBLIC Pga� of 1f31(97 ._....___--_�--- _ _--,-,-_�_�:._ -- - - S'�'Z'Z7'ZOI\ 'Z'O x2�G70I\� A.x�x'zp�.vz� or r��z�zoh�rz STATE OF MIT�TIvESOTA) COtNTY OF P�i�iS�I' ) SS Th� petitinner, �c.:-e— �T'}?R-r , bein� first dul}• swocr., deposes and states that lhe consent petition contains si�natures from at least hvo-thirds ( of all elioible properties ��'itliin 100 feet oFal! propert}� o��'ned, purchased, or soId by pztitioner ��•ithin one (1) 5•ear przczding the date of this p�ti[ion �ehich is conti�uous to ihe prop�rty� described in the peeicion; petitioner is informed that the consent petition must contain si�na[ures from each and all on•iters of jointl}'-oti�•ned prop erlp in order to constitute consent from that prop��ip and tha[ failure to oUtain consent from each 1nd 111 o«ners could in�•alidate ihe conseut p�tition; petitioner betict•es that th� consen[ petition �v�s si�ned by ezch of said o�eners sad that tiie signa[ures are the true �nd correct si�naturzs of each and afl ofthe parties so described. � L.J ��-��-�-�-� - rA E i 7/s' Fl�,-«��. /'� -� ADARESS c�Z- �ro—S�ny TELEPHO�iE I�U�'�BER Subscr�;.d and s��•or to beFore me this `C a�ynF , ��. p2o� of � 1131197 � Noi�R Eg�HUµ H Eo�r '. � My COMMISSfON EXPIR�S ��f' lANUAR�,,..- �,.,.,.,.,,,,.,�- �o -.��8' � \_J .ES.Fk'IDAVT."I' OF PERSON CIRCULATING TH� CONSENT P�TITIOI�I STATE OF MIt�71�iESOTA) COUNTY OF P�AMSEY ) �� 4. �� Y't r , bein� first duly sworn, deposes and states that helshe is tl�e person who circulated the consent petition consistin� of_ pages; that affiant represents that the parties described on the consent petition are all the respective o�Fners ofthe properties placed immediatel�• before each name; that affiant is inforn�ed and believes that each of the parties described on thz consent pctition is an o�vner of the property �vhich is ��ithin 100 feet ofzny property owned, purchased, or sold by petitioner �vithin one (1) year preceding the date of this petition �vhich is contiguous to the property described in flie petition; that nonz of the parties described in the consent petition has purchased or is purchasin; propeRy from the petitioner that is contiguous to thz property described on the consent petition within one (1) year of t?ie date of the petition; that this consent was si�ned by each of said o��ners in the przsence of this affiant, and that the signatures are the tnie and correct si�natures of each and alf of the parties so described. � C�a��----� NAME �/.� IL/a vi /n.c � ADDRESS //a�- �o - �f��Y 7ELEPHO\'E 1�'UMBER Subscribed and s��'org to before me this � �� da}' of ��ibZ./ I�TOT�Y 19� � JILI E. HUGHES # ` (' S NOSARYPUBUC MINNESOtA ` P2^Z QL � _ ` MY COhUAISSION EXPIRES 5 "�• lANUARY 31, 2000 _ E 1�1�� i ZONING PETITION SUF`F'ICIENC'Y CHECK SHEET _ REZON�i'G SCUP 2�CUP �IR3T SUBMITTED RESUB�fITTED DATEPETITIO�lSUB�fITI'ED: � " � DATEPETITIO;IRESUB�fI'fTED: II�� DATE OFFICIALLY RECEIVED: � � _ � � � PARCELS ELiGIBLE: � V/ . PARCELS REQUIRED: � DATE OFFICIALLY RECEIYED: I�� Z'� �"�J S P% PARCELS ELIGIBLE: ! � PARCELS REQUIRED: f � PARCELS SIGNED: � CHECKED BY: �""""��"""'- I DATE: �, o � - �. z�i�lNG F1LE E' ( PARCELS SIG\ED: 1� 3-5�' !L-Zu-yS � � DO -�3P' � r L � CI7IZEP1 PARTICIPATI DIS RI TS 1.SUNRAY-BATTLECREEK-HIGHWOOD 2.GREATER EAST SIDE 3.WEST SIDE 4.DAYTON'S BLUFf 5.PAYNE-PHALEN 6.NORTH END 7.THOMAS-DALE 8.SUMhtIT-UNIVERSITY 9.WEST SEVENTH lO.COMO HAMLINE-MIDWAY 12 T. ANTHOPlY MERRIAM PK.-LEXINGTON NAMLINE 14.GROUELAND-MFlCAtESTER 15.HIGHLAPID 16.SUt1MIT HILL 17. DO'f1NT0'�IP� CITIZEN PARTICIPATION PLANNING DISTRICTS � �.J � 57. APITHOPIY 'AO IOC4 2C!'0 _ S �0 4: qJ � �ISTRICT 12 O sU� ,� �R �� • �-, ., v \ �'O�_ - ,' �� ,�" ',� , ' �" �, � � cn , �-i . � /•� ,� i ,i i , � ` � O o � Y . , . � . , . � Uy , � , ��i �, .. - � '9 Sj _ ' � L , �; _ , , � 1 Q� o:� - v F' � � .� o � �� ' o � �- � � ; � v �-/�-� ---- ELLIS - �f ��- -- � � ` --; i 1� i O .4 Q i � � j ) } /�� I n ' + � .� �� 6 i � �/� \ _� _� `) � -� _' .� L O 4 � �/ / ___ �� _'_ 6 _ L _ � 143_ O O A --7 I i I /. / � I i I I � Q 4 6 � ' ' ' I ` ' � W O i n � I I I 4 �" � / � oR � O � � ��1 ♦ . Y.` i 6 � / / � `C ' i / . . � t ' F � � /.� •�� / � � 1• � ` � ` �/ f � • �� • • � . , �� . � � � r � � �� i � , � �� / . ,�� . , • ., ^ ,' � � C ' �`,� � ;' ��/ � � � � ��t � ,! , � � (� ' z � �'� l � p� �, '�; . �\� �� S �� t � � `; r'� � �� S. � �� ♦ �. \�/ � � ♦ e , � ::::::...:.....;..:. ♦ , � �� ` � � . • . �J P �,:�..:`_\.,: _ . . , � , ._, , — `./ 4 � Z � _ �� — i / �� p _—L d / } , • )— l � � � � O ♦ � / Q� � . � . � , --- � � / � I - ".��. ��= � �'= �_--- - � - - -- - - , 'U ;AF:T ' _ � LEGS�;D � �Z �R-PM : � (�• . 3 "}'�: Z'�1 ------ zon:.i� d�sUicl tu U��2'y' J�?�j�� ~� /� , ,, ; -;�-� �z.2�-9� r� 5��5;:�p�� ;, �� ,,� F�IL"c, _ � i �t�TE — , � 2i o � o on. 1=_mii� .. � co�:-i.:� ; Plt��. D;�T �,fA. r ,. . o�r,, ¢ r.�:o Iz;nity o.� < In.,u>< <= � cLr..r........-r"" c-� i. - - n r-� , � � r � --� � i �% �' � _ � � �� 5� Qo-33d' • DR. HERMAN IRVING TRUST (TRUS"I� — PETITION TO REZONE The Trust (Scott Cooper) is the petitioner. Should go first, after staff report. Seek rezoning from RM-3 (multiple room residential} to I-1 (industrial). Consent zoning. Decision of Zoning Committee: 6-0 - deny the rezoning. Planuiug Commission: nnan;mous - deny the rezoning. Motion to deny the re-zoning, and to adopt the findings and conclusions of the pianning commission as contained in its Resolution 00-10�, January 28, 2000. �a i to appr the re-zon g, in at ... (state a s nable ba 's a to 1) why this r oning is,an the pu ic intere and w lfaze and/or 2) w this re ning is in accord ce wi the com e nsive plan. • • r-� 1�� t� r�� i � �� pa -33�' St. Anthony Park Community Councit �f�� C �ty� ��J February 17, 2000 James Z,don, Ciry Pianaer Planning and Economic Development 25 W. Foutth S�eet S� Paul, MN 55102 RE: File #99-179-377 James: The St. A�hony Pazk Cvmmvoity Coimcil opposes the proposed rezouiug of 2336 Territorial Road from RM-3 w I 1. To imde�and the impoztance of the curr�t zoning w South Sk Anthony Park resdeots, it is nece,asazy to look back to the ]ate 1960s aod �rly 1970s. The area was thea kaowa as Yhe West NFidvuay-Swth St. Authony Park Projed Area, an azra d�goated by the city ss an �n r�ewal Project uadet the Federal neighborhood Developmeoi Progam. The area east of Raymond Aveaue andnorth a�'TetritoriaI Road was a�xture of detetiorated ho"� and iadustry. After much studY, it was dete.nmined ihat most of the hwsing was in too poor of shape to rehabilitate. Almost all afthe he�usngwas acq�riredaod demolished, alamgwiththe indust�ytbat had eacroached upoa the resid�ial neighborhood. FoIlowing this, the Ha�dea Square apartments, the Seai Street ffig�Rise, and the St. Aathony Greea towa hom�es vrere birilt. All of these houang wits were targecedfor people witfi lowto moderate iaoome, with the St. Anthony Grcen pmviding ownetship oppofimities for dris income group. As pazt ofthis reiewat activity, a bo�mdazY betwcen industrial use and housing was established The southem botmdary was C�ades Stceex. Maintaimng this botmdary widi industiial uses was a key goal a�'the West 1N"idwap-Soirth St. Arnhomy Park Praject Atea Commitcee, the predecessor to the St. Anth�y Pazk Commimity Crnmc91. 'Ihis Co�cii ca�nues to recognize that U�e viability of the radier small Swrth S� Antha�ny resid�2ia1 neighkwrhood depmds a�n the belief tl�at the borders of the residmtial neighboihood iuitl nat be a]lovued to erode. The pazce2 nmder curr�t xeview is oa the sourhwest comea c�Terriwrial Road and Carletaa Street, nocth of C6ades Stcet. It is directly actoss Tacitoriai Road from the St A�hony C,reen towa homes. These towa homes aze already ac}jacaot to au mdustrial mne to the east, smce the boimdazy betweea iadusuial and reside�ial nms n ther eastem edge. ff ihe change bein8 cwnsidered w�ere atlowed, there wnuld be indusuial uses on two sides ofthese town homes. We believe thai this �ange of uae is inappropriate aad couId have a aep�tive ia�act on the adjacent town homes. Therehas beea too much investec� and the nced for moderate-income ho is too imPoitant, to allow this to hsippen. 890 Gromwel{ Aveiwe, SaMt P�yt, Minuesop 55174 :• 651/649-5992 voice v 651/649-5993 fax �..�. 00 -33p' 7n 1992, the City Coimcil adopted the South St. A�hony Pazk SmaII Area PI� T1ris plaa looked at the azea al�g Raymand aad Umversity Aveaues, i�ludin8 � Pazoel tmder oomsideratio�. T� P�y Putpose of the study was to look at vris�ng l�d uae and z�ing and to determine if � m�ming or laud use plans aze appaopiiate- The study st�ge�ed, and the City adoQted, a c�ange m zc�ingfor the bdock sowh of this PraP�Y ��dus�iai to busimess. The study cfid ��md a ch�ge to the zoniag ofihis pmpeaty. We do not bdieve that anything has ehanged rl�at would ms�ilt � such a recomm�dati� today- la fact, the I7niversiry �d Raymond Aveoues arna has be� identified u a pot�tiat p7ace for new mixe3 commercaI and reside�ial d�cpm�tmthereceoi Cityl�grangeplan. Allowing a d�ange to industria! zoaing at tlus site is not justified. �t �till not b�efit the � n�P�� aos the cty as a whole. It wouid instead be a step backwud, awdy &om tfie visioa of dtis area �at has bad so mudi effort �d investmeat over the past 30 Years- We '� � Y� ielect this paition and rdaia the aur� yooing. ��Y> J �(�} c tY�,��lQ(1-1 �16 )✓ � �a1S011 F.XOq�IVC 1�17CdDI CC: C01IDC11 PfCStf� Dffi BOStr'OIR COImQlIDBID� J8Y $Ea241V Crnmalmember Jary �akey Camcilmember Katfiy IaotrY Cwmca'tmembe,r Pat �iasis Caimc�memba rim Reiter Co�mcilmember Quis Coletnan Fnr} Ixaa fi�om �ia�o� �.EKCf fIOID �It1CtII1 P• �uui: u�y +' Oo -33P' F��azy i �, Z000 zo� co�„n;tt� CITI' OF SATNT PqUL Plauning & Economic Development I400 City Hall Aat�ex 25 W. Fovt�h Sueet Saint Patil, � 55102-1634 RE: File #99-179-37� Public Heaziag Dr. Irving Hrnnan Tcust To W1wm It May Concem: Since I am unable to attend the pubiic hearing schcduled for Wed. Feb, 23, 2000, aLf30 p.m., I am writiag to express my concems rcgardiag the possible rezoning of 2336 Territoria! Road 5rom RM-3 to I-I. I am in sv�ong opposition co rezoning this pmperty for industrial use and highly recommend t6at it remain a residentiai zone. As you we11 tmow, scveral townhoases are Iceaud dimct2y across &om this addmss. Iacnased volume from huck �c, causing yoth air and aoise popution, not to mention safety concerns givq� the high speeds that dm,cr� �t�� j �t stretch of road, already negatively impact the residential environment and 9uai�ty of life as it is now. Re- aoning this aiw to indusvia] v,�q �t �yeviau these probietns and in att liketihood will make t6em worse for those of us living ia tbis neighborhood. Autobody tepair r�nd body work emits toxic paint fvmes imo tlie air which u deRimental to tbe heatth and safety of not otily the occupanu of the townhomes, but also ro the many elderly residents of the highrise just down the sheet. FinanciallY, sociallY and healthwise it is in our besc inkrests to proi�ct our residential neighborlwod {rom fiuther industriaGyaaon. I�ani� Yau ia advance for giving cazefiil attendon and eonsidecarion to the issues brottght forth regruding opposition to this proposed change by those of us who wi7l be directiy affected by your decision. Siaeerely, GC.C�cs/ � lulie A. Ellingson TO: St. Pau( PEQ Go James Zdon 651.228.3220 FROM� C. I. Mannheim 82H 5eai Street St. Paul, MN 55114 612.348.3$31 DATE: January 14, 2000 RE: 99-176350 Z33� Te s�r r-�-v n aL SET FOR: January 20, 2000 00 -�3P' Please accept the following statement in lieu of a personal presentation at ihe referenced hearing: I reside near the property" located property. subject property and, more significantly, am an owner of "common directly across the street and within a 300-fooi radius of the subject For a variery of heafth, aesthetic and quality-of-life reasons, it is crucial, on general principle, to buffer residential communities. such as ours, from heavy-use industria! and commercia! activity such as that encompassed in an I-1 zoning designation. On a more specific note, it should be noted that the applicant has already established a significant measure of bad will in this community by engaging in legally proscribed and noxious uses af the subject property �ur immediate community has been ptagued with periodic episodes of noxiaus odors apparently caused by the nearby use and/or release of sotvents. While City personnet (e.g. d Reter Kishe}, 266-9133) have not (yei) spec�cally finked this complaint to the subjeef property, it is exaGtly the type of unacceptable encroachment that can be anticipated with the zening change requested by the applicant. I am therefo�e strenuously advocating for a deniai of their appeal to rezone the subject property to an I-t class�cation. `� � i � ��G�- �—,{-�' '�� cc: St. Anthony Greens, Board of Qirectors. Go Omega Management, 612.544-2613 District i2 Community Council, 651.648-5993 TDTRL P.01