278661 WHITE - CITY CLERK �� /Q�C�
PINK � FINANCE COl1IlC11 d(7 V
CANARY- - DEPARTMENT G I TY OF SA I NT PAU L
BL1U� - MAYOR File N O.
•
in�nce Ordinance N 0. /�Q���
Presented By
Referred To Committee: Date
Out of Committee By Date
An Ordinance amending Chapter 60 of the
Saint Paul Legislative Code pertain'ing to
zoning for the City of Saint Paul and the
zoning maps thereof.
WHEREAS, Pursuant to Minnesota Statutes � 462.357 and § 64 .210
of the Legislative Code, Lamar and Elizabeth Loose duly petitioned
to rezone Except the North 50 feet, Lots 11 and 12, Bergman' s Villas
Addition, located on the northeast corner of Dale and Wheelock Park-
way from R-3 to RM-2 to per�nit continuance of a 5-unit building, the
petition having been certified by the Department of Finance and
Management Services on March 16, 1982 as having been consented to
by at least 670 of the owners of the area of the property to be re-
zoned, and further having been consented to by at least two-thirds
of the owners of the property situated within 100 feet of the total
contiguous descriptions of real estate held by the same owner or
any party purchasing any such contiguous property within one year
preceding the date of the petition; and
WHEREAS, The current Zoning Committee on April 1, 1982
conducted a public hearing for the purpose of considering the
rezoning petition and pursuant to Section 107 .03 of the Admini-
strative Code, submitted its reco�nmendation to the Planning Com-
mission; and
WHEREAS, The Planning Commission considered the rezoning
petition at its meeting held on April 9, 1982; and
WHEREAS, Notice of a public hearing before the City Council
on the said rezoning petition was duly published in the official
newspaper of the City on April 17, 1982 and notices were duly
mailed to each owner of affected property and property situated
COUIVCILMEIV Requested by Department of:
Yeas Nays
Hunt
Levine In Favor
Maddox
McMahon
Showalter A gai ns t BY
Tedesco
wison
Form App ov d ity At rney
Adopted by Council: Date
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approve y ayor for Submission to Council
By BY
/
�
, - , .
l
lst �� �/— cJ� 2nd -�'���0,�
3rd ,�� U�(�o? Adopted 5 ` of 7-0 �
Yeas NaYs �
LEVINE
MADDOX / / ��/
t(J
McMAHON
SHOWALTER �$��'�
TEDESCO
, WILSON
PRESIDENT HUNT
�
WMITE - CITY CLERK �y/�/�/
PINK � FINANCE C011l1C11 � I U���
CANA}iY- - DEPARTMENT G I TY O F SA I N T �PA LT L
BL�,{� - MAYOR - Fll@ N O.
•
Or ZIZCLIZCP. Ordinance NO. 11��/O�/
Presented By
Referred To Committee: Date
Out of Committee By Date
wholly or partly within 350 feet of th� property sought to be
rezoned; and
WHEREAS, A public hearing before the City Council, having been
conducted on April 29, 1982 where all interested persons were heard,
and the Council having considered all the facts and recommendations
concerning the petition; now, therefore,
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section l.
That the zoning map of the Gity of Saint Paul, Sheet No. 4,
as incorporated by reference in Section 60.301 of the Saint Paul
Legislative Code, as amended, is hereby further amended as follows:
That property located on the northeast corner of
Dale and Wheelock Parkway, being more particularly
described as Except the North 50 feet, Lots 11 and
12, Bergman's Villas Addition, be and is hereby
rezoned from R-3 to RM-2 .
Section 2 .
This ordinance shall take effect and be in force thirty (30)
days from and after its passage, approval and publication.
2 .
COUIVCILMEIV Requested by Department of:
Yeas Nays �
Hunt
I..evine In Favor
Maddox
McMahon
snowa�ter Against BY
Tedesco
wison
MAY 2 � 1981 Form Appro d /i Attor
Adopted by Council: Date � ,'
Certified Passed Co il cretary BY
�
gy �/'��/� �3 Q �O�-C,[�L� � �, , �
Approved y yor: Date MAY 2. R �o Approved� ay for Submission to Council
By BY
PUBLiSNEU J UN 5 19
. _ � , - , � . �"7�6��:
MINUTES OF THE ZONING COMMITTEE
, IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA ON APRIL 1 , 1982
PRESENT: Mne. Karns; Messrs. Bryan, Levy, and Pangal of the Zoning
Comnittee; Mr. Segal , Assistant City Attorney; Ms. Lane of the
Division of Housing & Building Code Enforcement; Ms. Beseman,
Mr. Haider, Ms. James, and Mr. Soderholm of the Planning
� Division Staff.
� flQCCA1T• �n C��eew�e�nc• Mnnc�we� Awnniw�.1 -�r�el. 1 �r����w�w . ' . . . ...
�
�°��ss�
��Oy�Y Op y CITY OF SAINT PAUL
�; a DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT
� iili'ii'i �
,,.o ^ DIVISION OF PLANN�NG
'"'��°� 25 West fourth Street,Saint Paul,Minnesota,55102
GEORGE LATIMER
612-298-4151
MAYOR
April 21 , 1982
Albert Olson, City Clerk
Room 386 City Hall
St. Paul , Minnesota 55102
RE: Zoning File #9123 - Loose
City Council Hearing: April 29, 1982
PURPOSE: Rezone property at 1328 N. Dale from R-3 to RM-2 to permit
continuance of a 5-unit building
PLANNING COMP�IISSION DECISION: Deny 14 to 0
ZONING COMMITTEE DECISION: Deny 4 to 0
STAFF RECOMMENDATION: Deny RM-2, Approve RT-2
SUPPORT: None
OPPOSITION: None
Dear Sir:
On April 1 , 1982, the Zoning Committee of the Planning Commission held a
public hearing on this rezoning. The staff recommendation was for denial
of the RM-2 zoning because it would be too dense for the surrounding area,
and approval of a rezoning to RT-2 (townhouse district) . The petitioner
was present and testified. He agreed that he has not been able to establish
legal nonconforming status for this building. He also stated that he did
not want RT-2 zoning, since this would mean the loss of one unit. He
believed the building might not be self-sustaining with 4 units. At the
close of the hearing, the Zoning Committee voted 4 to 0 to deny the
rezoning to RM-2. They did not consider the RT-2 zoning since the petitioner
did not want it.
On April 9, 1982, the Planning Commission considered the Zoning Committee's
recommendation and denied the rezoning on a vote of 14 to 0.
The rezoning is scheduled to be heard by the City Council on April 29, 1982.
Please notify me by April 28 if any member of the City Council wishes to
have slides of the site presented at the public hearing.
Sincerely,
�—.-
' � .
Patricia N. James
City Planner
PNJ/mb
attachments „�0
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1; �:,r�'LICANT: LAMAR AND ELIZABETH LOOSE ' � DATE OF HEARIt�G 4/1/82
2, , , , , , , , , , , , , , , , C L A S S I F I C A T I 0 N . . . . . . . . . . .. . �. . .
CL!FRENT PLA�tJItJG & ZONIP�G, COM;�ITTEE BOARD OF ZONING APPEALS .
�c�zoning ' . �.� � � Var�ance ❑
Special Condition Use ' ❑ � Administrative Review ❑
Getermination of Similar Use ❑ ' Other ❑
Change of Nonconforming Use a . � �
Other
3. LOCATION: 1328 N. Dale Street (Northeast corner Dale and Wheelock Parkway). �
4. LEGAL DESCRIPTION: Except N. 50 ft. , Lots 11 , 12 of Bergman Vi11as Addition
5. PRESENT ZONING: R-3 ZONING CODE REFEREPICE: Sections 60.450; 61 .101 (f) ;
� 62.102 Subd. l
6. STAFF INVESTIGATION & REPORT: DATE 3/23/82 BY Patricia N. James
A. PURPOSE: Rezone from R-3 •(single family residential ) to RM-2 (medium density, low-rise
mu ple family residential ) to permit continuance of a 5-unit building. �
B. SUFFICIENCY: Petition found sufficient by Planning Division on March 16,�. 1982. Parcels
eligible: 12; parcels needed: 8; parcels signed: 8.
C. PARCEL SIZE: 50' (Dale Street) x 143.5' (Wheelock) - 7,175 square feet.
D. EXISTING LAND USE: Site contains residential structure divided into 5 units and a
2-car garage wit access from Wheelock Parkway.
E. SURROUNDING LAND USE: Low density� residential (one- and two-family homes) : R-3.
F. ZONING HISTORY: The structure was constructed in 1914. In 1922 the parcel was zoned
Residence; in 1975 it was rezoned R-3.
G. FINDINGS:
1 . According to records of the Division of Housing and Building Codes, thi's property
was inspected for certificate of occupancy in June, 1981 and was found to be
illegal . Use and density were found to be nonconforming.
2. Petitioner has been unable to establish legal nonconforming status for this
property under Section 62.102(1 )., He has not demonstrated by clear and convincing
� evidence that 5 units were established prior to 1956 or that they were established
. after 1956 pursuant to building permits .
3. Assessor's records show that the property was assessed as a single family dwelling
in 1945, as a duplex in 1958, and as a 5-unit building in 1980.
4. The property would have been nonconforming as a duplex because the minimum lot
area for a duplex in an "A" Residence zone was 7,500 sq. ft.
� 5. The J973, 1976, and 1977 City Directories show that there were 4 occupied units
in this building.
6. Land Use Plan Policy 4.1-5 states : "The City will establish criteria to allow
sensitive re-use and conversion of existing housing structures. Th� criteria will
address density, lot characteristics, structural characteristics, parking, open
.� space and neighborhood impact."
7. Density permitted on the site with RM-2 roning is 11 rooms. Petitioner therefore
needs RP1-2 density in order to permit the continuance of the 5 units (1 efficiency
• and 4 1-bedroom apartments).
8. The lot area is sufficient only for R-3, R-4, and RT-1 zones. Petitioner will
therefore need a �ariance f��?m S�ct�on b1 .1Q1 (f) which requires a minimum lot size
of 10,000 sq. ft. to convert an existing building to multi-family use.
' 9. The structure is a large home built in 1914. No additions or expansions to the
building will result from the rezoning.
Gross floor area for the structure is 2, 198 sq. ft. , approximately 440 sq. ft. per
unit.
� . � 2'7866�
LAMAR AND ELIZABETH LOOSE (#9123) STAFF REPORT Page 2
G. FINDINGS CONT'D.
10. Six off-street parking spaces are provided. (The Zoning Code requires 7 spaces
for 5 units of new construction. )
11 . The North Dale P:layground is one block north of the site, providing additional
nearby open space.
12. The site is surrounded by low density residential uses. The Housing Policy Plan
encourages duplexes and in some cases triplexes as infill in such areas , and
recomnends limited conversions in order to protect neighborhood character.
H. STAFF ANALYSIS: While this property has doubtlessbeen in multiple-family use for some
time, petitioner has not shown that such use was ever legal or legally nonconforming.
Because of the small lot, petitioner needs RM-2 density to maintain 5 units, but must
still obtain a variance of the lot size requirement.
RM-2 zoning seems clearly out of character with the neighborhood. Surrounding land
uses are practically all single family houses on relatively large lots. Were this
building to be destroyed, any new construction at RM-2 density would probably make
this disparity more obvious.
It seems reasonable to permit 4 units at this location. Past City Directories from
the 1970's show that 4 units were sometimes occupied. Four-plexes are first permitted
in the RT-2 zone. This zoning classification would be more in keeping with neighbor-
hood character. It would also be more in conformance with Comprehensive Plan policies.
A density variance would still need to be obtained from the Board of Zoning Appeals.
There seems to be a strong case for hardship in this case. A newly constructed 3-plex
or 4-plex would probably appear to be more in character with its low density surroundings
as well .
I. RECOMMENDATION: Based on findings 5, 7, and 11 , staff recommends denial of the rezoning
to RM-2. Based on findings 8, 9, and 10, staff recommends approval of a rezoning to
RT-2, townhouse residential district.
. 4 r. ~�'�`"' � �,`�_ CERTIFICATE OF OCCUPANCY ��U�6�• PREVIOUS FILES
: "�� ,.�.,.---��� � ZONING CNECK SURVEY �
��� � � ' C o f O�T�S—
ADDRESS / / �- � � SN � I i Cl Cf W2A �
� DI 0 :
/ ` . � �y
O�NSTRUGTION DATE � / `� /� �� PERMIT(' J�� �/J TYPE OF STRUCI`I1RE r.. � `
---r}—
MA�ER OF STORIES :�� WII7IN .��� ' LENGIH `1� � F-�I(��T �� -<-�
PARCEL CODE �:��� ' �; � �,� (J -I� � - U �-� MJINBER OF UNITS •�
LEGAL: IAT�� Nv ;�,,� / !; i/.1 /:= BLOCK TAXABLE �JSAGE � ' --
ADDITTON /-; <,.r;i��►i i, �, � � , r_ � , , ; .
CROSS STREETS � '
LOT SIZE ���(, �
YF.AR ZONE iJSE UNITS UNITS IN USE DENSITY
(N/NC) PERMITTED (C/NC)
X X C
1922
X � C
for C-RES for C-RES
1960 �� ( G .
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1964 �
1975
�r / : ROOMS:
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(
S IDEYARDS: PLANN ING: �D � �NO RECORD
YES
ZONIN ILE
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ZO��(ING STATUS FO:R �_ UNITS TO BE Mr'�RI�D ON COI�UTER SE�ET
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LEGAL - CO'VFORMING USE DE,'VSITY SIDEY.4RD
�� � CONFORMING
�� . NON-CONF. �_ _� __�___
LEGAL - CONFORNQNG USE WITH
NONCONFORMING STRUCTURE
PRESENT USE COAIFORMING UNTIL
LEGAL - NONCOI�IFORNQNG USE
AND STRUCI'iJRE 1922 k "1960 1964 1975
� I LLEG�AL LECAL LE(�AL I LLEGAL
' � CON�RMING NON--CONF
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ZONING CHECK
ADDRESS
PERMITS
BUILDING PLiA�ING ELECT'RICAL
PERMIT � YEAR WORK DONE PERMiT � YFAR bvORK DOi�� PERMIT # YEAR WORK DONE
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CITY DIRECI'ORY ASSESSOR'S RECORDS
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APP�ICANT L-amar�- EL,�ZObc'N1 L�� LEGEND
— — ZONING OISTRICT BOUNDARY
PURPOSE �P�Ot1°l� �r�n ����'(�''�, �ld SUBJECT PROPERTY
� ONE FAI�ILIf PLAtVNiNG
� DISTRIST
� i a� TWO FAMILY �
Fi�E rvo. �� G
� � �+�tULTIPLE FAMILY
DATE �!.._; � � '��
CGM�iAERCtAI.
SCALE� I"= 200� NORTH � �"' ''� �NDUSTRIAL MAP N0.
[fA�l�IT. f'fA1�1 n� w►�u���i± r��w�n � �.i lifi('AAtP' �
. ��i $�6� �1'1c�`� ���;� � 3 I
� _• PETITION TO AMEND ZONING CODE ,(� _3 (��� � � (;��'
CITY OF ST. PAUL, MINNESOTA �\ � Cp,r, �b'
� � , �����
�
TO THE HONORABLE MAYOR AND CITY COUNCIL DATE �Z 19�z
c/o City Clerk, Room 386 City Hall —
St. Paul, Minnesota 55102
Pursuant to Section 64.210 of the St. Paul Zoning Ordinance and Section 462.357 (5) of the
Minnesota Statutes, � �q Md9 1Z �oo S c ���./Z���T� , the owner5of all of
the land proposed for rezdning, hereby petitions your Honorable Bod}i�to rezone the following
described property:
Street Address: I 3 2 g No ��9L.-� 57� f�9-u-L ���'
Legal Description: �XC�,�j �d12 i� 5 b �� L.o � � l �' I 2 �,c
T.?7 E.��/`7�1.N ///L L.r9 S �D�,
from a %�— 3 District
to a Z l`�'1 - 2 District
for the purpose of _ �.���Q�. /2,� �,// �,r�57/.v �'i ��' I��E)C
�
� � � Vi� I01
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^YV \ � l t • ' , .'.k�. I � �'::.`,,(�:''3-1
����.
Subscribed and sworn to � By: !,����'�
before this � � day
of 19�� Title:
��%(� � f� Petitioner
`%.ii� --�b. �/�
Notary Public
Y�� .�` ^F.f I.t�r t,f..,p,?��
,�.�, 14 ;f�71nr. . � r T `.j'
, �t �
-" .�- � . . . ,
�r ��F . ,i � ., !�lnn.l
� � ;'XPIRES '
3' ,S "` ''' '°'� �"� � � �@.� �W_,_� a3 �'age 1 of�
�,-�-� � � � �� �� f�� —�.�__�___._ �
'. • CONSENT OF ADJOINING PROPERTY OWNERS TO REZONING z���s�
' We, the undersigned, owners of property within 100 feet of the total contiguous descriptions
of real estate owned by Petitioner or sold by Petitioner within one year preceding the date of this
petition, acknowledge that we have been furnished with the following:
1. A copy of the Petition of L,�} 1`'It�/L ¢' �L! 2�f,�iN �.c�oS.�
2. A copy of Sections �Q, � /o through �O.�S��-{ , inclusive, of the St. Paul
Ordinance; and
acknowledge that we are aware of the uses permitted under a � I�'( - Z-..
District zoning classification; and hereby consent to the rezoning of the property described in the
}'etition of ��} �t1.2 � ��!Z I��j.����l 4�Sr=' to a �M ^ 2. District.
RECORD OWNER SIGNATURE LOT BLOCK ADDITION
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�oS�PNiu� �i941�'.a2h� l �llDo�•v�a�s 5��3,
Petitions shall not be considered as officially filed with the city clerk until the lapse of 7 working
days after a petition is received in the office of the city clerk. Any signator of any petition may
withdraw his name therefrom by written request within that time.
�`:�'������ ���� ��3� Page 2 of 3
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STATE OF MINNFSOTA)
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COUNTY OF RAMSEY )
�,�M,�/Z �aS,�, , being first duly sworn, deposes and states that he is the
person w o circu a e e wit in petition and consent, consisting of pages; that affiant
is informed and believes that the parties described are the owners res ectively of the lots placed
irnmediately following each name, that affiant is informed and believes that each of the parties
described above is the owner of property which is within 100 feet from any property owned
��y petitioner c�r sold by petitioner within one (1) year preceding the date of this petition which
is contiguous to the property described in the petition; that except for•
none of the parties described above has purchased or is purchasing property rom petitioner
contiguous to the above described property within one (1) year of the date of the petition; that
this consent was signed by each of said owners in the presence of this affiant, and that the
signatures are the true and correct signatures of each and all of the parties so described.
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Appruved as to form - Feb. 80
i'lanning Department ; _ Page�of ?�"'
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. ST. PAUL CITY C4UNCIL �
PU6LIC HEARING NOTICE
ZONING �
T0: Property owners within 350 feet; FIL E N 0. 9123
representatives of Planning District 6
PAGE
P U R P 0 S E Rezone property from R-3 (one-family residential district)
to RM-2 (medium-density, low-rise multiple family
residential ) to permit continuance of a 5-unit building.
LOCATION 1328 N. Dale
(Northeast corner Dale and 4Jheelock Parkway)
PETITIONER LAMAR AND ELIZABETH LOOSE
HEARING Thursday, APRIL 29; 1982 �o:oo A.rt.
Citv Council Chambers, 3rd Floor City Hall - Court House
��lE S T10 N S Zoning 298-4154 (Patricia N. James, 292-7359)
Contact the Zoning Section of the Planning and Economic
Development Department, Room 1101, City Hall Annex,
25 W. 4th Street; St. Paul, Minnesota 55102
Kotice sent 4/16/82