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279624 WMI7E - CITV CLERK COUIICll �y� � PINK - FINANCE `� CANARY - DEPARTMENT GITY OF SAINT PAUL File NO. v � BLUE -MAVOR f �y� / �j Z/L nce Ordinance N�. 1(� �/� Presented By Referred To Committee: Date Out of Committee By Date An Ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof. 4�1HEREAS, Pursuant to Minnesota Statutes � 462. 357 and � 64. 210 of the Legislative Code, William C. Johnson duly petitioned to re- zone Lot 4, Block l, Wallblom' s Addition, located on the south side of Minnehaha between Etna and Clarence, from R-4 to RM-2 for the purpose of permitting an existing 3-unit dwelling, the petition having been certified by the Department of Finance and Management Services on October 8, 1982 as having been consented to by at least 67� of the owners of the area of the property to be rezoned, and further having been consented to by at least two-thirc�s 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 November 4 , 1982 conducted a public hearing for the purpose of considering the rezoning netition, and pursuant ta Section 107. 03 of the Admini- , strative Code, submitted its recommendation to the Planning Co�n- 'mission that the petition be granted; and WHEREAS, The Planning Commission considered the rezoning patition at its �neeting held on November 5, 1982 and recommended that the City Council approve the petition; and WHEREAS, Notice of a public hearing before the City Council on the said rezoning petition was duly published in the official COUKCILMELV Yeas Nays Requested by Department of: Fletcher �ev�ne [n Favor — Masanz � N�cos�a Against BY Scheibel Tedesco Wilson Form Approv d b it A r ey Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approve by M or for Submission to Council By BY WHITE - CITV CLERK COUI1C11 ����/M� PINK - FINANCE GITY OF SAINT PALTL 1 CANARY - DEPARTMENT BLUE - MAVOR , FIl@ NO. � � � -- �.�-0 rdin�nce Ordinance N O. /�9�� , . � � Presented By �="o�'�`:�r��b Referred To Committee: Date Out of;Committee By Date newspaper of the City on November 24, 1982 and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, A public hearing before the City Council, having been conducted on December 9, 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 1. That the zoning map of the City of Saint Paul, Sheet No. 15, as incorporated by reference in Seetion 60. 301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That property located on the south side of Minnehaha between Etna and Clarence, being more particularly described as Lot 4, Block l, Wallblom' s Addition, be and is hereby rezoned from R-4 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. COUNCILMEN Yeas Nays Requested by Department of: Fletcher � �e.ir+e �c,.��es In Favor Masanz 1 Nicosia Against BY Scheibel Tedesco Wilson Adopted by Council: Date JAN i 8 1983 Form Approv by e Certified s d by Counci ecretary BY . � � 0 �983 `� Approv y Mayor: Approved b a for Submission to Council By BY UBLiSHED JAN 2 9 1983 � ������� . ,. �v ' .��= o • • • CITY OF SAIf�Yf PAUL ��¢� p i� • • • �o a� DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � un�um �° �r uu �uu o .,,� ^ DIVISION OF PLANNING "'��.6� 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-4151 MAYOR December 1 , 1982 Albert Olson, City Clerk Room 386 City Hall St. Paul , h9innesota 55102 RE: Zoning File #9271 - William C. Johnson City Council Hearing: December 2, 1982 PURPOSE: Rezone from R-4 to RM-2 to permit existing 3-unit dwelling at 1382 E. Minnehaha. PLANNING COMMISSION DECISION: Approve (14 to 3) ZONING COMPIITTEE DECISION: Approve (7 to 0) STAFF RECOMMENDATION: Deny SUPPORT: 1 person testified OPPOSITION: None Dear Sir: On November 4, 1982, the Zoning Committee of the Planning Commission held a public hearing on this rezoning. The petitioner was present to testify and answer questions. He testified that the buildinc� has been a 3-plex for 25 years. There was testimony by Ron Wagner of District 4 in support of the rezoning. Mr. Gdagner said that the building is compatible with the neighborhood and other high-density buildings in the area. There was no opposing testimony. At the close of the hearing, the Zoning Committee voted 7 to 0 to approve the rezoning. On November 5, the Planning Commission considered the Zoning Committee's recommendation and approved the rezoning by a vote of 14 to 3. The rezoning is scheduled to be heard by the City Council on December 2, 1982. Because lec�al notice was not published in time to meet the 10-day public notification requirement, the staff is recommending that this rezoning be laid over until the City Council meeting on December 9. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely _--- ' , ��-:��`�C� Patricia N. James City Planner attachments O ZONING STAFF REPORT . � . � , l . APPLIC'ANT: WILLIAM C. JOHNSOIv DATE OF NEARING 11/4/82 2. . . . I. . . . . . . . . . . C L A S S I F I C A T I 0 N . . . . . . . . . . . . . . . . CURRENT PLANNING & ZQNING COMMITTEE BOARD OF ZONING APPEALS . Rezoning � Var�ance ❑ Special Condition Use ❑ Administrative Review ❑ Determination of Similar Use ❑ Other ❑ Change of Nonconforming Use � Other ' 3. LOCRTION: 1382 E. Minnehaha (South side between Etna and Clarence) 4. LE6AL DESCRIPTION: With easement, Lot 4, Block 1 , bJallblom's Addition 5. PRESENT ZONING: R-4 ZONING CODE REFEREPICE: Section 60.450 6. S7AFF INVESTIGATION & REPOR7: DATE 10/27/82 gY Patric�a N. James A. PURPOSE: Rezone from R-4 to RM-2 to permit existing 3-unit dwelling. B. SJFFICIENCY: Petition declared s,ufficient by Planning Division October 8, 1982. Parcels eligible: 17; parcels needed: 12; parcels signed: 14. C. PARCEL SIZE: 39' (Minnehaha) x 123' = 4,797 square feet. G. EXISTING LAND USE: 22 story structure with a unit in the cellar, and one on each floor. E. S�RROUNDING LAND USE: North : Single family residential (R-4) East: Single family residential ; vacant (Etna-Birmingham corridor) (R-4, RP�1-2) South: Sing]e famil,y residential (R-4) 4�est: Single family and duplex residential (R-4) F. ZONIFJG HISTORY: Prior to 1975 the site was zoned "A" Residence. In 1975 it was rezoned R-4. In 1958 a building permit (#75505) was issued for this site to construct a single family dwelling. At that time duplexes were permitted in the A Residence district if �� �� the lot had 60' of frontage and an area of at least 7,500 square feet. Therefore a duplex would have been illegal on this lot. The Taxation Department' s records show that in 1958 the house was assessed as a duplex, in 1972 as a triplex, and in 1982 as a duplex. G. FINDINGS: 1 . The structure has been illegal since its conversion to a duplex in 1958. The lot is also substandard, not meeting the minimum lot width in the R-4 district (40' ). The lot area is sufficient for R-4 standards only if one-half of the alley is used for computing it (5,187 sq. ft. ). 2. The petitioner purchased the structure in 1973. Assessor's records show that it was first assessed as 3 units in 1972. Petitioner states that he purchased the building without knowing that it was illegal as a 3-plex. 3. Land Use Plan policy 4.1-5 states : The city will establish criteria to allow. . . conversion of existing housing structures. The criteria will address density, lot characteristics, parking, open space, and neighborhood impact. . 4. 7he Hausing Policy Plan policy 1-8 states : Conversion of large single-family structures to two-family use will be allowed on a limited basis in city neighbor- hoods . Conversions will be restricted to prevent adverse impact on neighborhood character or extensive subdi4ision of absentee-owned properties. � 5. Pet�tioner needs the RM-2 classification in order to maintain the three units. At RM-2 density, a total of 8 rooms would be permitted. 6. ' W.ith an RM-2 rezoning, petitioner will need to obtain variance from the require- �nents for lot area ;10,000 sq. ft. ) and the side yards (15' or '-z the building he�ght for each side yard). . : WILLIAM C. JOHNSON (�9271 ) STAFF REPORT Page 2 G. FINDINGS CONT' D. 7. If the lot were rezoned to RT-1 , petitioner would be permitted to retain 2 units. The required variances would be from a 6,000 sq. ft. lot area and from 9' for each side yard. 8. The site contains off-street parking for three cars. 9. Although the structure is larger than most in the area, it is well-maintained, a'nd the three units would not appear to have a negative impact on the neighborhood. 10. In trying to determine long-range effects on the neighborhood, it would seem that such a sma11 RM-2 zoning district would have greater potential for negative neighborhood impaci than if it were zoned RT-1 . . _ . 11 . The property is presently owner-occupied. H. STAFF RECOMMENDATION: Based on findings 1 , 4, 6, 7, and 10, staff recommends denial of the rezoning to RM-2. Based on findings 3, 4, 7, 8, and 10, staff would support approval of a rezoning to RT-1 . s� �C%�c ' (p 7(y�- ✓ ✓� 7 � ' f . - � K� p.,�.�� E�� , � i ' t�``�- �.``r .�_ ; `'�� � � (' (�r�c.� � ; ;i � ����' t"` � � 1 � �-c- �'!'iTiON TO AMEND ZONING CODE `''� 'a CIT�Y OF SAINT PAUL ZONING OFFICE USE ONLY File �i Application Fee $ ,����� �4�� Tentative Hearing Date _y�J• � _ � � r r r ' , ,W ,�w Number of Lots or Size of Parcel: ! v v V`���r� �'��.� �/ —=�,� TO THE 'HONORABLE MAYOR AND CITY COUNCIL DATE�ast_r��19�_ c/c Zaning Office, 1100 City Hall Annex St. Paul; Minnesota 55l02 . Pursuant to Section 64.210 of the St. Paul Zoning Ordinance and Section 462.357 (5) of the �4innesota Statutes, __ Willi��. Tohn�on __� _ � the owner of all of the land proposed for rezoning, hereby petitions your Honorable Body to rezone the following described property: Street Address: 1382 East :iinnehaha_Avenue _______ ____�_____ ______ Legal Description:__�ith Easenent Lot 4, Block _l kTall�loms Ad�ition _�___�__ _ from a -- ��_� _ --- _�-____�---�------ �___�_ _District ` j� —a- District ' to a --------------�-`-�----------------------------- ----- '� ' ior the purpose of having the zoning co��ly_with ,�:hg.���s�u�g��he_strucSurP hac _ j -- — __not '�een chan�ed since it waS Qurchased and ?e�.�.�Q�er saayG nade r_o��P1;Pv,���ar i r _ com lied with the zonin�ordinances ���he Cj�y_9��5._�aul . �z��f!r'LCs_,����,,,__ _ �J- ,!, ��,�������G � -� I � , <.,�� .o �, �,;,-;- _..; -� : _,� ' i Subscribed and sworn to `'' `� �Y�' _________C_ � before this _�[ day �� - Williar.► C. Johnso � � � of A�us ---19 82_ - :� - .Y.. . ._ �'� le:��,mPr _------------------------- it - � - Petitioner � . - � -- ������ � . � ---- - - -- , otar Pu ic C �F�, � <,,�;,�� � '' '.;-:� e,.�-b. TINA K. 1�� _ . ,�,rp.��'-':^ Np1�zY oU6lIC—M�NNESOT/!. \ Pg�e 1 Of � r�-� - �-� DAK07A COUNTY My commission expires Dec. 31, 1987 / _ , f ` _ 4�g� �l I�L�S? � __.._ __.._. . �,.- ....r-�:.,f-..<� �_._ _ _ _ _— _ �.,...� - ,.. _ . _ . .� ����..� r.�__-,,...._ __. �. . r` - . ��` �, � ,�...�..s�va+��.,+.AqMp�t...,::......-..,.,.. .,.. .._ .. ... ... ... � � .. -.�.e -: ._... � _ _ -- � �.:..;....r*r-. _� ,. - _ t . . . � - .' ; , ; � ; ` CERTIFICaTE OF OCCUPANCY ,;'�i ,_` PREVIOUS FII.ES ZONING Q�ECK SURVEY C of 0 .'�17D.�ESSL_ � �i . , . , .:'�" Sh , �' �� I�RF, B iL�IN �ARD IN RMATION: _ . , �. CCNcTRJCTION DATE PERMIT TYPE OF STRUCTURE NLT�.�Et� OF STORIES WIDTH LENGIH HEIGHT �ARCEL CODE /: , : � � l�J (-"(' H V G. � `'� , . - o�ooc� 000� : a ; � ooc;oo�oo,� � � - � � i. � vvvvvv ; �� �� . � � � v v � I � � _ - � , � � � � G � C; � CIGOi000 � OOCOOOO�OrJ'00� vv v v v ( ' � - f AV E. ��N� � , � - � o; � o, p000000 0,� � 0 ¢ 00 0 0 ,, ,, ,, � T' � , i ; , � vvvvvv � � i � � � vvvvvv I ' I + ' � vv V V v I � OI0000 OOOOCi O � OCG40000 • � •- A�/C. �Aif�( . . , �V � � R , G � o 00 0; s�� ao � � � ��, � � , i � „ � �� � � � ' � � � C � � i � � i � �i � ' � ' L,� � . � , o 1,, i i , � . � � � i , , j t � i¢� i 4� O �i Q v 00000 � � � � � � p v v v v v v � � � ST. EG Q � '� � ' � ' � � � � O O O � �✓'J �,� , , � , � � i ' TO, vv ,� � UO Ca �J Ovv � v v z � '�'+ , , � i i � � i I ' ; i i � — `� _J _ i _ � _i_ I i _i_ i ' !E� - T> - T T � � , , , 4L � ;� pg I I i � � � i i j � � � i O � � � , � � o 0 0� o, o00o c� � o 0o m d b , o o � � � ST. A ��' �� o ; oo o ;coo 0 0000 00 00o c� p o ; o0 , � � I � � � � v � � i � � , � , ; � ; i O � _ � I I , ~ vV '� y � iNiV � o 0 0 0 0 0 0�� � q � � c� o 0 0 ' o c� c� � , �� S T. 5 � �.-- � o � o � 00000 � � o� �� � ' Q i�oo� d,c��� b � � � ,� L� �� �� �� � �° v i � � � i i � I i I► � ;� , � 'I I i i ! I I I I ` I I � __�_ J��_ ; i � i ' � i � � , � � � � � � � 1 f�TI-T-1-(-� I � T'�T � � ._.J 1 II_ J � �_ �� �� �� �� �� •� •� �L J� V V V v V V V V V V V V AREA MAP APPLIC�NT �l�) �1�iam C .� dh►�� �EGEND — -- ZONING DISTRICT BOUNDARY , �111� SUBJECT PROPERTY � PURPOSE ��'Z � n�� `� � rn^ •�� O ONE FAMILY PLAtVNING � D:STRIST� � �� ' TWO FAM{LY � FILE N0. MULTIPLE FAMILY . �-� o DATE ' O v � • A n COMMERCtAL ♦ .� �► INDUSTRIAL �aP rvo. } SCALE� 1��= 200� NORTH I� SA�h3T PAUL PLANNING BOARD V VACANT _ -- . - �- ---_.�--- -- - - - r-:a �..�__.._ _.`__. __..,,...... .. � ,�:.:;;.,.. _��c,rc:ec � . � • . • � , � , ' ' CONSENT OF ADJOINING PROPERTY OWNERS TO REZONTNG VVe, the undersigned, owners of property within 100 feet of the total contiguous descriptions of real esrtate 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: A ----• ..f +�,o Ppt�tion of William C. Johnson --�� �.^-- ----------------------- �h �" �4��- �39� � . �, .. K�a.�. � ��� . � " ��. ,,:a� � � � �� � ,,.� �;� � `�'`� (tt��,�r �'�� ��� � �.��=-� �� � ��� � � PETI"I�ION TO AMEND ZONING CODE �� �� ''"� ��F� �.r �,�9��� �,CITY OF SAINT PAUL ZONING OFFICE USE ONLY File �f Application Fee $��_�J��..�� � c� Tentative Hearing Date _ ���_�_ j r ��,r\ , ' ` '��,� Number of Lots or Size of Parcel: ., u ��r � r ���� � � , .�.._,.�°"r- - � ,!"m"��� �a__7 �. ,�, � _>_ _.. TO T�IE HONORABLE MAYOR AND CITY COUNCIL DATE ,�I c/o Zbning Office, 1100 City Hall Annex �-�����19 82 St. Paul, Minnesota 55102 Pursuant to Section 64.210 of the St. Paul Zoning Ordinance and Section 462.35 7 (5) of the Minnersota Statutes, ' W��`�'��'-'���-On ---- __�_ , the owner of all of the� land proposed for rezoning, hereby petitions your Honorable Body to rezone the following descrLbed property: Street Address: 1382 East �linnehaha_Avenue -------------- Legal Description:_ With_Ease�ent _Lot 4, _Block 1 T�Iallbloms Addition ' y ---�------------------- ---�----------------- -- ----------- from � -----------�---L--- --------------------------------- --� ' -------�------ __�__�District � --------------------- to a ,' j� ;---------------1-`-----�- ------------------------------------ District for th� purpose of havin _the zonin com 1 ._with the . tr � --$ - �-_P_Y �_._���ux��_.ih�._str.uc�ur�has.------ __ no� been chan�ed since it was purchased and Pet�.��Q� ��_�,�_ ---,---------- — � P1 i 3��.t�at ;r com.plied with the zonin� ordinance.�Qf���� 9� ��_1,������tJ� _�_ � -- -------- _ � -���---- �°''q�,.a :���.,a,., � �".�•A�,.,� F� 4w.n ,r.�, � � II �.i...rn l�.�'1�+�L �l��+e.n',�� r � \',�' Subsct�ibed ` ' � "��-��= � and sworn to � � � befor� this � daY , BY�'` -- _� ,�. ----- ---- --- �f �__Augus 19 f `' ' �� Willia�► C. Johnso � -_�_ 82_ „, . � �- .�'atle: -'t. ^ T� ._ , .. (�CTncr ...�µ �. � T ��. �- _ �.+++�-�.�_.�_._"_ ._.____�'___�_.__'_ ,y� Petitioner `°'-° -- _ _ `������ otar u ic - � �`� ' 6�~'^�a TINA K. ISAAC ��_ ;1 j;�;�� + �� ' NOTr:dY PUBIIC—MINNESOTA ' � DAKOTA COUNTY Page l of My commission expires Dec. 31, 1987 '��. r _, „ . .� �= y��i � i�r, r � 4080 _ :, r � ; 1/1/82 , '� , � _� ' STATE�pF MINidFSOTA)� - �° ���'� , . ss. ' COUAT�Y OF RAMSEY ) W. � , being first duly sworn, deposes and states that he is the person o circu ate e wit in petition and consent, consisting of pages; that affiant is informed and believes that the parties described are the owners respectively of the lots placed immediately following each name, that affiant is informed and believes that each of the parties describ�d above is the Qwner of property which is within 100 feet from any property owned hy petitioner or sold by petitioner within one (1) year preceding the date of this petition which is conti�guous to the property described in the petition; that except for none of the parties described above has purchased or is purchasing property rom peti ioner contiguous to the above described property within one (1) year of the date of the petition; that this coi�sent was signed by each of said owners in the presence of this affiant, and that the signatu�res are the true and correct signatures of each and all of the parties so described. 1382 Eas � ddress 778-8344 e ep one umber Subscribed and sworn t bef re me this � day of " , 19�2 0 r,�w� T1NA K. [SAAC ' � ��':i NOTARY PUBLIC—MINNESOTA 'm�� DAKOTA COUNTY My commission expires Dec. 31, 1987 � ����ING FIL� 9-a?�__ Appr�ved as to form - Feb. 80 Plarrning Department Page of � � ' _.� �q .�,,,_._..,..w..M..aws��3�14wA�.�i��14�m���k�4��1FMi«w , ..��.��:.�E. ,.,,.��b ,. . , . ' � ' ' � � . � . _ � � � 2nd �St � _ l �_ � - � � ` �� Adopted 3rd � Nays Yeas FI,ETCHER LEVINE r�,saxz ���6�J i � NICOSIA SCHEIBEL � / p� / . �D / WILSON �, pRESIDENT TIDESCO