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277813 WMITE - r CITY CLERK � COUIICII �����r PINiC - FINANCE C/kN�/►RY - DEPARTMENT G I TY O F SA I NT PA LT L BLUE - MAYOR File � N O. • p� Or in�nce Ordinance N0. � (1 �P � � ! 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 �I� zoning maps thereof. WHEREAS, Pursuant to Minnesota Statutes § 462. 357 and � 64.2101 of the Legislative Code, Roy and Elizabeth V�agner duly petitioned t�o rezone Lot 9, Block 2, subject to Parkway; Lots 10, 11, and 12, ' Block 2, except the north 40 feet to the City; Lots 13 and 14, Block 2, all in �;umphrey' s Addition, located on the southeast corner of Como and Western, from B-1 and RT-1 to B-3 for a used ' motorcycle business with no outdoor storage, the petition having been certified by the Department of Finance and Management Servicesi on August 26, 1981 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-thirds of the owners of II the property situated �aithin 100 feet of the total contiguous de- scriptions of real estate held by the same awner or any party purchasing any such contiguous property within one year preceding � the date of the petition; and VJHEREAS, The current Zoning Committee on October 1, 1981 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 recommendation to the Planning Com- I mission that the petition be granted; and ' I V7HEREAS, The Planning Commission considered the rezoning , petition at its meeting held on October 8, 1981 and recommended ' that the City Council approve the petition, and � ' WHEREAS, Notice of a public hearing before the City Council I on the said rezoning petition was duly published in the off icial ' COUIVCILMEN Requested by Department of: Yeas Nays Hunt Levine { — Maddox In Favor McMahon �! Showalter A gains t BY i Tedesco I wlson � Adopted by Council: Date Form Approve Att ey I Certified Passed by Council Secretary By � I I By Approved by Mayor: Date Approved b M�or for Submission to Council I By BY � I WMITE - CITY CLERK (����-� PINK -JFINANCE /. L CAJVARY - DEPARTMENT G I TY O F SA I NT PA LT L COUIIClI N f BL�JE - MAYOR � Fll@ N O. Ordin�nce Ordinance N 0. �J� Presented By � Referred To Committee: Date Out of Committee By Date newspaper of the City on November 7, 1981 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 re- zoned; and � WHEREAS, A public hearing before the City Council, having bee�p conducted on November 19, 1981 where all interested persons were heard, and the Council having considered all the facts and recom- ' mendations concerning the petition; now, therefore, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. That the zoning map of the City of Saint Paul, Sheet Pto. 12, as incorporated by reference in Section 60. 301 of the Saint Paul , Legislative Code, as amended, is hereby further amended as follows:l That property located on the southeast corner of Como ' and Western, being more particularly described as Lot 9, ' Block 2, subject to Parkway; Lots 10, 11, and 12, Block 2, except the north 40 feet to the City; Lots 13 and 14, Block 2, all in Humphrey' s Addition, be and is hereby rezoned from B-1 and RT-1 to B-3. ' Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. -2- COUNCILMEIV Requested by Department of: Yeas Nays Hunt �evine _�_ [n Favor —` Maddox McMahon ; Showaiter � Against BY I Tedesco �Ison i �C 3 1, ��� Form Approved b i Attorney Adopted by Council: Date i, Certified Pa d Cou cil ret BY � ; � App by Mayor: D t � -C� �g�1 Approved by ay-or for Submission to Council '� By �����En J A N 9 1962 � � lst � � p� �� . 0 2nd /� - 3rd � _ t _ — ��G '� ?�'� Adopted ��.,�-- �, ` 0 � ( Yeas � �� � � Nays H�T /� �� � ' LEVINE M�rraxOV �/'���� SHOWALTER ' � �` TEDESCO ' ft ! WILS ON � PRESIDENT � � �MADDOX) ' � ,� � �ONING STAF����/ED � +�Q r� �7�9 �r1 !C7�.2D 9Q06 I,`(;! � ' 1Q�1 ] . APP�ICA��'1�: �UY & ELTZA6ETN WAGNER DAT� OF HEARING' 10 1 81 2. . . . . . . . . . �. . . . . C L A S S I F��TG� �1�����i�P-�Y. . . . . . . . . . . . . . CURRECJT PLANNING & ZONING COMMIT7EE BOARD OF ZONING APP�ALS Rezoning � �] Var�ance � Special Ccndit7on l.lse ❑ Administrative Review ❑ Determi na Lion of' Sim�i i ar iJse ❑ Other � Change �f Nonconforming Use ❑ Other � 3. LOCATION: 378 Como (Southeast corner Como and Western). 4. LEGA� DESCRTPTION: Lot 9, 8k. 2, Subj, to Parkway; Lots 10, 11 , & 12, Bk. 2,, Except the ��i. 40' to the City; Lots 13 & 14, Bk. 2, all in Humphrey'� Addition. 5. PRESENT ZONING: B-1 & RT-1 ZONING CODE REFERENCE: Section 60.540 6. STAFF INVESTIGATION & REPOR1": DATE 9/22/81 gY Donna M., Daykin � A. PURPOSE===Rezone from B-1 andYRT-1 to B-3 for a used =-=-==-=-=--==---=-====-�__________ motorcycle business (no �utdoor sale� B. SUFFICIENCY: Declared sufficient by Finance Department on August 26, 1981 . parcels e1 i9i— lb� e:-14; Parcels needed: 1�0; Parcels signed: 12. C, PA�2CEL SIZE: 12,720 square feet (Excludes a 40' frontage adjacent to Como Av�nue on Lots 10, 11 , 12, 13, & 14, owned by the City of St. Paul ) . ! D. SITE & AREA CONDITIONS: The site is occupied by a commercial structure selli►�g used motorcycles. Surrounding land uses include A-1 auto parts and the ice arena �o the west (.I-1J , railroad tracks , warehouses and other industrial uses to the north (I-�) and east (I-1 & 2� , and residential property (RT-1 ) to the south. The residential are� south of the site is part of the Arundel-Galtier ITA. E, ZONING HISTORY: A "Determination of Similar Use" to allow a rental storage b�siness on Lots 3��of the site was denied by the Planning Commission on Oc��ber 24, 1980. In 1922, the site was zoned "C" Resic�enr_,e. By 1937 , tt�e ccfr�r �f the int�rsecti��n i•i<<s zoned commercia� and the adjacent lats to the east were zoned "C" residence. IBy 1971 , the corner was zoned light industrial and the adjacent lots to the east were �oned "C" residence. In 1975, the corner was designated 6-1 and the adjacent lots RT-1 .� The corner• has been occupied in the past by a filling station (1920s) and a dry cleaninglestablishmen (1950s to 1979) . F, FINDINGS: ' 1 . The site is occupied by a commercial structure built in 1938 and formerly lused as a drycleaning business. 2. The applicant intends to expand the existing structure for use as a used m� torcycle business. The motorcycle business previously operated at A-1 Auto Parts a�t the south- west corner of Como and Western. 3. The Land Use Plan encourages the reuse of existing commercial structures (p. 27) , the maintenance of the supply of commercial land (p. 26) , and support for the �xpansion efforts of existing businesses (p.24) . � 4. The site's location is appropriate for QP_1?Q!^�1 ����a;��;�; �;e. indusiriaily zoned p��per��cy i s i ocat�c� on three s i des of i:he s i te. 5. The sit� has been in two zoning districts since 1925. Rezoning the site tq one zoning district is appropriate to unify the site. 6. A 40' frontage on the site was acquired by the City of St. Paul prior to 1 28 for the future widenirig of Cor�►o Avenue. This easement prohibits construction of ar�y structure c;n the 40' frontage. � T��cr n:- �� I u. S�r� r KtCvilitlENDhTIOiV: �ased on find;ngs 3, 4, and 5, ��taff �ecommends a�proval� of the rezoning ta B-3.�� Zow ' �Ut� �Zbl�t�. C�, � l�l�� "� . . Q'�'� �. << �-, IqB 1 {�puNN� ���I� � , � I i