00-697aR�G�NA�
RESOLUTION
CITY OF
Presented By
Refened To
PAUL, MINNESOTA
(�
Comsnittee: Date
WHEREAS, Lubauitch Yeshiva of Minnesota, in Zoning File No. 00-117-375, made
application to the Saint Paul Planuing Commission [hereinafter "Commission"], for a
Determination of Similar Use pursuant to the provisions of Saint Paul Legislative Code § 64300,
Subpart (g) for property commonly laiown as 225 Wilder Street North and legally described as
set forth in the zoning file noted above; and
8 WHEREAS, the Zoning Committee of the Plauning Commission conducted a public
9 hearing on February 17, 2000, after having provided notice to affected property owners, and at
10 the conclusion of the staff report and the public testimony, moved to further continue the matter
11 to March 2, 2000, for the purpose of re-examining similar use issues on the provisions of Saint
12 Paul Legislative Code § 60.532, Subparts (2), (c), (g) and (k); and
13
14 WHEREAS, on Mazch 2, 2000, the Zoning Committee took additional testimony
15 conceming similaz use and further continued the matter to Mazch 16, 2000, to allow additionai
16 analysis of the application under the similar use provisions of Saint Paul Legislative Code
17 § 66.201; and
18
19 WHEREAS, on March 16, 2000, the committee submitted a recommendation to the
20 Commission. The Commission, by its Resolution No. 00-22, decided to deny the application
21 based upon the following findings and conclusions
22
23 1. Lubavitch Yeshiva of Minnesota is a private non profit rabb'vnical studies school. The
24 school operates 9 months a yeaz with a summer recess and religious holiday breaks in April and
25 September. The school's five instructors provide rabbinical studies to a class of approximately 15
26 male students between the ages of 15 to 19. The typical class term lasts about two months.
27 Class hours are 730 am to 830 p.m. Sunday through Thursday and 730 am to 11:00 am on
28 Friday. Most students board at the school facility. The faciliTy at 225 wiider has eight
29 bedrooms. Five bedrooms are on the second floor, two in the attic and one in the basement. The
30 main floor is used for lecture, study and dininu�kitchen activities.
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32 2. Section 64.300(g) of the zoning code states, "when a specific use is not listed in the
33 district the plamiing commission shall determine if a use is similar to other uses permitted in
34 each district. The plam�ing commission shall make the following findings in determining
35 whether one use is similar to another:"
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a. That the use is similar in character to one or more of the principal uses permitted. 0 O— f.°t 1
This finding is not met. The B-2 Community Business Aistrict is intended to serve the needs
of a consumer population larger than that served by the Local Business District, and is
generally chatacterized by a cluster of establishments generating large volumes of vehiculaz
and pedestrian traffic. In addition to all OS-1 and B-1 uses, principle uses pernutted within a
B-2 district consist of retail sales within a building service businesses with a showroom or
workshop, restaurant and bars, food catering, private clubs, theaters and assembly halls,
business schools, nonacademic colleges or trade in general education, schools and public,
parochial and other private elementary, junior high or high schools offering courses and not
operated for profit.
No sunilarity has been found between the above B-2 uses and the applicanYs use for the
following reasons:
Section 60.532(2)(c) identifies "Private clubs, fraternal organizations, liquar licensed
establishments and lodge halls" as pernutted uses in a B-2 district. The uses within this
section are primarily social fraternal in nahue and are dissimilar to the educational
boardinghouse use that characterizes the applicanYs activity at 225 Wilder.
Section 6Q.532(2)(g) identifies as permitted B-2 uses "Colieges, universiries, and seminaries,
and other such institutions of higher learning, public and private, offering courses in general,
technical, ar religious education and not operated for profit; provided, that:
1. Dormitories or other group student housing shall not be permitted within the district;
2. When an institution is established in the district, the institution shall be required to
provide the muvmum number of off-street pazking spaces for employees, staff, or
students as set forth in section 62103(g). The institurion shall be required to provide
additional parking spaces only when the minimum number of parking spaces will have to
be increased due to a more than ten (10) percent or three hundred (300) gain in the total
number of employees, staff or students, whichever is less. Thereafter, additional parking
spaces will have to be provided for each subsequent gain of more than ten (10) percent of
three hundred (300) in the total number of employees, staff or students; and
37 3. To determine compliance with parking requirements in item 2. Above, the institution
38 must file an annual report with the planning administrator stating the number of
39 employees, staff and students associated with the institution."
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The educational uses withiu this section are distinctive in that they focus on institutions of
higher learning. If one were to conclude that the applicanYs use met this defmifion, the
implication would be that the applicanYs use could only be found snnilar if they ceased their
boazdinghouse activity as required in subsection (1) above. Therefore, the applicanYs
combined educational residential use would be clearly inconsistent with this section and its
required condirions.
Section 60.532(2)(k) idenrifies "Public, parochial and other private elementary, junior high or
high schools offering courses in general educarion, and not operated for profiY' as permitted
uses within a B-2 district. The applicanYs use in not similar to this section because, first, the
code does not specifically permit a school, whether public or private, to ha�e "on campus"
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2 student housing in B-2 districts. Because the zoning code is silent with respect to pemutting
3 on-campus student housing at a junior or senior high school while specifically prohibiting on-
4 campus housing at colleges in B-2 districts, this use, due to its on-campus student housing, is
5 not similar in chazacter to a permitted use and seems more similar to a prohibited use.
6 Second, this is not a boarding house and it is not a mixed commercial and residential use.
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The testimony shows the proposed uses aze one in the same, not sepazate.
Finally, if the principle use of the house is a school, the Code does not address or even appear
to contemplate that student housing is an accessory use "cleazly incidental" or "customarily
found in connecfion with" schools in B-2 districts. The same holds tnxe if the principie use of
the house is either student housing or a boazding or rooxning house with a school as an
accessory use.
b. That the traffzc generated by such use is similar to one or more of the principat uses
permitted.
This finding is met. The traffic generated by the proposed use is similar if not less than most
uses in a B-2 district. The h�affic generated by the school will consist primarily of instructor
and some student trips. The low traffic volumes generated by the school make it comparable
to smaller scale office and workshop activities. Other B-2 uses such as retail establishments,
restaurant, private clubs and theaters would have traffic volumes that exceed the school
activities.
c. That the use is not fzrst permftted in a less restrictive zoning district.
This finding is met. "High schools" are first permitted in the R-1 district and "schools" are
specifically identified in the B-4 district. High schools with boarding are not specifically
identified.
d. That the use is consistent with the comprehensive p1an.
This finding is met. The 1499 Land Use Plan, policy 5.1.1, highlights the following urban
village principle, "Good neighborhoods have commercial, civic, and institutional activity
embedded, not isolated in remote, single-use complexes."
WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Lubavitch
Yeshiva of Minnesota duly filed with the City Clerk an appeal from the determination made by
the Plauning Coxnmission, and requested that a hearing be held before the Saint Paul City
Council, hereinafter "Council", for the purpose of considering the actions taken by the said
Commission; and
WHEREAS, acting pursuant to Legislative Code § 64.206 through § 64.208 and upon notice
to affected parties, a public hearing was duly conducted by the City Council on May 10, 2000,
where all interested parties were given an opportunity to be heard; and
WfIEREAS, the Council, having heard the statements made and having considered the
application, the report of staff, the record, minutes and resolution of the Zoning Committee and
of the Planning Commission, does hereby;
2 RESOLVE, that the Council of the City of Saint Paul hereby reverses and modifies the b0 - 6qR
3 decision of the Plauuing Commission in this matter based upon the following findings of the
4 Councii. The Council finds that the Plamiing Commission erred in its detemvnation of similar
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use of the Lubavitch Yeshiva facility for the following reasons:
1. The educational activities and the age of the students at the Lubavitch Yeshiva facility aze
more sunilar to a private lugh school which is a permitted use in a B2 zoning district.
2. The Lubavitch students do not bring the types of problems that post-secondazy educational
institutions might bring to a neighborhood: increased automobile tr•a�c; pazking problems;
or large or loud parties where alcohol might be served.
3. Because Lubavitch students attend a private high school which is a permitted use within the
B2 zoning distdct, it is fiuther the finding of the City Council that the residential aspect of
this use is "cleazly incidental" to the main use of the house, which is a private high school.
The residential aspect is incidental to the school. It is not unusual to have private schools or
academies offer on-campus residential housang to students, even if such a use is not
specifically permitted under the Saint Paul Zoning Code; and be it
FURTHER RESOLVED, that the appeal of Lubavitch Yeshiva of Minnesota be and is
hereby granted, subject to the imposition of the following conditions pursuant to § 64300,
Subpara (e) and are made for the purpose of protecting adj acent property owners and the students
and faculty of the school:
1. That the building's interior, exterior and grounds shall be maintained in conformance with
the applicable provisions of Legislative Code Chapter 34 pertaining to minimum properry
standards; and
2. That the building be immediately inspected for compliance with the applicable provisions of
Legislative Code Chapter 33 pertaining to Certificate of Occupancy/Code Compliance and
that the building be maintained or brought into conformance with such building and life
safety codes as recommended by the Division of Fire Prevention.
3. That there be adult supervision at all times.
4. That the facility observe quiet hours from 10:00 p.m. unti17:00 a.m.
5. That for purposes of outdoor recreation, the students use the nearby public pazks and
piaygrounds.
6. The Merriam Park Community Council convenes an advisory group to meet bi-monthly to
work with the Yeshiva on issues of common concern.
Failure to comply with these condirions shall be grounds to revoke this Similar Use
Determination; and be it
i
2 FTNALLY RESOLVED, that the City Clerk shall mail a copy ofthis resolufion to
3 Lubavitch Yeshiva of Mivnesota, the Zoning Administrator and the Saint Paul Planning a ��,�
4 Commission.
5
ORIGlNAL
Requested by Department of:
Hy:
Foxm App d by City Attorney
B ,�G.il1�--_
Approved by Mayor for Submission to Council
By: �/ � g�,
Approved by Mayor: Date � 7 Gbt/i/
By:
�
Adopted by Council: Date ��
Adoption Certified by Council Se tary
�-._
City Council
7NTAC7 P92SON & qiONE
Councilmember Benanav 266-8640
�, �� � July 26, 2000
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Memorializing City Council action taken May 10, 2000, granting the appeal, with conditions,
Lubavitch Yeshiva of Minnesota to a decision of the Planning Commission concerning a
determination of similar use application for a high school boarding use at 225 North Wilder
Stxeet.
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Interdepartmental Memorandum
CITY OF SAINT PAUL
,
DATE: July 17, 2QOQ
TO: Nancy Anderson
FROM: Peter Warner �
��cESV��
�u� ; s 2�u
1ERRY BLAKEY
RE: Lubavitch House Determination of Similar Use Apgeal
Nancy, attached please find the resolution granting the Lubavitch House appeal from the Planning
Commission's denial of Similat Use. Since the Council granted the appeal, I put the matter on the
bottom of my list of things to do. Unfortunately, with all of the other things that went on in the last
couple of weeks, Lubavitch kept sinking to the bottom. Would you please place it on the council's
consent agenda at your convenience. Thanks. PWW
DEPARTMENTOFPLANNING
& ECONOMIC DEVEIAPMEIVT
•r .'
I�
CITY OF SA�IT PAUL
Norm Cdeman, Mayor
Apri121, 2000
Ms. I3ancy Anderson
City Council Research Office
Room 310 Ciry Hall
Sa3nt Paul, Minnesota 55102
Dear Ms. Anderson:
Diviuon ofPlanning
25WestFourthSbeet
SaintPau7, MN 55102
Telephone: 612-266656�
FacsPmtte: 612-228-3314
I would like to confirm that a public hearing before the Ciry Councll is scheduled for Wednesday
May 10, 2000 for the purpose of considering the Lubavitch Yeshiva of Minuesota's appeal of a Plani�iug
Commission decision denying it a detem�ination of sitnilar use apptication for a high school boazding use at
225 North Wilder Street.
Applicant:
File Number:
Purpose:
Address:
Legal Description
of Property:
Previous Action:
Lubavitch Yeshiva of Minnesota
#00-H�7-333^ t �1� G 1 �
Appeal of a Planniug Commission decision denying a determination of sunilaz use
application for a high schoo] boarding use.
225 North Wilder Street.
See file.
Plaiming Commission Recommendation: Denial, vote: 11-4, March 24, 2000.
Zoning Committee Recommendation: Denial, vote: 5-1, March 16, 2000.
My understanding is tlaat this public hearing request will appear on the agenda for the May 10, 2000 City
Council meeting and you will publish notice of the hearing in the Saint Pau1 Legal Ledger. Please call me
at 266-6554 if you have any questions. '
S�ncerely,
,� � c'�rW. ,�Y�
! �ames Z o
��City Pl ' r
cc: File #00-ll7-484
Paul Dubnxiel
Carol Martineau
Allan Torstenson
Wilhelm Nachman
�ursrxrnv
xo'rn� oF �teaaC �an�G
1Le semc raui cny councu win �onduct a
hearinrg un Wcdnesday, May lA `N�, at 5:3Q
pm m the Crip Copncil CI�amLers. Thix�d F7oor
C1t9 Hall. 15 West %ello$g Boulevazd. Sainf Paw1.
M23. to consider the appeal of Iu6aKtch YesLNn
of Mipncsota W a decision ,of the Planning
Commis.4lon den5'Ing a dPr.T..�t.,=H.,.� of slmllar
use application for a hiqh sr.tiool hpattllng use at
225 North Wilder Srieet .
vaaa: n zs, a000
' NANCYANDERSON,
Assiet'dd[ CYiy Cotincll 5ec:etary
(May 2)
6C PAOb LEC.AL IEpC�R
O'1008299 � . .
%
DEPAR'fMENT OF PLANNING
� ECA230MIC DEYEIAPMENT
�INT
AUL
�
AAAA
CTTY OF SATNT PAUL
Norm Coleman, Mayor
May 1, 2000
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
RE: Zoning File #00-124-612
Ciry Council Hearing:
�n�on olPt�.,�
25 WettFourth Sveet
SointPauC MN 55702
Lubavitch Yeshiva of Minnesota
oo-cs9 Z
Telephone: 611-2666565
Foaim�2e: 612-12&3314
May 1Q, 2000, 5:30 p.m, to 6:30 p.m., Ciry Council Chambers
Pu ose: Appeal a planning commission decision denying a detemvnation of similar use appiication for a
high school boazding use at 225 North Wilder Street.
Plannine Commission Recommendation: Deny, vote: 11-4, Mazch 24, 2000
Zonin� Committee Recommendation: Deny vote: 5- 1, Mazch 16, 2000
Staff Recommendation: Approve.
Public Hearine Supnort: One individual spoke in favor of the use.
Public Hearine OoDOSition: One resident spoke agains[ the use.
District Council Recommendation: The Merriam Pazk Execuuve Committee recommended the properry be
zoned as a boarding house.
Dear Ms. Anderson:
This appeal is scheduled to be heard by the City Council on May 10, 2000. Please notifi• me (266-6559) if
any member of the City Council wishes to have slides of the site presented at the public hearing.
Si^cerely,
� A1rw9. �.0� \
ames Zdo
City Planner
cc Citv Council members
-_)
city of saint paul
planning commission resolution
file number oo-2z _
�
March 24, 2000
WHER£AS, Lubavitch of Minnesota (File 00-117-375) has applied for a
Determination of Similar Use to a12ow a private high school with boarding at
225 Wilder Street North; and
D.IiEREAS, the Zoning Committee of the Planning Commission o.; 02/17/00 held a
public hearing at which a12 persons present were given an onportunity to be
heard pursuant to said application in accordance with the reauirements of
Section 64.300 of the Saint Paul Legislative Code; and
WtiEREAS, Saint Paul Planning Commission, based on the evicence presented to
its Zoning Committee at the public hearing as substantially refleeted in the
minutes, made the following findings of fact:
l. Lubavitch Yeshiva of Minnesota is a private non pro'_it rabbi�ical
studies school. The school operates 9 months a yez: kith a summer
recess and religious holiday breaks in Apri1 and Se?tenber. The school's
five instructors provide rabbinical studies to a cless oi ap�roximatel}
15 nale students between the ages of 15 to 19. The typical class terr.�
lasts about two months. Class hours are 7:30 am to 8:30 pm Sunday
through Thursday and 7:30 am to 11:00 am on Friday.
Most students board at the school �acility. The facilitv a= 225 wilde_
has eight bedrooms. Five bedrooms are on the seconc '1ocr, t:.ro ir_ the
attic and oae ir the basement. Th= main £loor is csed 'or '__cture,
study and dining/kitchen activitie�.
2. Seccion 64.300(a) of the zoning code states, "w:zen = s�ecif'_c use is -��
listed in tne district the plannirg commissioa snzi: c_:ern:-e i' a use
is similar to other uses permittec in each cistrict. T�e p'_�aning
com;aission shall make the folloxing findings in dec_r�_c_nc :.nethe= o�e
use is similar to another:"
a. That the use is similar in character to oae c= ro_e o` the
principa2 uses permitted.
This finding is not met. The B-2 Commuaity Bus_::ess Dis=zict is
intended to serve the needs of z consumer pooula=io- larc=r than tn>�
moved by
seconded b��_
in favor 1 �
- against .�-
Field
11 (corrected 4/4/00)
cx�-(��i7
Section 60.532(2)ik} identifies "Public, parochia? a::d o�her private
elementary, junior high or high schools offerir.g co�rses ir. general
education, and not operated for profit as permitted uses .:ithin a
g-2 district. The apolicant's use in not similar to this section
because, first, the code does not specifically pe^.-=t a s=nool,
whether public or private, to have "on campus" stuc=:t hoLS:ng in B-
2 distzicts. Because the zoning code is silent witk: res�_ct to
permitting on-campus studen=o °bitingaoracampusrl:oussnglat cogleges
school while soecifically p -
in B-2 districts, this use, due to its on-campus stud_nt k:ousing, is
not similar in character to a permitted use and see-s more sinilar
to a prohibited use. Second, this is not a boardine house and it is
the proQosedcusesrarelone inetheesamel not separzteestimoa�• shows
Finally, if the principle use of the house is a schcol, the Code
does not address or even appear to contemplate that stud_at housing
is an accessory use "clearly incidental" or "customarilv :ound in
connection with" schools in B-2 districts. The sar„e holcs true if
the principle use of the house is either student ho�sing or a
boarding or rooming house with a school as an accessory Lse.
b. That the traffic generaLed by such use is sir.:_'lar to e-e or more
of the principal uses permitted.
This finding is met. The traffic generated by the pr000=_e3 use is
similar if not less rhan most uses in aimasilysoric^stru:toraande
oenerated by the school will cor.sist pr -
some student trios. The 1ow traf=ic volumes gene=a=ed �r tne school
make it comnarable to smaller scale ofiice and xor:=':io? ==�i�•ities.
Other B-2 uses such as retail establish�ents, xes�a�.:=a•^•=• Pr=vate
clubs an3 theaters would have tYaffic �•olumes t:^ac _:<cee_ the schoo_
activities.
__- =_ve zoni-=
c. inat the use is not firs� g°::.�ittec 'n a iess =_-----
distrzct.
This finding is met. "High scnools" are first �err..=tt`-=_'_n� the P.-=
districc an3 "schools" are specificall:� ider,=i'_`_ed '_^ c_.
district. High schools with boarding are not s:_c�=-�z=-:'
identified.
d. That the use is consistent wzth th° compreh=_-si':e P-='•
This finding is met. The 1999 Land Use Plar., �olic;� 5._.1,
highlights the following urban villag° princio-_, "���=
neighborhoods have commercial, civic, aad inst_tut=o•^•=- activity
embedded, not isolated in remote, sina'_e-us_ r_ag-e'+'-=-
-_..> >_=,aaing
Therefore, Be It Resolved, based on fincina 2a the Sa'_-: =-- -
Conmissioa d_nies the a?plicat_on £or z Deterrt-r.atio:: c= 5^--��.= ��=e to al'-=
a priva�e hi
gh school ��ith boarding at 225 %�1�='-= S""' `•`-__'
Zoning Committee Minutes
March 2, 2Q00
File #: 00-117-375
Page 2
boardinghouseactivitiesassociatedwiththeuse. Section60.532(2)(K}doesnotspecificaAypermit
student housing associated with private high schoals. In evaluating this special condition use
permit application, the Zoning Committee could consider whether the student housing meets the
definition of accessory uses in Sec. 60201 of the Zoning Code. Is the student housing a use wfiich
is clearly incidentai to and customarily found in connection with private high schoots?
At the question of Commissioner Gordon, Mr. Wamer asked the Zoning Staff to get exampies of
other situations, i.e.,: Christ Household of Faith.
Commissioner Morfon withdrew her motion and made a motion to lay over Yhe determinafion of
similar use to March 16, 2000. Commissioner Gordon seconded it.
Commissioner Gordon asked the Zoning Staff to reexamine Section 60.532(Z)(c) pertaining to
clubs and fraternities. Determine what the definition of private dubs means and if it includes private
clubs that permit members to reside there.
Commissioner Morton asked for examples of other similar uses in the City of St. Paut.
Commissioner Kramer made a motion to extend the deadline for aciion of the Similar Use for 60
days. Commissioner Faricy seconded it, and it passed unanimously.
Adopted Yeas - 5
Drafted by:
Nays - 0
Submitted by:
Approved by:
(�.CI A "V /�.�Ck A�-Q./�f l
Carof MaRineau
Recording Secretary
ames Zdon
�}Loning S��on
���� �
Dannis Gervais
Chair
rr .•
Zoning Committee Minutes
February '17, 2000
File #: 00-117-375
Page 2
Occupancy obtained. Mr. Strand also stated that the property has been on the market for 2 years,
they are having a hard time seliing it because of the poor condition of the building and the high
asking price.
Upon inquiry of Commissioner Nowlin, Mr. Strand explained the nonstop use of the outside area
for recreation with no limited time struciure, the combination of school, boasding and age of the
students puts a constant pressure on the neighbofiood.
Ms. Ageline Berretta Herman, representative of Merriam Park Buiiding and Land llse Committee,
appeared and stated they are requesting a tay over because of the many concerns of the
community.
Mr. Singer approached and stated Mr. Strand wanted to purchase the propecty and didn't qualify
and that is why he stated the price of the property was too high. He also noted that Ms. Herman's
husband is a St. Thomas facuity member who tried to buy the house for St. Thomas use.
Commissioner Gordon stated he had concerns pe�taining to the similarity of the proposed use to
other uses permitted in the B-Z district. Section 60.532 Sub 2 Sub C provides for private clubs,
fraternal organizations; Su6 G provides for coileges, universities, seminaries and othes such
institutions of higher learning, pubiic and private, ofEering courses in generai, technicai or religious
education and not operati�g for profit; provided that dormitories or other group student housing
shall not be permitted in the district; Sub K provides for public, parochial and private elementary,
junior high or high schools offering courses in general education, and not operating for profit. If
the school is offering courses in retigious education, and is thus similar to seminaries offering
courses in religious education allowed under Sub G, then student housing is not permitted.
Commissioner Gordon moved to 1ay overthis case until March 2, 2000, so the issues of similar use
could be raexamined in regards to Sub C, G, and K. Commissioner Faricy second it.
Lay over to March 2, 2000 Yeas -5 Nays - 0
Drafted by:
Submitted by:
Approved by:
i:�—� �2 u�c.�.clJ
Carol Martineau
Recording Secretary
J mes Zd n
� oning S " n
��...��� -
Ri hard Kramer
Chair
DEP,�IRT4IEAT OF P[A\'�1\G
Bc ECO�iOtIIC DEVE[AP\[E\T
Bnun Sweeney, Dmector
CITY OF SAII�]T PAUL
Norm Coleman, blayor
ZSiYestForrrthStreet Telephor,¢:651•1666655
SaintPaul,.�N55102 Facscm+Ie:65f-228-33l;
March 7, 2000
To: Zoning Committee
From: Jim Zdon
Re: Lubavitch Yeshiva ofMinnesota, File No. 00-117-375
At the Mazch 2, 2000 committee meeting, the zoning committee asked staff to further im�estigate
this Determination of Similar Use application in regard to Section 60.532 (2) (c) and second,
research examptes of Saint Paul schools that have a boardin; use.
Section 60.532 (2) (c) identifies "Private clubs, fratemal organizations, liquor licensed
establishments and lodge halls" as permitted uses in a B-2 district. Staff in its February 23, memo
concluded that the uses within this section are primarily social fraternal in nature and are dissimilar
to the educational boardinghouse use that characterizes the applicanYs activity at 225 �t'ilder. The
committee, however, asked staff to further research this particulaz section because some fratemal
uses, e.g. fratemities and private clubs provide member lod�ing .
Tn its review of this section, staff believes that "fraternal or�anizations" were not contemplated to
include educational fraternities. This is based on the code's definition (section 60.203,C) of
"college, university or seminary." uses which specifically includes fraternities and sororities. As
outlined in stafPs February 23 memo, residential uses (dormitories, fratemities and sororities)
associated with cot[eges, universities and seminaries are specifically not permitted in a B-2 district.
It would be inconsistent within Section 60.532 (2) to a(low fraternity residentia! uses under
subsection 60.532(2)(c) and specifically disallow it under subsection 60.532{2)(g}.
In regard to private clubs that may provide lodging, the only reference within the code to a similaz
ase is in the B-4 district, Section 60.552(t) where "HoteIs, moteis and ciubs used primarily for
transient occupancy" is identified as a permitted use. The "transient" characteristic in this use,
however, is cleariy dissimilar to the school yeaz boarding characteristics of the applicanYs activity
at 225 wilder.
Examples of other educational boarding facilities in Saint Paul were not fouad. While reference
�vas made to the Christ Household of Faith facility at 355 \Zarshall Avenue, that facilit}� is not
similar. The six acre facility is located in an RM-2 district and consists of a K-12 school of 161
students and residential apartments. The schooi is located in one buildin� wins and is a� :nded by
students n=ho tive both on and off site. In another wing, there are approximatel�� fifteen ��artments
that house communal families. Within RM-2 districts, residenTial apartmenTS and K-12 rrivaTe
non profit schools are specified as permitted uses.
CX�-l�,�/ 7
Interdepartmental Memorandum
CITY OF SAINT PAUL
DATE: March 2, 2000
TO: File
FROM: PWW
RE: Determination of Similar Use. Uses permitted in B-2 district similar to the Lubavitch
Yeshiva. Zoning Committee Hrg. date: 3-2-00
Similaz use determinations are made pursuant to Leg. Code § 64.300(g). A"similaz use"
determination is dependent upon whether the proposed use is of similar nature as a principat use
otherwise permitted in the zoning district. [Leg. Code § 64300(g)(1)} (emphasis added)
The committee asked that staff and the CAO look at this similar use application in light of three uses
specifically permitted in B-2 zoning districts. Those three uses were:
i. Private clubs, fratemal organizations, liquor licensed establishments and lodse halls.
[66.532(2)(c))
2. Colleges, universities and seminazies, and other such institutions of higher learning, public and
private, offering courses in general education, technical, or religious education and not operated for
profit: provided, [in pertinent part] that:
- 1. Dormitories or other group housing student housing shall not be permitted
w�ithin the district. [60,532(2)(g)(1)]
3. Public, parochial and otherprivate elementary, juniorhigh or seniorhigh schools offering courses
in general education, and not for profit. [60.532(2)(k)}
The provisions of Leg. Code § 60.532(2)(c) which deal with private clubs, fratemal organizauons,
etc., do not appeaz to be applicable given the facts supplied in the staffreport and for that reason, the
CAO saw no reason to further analyze that definition under this appiication. PED staff made a
similaz determination.
Lubavitch Applicarion File Memo
Mazch 2, 2000
Page 3
This conclusion should be more fully explored with the applicant for the following reasons:
First, the finding is easily interpreted as resting on the premise that the applicanYs boazding house
use is "separate" from that of tfie applicant's schooI use. Legislative Code § 60.522(8)(a)-(b)
coaiemplates mixed residential and commercial uses subject to the conditions stated therein. Tfris
language indicates that the uses are sepazate from one another. However, the application makes it
cleaz that the proposed uses are virtually one in the same. Moreover, under the mix of principal
commercial and residential uses aliowed in B-2 districts as regulated under B-1 regulations, is the
boazding house "residential" and the school "commercial"? If so, the school wouId operate in
vioTation of the protribition against operating schools for profit in Legislative Code § 60.532(k).
Second, Legislative Code § 60.532(k) does not specificaliy permit a high school, whether public or
private, to have "on campus" student housing in B-2 districts while Legislative Code § 60.532(g)(1)
specifically prohibits "on campus" student housing for "higher learning" religious education or
generat education institutions. This raises the foilowing quesdon: does ttie zoning code contemptate
allowing a high school as a principal use in a B-2 disirict to have on campus student housing?
Third, Legislative Code § 64.300(g)(3) provides that in making a similaz use determination, the
Planning Commission must find "...[t]hat the use is not first permitted in a less restrictive zoning
district." It could be azgued that boazding houses aze first permitted in either B-4 or B-5 zoning
districts. ["multi-family" housing permitted as a principal use «ithout any pemvts although
boarding/rooming houses are not specifically referenced]. Homans.
All of the above leads me to suggest that in evaluating this Determination of Sunilar Use
Application, you consider this appIication under the provisions of LegisIative Code § 60.532(6)
which provic3es that principal nses in a B-2 zoning district may also have Accessory Uses as deftned
in Leg. Code § 60.20L
Evaluating the application in order to determine whether a private hi�h school with an accessory
student boazding facitity is similar to the private high school principaIIy permitted in a B-2 district
under Leg. Code § 60.532(k) clarifees this apptication. It recognizes the reality of the proposed use
jit is a school providing on campus student housing) �vithin the context of ihe more objective
standards in the zoning code under Leg. Code § 60.201 relating to accessory uses.
�0-�47
Section 60.532(2)(k) identifies "Public, parochial and other private elementary, junior high or
high schools offering courses in general education, and not operated for profit" as permitted uses
within a B-2 district. The Lubavitch Yeshiva facility is similar to educationai activities undertaken
by private non profit high schools. In addition to having a student body whose age range
corresponds to a high schooi student body, the Yeshiva school has a designated school year
schedule, cumculum, instructors, and tuition requirement. Most of its students, similar to private
prep high schools, also reside at the facility during the school term. With respect to the
boardinghouse use, mixed residential and commercial uses are allowed in the B-2 district subject
to the following conditions listed in Section 60.522(8):
l. Residential uses aze limited to not more than fiRy (50) percent of the basement and first
floor. The entire upper floors may be used for residential use . At least fifty (50) percent
of the basement and first floor shall be devoted to a principal use permitted in this district,
except residential use.
2. Residential units may be occupied by foster homes or freestanding foster homes.
3. For new construction, a minimum four-foot side yard setback shall be required from all
interior lot lines for residentiai uses.
These conditions are met for a mixed use function. The entire first floor is devoted to school
functions with al] of the upper floors and a portion of the basement designated as bedrooms.
Staff Recommendation: It is staff's opinion that the applicant's current use at 225 Wilder
represents a combined education-residentiai use that is most similar to the uses identified in
Section 60.532(2)(k) (Public, parochial and other private elementary, junior high or high schools)
recognizing that mixed residential-commercial uses are permitted within a B-2 distriet and
encouraged within the City's recent]y adopted land use p1an. Staff recommends approval of the
Detemrination of Similar Use application.
recess and religious holiday breaks in April and September. The school's
five instructors provide rabbinical studies to a class of approximately
15 male students between the ages of 15 to 19. The typical class term
lasts about two months. Class hours are 7:30 am to 8:30 pm Sunday
through Thursday and 7:30 am to 11:00 am on Friday.
Most students board at the school facility. The facility at 225 wilder
has eight bedrooms. Five bedrooms are on the second fZoor, two in the
attic and one in the basement. The main floor is used for lecture,
study and dining/kitchen activities.
2. Section 64.300{g) of the zoning code states, "when a specific use
is not listed in the district the planning commission shall determine if
a use is similar to other uses permitted in each district. The planning
commission shall make the following findings in determining whether one
use is similar to another:"
a. That the use is similar in character to one or more of the
principal uses permitted.
This finding is met. The B-2 Comiauaity Business District is intended
to serve the needs of a consumer population larger than that served
by the Local Husiness District, and is generally characterized by a
cluster of establishments generating large volumes of vehicular and
pedestrian traffic. In addition to all OS-1 and B-2 uses, principle
uses permitted within a B-2 district consist of retail sales within a
building, service businesses with a showroom or workshop, restaurant
and bars, food catering, private clubs, theaters and assembly halls,
business schools, nonacademic colleges or trade schools and public,
parochial and other private elementary, junior high or high schools
offering courses in general education, and not operated for profit.
The Lubavitch Yeshiva facility is similar to educational acti
undertaken by private high schoo2s. The Yeshiva school has a
designated school year schedule, curriculum, instructors, students
and tuition requirement. Because of its relatively small size the
school operates out of a former single family residen=ial facility.
Most of its students, similar to private prep high schools, also
reside at the facility during the school term. Withia S-2 districts,
mixed residential and commercial uses are allowed.
b. That the traffic generated by such use is similar to one or more of
the principaI uses pezmitted.
This finding is met. The traffic generated by the proposed use is
similar if not less than most uses in a B-2 district. The tra'_fic
generated by the school will consist primarily of instructor and some
student trips. The low traffic volumes generated by the schoo_ make
it comparable to smaller scale office and workshop activitie=_. Other
B-2 uses such as retail estab2ishments, restaurant, Frivate ciubs and
theaters would have traffic volumes that exceed the s=nool
activities.
c. That the use is not first permitted in a 2ess restric=ive zo-`_zg
district.
� �•
DETERMlNATfON OF SiMiLAR USE APPLfCAT{OfN
Depa�lment of Planning and Economic DevelopmeRt
Zoning Section
II00 City Ha11 AnneY
25 West Fou�th Street
Saint Pau1, MN SSIO2
166-6589
APPLICANT � Name �� �� �V
Addrecc 2 �-�
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City S� PAvC-- St. /W�Zip SSIO�/ Daytime pho
Name of owner (if different) Nf�L'N/YIRr'� (,c�l t.-f'��"�
Contact person (if
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PROPERTY
IQCATION
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REQUEST: Application is hereby made under the provisions of Chapter 64, Section 300,
Paragraph (� of the Zoning Code for a Determination of Similar Use.
Current use �JATE �c.� t—tU115 f�`trl �c *1COt_, w177-f ��'.�'i�
Proposed
Z 2.�-
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SUPPORTING INFORMATION: Provide the foilowing information (attach additionai sheets if necessary).
❑ ls the use similar in character to one or more of the principal uses permitted in the zoninc district?
.
� y�s. S�E �GaU 5�� (a)��� tr���� �i��d[�- S�k� (
❑ Is the trafific that the use witl generate simifar to traffic genereted by one or more permir.=_d uses?
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Q Is the use already permitted in a less restrictive zoning disirict?
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Required site pian is attached ❑
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L� i S ./ A N 9�( 2 G(.1� �. Current Zoning�Z
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LUBAVf�CH . WEXLER
YESHIVAHoF �@�' LEARNING
MINNESOTA INSTITUTE
RABBI NACtlhUN WILHELM. oun
To the members of the zoning committee,
Greetings and blessings,
Yi
d0 - /J 7 ' 37.s
I was very pleased fo see that you dealt tivith and stuck to the issue of zaning, without
miYing in issues of student behavior or otganizational running of the school.
Atthough I am in a way condoning improper behavior ott the part of the siudenu,
nonetheless you see yourselves and you will see from the enclosed letters, the ereat service
provided by the Yeshiva and their effort in the enhancement of the area and the city.
Even the small amount of "disorderly condact" that was — was several }ears a�o, and no
such behavior has take place the last 2 years, as will be corroborated by those ��ho as of no��
stand against me — if they choose to tell the truth.
Although I held myself back uniil now from mixin� in those issues, j}ut since I've been to
t�vo meetings �vhere evil seeking people have decided to besmirch and speak lowly of such an
holy organization, I can no longer remain silent in the face of such faise accusations.
] will reiterate, this has nothing to do with the zonin� issue, which has its own rule; and
laws, and, G-d wil(inR. the jud�e in that issue will de as he should.
Amon� the enctosed letters are:
Letter from government members who participate in and admire the projecU of the Yeshiva.
Letters from non — Jews, who visit regularly and admire the Yeshiva
Stores and establishments in the area that benefit from and enjoy the patronization of the leshiva.
:i� _
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t�'CQ9��
D o - //7 3 �s
Diversified Coffee Products, Inc
2038 Marshall Avenue
St Paul, MN 55104
(651)641-1987
March 13, 2060
St Paul Zoning Commission
St Paul, MN
re: Lubavitch Yeshiva
Members of the Commission:
We have been informed that our neighbor, the Lubavitch Yeshiva of Minnesota, is requesting a
zoning variance for their property on Wilder Ave. This propeRy is directl}� adjacent to ours.
They have been exemplary neighbors since they moved in about 2 y�ears ago and have alwa}�s
maintained themselves as gentlemen.
If �ve can answer any questions related to their application, please do not hesitate to contact us.
Thanks for your consideration.
Sieven Chall
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FRJI". : 7erry and f:ichclle ToM�.n
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H� Ph�x�a 65 L•982d550
Yeni[ wmn�ECi�u�w.tat
��n ia, 2000
Cit� of S. Paul
Ciry Hait
S. Paul, MN 55101
Dcaz Zoniag Committx.
We u�ouL� likc to tell you abo� Rabbi Nachman Willhetm , tLe Yesshiiva of Mieaawrr aed his s2udcvts. Wc tia�ti
known Ttebbi Wilhelm for about ecn y�a. Rabhi Wil6clm is a cicsc &iend, and ae S�ve obscnrd Dim, his boys
aad t8e wondesfui way he mm the Yah»a. Nachmmaa [v�s substaaCal "tmc�iag'' si�ts. In addiaon to asd part of
thc smdetiLs Reiigious Educstion, Fk is doiag a vc�+erlul Jof+ Uesching lusboys to be good r,►snbe[s of theit
mmmunity. They wiU alwm go out oEthdr way to help athers and tl�eY Pay dose artenrion to the rafeiy aud
scuuity of sE�ar mighborhood.
17y; Ycshivr of Mitu,�sor,� Wexkr Leaminy Institute is a smatI ach�ot with a wortdwicie waiting Iist 77e. benefits
of hs�'x�e mch a rcesn�cd schoot in the mu-goveGr.d area maa}•, aad it t�ould be a grrat !ea� to the community if
ihe schoo[ had to amve in a shoA tiwe.
Flcau gire the rahbis requat for a vanance yon: u+Q priotity u thr most impom.+at Fhing a schoot must harro is
subiiity. 'Che Yahiva mus have stablIity to xnsinue to be a ctrong part of tt�e community.
SuuuelY.
� � /��� R
Tem Sichelie Iohasoa
�o-c��Z
Zoning Commttee: Littan Field, Chair
Steven Gordon, Cazole Faricy, Jennie E� Dennis Gervais,
Richard Kramer, Gladys Martin, Dick Noti�lin
% Department of Planning and Economic Development
Zoni�g Section
1100 City Hall Annex
25 �Vest Fourth Street
Saint Paul, MN 55102
March 3, 200Q
Dear Mr. Field:
I am �vriti�g to you as a member of the Buildi� and Land Use Committee
and of the Board for the Merriam Park Community Council. One of the
expectations of Board members is to encourage and support neighbors to
pazticipate in the activities of the Board in particular, and in city government, in
general.
The experience in the Zoning Committee meeting yesterday, nfarch 2,
2000 tivas a frustrating and demoralizing experience for the five neighbors �rho
made the effort, at no small expense, to attend the meeting in the expectation
they would have an opportunity to speak.
At the previous meeting on Feb.17, the matter of the detemunation for
similar use for the Lubavitch Yeshiva of Minnesota at 225 \orth t�'ilder �� as
discussed and the motion cvas passed to lay over any dedsion until the next
meeting, March 2"�.
During the intervening hvo weeks, I had several contacts �cith Sheril}-n
Young, at I�4PCC �vho in turn had contact �cith staff at Planning and Economic
Development, as late as the morning of the meeting. At no time, �cas she
informed that the public meeting section of the hearing �cas closed. It ��-as not
until the neighbors and I arrived and asked for a cop}• of the agenda did ive learn
that the pubtic hearing tiras closed.
I appreciate that you as chair, c��ere �cilii� to entertain a motion to let the
neighbors speak but very• disappointed that other committee members �vere not.
The neighbors recognize your committee's responsibiliri� to conduct }•our
proceedings impartially and apply the zonir� code justlr for all. Ho�cever, an
ackno�+�ledgement, if not an apology, for the misunderstanding that no public
testimony ��=ould be taken and an acknowledgement that neighborhood concems
had been noted `ti�ould have been appreciated.
The written submissions of the neighbors demonstrate their overriding
concern over the further delay of a zoni
Cc: Andy Given, President 1��fPCC
SheriIyn Young, Staff MI'CC
Mar-02-OU 11:1yH b�i '-�-
I �p- //7�31�'
My name is Kathleen M. Daniels and I live at 216 Wilder St. No. in Merriam Park,
St. Paul.
This issue is impoRant to me because I Iive aoross fhe street from the Lubavitch
Yeshiva of Minnesota at 225 Wiider St. No. and have been directly affected by
various activities at the schooL lNhen i firat learned that this property was going
to be used as a school for Rabbinica( study I was quite excited both far the
diversity it woutd brirtg to the neighborhoad artd secondly, because my home is
closely located to iwo other instituiions of learning that have proved to be good
neighbors. I assumed that this school wouid aiso be a good neighbor. i'm afraid
it has not been one.
i'm concerned that not enough considerat�on went into the decision of where and
what was needed to provide both a learning and living environment for young
men in Rabbinical studies. As far as a lea rning environment I would hope the
ritualistic sounds could be contained within the school. It is not uncommon for
me to hear the ritualistic chanting coming from fhe house at a!! hours ot the
night...some nights ! can sleep through it �ther nights i just endure it. This does
not go on ever night, however it goes on e�nough to be tiring. Apparently, the
house is not properly insulated for sound. As far as a Iiving space, the home has
many limitations for so many young men laving together under one roof.
Recreation is a necessary outlet for ail the•ir studies unfoRunately some of ihe
recreation takes on undesirable characterustics, such as: roof c�imbing (a
common past fime in the warmer weatherj, throwing giass botties from the 2" or
3 story of the house into the aliey, (an aliey that is used by foot and mofor tra�c
on a frequent basisj, playing drums at odc! hours of the night and day, and
undressing in front of large bedroom windows. Not all of the students are
responsible for this behavior however it ordy takes a few unsupervised or under-
supervised students to make things unde::irable.
I believe the home is inadequate for the needs of this school and that the
students lack appropriate supervision.
A good solution would be for the Rabbi to re-examine the needs of Lubavitch
Yeshiva and the needs of both a teachirtg and living environmenf. And then the
Rabbi should propose how this property couid serve as a Rabbinical Boarding
School within this neighborhood.
40 —117�3%c.
Oa-fa�rZ
W. Randoiph Herman
2a04 Marshatl Avenue
St. PauI, Minnesota 55104
Depaztment of Planning and Econoauc Development
Zoning Section
1100 Ciry Hall Annex
25 West Fourth Street
Saint Paul, I��t 55102
February 28, 200Q
RE: Determination of Similar Use Request
225 N. Wilder
# 0011737
Attention: Jim Zdon
I had not intended to address the Zoning Cominittee but feel compelled to
because I��fr. Jerry Singer, Real Estate Agent for the Yeshiva chose to inform the
committee in the February 17"' meeting that I had signed a purchase agreement
for the property at 225 N. Wilder.
The deal did not go through for a number of reasons including:
• the property did not have a certificate of occupancy as alleged in the
cantract
• the property had suffered extensive deterioration and damage in the
months foliowing the signing of the contract
• and I become increasing concerned about the physical safety of the
' student residents in a building without a fire inspection.
I support a special use pertnit for this property if :
• a special use permit �vill insure a rehabilitation of the property to
insure the physical safety of the student residents
• enforceable conditions are delineated as part of the speaal use pemut
that �vill bring the property up to neighborhood standazds
• any ne�c o��-ner of the property must abide b}° those �ame conditions.
Sin 1��, /
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0 0 -//7 37s
February � 6, Z000
Mt. Jlm Zdon� PED
Zoning Gommittee, Clty Hali Annex, 25 W. 4`" Street
s�tat Paul, MM 551GZ
Daar Mr, 2don:
We are writing to oncourage the ZonlnB Commktee to rota against
albwing the house on YYilder (betwoen Dayton and Marahall) to continue to be
nsed as a rssidential school. The tack of a fit for this housa to s�rve as a
re$[dcntlal schooi tor ovcr �S doys at a tfine (smatl house, elose to ether
houses, Tew parking spaces In drive way anC garage, Ro yard !or studants to
play) have targoty led to the prob�ems that have occurred whlle the curtont
ovyncrs hava operatcd thc school. 7hese proDlems includc dlsturbin9
neighbors wtth loud nolse thrnughout tl�s eventng, students damaglog area
pr�perty including cars parked on the strect where the boys who attcod the
sc}+oot play, and rack►css dAving thraugh th¢ stop s�9n at Daytan and Wilder.
The past few years have cicarty proven that a residentiai school is a very poo�
usp ot thla hous� gfv.n abwo problams.
.In addition, we encourage you to require the tubavitch Yeshira of
Mlhneeofa to correct the above probtems Immediately' We and et�any otber
nefgh4ors have iived with a4ove probiErms for years wt�lle Lubavitch Yeshlva
has 1llegally operatcd w)thout thc proper zoning or Ilcensc! This Is not fair to
thf nelghborhood. Plcsse requirc the school to make the follow[ng much
1+�deQ ehae9es
-Hire adults who will property superv�se the scudenu after 9pm in the
cvgning. Currently, a(�w young men (appr. 20 years old) not that much otder
than the students arc t�+e unly supervisors In the evening. They are clearly
not onforcMg ru{a: and most studrnt behavlor problarru accur alter 9pm.
'-Provide time for students to play at arca play �rouhds rat�+er 2han in the
st�eet where damage is done to cars. 7he schoo� needs to provide more tlme
� be�ween cfasses ta aliow the students* time to get to and �ack TTOm a play
gr�und which !s one block s�way.
I
-The schoo( should drive the van down main routos such as Marshall and
G{Qve[and rathsr thea eontlnuaHy runrting the stop sf8n at Dayton and WlFder,
`Based on the neighbocfiood mceting with the RabbS, we are ccrninced that
th� bnly way the schOOt will make theso cnanges Is for the City to roquire tAe
se ool to make them until �he time the scfioot moves on.
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1573 5eiby Avenue • Suite 311 • St. Paul • Minnesota • 55104 • 651.645.6887
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February 16, 2000 j
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Zoning Comtnittee of the St. Paul F'�anning Commission .
c% Jim Zdon, PED
25 W. 4th St. �
St. Paui, MN 55102 ;
Re: Lubavitch Yeshiva uf
Request for a layover
Dear Zoning Commiace:
i at 225 No. Wilder
March 16
On February 9, 2000 tha Mtrrixm P k Communiry Council votcd to requesc a
Isyover on this matter until the Zoni�g Committee's March 16th meedng, which
follows the Conncil's next meedng arch 8. At thst time we will have a
rccoaunendation on the Daeaz�inauon of Similar Use for this boarding school.
sn�r, 1
�""'ry i"�" �°"'"� """ We have not had ume to prepan: a�ll recommendarion to the Zoning Committee
*+��+ M�� for chis February 17 public heazing. Our Council received norice of the applicauon
F�,,.,,e�. on January 27th, 2000, but was una le to coordinate a eommuniry hee.�ing to
,�,�;, p „�,, ; ,� teceive input from affected conunu 'ry membas t:ndl Febtus[y 10.
"�^� u''°'""' Since the Council has r�ceived quit� a tric of communicauon abouc rhis properry
1tmo�svAcP�va�an.s
from concemed neighbors over the ast year, we fetl it impaadve that our
""°�"`� recommendarion on this issue considers input from chem, as well ae �he applicane.
usr ort�c.,e� c�u
Those concems rdnged from naffic'a.nd lace nighc noise to percepaons of inadequate
s"°' ""'' smdent supervision. �
Ra;3 SkJ. �
A„�c. x ��s;� We respectFully �ques� a laywer o�this case unal the b�CC can make a
J ,,,, W ,,,� recommendarion which eonsiders in ut fmm affected community memtiaets.
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Via Certi�ed Mail
Article No.
Z 421901 083
September 7, 1999
Director
Lubavitch Yeshiva
225 N. Wilder
St. Paul, MN 55104
Deaz Sir,
Glen R. McCluskey
Holiy Radis-McCluskey
2016 Marshall Avenue
St. Paul, MN 55104
(651) 646-9642
As one of your nearest neighbors, I am writing to you once again to bring to
your attention that the manner in which you operate your house at 225 N.
Wiider has resulted in a situation that is intolerable to my householc3. Your
continuing activities are an unabated infringement upon the enjoyment of m3�
property, which is located directly across tiVi�der Street from yours.
Although, I had understood from your for sale sign that you would not be
continuing to run your school at its current location, you obviously have
undertaken to continue the school from the Wilder house. I wish to impress
upon you that the operation of your business is having deteterious effects on
the neighborhood in addition to being injurious to my family. This is an
important factor that you should consider.
Several times in the past three years I have found it necessary to bring to the
attention of you and the various young men who are in your driveway, your
neighbor's driveway, and in the public roadway, that the activit} in which
they were currently engaged was disturbing to me and my wife. This has
included the honking of car horns, loud basketball playing, general horseplay
in the roadway, and well as the erratic movement of your man5� �•ehicles.
Letter to Labavitch Feshiva � Of g , September �, 1999
cp-�� �
mutual safety. As well, it creates a strong likelihood of avoidable velucle
damage.
3. The playing of basketball in your driveway has been a continuing source
of noise and disruption for me. I have brought this to your attention on
several occasions in the past. My bedroom window is located on Wilder
and I can hear ever bounce of the basketball and every shout of your
young men. Upon my making specific requests to you r that you do not
play after 10:30 p.m., you have on occasion responded by generally
curtailing that particular activity. I appreciate this. Ho�vever, with the
beginning of each new year, this basketballs playing goes on well past
10:30 p.m. unless I am forced again to request you to be courteous and end
this disruptive activity at an earlier and more reasonable hour. I have
never heard from you regarding what hours you intend to plap this game
or if you are even actually aware of my requests. Consequently, when the
basketball noise does continue past 10:00 p.m. it produces mental distress
for me. This is because I find, based on past experience with you, that the
basketball playing may continue until well past 1:00 a.m., preventing my
sleep and interfering with the quiet enjoyment of my residential property.
4. Basehall playing in your driveway, the adjoining drive�vay, the public
roadway and on my own grass boulevard is unacceptable, nois},
dangerous and has resulted in a continuing trespass by you to my
property.
Specifically, on Sunday, September 5, 1999, my brother and I�t�ere in my
backyard when a hard baseball entered the yard and continued «•ell to the
Letier to Lubavitch Teshiva 3 Of $ September ;, 1999
also in my hedge on several occasions that day. They entered my yard
several times to retrieve the ball. Obviously, the young men were taking
no steps to respect my property rights. I once again asked them to be
careful and I specifically requested that they keep their bail out of my
yard, off my property and that they not encroach on my grass boulevard.
Further, I asked them if they understood my request and if anything
about my request was unclear. They told me they uaderstaod and
that it was clear. Nevertheless, their ball entered my grass boulevard
area and hedge several times thereafter that same day Once again this is
obviousiy careless, thoughtiess behavior. It indicates that your activities
are maintained with no regard for the rights or feelings of others.
So that you will be aware, my neighbors to the south have told me several
times that your activities have been disturbing to them and to their tenants.
I was upset to hear that one of their tenants, a young woman, was brought to
tears by the continuing disturbance from your house and from your drive�'ay.
I believe that my wife and I have been extremely tolerant of your operation.
This was driven by the hope and the expectation that you would conduct
yourself with decency and respect for your neighbors, for the laR of the
state and for the ordinances of the city of St. Paul. However, m3 optimism
and my tolerance are now at an end.
You are quite obviously in the wrong location for such an expansive and
disturbing operation. Further, it is clear that your young men lack
asked them on September 6 and September 7, l999 if a
supervision.
supervisor or person in authority was in the house with whom I could speak.
5 o g g Sepcember 5, 1999
Letter to Lubayitch Yeshiva
cx�-CQ�i 7
of your continuing activities aze injurious to my property rights or have a
strong potential to be injurious.
I would like to discuss these matters with you or your authoriZed
representatives as soon as possible. It is my goal to work out a solution
whereby I can enjoy the rights I have to my property.
It is not my goal to bring any discomfort to your organization, however, you
have shown absolutely no regazd by my rights, nor any caze for this
neighborhood of which we are all a part.
By way of example, you should be aware that we have two other schools in
our neighborhood which I believe have taken appropriate action to be
zesponsibie toward their students and toward their neighbors. St. Mark's
grade school is located only one block away, yet provides no disturbance to
the neighborhood. This is because they have adequate lands and
organization to handle their activities. They have a safe, adequate,
fenced play area for the children. Without such a space, these children
too might play in the street; providing a risk of injury to themsel�•es and
others. Naturally, this would not be acceptable to the school nor the parents
of the students, nor to the community. This is good eaample for you to
follow.
St. Thomas College has a major presence in this community. The school has
been criticized in the past for the noise and disturbance caused b5 its off-
campus students and its on-campus activities. Because the of this, the
College has joined with the Merriam Park Community Counsel in creating
the SCOOCH Committee whereby a dialogue is created between the
neighborhood and the school and such probiems can be resolved. For yoi�r
review, I have enclosed a recent flyer from St. Thomas alerting the
neighborhood of its upcoming events. The flyer indicates that steps have
been taken to limit noise and traffic. This alone is reassuring and
I,etter to Lubavitch Yeshiva � Of $ September ;, 1999
St. Thomas Oufdoor Activities Notification
To the neighbors of St. Thomas:
Schoo! is starting up again with move in over Labor Day weekend and we wouid
like to take this time to fet you know about some of the ways the community wiA
be ceJebrating this falt. Steps have been taken to limif the haurs during which
music will be played and to locate the events in campus settings where the noise
level wili be most contained.
Tuesday, September 7
RNA Fun i� the Sun - D.J. Music, Food, Games
1-4 p.m. Upper Quad �
Friday, September 10
Residence L'rfe Boardwalk - D.J. Music, Food, Games, Pr¢es
5 -10 p.m. Upper Quad
Piease feel free to join us from 5- 7 p.m.
Saturday, September 11
ACC/STAR FootbaA Extravaganza - Live Band, Prizes, Food, Ctimbing Wail
11:00 a.m. Lower Quad
This event is for UST siudents with ID. Please join us for the game at '1:00 p.m.
Sunday, September 12
i2� St. Paut 8icycle Classic
centered at lot H
Friday, September 18
So�( Asylum Concerf - Live Band
4 -10 p.m. Lower Quad
This event is for UST students with ID.
Friday, September 24
Sabor Tropical Band - Live Band
- 7 - '10 p.m. Lower Quad
This event is for UST students with ID.
We hope these events are not a dist�rbance to your life in the neighborhood.
Please contact the Center for Student Leadership and�Activities (962-6130) with
any questions before the event. During the evertt plea§e refer questions to
Public Safety (962-5100).
Thanks so much and Happy Fall!
Lee Hoedl, Director
Center for Student Leadership and Activities
oo-��t 7
Glen R. McCluskey
2016 Marshali Avenue
St. Paul, MN 55104
(651) 646-9642
February 6, 2000
To Whom it may concern,
Re: �DDENDUM
This a an note regarding the response I received from my letter sent to
Lubavitch Yeshiva of September 6, 1999.
On September 22, 1999, I received a call from Mr. Moisha Weiss, who stated
that he was in charge of the physicai needs of the school.
He stated that the schooi had cut its enrollment and that it would only be at
its current location for the rest of the year because the building had been
sold.
Further, he stated that he was working with Merriam Park to get the lights
of the pazk turned on later into the evening.
Finally he stated that he would invite me over to speak to the bo� s in the
near future and discuss my concerns with them. He stated that there would
probably be about 25 people at such a meeting. I agreed to attend and would
await his call.
He never called back and I was never invited to speak to the boys as he
offered.
Sincerely yours,
i ����.
,
Glen R. McCluskey
Sent By: ROSEN & ROSEN PLLP;
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657 223 8574;
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�atement of i ubavitch Yec iva
The i.ubavitch Yeshiva respectfitliy requesis that the Council grant its petition for
dctermination o£similar use_ The reasans to grant our petition are well stated in @ie city stat'f
report recommending approval of the petition and in the remazks of Ptanning Commissioncr
Cordon which have been rewrded in the planning commission minutes.
We are an institution tliat fills the vital neul of this community and olhers for orthodox Jewish
secondary schooi education. Our Wilder property is our home.
All ofthe faefs ofwhich the Council has bcen madc aware indicate that approval olour
petition is consistent with the ordinances, is fair, and will benefit the community.
•
�J
Saint Pnul Pllnning Commission
City Hall Conference Center
15 Keltogg Boulevard West
Minutes of March 2�i, 2006
A meetin�, of the Plannin� Commission of the City of Saint Paul �vas held Frida}', 4farch 24, 2000, at
S30 a.m. in the Conference Center of City Hafi.
Commissioners Mmes. Donnetly-Cohen, Ditarte, Faricy, Zimmer Lonetti, and btoROn
Present: and Messrs. Airon, Anfang, Corbey, Dandrea, Field, Fotsch, Gocdon, Johnson,
Kramer, and Mardell
Commissioners Mmes. "Engh and McCall and Messrs. �`Gervais, Kong, Mazaulies, and Shakir
Absent:
*Excused
Also Present: Larry Soderholm, Plamiin� Administrator; Tom Harren, Richetle Nicosia, Lucy
'Chompson, Allan Torstenson, and James Zdon, Department oF Plannin� and
Economic Development staff.
I.
II.
Approval of Minutes of February 2�, 2000
�
D'IOTION: Conin:issioner AltoJe »ioved apprnva! of tlie miru�tes of February 25, 2000. �
Cornntissiot:er Duarte seconded tJte �notion and tlte miiudes were approved on a
tu7aninioas voice vote.
Chair's Annoimcements
Cliair N(orton stated the Plannin� Commission Retreat will be nzxt Frida}�, March 31
from 3:00 a.m. to 1 1:00 a.m. Tliere �cil f be a tour of Phalen VillaQe afrer the rneeting
and we will also be orderin� bo� lunches for those �vho wish io ha�'e one. She stated at
nezt Priday's retreai she t� ill have a list of committee assi�nments available for you.
TR. Planning Administrator's Announcements
The CiTy Council approved the City Housing Action Plan. Gan Peltier of PED
coordinated the preparation of the Housin? Action Plan and he �cill have a presentation
here this momin� to talk about PED's work on it. This plan is done annually and is
required by the Nletropolitan Cow�cil for all municipalities to become elitrible for
Livable Conmiunities �rants. lVe have received four grants mider the Licable
Communities Proeram this }•ear, one for [he North Quadrant one for Urban Village
Zonnlg and t��o for soil clean-up. It is an important proaram for w and it is important to
achie�e metropolitan coordination to distribute affordab(e housing 2hrouehout the re�ion
\lr Soderho�in �:�id that L.�nd llse and 7rn�inR VVorl'shops 2re offered t��� the
Go�'ernment Trlining Ser� ice and he passed around their brochurz. PED has a bud�et �
r� . �
� for some Plannine Commission trainine.
`1r. Soderholm also made announcements about the Saint Paid �tinneapolis Home Tour,
the �tiller Fillmore dinner on ri�•er decelopment, and a Ramse}' Counn' survey on
transportation issues.
He passed lround the PED Annual Report and said the Planning Commission's Annual
Report �vill be passed out ne�t �veek at the retreat.
Mc Soderholm said Commissioner Corbey �� i I I have sur�er} on March 30. He wi(I be
out foc a couple of months, and we all �cish him well.
TV. Zoning Committee
#60-117-375 Lubavitch Yesl�ica of DIinnesota Inc. - Determination of similar use to
allo�c for ��rivate high school wiUi boarding. 22� �Vilder St. N. (J1mes Zdon 266-
6559)
MOTIO� Cn»nnissroner Fie(d stnted the 14'lerriant Pnrk Cotnnu�niry Counci[
reconinae�tded re7.o�:ing IO [lIIO3V tIlL' boarrlireo /miese, lrowever, oi: a vote of 5-1 the
Znni�to Cmm�eittee reco»:r�:entts deuiat nf tke app(rcation. Tl:ere is «n ecteitsive
resolt�timt i�: ynur prrcket tleat ref7ects t/te n:njarity opinio�e ojthe Zonirig Contmittee.
Strrff reconrir:ended approvnl nf tlee rrpp(icntion.
� Commissioner Gordon stated that he cotzd a;ainst denia{ of thz application. He feels
this application is appropriate under the Zonin� Code and does not feel there is a
leeitimate basis for deniai. Commissioner Gordon quoted from a letter dated March 2,
2000. from Citr Attorney Peter �Varner distributed to zonine committee, the letter states
on p1�e 3, "all of the above leads me to su,eest that in ecal�tatine this determination of
similar use application, you consider this application under the procisions of Le�islati� e
Code section 60.�336, ��hich pro� ides that principle uses in a B? zonino district ma}'
also IZa�e accessorc uses 1s defined in Lzsislative Codz sec[ion 60?O1. E�aluatin� the
application in order to detennine ��liethzr a private hi�=h school ��'ith an accessory studznt
boarding facility is similar to the private hi�h school principalh permitted in a B-2
district under Leeislative code section 60.�32K, darifies this application. It recognizes
the reality of the proposed use. It is a school providing on campus student housing
�cithin the contezt of the more objecti� e standards in the Zonins Code under Leeislatice
Code section 60?01 relating to accesson' uses." Thereafrer. in the subsequent staff
report dated March 7, 3000, pa,e 3 our staff stated: "At the \tarch 2. 2000 Zottin�
Connnittee meetin„ tlie City lttorne} provided an 1lternati�e rltionale for approvina the
cletermination of similar use application. That rationale is ba;ed on findin� the boardin=
function an acce;son use to the Rabbinical School." Staff beliz� es that its findin�s and
the Ciq' Attornzc's rationale represent lesitimnte alternati� zs for approvins the
application. The L�Odi'<III7` 1t LUh�\ ITCI7 Yeshi�'a meeu the d;finition ofaccessory use in
60.?01 of the 7_onim_ Code because it is a use that is clearh incidencal to and
cu;[omaril. found in connzction �cith th: principal iue to ��in;h it f> related. a private
hi_h school." So ��c ha�e. the opinion of the Cit� Attorne� and the opinion of our stafT
• �
that diere is a legitimate, 11«fi�l rationale foc grantiit? this application under the existins
zoning code. So ��hat �i�ere the problcros �� ith this application° The problems were, in �
teri��s of testimony and itiritten canmtmications fran a number of nei;hbors, that there
were a number of students a[ this facilitc «ho ��ere not well supenised by adults. The}'
tended [o make too much noise, p!a} ii1 the street, aitd sometimes «'he�i Yhey rvere
en�,a��ed ia recreational ac[i��ities, thro��'ine a softball or football it may hit a car or a
house and possibly cause some dantage. AI( of these were legi[imate concems. Staff
�vas asked to make recommendations to deal «'ith those leeitimate concerns. Staff at the
Zonin� Committee meetin� came in �vith recommendations that there shoutd be on-site
adult supervision at all times, there should be quiet time after certain hours, and for
outside sporting activities, students sliould Qo to the nearest rzcreational facitity. These
are reasonable conditions ai the use that deal �aith those leoitimatz concerns.
Commissioiier Gordon feels that it is unreasonable to deny this �roup approval oftheir
application. He slid he ��ould vote 2sain;t the motion and he ��ould encourage his
fellow Plannine Commission members to ��ote a�ainst the motion.
On n roll cntl vote of 11 to 4, tiie motion passed to deny the application for a
detcrmination of similar use to nllo�v a private hi�h schoof �cith boarding at 22�
�Vilder St. N.
#00-I1S-413 AT&T �Vireless - Special Condition Use Permit to allotir AT&T to
attach 6 pnnel antennas to a chimney stack on n residentiat structure less than 60
feet hidfi. 682 Grand Ace., south�cest corner of Grand at St. Albans. (Danette
Moore 266-6��1) �
MOTION: Conetnissioi:er Field nmved rrpprova( of tke special conditiost use pernzit to
allow AT&T to attacle 6 pru:e! t�ntennas to a c/tinv:e�• stacF at a residentialstructt�re
less tlrait 60 feet leig/r. 682 Grrutd Ave., sordlrx�e,rt coneer of Graf:d «t SL Albans. The
17ZOIf017 C(iff(L'(I [lllQtl[F170f[SI1� Oli (1 1'OICC' t'OIH.
Commissioner Field thanked staff for [he e�cellent job «orki;�s «i[h applicants on recent
antenna cases. Conunissioner Field stated his appreciation ior information on the need
or Iack of need for the antennas as ��el( a; maps and charts on the alternative sites
considered.
#00-119-ISI Harriet Islancl Performance Staae - Special Condition Use Permit,
River Corridor modification, and height variance to allo�c the decelopment of a
perlormance stage in Harriet Isl�ncl Regional Park. (Lucy Thompson 266-6578)
MOT[O� Comnrissioirer Field nrn��ed r�pprnvrrl nf �r special coraditiaz �cse permit, n
River Cnrridm� nrodificatior:, artd ri hei�lrt vrrriaiace to «lloir 11�e developrnettt of a
perfnrnrtnrce sttr,e m Harriet Lsltmd Regrnn[r! Prtrk.
Qecaiue therz «ere zor,in�, requests a�sociated �� it(i thi� ca_e. tlie Zoning Committee
dcalc �� ith them as three separate motioiti. At thz 7_oning C.�:nmittze meetino one spo:,e
in suppo�t. one per;on spt�ke in opposition. The peron ul:�-;po,l: in opposition
�
�
�'��
Angela Pa2omo
1996 Marshall Ave.
St Paul, MN 55104
Dear Council members,
S�%v
����f��
May 5 2000
As block club leader, I am writing on behalf of the Merriann Park neighbors who have
been involved in the iubavitch Yeshiva school zaning situation. Yes, there have been
concems about noise, properiy damage and building condition. However, the bigger
issues have become a child safety, and b)compiete disrespect for our neighborhood.
Upon inquiry, a student recently admitted that oftea their "adult supervision" of over
15 boys is a 19-yeaz old student There ue 3`� floor bedrooms with no fue escapes,
basement bedrooms with no windows. They use their driveway for ezercise because they
aren't given time to go to the pazk (two blocks away). Rabbi Wilhelm claims they are
trying to seil the building—why, then, did they recenfly raise the price on a building thaE
has been on the market for over six months? A building that doesn't even have a current
Certificate of Occupancy.
For two years we have reached out to the Rabbi with no results. There aze many rental
properties in this area, and many schools. We are proud of our diversiry and we ceiebrate
the dedication it takes to make our community strong. Rabbi Wilhelm has tumed his
back on our efforts.'fhe neighbors have been more than patient, the city negligent. If
these boys were from Central or Cretin-Derham high schools living under these
conditions, you can bet they wouldn't have been there three weeks much less three years.
A determinalion of similaz iue would indicate that the boarding school is similaz to a
business and would altow for residential and educationai use. That's convenient, but not
right...in what way are these students' Iiving atrangements a business? Rabbi Wiiheim
says, "the issue shouid be decided on the basis of wning regulations, not on whether
neighbors like the school and its students." He's absolutely right And, in Merriam Park,
the education and welfare of children should never be and WILL never be a business.
Sincerely,
Angela Hanzel-Pa(omo
Block Cluh Leader
��
� -��
My name is Kathleen M. Daniels and I live at 216 W{der St. No. in Merriam Park,
St. Paul.
This issue is imporEant to me because t live across the street from the Lubavitch
Yeshiva of Minnesota at 225 Wilder St. No. and have been directly affecfed by
various activities at the school. When 1 first leamed that this properly was going
to be used as a school for Rabbinicai study 1 was quife excited both for the
diversity it would bring fo fhe neighborhood and secondly, because my home is
cfosely focated to two other institutions of ieaming that have proved to be good
neighbors. 1 assumed that this schooi wouid also be a good neighbor. I'm afraid
it has not been one.
I'm concemed that not enough consideration went into the decision of where.and
what was needed to provide both a learning and living environment for young
men in Rabbinicai studies. As far as a learning environment 1 would hope the
ritualistic sounds could be contained within the school. It is not uncommon for
me to hear the ritualistic chanting coming from the house at all hours of the
night...some nights 1 can sleep through it other nights t just endure it. This does
not go on ever night, however it goes on enough to be tiring. Apparently, the
house is not properiy insulated for sound. As far as a living space, the home has
many limitations fo� so many young men living together under one roof.
Recreation is a necessary outlet for ali fheir studies unfortunately some of the
recreation takes on undesirabie characteristics, such as: roof ciimbing (a
common past time in the warmer weather), throwing glass bottles from the 2" or
3 story of the house into the aliey, (an alley thaf is used by foot and motor tra�c
on a frequent basis), playing drums at odd houts of the night and day, and
undressing in front of large bedroom windows. Not all of the students are
responsible for this behavior however it only takes a few unsupervised or under-
supervised students to make things undesirab{e. .
I believe the home is inadequate for the needs of this school and that the
students lack appropriate supervision.
A good solution would be for the Rabbi to re-examine the needs of Lubavitch
Yeshiva and the needs of both a teaching and living environment. And then the
Rabbi should propose how this property could serve as a Rabbinical Boarding
School within this neighborhood.
�--(�9 7
Via Certified Mail
Article No.
Z 421901083
September 7, 1999
Director
Lubavitch Yeshiva
225 N. Wilder
St. Paul, MN 551�4
Deaz Sir,
Glen R. McCluskey
Holly Radis-McCluskey
2016 Marshall Avenue_
St. Paul, MN b5104
(651) 646-9642
As one of your nearest neighbors, I am writing to you once again to bring to
your attention that the manner in which you operate your house at 225 N.
Wilder has resulted in a situation that is intolerable to my household. Your
continuing activities are an unabated infringement upon the enjoyment of my
property, which is located directly across Wilder Street from yours.
Although, I had understood from your for sale sign that you would not be
continuing to run your school at its current location, you obviously have
undertaken to continue the school from the Wilder house. I wish to impress
upon you that the operation of your business is having deleterious effects on
the neighborhood in addition to being injuxious to my family. This is an
important factor that you should consider.
Several times in the past three years I have found it necessary to bring to the
attention of you and the various young men who are in your driveway, your
neighbor's driveway, and in the public roadway, that the activity in which
they were currently engaged was disturbing to me and my wife. This has
included the honking of car horns, loud basketball playing, general horseplay
in the roadway, and well as the erratic movement of your many vehicles.
Leiter to Lubavitch Yeshiva 1 Of $ Septembes 7, 2999
m �� �
I have also written you letters in which I e�tpressed to you that various of
your activities constituted a nuisance to me. Although, I have encouraged
you several times to telephone me, meet with me personally to discuss the
situation, or to write me, no member of your organization has ever sought to
communicate with me in any manner whatsoever. Your activities continue to
prove disturbing and are disruptive of my rights and the enjoyment of my
property.
Specifically, the following of your activities are disturbing to me and
I request that such activity immediately cease:
1. The honking of car horns for any reason, other than as a safety warning,
must cease immediately. Last yeaz, a continual racket was created when
your young men used the horns of theix cars or vans as an indioator for
others to come out of the house and join them in the vehicle. Obviously
this is discourteous and unnecessary. Please take prompt steps to assure
this stops at once.
2. The continual coming and going of your vehicles is disturbing and
dangerous. Your vehicles and those belonging to others, appazently doing
business at your house, come and go at a rapid pace every day. Aithough,
we take great care, my wife and myself have nearly been hit several times
by your vehicles. They are driven with littie regard for other traffic on the
street. Those backing out of your driveway (which is aimost the exclusive
manner in which vehicles exit your driveway) do not appear to check to
see if traffic is approaching on Wilder. They certainiy to not check to see
if my wife or myself aze backing out of our own driveway directly across
the street. We would appreciate more care and courtesy in this
regard. It is very disturbing and potentially dangerous to our
Letter to LubavItch Yeshiva 2 Of $ September 7, 1999
t�-1p�7
mutual safety. As well, it creates a strong likelihood of avoidable vehicle
damage.
3. The piaying of basketball in your driveway has been a eoati.nuing source
of noise and disruption for me. I have brought this to your attention on
several occasions in the past. My bedroom window is located on Wilder
and I can heaz ever bounce o£ the basketball and every shout of your
young men. Upon my making specific requests to you r that you do not
play after 10:30 p.m., you have on occasion responded by generally
curtailing that particular activity. I appreciate this. However, with the
beginning of each new year, this basketballs piaying goes on well past �
10:30 p.m. uniess I am forced again to request you to be courteous and end
this disruptive activity at an earlier and more reasonable hour. I have
never heard from you regarding what hours you intend to play this game
or if you are even actually awaze of my requests. Consequently, when the
basketball noise does continue past 10:00 p.m. it produces mental distress
for me. This is because I find, based on past experience with you, that the
basketball playing may continue until well past 1:00 a.m., preventing my
sleep and interfering with the quiet enjoyment of my residential property.
4. Baseball piaying in your driveway, the adjoining driveway, the public
roadway and on my own grass boulevard is unacceptabie, noisy,
dangerous and has resulted in a continuing trespass by you to my
property.
Specifically, on Sunday, September 5, 1999, my brother and I were in my
backyard when a hard baseball entered the yard and continued well to the
Leiter to Lubavitch Yeshiva " 3 Of $ September 7,1999
Oer�97
rear of my yard. This was the result of your young men playing ball in
the public roadway and the driveway adjoining yours. I returned the ball
to one of your young men and respeetfully asked him to be more careful.
Aowever, he and his colleagues did not move their piaying position in the
slightest bit and a hard ball once again entered my property very soon
thereafter. This is dangerous and negligent. As well, continuing this
dangerous activity after being informed of its potential dangers, may be a
willful and wanton lack of care by you for the safety of those on my
property.
Earlier in the day, the young men were playing ball directly across &om
my yard and essentially using my Ford truck as backstop. This is
careless, thoughtless behavior and nearly outrageous. I told the boys to
please cease playing while we moved the truck. F`urther, I clearly
indicated that I did not appreciate having hazd ball played in a manner
which endangered myseif and could prove damaging to my vehicie.
However, it was after this request that the baseballs entered my yazd at
least twice; nearly hitting myself and my brother. I aiso asked the young
men why they did not play ball at the park, which is only about a two
minute walk from your location. They stated they did not have time. I
asked them if it was true, then that they had enough time to play ball, but
not enough time to walk to the park. They stated this was the case.
On Snnday, September 6, 1999, the young men were once again playing
ball in the adjoining driveway, throwing the ball in an east-west manner.
Several young men were in the street and subsequently, moved onto my
grass boulevard where they remained, running, jumping and sliding.
Although, I had requested that they take care in their ball playing and to
keep their hard basebail out of my yard, the ball landed in my yard and
Letter to Lubavitch Yeshiva � 4 Of 8 September 7, 1999
I r •'
also in my hedge on several occasions that day. They entered my yard
several times to retrieve the ball. Obviously, the young men were taidng
no steps to respect my property rights. I once again asked them to be
cazeful and I specifically requested that they keep their ball out of my
yaxd, off my property and that they not encroach on my" grass boulevazd.
Further, I asked them if they understood my request and if anything
about my request was uncieaz. They told me they understood and
that it was clear. Nevertheless, their ball entred my grass boulevard
azea and hedge several times thereafter that same day Once again this is
obviously careless, thoughtless behavior. It indicates that your activities
are maintained with no regard for the rights or feelings of others.
So that you will be aware, my neighbors to the south have told me several
times that your activities have been disturbing to them and to their tenants.
I was upset to hear that one of their tenants, a young woman, was brought to
tears by the continuing disturbance from your house and from your driveway.
I believe that my wife and I have been extremely tolerant of your operation.
This was driven by the hope and the e�cpectation that you would conduct
yourself with decency and respect for your neighbors, for the laws of the
state and for the ordinances of tlie city of St. Paul. However, my optimism
and my tolerance are now at an end.
You are quite obviously in the wrong location for such an expansive and
disturbing operation. Further, it is cleaz that your young men lack
supervision. I asked them on September 6 and September 7, 1999 if a
supervisor or person in authority was in the house with whom I could speak.
Letter to Lubavitch Yeshiva 5 of 8 September 7,1999
�-���
They informed me there was none. Clearly, 12-18 young men between
the apparent ages of 15-18 occupying a house without any adult supervision
will result in problems. This is negligent and careless on your part.
Please be advised that your operation is not a business, paramount to the
rights of home owners in a residential district. Nor is it dependent on a fixed
location.
Your business operation disturbs the peace and quite of the
neighborhood and of myseif and endangers the safety and security of
the residents in this neighborhood. Further, you aze unreasonably
interfering with my property rights and your ogeration has become
a nuisance.
Please consult Minnesota Statute § 561.01, which states,
Anything which is injurious to health...or offensive to the
senses or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property, is
a nuisance. An action may be brought by any persons whose
property is injuriously affected or whose personal enjoyment is
lessened by the nuisance, and by judgment the nuisance may
be enjoined or abated, as well as damages recovered.
Further, please see the case of Robinson v. Westman, 29 N.W.2d 1(Minn.
1947), wherein a riding stable, while not a nuisance "per se" was found to be
a nuisance in fact, by reason of the manner of its operations, particulariy .
because it was located in a residential neighborhood where the effects
of the business affectecl the health and property rights of those in
the vicinity. fihis is analogous to the situation which you have created.
In this letter I have attempted to lay out very clearly which aspects of your
continuing operation are disturbing to myself and my household and which I
feel are a danger to the personal safety of myself and my relatives and which
I.etter to Lubavitch Yeshiva 6 Of 8 Seplember 7,1999
4� ��7
of your continuing activities are injurious to my property rights or have a
strong potential to be injurious.
I would like to discuss these matters with you or your authorized
representatives as soon as possible. It is my goal to work out a solution
whereby I can enjoy the rights I have to my property.
It is not my goal to bring any discomfort to your organization, however, you
have shown absolutely no regard by my rights, nor any care for this
neighborhood of which we are all a part.
By way of example, you should be awaze that we have two other schools in
our neighborhood which I believe have taken appropriate action to be
responsible toward their students and toward their neighbors: St. Mazk's
grade school is located only one block away, yet provides no disturbance to
the neighborhood. Ttris is because they have adequate lands and
organization to handle their activities. They have a safe, adequate,
fenced play area for the chiidren. Without such a space, these children
too might play in the street; providing a risk of injury to themselves and
others. Naturally, this would not be acceptable to the school nor the parents
of the students, nor to the community. This is good egample for you to
follow.
St. Thomas College has a major presence in this community. The school has
been criticized in the past for the noise and disturbance caused by its off-
campus students and its on-campus activities. Because the of this, the
College has joined with the Merriam Park Community Counsel in creating
the SCOOCH Committee whereby a dialogue is created between the
neighborhood and the school and such problems can be resolved. For your
review, I have enclosed a recent flyer from St. Thomas alerting the
neighborhood of its upcoming events. The flyer indicates that steps have
been taken to i'vnit noise and traffic. This alone is reassuring and
Leffer io Lubavitch Yeshiva 7 Of 8 September 7, 1999
���
xesponsible. Further, telephone numbers are provided whereby
concerned neighbors can call both before and during.the event. This
is ezactly the kind of coaxmunication method which a responsible
organization should deveIop in an effort to be sensitive to the effeet
they have on neightiors. In your case, you have never spoken to me,
provided me with any means to contact you, nor have you ever taken
advantage of my requests that you contact me at any of the telephone
numbers which I have provided you.
You are not operating in a vacuum, hut you are part of a community.
Consequently, your continuing to ignore my requests to communicate about
this probiem and your continuing to operate your business in an unsafe and
disturbing fashion constitutes a nuisance. .
Please be advised that you can reach me at my office during working
hours at (612) 926-654? and at my home after working hours at (851)
646-9642. You can also knock on my door at any reasonable hour and
talk with me. I strongly encourage you to do one of the above as soon as
possible. You have offered me no clear channels to communicate with your
organization, so I want to clearly extend to you an invitation
and the means to contact me.
I hope you will do so promptly.
Sincerely yours,
�!%/�� ; %��j�
�i
Glen R. McCiuskey
Enciosure
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�ebruary 6, 2000
To Whom it may concern,
Re: ADDENDUM
Glen R. McCluskey
2016 Marshati Avenue
St. Paul, MN 55104
{651) 646-9642
This a an note regarding the response I received from my letter sent to
Lubavitch Yeshiva of September 6, 1999.
On September 22, 1999, I received a call from Mr. Moisha Weiss, who stated
that he was in chazge of the physical needs of the schooi.
He stated that the school had cut its enrollment and that it would only be at
its current location for the rest of the year because the building had been
sold.
Further, he stated that he was worlang with Merr'sam Park to get the lights
of the park turned on later into the evening.
Finally he stated that he would invite me over to speak to the boys in the
near future and discuss my concerns with them. He stated that there would
probably be about 25 people at such a meeting. I agreed to attend and would
await 3iis call.
He never called back and I was never invited to speak to the boys as he
offered.
Sincerely yours,
i��' 4/ /
Glen R. MeCluskey
�-c���
St. Thomas Outdoor Activities Notification
To the neighbors of St. Thomas:
Schooi is starting up again with move in over Labor Day weekend and we woutd
like to take this time to let you know about some of the ways the community wiii
be celebrating this fall. Steps have been taken to limit the hours during which
music wili be played and to locate the events in campus settings where the noise
{evel will be most contained.
Tuesday, September 7
RHA Fun in the Sun - D.J. Music, Food, Games
1-4 p.m. Upper Quad
Friday, September 10
Residence Life Boardwalk - D.J. Music, Food, Games, Prizes
5 —10 p.m. Upper Quad
Please feei free to join us from 5— 7 p.m.
Saturday, September 11
ACC/STAF2 Football Extravaganza - Live Band, Prizes, Food, Ciimbing Wail
11:00 a.m. Lower Quad
This event is for UST students with ID. Please join us for the game at 1:00 p.m.
Sunday, September 12
12� St. Pauf Bicycle Classic
centered at lot H
Friday, September 18
Sou! Asylum Concert - l.ive Band
4 -10 p.m. Lower Quad
This event is for UST students with ID.
Friday, September 24
Sabor Tropicai Band - Live Band
7 —10 p.m. Lower Quad
This event is for US7 students with ID.
We hope these events are not a disturbance to your life in the neighborhood.
Please contact the Center for Student Leadership and Activities (962-6130) with
any questions before the event. During the event please refer quesiions to
Public Safety (962-5100),
Thanks so much and Happy Fall!
les Hoedi, Directar
Center for Student Leadership and Activities
t> ••
Gien R. McCluskey
2016 Marshall Avenue
St. Paul, MN 55104 .
Lubavitch Yeshiva
225 N. Wilder
St. Paul, MN 55104
July 19, 1999
Deaz Sirs,
I wish to strongly encourage you to promptly remove your pile of tree
branches and brush which is currently on your boulevazd.
The brush has been in its current location for at least one month and is
plainly a fire hazard. Further, it is likely a haven for rodents and other
undesirable pests. Without question it is an eyesore.
I would very much appreciate it if you would cause it to be removed soon.
If I can be of assistance, please feel free to call me during working hours
at 612-928-8000, ext. 108.
Thank you for your time and attention.
Sincerely yours, �
�
.i �%'r' (J/�/�����"�/ .
Glen R. McCluskey
� Cb
Pebruary 25, 2000
TO: Saint Paui City Council i
From: Kevin and Katy Anderson, 2022 Dayton Ave.' \�'
Re: House on �ider being used as a School {tubavitch Yeshiva of MN)
We are writing to encourage the Zoning Committee to vote against
aUowing the house on Wilder (between Dayton artd Marshail) to continue to 6e
used as a residential school. The lack of a fit for this house to serve as a
residentiai school for over 15 boys at a time (smali house, close to other
houses, (ew parkiog spaces in drive way and garage, no yard for students to
play) have largely Ied to the problems that have oecurred wfiile the eurrent
owners have operated the school. These problems include disturbing
neighbors with loud noise throughout the evening, students damaging area
property inc{uding cars parked on the street where the boys who atEend the
school piay, a�d recktess driving through the stop sign at Dayton and Wifder.
The past few years have ciearly proven that a residential schooi is a very poor
use of this house given above probiems.
Until the lubavifch Yeshiva of Minnesota fiinds another building, we
encourage you to require the school to correct a number of school
management problems that are further making this a negative situation for
neighbors. Please require the schooi to make the following much needed
changes:
-Hire aduits who wili properly supervise the students after 9pm in the
evening. Currently, a few young men (appr. 20 years oid, not that much oldcr
than the students) are the only supervisors in the evening. They are ciearly
not enforcing rules and most student behavior problems occur after 9pm,
-Provide time for students to piay at area play grounds rather than in the
street where damage is done to ca�s. The schooi needs to provide more time
between classes to aliow the students' time to get to and from a play ground
which is one bJock away.
'-The schoo! should drive the van down main routes such as Marshait and
Cieveland rather than conti»naily running the stop sign at Dayton and Wilder..
Sased on the neighborhood meeting, we are convinced that the only way
the schooi will make these necessary chaeges is for the City to require the
sehooi to make them. We and other neighbors have lived with the a6ove
probiems for years while the schoo! has iliegaily operated without the proper
zoning or licensel This is not fair to the neighborhood.
c�-�5z
W. ,Randolph Hermatt
2000 Marshall Avenue
St. Paul, Minnesota 55104
Department of Planning and Economic Develapment
Zoning Section
1100 City Hall Annex
25 West Fourth Street
Sainf Paui, MN 55102
Febzuary 28, 2000
RE: Determination of Similaz Use Request
225 N. Wilder
# 0011737
Attention: Jim Zdon
I had not intended to address the Zoning Committee but feei compeIled to
because Mr. Jerry Singer, Reai Estate Agent for the Yeshiva chose to inform the
committee in the February 17"' meeting that I had signed a purchase agreement
for the property at 225 N. Wilder.
The deal did not go through for a number of reasons including:
� the property did not have a certificate of occupancy as alleged in the
contract
• the property had suf£ered extensive deterioration and damage in the
months following the signing of the contract
• and I become increasing concerned about the physical safety of the
student residents in a building without a fire inspection.
I support a special use perntit for this property if :
• a special use pernut will insure a rehabititation of the property to
insure the physical safety of the student residents
• enforceable condifions are delineated as part of the speciai use permit
that will bring the property up to neighborhood standazds
• any new owner of the property must abide by those same conditions.
/ //%.!-- •
, r ,�
�_���
Stefan Piambeck
2006 Marshatf Avenue
St. Paul, MN 55104
City of St. Paui
Department of Planning and Economic Development
Zoning Section
March 1, 2000
To whom it may concem:
Our family lives down the alley a fiew houses in from the property being
considered for the re-zoning. We are not averse to the re-zoning of the property
as long as the parties responsible for the house adhere to a number of basic
conditions. �
First and foremost would be supervision of the house and the people {iving in the
house. To my knowledge there is no adult living in the house to serve as a
supervisor, not only of the property, but also the students. As neighbors our
concem is that the house and the area surrounding ihe house, including the
alley, sidewalks and even the street is an eyesore. The upkeep of the property
seems not to be a concem to the owners. We would request a sensitivity and
responsiveness not only to adhere to city codes, but aiso to maintain a minimai
sense of responsibility to keep our neighborhood cfean.
In addition, on numerous occasions, the students living in the house may be
found in the alley in our block throwing Frisbees, baseballs and footbalis which
land with great frequency in the back gardens and on the roofs of neighboring
homes, ours included. There are other venues nearby in the neighborhood for
these activities. I wouid encourage those who function in supervisory roles at the
house to noi oniy be informed as to the activities of the students at all times, but
to steer those activities to locales where property and chifdren are not in the line
of fire.
� t`
Regards, ; � f ���-�"(.
!
Stefan �.. ec
1
. i i �s . . OD-1Q�1 Z
, Dan Rowa & Assoeiates - -
PrastheGc, OrthoUc, and Pedorthic Care
2032 Marshail Avenue
S� Paul, MN 55104
Phone: {612) 645 9481
Fax: (6i2) 645-0944
1285 Nininger Rd., Ste.104
Hastings, MN 55033
Phone: (612) 437-2488
Fau:{612)645-�944
Cuyuna Regional�Medical Center
320 East Main Street
Crosby, MN 56441
Phone:(612)645-9481
Fax: (612j 645-0944
DEAR SZRS:
DATE: FEBRUARY 22, 2000
T0: ` C /`�
FROM: DAN ROWE, CPO
RE: PROPOSED LUBAVITCH SCHOOL
I OWN PROPERTY AT 2032 MARSHALI AVENUE. THIS ISSUE IS
IMPORTANT TO ME BECAUSE MY PROPERTY HAS BEEN SEVERLY
DAMAGED BY THE LUBAVITCH STUDENTS. THE LUBAVITCH PEOPLE
HAVE CO23SISTENTLY FOR 3 YEARS VIOLATED MY RIGHTS AND
THE RIGHTS OF THE COMMIJNITY.
I AM CONCERt3ED ABOUT CONTZNUED ARROGANT VIOI.ATION OF THE
COMMIJNITY'S, CZTY, STATE, AND FEDERAL REGt1LATI0NS AND LAWS.
I AM CONCERNED WITH THE SAFTEY OF MY NEIGHBORS AND THE
PROPERTY OF THE PUBLIC AT LARGE.
I AM CONCERNED ABOUT THE CONTINUED PROPERTY DAMAGE TO MY
PROPERTY AND THAT OF MY NEIGHBORS AI3D THAT OF THE PUBLIC.
I FEEL THIS IS DUE TO TAE LACK OF ACTION BY THE CITY TO
ENFORCE THE LAWS AND ftEGULATIONS AT THE EXPENSE OF THE
CO2�iUNITY.
I BELIEVE THAT ACTIONS OF THE LUBAVITCA SCHOOL FOR THE
PAST 3 YEARS HAS CLEARLY DEMONSTRATED THAT THEY HAVE NO
RESPECT FOR PROPERTY AND TAE RIGHTS OF OTHERS, ESPECIALLY
MERRIAM PARK.
A GOOD SOLIITION WOULD BE THE LUBAVITCH SCHOOL BE GIVEN
30 DAYS TO VACATE 225 N. WZLDER, ST. PAUL, MN. 55104,
AND THAT ALL THE LAWS AND REGULATIONS BE STRICTLY
ENFORCED IMMEUTA2ELY.
DAN ROWE, CP
�''/.� � ,. ..'"L_
A Qivision of ACTRA Rehabilitation Associates, Inc.
v�
From: Steve Zaccard
To: Council; susan.kimberly@ci.stpaul.mn.us
Date: 7/11/00 9:31AM
Subject: 225 Wilder St. N., Lubavitch Yeshiva of Minnesota
City Councilmembers:
At your July 5, 2000 meeting the City Council requested a written report "outlining the problems
associated with this property" (Agenda Item #28). This should provide basic information on the property
located at 225 Wilder St. N. The two buildings at this address are occupied by the Lubavitch Yeshiva of
Minnesota, a residential boys school for Rabbinical studies.
The issues of improper zoning, fire and housing code violations, exceeding allowabie occupancy and
failure to obtain a Certificate of Occupancy have now exceeded an eighteen month span of time. During
this time fire department inspectors have worked with Rabbi Nachman Wilhelm in an attempt to gain
compliance and provide a safe living and learning environment for the students.
These efforts have not been successful primarily due to the neglect and disregard of the process by
Rabbi WiYnelm. Most recentiy, Rabbi Wilhelm applied for a zoning "determination of similar use". This
application was denied by the Planning Commission and upon appeal was granted by the City Council.
Subsequently, a"team inspection" was conducted of the iwo buildings by fire department inspectors on
May 18, 200�. This inspection produced a correction list which totaled fifty-one code violations on the
main building and an additional fourteen code violations on the smaller building.
A re-inspection on these orders was due on June 23, 2000. After an unsuccessful attempt to conduct
the re-inspection (no-show by Rabbi Wilhelm), the re-inspection was completed on July 5, 2000. The
result of that re-inspection revealed that of the fifty-one code violations found on the main building only two
had been corrected. These corrections were very minor in nature such as the replacement of the
hoUcold water knobs on the bath tub. In the smaller building the resuits were similar. Of the fourteen
code violations only one had been corrected, which was placing address numbers on the building. In
addition, at the time of the Juiy 5, re-inspection, an additional eight code violation orders were issued as
the building has deteriorated even more since the initial May 18 inspection, including a large portion of the
living room ceiling having collapsed because someone had removed a hand sink upstairs without turning
off the water.
At the time of the July 5 re-inspection, the students were no longer in residence due to summer break.
Rabbi Wilhelm was advised that the property was in such a state of disrepair that it was unfit and unsafe
to reoccupy that the property was to be vacated and not reoccupied for any purpose without full
compliance and the approval of fire prevention. Written orders were issued by Inspector Phil Owens to
confirm this conversation. Property Code Enforcement was notified of the violations in the two buildings
on the property and was requested to open a ciass 2 registered vacant building file. �ire prevention wili
re-inspect in 15 days to insure that the buildings are vacant and secured against treaspass.
It is clear at this time that in spite of the extensive efforts of the inspectors and the lienient time frames
provided, Rabbi Wilhelm either can not or will not comply with the correction orders issued against the
property and that the former single family dwelling is most likely unsuited for use as a residential boys
school. Detailed violation information is available in the property file. If you have any questions, please
call Fire Marshal Steve Zaccard at 228-6201. Thank you.
CC: Fuller, Tim; Olding, Gary; Owens, Phil; Strathman, Gerry; Zaccard, Steve
aR�G�NA�
RESOLUTION
CITY OF
Presented By
Refened To
PAUL, MINNESOTA
(�
Comsnittee: Date
WHEREAS, Lubauitch Yeshiva of Minnesota, in Zoning File No. 00-117-375, made
application to the Saint Paul Planuing Commission [hereinafter "Commission"], for a
Determination of Similar Use pursuant to the provisions of Saint Paul Legislative Code § 64300,
Subpart (g) for property commonly laiown as 225 Wilder Street North and legally described as
set forth in the zoning file noted above; and
8 WHEREAS, the Zoning Committee of the Plauning Commission conducted a public
9 hearing on February 17, 2000, after having provided notice to affected property owners, and at
10 the conclusion of the staff report and the public testimony, moved to further continue the matter
11 to March 2, 2000, for the purpose of re-examining similar use issues on the provisions of Saint
12 Paul Legislative Code § 60.532, Subparts (2), (c), (g) and (k); and
13
14 WHEREAS, on Mazch 2, 2000, the Zoning Committee took additional testimony
15 conceming similaz use and further continued the matter to Mazch 16, 2000, to allow additionai
16 analysis of the application under the similar use provisions of Saint Paul Legislative Code
17 § 66.201; and
18
19 WHEREAS, on March 16, 2000, the committee submitted a recommendation to the
20 Commission. The Commission, by its Resolution No. 00-22, decided to deny the application
21 based upon the following findings and conclusions
22
23 1. Lubavitch Yeshiva of Minnesota is a private non profit rabb'vnical studies school. The
24 school operates 9 months a yeaz with a summer recess and religious holiday breaks in April and
25 September. The school's five instructors provide rabbinical studies to a class of approximately 15
26 male students between the ages of 15 to 19. The typical class term lasts about two months.
27 Class hours are 730 am to 830 p.m. Sunday through Thursday and 730 am to 11:00 am on
28 Friday. Most students board at the school facility. The faciliTy at 225 wiider has eight
29 bedrooms. Five bedrooms are on the second floor, two in the attic and one in the basement. The
30 main floor is used for lecture, study and dininu�kitchen activities.
31
32 2. Section 64.300(g) of the zoning code states, "when a specific use is not listed in the
33 district the plamiing commission shall determine if a use is similar to other uses permitted in
34 each district. The plam�ing commission shall make the following findings in determining
35 whether one use is similar to another:"
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a. That the use is similar in character to one or more of the principal uses permitted. 0 O— f.°t 1
This finding is not met. The B-2 Community Business Aistrict is intended to serve the needs
of a consumer population larger than that served by the Local Business District, and is
generally chatacterized by a cluster of establishments generating large volumes of vehiculaz
and pedestrian traffic. In addition to all OS-1 and B-1 uses, principle uses pernutted within a
B-2 district consist of retail sales within a building service businesses with a showroom or
workshop, restaurant and bars, food catering, private clubs, theaters and assembly halls,
business schools, nonacademic colleges or trade in general education, schools and public,
parochial and other private elementary, junior high or high schools offering courses and not
operated for profit.
No sunilarity has been found between the above B-2 uses and the applicanYs use for the
following reasons:
Section 60.532(2)(c) identifies "Private clubs, fraternal organizations, liquar licensed
establishments and lodge halls" as pernutted uses in a B-2 district. The uses within this
section are primarily social fraternal in nahue and are dissimilar to the educational
boardinghouse use that characterizes the applicanYs activity at 225 Wilder.
Section 6Q.532(2)(g) identifies as permitted B-2 uses "Colieges, universiries, and seminaries,
and other such institutions of higher learning, public and private, offering courses in general,
technical, ar religious education and not operated for profit; provided, that:
1. Dormitories or other group student housing shall not be permitted within the district;
2. When an institution is established in the district, the institution shall be required to
provide the muvmum number of off-street pazking spaces for employees, staff, or
students as set forth in section 62103(g). The institurion shall be required to provide
additional parking spaces only when the minimum number of parking spaces will have to
be increased due to a more than ten (10) percent or three hundred (300) gain in the total
number of employees, staff or students, whichever is less. Thereafter, additional parking
spaces will have to be provided for each subsequent gain of more than ten (10) percent of
three hundred (300) in the total number of employees, staff or students; and
37 3. To determine compliance with parking requirements in item 2. Above, the institution
38 must file an annual report with the planning administrator stating the number of
39 employees, staff and students associated with the institution."
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The educational uses withiu this section are distinctive in that they focus on institutions of
higher learning. If one were to conclude that the applicanYs use met this defmifion, the
implication would be that the applicanYs use could only be found snnilar if they ceased their
boazdinghouse activity as required in subsection (1) above. Therefore, the applicanYs
combined educational residential use would be clearly inconsistent with this section and its
required condirions.
Section 60.532(2)(k) idenrifies "Public, parochial and other private elementary, junior high or
high schools offering courses in general educarion, and not operated for profiY' as permitted
uses within a B-2 district. The applicanYs use in not similar to this section because, first, the
code does not specifically permit a school, whether public or private, to ha�e "on campus"
1 00��`l`l
2 student housing in B-2 districts. Because the zoning code is silent with respect to pemutting
3 on-campus student housing at a junior or senior high school while specifically prohibiting on-
4 campus housing at colleges in B-2 districts, this use, due to its on-campus student housing, is
5 not similar in chazacter to a permitted use and seems more similar to a prohibited use.
6 Second, this is not a boarding house and it is not a mixed commercial and residential use.
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The testimony shows the proposed uses aze one in the same, not sepazate.
Finally, if the principle use of the house is a school, the Code does not address or even appear
to contemplate that student housing is an accessory use "cleazly incidental" or "customarily
found in connecfion with" schools in B-2 districts. The same holds tnxe if the principie use of
the house is either student housing or a boazding or rooxning house with a school as an
accessory use.
b. That the traffzc generated by such use is similar to one or more of the principat uses
permitted.
This finding is met. The traffic generated by the proposed use is similar if not less than most
uses in a B-2 district. The h�affic generated by the school will consist primarily of instructor
and some student trips. The low traffic volumes generated by the school make it comparable
to smaller scale office and workshop activities. Other B-2 uses such as retail establishments,
restaurant, private clubs and theaters would have traffic volumes that exceed the school
activities.
c. That the use is not fzrst permftted in a less restrictive zoning district.
This finding is met. "High schools" are first permitted in the R-1 district and "schools" are
specifically identified in the B-4 district. High schools with boarding are not specifically
identified.
d. That the use is consistent with the comprehensive p1an.
This finding is met. The 1499 Land Use Plan, policy 5.1.1, highlights the following urban
village principle, "Good neighborhoods have commercial, civic, and institutional activity
embedded, not isolated in remote, single-use complexes."
WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Lubavitch
Yeshiva of Minnesota duly filed with the City Clerk an appeal from the determination made by
the Plauning Coxnmission, and requested that a hearing be held before the Saint Paul City
Council, hereinafter "Council", for the purpose of considering the actions taken by the said
Commission; and
WHEREAS, acting pursuant to Legislative Code § 64.206 through § 64.208 and upon notice
to affected parties, a public hearing was duly conducted by the City Council on May 10, 2000,
where all interested parties were given an opportunity to be heard; and
WfIEREAS, the Council, having heard the statements made and having considered the
application, the report of staff, the record, minutes and resolution of the Zoning Committee and
of the Planning Commission, does hereby;
2 RESOLVE, that the Council of the City of Saint Paul hereby reverses and modifies the b0 - 6qR
3 decision of the Plauuing Commission in this matter based upon the following findings of the
4 Councii. The Council finds that the Plamiing Commission erred in its detemvnation of similar
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use of the Lubavitch Yeshiva facility for the following reasons:
1. The educational activities and the age of the students at the Lubavitch Yeshiva facility aze
more sunilar to a private lugh school which is a permitted use in a B2 zoning district.
2. The Lubavitch students do not bring the types of problems that post-secondazy educational
institutions might bring to a neighborhood: increased automobile tr•a�c; pazking problems;
or large or loud parties where alcohol might be served.
3. Because Lubavitch students attend a private high school which is a permitted use within the
B2 zoning distdct, it is fiuther the finding of the City Council that the residential aspect of
this use is "cleazly incidental" to the main use of the house, which is a private high school.
The residential aspect is incidental to the school. It is not unusual to have private schools or
academies offer on-campus residential housang to students, even if such a use is not
specifically permitted under the Saint Paul Zoning Code; and be it
FURTHER RESOLVED, that the appeal of Lubavitch Yeshiva of Minnesota be and is
hereby granted, subject to the imposition of the following conditions pursuant to § 64300,
Subpara (e) and are made for the purpose of protecting adj acent property owners and the students
and faculty of the school:
1. That the building's interior, exterior and grounds shall be maintained in conformance with
the applicable provisions of Legislative Code Chapter 34 pertaining to minimum properry
standards; and
2. That the building be immediately inspected for compliance with the applicable provisions of
Legislative Code Chapter 33 pertaining to Certificate of Occupancy/Code Compliance and
that the building be maintained or brought into conformance with such building and life
safety codes as recommended by the Division of Fire Prevention.
3. That there be adult supervision at all times.
4. That the facility observe quiet hours from 10:00 p.m. unti17:00 a.m.
5. That for purposes of outdoor recreation, the students use the nearby public pazks and
piaygrounds.
6. The Merriam Park Community Council convenes an advisory group to meet bi-monthly to
work with the Yeshiva on issues of common concern.
Failure to comply with these condirions shall be grounds to revoke this Similar Use
Determination; and be it
i
2 FTNALLY RESOLVED, that the City Clerk shall mail a copy ofthis resolufion to
3 Lubavitch Yeshiva of Mivnesota, the Zoning Administrator and the Saint Paul Planning a ��,�
4 Commission.
5
ORIGlNAL
Requested by Department of:
Hy:
Foxm App d by City Attorney
B ,�G.il1�--_
Approved by Mayor for Submission to Council
By: �/ � g�,
Approved by Mayor: Date � 7 Gbt/i/
By:
�
Adopted by Council: Date ��
Adoption Certified by Council Se tary
�-._
City Council
7NTAC7 P92SON & qiONE
Councilmember Benanav 266-8640
�, �� � July 26, 2000
d�
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(CLIP ALL LOCASfONS FOR SIGtdATISRE)
Memorializing City Council action taken May 10, 2000, granting the appeal, with conditions,
Lubavitch Yeshiva of Minnesota to a decision of the Planning Commission concerning a
determination of similar use application for a high school boarding use at 225 North Wilder
Stxeet.
JUA I NIV I9PPfOV2 (AJ W K2JCCI
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Interdepartmental Memorandum
CITY OF SAINT PAUL
,
DATE: July 17, 2QOQ
TO: Nancy Anderson
FROM: Peter Warner �
��cESV��
�u� ; s 2�u
1ERRY BLAKEY
RE: Lubavitch House Determination of Similar Use Apgeal
Nancy, attached please find the resolution granting the Lubavitch House appeal from the Planning
Commission's denial of Similat Use. Since the Council granted the appeal, I put the matter on the
bottom of my list of things to do. Unfortunately, with all of the other things that went on in the last
couple of weeks, Lubavitch kept sinking to the bottom. Would you please place it on the council's
consent agenda at your convenience. Thanks. PWW
DEPARTMENTOFPLANNING
& ECONOMIC DEVEIAPMEIVT
•r .'
I�
CITY OF SA�IT PAUL
Norm Cdeman, Mayor
Apri121, 2000
Ms. I3ancy Anderson
City Council Research Office
Room 310 Ciry Hall
Sa3nt Paul, Minnesota 55102
Dear Ms. Anderson:
Diviuon ofPlanning
25WestFourthSbeet
SaintPau7, MN 55102
Telephone: 612-266656�
FacsPmtte: 612-228-3314
I would like to confirm that a public hearing before the Ciry Councll is scheduled for Wednesday
May 10, 2000 for the purpose of considering the Lubavitch Yeshiva of Minuesota's appeal of a Plani�iug
Commission decision denying it a detem�ination of sitnilar use apptication for a high school boazding use at
225 North Wilder Street.
Applicant:
File Number:
Purpose:
Address:
Legal Description
of Property:
Previous Action:
Lubavitch Yeshiva of Minnesota
#00-H�7-333^ t �1� G 1 �
Appeal of a Planniug Commission decision denying a determination of sunilaz use
application for a high schoo] boarding use.
225 North Wilder Street.
See file.
Plaiming Commission Recommendation: Denial, vote: 11-4, March 24, 2000.
Zoning Committee Recommendation: Denial, vote: 5-1, March 16, 2000.
My understanding is tlaat this public hearing request will appear on the agenda for the May 10, 2000 City
Council meeting and you will publish notice of the hearing in the Saint Pau1 Legal Ledger. Please call me
at 266-6554 if you have any questions. '
S�ncerely,
,� � c'�rW. ,�Y�
! �ames Z o
��City Pl ' r
cc: File #00-ll7-484
Paul Dubnxiel
Carol Martineau
Allan Torstenson
Wilhelm Nachman
�ursrxrnv
xo'rn� oF �teaaC �an�G
1Le semc raui cny councu win �onduct a
hearinrg un Wcdnesday, May lA `N�, at 5:3Q
pm m the Crip Copncil CI�amLers. Thix�d F7oor
C1t9 Hall. 15 West %ello$g Boulevazd. Sainf Paw1.
M23. to consider the appeal of Iu6aKtch YesLNn
of Mipncsota W a decision ,of the Planning
Commis.4lon den5'Ing a dPr.T..�t.,=H.,.� of slmllar
use application for a hiqh sr.tiool hpattllng use at
225 North Wilder Srieet .
vaaa: n zs, a000
' NANCYANDERSON,
Assiet'dd[ CYiy Cotincll 5ec:etary
(May 2)
6C PAOb LEC.AL IEpC�R
O'1008299 � . .
%
DEPAR'fMENT OF PLANNING
� ECA230MIC DEYEIAPMENT
�INT
AUL
�
AAAA
CTTY OF SATNT PAUL
Norm Coleman, Mayor
May 1, 2000
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
RE: Zoning File #00-124-612
Ciry Council Hearing:
�n�on olPt�.,�
25 WettFourth Sveet
SointPauC MN 55702
Lubavitch Yeshiva of Minnesota
oo-cs9 Z
Telephone: 611-2666565
Foaim�2e: 612-12&3314
May 1Q, 2000, 5:30 p.m, to 6:30 p.m., Ciry Council Chambers
Pu ose: Appeal a planning commission decision denying a detemvnation of similar use appiication for a
high school boazding use at 225 North Wilder Street.
Plannine Commission Recommendation: Deny, vote: 11-4, Mazch 24, 2000
Zonin� Committee Recommendation: Deny vote: 5- 1, Mazch 16, 2000
Staff Recommendation: Approve.
Public Hearine Supnort: One individual spoke in favor of the use.
Public Hearine OoDOSition: One resident spoke agains[ the use.
District Council Recommendation: The Merriam Pazk Execuuve Committee recommended the properry be
zoned as a boarding house.
Dear Ms. Anderson:
This appeal is scheduled to be heard by the City Council on May 10, 2000. Please notifi• me (266-6559) if
any member of the City Council wishes to have slides of the site presented at the public hearing.
Si^cerely,
� A1rw9. �.0� \
ames Zdo
City Planner
cc Citv Council members
-_)
city of saint paul
planning commission resolution
file number oo-2z _
�
March 24, 2000
WHER£AS, Lubavitch of Minnesota (File 00-117-375) has applied for a
Determination of Similar Use to a12ow a private high school with boarding at
225 Wilder Street North; and
D.IiEREAS, the Zoning Committee of the Planning Commission o.; 02/17/00 held a
public hearing at which a12 persons present were given an onportunity to be
heard pursuant to said application in accordance with the reauirements of
Section 64.300 of the Saint Paul Legislative Code; and
WtiEREAS, Saint Paul Planning Commission, based on the evicence presented to
its Zoning Committee at the public hearing as substantially refleeted in the
minutes, made the following findings of fact:
l. Lubavitch Yeshiva of Minnesota is a private non pro'_it rabbi�ical
studies school. The school operates 9 months a yez: kith a summer
recess and religious holiday breaks in Apri1 and Se?tenber. The school's
five instructors provide rabbinical studies to a cless oi ap�roximatel}
15 nale students between the ages of 15 to 19. The typical class terr.�
lasts about two months. Class hours are 7:30 am to 8:30 pm Sunday
through Thursday and 7:30 am to 11:00 am on Friday.
Most students board at the school �acility. The facilitv a= 225 wilde_
has eight bedrooms. Five bedrooms are on the seconc '1ocr, t:.ro ir_ the
attic and oae ir the basement. Th= main £loor is csed 'or '__cture,
study and dining/kitchen activitie�.
2. Seccion 64.300(a) of the zoning code states, "w:zen = s�ecif'_c use is -��
listed in tne district the plannirg commissioa snzi: c_:ern:-e i' a use
is similar to other uses permittec in each cistrict. T�e p'_�aning
com;aission shall make the folloxing findings in dec_r�_c_nc :.nethe= o�e
use is similar to another:"
a. That the use is similar in character to oae c= ro_e o` the
principa2 uses permitted.
This finding is not met. The B-2 Commuaity Bus_::ess Dis=zict is
intended to serve the needs of z consumer pooula=io- larc=r than tn>�
moved by
seconded b��_
in favor 1 �
- against .�-
Field
11 (corrected 4/4/00)
cx�-(��i7
Section 60.532(2)ik} identifies "Public, parochia? a::d o�her private
elementary, junior high or high schools offerir.g co�rses ir. general
education, and not operated for profit as permitted uses .:ithin a
g-2 district. The apolicant's use in not similar to this section
because, first, the code does not specifically pe^.-=t a s=nool,
whether public or private, to have "on campus" stuc=:t hoLS:ng in B-
2 distzicts. Because the zoning code is silent witk: res�_ct to
permitting on-campus studen=o °bitingaoracampusrl:oussnglat cogleges
school while soecifically p -
in B-2 districts, this use, due to its on-campus stud_nt k:ousing, is
not similar in character to a permitted use and see-s more sinilar
to a prohibited use. Second, this is not a boardine house and it is
the proQosedcusesrarelone inetheesamel not separzteestimoa�• shows
Finally, if the principle use of the house is a schcol, the Code
does not address or even appear to contemplate that stud_at housing
is an accessory use "clearly incidental" or "customarilv :ound in
connection with" schools in B-2 districts. The sar„e holcs true if
the principle use of the house is either student ho�sing or a
boarding or rooming house with a school as an accessory Lse.
b. That the traffic generaLed by such use is sir.:_'lar to e-e or more
of the principal uses permitted.
This finding is met. The traffic generated by the pr000=_e3 use is
similar if not less rhan most uses in aimasilysoric^stru:toraande
oenerated by the school will cor.sist pr -
some student trios. The 1ow traf=ic volumes gene=a=ed �r tne school
make it comnarable to smaller scale ofiice and xor:=':io? ==�i�•ities.
Other B-2 uses such as retail establish�ents, xes�a�.:=a•^•=• Pr=vate
clubs an3 theaters would have tYaffic �•olumes t:^ac _:<cee_ the schoo_
activities.
__- =_ve zoni-=
c. inat the use is not firs� g°::.�ittec 'n a iess =_-----
distrzct.
This finding is met. "High scnools" are first �err..=tt`-=_'_n� the P.-=
districc an3 "schools" are specificall:� ider,=i'_`_ed '_^ c_.
district. High schools with boarding are not s:_c�=-�z=-:'
identified.
d. That the use is consistent wzth th° compreh=_-si':e P-='•
This finding is met. The 1999 Land Use Plar., �olic;� 5._.1,
highlights the following urban villag° princio-_, "���=
neighborhoods have commercial, civic, aad inst_tut=o•^•=- activity
embedded, not isolated in remote, sina'_e-us_ r_ag-e'+'-=-
-_..> >_=,aaing
Therefore, Be It Resolved, based on fincina 2a the Sa'_-: =-- -
Conmissioa d_nies the a?plicat_on £or z Deterrt-r.atio:: c= 5^--��.= ��=e to al'-=
a priva�e hi
gh school ��ith boarding at 225 %�1�='-= S""' `•`-__'
Zoning Committee Minutes
March 2, 2Q00
File #: 00-117-375
Page 2
boardinghouseactivitiesassociatedwiththeuse. Section60.532(2)(K}doesnotspecificaAypermit
student housing associated with private high schoals. In evaluating this special condition use
permit application, the Zoning Committee could consider whether the student housing meets the
definition of accessory uses in Sec. 60201 of the Zoning Code. Is the student housing a use wfiich
is clearly incidentai to and customarily found in connection with private high schoots?
At the question of Commissioner Gordon, Mr. Wamer asked the Zoning Staff to get exampies of
other situations, i.e.,: Christ Household of Faith.
Commissioner Morfon withdrew her motion and made a motion to lay over Yhe determinafion of
similar use to March 16, 2000. Commissioner Gordon seconded it.
Commissioner Gordon asked the Zoning Staff to reexamine Section 60.532(Z)(c) pertaining to
clubs and fraternities. Determine what the definition of private dubs means and if it includes private
clubs that permit members to reside there.
Commissioner Morton asked for examples of other similar uses in the City of St. Paut.
Commissioner Kramer made a motion to extend the deadline for aciion of the Similar Use for 60
days. Commissioner Faricy seconded it, and it passed unanimously.
Adopted Yeas - 5
Drafted by:
Nays - 0
Submitted by:
Approved by:
(�.CI A "V /�.�Ck A�-Q./�f l
Carof MaRineau
Recording Secretary
ames Zdon
�}Loning S��on
���� �
Dannis Gervais
Chair
rr .•
Zoning Committee Minutes
February '17, 2000
File #: 00-117-375
Page 2
Occupancy obtained. Mr. Strand also stated that the property has been on the market for 2 years,
they are having a hard time seliing it because of the poor condition of the building and the high
asking price.
Upon inquiry of Commissioner Nowlin, Mr. Strand explained the nonstop use of the outside area
for recreation with no limited time struciure, the combination of school, boasding and age of the
students puts a constant pressure on the neighbofiood.
Ms. Ageline Berretta Herman, representative of Merriam Park Buiiding and Land llse Committee,
appeared and stated they are requesting a tay over because of the many concerns of the
community.
Mr. Singer approached and stated Mr. Strand wanted to purchase the propecty and didn't qualify
and that is why he stated the price of the property was too high. He also noted that Ms. Herman's
husband is a St. Thomas facuity member who tried to buy the house for St. Thomas use.
Commissioner Gordon stated he had concerns pe�taining to the similarity of the proposed use to
other uses permitted in the B-Z district. Section 60.532 Sub 2 Sub C provides for private clubs,
fraternal organizations; Su6 G provides for coileges, universities, seminaries and othes such
institutions of higher learning, pubiic and private, ofEering courses in generai, technicai or religious
education and not operati�g for profit; provided that dormitories or other group student housing
shall not be permitted in the district; Sub K provides for public, parochial and private elementary,
junior high or high schools offering courses in general education, and not operating for profit. If
the school is offering courses in retigious education, and is thus similar to seminaries offering
courses in religious education allowed under Sub G, then student housing is not permitted.
Commissioner Gordon moved to 1ay overthis case until March 2, 2000, so the issues of similar use
could be raexamined in regards to Sub C, G, and K. Commissioner Faricy second it.
Lay over to March 2, 2000 Yeas -5 Nays - 0
Drafted by:
Submitted by:
Approved by:
i:�—� �2 u�c.�.clJ
Carol Martineau
Recording Secretary
J mes Zd n
� oning S " n
��...��� -
Ri hard Kramer
Chair
DEP,�IRT4IEAT OF P[A\'�1\G
Bc ECO�iOtIIC DEVE[AP\[E\T
Bnun Sweeney, Dmector
CITY OF SAII�]T PAUL
Norm Coleman, blayor
ZSiYestForrrthStreet Telephor,¢:651•1666655
SaintPaul,.�N55102 Facscm+Ie:65f-228-33l;
March 7, 2000
To: Zoning Committee
From: Jim Zdon
Re: Lubavitch Yeshiva ofMinnesota, File No. 00-117-375
At the Mazch 2, 2000 committee meeting, the zoning committee asked staff to further im�estigate
this Determination of Similar Use application in regard to Section 60.532 (2) (c) and second,
research examptes of Saint Paul schools that have a boardin; use.
Section 60.532 (2) (c) identifies "Private clubs, fratemal organizations, liquor licensed
establishments and lodge halls" as permitted uses in a B-2 district. Staff in its February 23, memo
concluded that the uses within this section are primarily social fraternal in nature and are dissimilar
to the educational boardinghouse use that characterizes the applicanYs activity at 225 �t'ilder. The
committee, however, asked staff to further research this particulaz section because some fratemal
uses, e.g. fratemities and private clubs provide member lod�ing .
Tn its review of this section, staff believes that "fraternal or�anizations" were not contemplated to
include educational fraternities. This is based on the code's definition (section 60.203,C) of
"college, university or seminary." uses which specifically includes fraternities and sororities. As
outlined in stafPs February 23 memo, residential uses (dormitories, fratemities and sororities)
associated with cot[eges, universities and seminaries are specifically not permitted in a B-2 district.
It would be inconsistent within Section 60.532 (2) to a(low fraternity residentia! uses under
subsection 60.532(2)(c) and specifically disallow it under subsection 60.532{2)(g}.
In regard to private clubs that may provide lodging, the only reference within the code to a similaz
ase is in the B-4 district, Section 60.552(t) where "HoteIs, moteis and ciubs used primarily for
transient occupancy" is identified as a permitted use. The "transient" characteristic in this use,
however, is cleariy dissimilar to the school yeaz boarding characteristics of the applicanYs activity
at 225 wilder.
Examples of other educational boarding facilities in Saint Paul were not fouad. While reference
�vas made to the Christ Household of Faith facility at 355 \Zarshall Avenue, that facilit}� is not
similar. The six acre facility is located in an RM-2 district and consists of a K-12 school of 161
students and residential apartments. The schooi is located in one buildin� wins and is a� :nded by
students n=ho tive both on and off site. In another wing, there are approximatel�� fifteen ��artments
that house communal families. Within RM-2 districts, residenTial apartmenTS and K-12 rrivaTe
non profit schools are specified as permitted uses.
CX�-l�,�/ 7
Interdepartmental Memorandum
CITY OF SAINT PAUL
DATE: March 2, 2000
TO: File
FROM: PWW
RE: Determination of Similar Use. Uses permitted in B-2 district similar to the Lubavitch
Yeshiva. Zoning Committee Hrg. date: 3-2-00
Similaz use determinations are made pursuant to Leg. Code § 64.300(g). A"similaz use"
determination is dependent upon whether the proposed use is of similar nature as a principat use
otherwise permitted in the zoning district. [Leg. Code § 64300(g)(1)} (emphasis added)
The committee asked that staff and the CAO look at this similar use application in light of three uses
specifically permitted in B-2 zoning districts. Those three uses were:
i. Private clubs, fratemal organizations, liquor licensed establishments and lodse halls.
[66.532(2)(c))
2. Colleges, universities and seminazies, and other such institutions of higher learning, public and
private, offering courses in general education, technical, or religious education and not operated for
profit: provided, [in pertinent part] that:
- 1. Dormitories or other group housing student housing shall not be permitted
w�ithin the district. [60,532(2)(g)(1)]
3. Public, parochial and otherprivate elementary, juniorhigh or seniorhigh schools offering courses
in general education, and not for profit. [60.532(2)(k)}
The provisions of Leg. Code § 60.532(2)(c) which deal with private clubs, fratemal organizauons,
etc., do not appeaz to be applicable given the facts supplied in the staffreport and for that reason, the
CAO saw no reason to further analyze that definition under this appiication. PED staff made a
similaz determination.
Lubavitch Applicarion File Memo
Mazch 2, 2000
Page 3
This conclusion should be more fully explored with the applicant for the following reasons:
First, the finding is easily interpreted as resting on the premise that the applicanYs boazding house
use is "separate" from that of tfie applicant's schooI use. Legislative Code § 60.522(8)(a)-(b)
coaiemplates mixed residential and commercial uses subject to the conditions stated therein. Tfris
language indicates that the uses are sepazate from one another. However, the application makes it
cleaz that the proposed uses are virtually one in the same. Moreover, under the mix of principal
commercial and residential uses aliowed in B-2 districts as regulated under B-1 regulations, is the
boazding house "residential" and the school "commercial"? If so, the school wouId operate in
vioTation of the protribition against operating schools for profit in Legislative Code § 60.532(k).
Second, Legislative Code § 60.532(k) does not specificaliy permit a high school, whether public or
private, to have "on campus" student housing in B-2 districts while Legislative Code § 60.532(g)(1)
specifically prohibits "on campus" student housing for "higher learning" religious education or
generat education institutions. This raises the foilowing quesdon: does ttie zoning code contemptate
allowing a high school as a principal use in a B-2 disirict to have on campus student housing?
Third, Legislative Code § 64.300(g)(3) provides that in making a similaz use determination, the
Planning Commission must find "...[t]hat the use is not first permitted in a less restrictive zoning
district." It could be azgued that boazding houses aze first permitted in either B-4 or B-5 zoning
districts. ["multi-family" housing permitted as a principal use «ithout any pemvts although
boarding/rooming houses are not specifically referenced]. Homans.
All of the above leads me to suggest that in evaluating this Determination of Sunilar Use
Application, you consider this appIication under the provisions of LegisIative Code § 60.532(6)
which provic3es that principal nses in a B-2 zoning district may also have Accessory Uses as deftned
in Leg. Code § 60.20L
Evaluating the application in order to determine whether a private hi�h school with an accessory
student boazding facitity is similar to the private high school principaIIy permitted in a B-2 district
under Leg. Code § 60.532(k) clarifees this apptication. It recognizes the reality of the proposed use
jit is a school providing on campus student housing) �vithin the context of ihe more objective
standards in the zoning code under Leg. Code § 60.201 relating to accessory uses.
�0-�47
Section 60.532(2)(k) identifies "Public, parochial and other private elementary, junior high or
high schools offering courses in general education, and not operated for profit" as permitted uses
within a B-2 district. The Lubavitch Yeshiva facility is similar to educationai activities undertaken
by private non profit high schools. In addition to having a student body whose age range
corresponds to a high schooi student body, the Yeshiva school has a designated school year
schedule, cumculum, instructors, and tuition requirement. Most of its students, similar to private
prep high schools, also reside at the facility during the school term. With respect to the
boardinghouse use, mixed residential and commercial uses are allowed in the B-2 district subject
to the following conditions listed in Section 60.522(8):
l. Residential uses aze limited to not more than fiRy (50) percent of the basement and first
floor. The entire upper floors may be used for residential use . At least fifty (50) percent
of the basement and first floor shall be devoted to a principal use permitted in this district,
except residential use.
2. Residential units may be occupied by foster homes or freestanding foster homes.
3. For new construction, a minimum four-foot side yard setback shall be required from all
interior lot lines for residentiai uses.
These conditions are met for a mixed use function. The entire first floor is devoted to school
functions with al] of the upper floors and a portion of the basement designated as bedrooms.
Staff Recommendation: It is staff's opinion that the applicant's current use at 225 Wilder
represents a combined education-residentiai use that is most similar to the uses identified in
Section 60.532(2)(k) (Public, parochial and other private elementary, junior high or high schools)
recognizing that mixed residential-commercial uses are permitted within a B-2 distriet and
encouraged within the City's recent]y adopted land use p1an. Staff recommends approval of the
Detemrination of Similar Use application.
recess and religious holiday breaks in April and September. The school's
five instructors provide rabbinical studies to a class of approximately
15 male students between the ages of 15 to 19. The typical class term
lasts about two months. Class hours are 7:30 am to 8:30 pm Sunday
through Thursday and 7:30 am to 11:00 am on Friday.
Most students board at the school facility. The facility at 225 wilder
has eight bedrooms. Five bedrooms are on the second fZoor, two in the
attic and one in the basement. The main floor is used for lecture,
study and dining/kitchen activities.
2. Section 64.300{g) of the zoning code states, "when a specific use
is not listed in the district the planning commission shall determine if
a use is similar to other uses permitted in each district. The planning
commission shall make the following findings in determining whether one
use is similar to another:"
a. That the use is similar in character to one or more of the
principal uses permitted.
This finding is met. The B-2 Comiauaity Business District is intended
to serve the needs of a consumer population larger than that served
by the Local Husiness District, and is generally characterized by a
cluster of establishments generating large volumes of vehicular and
pedestrian traffic. In addition to all OS-1 and B-2 uses, principle
uses permitted within a B-2 district consist of retail sales within a
building, service businesses with a showroom or workshop, restaurant
and bars, food catering, private clubs, theaters and assembly halls,
business schools, nonacademic colleges or trade schools and public,
parochial and other private elementary, junior high or high schools
offering courses in general education, and not operated for profit.
The Lubavitch Yeshiva facility is similar to educational acti
undertaken by private high schoo2s. The Yeshiva school has a
designated school year schedule, curriculum, instructors, students
and tuition requirement. Because of its relatively small size the
school operates out of a former single family residen=ial facility.
Most of its students, similar to private prep high schools, also
reside at the facility during the school term. Withia S-2 districts,
mixed residential and commercial uses are allowed.
b. That the traffic generated by such use is similar to one or more of
the principaI uses pezmitted.
This finding is met. The traffic generated by the proposed use is
similar if not less than most uses in a B-2 district. The tra'_fic
generated by the school will consist primarily of instructor and some
student trips. The low traffic volumes generated by the schoo_ make
it comparable to smaller scale office and workshop activitie=_. Other
B-2 uses such as retail estab2ishments, restaurant, Frivate ciubs and
theaters would have traffic volumes that exceed the s=nool
activities.
c. That the use is not first permitted in a 2ess restric=ive zo-`_zg
district.
� �•
DETERMlNATfON OF SiMiLAR USE APPLfCAT{OfN
Depa�lment of Planning and Economic DevelopmeRt
Zoning Section
II00 City Ha11 AnneY
25 West Fou�th Street
Saint Pau1, MN SSIO2
166-6589
APPLICANT � Name �� �� �V
Addrecc 2 �-�
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City S� PAvC-- St. /W�Zip SSIO�/ Daytime pho
Name of owner (if different) Nf�L'N/YIRr'� (,c�l t.-f'��"�
Contact person (if
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PROPERTY
IQCATION
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REQUEST: Application is hereby made under the provisions of Chapter 64, Section 300,
Paragraph (� of the Zoning Code for a Determination of Similar Use.
Current use �JATE �c.� t—tU115 f�`trl �c *1COt_, w177-f ��'.�'i�
Proposed
Z 2.�-
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SUPPORTING INFORMATION: Provide the foilowing information (attach additionai sheets if necessary).
❑ ls the use similar in character to one or more of the principal uses permitted in the zoninc district?
.
� y�s. S�E �GaU 5�� (a)��� tr���� �i��d[�- S�k� (
❑ Is the trafific that the use witl generate simifar to traffic genereted by one or more permir.=_d uses?
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Q Is the use already permitted in a less restrictive zoning disirict?
yGS,
Required site pian is attached ❑
Appiicant's
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L� i S ./ A N 9�( 2 G(.1� �. Current Zoning�Z
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LUBAVf�CH . WEXLER
YESHIVAHoF �@�' LEARNING
MINNESOTA INSTITUTE
RABBI NACtlhUN WILHELM. oun
To the members of the zoning committee,
Greetings and blessings,
Yi
d0 - /J 7 ' 37.s
I was very pleased fo see that you dealt tivith and stuck to the issue of zaning, without
miYing in issues of student behavior or otganizational running of the school.
Atthough I am in a way condoning improper behavior ott the part of the siudenu,
nonetheless you see yourselves and you will see from the enclosed letters, the ereat service
provided by the Yeshiva and their effort in the enhancement of the area and the city.
Even the small amount of "disorderly condact" that was — was several }ears a�o, and no
such behavior has take place the last 2 years, as will be corroborated by those ��ho as of no��
stand against me — if they choose to tell the truth.
Although I held myself back uniil now from mixin� in those issues, j}ut since I've been to
t�vo meetings �vhere evil seeking people have decided to besmirch and speak lowly of such an
holy organization, I can no longer remain silent in the face of such faise accusations.
] will reiterate, this has nothing to do with the zonin� issue, which has its own rule; and
laws, and, G-d wil(inR. the jud�e in that issue will de as he should.
Amon� the enctosed letters are:
Letter from government members who participate in and admire the projecU of the Yeshiva.
Letters from non — Jews, who visit regularly and admire the Yeshiva
Stores and establishments in the area that benefit from and enjoy the patronization of the leshiva.
:i� _
� "
t�'CQ9��
D o - //7 3 �s
Diversified Coffee Products, Inc
2038 Marshall Avenue
St Paul, MN 55104
(651)641-1987
March 13, 2060
St Paul Zoning Commission
St Paul, MN
re: Lubavitch Yeshiva
Members of the Commission:
We have been informed that our neighbor, the Lubavitch Yeshiva of Minnesota, is requesting a
zoning variance for their property on Wilder Ave. This propeRy is directl}� adjacent to ours.
They have been exemplary neighbors since they moved in about 2 y�ears ago and have alwa}�s
maintained themselves as gentlemen.
If �ve can answer any questions related to their application, please do not hesitate to contact us.
Thanks for your consideration.
Sieven Chall
-� �z.����
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FRJI". : 7erry and f:ichclle ToM�.n
Ft�.: h7. : 651°c'7�^JSe3 Niar. :� 2�0D SL:G9Rf'i al
oG -i/7 �37.s
iGRY g MIC�81�810�IIS9p
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t aat L�YC 1d:rur.tats SSO23
Pom: G51 •27G-TI51
Fas 631�JR2-ISEO
H� Ph�x�a 65 L•982d550
Yeni[ wmn�ECi�u�w.tat
��n ia, 2000
Cit� of S. Paul
Ciry Hait
S. Paul, MN 55101
Dcaz Zoniag Committx.
We u�ouL� likc to tell you abo� Rabbi Nachman Willhetm , tLe Yesshiiva of Mieaawrr aed his s2udcvts. Wc tia�ti
known Ttebbi Wilhelm for about ecn y�a. Rabhi Wil6clm is a cicsc &iend, and ae S�ve obscnrd Dim, his boys
aad t8e wondesfui way he mm the Yah»a. Nachmmaa [v�s substaaCal "tmc�iag'' si�ts. In addiaon to asd part of
thc smdetiLs Reiigious Educstion, Fk is doiag a vc�+erlul Jof+ Uesching lusboys to be good r,►snbe[s of theit
mmmunity. They wiU alwm go out oEthdr way to help athers and tl�eY Pay dose artenrion to the rafeiy aud
scuuity of sE�ar mighborhood.
17y; Ycshivr of Mitu,�sor,� Wexkr Leaminy Institute is a smatI ach�ot with a wortdwicie waiting Iist 77e. benefits
of hs�'x�e mch a rcesn�cd schoot in the mu-goveGr.d area maa}•, aad it t�ould be a grrat !ea� to the community if
ihe schoo[ had to amve in a shoA tiwe.
Flcau gire the rahbis requat for a vanance yon: u+Q priotity u thr most impom.+at Fhing a schoot must harro is
subiiity. 'Che Yahiva mus have stablIity to xnsinue to be a ctrong part of tt�e community.
SuuuelY.
� � /��� R
Tem Sichelie Iohasoa
�o-c��Z
Zoning Commttee: Littan Field, Chair
Steven Gordon, Cazole Faricy, Jennie E� Dennis Gervais,
Richard Kramer, Gladys Martin, Dick Noti�lin
% Department of Planning and Economic Development
Zoni�g Section
1100 City Hall Annex
25 �Vest Fourth Street
Saint Paul, MN 55102
March 3, 200Q
Dear Mr. Field:
I am �vriti�g to you as a member of the Buildi� and Land Use Committee
and of the Board for the Merriam Park Community Council. One of the
expectations of Board members is to encourage and support neighbors to
pazticipate in the activities of the Board in particular, and in city government, in
general.
The experience in the Zoning Committee meeting yesterday, nfarch 2,
2000 tivas a frustrating and demoralizing experience for the five neighbors �rho
made the effort, at no small expense, to attend the meeting in the expectation
they would have an opportunity to speak.
At the previous meeting on Feb.17, the matter of the detemunation for
similar use for the Lubavitch Yeshiva of Minnesota at 225 \orth t�'ilder �� as
discussed and the motion cvas passed to lay over any dedsion until the next
meeting, March 2"�.
During the intervening hvo weeks, I had several contacts �cith Sheril}-n
Young, at I�4PCC �vho in turn had contact �cith staff at Planning and Economic
Development, as late as the morning of the meeting. At no time, �cas she
informed that the public meeting section of the hearing �cas closed. It ��-as not
until the neighbors and I arrived and asked for a cop}• of the agenda did ive learn
that the pubtic hearing tiras closed.
I appreciate that you as chair, c��ere �cilii� to entertain a motion to let the
neighbors speak but very• disappointed that other committee members �vere not.
The neighbors recognize your committee's responsibiliri� to conduct }•our
proceedings impartially and apply the zonir� code justlr for all. Ho�cever, an
ackno�+�ledgement, if not an apology, for the misunderstanding that no public
testimony ��=ould be taken and an acknowledgement that neighborhood concems
had been noted `ti�ould have been appreciated.
The written submissions of the neighbors demonstrate their overriding
concern over the further delay of a zoni
Cc: Andy Given, President 1��fPCC
SheriIyn Young, Staff MI'CC
Mar-02-OU 11:1yH b�i '-�-
I �p- //7�31�'
My name is Kathleen M. Daniels and I live at 216 Wilder St. No. in Merriam Park,
St. Paul.
This issue is impoRant to me because I Iive aoross fhe street from the Lubavitch
Yeshiva of Minnesota at 225 Wiider St. No. and have been directly affected by
various activities at the schooL lNhen i firat learned that this property was going
to be used as a school for Rabbinica( study I was quite excited both far the
diversity it woutd brirtg to the neighborhoad artd secondly, because my home is
closely located to iwo other instituiions of learning that have proved to be good
neighbors. I assumed that this school wouid aiso be a good neighbor. i'm afraid
it has not been one.
i'm concerned that not enough considerat�on went into the decision of where and
what was needed to provide both a learning and living environment for young
men in Rabbinical studies. As far as a lea rning environment I would hope the
ritualistic sounds could be contained within the school. It is not uncommon for
me to hear the ritualistic chanting coming from fhe house at a!! hours ot the
night...some nights ! can sleep through it �ther nights i just endure it. This does
not go on ever night, however it goes on e�nough to be tiring. Apparently, the
house is not properly insulated for sound. As far as a Iiving space, the home has
many limitations for so many young men laving together under one roof.
Recreation is a necessary outlet for ail the•ir studies unfoRunately some of ihe
recreation takes on undesirable characterustics, such as: roof c�imbing (a
common past fime in the warmer weatherj, throwing giass botties from the 2" or
3 story of the house into the aliey, (an aliey that is used by foot and mofor tra�c
on a frequent basisj, playing drums at odc! hours of the night and day, and
undressing in front of large bedroom windows. Not all of the students are
responsible for this behavior however it ordy takes a few unsupervised or under-
supervised students to make things unde::irable.
I believe the home is inadequate for the needs of this school and that the
students lack appropriate supervision.
A good solution would be for the Rabbi to re-examine the needs of Lubavitch
Yeshiva and the needs of both a teachirtg and living environmenf. And then the
Rabbi should propose how this property couid serve as a Rabbinical Boarding
School within this neighborhood.
40 —117�3%c.
Oa-fa�rZ
W. Randoiph Herman
2a04 Marshatl Avenue
St. PauI, Minnesota 55104
Depaztment of Planning and Econoauc Development
Zoning Section
1100 Ciry Hall Annex
25 West Fourth Street
Saint Paul, I��t 55102
February 28, 200Q
RE: Determination of Similar Use Request
225 N. Wilder
# 0011737
Attention: Jim Zdon
I had not intended to address the Zoning Cominittee but feel compelled to
because I��fr. Jerry Singer, Real Estate Agent for the Yeshiva chose to inform the
committee in the February 17"' meeting that I had signed a purchase agreement
for the property at 225 N. Wilder.
The deal did not go through for a number of reasons including:
• the property did not have a certificate of occupancy as alleged in the
cantract
• the property had suffered extensive deterioration and damage in the
months foliowing the signing of the contract
• and I become increasing concerned about the physical safety of the
' student residents in a building without a fire inspection.
I support a special use pertnit for this property if :
• a special use permit �vill insure a rehabilitation of the property to
insure the physical safety of the student residents
• enforceable conditions are delineated as part of the speaal use pemut
that �vill bring the property up to neighborhood standazds
• any ne�c o��-ner of the property must abide b}° those �ame conditions.
Sin 1��, /
�����
�
\�/ :
✓
0 0 -//7 37s
February � 6, Z000
Mt. Jlm Zdon� PED
Zoning Gommittee, Clty Hali Annex, 25 W. 4`" Street
s�tat Paul, MM 551GZ
Daar Mr, 2don:
We are writing to oncourage the ZonlnB Commktee to rota against
albwing the house on YYilder (betwoen Dayton and Marahall) to continue to be
nsed as a rssidential school. The tack of a fit for this housa to s�rve as a
re$[dcntlal schooi tor ovcr �S doys at a tfine (smatl house, elose to ether
houses, Tew parking spaces In drive way anC garage, Ro yard !or studants to
play) have targoty led to the prob�ems that have occurred whlle the curtont
ovyncrs hava operatcd thc school. 7hese proDlems includc dlsturbin9
neighbors wtth loud nolse thrnughout tl�s eventng, students damaglog area
pr�perty including cars parked on the strect where the boys who attcod the
sc}+oot play, and rack►css dAving thraugh th¢ stop s�9n at Daytan and Wilder.
The past few years have cicarty proven that a residentiai school is a very poo�
usp ot thla hous� gfv.n abwo problams.
.In addition, we encourage you to require the tubavitch Yeshira of
Mlhneeofa to correct the above probtems Immediately' We and et�any otber
nefgh4ors have iived with a4ove probiErms for years wt�lle Lubavitch Yeshlva
has 1llegally operatcd w)thout thc proper zoning or Ilcensc! This Is not fair to
thf nelghborhood. Plcsse requirc the school to make the follow[ng much
1+�deQ ehae9es
-Hire adults who will property superv�se the scudenu after 9pm in the
cvgning. Currently, a(�w young men (appr. 20 years old) not that much otder
than the students arc t�+e unly supervisors In the evening. They are clearly
not onforcMg ru{a: and most studrnt behavlor problarru accur alter 9pm.
'-Provide time for students to play at arca play �rouhds rat�+er 2han in the
st�eet where damage is done to cars. 7he schoo� needs to provide more tlme
� be�ween cfasses ta aliow the students* time to get to and �ack TTOm a play
gr�und which !s one block s�way.
I
-The schoo( should drive the van down main routos such as Marshall and
G{Qve[and rathsr thea eontlnuaHy runrting the stop sf8n at Dayton and WlFder,
`Based on the neighbocfiood mceting with the RabbS, we are ccrninced that
th� bnly way the schOOt will make theso cnanges Is for the City to roquire tAe
se ool to make them until �he time the scfioot moves on.
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1573 5eiby Avenue • Suite 311 • St. Paul • Minnesota • 55104 • 651.645.6887
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February 16, 2000 j
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Zoning Comtnittee of the St. Paul F'�anning Commission .
c% Jim Zdon, PED
25 W. 4th St. �
St. Paui, MN 55102 ;
Re: Lubavitch Yeshiva uf
Request for a layover
Dear Zoning Commiace:
i at 225 No. Wilder
March 16
On February 9, 2000 tha Mtrrixm P k Communiry Council votcd to requesc a
Isyover on this matter until the Zoni�g Committee's March 16th meedng, which
follows the Conncil's next meedng arch 8. At thst time we will have a
rccoaunendation on the Daeaz�inauon of Similar Use for this boarding school.
sn�r, 1
�""'ry i"�" �°"'"� """ We have not had ume to prepan: a�ll recommendarion to the Zoning Committee
*+��+ M�� for chis February 17 public heazing. Our Council received norice of the applicauon
F�,,.,,e�. on January 27th, 2000, but was una le to coordinate a eommuniry hee.�ing to
,�,�;, p „�,, ; ,� teceive input from affected conunu 'ry membas t:ndl Febtus[y 10.
"�^� u''°'""' Since the Council has r�ceived quit� a tric of communicauon abouc rhis properry
1tmo�svAcP�va�an.s
from concemed neighbors over the ast year, we fetl it impaadve that our
""°�"`� recommendarion on this issue considers input from chem, as well ae �he applicane.
usr ort�c.,e� c�u
Those concems rdnged from naffic'a.nd lace nighc noise to percepaons of inadequate
s"°' ""'' smdent supervision. �
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A„�c. x ��s;� We respectFully �ques� a laywer o�this case unal the b�CC can make a
J ,,,, W ,,,� recommendarion which eonsiders in ut fmm affected community memtiaets.
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Via Certi�ed Mail
Article No.
Z 421901 083
September 7, 1999
Director
Lubavitch Yeshiva
225 N. Wilder
St. Paul, MN 55104
Deaz Sir,
Glen R. McCluskey
Holiy Radis-McCluskey
2016 Marshall Avenue
St. Paul, MN 55104
(651) 646-9642
As one of your nearest neighbors, I am writing to you once again to bring to
your attention that the manner in which you operate your house at 225 N.
Wiider has resulted in a situation that is intolerable to my householc3. Your
continuing activities are an unabated infringement upon the enjoyment of m3�
property, which is located directly across tiVi�der Street from yours.
Although, I had understood from your for sale sign that you would not be
continuing to run your school at its current location, you obviously have
undertaken to continue the school from the Wilder house. I wish to impress
upon you that the operation of your business is having deteterious effects on
the neighborhood in addition to being injurious to my family. This is an
important factor that you should consider.
Several times in the past three years I have found it necessary to bring to the
attention of you and the various young men who are in your driveway, your
neighbor's driveway, and in the public roadway, that the activit} in which
they were currently engaged was disturbing to me and my wife. This has
included the honking of car horns, loud basketball playing, general horseplay
in the roadway, and well as the erratic movement of your man5� �•ehicles.
Letter to Labavitch Feshiva � Of g , September �, 1999
cp-�� �
mutual safety. As well, it creates a strong likelihood of avoidable velucle
damage.
3. The playing of basketball in your driveway has been a continuing source
of noise and disruption for me. I have brought this to your attention on
several occasions in the past. My bedroom window is located on Wilder
and I can hear ever bounce of the basketball and every shout of your
young men. Upon my making specific requests to you r that you do not
play after 10:30 p.m., you have on occasion responded by generally
curtailing that particular activity. I appreciate this. Ho�vever, with the
beginning of each new year, this basketballs playing goes on well past
10:30 p.m. unless I am forced again to request you to be courteous and end
this disruptive activity at an earlier and more reasonable hour. I have
never heard from you regarding what hours you intend to plap this game
or if you are even actually aware of my requests. Consequently, when the
basketball noise does continue past 10:00 p.m. it produces mental distress
for me. This is because I find, based on past experience with you, that the
basketball playing may continue until well past 1:00 a.m., preventing my
sleep and interfering with the quiet enjoyment of my residential property.
4. Basehall playing in your driveway, the adjoining drive�vay, the public
roadway and on my own grass boulevard is unacceptable, nois},
dangerous and has resulted in a continuing trespass by you to my
property.
Specifically, on Sunday, September 5, 1999, my brother and I�t�ere in my
backyard when a hard baseball entered the yard and continued «•ell to the
Letier to Lubavitch Teshiva 3 Of $ September ;, 1999
also in my hedge on several occasions that day. They entered my yard
several times to retrieve the ball. Obviously, the young men were taking
no steps to respect my property rights. I once again asked them to be
careful and I specifically requested that they keep their bail out of my
yard, off my property and that they not encroach on my grass boulevard.
Further, I asked them if they understood my request and if anything
about my request was unclear. They told me they uaderstaod and
that it was clear. Nevertheless, their ball entered my grass boulevard
area and hedge several times thereafter that same day Once again this is
obviousiy careless, thoughtiess behavior. It indicates that your activities
are maintained with no regard for the rights or feelings of others.
So that you will be aware, my neighbors to the south have told me several
times that your activities have been disturbing to them and to their tenants.
I was upset to hear that one of their tenants, a young woman, was brought to
tears by the continuing disturbance from your house and from your drive�'ay.
I believe that my wife and I have been extremely tolerant of your operation.
This was driven by the hope and the expectation that you would conduct
yourself with decency and respect for your neighbors, for the laR of the
state and for the ordinances of the city of St. Paul. However, m3 optimism
and my tolerance are now at an end.
You are quite obviously in the wrong location for such an expansive and
disturbing operation. Further, it is clear that your young men lack
asked them on September 6 and September 7, l999 if a
supervision.
supervisor or person in authority was in the house with whom I could speak.
5 o g g Sepcember 5, 1999
Letter to Lubayitch Yeshiva
cx�-CQ�i 7
of your continuing activities aze injurious to my property rights or have a
strong potential to be injurious.
I would like to discuss these matters with you or your authoriZed
representatives as soon as possible. It is my goal to work out a solution
whereby I can enjoy the rights I have to my property.
It is not my goal to bring any discomfort to your organization, however, you
have shown absolutely no regazd by my rights, nor any caze for this
neighborhood of which we are all a part.
By way of example, you should be aware that we have two other schools in
our neighborhood which I believe have taken appropriate action to be
zesponsibie toward their students and toward their neighbors. St. Mark's
grade school is located only one block away, yet provides no disturbance to
the neighborhood. This is because they have adequate lands and
organization to handle their activities. They have a safe, adequate,
fenced play area for the children. Without such a space, these children
too might play in the street; providing a risk of injury to themsel�•es and
others. Naturally, this would not be acceptable to the school nor the parents
of the students, nor to the community. This is good eaample for you to
follow.
St. Thomas College has a major presence in this community. The school has
been criticized in the past for the noise and disturbance caused b5 its off-
campus students and its on-campus activities. Because the of this, the
College has joined with the Merriam Park Community Counsel in creating
the SCOOCH Committee whereby a dialogue is created between the
neighborhood and the school and such probiems can be resolved. For yoi�r
review, I have enclosed a recent flyer from St. Thomas alerting the
neighborhood of its upcoming events. The flyer indicates that steps have
been taken to limit noise and traffic. This alone is reassuring and
I,etter to Lubavitch Yeshiva � Of $ September ;, 1999
St. Thomas Oufdoor Activities Notification
To the neighbors of St. Thomas:
Schoo! is starting up again with move in over Labor Day weekend and we wouid
like to take this time to fet you know about some of the ways the community wiA
be ceJebrating this falt. Steps have been taken to limif the haurs during which
music will be played and to locate the events in campus settings where the noise
level wili be most contained.
Tuesday, September 7
RNA Fun i� the Sun - D.J. Music, Food, Games
1-4 p.m. Upper Quad �
Friday, September 10
Residence L'rfe Boardwalk - D.J. Music, Food, Games, Pr¢es
5 -10 p.m. Upper Quad
Piease feel free to join us from 5- 7 p.m.
Saturday, September 11
ACC/STAR FootbaA Extravaganza - Live Band, Prizes, Food, Ctimbing Wail
11:00 a.m. Lower Quad
This event is for UST siudents with ID. Please join us for the game at '1:00 p.m.
Sunday, September 12
i2� St. Paut 8icycle Classic
centered at lot H
Friday, September 18
So�( Asylum Concerf - Live Band
4 -10 p.m. Lower Quad
This event is for UST students with ID.
Friday, September 24
Sabor Tropical Band - Live Band
- 7 - '10 p.m. Lower Quad
This event is for UST students with ID.
We hope these events are not a dist�rbance to your life in the neighborhood.
Please contact the Center for Student Leadership and�Activities (962-6130) with
any questions before the event. During the evertt plea§e refer questions to
Public Safety (962-5100).
Thanks so much and Happy Fall!
Lee Hoedl, Director
Center for Student Leadership and Activities
oo-��t 7
Glen R. McCluskey
2016 Marshali Avenue
St. Paul, MN 55104
(651) 646-9642
February 6, 2000
To Whom it may concern,
Re: �DDENDUM
This a an note regarding the response I received from my letter sent to
Lubavitch Yeshiva of September 6, 1999.
On September 22, 1999, I received a call from Mr. Moisha Weiss, who stated
that he was in charge of the physicai needs of the school.
He stated that the schooi had cut its enrollment and that it would only be at
its current location for the rest of the year because the building had been
sold.
Further, he stated that he was working with Merriam Park to get the lights
of the pazk turned on later into the evening.
Finally he stated that he would invite me over to speak to the bo� s in the
near future and discuss my concerns with them. He stated that there would
probably be about 25 people at such a meeting. I agreed to attend and would
await his call.
He never called back and I was never invited to speak to the boys as he
offered.
Sincerely yours,
i ����.
,
Glen R. McCluskey
Sent By: ROSEN & ROSEN PLLP;
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657 223 8574;
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�atement of i ubavitch Yec iva
The i.ubavitch Yeshiva respectfitliy requesis that the Council grant its petition for
dctermination o£similar use_ The reasans to grant our petition are well stated in @ie city stat'f
report recommending approval of the petition and in the remazks of Ptanning Commissioncr
Cordon which have been rewrded in the planning commission minutes.
We are an institution tliat fills the vital neul of this community and olhers for orthodox Jewish
secondary schooi education. Our Wilder property is our home.
All ofthe faefs ofwhich the Council has bcen madc aware indicate that approval olour
petition is consistent with the ordinances, is fair, and will benefit the community.
•
�J
Saint Pnul Pllnning Commission
City Hall Conference Center
15 Keltogg Boulevard West
Minutes of March 2�i, 2006
A meetin�, of the Plannin� Commission of the City of Saint Paul �vas held Frida}', 4farch 24, 2000, at
S30 a.m. in the Conference Center of City Hafi.
Commissioners Mmes. Donnetly-Cohen, Ditarte, Faricy, Zimmer Lonetti, and btoROn
Present: and Messrs. Airon, Anfang, Corbey, Dandrea, Field, Fotsch, Gocdon, Johnson,
Kramer, and Mardell
Commissioners Mmes. "Engh and McCall and Messrs. �`Gervais, Kong, Mazaulies, and Shakir
Absent:
*Excused
Also Present: Larry Soderholm, Plamiin� Administrator; Tom Harren, Richetle Nicosia, Lucy
'Chompson, Allan Torstenson, and James Zdon, Department oF Plannin� and
Economic Development staff.
I.
II.
Approval of Minutes of February 2�, 2000
�
D'IOTION: Conin:issioner AltoJe »ioved apprnva! of tlie miru�tes of February 25, 2000. �
Cornntissiot:er Duarte seconded tJte �notion and tlte miiudes were approved on a
tu7aninioas voice vote.
Chair's Annoimcements
Cliair N(orton stated the Plannin� Commission Retreat will be nzxt Frida}�, March 31
from 3:00 a.m. to 1 1:00 a.m. Tliere �cil f be a tour of Phalen VillaQe afrer the rneeting
and we will also be orderin� bo� lunches for those �vho wish io ha�'e one. She stated at
nezt Priday's retreai she t� ill have a list of committee assi�nments available for you.
TR. Planning Administrator's Announcements
The CiTy Council approved the City Housing Action Plan. Gan Peltier of PED
coordinated the preparation of the Housin? Action Plan and he �cill have a presentation
here this momin� to talk about PED's work on it. This plan is done annually and is
required by the Nletropolitan Cow�cil for all municipalities to become elitrible for
Livable Conmiunities �rants. lVe have received four grants mider the Licable
Communities Proeram this }•ear, one for [he North Quadrant one for Urban Village
Zonnlg and t��o for soil clean-up. It is an important proaram for w and it is important to
achie�e metropolitan coordination to distribute affordab(e housing 2hrouehout the re�ion
\lr Soderho�in �:�id that L.�nd llse and 7rn�inR VVorl'shops 2re offered t��� the
Go�'ernment Trlining Ser� ice and he passed around their brochurz. PED has a bud�et �
r� . �
� for some Plannine Commission trainine.
`1r. Soderholm also made announcements about the Saint Paid �tinneapolis Home Tour,
the �tiller Fillmore dinner on ri�•er decelopment, and a Ramse}' Counn' survey on
transportation issues.
He passed lround the PED Annual Report and said the Planning Commission's Annual
Report �vill be passed out ne�t �veek at the retreat.
Mc Soderholm said Commissioner Corbey �� i I I have sur�er} on March 30. He wi(I be
out foc a couple of months, and we all �cish him well.
TV. Zoning Committee
#60-117-375 Lubavitch Yesl�ica of DIinnesota Inc. - Determination of similar use to
allo�c for ��rivate high school wiUi boarding. 22� �Vilder St. N. (J1mes Zdon 266-
6559)
MOTIO� Cn»nnissroner Fie(d stnted the 14'lerriant Pnrk Cotnnu�niry Counci[
reconinae�tded re7.o�:ing IO [lIIO3V tIlL' boarrlireo /miese, lrowever, oi: a vote of 5-1 the
Znni�to Cmm�eittee reco»:r�:entts deuiat nf tke app(rcation. Tl:ere is «n ecteitsive
resolt�timt i�: ynur prrcket tleat ref7ects t/te n:njarity opinio�e ojthe Zonirig Contmittee.
Strrff reconrir:ended approvnl nf tlee rrpp(icntion.
� Commissioner Gordon stated that he cotzd a;ainst denia{ of thz application. He feels
this application is appropriate under the Zonin� Code and does not feel there is a
leeitimate basis for deniai. Commissioner Gordon quoted from a letter dated March 2,
2000. from Citr Attorney Peter �Varner distributed to zonine committee, the letter states
on p1�e 3, "all of the above leads me to su,eest that in ecal�tatine this determination of
similar use application, you consider this application under the procisions of Le�islati� e
Code section 60.�336, ��hich pro� ides that principle uses in a B? zonino district ma}'
also IZa�e accessorc uses 1s defined in Lzsislative Codz sec[ion 60?O1. E�aluatin� the
application in order to detennine ��liethzr a private hi�=h school ��'ith an accessory studznt
boarding facility is similar to the private hi�h school principalh permitted in a B-2
district under Leeislative code section 60.�32K, darifies this application. It recognizes
the reality of the proposed use. It is a school providing on campus student housing
�cithin the contezt of the more objecti� e standards in the Zonins Code under Leeislatice
Code section 60?01 relating to accesson' uses." Thereafrer. in the subsequent staff
report dated March 7, 3000, pa,e 3 our staff stated: "At the \tarch 2. 2000 Zottin�
Connnittee meetin„ tlie City lttorne} provided an 1lternati�e rltionale for approvina the
cletermination of similar use application. That rationale is ba;ed on findin� the boardin=
function an acce;son use to the Rabbinical School." Staff beliz� es that its findin�s and
the Ciq' Attornzc's rationale represent lesitimnte alternati� zs for approvins the
application. The L�Odi'<III7` 1t LUh�\ ITCI7 Yeshi�'a meeu the d;finition ofaccessory use in
60.?01 of the 7_onim_ Code because it is a use that is clearh incidencal to and
cu;[omaril. found in connzction �cith th: principal iue to ��in;h it f> related. a private
hi_h school." So ��c ha�e. the opinion of the Cit� Attorne� and the opinion of our stafT
• �
that diere is a legitimate, 11«fi�l rationale foc grantiit? this application under the existins
zoning code. So ��hat �i�ere the problcros �� ith this application° The problems were, in �
teri��s of testimony and itiritten canmtmications fran a number of nei;hbors, that there
were a number of students a[ this facilitc «ho ��ere not well supenised by adults. The}'
tended [o make too much noise, p!a} ii1 the street, aitd sometimes «'he�i Yhey rvere
en�,a��ed ia recreational ac[i��ities, thro��'ine a softball or football it may hit a car or a
house and possibly cause some dantage. AI( of these were legi[imate concems. Staff
�vas asked to make recommendations to deal «'ith those leeitimate concerns. Staff at the
Zonin� Committee meetin� came in �vith recommendations that there shoutd be on-site
adult supervision at all times, there should be quiet time after certain hours, and for
outside sporting activities, students sliould Qo to the nearest rzcreational facitity. These
are reasonable conditions ai the use that deal �aith those leoitimatz concerns.
Commissioiier Gordon feels that it is unreasonable to deny this �roup approval oftheir
application. He slid he ��ould vote 2sain;t the motion and he ��ould encourage his
fellow Plannine Commission members to ��ote a�ainst the motion.
On n roll cntl vote of 11 to 4, tiie motion passed to deny the application for a
detcrmination of similar use to nllo�v a private hi�h schoof �cith boarding at 22�
�Vilder St. N.
#00-I1S-413 AT&T �Vireless - Special Condition Use Permit to allotir AT&T to
attach 6 pnnel antennas to a chimney stack on n residentiat structure less than 60
feet hidfi. 682 Grand Ace., south�cest corner of Grand at St. Albans. (Danette
Moore 266-6��1) �
MOTION: Conetnissioi:er Field nmved rrpprova( of tke special conditiost use pernzit to
allow AT&T to attacle 6 pru:e! t�ntennas to a c/tinv:e�• stacF at a residentialstructt�re
less tlrait 60 feet leig/r. 682 Grrutd Ave., sordlrx�e,rt coneer of Graf:d «t SL Albans. The
17ZOIf017 C(iff(L'(I [lllQtl[F170f[SI1� Oli (1 1'OICC' t'OIH.
Commissioner Field thanked staff for [he e�cellent job «orki;�s «i[h applicants on recent
antenna cases. Conunissioner Field stated his appreciation ior information on the need
or Iack of need for the antennas as ��el( a; maps and charts on the alternative sites
considered.
#00-119-ISI Harriet Islancl Performance Staae - Special Condition Use Permit,
River Corridor modification, and height variance to allo�c the decelopment of a
perlormance stage in Harriet Isl�ncl Regional Park. (Lucy Thompson 266-6578)
MOT[O� Comnrissioirer Field nrn��ed r�pprnvrrl nf �r special coraditiaz �cse permit, n
River Cnrridm� nrodificatior:, artd ri hei�lrt vrrriaiace to «lloir 11�e developrnettt of a
perfnrnrtnrce sttr,e m Harriet Lsltmd Regrnn[r! Prtrk.
Qecaiue therz «ere zor,in�, requests a�sociated �� it(i thi� ca_e. tlie Zoning Committee
dcalc �� ith them as three separate motioiti. At thz 7_oning C.�:nmittze meetino one spo:,e
in suppo�t. one per;on spt�ke in opposition. The peron ul:�-;po,l: in opposition
�
�
�'��
Angela Pa2omo
1996 Marshall Ave.
St Paul, MN 55104
Dear Council members,
S�%v
����f��
May 5 2000
As block club leader, I am writing on behalf of the Merriann Park neighbors who have
been involved in the iubavitch Yeshiva school zaning situation. Yes, there have been
concems about noise, properiy damage and building condition. However, the bigger
issues have become a child safety, and b)compiete disrespect for our neighborhood.
Upon inquiry, a student recently admitted that oftea their "adult supervision" of over
15 boys is a 19-yeaz old student There ue 3`� floor bedrooms with no fue escapes,
basement bedrooms with no windows. They use their driveway for ezercise because they
aren't given time to go to the pazk (two blocks away). Rabbi Wilhelm claims they are
trying to seil the building—why, then, did they recenfly raise the price on a building thaE
has been on the market for over six months? A building that doesn't even have a current
Certificate of Occupancy.
For two years we have reached out to the Rabbi with no results. There aze many rental
properties in this area, and many schools. We are proud of our diversiry and we ceiebrate
the dedication it takes to make our community strong. Rabbi Wilhelm has tumed his
back on our efforts.'fhe neighbors have been more than patient, the city negligent. If
these boys were from Central or Cretin-Derham high schools living under these
conditions, you can bet they wouldn't have been there three weeks much less three years.
A determinalion of similaz iue would indicate that the boarding school is similaz to a
business and would altow for residential and educationai use. That's convenient, but not
right...in what way are these students' Iiving atrangements a business? Rabbi Wiiheim
says, "the issue shouid be decided on the basis of wning regulations, not on whether
neighbors like the school and its students." He's absolutely right And, in Merriam Park,
the education and welfare of children should never be and WILL never be a business.
Sincerely,
Angela Hanzel-Pa(omo
Block Cluh Leader
��
� -��
My name is Kathleen M. Daniels and I live at 216 W{der St. No. in Merriam Park,
St. Paul.
This issue is imporEant to me because t live across the street from the Lubavitch
Yeshiva of Minnesota at 225 Wilder St. No. and have been directly affecfed by
various activities at the school. When 1 first leamed that this properly was going
to be used as a school for Rabbinicai study 1 was quife excited both for the
diversity it would bring fo fhe neighborhood and secondly, because my home is
cfosely focated to two other institutions of ieaming that have proved to be good
neighbors. 1 assumed that this schooi wouid also be a good neighbor. I'm afraid
it has not been one.
I'm concemed that not enough consideration went into the decision of where.and
what was needed to provide both a learning and living environment for young
men in Rabbinicai studies. As far as a learning environment 1 would hope the
ritualistic sounds could be contained within the school. It is not uncommon for
me to hear the ritualistic chanting coming from the house at all hours of the
night...some nights 1 can sleep through it other nights t just endure it. This does
not go on ever night, however it goes on enough to be tiring. Apparently, the
house is not properiy insulated for sound. As far as a living space, the home has
many limitations fo� so many young men living together under one roof.
Recreation is a necessary outlet for ali fheir studies unfortunately some of the
recreation takes on undesirabie characteristics, such as: roof ciimbing (a
common past time in the warmer weather), throwing glass bottles from the 2" or
3 story of the house into the aliey, (an alley thaf is used by foot and motor tra�c
on a frequent basis), playing drums at odd houts of the night and day, and
undressing in front of large bedroom windows. Not all of the students are
responsible for this behavior however it only takes a few unsupervised or under-
supervised students to make things undesirab{e. .
I believe the home is inadequate for the needs of this school and that the
students lack appropriate supervision.
A good solution would be for the Rabbi to re-examine the needs of Lubavitch
Yeshiva and the needs of both a teaching and living environment. And then the
Rabbi should propose how this property could serve as a Rabbinical Boarding
School within this neighborhood.
�--(�9 7
Via Certified Mail
Article No.
Z 421901083
September 7, 1999
Director
Lubavitch Yeshiva
225 N. Wilder
St. Paul, MN 551�4
Deaz Sir,
Glen R. McCluskey
Holly Radis-McCluskey
2016 Marshall Avenue_
St. Paul, MN b5104
(651) 646-9642
As one of your nearest neighbors, I am writing to you once again to bring to
your attention that the manner in which you operate your house at 225 N.
Wilder has resulted in a situation that is intolerable to my household. Your
continuing activities are an unabated infringement upon the enjoyment of my
property, which is located directly across Wilder Street from yours.
Although, I had understood from your for sale sign that you would not be
continuing to run your school at its current location, you obviously have
undertaken to continue the school from the Wilder house. I wish to impress
upon you that the operation of your business is having deleterious effects on
the neighborhood in addition to being injuxious to my family. This is an
important factor that you should consider.
Several times in the past three years I have found it necessary to bring to the
attention of you and the various young men who are in your driveway, your
neighbor's driveway, and in the public roadway, that the activity in which
they were currently engaged was disturbing to me and my wife. This has
included the honking of car horns, loud basketball playing, general horseplay
in the roadway, and well as the erratic movement of your many vehicles.
Leiter to Lubavitch Yeshiva 1 Of $ Septembes 7, 2999
m �� �
I have also written you letters in which I e�tpressed to you that various of
your activities constituted a nuisance to me. Although, I have encouraged
you several times to telephone me, meet with me personally to discuss the
situation, or to write me, no member of your organization has ever sought to
communicate with me in any manner whatsoever. Your activities continue to
prove disturbing and are disruptive of my rights and the enjoyment of my
property.
Specifically, the following of your activities are disturbing to me and
I request that such activity immediately cease:
1. The honking of car horns for any reason, other than as a safety warning,
must cease immediately. Last yeaz, a continual racket was created when
your young men used the horns of theix cars or vans as an indioator for
others to come out of the house and join them in the vehicle. Obviously
this is discourteous and unnecessary. Please take prompt steps to assure
this stops at once.
2. The continual coming and going of your vehicles is disturbing and
dangerous. Your vehicles and those belonging to others, appazently doing
business at your house, come and go at a rapid pace every day. Aithough,
we take great care, my wife and myself have nearly been hit several times
by your vehicles. They are driven with littie regard for other traffic on the
street. Those backing out of your driveway (which is aimost the exclusive
manner in which vehicles exit your driveway) do not appear to check to
see if traffic is approaching on Wilder. They certainiy to not check to see
if my wife or myself aze backing out of our own driveway directly across
the street. We would appreciate more care and courtesy in this
regard. It is very disturbing and potentially dangerous to our
Letter to LubavItch Yeshiva 2 Of $ September 7, 1999
t�-1p�7
mutual safety. As well, it creates a strong likelihood of avoidable vehicle
damage.
3. The piaying of basketball in your driveway has been a eoati.nuing source
of noise and disruption for me. I have brought this to your attention on
several occasions in the past. My bedroom window is located on Wilder
and I can heaz ever bounce o£ the basketball and every shout of your
young men. Upon my making specific requests to you r that you do not
play after 10:30 p.m., you have on occasion responded by generally
curtailing that particular activity. I appreciate this. However, with the
beginning of each new year, this basketballs piaying goes on well past �
10:30 p.m. uniess I am forced again to request you to be courteous and end
this disruptive activity at an earlier and more reasonable hour. I have
never heard from you regarding what hours you intend to play this game
or if you are even actually awaze of my requests. Consequently, when the
basketball noise does continue past 10:00 p.m. it produces mental distress
for me. This is because I find, based on past experience with you, that the
basketball playing may continue until well past 1:00 a.m., preventing my
sleep and interfering with the quiet enjoyment of my residential property.
4. Baseball piaying in your driveway, the adjoining driveway, the public
roadway and on my own grass boulevard is unacceptabie, noisy,
dangerous and has resulted in a continuing trespass by you to my
property.
Specifically, on Sunday, September 5, 1999, my brother and I were in my
backyard when a hard baseball entered the yard and continued well to the
Leiter to Lubavitch Yeshiva " 3 Of $ September 7,1999
Oer�97
rear of my yard. This was the result of your young men playing ball in
the public roadway and the driveway adjoining yours. I returned the ball
to one of your young men and respeetfully asked him to be more careful.
Aowever, he and his colleagues did not move their piaying position in the
slightest bit and a hard ball once again entered my property very soon
thereafter. This is dangerous and negligent. As well, continuing this
dangerous activity after being informed of its potential dangers, may be a
willful and wanton lack of care by you for the safety of those on my
property.
Earlier in the day, the young men were playing ball directly across &om
my yard and essentially using my Ford truck as backstop. This is
careless, thoughtless behavior and nearly outrageous. I told the boys to
please cease playing while we moved the truck. F`urther, I clearly
indicated that I did not appreciate having hazd ball played in a manner
which endangered myseif and could prove damaging to my vehicie.
However, it was after this request that the baseballs entered my yazd at
least twice; nearly hitting myself and my brother. I aiso asked the young
men why they did not play ball at the park, which is only about a two
minute walk from your location. They stated they did not have time. I
asked them if it was true, then that they had enough time to play ball, but
not enough time to walk to the park. They stated this was the case.
On Snnday, September 6, 1999, the young men were once again playing
ball in the adjoining driveway, throwing the ball in an east-west manner.
Several young men were in the street and subsequently, moved onto my
grass boulevard where they remained, running, jumping and sliding.
Although, I had requested that they take care in their ball playing and to
keep their hard basebail out of my yard, the ball landed in my yard and
Letter to Lubavitch Yeshiva � 4 Of 8 September 7, 1999
I r •'
also in my hedge on several occasions that day. They entered my yard
several times to retrieve the ball. Obviously, the young men were taidng
no steps to respect my property rights. I once again asked them to be
cazeful and I specifically requested that they keep their ball out of my
yaxd, off my property and that they not encroach on my" grass boulevazd.
Further, I asked them if they understood my request and if anything
about my request was uncieaz. They told me they understood and
that it was clear. Nevertheless, their ball entred my grass boulevard
azea and hedge several times thereafter that same day Once again this is
obviously careless, thoughtless behavior. It indicates that your activities
are maintained with no regard for the rights or feelings of others.
So that you will be aware, my neighbors to the south have told me several
times that your activities have been disturbing to them and to their tenants.
I was upset to hear that one of their tenants, a young woman, was brought to
tears by the continuing disturbance from your house and from your driveway.
I believe that my wife and I have been extremely tolerant of your operation.
This was driven by the hope and the e�cpectation that you would conduct
yourself with decency and respect for your neighbors, for the laws of the
state and for the ordinances of tlie city of St. Paul. However, my optimism
and my tolerance are now at an end.
You are quite obviously in the wrong location for such an expansive and
disturbing operation. Further, it is cleaz that your young men lack
supervision. I asked them on September 6 and September 7, 1999 if a
supervisor or person in authority was in the house with whom I could speak.
Letter to Lubavitch Yeshiva 5 of 8 September 7,1999
�-���
They informed me there was none. Clearly, 12-18 young men between
the apparent ages of 15-18 occupying a house without any adult supervision
will result in problems. This is negligent and careless on your part.
Please be advised that your operation is not a business, paramount to the
rights of home owners in a residential district. Nor is it dependent on a fixed
location.
Your business operation disturbs the peace and quite of the
neighborhood and of myseif and endangers the safety and security of
the residents in this neighborhood. Further, you aze unreasonably
interfering with my property rights and your ogeration has become
a nuisance.
Please consult Minnesota Statute § 561.01, which states,
Anything which is injurious to health...or offensive to the
senses or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property, is
a nuisance. An action may be brought by any persons whose
property is injuriously affected or whose personal enjoyment is
lessened by the nuisance, and by judgment the nuisance may
be enjoined or abated, as well as damages recovered.
Further, please see the case of Robinson v. Westman, 29 N.W.2d 1(Minn.
1947), wherein a riding stable, while not a nuisance "per se" was found to be
a nuisance in fact, by reason of the manner of its operations, particulariy .
because it was located in a residential neighborhood where the effects
of the business affectecl the health and property rights of those in
the vicinity. fihis is analogous to the situation which you have created.
In this letter I have attempted to lay out very clearly which aspects of your
continuing operation are disturbing to myself and my household and which I
feel are a danger to the personal safety of myself and my relatives and which
I.etter to Lubavitch Yeshiva 6 Of 8 Seplember 7,1999
4� ��7
of your continuing activities are injurious to my property rights or have a
strong potential to be injurious.
I would like to discuss these matters with you or your authorized
representatives as soon as possible. It is my goal to work out a solution
whereby I can enjoy the rights I have to my property.
It is not my goal to bring any discomfort to your organization, however, you
have shown absolutely no regard by my rights, nor any care for this
neighborhood of which we are all a part.
By way of example, you should be awaze that we have two other schools in
our neighborhood which I believe have taken appropriate action to be
responsible toward their students and toward their neighbors: St. Mazk's
grade school is located only one block away, yet provides no disturbance to
the neighborhood. Ttris is because they have adequate lands and
organization to handle their activities. They have a safe, adequate,
fenced play area for the chiidren. Without such a space, these children
too might play in the street; providing a risk of injury to themselves and
others. Naturally, this would not be acceptable to the school nor the parents
of the students, nor to the community. This is good egample for you to
follow.
St. Thomas College has a major presence in this community. The school has
been criticized in the past for the noise and disturbance caused by its off-
campus students and its on-campus activities. Because the of this, the
College has joined with the Merriam Park Community Counsel in creating
the SCOOCH Committee whereby a dialogue is created between the
neighborhood and the school and such problems can be resolved. For your
review, I have enclosed a recent flyer from St. Thomas alerting the
neighborhood of its upcoming events. The flyer indicates that steps have
been taken to i'vnit noise and traffic. This alone is reassuring and
Leffer io Lubavitch Yeshiva 7 Of 8 September 7, 1999
���
xesponsible. Further, telephone numbers are provided whereby
concerned neighbors can call both before and during.the event. This
is ezactly the kind of coaxmunication method which a responsible
organization should deveIop in an effort to be sensitive to the effeet
they have on neightiors. In your case, you have never spoken to me,
provided me with any means to contact you, nor have you ever taken
advantage of my requests that you contact me at any of the telephone
numbers which I have provided you.
You are not operating in a vacuum, hut you are part of a community.
Consequently, your continuing to ignore my requests to communicate about
this probiem and your continuing to operate your business in an unsafe and
disturbing fashion constitutes a nuisance. .
Please be advised that you can reach me at my office during working
hours at (612) 926-654? and at my home after working hours at (851)
646-9642. You can also knock on my door at any reasonable hour and
talk with me. I strongly encourage you to do one of the above as soon as
possible. You have offered me no clear channels to communicate with your
organization, so I want to clearly extend to you an invitation
and the means to contact me.
I hope you will do so promptly.
Sincerely yours,
�!%/�� ; %��j�
�i
Glen R. McCiuskey
Enciosure
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�ebruary 6, 2000
To Whom it may concern,
Re: ADDENDUM
Glen R. McCluskey
2016 Marshati Avenue
St. Paul, MN 55104
{651) 646-9642
This a an note regarding the response I received from my letter sent to
Lubavitch Yeshiva of September 6, 1999.
On September 22, 1999, I received a call from Mr. Moisha Weiss, who stated
that he was in chazge of the physical needs of the schooi.
He stated that the school had cut its enrollment and that it would only be at
its current location for the rest of the year because the building had been
sold.
Further, he stated that he was worlang with Merr'sam Park to get the lights
of the park turned on later into the evening.
Finally he stated that he would invite me over to speak to the boys in the
near future and discuss my concerns with them. He stated that there would
probably be about 25 people at such a meeting. I agreed to attend and would
await 3iis call.
He never called back and I was never invited to speak to the boys as he
offered.
Sincerely yours,
i��' 4/ /
Glen R. MeCluskey
�-c���
St. Thomas Outdoor Activities Notification
To the neighbors of St. Thomas:
Schooi is starting up again with move in over Labor Day weekend and we woutd
like to take this time to let you know about some of the ways the community wiii
be celebrating this fall. Steps have been taken to limit the hours during which
music wili be played and to locate the events in campus settings where the noise
{evel will be most contained.
Tuesday, September 7
RHA Fun in the Sun - D.J. Music, Food, Games
1-4 p.m. Upper Quad
Friday, September 10
Residence Life Boardwalk - D.J. Music, Food, Games, Prizes
5 —10 p.m. Upper Quad
Please feei free to join us from 5— 7 p.m.
Saturday, September 11
ACC/STAF2 Football Extravaganza - Live Band, Prizes, Food, Ciimbing Wail
11:00 a.m. Lower Quad
This event is for UST students with ID. Please join us for the game at 1:00 p.m.
Sunday, September 12
12� St. Pauf Bicycle Classic
centered at lot H
Friday, September 18
Sou! Asylum Concert - l.ive Band
4 -10 p.m. Lower Quad
This event is for UST students with ID.
Friday, September 24
Sabor Tropicai Band - Live Band
7 —10 p.m. Lower Quad
This event is for US7 students with ID.
We hope these events are not a disturbance to your life in the neighborhood.
Please contact the Center for Student Leadership and Activities (962-6130) with
any questions before the event. During the event please refer quesiions to
Public Safety (962-5100),
Thanks so much and Happy Fall!
les Hoedi, Directar
Center for Student Leadership and Activities
t> ••
Gien R. McCluskey
2016 Marshall Avenue
St. Paul, MN 55104 .
Lubavitch Yeshiva
225 N. Wilder
St. Paul, MN 55104
July 19, 1999
Deaz Sirs,
I wish to strongly encourage you to promptly remove your pile of tree
branches and brush which is currently on your boulevazd.
The brush has been in its current location for at least one month and is
plainly a fire hazard. Further, it is likely a haven for rodents and other
undesirable pests. Without question it is an eyesore.
I would very much appreciate it if you would cause it to be removed soon.
If I can be of assistance, please feel free to call me during working hours
at 612-928-8000, ext. 108.
Thank you for your time and attention.
Sincerely yours, �
�
.i �%'r' (J/�/�����"�/ .
Glen R. McCluskey
� Cb
Pebruary 25, 2000
TO: Saint Paui City Council i
From: Kevin and Katy Anderson, 2022 Dayton Ave.' \�'
Re: House on �ider being used as a School {tubavitch Yeshiva of MN)
We are writing to encourage the Zoning Committee to vote against
aUowing the house on Wilder (between Dayton artd Marshail) to continue to 6e
used as a residential school. The lack of a fit for this house to serve as a
residentiai school for over 15 boys at a time (smali house, close to other
houses, (ew parkiog spaces in drive way and garage, no yard for students to
play) have largely Ied to the problems that have oecurred wfiile the eurrent
owners have operated the school. These problems include disturbing
neighbors with loud noise throughout the evening, students damaging area
property inc{uding cars parked on the street where the boys who atEend the
school piay, a�d recktess driving through the stop sign at Dayton and Wifder.
The past few years have ciearly proven that a residential schooi is a very poor
use of this house given above probiems.
Until the lubavifch Yeshiva of Minnesota fiinds another building, we
encourage you to require the school to correct a number of school
management problems that are further making this a negative situation for
neighbors. Please require the schooi to make the following much needed
changes:
-Hire aduits who wili properly supervise the students after 9pm in the
evening. Currently, a few young men (appr. 20 years oid, not that much oldcr
than the students) are the only supervisors in the evening. They are ciearly
not enforcing rules and most student behavior problems occur after 9pm,
-Provide time for students to piay at area play grounds rather than in the
street where damage is done to ca�s. The schooi needs to provide more time
between classes to aliow the students' time to get to and from a play ground
which is one bJock away.
'-The schoo! should drive the van down main routes such as Marshait and
Cieveland rather than conti»naily running the stop sign at Dayton and Wilder..
Sased on the neighborhood meeting, we are convinced that the only way
the schooi will make these necessary chaeges is for the City to require the
sehooi to make them. We and other neighbors have lived with the a6ove
probiems for years while the schoo! has iliegaily operated without the proper
zoning or licensel This is not fair to the neighborhood.
c�-�5z
W. ,Randolph Hermatt
2000 Marshall Avenue
St. Paul, Minnesota 55104
Department of Planning and Economic Develapment
Zoning Section
1100 City Hall Annex
25 West Fourth Street
Sainf Paui, MN 55102
Febzuary 28, 2000
RE: Determination of Similaz Use Request
225 N. Wilder
# 0011737
Attention: Jim Zdon
I had not intended to address the Zoning Committee but feei compeIled to
because Mr. Jerry Singer, Reai Estate Agent for the Yeshiva chose to inform the
committee in the February 17"' meeting that I had signed a purchase agreement
for the property at 225 N. Wilder.
The deal did not go through for a number of reasons including:
� the property did not have a certificate of occupancy as alleged in the
contract
• the property had suf£ered extensive deterioration and damage in the
months following the signing of the contract
• and I become increasing concerned about the physical safety of the
student residents in a building without a fire inspection.
I support a special use perntit for this property if :
• a special use pernut will insure a rehabititation of the property to
insure the physical safety of the student residents
• enforceable condifions are delineated as part of the speciai use permit
that will bring the property up to neighborhood standazds
• any new owner of the property must abide by those same conditions.
/ //%.!-- •
, r ,�
�_���
Stefan Piambeck
2006 Marshatf Avenue
St. Paul, MN 55104
City of St. Paui
Department of Planning and Economic Development
Zoning Section
March 1, 2000
To whom it may concem:
Our family lives down the alley a fiew houses in from the property being
considered for the re-zoning. We are not averse to the re-zoning of the property
as long as the parties responsible for the house adhere to a number of basic
conditions. �
First and foremost would be supervision of the house and the people {iving in the
house. To my knowledge there is no adult living in the house to serve as a
supervisor, not only of the property, but also the students. As neighbors our
concem is that the house and the area surrounding ihe house, including the
alley, sidewalks and even the street is an eyesore. The upkeep of the property
seems not to be a concem to the owners. We would request a sensitivity and
responsiveness not only to adhere to city codes, but aiso to maintain a minimai
sense of responsibility to keep our neighborhood cfean.
In addition, on numerous occasions, the students living in the house may be
found in the alley in our block throwing Frisbees, baseballs and footbalis which
land with great frequency in the back gardens and on the roofs of neighboring
homes, ours included. There are other venues nearby in the neighborhood for
these activities. I wouid encourage those who function in supervisory roles at the
house to noi oniy be informed as to the activities of the students at all times, but
to steer those activities to locales where property and chifdren are not in the line
of fire.
� t`
Regards, ; � f ���-�"(.
!
Stefan �.. ec
1
. i i �s . . OD-1Q�1 Z
, Dan Rowa & Assoeiates - -
PrastheGc, OrthoUc, and Pedorthic Care
2032 Marshail Avenue
S� Paul, MN 55104
Phone: {612) 645 9481
Fax: (6i2) 645-0944
1285 Nininger Rd., Ste.104
Hastings, MN 55033
Phone: (612) 437-2488
Fau:{612)645-�944
Cuyuna Regional�Medical Center
320 East Main Street
Crosby, MN 56441
Phone:(612)645-9481
Fax: (612j 645-0944
DEAR SZRS:
DATE: FEBRUARY 22, 2000
T0: ` C /`�
FROM: DAN ROWE, CPO
RE: PROPOSED LUBAVITCH SCHOOL
I OWN PROPERTY AT 2032 MARSHALI AVENUE. THIS ISSUE IS
IMPORTANT TO ME BECAUSE MY PROPERTY HAS BEEN SEVERLY
DAMAGED BY THE LUBAVITCH STUDENTS. THE LUBAVITCH PEOPLE
HAVE CO23SISTENTLY FOR 3 YEARS VIOLATED MY RIGHTS AND
THE RIGHTS OF THE COMMIJNITY.
I AM CONCERt3ED ABOUT CONTZNUED ARROGANT VIOI.ATION OF THE
COMMIJNITY'S, CZTY, STATE, AND FEDERAL REGt1LATI0NS AND LAWS.
I AM CONCERNED WITH THE SAFTEY OF MY NEIGHBORS AND THE
PROPERTY OF THE PUBLIC AT LARGE.
I AM CONCERNED ABOUT THE CONTINUED PROPERTY DAMAGE TO MY
PROPERTY AND THAT OF MY NEIGHBORS AI3D THAT OF THE PUBLIC.
I FEEL THIS IS DUE TO TAE LACK OF ACTION BY THE CITY TO
ENFORCE THE LAWS AND ftEGULATIONS AT THE EXPENSE OF THE
CO2�iUNITY.
I BELIEVE THAT ACTIONS OF THE LUBAVITCA SCHOOL FOR THE
PAST 3 YEARS HAS CLEARLY DEMONSTRATED THAT THEY HAVE NO
RESPECT FOR PROPERTY AND TAE RIGHTS OF OTHERS, ESPECIALLY
MERRIAM PARK.
A GOOD SOLIITION WOULD BE THE LUBAVITCH SCHOOL BE GIVEN
30 DAYS TO VACATE 225 N. WZLDER, ST. PAUL, MN. 55104,
AND THAT ALL THE LAWS AND REGULATIONS BE STRICTLY
ENFORCED IMMEUTA2ELY.
DAN ROWE, CP
�''/.� � ,. ..'"L_
A Qivision of ACTRA Rehabilitation Associates, Inc.
v�
From: Steve Zaccard
To: Council; susan.kimberly@ci.stpaul.mn.us
Date: 7/11/00 9:31AM
Subject: 225 Wilder St. N., Lubavitch Yeshiva of Minnesota
City Councilmembers:
At your July 5, 2000 meeting the City Council requested a written report "outlining the problems
associated with this property" (Agenda Item #28). This should provide basic information on the property
located at 225 Wilder St. N. The two buildings at this address are occupied by the Lubavitch Yeshiva of
Minnesota, a residential boys school for Rabbinical studies.
The issues of improper zoning, fire and housing code violations, exceeding allowabie occupancy and
failure to obtain a Certificate of Occupancy have now exceeded an eighteen month span of time. During
this time fire department inspectors have worked with Rabbi Nachman Wilhelm in an attempt to gain
compliance and provide a safe living and learning environment for the students.
These efforts have not been successful primarily due to the neglect and disregard of the process by
Rabbi WiYnelm. Most recentiy, Rabbi Wilhelm applied for a zoning "determination of similar use". This
application was denied by the Planning Commission and upon appeal was granted by the City Council.
Subsequently, a"team inspection" was conducted of the iwo buildings by fire department inspectors on
May 18, 200�. This inspection produced a correction list which totaled fifty-one code violations on the
main building and an additional fourteen code violations on the smaller building.
A re-inspection on these orders was due on June 23, 2000. After an unsuccessful attempt to conduct
the re-inspection (no-show by Rabbi Wilhelm), the re-inspection was completed on July 5, 2000. The
result of that re-inspection revealed that of the fifty-one code violations found on the main building only two
had been corrected. These corrections were very minor in nature such as the replacement of the
hoUcold water knobs on the bath tub. In the smaller building the resuits were similar. Of the fourteen
code violations only one had been corrected, which was placing address numbers on the building. In
addition, at the time of the Juiy 5, re-inspection, an additional eight code violation orders were issued as
the building has deteriorated even more since the initial May 18 inspection, including a large portion of the
living room ceiling having collapsed because someone had removed a hand sink upstairs without turning
off the water.
At the time of the July 5 re-inspection, the students were no longer in residence due to summer break.
Rabbi Wilhelm was advised that the property was in such a state of disrepair that it was unfit and unsafe
to reoccupy that the property was to be vacated and not reoccupied for any purpose without full
compliance and the approval of fire prevention. Written orders were issued by Inspector Phil Owens to
confirm this conversation. Property Code Enforcement was notified of the violations in the two buildings
on the property and was requested to open a ciass 2 registered vacant building file. �ire prevention wili
re-inspect in 15 days to insure that the buildings are vacant and secured against treaspass.
It is clear at this time that in spite of the extensive efforts of the inspectors and the lienient time frames
provided, Rabbi Wilhelm either can not or will not comply with the correction orders issued against the
property and that the former single family dwelling is most likely unsuited for use as a residential boys
school. Detailed violation information is available in the property file. If you have any questions, please
call Fire Marshal Steve Zaccard at 228-6201. Thank you.
CC: Fuller, Tim; Olding, Gary; Owens, Phil; Strathman, Gerry; Zaccard, Steve
aR�G�NA�
RESOLUTION
CITY OF
Presented By
Refened To
PAUL, MINNESOTA
(�
Comsnittee: Date
WHEREAS, Lubauitch Yeshiva of Minnesota, in Zoning File No. 00-117-375, made
application to the Saint Paul Planuing Commission [hereinafter "Commission"], for a
Determination of Similar Use pursuant to the provisions of Saint Paul Legislative Code § 64300,
Subpart (g) for property commonly laiown as 225 Wilder Street North and legally described as
set forth in the zoning file noted above; and
8 WHEREAS, the Zoning Committee of the Plauning Commission conducted a public
9 hearing on February 17, 2000, after having provided notice to affected property owners, and at
10 the conclusion of the staff report and the public testimony, moved to further continue the matter
11 to March 2, 2000, for the purpose of re-examining similar use issues on the provisions of Saint
12 Paul Legislative Code § 60.532, Subparts (2), (c), (g) and (k); and
13
14 WHEREAS, on Mazch 2, 2000, the Zoning Committee took additional testimony
15 conceming similaz use and further continued the matter to Mazch 16, 2000, to allow additionai
16 analysis of the application under the similar use provisions of Saint Paul Legislative Code
17 § 66.201; and
18
19 WHEREAS, on March 16, 2000, the committee submitted a recommendation to the
20 Commission. The Commission, by its Resolution No. 00-22, decided to deny the application
21 based upon the following findings and conclusions
22
23 1. Lubavitch Yeshiva of Minnesota is a private non profit rabb'vnical studies school. The
24 school operates 9 months a yeaz with a summer recess and religious holiday breaks in April and
25 September. The school's five instructors provide rabbinical studies to a class of approximately 15
26 male students between the ages of 15 to 19. The typical class term lasts about two months.
27 Class hours are 730 am to 830 p.m. Sunday through Thursday and 730 am to 11:00 am on
28 Friday. Most students board at the school facility. The faciliTy at 225 wiider has eight
29 bedrooms. Five bedrooms are on the second floor, two in the attic and one in the basement. The
30 main floor is used for lecture, study and dininu�kitchen activities.
31
32 2. Section 64.300(g) of the zoning code states, "when a specific use is not listed in the
33 district the plamiing commission shall determine if a use is similar to other uses permitted in
34 each district. The plam�ing commission shall make the following findings in determining
35 whether one use is similar to another:"
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a. That the use is similar in character to one or more of the principal uses permitted. 0 O— f.°t 1
This finding is not met. The B-2 Community Business Aistrict is intended to serve the needs
of a consumer population larger than that served by the Local Business District, and is
generally chatacterized by a cluster of establishments generating large volumes of vehiculaz
and pedestrian traffic. In addition to all OS-1 and B-1 uses, principle uses pernutted within a
B-2 district consist of retail sales within a building service businesses with a showroom or
workshop, restaurant and bars, food catering, private clubs, theaters and assembly halls,
business schools, nonacademic colleges or trade in general education, schools and public,
parochial and other private elementary, junior high or high schools offering courses and not
operated for profit.
No sunilarity has been found between the above B-2 uses and the applicanYs use for the
following reasons:
Section 60.532(2)(c) identifies "Private clubs, fraternal organizations, liquar licensed
establishments and lodge halls" as pernutted uses in a B-2 district. The uses within this
section are primarily social fraternal in nahue and are dissimilar to the educational
boardinghouse use that characterizes the applicanYs activity at 225 Wilder.
Section 6Q.532(2)(g) identifies as permitted B-2 uses "Colieges, universiries, and seminaries,
and other such institutions of higher learning, public and private, offering courses in general,
technical, ar religious education and not operated for profit; provided, that:
1. Dormitories or other group student housing shall not be permitted within the district;
2. When an institution is established in the district, the institution shall be required to
provide the muvmum number of off-street pazking spaces for employees, staff, or
students as set forth in section 62103(g). The institurion shall be required to provide
additional parking spaces only when the minimum number of parking spaces will have to
be increased due to a more than ten (10) percent or three hundred (300) gain in the total
number of employees, staff or students, whichever is less. Thereafter, additional parking
spaces will have to be provided for each subsequent gain of more than ten (10) percent of
three hundred (300) in the total number of employees, staff or students; and
37 3. To determine compliance with parking requirements in item 2. Above, the institution
38 must file an annual report with the planning administrator stating the number of
39 employees, staff and students associated with the institution."
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The educational uses withiu this section are distinctive in that they focus on institutions of
higher learning. If one were to conclude that the applicanYs use met this defmifion, the
implication would be that the applicanYs use could only be found snnilar if they ceased their
boazdinghouse activity as required in subsection (1) above. Therefore, the applicanYs
combined educational residential use would be clearly inconsistent with this section and its
required condirions.
Section 60.532(2)(k) idenrifies "Public, parochial and other private elementary, junior high or
high schools offering courses in general educarion, and not operated for profiY' as permitted
uses within a B-2 district. The applicanYs use in not similar to this section because, first, the
code does not specifically permit a school, whether public or private, to ha�e "on campus"
1 00��`l`l
2 student housing in B-2 districts. Because the zoning code is silent with respect to pemutting
3 on-campus student housing at a junior or senior high school while specifically prohibiting on-
4 campus housing at colleges in B-2 districts, this use, due to its on-campus student housing, is
5 not similar in chazacter to a permitted use and seems more similar to a prohibited use.
6 Second, this is not a boarding house and it is not a mixed commercial and residential use.
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The testimony shows the proposed uses aze one in the same, not sepazate.
Finally, if the principle use of the house is a school, the Code does not address or even appear
to contemplate that student housing is an accessory use "cleazly incidental" or "customarily
found in connecfion with" schools in B-2 districts. The same holds tnxe if the principie use of
the house is either student housing or a boazding or rooxning house with a school as an
accessory use.
b. That the traffzc generated by such use is similar to one or more of the principat uses
permitted.
This finding is met. The traffic generated by the proposed use is similar if not less than most
uses in a B-2 district. The h�affic generated by the school will consist primarily of instructor
and some student trips. The low traffic volumes generated by the school make it comparable
to smaller scale office and workshop activities. Other B-2 uses such as retail establishments,
restaurant, private clubs and theaters would have traffic volumes that exceed the school
activities.
c. That the use is not fzrst permftted in a less restrictive zoning district.
This finding is met. "High schools" are first permitted in the R-1 district and "schools" are
specifically identified in the B-4 district. High schools with boarding are not specifically
identified.
d. That the use is consistent with the comprehensive p1an.
This finding is met. The 1499 Land Use Plan, policy 5.1.1, highlights the following urban
village principle, "Good neighborhoods have commercial, civic, and institutional activity
embedded, not isolated in remote, single-use complexes."
WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Lubavitch
Yeshiva of Minnesota duly filed with the City Clerk an appeal from the determination made by
the Plauning Coxnmission, and requested that a hearing be held before the Saint Paul City
Council, hereinafter "Council", for the purpose of considering the actions taken by the said
Commission; and
WHEREAS, acting pursuant to Legislative Code § 64.206 through § 64.208 and upon notice
to affected parties, a public hearing was duly conducted by the City Council on May 10, 2000,
where all interested parties were given an opportunity to be heard; and
WfIEREAS, the Council, having heard the statements made and having considered the
application, the report of staff, the record, minutes and resolution of the Zoning Committee and
of the Planning Commission, does hereby;
2 RESOLVE, that the Council of the City of Saint Paul hereby reverses and modifies the b0 - 6qR
3 decision of the Plauuing Commission in this matter based upon the following findings of the
4 Councii. The Council finds that the Plamiing Commission erred in its detemvnation of similar
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use of the Lubavitch Yeshiva facility for the following reasons:
1. The educational activities and the age of the students at the Lubavitch Yeshiva facility aze
more sunilar to a private lugh school which is a permitted use in a B2 zoning district.
2. The Lubavitch students do not bring the types of problems that post-secondazy educational
institutions might bring to a neighborhood: increased automobile tr•a�c; pazking problems;
or large or loud parties where alcohol might be served.
3. Because Lubavitch students attend a private high school which is a permitted use within the
B2 zoning distdct, it is fiuther the finding of the City Council that the residential aspect of
this use is "cleazly incidental" to the main use of the house, which is a private high school.
The residential aspect is incidental to the school. It is not unusual to have private schools or
academies offer on-campus residential housang to students, even if such a use is not
specifically permitted under the Saint Paul Zoning Code; and be it
FURTHER RESOLVED, that the appeal of Lubavitch Yeshiva of Minnesota be and is
hereby granted, subject to the imposition of the following conditions pursuant to § 64300,
Subpara (e) and are made for the purpose of protecting adj acent property owners and the students
and faculty of the school:
1. That the building's interior, exterior and grounds shall be maintained in conformance with
the applicable provisions of Legislative Code Chapter 34 pertaining to minimum properry
standards; and
2. That the building be immediately inspected for compliance with the applicable provisions of
Legislative Code Chapter 33 pertaining to Certificate of Occupancy/Code Compliance and
that the building be maintained or brought into conformance with such building and life
safety codes as recommended by the Division of Fire Prevention.
3. That there be adult supervision at all times.
4. That the facility observe quiet hours from 10:00 p.m. unti17:00 a.m.
5. That for purposes of outdoor recreation, the students use the nearby public pazks and
piaygrounds.
6. The Merriam Park Community Council convenes an advisory group to meet bi-monthly to
work with the Yeshiva on issues of common concern.
Failure to comply with these condirions shall be grounds to revoke this Similar Use
Determination; and be it
i
2 FTNALLY RESOLVED, that the City Clerk shall mail a copy ofthis resolufion to
3 Lubavitch Yeshiva of Mivnesota, the Zoning Administrator and the Saint Paul Planning a ��,�
4 Commission.
5
ORIGlNAL
Requested by Department of:
Hy:
Foxm App d by City Attorney
B ,�G.il1�--_
Approved by Mayor for Submission to Council
By: �/ � g�,
Approved by Mayor: Date � 7 Gbt/i/
By:
�
Adopted by Council: Date ��
Adoption Certified by Council Se tary
�-._
City Council
7NTAC7 P92SON & qiONE
Councilmember Benanav 266-8640
�, �� � July 26, 2000
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(CLIP ALL LOCASfONS FOR SIGtdATISRE)
Memorializing City Council action taken May 10, 2000, granting the appeal, with conditions,
Lubavitch Yeshiva of Minnesota to a decision of the Planning Commission concerning a
determination of similar use application for a high school boarding use at 225 North Wilder
Stxeet.
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Interdepartmental Memorandum
CITY OF SAINT PAUL
,
DATE: July 17, 2QOQ
TO: Nancy Anderson
FROM: Peter Warner �
��cESV��
�u� ; s 2�u
1ERRY BLAKEY
RE: Lubavitch House Determination of Similar Use Apgeal
Nancy, attached please find the resolution granting the Lubavitch House appeal from the Planning
Commission's denial of Similat Use. Since the Council granted the appeal, I put the matter on the
bottom of my list of things to do. Unfortunately, with all of the other things that went on in the last
couple of weeks, Lubavitch kept sinking to the bottom. Would you please place it on the council's
consent agenda at your convenience. Thanks. PWW
DEPARTMENTOFPLANNING
& ECONOMIC DEVEIAPMEIVT
•r .'
I�
CITY OF SA�IT PAUL
Norm Cdeman, Mayor
Apri121, 2000
Ms. I3ancy Anderson
City Council Research Office
Room 310 Ciry Hall
Sa3nt Paul, Minnesota 55102
Dear Ms. Anderson:
Diviuon ofPlanning
25WestFourthSbeet
SaintPau7, MN 55102
Telephone: 612-266656�
FacsPmtte: 612-228-3314
I would like to confirm that a public hearing before the Ciry Councll is scheduled for Wednesday
May 10, 2000 for the purpose of considering the Lubavitch Yeshiva of Minuesota's appeal of a Plani�iug
Commission decision denying it a detem�ination of sitnilar use apptication for a high school boazding use at
225 North Wilder Street.
Applicant:
File Number:
Purpose:
Address:
Legal Description
of Property:
Previous Action:
Lubavitch Yeshiva of Minnesota
#00-H�7-333^ t �1� G 1 �
Appeal of a Planniug Commission decision denying a determination of sunilaz use
application for a high schoo] boarding use.
225 North Wilder Street.
See file.
Plaiming Commission Recommendation: Denial, vote: 11-4, March 24, 2000.
Zoning Committee Recommendation: Denial, vote: 5-1, March 16, 2000.
My understanding is tlaat this public hearing request will appear on the agenda for the May 10, 2000 City
Council meeting and you will publish notice of the hearing in the Saint Pau1 Legal Ledger. Please call me
at 266-6554 if you have any questions. '
S�ncerely,
,� � c'�rW. ,�Y�
! �ames Z o
��City Pl ' r
cc: File #00-ll7-484
Paul Dubnxiel
Carol Martineau
Allan Torstenson
Wilhelm Nachman
�ursrxrnv
xo'rn� oF �teaaC �an�G
1Le semc raui cny councu win �onduct a
hearinrg un Wcdnesday, May lA `N�, at 5:3Q
pm m the Crip Copncil CI�amLers. Thix�d F7oor
C1t9 Hall. 15 West %ello$g Boulevazd. Sainf Paw1.
M23. to consider the appeal of Iu6aKtch YesLNn
of Mipncsota W a decision ,of the Planning
Commis.4lon den5'Ing a dPr.T..�t.,=H.,.� of slmllar
use application for a hiqh sr.tiool hpattllng use at
225 North Wilder Srieet .
vaaa: n zs, a000
' NANCYANDERSON,
Assiet'dd[ CYiy Cotincll 5ec:etary
(May 2)
6C PAOb LEC.AL IEpC�R
O'1008299 � . .
%
DEPAR'fMENT OF PLANNING
� ECA230MIC DEYEIAPMENT
�INT
AUL
�
AAAA
CTTY OF SATNT PAUL
Norm Coleman, Mayor
May 1, 2000
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
RE: Zoning File #00-124-612
Ciry Council Hearing:
�n�on olPt�.,�
25 WettFourth Sveet
SointPauC MN 55702
Lubavitch Yeshiva of Minnesota
oo-cs9 Z
Telephone: 611-2666565
Foaim�2e: 612-12&3314
May 1Q, 2000, 5:30 p.m, to 6:30 p.m., Ciry Council Chambers
Pu ose: Appeal a planning commission decision denying a detemvnation of similar use appiication for a
high school boazding use at 225 North Wilder Street.
Plannine Commission Recommendation: Deny, vote: 11-4, Mazch 24, 2000
Zonin� Committee Recommendation: Deny vote: 5- 1, Mazch 16, 2000
Staff Recommendation: Approve.
Public Hearine Supnort: One individual spoke in favor of the use.
Public Hearine OoDOSition: One resident spoke agains[ the use.
District Council Recommendation: The Merriam Pazk Execuuve Committee recommended the properry be
zoned as a boarding house.
Dear Ms. Anderson:
This appeal is scheduled to be heard by the City Council on May 10, 2000. Please notifi• me (266-6559) if
any member of the City Council wishes to have slides of the site presented at the public hearing.
Si^cerely,
� A1rw9. �.0� \
ames Zdo
City Planner
cc Citv Council members
-_)
city of saint paul
planning commission resolution
file number oo-2z _
�
March 24, 2000
WHER£AS, Lubavitch of Minnesota (File 00-117-375) has applied for a
Determination of Similar Use to a12ow a private high school with boarding at
225 Wilder Street North; and
D.IiEREAS, the Zoning Committee of the Planning Commission o.; 02/17/00 held a
public hearing at which a12 persons present were given an onportunity to be
heard pursuant to said application in accordance with the reauirements of
Section 64.300 of the Saint Paul Legislative Code; and
WtiEREAS, Saint Paul Planning Commission, based on the evicence presented to
its Zoning Committee at the public hearing as substantially refleeted in the
minutes, made the following findings of fact:
l. Lubavitch Yeshiva of Minnesota is a private non pro'_it rabbi�ical
studies school. The school operates 9 months a yez: kith a summer
recess and religious holiday breaks in Apri1 and Se?tenber. The school's
five instructors provide rabbinical studies to a cless oi ap�roximatel}
15 nale students between the ages of 15 to 19. The typical class terr.�
lasts about two months. Class hours are 7:30 am to 8:30 pm Sunday
through Thursday and 7:30 am to 11:00 am on Friday.
Most students board at the school �acility. The facilitv a= 225 wilde_
has eight bedrooms. Five bedrooms are on the seconc '1ocr, t:.ro ir_ the
attic and oae ir the basement. Th= main £loor is csed 'or '__cture,
study and dining/kitchen activitie�.
2. Seccion 64.300(a) of the zoning code states, "w:zen = s�ecif'_c use is -��
listed in tne district the plannirg commissioa snzi: c_:ern:-e i' a use
is similar to other uses permittec in each cistrict. T�e p'_�aning
com;aission shall make the folloxing findings in dec_r�_c_nc :.nethe= o�e
use is similar to another:"
a. That the use is similar in character to oae c= ro_e o` the
principa2 uses permitted.
This finding is not met. The B-2 Commuaity Bus_::ess Dis=zict is
intended to serve the needs of z consumer pooula=io- larc=r than tn>�
moved by
seconded b��_
in favor 1 �
- against .�-
Field
11 (corrected 4/4/00)
cx�-(��i7
Section 60.532(2)ik} identifies "Public, parochia? a::d o�her private
elementary, junior high or high schools offerir.g co�rses ir. general
education, and not operated for profit as permitted uses .:ithin a
g-2 district. The apolicant's use in not similar to this section
because, first, the code does not specifically pe^.-=t a s=nool,
whether public or private, to have "on campus" stuc=:t hoLS:ng in B-
2 distzicts. Because the zoning code is silent witk: res�_ct to
permitting on-campus studen=o °bitingaoracampusrl:oussnglat cogleges
school while soecifically p -
in B-2 districts, this use, due to its on-campus stud_nt k:ousing, is
not similar in character to a permitted use and see-s more sinilar
to a prohibited use. Second, this is not a boardine house and it is
the proQosedcusesrarelone inetheesamel not separzteestimoa�• shows
Finally, if the principle use of the house is a schcol, the Code
does not address or even appear to contemplate that stud_at housing
is an accessory use "clearly incidental" or "customarilv :ound in
connection with" schools in B-2 districts. The sar„e holcs true if
the principle use of the house is either student ho�sing or a
boarding or rooming house with a school as an accessory Lse.
b. That the traffic generaLed by such use is sir.:_'lar to e-e or more
of the principal uses permitted.
This finding is met. The traffic generated by the pr000=_e3 use is
similar if not less rhan most uses in aimasilysoric^stru:toraande
oenerated by the school will cor.sist pr -
some student trios. The 1ow traf=ic volumes gene=a=ed �r tne school
make it comnarable to smaller scale ofiice and xor:=':io? ==�i�•ities.
Other B-2 uses such as retail establish�ents, xes�a�.:=a•^•=• Pr=vate
clubs an3 theaters would have tYaffic �•olumes t:^ac _:<cee_ the schoo_
activities.
__- =_ve zoni-=
c. inat the use is not firs� g°::.�ittec 'n a iess =_-----
distrzct.
This finding is met. "High scnools" are first �err..=tt`-=_'_n� the P.-=
districc an3 "schools" are specificall:� ider,=i'_`_ed '_^ c_.
district. High schools with boarding are not s:_c�=-�z=-:'
identified.
d. That the use is consistent wzth th° compreh=_-si':e P-='•
This finding is met. The 1999 Land Use Plar., �olic;� 5._.1,
highlights the following urban villag° princio-_, "���=
neighborhoods have commercial, civic, aad inst_tut=o•^•=- activity
embedded, not isolated in remote, sina'_e-us_ r_ag-e'+'-=-
-_..> >_=,aaing
Therefore, Be It Resolved, based on fincina 2a the Sa'_-: =-- -
Conmissioa d_nies the a?plicat_on £or z Deterrt-r.atio:: c= 5^--��.= ��=e to al'-=
a priva�e hi
gh school ��ith boarding at 225 %�1�='-= S""' `•`-__'
Zoning Committee Minutes
March 2, 2Q00
File #: 00-117-375
Page 2
boardinghouseactivitiesassociatedwiththeuse. Section60.532(2)(K}doesnotspecificaAypermit
student housing associated with private high schoals. In evaluating this special condition use
permit application, the Zoning Committee could consider whether the student housing meets the
definition of accessory uses in Sec. 60201 of the Zoning Code. Is the student housing a use wfiich
is clearly incidentai to and customarily found in connection with private high schoots?
At the question of Commissioner Gordon, Mr. Wamer asked the Zoning Staff to get exampies of
other situations, i.e.,: Christ Household of Faith.
Commissioner Morfon withdrew her motion and made a motion to lay over Yhe determinafion of
similar use to March 16, 2000. Commissioner Gordon seconded it.
Commissioner Gordon asked the Zoning Staff to reexamine Section 60.532(Z)(c) pertaining to
clubs and fraternities. Determine what the definition of private dubs means and if it includes private
clubs that permit members to reside there.
Commissioner Morton asked for examples of other similar uses in the City of St. Paut.
Commissioner Kramer made a motion to extend the deadline for aciion of the Similar Use for 60
days. Commissioner Faricy seconded it, and it passed unanimously.
Adopted Yeas - 5
Drafted by:
Nays - 0
Submitted by:
Approved by:
(�.CI A "V /�.�Ck A�-Q./�f l
Carof MaRineau
Recording Secretary
ames Zdon
�}Loning S��on
���� �
Dannis Gervais
Chair
rr .•
Zoning Committee Minutes
February '17, 2000
File #: 00-117-375
Page 2
Occupancy obtained. Mr. Strand also stated that the property has been on the market for 2 years,
they are having a hard time seliing it because of the poor condition of the building and the high
asking price.
Upon inquiry of Commissioner Nowlin, Mr. Strand explained the nonstop use of the outside area
for recreation with no limited time struciure, the combination of school, boasding and age of the
students puts a constant pressure on the neighbofiood.
Ms. Ageline Berretta Herman, representative of Merriam Park Buiiding and Land llse Committee,
appeared and stated they are requesting a tay over because of the many concerns of the
community.
Mr. Singer approached and stated Mr. Strand wanted to purchase the propecty and didn't qualify
and that is why he stated the price of the property was too high. He also noted that Ms. Herman's
husband is a St. Thomas facuity member who tried to buy the house for St. Thomas use.
Commissioner Gordon stated he had concerns pe�taining to the similarity of the proposed use to
other uses permitted in the B-Z district. Section 60.532 Sub 2 Sub C provides for private clubs,
fraternal organizations; Su6 G provides for coileges, universities, seminaries and othes such
institutions of higher learning, pubiic and private, ofEering courses in generai, technicai or religious
education and not operati�g for profit; provided that dormitories or other group student housing
shall not be permitted in the district; Sub K provides for public, parochial and private elementary,
junior high or high schools offering courses in general education, and not operating for profit. If
the school is offering courses in retigious education, and is thus similar to seminaries offering
courses in religious education allowed under Sub G, then student housing is not permitted.
Commissioner Gordon moved to 1ay overthis case until March 2, 2000, so the issues of similar use
could be raexamined in regards to Sub C, G, and K. Commissioner Faricy second it.
Lay over to March 2, 2000 Yeas -5 Nays - 0
Drafted by:
Submitted by:
Approved by:
i:�—� �2 u�c.�.clJ
Carol Martineau
Recording Secretary
J mes Zd n
� oning S " n
��...��� -
Ri hard Kramer
Chair
DEP,�IRT4IEAT OF P[A\'�1\G
Bc ECO�iOtIIC DEVE[AP\[E\T
Bnun Sweeney, Dmector
CITY OF SAII�]T PAUL
Norm Coleman, blayor
ZSiYestForrrthStreet Telephor,¢:651•1666655
SaintPaul,.�N55102 Facscm+Ie:65f-228-33l;
March 7, 2000
To: Zoning Committee
From: Jim Zdon
Re: Lubavitch Yeshiva ofMinnesota, File No. 00-117-375
At the Mazch 2, 2000 committee meeting, the zoning committee asked staff to further im�estigate
this Determination of Similar Use application in regard to Section 60.532 (2) (c) and second,
research examptes of Saint Paul schools that have a boardin; use.
Section 60.532 (2) (c) identifies "Private clubs, fratemal organizations, liquor licensed
establishments and lodge halls" as permitted uses in a B-2 district. Staff in its February 23, memo
concluded that the uses within this section are primarily social fraternal in nature and are dissimilar
to the educational boardinghouse use that characterizes the applicanYs activity at 225 �t'ilder. The
committee, however, asked staff to further research this particulaz section because some fratemal
uses, e.g. fratemities and private clubs provide member lod�ing .
Tn its review of this section, staff believes that "fraternal or�anizations" were not contemplated to
include educational fraternities. This is based on the code's definition (section 60.203,C) of
"college, university or seminary." uses which specifically includes fraternities and sororities. As
outlined in stafPs February 23 memo, residential uses (dormitories, fratemities and sororities)
associated with cot[eges, universities and seminaries are specifically not permitted in a B-2 district.
It would be inconsistent within Section 60.532 (2) to a(low fraternity residentia! uses under
subsection 60.532(2)(c) and specifically disallow it under subsection 60.532{2)(g}.
In regard to private clubs that may provide lodging, the only reference within the code to a similaz
ase is in the B-4 district, Section 60.552(t) where "HoteIs, moteis and ciubs used primarily for
transient occupancy" is identified as a permitted use. The "transient" characteristic in this use,
however, is cleariy dissimilar to the school yeaz boarding characteristics of the applicanYs activity
at 225 wilder.
Examples of other educational boarding facilities in Saint Paul were not fouad. While reference
�vas made to the Christ Household of Faith facility at 355 \Zarshall Avenue, that facilit}� is not
similar. The six acre facility is located in an RM-2 district and consists of a K-12 school of 161
students and residential apartments. The schooi is located in one buildin� wins and is a� :nded by
students n=ho tive both on and off site. In another wing, there are approximatel�� fifteen ��artments
that house communal families. Within RM-2 districts, residenTial apartmenTS and K-12 rrivaTe
non profit schools are specified as permitted uses.
CX�-l�,�/ 7
Interdepartmental Memorandum
CITY OF SAINT PAUL
DATE: March 2, 2000
TO: File
FROM: PWW
RE: Determination of Similar Use. Uses permitted in B-2 district similar to the Lubavitch
Yeshiva. Zoning Committee Hrg. date: 3-2-00
Similaz use determinations are made pursuant to Leg. Code § 64.300(g). A"similaz use"
determination is dependent upon whether the proposed use is of similar nature as a principat use
otherwise permitted in the zoning district. [Leg. Code § 64300(g)(1)} (emphasis added)
The committee asked that staff and the CAO look at this similar use application in light of three uses
specifically permitted in B-2 zoning districts. Those three uses were:
i. Private clubs, fratemal organizations, liquor licensed establishments and lodse halls.
[66.532(2)(c))
2. Colleges, universities and seminazies, and other such institutions of higher learning, public and
private, offering courses in general education, technical, or religious education and not operated for
profit: provided, [in pertinent part] that:
- 1. Dormitories or other group housing student housing shall not be permitted
w�ithin the district. [60,532(2)(g)(1)]
3. Public, parochial and otherprivate elementary, juniorhigh or seniorhigh schools offering courses
in general education, and not for profit. [60.532(2)(k)}
The provisions of Leg. Code § 60.532(2)(c) which deal with private clubs, fratemal organizauons,
etc., do not appeaz to be applicable given the facts supplied in the staffreport and for that reason, the
CAO saw no reason to further analyze that definition under this appiication. PED staff made a
similaz determination.
Lubavitch Applicarion File Memo
Mazch 2, 2000
Page 3
This conclusion should be more fully explored with the applicant for the following reasons:
First, the finding is easily interpreted as resting on the premise that the applicanYs boazding house
use is "separate" from that of tfie applicant's schooI use. Legislative Code § 60.522(8)(a)-(b)
coaiemplates mixed residential and commercial uses subject to the conditions stated therein. Tfris
language indicates that the uses are sepazate from one another. However, the application makes it
cleaz that the proposed uses are virtually one in the same. Moreover, under the mix of principal
commercial and residential uses aliowed in B-2 districts as regulated under B-1 regulations, is the
boazding house "residential" and the school "commercial"? If so, the school wouId operate in
vioTation of the protribition against operating schools for profit in Legislative Code § 60.532(k).
Second, Legislative Code § 60.532(k) does not specificaliy permit a high school, whether public or
private, to have "on campus" student housing in B-2 districts while Legislative Code § 60.532(g)(1)
specifically prohibits "on campus" student housing for "higher learning" religious education or
generat education institutions. This raises the foilowing quesdon: does ttie zoning code contemptate
allowing a high school as a principal use in a B-2 disirict to have on campus student housing?
Third, Legislative Code § 64.300(g)(3) provides that in making a similaz use determination, the
Planning Commission must find "...[t]hat the use is not first permitted in a less restrictive zoning
district." It could be azgued that boazding houses aze first permitted in either B-4 or B-5 zoning
districts. ["multi-family" housing permitted as a principal use «ithout any pemvts although
boarding/rooming houses are not specifically referenced]. Homans.
All of the above leads me to suggest that in evaluating this Determination of Sunilar Use
Application, you consider this appIication under the provisions of LegisIative Code § 60.532(6)
which provic3es that principal nses in a B-2 zoning district may also have Accessory Uses as deftned
in Leg. Code § 60.20L
Evaluating the application in order to determine whether a private hi�h school with an accessory
student boazding facitity is similar to the private high school principaIIy permitted in a B-2 district
under Leg. Code § 60.532(k) clarifees this apptication. It recognizes the reality of the proposed use
jit is a school providing on campus student housing) �vithin the context of ihe more objective
standards in the zoning code under Leg. Code § 60.201 relating to accessory uses.
�0-�47
Section 60.532(2)(k) identifies "Public, parochial and other private elementary, junior high or
high schools offering courses in general education, and not operated for profit" as permitted uses
within a B-2 district. The Lubavitch Yeshiva facility is similar to educationai activities undertaken
by private non profit high schools. In addition to having a student body whose age range
corresponds to a high schooi student body, the Yeshiva school has a designated school year
schedule, cumculum, instructors, and tuition requirement. Most of its students, similar to private
prep high schools, also reside at the facility during the school term. With respect to the
boardinghouse use, mixed residential and commercial uses are allowed in the B-2 district subject
to the following conditions listed in Section 60.522(8):
l. Residential uses aze limited to not more than fiRy (50) percent of the basement and first
floor. The entire upper floors may be used for residential use . At least fifty (50) percent
of the basement and first floor shall be devoted to a principal use permitted in this district,
except residential use.
2. Residential units may be occupied by foster homes or freestanding foster homes.
3. For new construction, a minimum four-foot side yard setback shall be required from all
interior lot lines for residentiai uses.
These conditions are met for a mixed use function. The entire first floor is devoted to school
functions with al] of the upper floors and a portion of the basement designated as bedrooms.
Staff Recommendation: It is staff's opinion that the applicant's current use at 225 Wilder
represents a combined education-residentiai use that is most similar to the uses identified in
Section 60.532(2)(k) (Public, parochial and other private elementary, junior high or high schools)
recognizing that mixed residential-commercial uses are permitted within a B-2 distriet and
encouraged within the City's recent]y adopted land use p1an. Staff recommends approval of the
Detemrination of Similar Use application.
recess and religious holiday breaks in April and September. The school's
five instructors provide rabbinical studies to a class of approximately
15 male students between the ages of 15 to 19. The typical class term
lasts about two months. Class hours are 7:30 am to 8:30 pm Sunday
through Thursday and 7:30 am to 11:00 am on Friday.
Most students board at the school facility. The facility at 225 wilder
has eight bedrooms. Five bedrooms are on the second fZoor, two in the
attic and one in the basement. The main floor is used for lecture,
study and dining/kitchen activities.
2. Section 64.300{g) of the zoning code states, "when a specific use
is not listed in the district the planning commission shall determine if
a use is similar to other uses permitted in each district. The planning
commission shall make the following findings in determining whether one
use is similar to another:"
a. That the use is similar in character to one or more of the
principal uses permitted.
This finding is met. The B-2 Comiauaity Business District is intended
to serve the needs of a consumer population larger than that served
by the Local Husiness District, and is generally characterized by a
cluster of establishments generating large volumes of vehicular and
pedestrian traffic. In addition to all OS-1 and B-2 uses, principle
uses permitted within a B-2 district consist of retail sales within a
building, service businesses with a showroom or workshop, restaurant
and bars, food catering, private clubs, theaters and assembly halls,
business schools, nonacademic colleges or trade schools and public,
parochial and other private elementary, junior high or high schools
offering courses in general education, and not operated for profit.
The Lubavitch Yeshiva facility is similar to educational acti
undertaken by private high schoo2s. The Yeshiva school has a
designated school year schedule, curriculum, instructors, students
and tuition requirement. Because of its relatively small size the
school operates out of a former single family residen=ial facility.
Most of its students, similar to private prep high schools, also
reside at the facility during the school term. Withia S-2 districts,
mixed residential and commercial uses are allowed.
b. That the traffic generated by such use is similar to one or more of
the principaI uses pezmitted.
This finding is met. The traffic generated by the proposed use is
similar if not less than most uses in a B-2 district. The tra'_fic
generated by the school will consist primarily of instructor and some
student trips. The low traffic volumes generated by the schoo_ make
it comparable to smaller scale office and workshop activitie=_. Other
B-2 uses such as retail estab2ishments, restaurant, Frivate ciubs and
theaters would have traffic volumes that exceed the s=nool
activities.
c. That the use is not first permitted in a 2ess restric=ive zo-`_zg
district.
� �•
DETERMlNATfON OF SiMiLAR USE APPLfCAT{OfN
Depa�lment of Planning and Economic DevelopmeRt
Zoning Section
II00 City Ha11 AnneY
25 West Fou�th Street
Saint Pau1, MN SSIO2
166-6589
APPLICANT � Name �� �� �V
Addrecc 2 �-�
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City S� PAvC-- St. /W�Zip SSIO�/ Daytime pho
Name of owner (if different) Nf�L'N/YIRr'� (,c�l t.-f'��"�
Contact person (if
��T rE�.
PROPERTY
IQCATION
i
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REQUEST: Application is hereby made under the provisions of Chapter 64, Section 300,
Paragraph (� of the Zoning Code for a Determination of Similar Use.
Current use �JATE �c.� t—tU115 f�`trl �c *1COt_, w177-f ��'.�'i�
Proposed
Z 2.�-
r,
SUPPORTING INFORMATION: Provide the foilowing information (attach additionai sheets if necessary).
❑ ls the use similar in character to one or more of the principal uses permitted in the zoninc district?
.
� y�s. S�E �GaU 5�� (a)��� tr���� �i��d[�- S�k� (
❑ Is the trafific that the use witl generate simifar to traffic genereted by one or more permir.=_d uses?
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Q Is the use already permitted in a less restrictive zoning disirict?
yGS,
Required site pian is attached ❑
Appiicant's
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L� i S ./ A N 9�( 2 G(.1� �. Current Zoning�Z
(attach ad ditional sheet if necessary)
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APPLICANT ����V �� ( ES�'1 f V� V����EGEND
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LUBAVf�CH . WEXLER
YESHIVAHoF �@�' LEARNING
MINNESOTA INSTITUTE
RABBI NACtlhUN WILHELM. oun
To the members of the zoning committee,
Greetings and blessings,
Yi
d0 - /J 7 ' 37.s
I was very pleased fo see that you dealt tivith and stuck to the issue of zaning, without
miYing in issues of student behavior or otganizational running of the school.
Atthough I am in a way condoning improper behavior ott the part of the siudenu,
nonetheless you see yourselves and you will see from the enclosed letters, the ereat service
provided by the Yeshiva and their effort in the enhancement of the area and the city.
Even the small amount of "disorderly condact" that was — was several }ears a�o, and no
such behavior has take place the last 2 years, as will be corroborated by those ��ho as of no��
stand against me — if they choose to tell the truth.
Although I held myself back uniil now from mixin� in those issues, j}ut since I've been to
t�vo meetings �vhere evil seeking people have decided to besmirch and speak lowly of such an
holy organization, I can no longer remain silent in the face of such faise accusations.
] will reiterate, this has nothing to do with the zonin� issue, which has its own rule; and
laws, and, G-d wil(inR. the jud�e in that issue will de as he should.
Amon� the enctosed letters are:
Letter from government members who participate in and admire the projecU of the Yeshiva.
Letters from non — Jews, who visit regularly and admire the Yeshiva
Stores and establishments in the area that benefit from and enjoy the patronization of the leshiva.
:i� _
� "
t�'CQ9��
D o - //7 3 �s
Diversified Coffee Products, Inc
2038 Marshall Avenue
St Paul, MN 55104
(651)641-1987
March 13, 2060
St Paul Zoning Commission
St Paul, MN
re: Lubavitch Yeshiva
Members of the Commission:
We have been informed that our neighbor, the Lubavitch Yeshiva of Minnesota, is requesting a
zoning variance for their property on Wilder Ave. This propeRy is directl}� adjacent to ours.
They have been exemplary neighbors since they moved in about 2 y�ears ago and have alwa}�s
maintained themselves as gentlemen.
If �ve can answer any questions related to their application, please do not hesitate to contact us.
Thanks for your consideration.
Sieven Chall
-� �z.����
y������
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FRJI". : 7erry and f:ichclle ToM�.n
Ft�.: h7. : 651°c'7�^JSe3 Niar. :� 2�0D SL:G9Rf'i al
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iGRY g MIC�81�810�IIS9p
8s61 16itG iar �7fi
t aat L�YC 1d:rur.tats SSO23
Pom: G51 •27G-TI51
Fas 631�JR2-ISEO
H� Ph�x�a 65 L•982d550
Yeni[ wmn�ECi�u�w.tat
��n ia, 2000
Cit� of S. Paul
Ciry Hait
S. Paul, MN 55101
Dcaz Zoniag Committx.
We u�ouL� likc to tell you abo� Rabbi Nachman Willhetm , tLe Yesshiiva of Mieaawrr aed his s2udcvts. Wc tia�ti
known Ttebbi Wilhelm for about ecn y�a. Rabhi Wil6clm is a cicsc &iend, and ae S�ve obscnrd Dim, his boys
aad t8e wondesfui way he mm the Yah»a. Nachmmaa [v�s substaaCal "tmc�iag'' si�ts. In addiaon to asd part of
thc smdetiLs Reiigious Educstion, Fk is doiag a vc�+erlul Jof+ Uesching lusboys to be good r,►snbe[s of theit
mmmunity. They wiU alwm go out oEthdr way to help athers and tl�eY Pay dose artenrion to the rafeiy aud
scuuity of sE�ar mighborhood.
17y; Ycshivr of Mitu,�sor,� Wexkr Leaminy Institute is a smatI ach�ot with a wortdwicie waiting Iist 77e. benefits
of hs�'x�e mch a rcesn�cd schoot in the mu-goveGr.d area maa}•, aad it t�ould be a grrat !ea� to the community if
ihe schoo[ had to amve in a shoA tiwe.
Flcau gire the rahbis requat for a vanance yon: u+Q priotity u thr most impom.+at Fhing a schoot must harro is
subiiity. 'Che Yahiva mus have stablIity to xnsinue to be a ctrong part of tt�e community.
SuuuelY.
� � /��� R
Tem Sichelie Iohasoa
�o-c��Z
Zoning Commttee: Littan Field, Chair
Steven Gordon, Cazole Faricy, Jennie E� Dennis Gervais,
Richard Kramer, Gladys Martin, Dick Noti�lin
% Department of Planning and Economic Development
Zoni�g Section
1100 City Hall Annex
25 �Vest Fourth Street
Saint Paul, MN 55102
March 3, 200Q
Dear Mr. Field:
I am �vriti�g to you as a member of the Buildi� and Land Use Committee
and of the Board for the Merriam Park Community Council. One of the
expectations of Board members is to encourage and support neighbors to
pazticipate in the activities of the Board in particular, and in city government, in
general.
The experience in the Zoning Committee meeting yesterday, nfarch 2,
2000 tivas a frustrating and demoralizing experience for the five neighbors �rho
made the effort, at no small expense, to attend the meeting in the expectation
they would have an opportunity to speak.
At the previous meeting on Feb.17, the matter of the detemunation for
similar use for the Lubavitch Yeshiva of Minnesota at 225 \orth t�'ilder �� as
discussed and the motion cvas passed to lay over any dedsion until the next
meeting, March 2"�.
During the intervening hvo weeks, I had several contacts �cith Sheril}-n
Young, at I�4PCC �vho in turn had contact �cith staff at Planning and Economic
Development, as late as the morning of the meeting. At no time, �cas she
informed that the public meeting section of the hearing �cas closed. It ��-as not
until the neighbors and I arrived and asked for a cop}• of the agenda did ive learn
that the pubtic hearing tiras closed.
I appreciate that you as chair, c��ere �cilii� to entertain a motion to let the
neighbors speak but very• disappointed that other committee members �vere not.
The neighbors recognize your committee's responsibiliri� to conduct }•our
proceedings impartially and apply the zonir� code justlr for all. Ho�cever, an
ackno�+�ledgement, if not an apology, for the misunderstanding that no public
testimony ��=ould be taken and an acknowledgement that neighborhood concems
had been noted `ti�ould have been appreciated.
The written submissions of the neighbors demonstrate their overriding
concern over the further delay of a zoni
Cc: Andy Given, President 1��fPCC
SheriIyn Young, Staff MI'CC
Mar-02-OU 11:1yH b�i '-�-
I �p- //7�31�'
My name is Kathleen M. Daniels and I live at 216 Wilder St. No. in Merriam Park,
St. Paul.
This issue is impoRant to me because I Iive aoross fhe street from the Lubavitch
Yeshiva of Minnesota at 225 Wiider St. No. and have been directly affected by
various activities at the schooL lNhen i firat learned that this property was going
to be used as a school for Rabbinica( study I was quite excited both far the
diversity it woutd brirtg to the neighborhoad artd secondly, because my home is
closely located to iwo other instituiions of learning that have proved to be good
neighbors. I assumed that this school wouid aiso be a good neighbor. i'm afraid
it has not been one.
i'm concerned that not enough considerat�on went into the decision of where and
what was needed to provide both a learning and living environment for young
men in Rabbinical studies. As far as a lea rning environment I would hope the
ritualistic sounds could be contained within the school. It is not uncommon for
me to hear the ritualistic chanting coming from fhe house at a!! hours ot the
night...some nights ! can sleep through it �ther nights i just endure it. This does
not go on ever night, however it goes on e�nough to be tiring. Apparently, the
house is not properly insulated for sound. As far as a Iiving space, the home has
many limitations for so many young men laving together under one roof.
Recreation is a necessary outlet for ail the•ir studies unfoRunately some of ihe
recreation takes on undesirable characterustics, such as: roof c�imbing (a
common past fime in the warmer weatherj, throwing giass botties from the 2" or
3 story of the house into the aliey, (an aliey that is used by foot and mofor tra�c
on a frequent basisj, playing drums at odc! hours of the night and day, and
undressing in front of large bedroom windows. Not all of the students are
responsible for this behavior however it ordy takes a few unsupervised or under-
supervised students to make things unde::irable.
I believe the home is inadequate for the needs of this school and that the
students lack appropriate supervision.
A good solution would be for the Rabbi to re-examine the needs of Lubavitch
Yeshiva and the needs of both a teachirtg and living environmenf. And then the
Rabbi should propose how this property couid serve as a Rabbinical Boarding
School within this neighborhood.
40 —117�3%c.
Oa-fa�rZ
W. Randoiph Herman
2a04 Marshatl Avenue
St. PauI, Minnesota 55104
Depaztment of Planning and Econoauc Development
Zoning Section
1100 Ciry Hall Annex
25 West Fourth Street
Saint Paul, I��t 55102
February 28, 200Q
RE: Determination of Similar Use Request
225 N. Wilder
# 0011737
Attention: Jim Zdon
I had not intended to address the Zoning Cominittee but feel compelled to
because I��fr. Jerry Singer, Real Estate Agent for the Yeshiva chose to inform the
committee in the February 17"' meeting that I had signed a purchase agreement
for the property at 225 N. Wilder.
The deal did not go through for a number of reasons including:
• the property did not have a certificate of occupancy as alleged in the
cantract
• the property had suffered extensive deterioration and damage in the
months foliowing the signing of the contract
• and I become increasing concerned about the physical safety of the
' student residents in a building without a fire inspection.
I support a special use pertnit for this property if :
• a special use permit �vill insure a rehabilitation of the property to
insure the physical safety of the student residents
• enforceable conditions are delineated as part of the speaal use pemut
that �vill bring the property up to neighborhood standazds
• any ne�c o��-ner of the property must abide b}° those �ame conditions.
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February � 6, Z000
Mt. Jlm Zdon� PED
Zoning Gommittee, Clty Hali Annex, 25 W. 4`" Street
s�tat Paul, MM 551GZ
Daar Mr, 2don:
We are writing to oncourage the ZonlnB Commktee to rota against
albwing the house on YYilder (betwoen Dayton and Marahall) to continue to be
nsed as a rssidential school. The tack of a fit for this housa to s�rve as a
re$[dcntlal schooi tor ovcr �S doys at a tfine (smatl house, elose to ether
houses, Tew parking spaces In drive way anC garage, Ro yard !or studants to
play) have targoty led to the prob�ems that have occurred whlle the curtont
ovyncrs hava operatcd thc school. 7hese proDlems includc dlsturbin9
neighbors wtth loud nolse thrnughout tl�s eventng, students damaglog area
pr�perty including cars parked on the strect where the boys who attcod the
sc}+oot play, and rack►css dAving thraugh th¢ stop s�9n at Daytan and Wilder.
The past few years have cicarty proven that a residentiai school is a very poo�
usp ot thla hous� gfv.n abwo problams.
.In addition, we encourage you to require the tubavitch Yeshira of
Mlhneeofa to correct the above probtems Immediately' We and et�any otber
nefgh4ors have iived with a4ove probiErms for years wt�lle Lubavitch Yeshlva
has 1llegally operatcd w)thout thc proper zoning or Ilcensc! This Is not fair to
thf nelghborhood. Plcsse requirc the school to make the follow[ng much
1+�deQ ehae9es
-Hire adults who will property superv�se the scudenu after 9pm in the
cvgning. Currently, a(�w young men (appr. 20 years old) not that much otder
than the students arc t�+e unly supervisors In the evening. They are clearly
not onforcMg ru{a: and most studrnt behavlor problarru accur alter 9pm.
'-Provide time for students to play at arca play �rouhds rat�+er 2han in the
st�eet where damage is done to cars. 7he schoo� needs to provide more tlme
� be�ween cfasses ta aliow the students* time to get to and �ack TTOm a play
gr�und which !s one block s�way.
I
-The schoo( should drive the van down main routos such as Marshall and
G{Qve[and rathsr thea eontlnuaHy runrting the stop sf8n at Dayton and WlFder,
`Based on the neighbocfiood mceting with the RabbS, we are ccrninced that
th� bnly way the schOOt will make theso cnanges Is for the City to roquire tAe
se ool to make them until �he time the scfioot moves on.
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February 16, 2000 j
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Zoning Comtnittee of the St. Paul F'�anning Commission .
c% Jim Zdon, PED
25 W. 4th St. �
St. Paui, MN 55102 ;
Re: Lubavitch Yeshiva uf
Request for a layover
Dear Zoning Commiace:
i at 225 No. Wilder
March 16
On February 9, 2000 tha Mtrrixm P k Communiry Council votcd to requesc a
Isyover on this matter until the Zoni�g Committee's March 16th meedng, which
follows the Conncil's next meedng arch 8. At thst time we will have a
rccoaunendation on the Daeaz�inauon of Similar Use for this boarding school.
sn�r, 1
�""'ry i"�" �°"'"� """ We have not had ume to prepan: a�ll recommendarion to the Zoning Committee
*+��+ M�� for chis February 17 public heazing. Our Council received norice of the applicauon
F�,,.,,e�. on January 27th, 2000, but was una le to coordinate a eommuniry hee.�ing to
,�,�;, p „�,, ; ,� teceive input from affected conunu 'ry membas t:ndl Febtus[y 10.
"�^� u''°'""' Since the Council has r�ceived quit� a tric of communicauon abouc rhis properry
1tmo�svAcP�va�an.s
from concemed neighbors over the ast year, we fetl it impaadve that our
""°�"`� recommendarion on this issue considers input from chem, as well ae �he applicane.
usr ort�c.,e� c�u
Those concems rdnged from naffic'a.nd lace nighc noise to percepaons of inadequate
s"°' ""'' smdent supervision. �
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A„�c. x ��s;� We respectFully �ques� a laywer o�this case unal the b�CC can make a
J ,,,, W ,,,� recommendarion which eonsiders in ut fmm affected community memtiaets.
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Via Certi�ed Mail
Article No.
Z 421901 083
September 7, 1999
Director
Lubavitch Yeshiva
225 N. Wilder
St. Paul, MN 55104
Deaz Sir,
Glen R. McCluskey
Holiy Radis-McCluskey
2016 Marshall Avenue
St. Paul, MN 55104
(651) 646-9642
As one of your nearest neighbors, I am writing to you once again to bring to
your attention that the manner in which you operate your house at 225 N.
Wiider has resulted in a situation that is intolerable to my householc3. Your
continuing activities are an unabated infringement upon the enjoyment of m3�
property, which is located directly across tiVi�der Street from yours.
Although, I had understood from your for sale sign that you would not be
continuing to run your school at its current location, you obviously have
undertaken to continue the school from the Wilder house. I wish to impress
upon you that the operation of your business is having deteterious effects on
the neighborhood in addition to being injurious to my family. This is an
important factor that you should consider.
Several times in the past three years I have found it necessary to bring to the
attention of you and the various young men who are in your driveway, your
neighbor's driveway, and in the public roadway, that the activit} in which
they were currently engaged was disturbing to me and my wife. This has
included the honking of car horns, loud basketball playing, general horseplay
in the roadway, and well as the erratic movement of your man5� �•ehicles.
Letter to Labavitch Feshiva � Of g , September �, 1999
cp-�� �
mutual safety. As well, it creates a strong likelihood of avoidable velucle
damage.
3. The playing of basketball in your driveway has been a continuing source
of noise and disruption for me. I have brought this to your attention on
several occasions in the past. My bedroom window is located on Wilder
and I can hear ever bounce of the basketball and every shout of your
young men. Upon my making specific requests to you r that you do not
play after 10:30 p.m., you have on occasion responded by generally
curtailing that particular activity. I appreciate this. Ho�vever, with the
beginning of each new year, this basketballs playing goes on well past
10:30 p.m. unless I am forced again to request you to be courteous and end
this disruptive activity at an earlier and more reasonable hour. I have
never heard from you regarding what hours you intend to plap this game
or if you are even actually aware of my requests. Consequently, when the
basketball noise does continue past 10:00 p.m. it produces mental distress
for me. This is because I find, based on past experience with you, that the
basketball playing may continue until well past 1:00 a.m., preventing my
sleep and interfering with the quiet enjoyment of my residential property.
4. Basehall playing in your driveway, the adjoining drive�vay, the public
roadway and on my own grass boulevard is unacceptable, nois},
dangerous and has resulted in a continuing trespass by you to my
property.
Specifically, on Sunday, September 5, 1999, my brother and I�t�ere in my
backyard when a hard baseball entered the yard and continued «•ell to the
Letier to Lubavitch Teshiva 3 Of $ September ;, 1999
also in my hedge on several occasions that day. They entered my yard
several times to retrieve the ball. Obviously, the young men were taking
no steps to respect my property rights. I once again asked them to be
careful and I specifically requested that they keep their bail out of my
yard, off my property and that they not encroach on my grass boulevard.
Further, I asked them if they understood my request and if anything
about my request was unclear. They told me they uaderstaod and
that it was clear. Nevertheless, their ball entered my grass boulevard
area and hedge several times thereafter that same day Once again this is
obviousiy careless, thoughtiess behavior. It indicates that your activities
are maintained with no regard for the rights or feelings of others.
So that you will be aware, my neighbors to the south have told me several
times that your activities have been disturbing to them and to their tenants.
I was upset to hear that one of their tenants, a young woman, was brought to
tears by the continuing disturbance from your house and from your drive�'ay.
I believe that my wife and I have been extremely tolerant of your operation.
This was driven by the hope and the expectation that you would conduct
yourself with decency and respect for your neighbors, for the laR of the
state and for the ordinances of the city of St. Paul. However, m3 optimism
and my tolerance are now at an end.
You are quite obviously in the wrong location for such an expansive and
disturbing operation. Further, it is clear that your young men lack
asked them on September 6 and September 7, l999 if a
supervision.
supervisor or person in authority was in the house with whom I could speak.
5 o g g Sepcember 5, 1999
Letter to Lubayitch Yeshiva
cx�-CQ�i 7
of your continuing activities aze injurious to my property rights or have a
strong potential to be injurious.
I would like to discuss these matters with you or your authoriZed
representatives as soon as possible. It is my goal to work out a solution
whereby I can enjoy the rights I have to my property.
It is not my goal to bring any discomfort to your organization, however, you
have shown absolutely no regazd by my rights, nor any caze for this
neighborhood of which we are all a part.
By way of example, you should be aware that we have two other schools in
our neighborhood which I believe have taken appropriate action to be
zesponsibie toward their students and toward their neighbors. St. Mark's
grade school is located only one block away, yet provides no disturbance to
the neighborhood. This is because they have adequate lands and
organization to handle their activities. They have a safe, adequate,
fenced play area for the children. Without such a space, these children
too might play in the street; providing a risk of injury to themsel�•es and
others. Naturally, this would not be acceptable to the school nor the parents
of the students, nor to the community. This is good eaample for you to
follow.
St. Thomas College has a major presence in this community. The school has
been criticized in the past for the noise and disturbance caused b5 its off-
campus students and its on-campus activities. Because the of this, the
College has joined with the Merriam Park Community Counsel in creating
the SCOOCH Committee whereby a dialogue is created between the
neighborhood and the school and such probiems can be resolved. For yoi�r
review, I have enclosed a recent flyer from St. Thomas alerting the
neighborhood of its upcoming events. The flyer indicates that steps have
been taken to limit noise and traffic. This alone is reassuring and
I,etter to Lubavitch Yeshiva � Of $ September ;, 1999
St. Thomas Oufdoor Activities Notification
To the neighbors of St. Thomas:
Schoo! is starting up again with move in over Labor Day weekend and we wouid
like to take this time to fet you know about some of the ways the community wiA
be ceJebrating this falt. Steps have been taken to limif the haurs during which
music will be played and to locate the events in campus settings where the noise
level wili be most contained.
Tuesday, September 7
RNA Fun i� the Sun - D.J. Music, Food, Games
1-4 p.m. Upper Quad �
Friday, September 10
Residence L'rfe Boardwalk - D.J. Music, Food, Games, Pr¢es
5 -10 p.m. Upper Quad
Piease feel free to join us from 5- 7 p.m.
Saturday, September 11
ACC/STAR FootbaA Extravaganza - Live Band, Prizes, Food, Ctimbing Wail
11:00 a.m. Lower Quad
This event is for UST siudents with ID. Please join us for the game at '1:00 p.m.
Sunday, September 12
i2� St. Paut 8icycle Classic
centered at lot H
Friday, September 18
So�( Asylum Concerf - Live Band
4 -10 p.m. Lower Quad
This event is for UST students with ID.
Friday, September 24
Sabor Tropical Band - Live Band
- 7 - '10 p.m. Lower Quad
This event is for UST students with ID.
We hope these events are not a dist�rbance to your life in the neighborhood.
Please contact the Center for Student Leadership and�Activities (962-6130) with
any questions before the event. During the evertt plea§e refer questions to
Public Safety (962-5100).
Thanks so much and Happy Fall!
Lee Hoedl, Director
Center for Student Leadership and Activities
oo-��t 7
Glen R. McCluskey
2016 Marshali Avenue
St. Paul, MN 55104
(651) 646-9642
February 6, 2000
To Whom it may concern,
Re: �DDENDUM
This a an note regarding the response I received from my letter sent to
Lubavitch Yeshiva of September 6, 1999.
On September 22, 1999, I received a call from Mr. Moisha Weiss, who stated
that he was in charge of the physicai needs of the school.
He stated that the schooi had cut its enrollment and that it would only be at
its current location for the rest of the year because the building had been
sold.
Further, he stated that he was working with Merriam Park to get the lights
of the pazk turned on later into the evening.
Finally he stated that he would invite me over to speak to the bo� s in the
near future and discuss my concerns with them. He stated that there would
probably be about 25 people at such a meeting. I agreed to attend and would
await his call.
He never called back and I was never invited to speak to the boys as he
offered.
Sincerely yours,
i ����.
,
Glen R. McCluskey
Sent By: ROSEN & ROSEN PLLP;
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657 223 8574;
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�atement of i ubavitch Yec iva
The i.ubavitch Yeshiva respectfitliy requesis that the Council grant its petition for
dctermination o£similar use_ The reasans to grant our petition are well stated in @ie city stat'f
report recommending approval of the petition and in the remazks of Ptanning Commissioncr
Cordon which have been rewrded in the planning commission minutes.
We are an institution tliat fills the vital neul of this community and olhers for orthodox Jewish
secondary schooi education. Our Wilder property is our home.
All ofthe faefs ofwhich the Council has bcen madc aware indicate that approval olour
petition is consistent with the ordinances, is fair, and will benefit the community.
•
�J
Saint Pnul Pllnning Commission
City Hall Conference Center
15 Keltogg Boulevard West
Minutes of March 2�i, 2006
A meetin�, of the Plannin� Commission of the City of Saint Paul �vas held Frida}', 4farch 24, 2000, at
S30 a.m. in the Conference Center of City Hafi.
Commissioners Mmes. Donnetly-Cohen, Ditarte, Faricy, Zimmer Lonetti, and btoROn
Present: and Messrs. Airon, Anfang, Corbey, Dandrea, Field, Fotsch, Gocdon, Johnson,
Kramer, and Mardell
Commissioners Mmes. "Engh and McCall and Messrs. �`Gervais, Kong, Mazaulies, and Shakir
Absent:
*Excused
Also Present: Larry Soderholm, Plamiin� Administrator; Tom Harren, Richetle Nicosia, Lucy
'Chompson, Allan Torstenson, and James Zdon, Department oF Plannin� and
Economic Development staff.
I.
II.
Approval of Minutes of February 2�, 2000
�
D'IOTION: Conin:issioner AltoJe »ioved apprnva! of tlie miru�tes of February 25, 2000. �
Cornntissiot:er Duarte seconded tJte �notion and tlte miiudes were approved on a
tu7aninioas voice vote.
Chair's Annoimcements
Cliair N(orton stated the Plannin� Commission Retreat will be nzxt Frida}�, March 31
from 3:00 a.m. to 1 1:00 a.m. Tliere �cil f be a tour of Phalen VillaQe afrer the rneeting
and we will also be orderin� bo� lunches for those �vho wish io ha�'e one. She stated at
nezt Priday's retreai she t� ill have a list of committee assi�nments available for you.
TR. Planning Administrator's Announcements
The CiTy Council approved the City Housing Action Plan. Gan Peltier of PED
coordinated the preparation of the Housin? Action Plan and he �cill have a presentation
here this momin� to talk about PED's work on it. This plan is done annually and is
required by the Nletropolitan Cow�cil for all municipalities to become elitrible for
Livable Conmiunities �rants. lVe have received four grants mider the Licable
Communities Proeram this }•ear, one for [he North Quadrant one for Urban Village
Zonnlg and t��o for soil clean-up. It is an important proaram for w and it is important to
achie�e metropolitan coordination to distribute affordab(e housing 2hrouehout the re�ion
\lr Soderho�in �:�id that L.�nd llse and 7rn�inR VVorl'shops 2re offered t��� the
Go�'ernment Trlining Ser� ice and he passed around their brochurz. PED has a bud�et �
r� . �
� for some Plannine Commission trainine.
`1r. Soderholm also made announcements about the Saint Paid �tinneapolis Home Tour,
the �tiller Fillmore dinner on ri�•er decelopment, and a Ramse}' Counn' survey on
transportation issues.
He passed lround the PED Annual Report and said the Planning Commission's Annual
Report �vill be passed out ne�t �veek at the retreat.
Mc Soderholm said Commissioner Corbey �� i I I have sur�er} on March 30. He wi(I be
out foc a couple of months, and we all �cish him well.
TV. Zoning Committee
#60-117-375 Lubavitch Yesl�ica of DIinnesota Inc. - Determination of similar use to
allo�c for ��rivate high school wiUi boarding. 22� �Vilder St. N. (J1mes Zdon 266-
6559)
MOTIO� Cn»nnissroner Fie(d stnted the 14'lerriant Pnrk Cotnnu�niry Counci[
reconinae�tded re7.o�:ing IO [lIIO3V tIlL' boarrlireo /miese, lrowever, oi: a vote of 5-1 the
Znni�to Cmm�eittee reco»:r�:entts deuiat nf tke app(rcation. Tl:ere is «n ecteitsive
resolt�timt i�: ynur prrcket tleat ref7ects t/te n:njarity opinio�e ojthe Zonirig Contmittee.
Strrff reconrir:ended approvnl nf tlee rrpp(icntion.
� Commissioner Gordon stated that he cotzd a;ainst denia{ of thz application. He feels
this application is appropriate under the Zonin� Code and does not feel there is a
leeitimate basis for deniai. Commissioner Gordon quoted from a letter dated March 2,
2000. from Citr Attorney Peter �Varner distributed to zonine committee, the letter states
on p1�e 3, "all of the above leads me to su,eest that in ecal�tatine this determination of
similar use application, you consider this application under the procisions of Le�islati� e
Code section 60.�336, ��hich pro� ides that principle uses in a B? zonino district ma}'
also IZa�e accessorc uses 1s defined in Lzsislative Codz sec[ion 60?O1. E�aluatin� the
application in order to detennine ��liethzr a private hi�=h school ��'ith an accessory studznt
boarding facility is similar to the private hi�h school principalh permitted in a B-2
district under Leeislative code section 60.�32K, darifies this application. It recognizes
the reality of the proposed use. It is a school providing on campus student housing
�cithin the contezt of the more objecti� e standards in the Zonins Code under Leeislatice
Code section 60?01 relating to accesson' uses." Thereafrer. in the subsequent staff
report dated March 7, 3000, pa,e 3 our staff stated: "At the \tarch 2. 2000 Zottin�
Connnittee meetin„ tlie City lttorne} provided an 1lternati�e rltionale for approvina the
cletermination of similar use application. That rationale is ba;ed on findin� the boardin=
function an acce;son use to the Rabbinical School." Staff beliz� es that its findin�s and
the Ciq' Attornzc's rationale represent lesitimnte alternati� zs for approvins the
application. The L�Odi'<III7` 1t LUh�\ ITCI7 Yeshi�'a meeu the d;finition ofaccessory use in
60.?01 of the 7_onim_ Code because it is a use that is clearh incidencal to and
cu;[omaril. found in connzction �cith th: principal iue to ��in;h it f> related. a private
hi_h school." So ��c ha�e. the opinion of the Cit� Attorne� and the opinion of our stafT
• �
that diere is a legitimate, 11«fi�l rationale foc grantiit? this application under the existins
zoning code. So ��hat �i�ere the problcros �� ith this application° The problems were, in �
teri��s of testimony and itiritten canmtmications fran a number of nei;hbors, that there
were a number of students a[ this facilitc «ho ��ere not well supenised by adults. The}'
tended [o make too much noise, p!a} ii1 the street, aitd sometimes «'he�i Yhey rvere
en�,a��ed ia recreational ac[i��ities, thro��'ine a softball or football it may hit a car or a
house and possibly cause some dantage. AI( of these were legi[imate concems. Staff
�vas asked to make recommendations to deal «'ith those leeitimate concerns. Staff at the
Zonin� Committee meetin� came in �vith recommendations that there shoutd be on-site
adult supervision at all times, there should be quiet time after certain hours, and for
outside sporting activities, students sliould Qo to the nearest rzcreational facitity. These
are reasonable conditions ai the use that deal �aith those leoitimatz concerns.
Commissioiier Gordon feels that it is unreasonable to deny this �roup approval oftheir
application. He slid he ��ould vote 2sain;t the motion and he ��ould encourage his
fellow Plannine Commission members to ��ote a�ainst the motion.
On n roll cntl vote of 11 to 4, tiie motion passed to deny the application for a
detcrmination of similar use to nllo�v a private hi�h schoof �cith boarding at 22�
�Vilder St. N.
#00-I1S-413 AT&T �Vireless - Special Condition Use Permit to allotir AT&T to
attach 6 pnnel antennas to a chimney stack on n residentiat structure less than 60
feet hidfi. 682 Grand Ace., south�cest corner of Grand at St. Albans. (Danette
Moore 266-6��1) �
MOTION: Conetnissioi:er Field nmved rrpprova( of tke special conditiost use pernzit to
allow AT&T to attacle 6 pru:e! t�ntennas to a c/tinv:e�• stacF at a residentialstructt�re
less tlrait 60 feet leig/r. 682 Grrutd Ave., sordlrx�e,rt coneer of Graf:d «t SL Albans. The
17ZOIf017 C(iff(L'(I [lllQtl[F170f[SI1� Oli (1 1'OICC' t'OIH.
Commissioner Field thanked staff for [he e�cellent job «orki;�s «i[h applicants on recent
antenna cases. Conunissioner Field stated his appreciation ior information on the need
or Iack of need for the antennas as ��el( a; maps and charts on the alternative sites
considered.
#00-119-ISI Harriet Islancl Performance Staae - Special Condition Use Permit,
River Corridor modification, and height variance to allo�c the decelopment of a
perlormance stage in Harriet Isl�ncl Regional Park. (Lucy Thompson 266-6578)
MOT[O� Comnrissioirer Field nrn��ed r�pprnvrrl nf �r special coraditiaz �cse permit, n
River Cnrridm� nrodificatior:, artd ri hei�lrt vrrriaiace to «lloir 11�e developrnettt of a
perfnrnrtnrce sttr,e m Harriet Lsltmd Regrnn[r! Prtrk.
Qecaiue therz «ere zor,in�, requests a�sociated �� it(i thi� ca_e. tlie Zoning Committee
dcalc �� ith them as three separate motioiti. At thz 7_oning C.�:nmittze meetino one spo:,e
in suppo�t. one per;on spt�ke in opposition. The peron ul:�-;po,l: in opposition
�
�
�'��
Angela Pa2omo
1996 Marshall Ave.
St Paul, MN 55104
Dear Council members,
S�%v
����f��
May 5 2000
As block club leader, I am writing on behalf of the Merriann Park neighbors who have
been involved in the iubavitch Yeshiva school zaning situation. Yes, there have been
concems about noise, properiy damage and building condition. However, the bigger
issues have become a child safety, and b)compiete disrespect for our neighborhood.
Upon inquiry, a student recently admitted that oftea their "adult supervision" of over
15 boys is a 19-yeaz old student There ue 3`� floor bedrooms with no fue escapes,
basement bedrooms with no windows. They use their driveway for ezercise because they
aren't given time to go to the pazk (two blocks away). Rabbi Wilhelm claims they are
trying to seil the building—why, then, did they recenfly raise the price on a building thaE
has been on the market for over six months? A building that doesn't even have a current
Certificate of Occupancy.
For two years we have reached out to the Rabbi with no results. There aze many rental
properties in this area, and many schools. We are proud of our diversiry and we ceiebrate
the dedication it takes to make our community strong. Rabbi Wilhelm has tumed his
back on our efforts.'fhe neighbors have been more than patient, the city negligent. If
these boys were from Central or Cretin-Derham high schools living under these
conditions, you can bet they wouldn't have been there three weeks much less three years.
A determinalion of similaz iue would indicate that the boarding school is similaz to a
business and would altow for residential and educationai use. That's convenient, but not
right...in what way are these students' Iiving atrangements a business? Rabbi Wiiheim
says, "the issue shouid be decided on the basis of wning regulations, not on whether
neighbors like the school and its students." He's absolutely right And, in Merriam Park,
the education and welfare of children should never be and WILL never be a business.
Sincerely,
Angela Hanzel-Pa(omo
Block Cluh Leader
��
� -��
My name is Kathleen M. Daniels and I live at 216 W{der St. No. in Merriam Park,
St. Paul.
This issue is imporEant to me because t live across the street from the Lubavitch
Yeshiva of Minnesota at 225 Wilder St. No. and have been directly affecfed by
various activities at the school. When 1 first leamed that this properly was going
to be used as a school for Rabbinicai study 1 was quife excited both for the
diversity it would bring fo fhe neighborhood and secondly, because my home is
cfosely focated to two other institutions of ieaming that have proved to be good
neighbors. 1 assumed that this schooi wouid also be a good neighbor. I'm afraid
it has not been one.
I'm concemed that not enough consideration went into the decision of where.and
what was needed to provide both a learning and living environment for young
men in Rabbinicai studies. As far as a learning environment 1 would hope the
ritualistic sounds could be contained within the school. It is not uncommon for
me to hear the ritualistic chanting coming from the house at all hours of the
night...some nights 1 can sleep through it other nights t just endure it. This does
not go on ever night, however it goes on enough to be tiring. Apparently, the
house is not properiy insulated for sound. As far as a living space, the home has
many limitations fo� so many young men living together under one roof.
Recreation is a necessary outlet for ali fheir studies unfortunately some of the
recreation takes on undesirabie characteristics, such as: roof ciimbing (a
common past time in the warmer weather), throwing glass bottles from the 2" or
3 story of the house into the aliey, (an alley thaf is used by foot and motor tra�c
on a frequent basis), playing drums at odd houts of the night and day, and
undressing in front of large bedroom windows. Not all of the students are
responsible for this behavior however it only takes a few unsupervised or under-
supervised students to make things undesirab{e. .
I believe the home is inadequate for the needs of this school and that the
students lack appropriate supervision.
A good solution would be for the Rabbi to re-examine the needs of Lubavitch
Yeshiva and the needs of both a teaching and living environment. And then the
Rabbi should propose how this property could serve as a Rabbinical Boarding
School within this neighborhood.
�--(�9 7
Via Certified Mail
Article No.
Z 421901083
September 7, 1999
Director
Lubavitch Yeshiva
225 N. Wilder
St. Paul, MN 551�4
Deaz Sir,
Glen R. McCluskey
Holly Radis-McCluskey
2016 Marshall Avenue_
St. Paul, MN b5104
(651) 646-9642
As one of your nearest neighbors, I am writing to you once again to bring to
your attention that the manner in which you operate your house at 225 N.
Wilder has resulted in a situation that is intolerable to my household. Your
continuing activities are an unabated infringement upon the enjoyment of my
property, which is located directly across Wilder Street from yours.
Although, I had understood from your for sale sign that you would not be
continuing to run your school at its current location, you obviously have
undertaken to continue the school from the Wilder house. I wish to impress
upon you that the operation of your business is having deleterious effects on
the neighborhood in addition to being injuxious to my family. This is an
important factor that you should consider.
Several times in the past three years I have found it necessary to bring to the
attention of you and the various young men who are in your driveway, your
neighbor's driveway, and in the public roadway, that the activity in which
they were currently engaged was disturbing to me and my wife. This has
included the honking of car horns, loud basketball playing, general horseplay
in the roadway, and well as the erratic movement of your many vehicles.
Leiter to Lubavitch Yeshiva 1 Of $ Septembes 7, 2999
m �� �
I have also written you letters in which I e�tpressed to you that various of
your activities constituted a nuisance to me. Although, I have encouraged
you several times to telephone me, meet with me personally to discuss the
situation, or to write me, no member of your organization has ever sought to
communicate with me in any manner whatsoever. Your activities continue to
prove disturbing and are disruptive of my rights and the enjoyment of my
property.
Specifically, the following of your activities are disturbing to me and
I request that such activity immediately cease:
1. The honking of car horns for any reason, other than as a safety warning,
must cease immediately. Last yeaz, a continual racket was created when
your young men used the horns of theix cars or vans as an indioator for
others to come out of the house and join them in the vehicle. Obviously
this is discourteous and unnecessary. Please take prompt steps to assure
this stops at once.
2. The continual coming and going of your vehicles is disturbing and
dangerous. Your vehicles and those belonging to others, appazently doing
business at your house, come and go at a rapid pace every day. Aithough,
we take great care, my wife and myself have nearly been hit several times
by your vehicles. They are driven with littie regard for other traffic on the
street. Those backing out of your driveway (which is aimost the exclusive
manner in which vehicles exit your driveway) do not appear to check to
see if traffic is approaching on Wilder. They certainiy to not check to see
if my wife or myself aze backing out of our own driveway directly across
the street. We would appreciate more care and courtesy in this
regard. It is very disturbing and potentially dangerous to our
Letter to LubavItch Yeshiva 2 Of $ September 7, 1999
t�-1p�7
mutual safety. As well, it creates a strong likelihood of avoidable vehicle
damage.
3. The piaying of basketball in your driveway has been a eoati.nuing source
of noise and disruption for me. I have brought this to your attention on
several occasions in the past. My bedroom window is located on Wilder
and I can heaz ever bounce o£ the basketball and every shout of your
young men. Upon my making specific requests to you r that you do not
play after 10:30 p.m., you have on occasion responded by generally
curtailing that particular activity. I appreciate this. However, with the
beginning of each new year, this basketballs piaying goes on well past �
10:30 p.m. uniess I am forced again to request you to be courteous and end
this disruptive activity at an earlier and more reasonable hour. I have
never heard from you regarding what hours you intend to play this game
or if you are even actually awaze of my requests. Consequently, when the
basketball noise does continue past 10:00 p.m. it produces mental distress
for me. This is because I find, based on past experience with you, that the
basketball playing may continue until well past 1:00 a.m., preventing my
sleep and interfering with the quiet enjoyment of my residential property.
4. Baseball piaying in your driveway, the adjoining driveway, the public
roadway and on my own grass boulevard is unacceptabie, noisy,
dangerous and has resulted in a continuing trespass by you to my
property.
Specifically, on Sunday, September 5, 1999, my brother and I were in my
backyard when a hard baseball entered the yard and continued well to the
Leiter to Lubavitch Yeshiva " 3 Of $ September 7,1999
Oer�97
rear of my yard. This was the result of your young men playing ball in
the public roadway and the driveway adjoining yours. I returned the ball
to one of your young men and respeetfully asked him to be more careful.
Aowever, he and his colleagues did not move their piaying position in the
slightest bit and a hard ball once again entered my property very soon
thereafter. This is dangerous and negligent. As well, continuing this
dangerous activity after being informed of its potential dangers, may be a
willful and wanton lack of care by you for the safety of those on my
property.
Earlier in the day, the young men were playing ball directly across &om
my yard and essentially using my Ford truck as backstop. This is
careless, thoughtless behavior and nearly outrageous. I told the boys to
please cease playing while we moved the truck. F`urther, I clearly
indicated that I did not appreciate having hazd ball played in a manner
which endangered myseif and could prove damaging to my vehicie.
However, it was after this request that the baseballs entered my yazd at
least twice; nearly hitting myself and my brother. I aiso asked the young
men why they did not play ball at the park, which is only about a two
minute walk from your location. They stated they did not have time. I
asked them if it was true, then that they had enough time to play ball, but
not enough time to walk to the park. They stated this was the case.
On Snnday, September 6, 1999, the young men were once again playing
ball in the adjoining driveway, throwing the ball in an east-west manner.
Several young men were in the street and subsequently, moved onto my
grass boulevard where they remained, running, jumping and sliding.
Although, I had requested that they take care in their ball playing and to
keep their hard basebail out of my yard, the ball landed in my yard and
Letter to Lubavitch Yeshiva � 4 Of 8 September 7, 1999
I r •'
also in my hedge on several occasions that day. They entered my yard
several times to retrieve the ball. Obviously, the young men were taidng
no steps to respect my property rights. I once again asked them to be
cazeful and I specifically requested that they keep their ball out of my
yaxd, off my property and that they not encroach on my" grass boulevazd.
Further, I asked them if they understood my request and if anything
about my request was uncieaz. They told me they understood and
that it was clear. Nevertheless, their ball entred my grass boulevard
azea and hedge several times thereafter that same day Once again this is
obviously careless, thoughtless behavior. It indicates that your activities
are maintained with no regard for the rights or feelings of others.
So that you will be aware, my neighbors to the south have told me several
times that your activities have been disturbing to them and to their tenants.
I was upset to hear that one of their tenants, a young woman, was brought to
tears by the continuing disturbance from your house and from your driveway.
I believe that my wife and I have been extremely tolerant of your operation.
This was driven by the hope and the e�cpectation that you would conduct
yourself with decency and respect for your neighbors, for the laws of the
state and for the ordinances of tlie city of St. Paul. However, my optimism
and my tolerance are now at an end.
You are quite obviously in the wrong location for such an expansive and
disturbing operation. Further, it is cleaz that your young men lack
supervision. I asked them on September 6 and September 7, 1999 if a
supervisor or person in authority was in the house with whom I could speak.
Letter to Lubavitch Yeshiva 5 of 8 September 7,1999
�-���
They informed me there was none. Clearly, 12-18 young men between
the apparent ages of 15-18 occupying a house without any adult supervision
will result in problems. This is negligent and careless on your part.
Please be advised that your operation is not a business, paramount to the
rights of home owners in a residential district. Nor is it dependent on a fixed
location.
Your business operation disturbs the peace and quite of the
neighborhood and of myseif and endangers the safety and security of
the residents in this neighborhood. Further, you aze unreasonably
interfering with my property rights and your ogeration has become
a nuisance.
Please consult Minnesota Statute § 561.01, which states,
Anything which is injurious to health...or offensive to the
senses or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property, is
a nuisance. An action may be brought by any persons whose
property is injuriously affected or whose personal enjoyment is
lessened by the nuisance, and by judgment the nuisance may
be enjoined or abated, as well as damages recovered.
Further, please see the case of Robinson v. Westman, 29 N.W.2d 1(Minn.
1947), wherein a riding stable, while not a nuisance "per se" was found to be
a nuisance in fact, by reason of the manner of its operations, particulariy .
because it was located in a residential neighborhood where the effects
of the business affectecl the health and property rights of those in
the vicinity. fihis is analogous to the situation which you have created.
In this letter I have attempted to lay out very clearly which aspects of your
continuing operation are disturbing to myself and my household and which I
feel are a danger to the personal safety of myself and my relatives and which
I.etter to Lubavitch Yeshiva 6 Of 8 Seplember 7,1999
4� ��7
of your continuing activities are injurious to my property rights or have a
strong potential to be injurious.
I would like to discuss these matters with you or your authorized
representatives as soon as possible. It is my goal to work out a solution
whereby I can enjoy the rights I have to my property.
It is not my goal to bring any discomfort to your organization, however, you
have shown absolutely no regard by my rights, nor any care for this
neighborhood of which we are all a part.
By way of example, you should be awaze that we have two other schools in
our neighborhood which I believe have taken appropriate action to be
responsible toward their students and toward their neighbors: St. Mazk's
grade school is located only one block away, yet provides no disturbance to
the neighborhood. Ttris is because they have adequate lands and
organization to handle their activities. They have a safe, adequate,
fenced play area for the chiidren. Without such a space, these children
too might play in the street; providing a risk of injury to themselves and
others. Naturally, this would not be acceptable to the school nor the parents
of the students, nor to the community. This is good egample for you to
follow.
St. Thomas College has a major presence in this community. The school has
been criticized in the past for the noise and disturbance caused by its off-
campus students and its on-campus activities. Because the of this, the
College has joined with the Merriam Park Community Counsel in creating
the SCOOCH Committee whereby a dialogue is created between the
neighborhood and the school and such problems can be resolved. For your
review, I have enclosed a recent flyer from St. Thomas alerting the
neighborhood of its upcoming events. The flyer indicates that steps have
been taken to i'vnit noise and traffic. This alone is reassuring and
Leffer io Lubavitch Yeshiva 7 Of 8 September 7, 1999
���
xesponsible. Further, telephone numbers are provided whereby
concerned neighbors can call both before and during.the event. This
is ezactly the kind of coaxmunication method which a responsible
organization should deveIop in an effort to be sensitive to the effeet
they have on neightiors. In your case, you have never spoken to me,
provided me with any means to contact you, nor have you ever taken
advantage of my requests that you contact me at any of the telephone
numbers which I have provided you.
You are not operating in a vacuum, hut you are part of a community.
Consequently, your continuing to ignore my requests to communicate about
this probiem and your continuing to operate your business in an unsafe and
disturbing fashion constitutes a nuisance. .
Please be advised that you can reach me at my office during working
hours at (612) 926-654? and at my home after working hours at (851)
646-9642. You can also knock on my door at any reasonable hour and
talk with me. I strongly encourage you to do one of the above as soon as
possible. You have offered me no clear channels to communicate with your
organization, so I want to clearly extend to you an invitation
and the means to contact me.
I hope you will do so promptly.
Sincerely yours,
�!%/�� ; %��j�
�i
Glen R. McCiuskey
Enciosure
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�ebruary 6, 2000
To Whom it may concern,
Re: ADDENDUM
Glen R. McCluskey
2016 Marshati Avenue
St. Paul, MN 55104
{651) 646-9642
This a an note regarding the response I received from my letter sent to
Lubavitch Yeshiva of September 6, 1999.
On September 22, 1999, I received a call from Mr. Moisha Weiss, who stated
that he was in chazge of the physical needs of the schooi.
He stated that the school had cut its enrollment and that it would only be at
its current location for the rest of the year because the building had been
sold.
Further, he stated that he was worlang with Merr'sam Park to get the lights
of the park turned on later into the evening.
Finally he stated that he would invite me over to speak to the boys in the
near future and discuss my concerns with them. He stated that there would
probably be about 25 people at such a meeting. I agreed to attend and would
await 3iis call.
He never called back and I was never invited to speak to the boys as he
offered.
Sincerely yours,
i��' 4/ /
Glen R. MeCluskey
�-c���
St. Thomas Outdoor Activities Notification
To the neighbors of St. Thomas:
Schooi is starting up again with move in over Labor Day weekend and we woutd
like to take this time to let you know about some of the ways the community wiii
be celebrating this fall. Steps have been taken to limit the hours during which
music wili be played and to locate the events in campus settings where the noise
{evel will be most contained.
Tuesday, September 7
RHA Fun in the Sun - D.J. Music, Food, Games
1-4 p.m. Upper Quad
Friday, September 10
Residence Life Boardwalk - D.J. Music, Food, Games, Prizes
5 —10 p.m. Upper Quad
Please feei free to join us from 5— 7 p.m.
Saturday, September 11
ACC/STAF2 Football Extravaganza - Live Band, Prizes, Food, Ciimbing Wail
11:00 a.m. Lower Quad
This event is for UST students with ID. Please join us for the game at 1:00 p.m.
Sunday, September 12
12� St. Pauf Bicycle Classic
centered at lot H
Friday, September 18
Sou! Asylum Concert - l.ive Band
4 -10 p.m. Lower Quad
This event is for UST students with ID.
Friday, September 24
Sabor Tropicai Band - Live Band
7 —10 p.m. Lower Quad
This event is for US7 students with ID.
We hope these events are not a disturbance to your life in the neighborhood.
Please contact the Center for Student Leadership and Activities (962-6130) with
any questions before the event. During the event please refer quesiions to
Public Safety (962-5100),
Thanks so much and Happy Fall!
les Hoedi, Directar
Center for Student Leadership and Activities
t> ••
Gien R. McCluskey
2016 Marshall Avenue
St. Paul, MN 55104 .
Lubavitch Yeshiva
225 N. Wilder
St. Paul, MN 55104
July 19, 1999
Deaz Sirs,
I wish to strongly encourage you to promptly remove your pile of tree
branches and brush which is currently on your boulevazd.
The brush has been in its current location for at least one month and is
plainly a fire hazard. Further, it is likely a haven for rodents and other
undesirable pests. Without question it is an eyesore.
I would very much appreciate it if you would cause it to be removed soon.
If I can be of assistance, please feel free to call me during working hours
at 612-928-8000, ext. 108.
Thank you for your time and attention.
Sincerely yours, �
�
.i �%'r' (J/�/�����"�/ .
Glen R. McCluskey
� Cb
Pebruary 25, 2000
TO: Saint Paui City Council i
From: Kevin and Katy Anderson, 2022 Dayton Ave.' \�'
Re: House on �ider being used as a School {tubavitch Yeshiva of MN)
We are writing to encourage the Zoning Committee to vote against
aUowing the house on Wilder (between Dayton artd Marshail) to continue to 6e
used as a residential school. The lack of a fit for this house to serve as a
residentiai school for over 15 boys at a time (smali house, close to other
houses, (ew parkiog spaces in drive way and garage, no yard for students to
play) have largely Ied to the problems that have oecurred wfiile the eurrent
owners have operated the school. These problems include disturbing
neighbors with loud noise throughout the evening, students damaging area
property inc{uding cars parked on the street where the boys who atEend the
school piay, a�d recktess driving through the stop sign at Dayton and Wifder.
The past few years have ciearly proven that a residential schooi is a very poor
use of this house given above probiems.
Until the lubavifch Yeshiva of Minnesota fiinds another building, we
encourage you to require the school to correct a number of school
management problems that are further making this a negative situation for
neighbors. Please require the schooi to make the following much needed
changes:
-Hire aduits who wili properly supervise the students after 9pm in the
evening. Currently, a few young men (appr. 20 years oid, not that much oldcr
than the students) are the only supervisors in the evening. They are ciearly
not enforcing rules and most student behavior problems occur after 9pm,
-Provide time for students to piay at area play grounds rather than in the
street where damage is done to ca�s. The schooi needs to provide more time
between classes to aliow the students' time to get to and from a play ground
which is one bJock away.
'-The schoo! should drive the van down main routes such as Marshait and
Cieveland rather than conti»naily running the stop sign at Dayton and Wilder..
Sased on the neighborhood meeting, we are convinced that the only way
the schooi will make these necessary chaeges is for the City to require the
sehooi to make them. We and other neighbors have lived with the a6ove
probiems for years while the schoo! has iliegaily operated without the proper
zoning or licensel This is not fair to the neighborhood.
c�-�5z
W. ,Randolph Hermatt
2000 Marshall Avenue
St. Paul, Minnesota 55104
Department of Planning and Economic Develapment
Zoning Section
1100 City Hall Annex
25 West Fourth Street
Sainf Paui, MN 55102
Febzuary 28, 2000
RE: Determination of Similaz Use Request
225 N. Wilder
# 0011737
Attention: Jim Zdon
I had not intended to address the Zoning Committee but feei compeIled to
because Mr. Jerry Singer, Reai Estate Agent for the Yeshiva chose to inform the
committee in the February 17"' meeting that I had signed a purchase agreement
for the property at 225 N. Wilder.
The deal did not go through for a number of reasons including:
� the property did not have a certificate of occupancy as alleged in the
contract
• the property had suf£ered extensive deterioration and damage in the
months following the signing of the contract
• and I become increasing concerned about the physical safety of the
student residents in a building without a fire inspection.
I support a special use perntit for this property if :
• a special use pernut will insure a rehabititation of the property to
insure the physical safety of the student residents
• enforceable condifions are delineated as part of the speciai use permit
that will bring the property up to neighborhood standazds
• any new owner of the property must abide by those same conditions.
/ //%.!-- •
, r ,�
�_���
Stefan Piambeck
2006 Marshatf Avenue
St. Paul, MN 55104
City of St. Paui
Department of Planning and Economic Development
Zoning Section
March 1, 2000
To whom it may concem:
Our family lives down the alley a fiew houses in from the property being
considered for the re-zoning. We are not averse to the re-zoning of the property
as long as the parties responsible for the house adhere to a number of basic
conditions. �
First and foremost would be supervision of the house and the people {iving in the
house. To my knowledge there is no adult living in the house to serve as a
supervisor, not only of the property, but also the students. As neighbors our
concem is that the house and the area surrounding ihe house, including the
alley, sidewalks and even the street is an eyesore. The upkeep of the property
seems not to be a concem to the owners. We would request a sensitivity and
responsiveness not only to adhere to city codes, but aiso to maintain a minimai
sense of responsibility to keep our neighborhood cfean.
In addition, on numerous occasions, the students living in the house may be
found in the alley in our block throwing Frisbees, baseballs and footbalis which
land with great frequency in the back gardens and on the roofs of neighboring
homes, ours included. There are other venues nearby in the neighborhood for
these activities. I wouid encourage those who function in supervisory roles at the
house to noi oniy be informed as to the activities of the students at all times, but
to steer those activities to locales where property and chifdren are not in the line
of fire.
� t`
Regards, ; � f ���-�"(.
!
Stefan �.. ec
1
. i i �s . . OD-1Q�1 Z
, Dan Rowa & Assoeiates - -
PrastheGc, OrthoUc, and Pedorthic Care
2032 Marshail Avenue
S� Paul, MN 55104
Phone: {612) 645 9481
Fax: (6i2) 645-0944
1285 Nininger Rd., Ste.104
Hastings, MN 55033
Phone: (612) 437-2488
Fau:{612)645-�944
Cuyuna Regional�Medical Center
320 East Main Street
Crosby, MN 56441
Phone:(612)645-9481
Fax: (612j 645-0944
DEAR SZRS:
DATE: FEBRUARY 22, 2000
T0: ` C /`�
FROM: DAN ROWE, CPO
RE: PROPOSED LUBAVITCH SCHOOL
I OWN PROPERTY AT 2032 MARSHALI AVENUE. THIS ISSUE IS
IMPORTANT TO ME BECAUSE MY PROPERTY HAS BEEN SEVERLY
DAMAGED BY THE LUBAVITCH STUDENTS. THE LUBAVITCH PEOPLE
HAVE CO23SISTENTLY FOR 3 YEARS VIOLATED MY RIGHTS AND
THE RIGHTS OF THE COMMIJNITY.
I AM CONCERt3ED ABOUT CONTZNUED ARROGANT VIOI.ATION OF THE
COMMIJNITY'S, CZTY, STATE, AND FEDERAL REGt1LATI0NS AND LAWS.
I AM CONCERNED WITH THE SAFTEY OF MY NEIGHBORS AND THE
PROPERTY OF THE PUBLIC AT LARGE.
I AM CONCERNED ABOUT THE CONTINUED PROPERTY DAMAGE TO MY
PROPERTY AND THAT OF MY NEIGHBORS AI3D THAT OF THE PUBLIC.
I FEEL THIS IS DUE TO TAE LACK OF ACTION BY THE CITY TO
ENFORCE THE LAWS AND ftEGULATIONS AT THE EXPENSE OF THE
CO2�iUNITY.
I BELIEVE THAT ACTIONS OF THE LUBAVITCA SCHOOL FOR THE
PAST 3 YEARS HAS CLEARLY DEMONSTRATED THAT THEY HAVE NO
RESPECT FOR PROPERTY AND TAE RIGHTS OF OTHERS, ESPECIALLY
MERRIAM PARK.
A GOOD SOLIITION WOULD BE THE LUBAVITCH SCHOOL BE GIVEN
30 DAYS TO VACATE 225 N. WZLDER, ST. PAUL, MN. 55104,
AND THAT ALL THE LAWS AND REGULATIONS BE STRICTLY
ENFORCED IMMEUTA2ELY.
DAN ROWE, CP
�''/.� � ,. ..'"L_
A Qivision of ACTRA Rehabilitation Associates, Inc.
v�
From: Steve Zaccard
To: Council; susan.kimberly@ci.stpaul.mn.us
Date: 7/11/00 9:31AM
Subject: 225 Wilder St. N., Lubavitch Yeshiva of Minnesota
City Councilmembers:
At your July 5, 2000 meeting the City Council requested a written report "outlining the problems
associated with this property" (Agenda Item #28). This should provide basic information on the property
located at 225 Wilder St. N. The two buildings at this address are occupied by the Lubavitch Yeshiva of
Minnesota, a residential boys school for Rabbinical studies.
The issues of improper zoning, fire and housing code violations, exceeding allowabie occupancy and
failure to obtain a Certificate of Occupancy have now exceeded an eighteen month span of time. During
this time fire department inspectors have worked with Rabbi Nachman Wilhelm in an attempt to gain
compliance and provide a safe living and learning environment for the students.
These efforts have not been successful primarily due to the neglect and disregard of the process by
Rabbi WiYnelm. Most recentiy, Rabbi Wilhelm applied for a zoning "determination of similar use". This
application was denied by the Planning Commission and upon appeal was granted by the City Council.
Subsequently, a"team inspection" was conducted of the iwo buildings by fire department inspectors on
May 18, 200�. This inspection produced a correction list which totaled fifty-one code violations on the
main building and an additional fourteen code violations on the smaller building.
A re-inspection on these orders was due on June 23, 2000. After an unsuccessful attempt to conduct
the re-inspection (no-show by Rabbi Wilhelm), the re-inspection was completed on July 5, 2000. The
result of that re-inspection revealed that of the fifty-one code violations found on the main building only two
had been corrected. These corrections were very minor in nature such as the replacement of the
hoUcold water knobs on the bath tub. In the smaller building the resuits were similar. Of the fourteen
code violations only one had been corrected, which was placing address numbers on the building. In
addition, at the time of the Juiy 5, re-inspection, an additional eight code violation orders were issued as
the building has deteriorated even more since the initial May 18 inspection, including a large portion of the
living room ceiling having collapsed because someone had removed a hand sink upstairs without turning
off the water.
At the time of the July 5 re-inspection, the students were no longer in residence due to summer break.
Rabbi Wilhelm was advised that the property was in such a state of disrepair that it was unfit and unsafe
to reoccupy that the property was to be vacated and not reoccupied for any purpose without full
compliance and the approval of fire prevention. Written orders were issued by Inspector Phil Owens to
confirm this conversation. Property Code Enforcement was notified of the violations in the two buildings
on the property and was requested to open a ciass 2 registered vacant building file. �ire prevention wili
re-inspect in 15 days to insure that the buildings are vacant and secured against treaspass.
It is clear at this time that in spite of the extensive efforts of the inspectors and the lienient time frames
provided, Rabbi Wilhelm either can not or will not comply with the correction orders issued against the
property and that the former single family dwelling is most likely unsuited for use as a residential boys
school. Detailed violation information is available in the property file. If you have any questions, please
call Fire Marshal Steve Zaccard at 228-6201. Thank you.
CC: Fuller, Tim; Olding, Gary; Owens, Phil; Strathman, Gerry; Zaccard, Steve