The URL can be used to link to this page

275315 WHITE - CITV CLERK 1 PINK - FINANCE GITY OF INT PAUL COl1I1C11 qrA°j CANARV�- DEPARTMENT File NO. ��/�/�� BLUyE - M�VOR � � • , GLnCP, Ordinance N O. t `�1�� U (> i Presented By Referred To Committee: Date Out of Committee By Date An Ordinance amending Chapter 60 of the St. Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof. WHEREAS, Pursuant to Minnesota Statutes, §462. 357 and �64.210 of the Legislative Code, Michael Yovicson duly petitioned to re- zone except the east 46.1 feet, Lots 1 and 2, Block 131, West St. Paul Proper, located at 30 W. Baker Street and 654 Hall Avenue from RT-1 to RM-2 for the purpose of rehabilitating the existing building into eight one-room apartment units, the petition having been certified by the Department of Finance and Management Services on April 11, 1980 as having been consented to by at least 67� of the owners of the area of the property to be rezoned, and further, . having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year preceding the date of the petition; and WHEREAS, The current planning committee on May l, 1980 con- ducted a public hearing for the purpose of considering the rezoning petition, and, pursuant to Section 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and WHEREAS, The Planning Commission considered the rezoning , petition at its meeting held on May 9, 1980 and recommended that the City Council approve the petition; and WHEREAS, Notice of a public hearing before the City Council on the said rezoning petition was duly published in the ofticial . COUIVCILMEN Requested by Department of: Yeas Nays In Favor Against BY Form Approved by ity rney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by ayor or Submission to Council . By By WH17E - CITV CLERK CO11IIC11 L*l �e➢�� PINK - FINANCE GITY � OF SAINT PAUL 1 ,1 CANARV - DEPARTMENT- rw r ��L�� BLU,� s- M�AYOR Flle 1\0. / /�/,� �/' 0 rdin�cnce Ordinance N 0. I U1l(J�b Presented By Referred To Committee: Date Out of Committee By Date Page 2. newspaper of the City on June 14, 1980 and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, A public hearing before the City Council, having been conducted on June 26, 1980 where all interested persons were heard, and the Council having considered all the facts and recommendations concerning the petition; now, therefore, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul, Sheet No. 37, as incorporated by reference in Section 60. 401 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That property located at 30 W. Baker Street and 654 Hall Avenue, being more particularly described as except the east 46.1 feet, Lots 1 and 2, Block 131, West St. Paul Proper, be and is hereby rezoned from RT-1 to RM-2. Section 2. �. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. COUIVCILMEN Yeas Nays Requested by Department of: Hunt �evine In Favor --•Mhaddex— McMahon _� Against BY Showalter Tedesco Wi� on 19g4 Form Approved by C' y ttor Adopted by C'�ouncil: Date �'r7 � Certified a y Council retar BY By � Approved by or: Da Approved by May for Submission to Council By BY �. 6 � =�t��.��x�;n AUG _ �� ,��_ �. � CITY OF SAINT PAUL <�4` ; e � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � uuitun . • m� �tu � �� o "'�%, DIVISION OF PLANNING +�s• 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-4151 MAYOR June 20, 1980 � ,� ! �� ',�.�'.� Rose Mix, City Clerk Room 386 City Hall Saint Paul , Minnesota 55102 RE: Zoning File No. 8635 - Michael Yovicson City Council Hearing : June 26, 1980 Dear Madam: This letter is written in response to the petition of Michael Yovicson to rezone property at 654 Hall and 30 W. Baker from RT-1 (Two-Family Residential ) to RM-3 (High Rise, High Density Residential ) in order to rehabilitate and add on to the existing building, making available six 2-bedroom apartments , four 1-bedroom apartments, and 1 small office. Zoning staff advised Mr. Yovicson, prior to consideration of the rezoning request by the Current Planning and Zoning Corrmittee of the Planning Corr�nission , that RM-3 zoning is not appropriate for this site. RM-3 is specifically a hi�h-rise zoning, with 50' setback requirements, intended for high traffic areas near major shopping centers and expressways. Staff advised that RM-2 (Medium Density Multi- Family) is more appropriate for the site and that he could go ahead with his plans for the building under RM-2 zoning with a density variance; similar density variances had been granted in the past. On May 1 , 1980, the Current Planning and Zoning Committee conducted a public hearing on this case, at which time the applicant requested an RM-2 zoning. There was no opposition present at the hearing. The Committee recommended approval of the rezoning to RM-2 on a vote of 6 to 0. The Planning Commission considered the Current Planning and Zoning Committee's recornrnendation on May 9, 1980, and approved the rezoning from RT-1 to RM-2 on a vote of 13 to 0. On May 13, 1980, the Board of Zoning Appeals considered Mr. Yovicson's request for a density variance. Mr. Jerome Segal , Assistant City Attorney, based on a recent State Supreme Court decision and his investigation of Minnesota Statutes , informed the Board that it lacked the authority to grant density variances. The Board requested a formal legal opinion be prepared for their May 27 meeting, and moved to lay the variance request over to that date. With the issuance of the formal legal opinion on May 27 , the applicant withdrew his variance request. Mr. Yovicson, the applicant, and Mr. Rick Beeson, Project Manager from the Renewal Division of P.E.D. , have since determined that rehabilitation of the building under the restrictions of RM-2, without a density variance, is feasible. They �O �� Rose Mix -2- June 20, 1980 have agreed, with zoning staff, to support a rezoning to RM-2 for the purpose of rehabilitating the building into 8 1-bedroom apartment units. This matter is scheduled to be heard by the City Council on June 26, 1980. Sincerely, Allan L. Torstenson City Planner ALT/cc Enc. f 1. . s � �I . . � V L; � l PETITION TO AMEND ZONING CODE % �� ` CITY OF ST. PAUL, MINNESOTA �--- � �U TO THE HONOftABLE MAYOR AND CITY COUNCIL DAT�-� 19 �� c/o City Clerk, Room 386 City Hall —' St. Paul, Minnesota 55102 Pursuant to Section 64.210 of the St: Paul Zoning Ordinance and Section 462.357 (5) of the Minnesota Statutes, ��C/�f��` � -f ��'j�'��the owner of all of � , the land proposed for rezoning, hereby petitions your Honorable Body to rezone the following described property: Street Address:��L��,� �Q �(�� v� /'�l��,� 5��Q', Legal Description: / /��,1� RT o` �d�S �7F'� LO C �3/ QS� �� l Er� � �N Lt/�s� � F ��e G�.s� �6. / �� ieReoF �c�2o,� o �� P�a � T�►v��o� oN F/� �N T!►� 4�� r C��N� �' A�►s��y �,�a�-y �.N�; -- -- from a ��- � District to a � i�� District for the purpose of ��j�� q��G ,e�� jL�✓� ��Q � � � - .�z �� ,t- � / - a��G�r ,o�e ��,�,�� L L � . ..� �� c��r/A // �l/C�ic� � //►�C'-/O�/� �- • ,/ �' �/�Q ,..ye � �1 p t, l/� Subscribed and sworn to By: I`, before this �- day of 19� Title: 1Z Petitioner Notary Pu lic � : �.,,,� ;,,y,,: cs�Zazon c�inc�s ;,�_..;:.,::, � Nor�er c-uauc—na,rrf�esor� ��` RAk{S£Y CCUtdiY My commission expires Dec. il, 1985 � �� Page 1 of '�t ." � CONSENT OF ADJOINING PROPER,TY OWNEItS TO REZONING �'`:'��°� �,'~� �,� f ��=�.� .:.. :� � ` We, the undersigned, owners of property within 100 feet of the total contiguous descriptions of real estate owned by Petitioner or sold by Petitioner within one,year preceding the date of this petition, acknowledge that we have been furnished with the following: 1. A copy of the Petition of ��/G��E?.� � y�Jl.�lc�� . 2. A copy of Sections � O�[,�6 � through (o . �`�`� , inclusive, of the St. Paul Ordinance; and acknowledge that we are aware of the uses permitted under a /Q� - �� District zoning classification; and hereby consent to the rezoning of the property described in the Petition of /GfJ��L f� (J 1�1��iu to a ��~-� District. RECORD OWNER SIGNAT RE LOT BLOCK ADDITION � � ,� n/ /�I��;� J` :� � . -�- i z2 l . s . a�C ,�P�z . ` ��,v �. �n�LLS ,. ` � �. " ,' � ^ � � m �'��l � ,� �.� �� / � ,,,-_ �, , �;l �f DAm 1•1/. Se�iA,�F�2 /4 1�1 �� U / .L Q��Nl,1 �G�j,�lF�R o�-,-�_a� � i� �i �l , � �i��2L�s l�.�E,�sEa � w6� �� vsA N �. �E�S� ro �� , /1�F L vi,�/ —��' oL/l e,ER � s (o� � � I '� Q r`/� �lZAee��• I��L�Me��K � ' '' �� ol � ,�, (.0/�'► ��P.n� �� a� r� �2e�iA � l.0 Q l�l >�� N . L�/ l�9D�1 m� E �� 9' /L iI �l �� c? � �As¢ � ��✓'�Jl� /�AR ir �✓mM �' - ;� � j,,� l I c�► ��8�� /I��sc� � (� �� /3,2 i) � o ��,� �en» /y/Ei✓s�::� .� � /�,2 » n �+ / / � lL '`�l�L/�lnl /� GUr�I�P.� . G, .� Gess %.3.� �l ' os " �o �v'l��eK C/. ci�Ae�� -7� ��,/,/ � /�� ±� �� eC�u D�'I. �En/ ,� � %� �'�3Z '� Petitions shall not be considered as officially filed with the city clerk until the lapse of 7 working days after a petition is received in the office of the city clerk. Any signator of any petition may withdraw his name therefrom by written request within that time. � Page 2 of �� . , . . . j � - ' ' CONSENT OF ADJOINING PROPERTY OWNER3 TO REZONING r� , We, the undersigned, owners of property within 100 feet of the total contiguous descriptions of real estate owned by Petitioner or sold by Petitioner within one.year preceding the date of this ` petition, aeknowledge that we have been furnished with the following: 1. A copy of the Petition of �/ �`/jA �.?L /� =�d 1//�'�-'-8� 2. A copy of Sections �d. �� through � � '7�� , inclusive, of the St. Paul Ordinance; and acknowledge that we are aware of the uses permitted under a /g /� �- .� District zoning classification; and hereby consent to the rezoning of the property described in the - Petition of `�/c"��',�.�I�-G � ��1i' i e.�=t;r+i to a J��'rI � Distriet. -------,-- RECORD OWNER SIGNATURE LOT BLOCK ADDITIQN , ,,,��'``` _ . � � . :�e�A�C ;�. ��'tr�,�, ��,� t� n,,�,��v��, �� 1.� ./ ` �,�� ,� ,, - �- : ..:.�.._....� , _ �` �.t�lqk' Lee a v��,N � �� f b�-t7/ �j !� ��/rrAS �. �EkV inl , �� , , /�� `l " t�nl�N �GR v'i� ,�,w, ( • . , r' (t . � 1�l�1�A�► �r. �' G� � .�-� �` /�� %� � �rL`e�,.7 ,L . G,��El � .� ., �,�� f /l'l��lveL �; /��,e,e e ° � ��' �� 1 '1` Q ��y /�Cv,R2� ' 7► � � �; � Jd�i N�a �tc'�el�o� �M/ s,' � ij , ��v �/yl��;�F��a 6�� .� �� I��r � �A.S E E'.�s' �� P� , �� p��r'nA f.��►-�E� � � ;� r�'� �,�... ',-�-;�'�ni��. <j' a' ,w�`°�l� , ` �� d� `/ \�`�_�� , — - . � __ . ,�1�@ Lo��e ,Po�o � ' �� . i�...r.�-,�--� �` ,� _ �/ �1,Q ' �i/. /� K EM�/� �� l��l� nJ 6�. �Q�2.n,ru2 � v r ,� !l /I ' ��✓��d �'. I aMM :� � r� � �� r �� Am� ,, •t �� etitions shall not be consi red as of icially filed with the city elerk until the lapse of 7 work�ng days after a petition is received in the office of the city clerk. Any signator of arry petition may withdraw his name therefrom by written request within that time. Page.�of � � "°""'� �� CITY OF SAtNT PAUL `..i`°�.vr ��.��.>' . ;w I�^, ♦ i'• _; , af: DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT ��-,� ui�i�mu ,� �: m11I11W ^c DtVISION OF PLANNING �r� ��""�m�;� 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE I,ATIMER 612-298-4151 MAYOR , �� , �..�:.�� May 10, 1980 ) � Michael Yovicson 28 W. Baker Street . St. Paul , Minnesota 55107 RE: Zoning File No. 8635 Dear Mr. Yovicson: The Current Planning and Zoning Committee af the Planning Commission considered your petition to rezone from RT-1 (Two-Famiiy Residential District) to RM-2 (Medium-Density, Low-Rise Plultiple-Family Residential District) property at 654 Hall and 30 W. Baker (southeast corner Hall and ' Baker) in order to rehabilitate and add on to the existing vacant building. The Committee recommended approval of your petition on a 6 to 0 vote. The Planning Commission considered the Current Planning and Zoning Committee's recommendation on May 9, 1980, and approved your petition to rezone from RT-1 to RM-2 on a vote of 13 to 0. The City Council will schedule another public hearing on this matter and you will be notified of that hearing date. Sincerely, . � Allan L. Torstenson City Planner - ALT/ma cc: Rick Beeson, Project Management Ron Bloche, District 3 __ . . _ .. __ . . ..�� .�..,.... __ .. _ _ � . �. ST. PAUL PLANNING COMMISSION T0: Department of Finance and Management Services Division of Assessments and Valuations This is to announce that the St: Paul Planning Commission has acted on the matter described below and is prepared to submit its recommendations to a City Council public hearing. Date � May 12, i980 Zoning Fi1e number : 8627 � � - Applicant's nam� s Mlchael R. Yovicson address : 28 W, Baker, St. Paul , N�! 55107 Purpose : Rezone from RT-1 to RM-3 in order to rehabilitate and add an ta . existing building, making available six 2-bedroom apartments, four 1-bedroom apartments,-%and l small office. Location : 654 Ha11 or 30 W. Baker (SE corner Ha11 and Baker} Legal description : Lot 1 , B1ock 131 West St. Paut Proper In addition, please include the following interested parties; � District 3 REQUEST FOR COUNCIL HEARING _ _. _ �_..___.. _ _ � __ . _ .__ _ .._. .. _. ...._ _...... _ _ ._. . . _,: _ .__ ..T__..�_�.�:._�. . � �. - ROLL C�LL VOTE - PLAMNING COhiMISSiON DATE .5 I��cQO -r �s� � � s �o gco ?�- $�og gc� af �s � 3 � 1 2 3 4 5 6 YES NO A* YES NO A* YES NO' A* YES NO A* YES NO A* YES NO * ANOERSON ✓ ✓ ✓ ✓ ✓ ARMSTEAO ✓ ,/ ✓ ✓ ✓ BRYAN ✓ ✓ `� `� '� COCHRANE '� `� '� '� * FITzGIBBON '� '� `� � GRAIS � HANGGI ✓ ✓ 'f ✓ HUBER HYOUKE ✓ ✓ ✓ '� '� '� � �aur�s ✓ ✓ ✓ ✓ ✓ :-- J ✓ LANEGRAN � ✓ ✓ LEVY ✓ ✓ � f ✓ "� McDO►��LL �PlELSO!d ✓ � ' ✓ ✓ - � . . .._� . , �� PANGAL SCHMIDT .i ✓ '� ✓ � SU��ih1ERS TAYLOR '� '� '� � '� '� TOBLER VAN HOEF � D ;� ,� ..} � TOTALS /3 (3 f; (� �3 13 Moti on 1 �.� �,�,,,�, _ �CQn,� Moti on � � - Moti on 2 �. ,�,,,,_ _ �,,.�, — � �yloti on 5 _ ' - .�.,... , P�totion 3 ' • ,�� ;�„�,,,�� . ��otion 6 ° — ��'��If!_.A. . U ... ..... .. . . . ..,...�,..� ..,. ...... ........�.... ._, . ..� t�.: .. .' .... . .... � ..� ... . ,__.�� ....�._. .��-.� .-_.. ..��.. ... . , , . ... ,. .. � . . ...-�.. ...�-�rw -... .... ...._, .... . . ,. ._. .�.. ....� ........ .� . �*^�.�^;�...�.... .....�� 7� � - . � . .. � 1 MINUTES OF THE CURRENT PLANNING AND ZONING COMMITTEE MEETING IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA, ON MAY 1 , 1980 PRESENT: Mmes. Karns and Sui�ners; Messrs. Armstead, Levy and Pangal of the Current Planning and Zoning Committee; Mr. Jerome Segal , ASsistant City Attorney; Ms. Lane of the Division of Housing and Building Code Enforcement; Ms. Beseman and Mr. Torstenson of the Planning ; Division Staff. ABSENT: Messrs. Hanggi and Lanegran. , � The meeting was chaii,ed by James Bryan, Chairman. MICHAEL R. YOUICSON (#8635) : An application for a rezoning from RT-1 to RM-2 on property ocate at 6�4 Hall and 30 W. Baker. The appljcant was present. There was no opposition present at the hearing. Mr: Torstenson showed °slides o�' the site and reviewed tris staff report wittr a � ' T'�" recommend�tion for approval of the rezoning. He commented that he had oriqinally rgcommended RM-3 based on the density restriction and to avoid having to go through a density variance. Since then, Mr. Warn indicated that it was inappropriate and they should request a RM-2 and go with the variance. The appl�cant agreed to this. Mike YoVicson, 28 W. Baker, stated that he lives next to the property in question and plarts to stay there and manage the building personally. He said the plans call for the required number of off-street parking spaces, which he intends to provide. Ronald Block, 696 Oakdale, stated that he works for the 4Jest Side Citizens ' Organization and that the Board members could not attend the meeting and he was speaking on their behalf. They are in 5upport of the project, Tt will increase the tax base and add to the badly needed residential units. He said Mr. Yovlcson will be taking a building that is vacant, an eyesore to the neigh- borhood and potential fire hazard and turn. i,t.into a moderr�,. compatible apartment building. . Hearing no futher testimony, Mr. Bryan closed the public hearing portion of the meeting. Mr. Pangal made a motion to reocmmend to the Planning Cor�nission approval of the rezoning. Mr. Armstead seconded the motion. The motion passed on a rolt call vote of 6 to 0. Submitted b,y: ApproYed by: • - _i"�� _,__ Allan L Torstenson Ja s Bryan, Cha ' a� _. _.,.._ . . . . .. , __ ._.,, ._..,_�.,�. * . . �� WEST SII�E CI7['IZENS oAG � ION �=t- `�. ._ -:�� June 10, 1980 . ' , _:�,. =�: . i.._ 3t. Paul City Council Members . 15 West Kellogg Boulevard St. Paul, Minnesota 55102 .�.. f � Dear City Council Members: � West Side Citizens Organization (WSCO), wishes to bring to your . attention a problem that a local developer and WSCO member is having. Mike Yovicson has some great plans for a battered building at 30 W. Baker Street and 654 Hall Avenue (one si.te). - _ He lives right behind the site on Baker Street aad has taken the time to talk to and secure the signatures of aIl the other sur- rounding property owners (petition on file - zoning file no 8635- Yovicson). Ae has come to WSCO with his plans and has gained our support. The site in que�tion has been vacant and vandalized far over two years, an eyesore and potential fire hazzard. Mr. Yovi.cson plans to turn it into clean, modern apartments and one office all with o£f street parking provided. He has worked closelp with city staff on this project and has followed staff's ad�ice and here is where the problem has arisen. Zoning for the site is currently Rt.I. � According to the number of rooms Mr. Yovicson has planned he thought he would request rezoning to RM - 3. City staff advised him not to , seek RM - 3, but rather to petition the City for an RM - 2 zoning wi.th a density variance. Mr. Yovicson did petition for an RM - 2 zoning with a variance and things proceeded smoothly until Tuesday, May 13, 1980 at a hearing before the City of St. Paul Board of Zoning Appeals where the Board was advised by lega]. council that they could • not grant a density va�iance. Wt�at is rir. Yovicson �t� do? He -seems r to have two choices. One is to have his p2ans scaled down and redrawn at additional expense to fit into the RM - 2 zoning that he is likely to he gta,n�ed soan. A second choice is to now ask for an RM - 3 zoning, which City staff have already told him they will�.oppoae. WSCO would like to let you know that whichever of these choices rir. Yovicson makes he has our full support. His project will not only clean up a corner on the West Side but will add nuch needed rental units and increase the City's tax base. It's too bad that the City ripped out so many buildings on the tdest Side in the HRA heyday and has only recently come to realize the need and high cost of building anew_ We all need Mr. Yovicson and others like him whose efforts, step by step, are the real backbone to building a better West Side and a better St_ Paul. Sincerely, ��^`d��.(� � � Peg Foster, President West Side Citizens Organization cc: Mike Yovicson Zoning Staff � _ . �� ,,_._.. .... _: _ . ._ _ . � ..._ . , WEST SIDE CI7C'IZENS � - OAG ION May 27, 1980 Citq of Saint Paul � � _ Board of Zoning Appeals � City Hall � 15 W. Kellogg Blvd. � St. Paul, MN 55102 Dear Board Members: West Side Citizens Organization (WSCO) has been. following the "progress" of one of its members, Mike Yovicson, through the zoning appeals process. WSCO authorized a statement of support on the zoning variance and it was read before the current planning and zoning committee of the Saint Paul Planning Commission at its public hearing on Thursday, May 1, 1980. We were much dismayed at finding out that the matter had been postponed by the Board of Zoning Appeals at its May 13, 1980 hea.ring due to an unex- pected legal question. So the WSCO executive committee has again directed the reiteration of WSCO's continued support of this project to the Board of Zoning Appeals today. It would be nice if every project planned for our neighborhood had the kind of thought and care behind it Iike this one does. Perhaps it's because Mr. Yovicson is a concerned neighbor that this project has gained the support of all the surrounding property � -� _ x • o-�aners, as witnessed by •the pet�tion, and ttie- neighborhotsd uxgani- ° zation at large. The building site in question has been -vacant and vandalized for over two years now, an eyesore and potential fire hazzard. Mr. Yovicson proposes to turn it into clean modern apartments and one office. He has worked closely from the onset with city staff on this project and has followed staff's advice. It seems an undue burden to change the rules so late in the game. The West Side needs this project and hopes there are more Mr. Yovicson's around to cheat the wrecking ball. It's too bad the city ripped out so much housing stock on the West Side in the glorious HRA days and has only now come to realize the need and high cost of building anew. . �o _._ _... _ - _ �..___..r.., _ ,_._ . __ __..... __.. .... ,._ �._ ,�. _ _. _......�..,._�.,__ ,�_. ...... ....._..__._._.._.. _ � - 2 - Don't throw hurdles in our developer's way, but rather its time to roll out the red carpet for Mr. Yovicson and other`s like him whose efforts step by step are the real backbone to building a better West Side and a better St. Paul. � ---, Thank you. Sincerely, �/ � r ��L� �:�"� � . � • Peg' oster President . West Side Citizens Organization PF:ml � _ ._._,.f,,_ _ __ :_.. __._ _ _ _.�._ ... �..... .. .. . _. .. ...,�._ . ...._ - __ _...___ _.,_. ._,_. __ . ,�... _.,� _. � . �, _ �. � � 5 3i � � MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA, MAY 27, 1980 PRESENT: Mmes. Morton and Summers; Messrs. Grais, Kirk, Parrish, Peterson; and Woods of the Board of Zoning Appeals; Mr. Jerome Segal , Assistant City Attorney; Ms. Lane of the Division of Housing and Building Code Enforcement; Ms. Beseman, Mr. Bunnell , Mr. Jung and Mr. Torstenson of the �lanning Division Staff. ABSENT: None The meeting was chaired by Gladys Morton, Chairman. MICHAEL YOVICSON #8b35): A request for variance of density requirements in or�er to reTi-a6i itate and add on to an_existing vacant building located at 654 Hall and 30 W. Baker. Mr. Segal reported that this matter was laid over from the r��eeting on May 13, 1980 at the request of the appellant. The appellant is in the process of having the property rezoned to RM-2, and wanted to wait until the legal opinion was issued regarding density variances to decide whett�er �he still needed a variance or whether he was going to change his rezoning request to a RM-3. Michael Yovicson, appellant, asked the City Attorney how far he could pursue ~� this matter. - Mr. Segal responded that if he still wanted to pursue this on a RM-2 zoning, he would need a variance but that he would be advising the Board and the City Council that they could not grant this variance because it would constitute a use variance. The property is currently zoned RT-1 and the appellant may wish to wait until the rezoning has been completed. If he finds that he needs moi�� rooms than permi tted i n the RM-�4 d�i stri ct, he ma�� want to consic�er fi��ng : a petition to rezone to a RM-3. Mr. Segal said that it was his opinion that the Board could not grant the variance request if the property were rezoned to RM-2. Mr. Yovicson said he would withdraw his request for variance until the rezoning was completed. Ron Bloche, 696 Oakdale, presented a letter to the Board which stated that the West Side Citizen's Organization has been following the progress of Mr. Yovicson's rezoning petition and supports his request for a zoning variance. Hearing no further testimony, Ms. Mortion closed the public hearing partion of the meeting. Submitted by: App�oved by: ; � �l � 1 - (�,Q�G-- �j ,-� ,/:'�L G1�. 0 /'C� / ..J Allan L. o stenson Gladys Morton, Chairman _ ,. ,_ .-- z_ __ ,. __ ...�_ , �.. _ _....�,. .__. �:. � _ \ � -� � � ,�'�{•' . � . . . `"'+i.:�:�: . �^'-.._. �---- CITY OF SAINT PAUL � � -� � ��, INTERDEPARTMENTAL MEMORANDUM - DATE: May 14, 1980 T0: Jerry Segal , Assistant City Attorney FROM: Edward �. Warn, Principal Planner SUBJECT: Density Variance: Legal �Opinion y The Board of Zoning Appeals, at their May 13 meeting, requested that you give a wr�itten legal opinion relating to their authority in granting variances of density requirements in Section 61 .t01 , notes to 61 .101(f}. Your verbal statements on this subject, at their May 13 meeting, and several current zoning cases form the basis for the Board's request. Will you please have the written opinion available for the Board`s next meeting_ on May 27? Thank you. � EJW/cc cc: James Be11us, Planning Administrator Gladys Morton, Chair, Board of Zoning Appeals _ . _._ , . ... _ _ _ __.. .__._ � . ._�__.._..,. ,. _ ,._ _ �... ,.._.>..__ _.._.�., ....^:.__ n._ ��.� s. MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA, MAY 13, 1980 PRESENT: Mmes. Morton and Summers; Messrs., Grais, Kirk, Parrish, Peterson and Woods of the Board of Zoning Appeals; Mr. Jerome Segal , Assistant City Attorney; Ms. Lane of the Division of Housing and Buildin� Code Enforcement; Ms. Beseman, Mr. Bunnell , Mr. 3ung and Mr. Torstenson of the Planning Division Staff. ABSENT: 0 ' The meeting was chaired by Gladys Morton, Chairman, MICHAEL R. YOUICSON (#8635) : A variance request of RM-2 density requirements in order to re abi itate and add on to an existing vacant buildi�g located at 654 Hall and 30 W. Baker. The appellant was present. Mr. S2ga1 commen�ed that this property k�as in the process of being rezoned to RM-2 as indicated in the staff report. Under the RM-2 zoning, if it were rezoned, they would be permitted to have only 17 rooms. The appellant is requesting a variance to allow them to have 28 rooms. If the property were zoned RM-3, they would be able to have 28 rooms without a variance. He stated that the state law prohibits any variances from zoning ordinances which would be a use variance. The language of the statute is that the Board of Appeals may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the effected persons land is located. This language is also contained in Section 64.205 of the Zoning Ordinance. It was his opinion that to grant a variance allowing more rooms than what is permitted in the RM-2 zone, would in fact constitute allowing the use of land that is not permitted and would be a use variance. Mr. Torstenson stated that because of past density var�'�nces gran�ed, when the appellant asked for staff's advice as to what would be the appropriate zoning � district, it was recorr�nended that he attempt to have it rezoned to RM-2 and then get a density variance. In this case he felt there was a special hardship on the appellant because of the late date of finding this information out. Ms. Morton commented that if the Board were to grant this variance, they would be in violation of the law. Mr. Segal reported that the rezoning has not been heard by the City Council and there would still be time for the appellant to get a consent petition in order to have the City Council consider rezoning to RM-3. He said it may be a hardship but did not feel that it was the type of hardship that wouZd negate the problems created because of limitations of the law. Mr. Parrish made a motion to lay this matter over until May 27. 1980 pending a formal opinion from the City Attorney. Ms. Summers seconded the motion. The motion passed on a unanimous voice vote. Submitted by: Approved by: n ��i'.- •i., ��G V / �� .. � ^��/�� ,/_—� Al1an . Tor t son , � Gladys Morton, Chairman ... �. _ . . _. . _ _ _ _... . _ . _ � . ,... � _ . . _... .�..,, .�,.. ._.�.__. . . � �� 8627 ZONING STAFF REPORT 8593 ,4 1 � APPLICANT: MICHAEL R. YOVICSON � DATE OF HEARING May 1 , 1980 ,_ . . . . . . . . . . . . . . CLASSIFICATION . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS • Rezoning � Variance ❑ Special Condition Use ❑ Administrative Review ❑ Determination of Similar Use ❑ Other • CJ Change of Nonconforming Use ❑ Other ❑ 3 LOCATION: 654 Hall and 30 W. Baker (Southeast corner Nall and Baker). 4 LEGAL DESCRIPTION: That part of Lots 1 & 2, Block 131 , West St. Paul Proper lying West of of the East 46.1 feet thereof. . � � PRESENT ZONING: RT-1 ZONING CODE REFERE��CE: Section 64.210 and 60.451 . 5 STAFF INVESTIGATION & REPORT: DATE R 'ril 94, 1qR� BY A71an �, Tnrc�pnsnn , ------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------ ?,. SUFFICIENCY: The application was filed on a consent petition subscribed and sworn to before a notary public on March 24, 1980; declared sufficient b,y the Finance Department on April 11 , 1984; and received in the Planning Office on April 21 , 1980. Eighteen parcels were eligible, twelve parcels were needed, and seventeen were obtained. The purpose of the�rezoning from RT-1 (Two-Family Residential District) to RM-2 (Medium-Density, Low-Rise Multiple-Family Residential Dsitrict) was stated on the petition as: rehabilitate , _ _ present �structure to six 2-bedroom and four 1-bedroom apartments, plus one smalY office incidential to the principal use. B. FRONTAGE & AREA: This corner site is composed of parts of 2 lots, with a 100 foot frontage on Hall and a 106 foot frontage on Baker, for a total area of 10,600 sq. ft. . C. SITE/AREA CONDITIONS: The site is occupied b,y a 3-story wood frame building set at-grade . on the north and west property lines. The part of the site not occupied b,y the building i.s level and about 6 feet above-grade. Single family home�..and duplexes abut the site. There are RM-2 Multiple-Family Districts half a block west�and two blocks south of the site. Humbolt High School is one block east of the site, and there is a Community Business District one block to the east. D. HISTORY: On March 6, 1980 the Current Planning and Zoning Committee considered the ap—�ant's request for a Change in Nonconforming Use. Because of the proposed eniarge- ment of the building, and because nonconforming use of the building was not in existence when �ne 1975 Zoniny Ordinance went into effect, zt was �determined the structure� is not eligible for a Change in Nonconforming Use. It was recommended that the applicant withdraw his petition and seek a rezoning. A motion was made to lay the Change in Nonconforming Use request over until April 3, and passed on. a voice vote. The applicant withdrew his request on March 27, 1980. E. FINDI�JGS: 1 . Building Department records indicate subject structure was built in 1884 as a store - and dwelling. � ; _ 1 � , �� S ��; '; MICHAEL R. YOVICSON �#8635� PRGE 2 E. FINDINGS CONT'0. 8. The 1955 Polk Directory indicates 8 apartments and one grocery store in the building. City Assessor's records show 5 residential units in the building. 9. The building was constructed prior to 1922, and was a legal use up to that date. 10. The parcel to be rezoned meets the minimum lot area requirements for an RM-2 district of 10,000 sq. ft. 11 . There is a large RM-2 district half a block west of the site, along Stryker, as well as one 2 blocks south. There is a Community Business District along Stryker, and Stryker is a major bus route. Uses permitted under the proposed rezoning are not substantially d�fferent from the nature of the prevailing uses in the surrounding area, and would not result in disharmony. 12. The proposed rezoning would all�ow a density of 17 rooms on the property, the equivalent of one 1-bedroom plus five 2-bedroom apartments. A density variance of 11 rooms would be required for the proposed rehabilitation, even after the rezoning. 13. Without a rezoning there would be no reasonable or economic use for the structure. _ _ -. �� _ �_ : - - . ��,. ._.t _ ,,.,....4 .:,,:.- _,��_� _.a. �� .�..:,. 14. Retaining and rehabilitating the structure would help preserve the character of the neighborhood and is in keeping with the housing policy and energy goals of the city. It would be benefic`ial to the surrounding corrr�nnuni�y, and -� ' -`" ' -� —rr6t-merefip�-to reliev� a small tract of restrictians applying generally in the area as a whole. 15. There is area enough on the site for the number of off-street parking spaces required by the proposed rehabilitation. F. STAFF RECOMMENDATION: Based on firrdings 6, 7, and`10 through 15 above, staff recommends approval of the rezoning. , , z �_ . , . . . . .. .. . , a . � :_ . _ — y vt . . _ . . . . : ..�/. �. . �'; . R1 - .. :. .:� .._ ..� . . . . - s• y..+ :1. ! y',. ;�Jo 1 i2o ., s..� .. �J� - _._.. ,.--�-�- _.__.__ _.__r� � _ . - � S- ., _ . �� /�Y�.�'� . A:v,E. � � � °�� J� � ° 4� �- , � �„ . , � ~� . - . . . . .. .. .. y �---- 50 0 . • �a � `P� �„o ..� � • S 65� 62$ ` � �1 v� � ^ � y . - � � s � �f Nw � _ r � ' `"° ^ '. � � :b � � ` � � v° o �u w Rr�� ° �ry �A 'Zs � ° � ��- r ' ' _— ' �, � -� � � , w ��I c� � . - . .. . .r . . , a7S3 � �� CtTY OE SAINT PAUL DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES . DIVISt(3N OF ASS�SSMENTS AND VALUATIONS . April 11, 1980 ; To the Council City of St. Paul I have checked the attached petition of Michael Yovicson filed in the matter of rezoning, Except the east 46.1 feet; Lots 1 and 2, Block 131, West St. Paul Proper, frmn an RT-1 district to an RM-3 district, and find. that said petition is sufficient. � Yours very truly, , � � � Bern3rd J. Carlson - Director J Re: X2511 , cc: Building Department Zoning Board File Parcels Eligible 18 Parcels needed 12 � Parcels signed 17 Telephone612/298-5317 286 City Hatl, Saint PaulsMinnesota 55102 , i _ _ .. _ _ .... .. ._ .y.. . _ _ _ � . _ _ _. _. �.�_.., �..__,.. . � , .._._.._ __._ ...,..�_ _ . , _ . : __ � �_ � � � � � �� I_ � �� I ��:�� I� � I � �� I�� .I _;��fi� �_�C��-�.� �� : � _.� � ��. � � ��_ �. " � FROM �'HE OFFICE OF �-� S�� ' , - PAUY.. R. 1VIcLAGAN & SON , � �/i�L+tt��CH�� 23)Dakua Avcnue WES"f S7.PAt/L.MINN SSIIB Minneso[a Rrgisccred l.�nd Survcyors ` Q� ��L� 1 Hereby Certify tFat this piat shows << survey made by me of the prol�- ' erty described on this plat, and that the corners are correetly placed as shown. �� and that all lceations, encroachments, etc., have been correctly shown. � Michael R. Y.dvicaon. ...............� � � �� WAYNE McLAGAN, Consultsnt Surusyed For �atc Me.rch.. 27.r.... .28� 1978......_ .............. .._.. __. . ... ..... . . ............ � '� � {,� Qn } .. ..__._.._ .�2 - ^ ---�- y �� r i . . M!N'.KEG.N4 35 9 .JCQi6 .. ..................� . iR'�F�............w7Y......�...Pw�r.1�.................................. . G{/� DESCRIPTION That part of Lots 1 and 2, Block 131, West St. Cou��plat� lyi:,,�, �at of the eaet 46.1 feet thereof, according tbereof on file in the office of the County Recorder, Ramaey County, Miarveso��. � - .:� . . _� _ . _.....,�, � indicatea iron - � � • �,-.-- _ _— --__ � - ------ — "_ � , . 'o.. . . . , j�a..�C-�F�,- �x ST � . �sn Cp��} _�� ... /SP./ �MEAS�" - - /o�.a - - 4�•� � � - _ ___ . . � . �pd ' ' A�'3� ( � 1 J STO R Y r ' ! � FR,AM� 9t..�G• � w : � � a p - _ _ _ _ — _.._ _ � _ — _ _. — rt-- o _ _ _ -- - -- - — ; ' � -� I . . � . i � �=- - r � � , � '� � oL. a _ _ _44/_ --.� � - - . �S 2./ (�vlt�A�.�- � �soCPt.�r3 , � . � r � � � - — 9 � � ' � � '-� �e �... j � � p.s.q � � f > ., S ' • �- � -� - .R - cn � . � - . .a o �- �t o �g� � � 6 o ST�V�t�S �ST. E. 19 I 2 � -�} -O- � . r�� • O � - -� � fi . � _ _- o � ° ---° - ° � O � 0 Recfory . - - � .� o Q p.S.C� � o K 1N-� S T'. E. , o � � o o �r�.� � � � _ A ———� '�c1"-- V- O ,1 � V _ --- S2 _ ��- - - - - -- -a- -- � __. O r O - O O Q _ ,? O - - 2' O . p O ELl 8 H I-- --' S . E . � - � o � o o _ o o a " B�°T ^"�" _ � _ _ _Q a- g-��► _� �. _t- - - - o _ F� -� - _-o o � � -- o 0 0. _ o � ti� - - � `� o � -o- - � . R1�� ST. E. - � _ -U-� o _ eR ., o _ O �) ° o -�' , � . ,___ _ _ - - _ . c-� � a -O- O _ -O� ,_.;- _ , O -a- : O � �� Q � ,�. _ _ O •' r � � �. � � c� E• � o v c - �� aG �� i-� �-- - -�� - O � ( � � � ♦ O /� � � ( .� � � � -4�-1- J -- - O � Q --- - ..�.. _ . .,___ _ �..,. � _ � .a � : , � , a � , . _ .. C � � � � i i ' � _ . t! PR�� ' � ° �" � �.. E.�:� ��=' _° �� o o �/� :.3 � :,. .� � � �^1 X t � � t`,.. �.y�1 V' � �� ,� \\( ] '�� b 't��•� `i.� �' � � v � 0 �� j� �� '�� i O � �� `,vi �:r �"✓ "� �... - � O �'r �' � Z '�� ———� O. � !, � j4r � �. rGf: O 4 ^� ^`^ � ['l i _.r1_ _t'1. 21 _ ."__ _. c. . • , .' -^- AREA MAP � APPLlCANT MICHAEL R Yov�csoN LEGEND + -- ZONING DISTRICT BOUNDARY � SUB�lECT PROPERTY PURPOSE Density Variance to Allow Rehab O ONE FAMILY PI.ANNfNG and Addition � Dt5TRICT FILE N0. 8635 TWO FAMILY � DATE May 13, 1�80 '�� "�"� MULTIPLE FAMtLY • • n COMMERCIAL . SCALE : 1��= 200�� NORTH � �'` �NDUSTRIAL .M 37 NO. SAINT PAUL PLANNING BOARO V VACANT , _ _ _._. _,..._ ��_ . . ..__.. ..__.�._.,.._ :. u - ..., : _ _ . .� � � .- ...�'. - � �, , �>„ . �� ` -. �-� . . � .. ,� � � ,`C.. f , > > � �d ��La� . CITY OF ST. PAUL � � ��Q y DEPARTMENT OF FINANCE AND MANAGEMENT SERViCES 0 ASSESSMENT DIVISION Z i H CITY HALL ST.PAUL,MINNESOTA 55102 ��,Tune 6, 1980 ��:_;: �,,,��,.,�_;..� File X 2511 page Zoning File 8627 The Council of the City of St. Paul will hold a public hearing in the Council Chambers of the City Hall and Court House (third floor) at 10:00 A.M. on June 26, 1980 on the: Petition of Michael R. Yovicson to rezone from an RT-1 district (two-family residential) to an RM-3 district (high rise, high density residential) the property at 30 W. Baker Street and 654 Hall Avenue�. This property is located on the southeasterly;.corner of Hall Avenue and Baker Street and is legally described as: except the east 46.1 feet; lots 1 and 2, Block 131; West St. Paul proper. At the Planning Co�nission hearing, Mr.. YoqiCSOn requested an RM-2 zoning (medium density multi-family) for the pur.pose of rehabilitating the existing build�ng into 8-one bedroom apartment units. The Planning Commission has reeoaanended approval of the rezoning to an RM-2 classification. If you would like further information about this hearing, contact the Current Planning Section of the Planning Board, Room 1202 City Hall Annex -- 298-,4154. While the City Charter requires that we notify you of the hearing, we want to help you to learn fully about any improvement that could affect you or your cummunity. Therefore, I sincerely hope you can attend this hearing, so that you can make your views about it known to the City Council, whether for or against. J. WILLIAM DONOVAN VALUATION AND ASSESSMENT ENGINEBR ��Q�� {�� -��.�. . Y} Y� "�o«ro p�,�.: :�; : A ` �(61oL��1 r ,r', t.� : ede L��ai e �::-�} be.�eeide�i�isK ° > 1 l�rer ir.Ki4e�.;�ip,�. ' Lw l i�1��i�iid�, ,. � � '��' � �;at�•ta.iit tf�'be's �, k�� ', p b�t�,�`� . �.��. ��I melili�� ''� � �' �� ;:.s�d'�: �a�-,�z� �� r ��. .�,. ; 1 i � .. /� �_ „� � �, �� i l s t �,' �� ! 2nd ' �`�` /. 3rd �/; i � Adopted � i'�., ' � ' � . , Yeas Nays HUNT LEVINE � - . McMAHON �� ;��^,,�'��r�..t. SHOWALTER � TEDESCO WILSOPl � PRESIDENT (MADDOX) �