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00-948CouncilFile# OC�9`'1� oRi��a� Presented Referred To Green Sheet # � O(o O O �7 Committee: Date 2 Whereas, Saint Paul's Outreach, zoning file no.00-132-464 and pursuant to Legislative 3 Code § 64300(g), made application to the Saint Paul Planning Commission (hereinafter the 4 "Commission") for a similar use determination for property located at 1977 Grand Avenue and 5 legally described as noted in zoning file no. 00-132-464; and 7 Whereas, the Commission's Zoning Committee conducted a public hearing on July 20, 8 2000 after having provided notice to affected properry owners and submitted its recommendation 9 to the Commission. On July 28, 2000, the Commission granted the application based upon 10 findings and conclusions which were reduced to a writing in Commission Resolution no. 00-49 11 and dated July 28, 2000 and which is attached hereto and incorporated herein by reference; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Whereas, pursuant to the provisions of Legislative Code § 64.206, Larry Starns duly filed with the City Clerk an appeal from the determination made by the Commission and requested a hearing before the City Council for the purpose of considering the actions taken by the said Commission; and Whereas, the City Council, acting pursuant to Legislative Code §§ 64.206 - 64.208, and upon notice to affected parties, conducted a public hearing on September 6, 2000 where all interested parties were given an opportunity to be heard and where, at the conclusion of the testimony, the matter was laid over for the purpose of gaining additional information from the ciTy attomey's office; and Whereas, on September 13, 2000, having received additional information from the city attorney's office, 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 Comxnission, the Council, does hereby Resolve, that the decision of the Commission in tlus matter is hereby reversed based on the following: The Commission ened in finding that this use is similaz to a"convent " The Commission's premise was based on fmding that the use was a"lay religious community" because its participants adhered to a prescribed framework of religious and life style standazds under the guidance and control of an oversight ministry that was sanctioned by the archbishop. These facts do not warrant a determination that Saint Paul's Outreach is similar to a convent. RESOLUTION CITY OF SAINT PAUL, MINNESOTA oa_qyr 0 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. The facts support a conclusion that the use is a`Yeligious retreat" T'he testimony shows that Saint Paul's Outreach is associated with the Archdiocese and that it e�sts under the authority of the Archbishop. Written materials subxnitted by Saint Paul Outreach's specifically state that it is a lay society with a commihnent to furthering the mission of the Catholic Church. However, it is significant that participants in the program are lay people. Program participants aze not clergy who have taken vows and who traditionally would live in monasteries or convents. In addition, program participants aze not seminarians. Participation in the program is an avocation and not a vocation. Because the program participants do not take vows but do otherwise participate in a program which offers an ordered lifestyle of prayer, study and fellowship with other persons similarly situated and is reco° ;'ed by an organized chutch, this use is factually more in keeping with a "religious retreat " 3. The Plauuing Commission also ened by not evaluating the use as a religious retreat under the special condirion use permit in procedures in Legislative Code § 64.300(d). And Be It Further Resolved, that the appeal of Larry Starns is hereby granted; And Be It Further Resolved, pursuant to Legislative Code § 64.207 that the application of Saint Paul's Outreach be returned to the Planning Commission with directions to prepare a new application to consider this use as a"religious retreaY' permitted subject to the provisions of Legislative Code § 64300 (d). And Be It Finally Resolved, that the City Clerk sha11 mail a copy of this resolution to Larry Starns, Saint Paul's Outreach, the Zoning Administrator and the Planning Commission. ORl�INAL Requested by Department of: By: Form Approved by City Attorney $ q ��cw�- �1 2�'�Oo Approved by Mayor for Submission to Council � �� a _ - '- ' �� _�� _ / . ��fj/ �� i_f�l �: Adopted by Council: Date �� S.'11� t Adoption Certified by Council Secretary oo-q�{p' Peter Wamer 266-8710 �T BE ON COUNCIL AGENpA BY (DA7� October 11, 2000 - Consent ��,.�:. � TOTAL # OF SIGNATUR$ PAGES GREEN SHEET cF�Y�IBIf Y�IiCfan No 106070 e,vem.c.. ❑ CJfYAi�M1EY ❑ CRYCtifl[ _ ❑ wwWa�ane�eFaauu. ❑ wuulcumm�xro ❑wvo��aiwwrurt� ❑ (CLP ALL LOCATIONS FOR SIGNATURE) Memorializing City Council acfion taken September 13, 2000, granting the appeal of Larry Stams to a decision of the Plauning Commission allowing a determination of similar use for a private association of Christian faithful housing up to seven unrelated adults at 1977 Grand Avenue. (Public hearing held September 13, 2000) PLANNING COMMISSION CIB COMMITfEE CIVIL SERVICE COMMISSION � IF Hesmu r+�aw�mm� e�e.wo�a u�Wer a w�va�+ra mis aepsnmenn VES NO tlae tlds P�� ever been a dty emdoY�� YES , NO Ooec th's pwsaJfirm pwseca a sldll not nameliyposeesaetl by any arreM clty employee') YES NO Is Mia pasdJlrtne terpBteE vendoR YES NO Yein atl vec anwre�a m aeoaiate sheet end aCaeh b nreen sheef COSTrttEVENUE BUWiETED (CIiiCLE ONE� ACTM7Y NW WER YEE NO ✓ CITY OF SAINT PAUL Norm Colemnn, Mayor September 29, 2000 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Appeal of Larry Starns (Saint Paul's Outreach) Zoning File No. 00-132-464 City Council Action Date: September 13, 2000 Deaz Nancy: OFFICE OF THE CITY ATTORNEY Clayton M. Robinson, Jn, City Attorney Q Q .. q f� �/ Civit Division 400 Ciry Hall Telephone: 651266-8770 15 West Kellogg Blvd. FacsimiLe: 65l 298-5619 Saint Paut, Minnuota 55102 Attached please find the signed original resolution memorializing the Council's decision to grant the appeal of Larry Starns in the above referenced matter. Please place this resolution on the Council's Consent Agenda at your eazliest convenience. If you have any questions, please don't hesitate to contact me. Very truly yours, .,��G✓G�� Peter W. Warner Assistant City Attorney PWW/rmb Enclosure ca Jay Benanav, Councilmember DEPARI'MENT OF PLANNING & ECONOMIC DEVELOPMENI' O� —g�{ 8� � C;ITY OF S�NT PAUL Norm Coleman, Mayor August 22, 2000 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Divis�an ofPlannmg 25 WestFourth Street SaintPaul, MN55102 Telephone: 612-2666565 Facsimrle: 612-22&3314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday September 6, 2000 for the purpose of considering Larry Starn's appeal of a Plamiing Commission decision allowing a detennn�ation of similar use for a private association of Christian faithful housing up to 7 unrelated adults. Applicant: File Number: Purpose: Address: Legal Description of Properiy: Previous Action: Larry Starns #00-140-435 Appeal of a Planniiig Commission decision allowing a detemunation of sunilar use for a private association of Christian faithful housing up to 7 unrelated adults. 1977 Grand Avenue. See file. Planning Commission Recommendation: Approval, vote: Unanimous, July 28, 2000. Zoning Committee Recommendation: Approval, vote: 4-1, July 20, 2000. My understanding is that you will publish noUce of the hearing in the Saint Paul Legal Ledger. Please ca11 me at 266-6559 if yau haue any questions. Sincerely, �ame�� Cltj' P]8llriei cc: File #00-140-435 Paul Dubnuel Cazol Martineau Peter Wamer . ��,.. ' � MOTiCE OF PUBLIC HEARiNG .Ttre Saint Pavl Qty Council tvfIl con- duct- a public hearing on Wednesday, September 6, 2000, at 5:30 p.m: in the City� Covncil Chambers, 1Rird Floor City Hall, 15 WesY Kellogg Boulevard, Saint Panl, MN, fo �consider #he appeal of Larry STazns .to_a decision of the Planning Commission ailowing a detP of sim7l��u nse for _a private association, of ChrLStian faiThful honsing up to seven ('n unrelated adults at 1977 Grand Avenue. Dated: August 25, 2000 - NANCYANDERSON - ' - Ass�lstanY LSty Cbcvtc�l Secretarg ` (Aagtist _____ ST. PADL 7F.(iAI. I�DC�R.- = - Q2011538 . � � � DEP.4R'IMEN'C OF PLA\?lI�G & ECONOMIC DEVELOPMENT AINT •AUL � AAAA G`ITY OF SA�]T PAUL Norm Coleman, Mayor August 23, 2000 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning Pile #00-140-435 Lazry Stams Division afPtam+ing 15 WestFourth Sneet SaintPau{MIv SSIO2 Oo �5�t�' TeZephone: 61 b26G 6565 Facsim:le: 612-22$-3314 Ciry Council Hearing: September 6, 2000, 5:34 p.m. to 6:30 p.m., City Council Chambers puroose: Appeal a planning commission decision approving a detennination of similaz use for a private association of Christian faathful housing up to 7 unrelated aduits at 1977 Crrand Avenue. PlanninQ Commission Recommendation: Approve, vote: Unanimous. • ZoninQ Committee Recommendation: Approve vote: 4-l. Staff Recommendation: Approve. Public Hearui¢ Testimonv: Supnort None. O000sition: Two residents spoke against the detemunation of similaz use. District Council: The Macalester Groveland Communiry Council recommended approval of the determination of similar use. Dear Ms. Anderson: • Tlris appeal is scheduled to be heard by the CiTy Council on September 6, 2000. Please notify me (266- 6�59) if any membex of the City Council wishes to have slides of the site presented at the public hearing. Si �� .c�ilYL Crty Plann cc City Council members . � . a-�� APPLICATION FOR APPEAL • '�� +1 '�{ Depanment of Planning and Etonomic Dwelopment `� J� Zoning Section �� iI DO City Hall Annex 25 i3'est Founh Sireer Saint Paul, MN SSIO2 166-6589 APPELLANT Address �9�0 �StitMM� R �E�1G/E� City �.��v1L St/hn/Zip S�S/oj'Daytime phone l� 7Z5�/ PROPERTY Zoning Fite LOCATION . , , ., TYPE OF APPEAL: Appiication is hereby made for an appeal to the: �' Board of Zoning Appeais �ty Council � under the provisions of Chapter 64, Section �G , Pa�agraph � of the Gode, to appeai a decision made by the �GA-r✓�� orriMSYf��/ r on �Gl�-J ?�, , � (dafe of de isio� number: d0 --- /3L.�� GROUNDS FOR APPEAL: Expfain why you feet there has been an error in any requirement, permit, decision or refusal made by an administrative o�cial, or an error in fact, procedure or finding made by the Board of Zoning Appeais or the Pfanning Commission. • -- ,�L��.' .�- � � Cl.i/��v% ,j — �J �L � Atfach adddional shest if necessary) AppficanYs / � Date �� U�City agent � V �( �, � � 1 � `�� tARRY D. STARNS ♦�♦ '1950 Starenit A�enue � Saiirt P�l, NFnn�da SStOS1460 Hortte Phone (651) 69�729� � Em�l I.dst�rs@�nrorldnd.alY.r� August 16, 2000 City Council of Saint Paul C/o Department of Planning and Economic Development Zoning Section 1100 City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 Re: Saint Paul's Outreach Application for Determination of Similaz Use File No. 00-132-464 Pernut Issuance / Mailing Date: August 4, 2000 Dear Sir or Madame: Please find enclosed a completed Application for Appeal to the City Council of the Decision of the Planning Commission together with attachments in the above-referenced matter. I am aiso submitting a check in the amount of $150 for the filing fee and am servin$ a copy on the Applicant this date by first-class U.S. Mail. Thank you for considering my appeal. Very truly yours, � ��'� Enclosures c.c. 7ohn Rodriguez, Applicant Rev. Harry 7. Flynn Kathie Tarnowski �� _q�tY � (Attachment to Application For Appeal of Larry Starns — August 16, 2000) � APPLICATION FOR A.PPEAL OF PLANNING COMMISSION DECISION Jurisdicteon: Zoning Code Chapter 64, Section 206, Paragraph (a) Venue: Ciry Council Decision Date: Tuiy 28, 2000 Permit Mailing Date: August 4, 2000 File Number: 00-132-464 Grounds for Appeal: 1. Eaor in facts and findings in the determination that the AppIicanYs use is similaz to a convent based upon staff intetpretation of an earlier similar use deternunation in Planning Commission File Number 92-59. � 2. Error in facts and findings in the determination that the Applicant's status is similaz to that of a permitted use, a"convent." 3. Esor in facts and findings in failure to properly enforce the Code by failing to characterize the use as constituting a violation pursuant to Section 64.502, a misdemeanor. 4. Error in facts and findings in failure to find the existing violating use to be a pnblic nuisance per se pursuant to Section 64.503 and ordering proper sanctions in lieu of condon'ng the violation of the Code by issuing a permit, thus setting a dangerous precedent for future Code violations. 5. Eaor in facts and findings in violating the irnent and gurpose of the Code; including, but aot limited to, failing to: promote the general welfzre of the community, provide convenient access to properly, promote conservation of property values, prevent harmful encroachment by incompatble uses, avoid undue congestion of population, establish a reasonable standard to wluch uses shalI conform and provide penalties for violations ofihe provisions of the Code as required by Section 6Q.102, subparts <i), (5),(�, ('�, (9), (10) and (15). • 8o-q�tY • Page 2 6. Eaor in facts and findings in failing to give due consideration ofthe conteat ofthe collective, contemporaneous proposed wning changes in the same residential community in violation of Code Section 60.101(�. 7. Eaor in facts and findings in failing to properly consider the precedential effect of the pernutted ciassification on the tax base of the City and the resultant negative incremental impact on existing properry taapayers in the City, present and future, m violation of Code Section 60.101(1). Finding of Determination of Similar Use The Planning Commission has erred in its determination of similar use by improperiy comparing the Applicant's current use to an earlier use which more closely resembles that of a permitted use: a convent. Standing on its own, irrespective of Archdiocese support, the Applicant's use is not similaz to a convent, and thus is not a pernutted use. • � 1. Lack of Similarity to Use Permitted in File l�iumber 92-59 As the record reveals (see Finding number 1 paragraph 4 of Council Resolution in File #92-1832, received by Zoning on 12-22-92 and attached to current Zoning Committee Staff Report in File 00-132-464), the eazlier use that was determined to be similaz to that of a convent (and thus deemed permitted under the Code) was based upon facts and fmdings materially different than those in the present Application. The previous Council decision found that the unrelated individuals consisted of persons who were to be sub,}ect to the following extensive, restrictive material characteristics: 1. "Archbishop Roach expects to issue a formal decree recognizing the applicant as a public association of the Archdiocese within several weeks ... under the authority of the Archbishop," 2. "are expected to become diocesan priests . .. The first xnember will be ordained as a priest in two years and the remaining five will be ordained over the neat five years." 3. "range in age from 24 to 37, and 4. "This pazticular location is desired by the applicant so that members can walk to the seminary."(Emphasis added) Cleazly, the degree of commitment of the applicants as well as the Archdiocese, together with recognition by formal decree, the direct supervision, proximity and direct association with the church were material factors in the case of the Companions of Christ in sharp contrast to the formation group currently requestina status as a convent. In contrast, in the current Pianning Commission Resolution, it is stated: "The organization is fornnally recognized and operates under the ecclesiastical vigitance of the � Archbishop of Saint Paui and Minneapolis." (Emphasis Added) FinaAy, in the case of the Companions of Christ credib$ity was boLstered by the fact that they requested City Page 3 • authority priar to closing on the property. In the case of the present Applicants, the iliegal use has eausted for over three years. 2. Similarity to a Convent As stated in the record, this proceeding invoIves Planniug Commission reviewing the statas of an entity called a"formation household," not a convent. A convent is defiaed by the previous Councii decision at finding 3, paragraph A. as "A community, especially of nuns, bound by vows to a religious life under a superior." (Emphasis added) The definition cited aLso refers to "a candidate or novice." The findings ofthe Councii in 1992 aLso included the following guidance: "the proposed �tue is associated with ihe Archdiocese and under the authority of the archbishop; individual members may become associated with particular churches following ordination. "(Emphasis added) Cleazly, the earlier finding of similarity to a convent was cazefuIly and accurately based upon material facts not found in the current App&cants' con&guration as a mere affiliate of the Church. The current Resolution also bolsters ttus interpretation by quoting a definition of convent that states: "a local community or house of a religious order or congregation, " implying a distinction with the lay community members of Saint Paul's Outreach. Furthermore, it is interesting to note that while the present Resolution distinguishes these • forn�ation houses from monasteries due to the fact that "its residents aze not living under strict religious vows, "(Emphasis added} nevertheless those vows aze an integral and essential part of a nun's life commitment and status, and so of a convent. While the individuals who wish to live together may possess genuine commitment to Christ and the Church in their hearts, they cleazly do ttot qualify as a convent and are not entitted to benefit from its special statvs given their lack of forma� coaunitment to and oversight by the Archdiocese. Irrespective ofthe Archbishop's ecclesiastical and personal support of this group, they nevertheless are not yet under his ecclesiastical authority because there aze no enforceable bonds or vows upon wIucfi to establish standards of conduct and sanctions as with the clergy and nuns. It is interesting to note that while in a conciusory manner the Archbishop states that "The formation households that Saint PauPs Outreach sponsors aze simiIar in kind to religious houses of formation, uovitiates, and convents," in fact, he indicates that this is merely a "Lay ministry," clearly demarcating it as a goup of secular individuals and not the ministry. He also states "Many young people have moved on from Saint Paul's Outreach formation households to enter formal religious orders and priesthood. " (See Ietter from tiie Archdiocese of Saint Paul and Minneapolis dated 7uly 17, 2000) (Emphasis added)_ As noted by Margazet DiBlasio in her letter with faY date of 7uly 26, 2000 and addressed to the Planning Commission, there is a connection between the special status given the clergy and convents by virtue of their direct oversight by the Church and its canonical � � _q�tY • Page 4 laws. This forms the basis for allowing groups of unrelated individuaLs whom otherwise might not follow the community morals to live in close association with traditional families. 3. Misdemeanor Violation Section 64.502 (Violations) ofthe Code specifically states that "Any person, firm or corporation vio2ating any of the provisions of this code sha11 be guilry of a misdemeanor. " It is clear from the facts in the zecord that this Application resulted from the Planning Commission's decision to invite the Applicant to avoid penalties by filing for a"Detemvnation of Similaz Use." The Commission has failed to enforce the law as stated in the Code, its first charge, and instead bas preemptively attempted to ratify an existing violation in derogation of that responsibility. This all occurred without notice to the neighbors affected until the context of ratification was in place, a violation of due process for those in oppositioa 4. Nuisanceperse • Section 64.503 (Public Nuisance) of the Code specifically states tt�at "any use of premises or land which is begun or changed subsequent to the time of adoption of this code and in violation of any provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction." The Applicant's current use constitutes a nuisance per se hased upon the facts in the record. It is a violation of the Commission's duty to enforce the Code to condone such a use by ratifying it through a"Determination of Similar Use" after the fact and in the face of neighborhood protest. This is a violation of the due process rights of the other neighbors who, by virtue of the after-the-fact reclassification, will be unable to prevent enforcement of the law so as to avoid continuing efforts to use preemptive tactics and City grocedures to reclassify the uses and wning classifications they rely upon at the time they make the commitment to purchase properties and pay City and County taxes and assessments. 5. Intent and Purpose of the Code The Code is the law of City development and use. It should be enforced, albeit with some just�able exceptions that are cIearly articulated, understood and fairly meted out, when to do so is in the interest of the community. The use being proposed for rat�cation by the Applicants is clearly not within the zone of exceptions allowed by the Code and wiil be an unfair and unreasonable imgosition on the neighborhood as it will weaken the exceptions allowed for unrelated adult occupancy of single family dwellings, the � predominate use of this portion of Grand Avenue and abuning Summit and Lincoln Avenues. The record reflects (most notably in the comments of Alyssa Rebensdorf sent to the Commission via e-maii dated Ju1y 28, 2Q00) the likely effects of continued Page 5 • use by the Applicant. Additionally, as ahsentee laadlords acquire more single family residences, such as with the Applicant, a"domino effecY' will begin to transpire. Houses will cease to be inhabited by single families and the neighborhood will turn over to predominately commercial (rentaI) use. The Code's stated this process thwarts intent and purpose and the Planning Commission should exert e�rtreme vigilance in guarding flie e�cisting conforming uses. Clearly, added population created by these changes in usage of single family dwellings will not pmmote the welfare of our community, will restrict convenient access to our properties, will erode property values, wi11 constitute a hazmful encroachment by incompatible uses, witl constitute an undue congestion of population and wiIl consritute an unreasonable standard for conformance of uses and, finally, will obviate the purpose of penalties for failure to comply with the Code. 6. Contestual Anatysis / Cumulative Effects Presently, Planning Commission staff is being consulted by and is assisting three separate zoning reclassification requests within two blocks on Grand Avenue. These include the property at 1977 Grand, the Thomas Liquor Store (located at 194 t Grand) request to raze two residential dwellings located at Prior and Grand Avenues, and the University of Saint Thomas massive expansion project which, if approved, will consume two entffe blocks of Grand and Summit Avenues between Czetin and Cleveland Avenue. (See additional . attachments) To this appellant's knowledge two facts are common to all of these requests: 1. Property has been acquired prior to approval without notice to the commnn2ty, and 2. The City is reviewing these independently of one another without true °`pianning" analysis to detemvne whether the cumulative unpacts will pose more bazms than the proffered good being espoused by each individual applicant separately. Tfie scenario is exceedingly grave given the tikely negative impacts of each, let alone iheir combined effects, on what is presently a predominately single-family-dwelling community. Only the Planning Commission, with its abiIiry to focus on aU proposed uses, can observe such cumulative requests and impacts and give Lhem the proper scrutiny and analysis. Most property owners located within the wne of impact will likely be unawaze of these proposals and, even if so, incapable of defending lus or her interests in what has become an Applicant-friendly, front-end-loaded process lacking sufficient scope ofnotice to affected neighborhoods. By failing to bring proper contextual and cumulative impact analysis into the process, tke Commission has failed to obtain an adequate factual basis for and accurate assessment of the impacts of its decision. � � �a � • Page 6 7. Tas Base Erosion Of the three contemporaneous reclassification reqnests referenced earlier, two wilt take property off of the tax rolls. This is one of them For many years slow erosion of Saint Paul's t� base has been tatn� place, pazcel by pazceL How long can the Plznning Commission keeps allowing this before a crisis is at hand, both from the standpoint of sources of taxes as well as undue and unfair taxation of the remaining tax paying property owners? Is it not a central mission of any planning agency to pmmote the economic health of the community? In fact, is not the economic health of our community essential to the community's general welfare? � � � July 10, 2000 Dear l�ieighbors and Friends, I chose my salutation thoughtfully because it is the hope of the Thomas family that we aze not only neighbors but friends as we1L To eazn your respect and friendship it has always been the policy of our business to: 1) operate our business in the utmost respansible maaner, and 2) be sensitive to and respectfiil of our neighbors. As you undoubtedly know by now I am applying to the city to rezone the property across Prior to the west of my business. The purpose of the request to rezone firom resideniial to P1 is to fulfill a critical need for parking for my bvsiness and The neighborhood. I know that my plans k�ave been discussed among neighbors. I thought it would be appropriate to have a meeting to show you our pIan, exptain it, and ask for your input. The meeting witl be Monday, July 27 at 7:00 pm at our home at 2126 Iglehart. I would be happy to pmvide transportation for anyone in need of a ride. You can call me at the store (699-1860) or at home (644-6058). My guess is that the meeting will take less than one hour. Jim Thomas and family r yo s G;�� i�� t9-fl Grar:,� �ver.,:� - S�Er.; P!:.!. yt::ti:zsora 5�1c75 (G:') (>c;'_? :, �� A newsletter for neighbors af the University of St. Thomus �a =9�EY July 2000 Revised Plans for campus exPansion to be presented to task force flug. t; you're invited St. Thomas will present revised plans for iu Sununic Avenue expansion project to a Macalester-Groveland Community Council task force on Aug. 2. The 7 p.m. meecing will bc held in Rice-Olin Hall ac Macatescer College. Commenu will be accepced both from the general public and che task force, which indudes members of the communiry council's board and residenu who live on blocks �adjacent to the expansion area. Representacives of St. Thomas • . . : . . . . . . . . . . . . . . . . . . . . . • . ��j Bring che kids for free gony rides, face paincing and a clown balloon aztist! Let loose and ha�e fun Rain site: Nfurray-Herrick Campus Center and Opus Archicects & Engineers presented initial concept designs for tiie two-block azea bounded by Summic, Cleveland, Grand and Cretin avenues at a May I O task force meeting. Those designs envisioned five arademic buildings on Summic and a series of Grand apazcmenc and townhouse buildings for up to 500 students, faculry and staff. The designs also showed pazking under che rwo blocks for up to 2,000 cars> depending on rhe size of a ramp. Tazk force and public reaction to rhe designs was mostly negative at the meeting. People objecced co the pcojett's densiry — too many build- ings on Summit, coo many residen- tial uniu on Grand, too many vehicles on surrounding streeu and too many pedesaians crossing Summit. Sc. Thomas and Opus have spent the last two months revising the plans with a goal of reducing the Continued inside • ��e�� • • It�s Mardi �ras in Au9ust! . Join us for our annual Neighborfest celebration • . . 5:30-7:30 p.m. Thursdar,Au9 3 : on St. Thomas' Fotey Plaza ; Tap your toes to the Bourbon Boys ... : Get "fac" on Thursday wich free ice cream cones, cotcon candy, lemonade and popcorn ... ; $cay out of che ho� kitchen and let UST do the cookin' ... � � Available for purthasr. New Orleans-sryle chicken, • hot dogs, burgers, brats and che ever-popular pickles on a stick ... : . . . . . : : ... .� ...................................................... Revised plans feature fewer buildinqs, qrea�er setacks, more �reen space Conrinued from Page 1 urban universiry campuses across the ment worksheec review, afcer which � country," he said. "I am convinced Sc. Thomas will make additional projecc's densiry. The new plans will our plan wi]] reduce — noc encourage changes to che plan before submit- show fewer buildings, greater secbacks from all Four sueeu, fewer pazking spaces and more green space. The first phaze of che expazuion will deal only wich the block east of Finn Sueec. St. Thomas hopes to conscrucc cwo buildings on Summit, for undergraduate business and music educacion, az well as residen- cial unizs on Grand. Preliminary pazking plans call for up to G00 spaces on cwo underground levels, wich access from Cleveland and Finn: The Rev. Dennis Dease, presi- dent of St. Thomas, told che cask force in May that contrary to messages on signs in the neighbor- hood, the expansion projecc is an effon to limit "campus sprawl" by concentrating new buildings on che cwo blocks. He poinced oac chat rhe St. Pau! Ciry Council, in signing a 2990 _ Special Condition Use Permit with Sc. Thomas, acknowledged the universiry would continue to pur- chase properry in the two blocks. The city document also notes Sr. Thomaz' interest in redeveloping the two blocks because they aze a natural link between the main campus north of Summic and the former St. Paul Seminary caznpus. Dease also said he does noc expect the expansion projea will lead co significant enrollmenc increases, as some people fear. The project's primary purpose, he told che tazk force, "is co provide beaer facilities for programs thac today aze in substandard faciliLies and more housing and parkina on campus." "I have seen `campus sprawl' on — campus sprawl." St. Paul campus enrollment dropped chroughout the I990s as St. Thomas moved izs graduate programs in business, education and professional psychology to che Minneapolis campus. Overall enrollment in Sc. Paul hic a high of 8,712 scudenzs in 1991 and de- creazed 1G percenc, co 7>314 scu- dents, in 1999. Undergraduate - enrollment in St. PauI has been scable in that time — 5,132 in I991 and 5,153 in 1999. Sc. Thomas hopes co submic a_ preIiminary plan to che ciry chis fall. The ciry will hire a consuIcant to condua an environmencal assess- ting it to the ciry ne�ct year for . formal review. The St. Paul Planning Commis- sion must approve a new SCIJP, which escablishes heighu and setbacks for new construction> seu a cap on enrollment and decermines che number of required pazking spaces. The Sc. Paul HeriLage Preser- vauon Commission must approve requesu co raze buildings and to construcc new buildings on Summic because the avenue is in a historic distritt. Decisions by either commission can be appealed to the St. Paul Ciry Council. lohn Roach tenter for the Liberal flrts to 6e dedicated fept. t� � Aibercus Magnus Hall, which for hatf-century served the Universiry of St. Thomas as a center for science, has a new interior, a new purpose and a new name. The renovaced Summit Avenue landmark is now che John Roach Cenrer for the Liberal Ans. The center is named for Archbishop John R Roach, who retired from active miniscry in 1995 aEcer nearly 50 years of service co rhe church, including 20 years as archbishop and chairman of the St. Thomaz The $9•8 million reaovation projecc lefr the exterior of the Collegiace Gothic, Mankato stone scruaure only slighdy changed, but che incerior was gutted and rebuilc. Sc. Paul-based McCouah Conscruc- tion, which built Albertus Magnus Hall in 1947, began work on the renovation in July 1999 and finished ahead of schedule (and sliandy under budget) in May 2000. When che building opened 53 years ago it was hailed as one of the ueas leading science faciliues. Ic originally was named for St. Alben rhe Great, rhe "Universal Doccor" who was Sc. Thomas Aquinas' ceacher at Cologne and Pazis. Prior to the opening of Frey Science and Engineering Cencer � rhree years a�o, Albertus Magnus HaII was used primarily by the Continued on the next page boazd of truscees- � city of saint paul planning commission resolution file number o0-49 date 7-z ao—�� WHEREAS, Saint Paul's Outreach (File 00-132-464) has applied for a Determination of Similar Use £or a private association of Christian Faithful housing up to 8 unrelated adults for property at 1977 Grand Avenue, legally described as (see file); and WHEREAS, the Zoning Committee of the Planning Commission on 07/20/00 held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WFIEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee aC the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. Saint Paul's Outreach is a not-�or-profit 501(c)3 organization involved in the work of evangelization and ministry to university � students and young adults in the Twin Cities area. Tne organization is formally recognized by and operates under the ecclesiastical vigilance oE the Archbishop of Saint Pau1 and Minneagolis. An integral part o£ the organization's ministry is the formation of young adults through community livina in one of its five households, such as the one at 1977 Grand Avenue. These "formation houses" afford the men o- women in residence the opportunity to receive training in Christian living in the context of a supnortive environment that allows for pracer, study and fellowship. The formation houses are an example of the Catholic faith's increased emphasis on new organizational structux'es supgorting Che spirituality of lay people. The residents have a commoa pattern of life that includes prayer, Mass, meals, shared chores and other acti��ities. Each formation house has a house leader who provides adninistrative and pastoral leadership for the other residents. Acceptance into a formation house is based on a written application to Saint Paul's Outreach. Applicants are reauired to submit letters of recommendation and are interviewed by a pastoral team. Applicants are judged on their commitment to C'r.ristian life and their social skills. Current zesidents at 1977 Grand P.venue include students and working professionals. moved by Field seconded by in favor Unanimous � against The property at 1977 Grand is a four bedroom three bath bungalow. Off- street parking consists of a two bay garage, a one bay garage and three � spaces on a parking pad. 2. Residency in a dwelling unit is limited to one family. A family , is de£ined by the zoning code as a maximum of four unrelated adults. Tne code's definition of family, in its entirety, is: � "One or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereof) together with r_ot more than two (2} persons not so related, Iiving together in the whole or part of a dwelling comprising a singZe housekeeping unit. Eve= additional group of four (4) or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of this code." 3. The intent of the RM-2 Multiple-Family Residential District is "designed to provide for more extensive areas of multiple-family residential development as well as uses related to the multiple-family residential districts, or uses which serve one-family residential needs and require more extensive sites. The RM-2 District is further provided to permit comprehensive development of a multiple-family project so as to establish a balance of population concentration as related to major thoroughfares and transit, and related facilities." Permitted aad special condition uses in a RM-2 district include a11 permitted and special condition uses in R-1 through P.-4, RT-1, RT-2 and � RM-1 districts which would include convents, monasteries, rooming houses. Possible uses in the zoning code to which the proposed use might be similar include: y. The proposed use mignt be considered similar to a convent. "COnvents, rectories and parsonages, a11 when associated with a church, chapel, syazgogue, temple and other sirilar house of worship" are permitted uses in a RM-Z district. A convent is generally considered to be a nuns residence buL the term is occasionally applied to a group of religious men or priests. webster's New Collegiate Dictionary defines co^_vent as "a local community or house of a religious order or congregation; esp_ an establishment of nuns." While the applicart`s use does not reflect a traditional religious order, it does represe^t a 1ay religious community that operates under the guidance and control of an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed fra�ework of re2igious and lifestyle standards, and fosters those religious standards through an open communal living arra�genent. Tnese characteristics are similar to any male or female religious order within a convent living arrangemer_t. b. The proposed use r:ight be considered similar to a conaste-_y. "Monaster;es and religious retreats, all �vhea zssociated �:ith a � church, chapel, s-�agogue, temple and other si�ila- house of worship" are perr,:itted in a RM-2 district as a special co^dition � ,� - a�-4�Y � use; specific conditions are not listed. Webster's New Collegiate Dictionary defines monastery as "a house for persons living under religious vows; esp: an establishment for mon.ks�� The term "monastery" �mplies an isolated and somewhat self sufficient retreat. The proposed use is r.ot an isolated zetreat, its residents are not monks and iEs residents are not living under strict seligious vows. �. The px'onosed use might be considered similar to a rooming house, because it involves more than £our un=elated adults• However, a rooming house is generally open to members of the public, regardless of any group or religious affiliation, and does not involve a commitment to religious and communal life. Rooming houses are first permitted in a RM-1 district as a special condieion use. Applicable conditions are: 1. Minimum lot area of five thousand (5000) square feet be provided for the first two (2) guest rooms and one thousand (1000) square feet for each additional guest room. z. One off-street parking space for every two (2) facility residents. � 3, Permission for special condition use applies only as long as the number of residents is not increased and its licensing, purpose or location do not change ard other coaditions of the percnit are met. � 4. Section 64.300(g) of the zoning code states, "when a s�ecific use is not listed in the district the planning commission shall determine if a use is similar to other uses permiCted in each district. The planning commission shall make the following findings in determining whether one use is similar to another:" a. That the use 1s similar in character to one or mo-e of the principa2 uses permitted. The proposed use is similar to a convent. P�hi1e the applicant`s use does not reflect a traditional religious order, it does represent a lay religious community that operates under the guidance and control of an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed framework of religious and lifestyle standards, and fosters those religious standards through an open communal living azrangemer_t. These characteristics are similaz to any male or female religious order living within a convent. b. That the traffic gererated by such use is simi2ar to one or more of the principal uses nermitted. This finding is met. The traffic generated by the nroposed use is similar if not less than most uses in a RM-2 district. The trafiic 5 enerated by the "fo�'mation house" will consist of rzsid>_ntizl trips. The low tra-Lic volumes geaerated by the "formatior_ house" nake it � com:oarable to smaller scale apartment facil`_ties. c. That the use is not first permitted in a less restr=ctive zoning district. This finding is a£firmed. d. That the use is consistent with the comprefiensive plan_ This finding is met. The 1999 Land Use Plan, policy 5.1.1, - highlights the following urban village principle, "Good neighbozhoods have commercial, civic, and institutional activity embedded, not isolated in remote, single-use complexes." Therefore, Be It Resolved, based on findings 1 through 4, the Planning Commission approves the determination of similar use application for a private association of Christian faithful housing up to 7 unrelated adults at 1977 Grand Avenue with the condition that a minimum of 4 off-street parking spaces be provided on site. _ � • r� LJ Zoning Committee Minutes July 20, 2000 File #: 00-133-d64 Page 2 James Toscano, President of Summit Avenue Residential Preservation Association, appeared in opposition. He noted that St. Paui`s Outreach is a noncanforming use of the house. The house is in deteriorating condition. The garage is not used for parking, but rather for stnring a pooi tabie, weighf lifting set, and other miscellaneous artictes, so 3 cars are parked along the alley on their property, not in the garages. 'they have parties with family and friends coming to visit, He atso stated a precedent woufd be set because fhis is not a Catholic Convent; they don't take vows of obedience, chastity, and poverty; and some of the men work and contribute to the house and, do not minister to the students. The students who are working pay rent like a rooming house. This is a gathering of people living together to live according to a rufe; that is not an order however, because they don't take life-time vows. There may be other groups applying for Determinations of similar use under the pretense they are Christian fraternities. Edwin M. Nakasone, 1995 Grand Avenue, appeared and stated there is a parking probiem with S people living in the home and the garages not being used for parking. • Mr. Rodriguez appeared and stated 5 cars is the most they have had at one time. Right now � the men own 4 cars. Three are parked in the back, and one cac is parked '+n the street. They have never received a trash complaint. There are three large trash bins and one bin has 3 slots in it for recycling. There are family gatherings but they are quiet and not considered parties. � Currentiy among the 7 men living in the house, none of them are empioyed or students. One of them is a member of the staff, the other 6 men are participating in a program of fu!(-time formation that involves going through the catechism of the Catholic Church and engages them in youth activities at locations other than the property. After a compiaint two years ago, they will now hold substantiai gatherings af more appropriate off-site locations. At the question of Commissioner Field, Mr. DeMarais explained that in Catholic tradition formation houses are piaces where people live in a family type environment for a period of time in a focused way, growing in an understanding of their faith, and their ability to live out ffieir faith. There is an element in formation houses thaf has to do with vocational discernment with a fairly described pattern of family life with an orientation fowards growing and understanding their faifh in preparation for a vocation. Upon question of Commissioner Faricy, Mc. Ftodriguez stated the garages are usable and they have not used them for cars because there is sufficienf space for parking. They are pianning to take some of their storage ofF-site and use the garages for parking. Upon further question of Commissioner Field, Mr. Rodriguez stated they would be agreeable to using the garages for parking cars. The public hearing was closed. At the question of Commissioner Field, Mr. Torstenson stated that the Pianning Commission � may impose reasonable condition for a determination of similar use, but the City Attorney has advised that any such conditions shouid be in line or simifar to conditions already in place in the zoning distsict for similar uses. � MINUTES OF THE ZONING COMMITTEE Thursday, July 20, 2000 - 3:30 p.m. City Counci! Chambers, 3` Floor City Half and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Fietd, Kramer, Mardell and Morton Engh, Gervais Carol Martineau, Allan Torstenson, James Zdon of PED T'he meeting was cha+red by Commissioner Field. St Paui's Outreach - 00-133-464 - Determination of Similar Use for a private association of Christian faithful housing up to eight unrelated adults. 1977 Grand, beiween Prior and Cieveland. �D �qKY James Zdon showed slides and presented the staff report. Mr. Zdon stated they received a letter from District 14 in suppo�t of the application, and one letter from a residenf in opposition. The Zoning Staff recommends approvat of the Determination of S+milar Use. � In response to questions from Commissioner Faricy, Mr. Zdon stated St. Paul's Outreach has owned the building at 1977 Grand Avenue for approximately 2 years. The complainf initiated by Macatester Groveland Cammunity Council was a density issue artd was not reiated to behavior or property upkeep issues. John Rodriquez, Director of St Paui's Outreach, and Gordon DeMarais, Execu6ve Director of St. PauPs Outreacfi, appeared and passed out a letter of endorsement from Archbishop Narry Flyn�, and an overview of the household program. At the question of Commissioner Faricy, Mr. Rodriquez stated 7 men live in the house. He atso stated they have an informat association with the Companions of Christ. Marty of.the priests - that are Companions of Chrisf or the seminarians have at one fime or another been employees, worked in ministries, or lived in the formation houses prior to joining the seminary. They afso serve mass, hear confessions and provide pastoral guidance. Mr. DeMarais explained Companions of Christ originated from the St. Paul's Outreach Program and became a separate entity. Forty men and women who lived in their househo{ds have entered religious life. Upon further question of Commissioner Faricy, Mr. Rodrequez stated fhey have 5 househoids located in St. Paul and Minneapolis. This location is a base for the men in the household to do ministry work among students at the University of St. Thomas, University of Minnesota and other local co(leges. � Mr. DeMarais explained they wouid Iike to have 8 people living in the house but they would accept 7. If they had to abide by the definition of a single"family", they would have to seli the property because it wouldn't work for their program. dp.qKY � Zon'sng Committee Minutes Juty 20, 2000 . File #: 00-133-464 Page 3 Commissioner Faricy moved approval of fhe Determination of Similar Use apptiqfion for a privafe association of Chrisfian Faithful at 1977 with conditions that there be no more than 7 unrelated aduifs residing in fhe house and that a minimum of 4 off-street parking spaces be provided on site. Commissioner Kramer seconded it. Commissioner Mardeii stated he would vote againsf the motion based on precedent issues the well-articulated neighborhood opposition. Adopted Yeas -4 Drafted by: Nays -1 (Mardell) Submitted by: Approved by: Litton d Chai � c`� ��.a.�v Carol Martineau Recording Secretary rl � ain ames Z o Zoning ction • ., e f �.�.cs:"�� l�� w �Q —g�fY Je.sus Cl�rist is tl�e sanrc 7•esterda}5 tnda}' a�rd frn•erer "�r^ ia�s _'_ � " " _' '__'" _;"�..-. .T"'. _ Archdiocese of _ _ �_ ; �"�` �` '- � - ,.. *..•-�:�. •:�: Saint Paul and Minneapolis _.- -_. ;. ___. _ . . _ .. _�._�� =� -- . - 'i:3 s «,`.. Jul�� 17, 2000 To �Vhom It May Concern: :�� J� 2.; 2GOC 1`". ..:i� ..:'sr�?ii£I31'S`��° � I am zrriting to you on behalf of Saint Paul's Outreach. I am familiaz «ith Saint Paul's Outreach and the pro�rams of Christian formation they offer for Catholic university students and }�oung adults. Saint Paul Outreach is a Catholic Lay ministr� that serves youn� people in the Archdiocese of Saint Paul and Minneapolis : In recent years the Catholic Church has w�itnessed the increase of movements and associations initiated and organized by lay people an� dedicated to various forms of apostolate. In recognition and support of these movements, Canon La�v made provision for them in its most recent rzvised code (cf. Canons 29$-300; 321-329). Saint Paul's Outreach has sought the necessary approval of the Archdiocese and has been granted permission to operate as a Catholic organization. � The formation households that Saint Paul's Outreach sponsors arz similar in kind to reliaious houses of formation, novitiates, and con��ents. Many youna people have mo�•ed on from Saint Paul's Outreach formation households to enter formal reliaious orders and priesthood. A number of priests and seminarians in this Archdioczs: received initial formation in Saint Paul's Outreach sponsored households. T have extended not only ecclesiastical but also peronal support to Saint Paul's Outreach _ They are a��onderful contribution to both the local Church and the broader communit�'. . hope that you ��ill recognize their exceptional status and make nece�sarv pro��ision in housin� codes for them to continue. �i'ith every �ood �vish, I remain • Sincerely }�ours in Christ, --� �,�.�..� �� --��.�..... The Most Re�•erend Harr}� 3. Fl}•nn, DD Archbishop of Saint Paui and Minneapolis ht'I?Upl['�^�^::IWr:U�..rnlo;:!t_='�_i I:::!:?;:'!7JOCo: :_'6 \� v�::� :\��:! 1: I'�t!. \I��I�nl �i10_'-?I9� • l:�.IGi; • � . 'o` _"JU-1G'_i �-.r�. anF.C„ri"dr,'..�...ur_ SainY Panl's Outreach Household Program � An Oven•ie�t The follo�ving is intended to provide an overvie�v of the recruitment, apptic2tion, and commitment process for the SPO Househoid Pro�ram. Pre-Applicntivn Tfie staff of Saint �Paui's Outreach meet as pastoral teams (men's team and women's team) to consider those �vhom they would like to invite to consider appl}�ina for the Household pro�ram. Most of those under consideration will have had significant contact «ith SPO, such as participation in prayer meelinas, retreats, socials, etc., durin� the school year or during the surnmec (Summer Formation Program, Youn� Adult Summer Conference, etc.). Some witl have had ]ess contact but �vi(1 have expressed a strong desire to participate based on their o�vn personal circumstances and the reputation of our pro�rams. __The basic criteria for invitin� a person to apply are: a retationship �iith Jesus Christ, demonstrated by a commitment to Christian tife and practice; an understznding of the prac[ices and commitments of the Househoid pro�ram; and a desire to receive ongoinQ Christian formation in the context of a community liclna experience. Althou�h Saint Paul's Outreach is a Roman Catholic oraanization, garticipation in any of our proarams, includine Household, is opzn to other Ctuistians �vho share our ��sion of formation, communin�, and senice. � Application When zn individual is invited to apply (or requests the oppoRUnit} to apply), he or she is �i�'en an application �vhich helps the stzff �et a fulter understanding of w'r:e che applicant is and �vhv he or she would like to panicipate in the Household pro�m. Ques::o�s on the application cover the Qamut of basic personaI information (name, address, etc.) to ques:ioas relatin� to th� applicant's spirituaI life ane� practice. In addition, the applicant is asked to s:ek tt�'o references to attest to his or her capabili?g to live out the commitments of the prosrzm. When the agplication and reference materials are received, a supeziso�� staff member �vili review the application and svt up an time for an inten�ie«� «4th the zgp'.icant. The intenzecv serves a dua! purpose: first, as an oppoRUnity to Qet to know the applic2n; better on a mo;e personal basis, and second, as an opportunity to e:cplain further to the app!:canL the �oals, expectations, and commitments of the Household program and gau�e Iu_ or her understandina of the proaram. If the pastoral tezm deteanines that enou�h informatian has beea gathered to mal�e an acceptance decision the team meets to prz}• and detiberate to m2le a dzci>=on. Tf not enouah in.`ormation has been sz:F,ered. a second stz_ rrzember �vi11 con��et z fo!:'��.�-u? interview beiore the pastoral team makes a de:.ision. . b ��Y � r1n acceptance decision may take one of three forms: acceptance, nor-acceptance, or non- acceptance �vith a recommendation to re-apply at a later time. Criteria for non-acceptance may include, but are not limited to the follolving: personal immaturity, insufiicieat understanding of the program, lack of demonstrated commitment to the Christian life, ri�d dis�Keement with the_ basic tenets of Catholicism, and emotional or psycholoeical needs which aze incompatible �vith the demands of community Iiving or which the staff dee tr s ote n� for c enonal t and spin' adequately. Non-accepted candidates rvho sho�v a stron� p P �roc�th are normally encouraaed to apply again (usually in a year). Acceptance Applicants accepted into the program are sent a letter of accepiance and a form indicatm� their intent to participate in the pro�ram. If they wish to accept, and to abide by the commitments and practices of the pro�ram, they si�n and return the fonn, along �vith a security deposit to hold a p!ace for them in our grogram. ' The Program At the besinning of the Household program (September for [he academic year; June for the summer season), residents attend an orientation session �vhich lays out the commitments, practices> and obli�ations of the pro�ram. At that point they si�n a lease and a conduct policy, � cogies of w°hich aze held in the Saint Paul's Outreach offices. The residents livz out a plan of life cvhich encourages prayer, Christian formation, and cammunity, �vhich includes: >�Iorning prayer 4 da}�s a«'eek (Liturg}- ofthe Hours, suns przi�e. personal pra}'er) i�venin� meals 3 days a week (cool:in� and cleanup duties are shared among the residents) i House Nlass once a tiveek . i Pra}'er meetings e� ery other �uesda}• evenino (on the L;�nit of Saint Thomas campus with other households, students, and young adults, ane consistin_ of formational/spiritual talks, prayer, and faith-sharin�} i Household faith-sharin� smail �roup every other Tuesda}' e�e:�;na (at�ernates �yith prayer meetings) i House chores each Saturday mornin� i A Lord's Day celebration once or t��ice a month > Participation in the monthly Saint Paul's Outreach Young �del: �Iass (held at Nati�lt� of Our Lord Catholic Church) i Participation in nvo weekend retreats in the Fall and Sprin� :- Parieipatioe in the tcoCkS oi ev2nselization of Saint Pau''s 0_ :reach (=z�iPus o: youn� adult minist�}�, special e��ents, conierences, etc.} � P.e;idents aiso find and take �d�anta�e of other. infomial opponuni:ie= =o �'<<''� rh�ir tife to��eclier, such as mo�iz or samz n<<�iiu, se��'ice �tiu:�:, caiupiu � t';p'. <:-.- -.. � a�� The Residenfs Participants in the Saint Paul's Outreach Household progcam inctude both univetsity students and young adults who work full or part time jobs, including full time mirustry �v2th Saint � Pau!'s Outreach. They range the spectrum in their geoQzaphic and persoazt back�oecnds, interests, conversion experiences, and life goals. They also ran�e in aQe Lom i 9 to 27 years of a�e, �Vith the average a�e bem� 22 years. rllthough thzy may be differer.: in man5 ccays, ihey choose to live in a household in order to seek God, to gro�v in maturitg as Christians, and to share their faith �rith others like them. Ducing the academic yeaz the house at 1977 Grand avenue typicali}° serves a miYture of students, fult-time workers, and those �vho both work and study. This summer it is bein� operated exclusively for participants in the Saint PauPs Outreach Summer Tnternship ProQram. In addition to the commitments of the Household proa am, the Summer Int�rns have set aside the'u summer to receive full-time formaTion and trainin�. The internskup consists of an academic component (courses on Seripture and the Catechism) and a service component (conductin� youth retreats, a vacation Bible school, outreach to the poor). Participants ra!se sponsorship to support themselves and do not hoId outside jobs. Adrninistraiion Each resident is responsible for payin� a monthiy rent, �vhich co��ers room and board, 1 utilities, and an administrative fee to cover other pro�am costs. At present that rate is �375.Od. Rent is paid to Saint Paut's Outreach office, �vhich then pays the househol� bills and distributes li�ing espense funds to each hoasehold. This fund is used for orocerie_ �r_d household supplies. � One resident ofthe househatd serves as the pastoral and adm;nascrati�•e leader for the house. He or she is usually� an emplo5ee of Saint Paul's Outreach and is r�sponsible for directina the life of the house at att ieveis_ The pastoral responsibilities include bzs=c carz of tne residents, addressing personaI concems and � ving counsel �vhen appropriate, z�'3 ser. as the spiritual head of the house. �dministrative responsibilities include schedulins. cs_:��ating household responsihilities, administerin� houszhold fun3s, commnrucating need: to :: Sain: Paul's Outreach office (repairs, etc.} and overseein� order in the house. Terfnitiation Generally, a resident's commitment is over at the end of the 1�2s: period (ylaq or August). He or she nay then choose to teave or ask to conciaue into aPic �} re sons to Z kwai typically does not entail re-application; unless there are practical or p..=• :• someone to do so. He or she simply fills out another form indicatins i:�teat to participate in the ne��t season of the Household pro�ram. it has occasior,:ll}� happenzd that the stafffias had to as� a re�:�:-- �o lea�� che pro�ram- Reasons ma}� include nan-pati of rent over a period oftime, ina�i:� ;: er Izc� o= desse to liv° o�t the commi:men:. ef the p�o�ram, or esrevious violation ef the ce--?-: policc�. IR such cases- -,.�ii::'iii`:� .�; -�i'; ^"',, ^fi,Pi ,-��nre [ter� 2��Orts io <.ddre„ prohl�m� : "�::�:2`.t0*��. =.:COC(�IR� 20 � �a..9�f� • the Saint Paul's Outreach Household Conduct Policy and the Saint Paul's Ou:reach Lease Asreement. Post-Household � The Household pro�ram is intended to serve garticigants on a number of levels. For some, it is an opportunity to Qro�v in a life of grayer. For others, it may chie.h• be an opportunity to grow in relations4ups with the other brothers or sisters with whom one m:sht Ii��e. For still others, it may serve as an immersion into a vibrant Catholicism and to root a person more deeply in his or her Catholic faith. For all, however, it serves in one way or anothe' 2s a springboard into another phase of life tivhere the Chrisiian life may be lived according to God's specific cocational ca11 for eacfi person. Saint Paul's Outreach, as a lay Catholic organization, is concemed c:ith helping alt Chzistians to understand the universai call to hol'iness, re�ardless of one's sczce in life. In seeking to respond to that call by parcicipation in the Househoid pro�ram, participznts w also usually frnd their particular vocational call, either to pr'sesthood or religious life, Christian marria�e, or the dedicated single life. The Househotd p�o�am serves as a launchin� pad for numerous such �•ocations. Past pro�ram par[icipants hao•e �one on to discern reli�ious life with orders such zs the Franciscan � Friars of the Rene�vai, the ��issionaries of Charity, the Carmelites, and oth:rs. 7he ?.rchdiocese of Saint Paul and Nlinneapolis boasts several priests, includin� many Compz,�ions of Christ, who rer,eived formation with Saint Paul's Outreach before goin� off to seminzn �tudies. And there are many �ood and hol}� married people and sinsies who are able to bztter lice out their Christi�n faith because of the formation they received from Saint Paul's Outreach ane the Household program. \J JUL-1N�=��J b4]til ri� f�n�tilcb�trt vrt�vc��.ti� Macalester-C�roveland Conam.unitY Cou.nc31 sio soo� ori� sae�c sa;ae �, atH ssios-2aoo ?elepbem: (6S1) 645�000 Fax: (651) 69S�dObd Juty 19, 2000 Litton Fleld, Chalr Zoning Committee St. Paul Planning Commisalon 1100 City Hall Annex 25 West 4th Street SaiM Paul, MN 55165 � � � _ � J U i Dear Litton, The Macalester-Groveland Community Councll supports the aPPAcation of Saint Paut`s Outreach for a Determination of Similar Use for the home at 19T1 Grand Avenue with ihe condition that there be no more than four vehicies at this address and that the � number of res�dants be qmtted to seven. This matter was resolved on a divided vote. A number of nefghbors spoke in opposition to the application voicing concerns about parking, density, noise and fear that a precedent coutd be set making it posslbia for mwe than four unrelated students to live in homas in the area. � Our board understands thet a convent is a permitted use in a single family zons. There, howevar, was considerabfe argument over the definition of a conveM. It wouid be helpfui in futUre decision making 'rf the on thls matter would clearly define what a convent Sincarely, Cxx,�� -a-�--� Kathie Tarnowski Community Organlzer Planning Commiss(on in its decision is. � e�izai�aaz �s:<e �.z��zs�_s L1� ��=J UBRY D. ST�iiiS � ♦�� 7950 SurmMAwnue � Saint PaW. Atinnesata 551957180 Hure Phrna (651) 888-729i � Emml I.d.stama�tcAdndettne! 3uly �0, 200� � • cny �fs�t Pa� Department of Ptanning and Economic Development and City Plazuti.ng Commission Zoning Committee 1400 City Hall Annex 25 W"est Fourth Stzeet Saint Paul, Mumesota 55102-1634 Re: PED File No. 00-132-464 � �� p �� t E � �E � � � n � � � r r � $ Aeaz City Officials: I am writing this letter to you since I wi1S not be able to attend che hearing scheduled for later today. The purpose of thi� tetter is to explain why I am opposed to the zoning variance being requested for 1977 Grand Avenue. I am a 21-yeaz resident af Saint Paui. I currently reside at 1950 Summit Avenue, where I have lived for 11 yeazs. I am also an attomey and familier with the adage o#tentimes used in my profession: "hard cases make bad law." This is one of those cases. This request is 1) imprartical; 2) sets a dangeraus precedent; and 3) makes a mockery of the current !aw by which all of us abide in my neighborhood. First, you have before you a request to allov�� 8-9 adults with attendant cazs, gazbage, activzty, etc. to reside in a three-bedroom house designed and up until recently used as a single-family residence. Not only wiL th3s make for very difficult basic livinf; conditions for those in the home, it will inerease our problems with parking in the alley (we all know that there simpty isn't enough parking on Grand - people will park zn the a]]ey during bad weather and late at night after the sueet is full). This is especially acute in the winte;r when plows need to get through in the eariy moming hours. Second, no one can seriously equate this ioose configuration ofpeople uzth the clergy or convent members, who aze Iegitimized througb special, sanctioned and Long-recognized religious organizations who make vows and commitments which set them apart fzom t�,ose who do noi. Like snany different faiths, these people may be sincere, but they do not constitute the legal and societal status s$orded more committed members of the community of Futh What this leads to is s dilution of the Code by allowing loosely-configured groups to form roor,ung houses in our City of Saint Paul July 20, 2000 neighborhood without any enforceable standard to prevent tivs from ttappening• This is bad � public policy and a practical nightmaze. Finally, we all rely upon the zoning code as the law by whzch we make decisions to buy and inhabii our homes and locace non-conforaung uses. I rely upon it to raisc my two children in a p}ace where they can have the safery and convenience of similarly oriented neip�bors whose famities, by the way, emanate from tfie same rype o£commitment as that mentioned above. The Saint Paul Zoning Code was created with the geater community's then curcentIy, present and future intaest in mind. Sometimes, it does work a ttardship on an indiv'sdual petson or business, but tliat is to be expected if we are to maintain the integrity of the Code itself. All of us accept those trade-offs by observing ihe rest'sctions that burden us as we1L By allowing individual variances such as this one, which clearIy obviates the purpose of creating stable residential neighborhoods ( that's why we have th.e four unrelated aduh rule ), makes foots of those who rely upon its existence and those who claisn to be enforcing a"code." Think of the word. It Gas sie�' cance. So do you as stew+ards o£it. Thank you-for considering im,+ comments. Very truiy yours, � � . .� i • �(/GJ�ZZ�Z 15:�7 LLLS7G�710 L1D��O_V aa -�� TO: �� City of St Panl Planning Commission Members Fax #: (651) 2283220 � • �� • Margaret DiBiasio 1g54 Summit Avenue gt Paul MN 55105 Macalester-Groveland Resident Fati and phone #(651) 690 5536 �; U GE : TesDmony for thc July 28`� hcaring conceming "similaz use" designation �'� of property at 1977 Grand Avenue I ha��e tcstified twice bcforc the Macalester-Grovel•and Community Council objecting to a request made by the "Chtistian Outreach Group" of West St Paul to ailow more than fous unrelated atiults to live in a bunFalo�z home at l9'77 Grand Avcnue 2oned as a single family dwelling. At tlie first land use committee a vote denying the requesc was reaehed after careful consideration of the petition to a11ow a"similar use" exception for this Christian formation group. During that hcaring the dangcr of sctting precedent w�as carefully weighcd. At the second meeting, in spite of cne fac[ that none of the committee members could define the concept oF "similar usc and "com'enVmonastery", a vote was takea and the Maca(ester-Grove]and land Use Commictec's recommendauon was reversed by a vcry narrow margin. Given the general ambiguity that prc�•ailcd bcfore the entire Macalester-Grove4and Community Council, one might argue that chis second voce was invalid. . At the recent mceting of the St Pau] Zoning Committee I understand that the vote was swayed by an argument stating Archbishop �ynn's support for the unique concept of this Christian formation group and the city r.oning committcc approved the similar use designation tequest. Regarding the preccdcnt that would be set it such an exception were made, l pcesent the fo11oK•ing argumcnt for }�ou ta card�uily consider: • If you appro}�e this requesc the city couid not in the future discrimina�e against any group Lh�`- claimed affi(iation «•ith � religious or spiritua7 sect or cu]t, if tha[ formation group pee�tioned for a similar cxccpti��n. Oi/Gb:Ld�u 1�:C� o.[c7�� " ---�_� • It would be feasiblc (or a sororiry or fratemity group attending a denominational college to • claim a similar objective of Chrisaan formatio�, and the nature of these "religious" groups would wazrant a similar cacepaon to residential zoning in any neighborhood- • Within the canonical (church law) designation oF convenUmonastery members are vowed/committed co a"religious" life and aze bound by vows oEpoverry, cel(bacy and obedience to the scN•ice oC their churches. They live under a common financial plan. Furthermore, membcrs of monasteries and con�ents have a iong history of sharing in a common, canonica[(y regulated iife. This is not the case with any ]oosely bound retigious fonnation group, whether it bc a group oC young adults seeking to leam about liviag a Christiaa life, or a "cult" of peopie living in a"communai" relationship to promote their goals and to celebrate their uniqueness. - Civic iegulauons defining the responsibitiues of governments and municipalities to convenis and monasteries were detetmined long ago, under quite diCferent ci�umstances• AL Chis time, given the major chaages in convcnt and monastic structures and the expansion of [he conceptof Christianirctigioas formation, the precedent you wi11 se� in approving this request will make ic aimost impossib)c to curtail further eneroachmen[ on residentially-zoned neighborhoods. Soon more speciaily "cxemFted" propenies will be able to avoid compliance w'ith zoning regutations � and be removed (rom the property tax base of che city. • A number of d«�ellers in any residentiat neighborhood could petition for a similar exception, asking thai their homes be decSared piaees of religious tormation, and et•en peritioning to be eaemgt Crom payine propeny ta�cs. Any "Chr+stian", "Jewish", "Buddhist', or "Hindu" family. Gr even any organized "culc", could peti[ion to be exempt from zoning laws and property taxes, claiming "similar usc" for "religiouslsp�ricual" formation". Where do you draw the line? You havc the responsibility of delivering fair and equitable rutings Cor zoaing exemptions. Special in[crests must be u'eighed aCainst good Qolicy and fair go�ernment. I trust that you take this charge scdously und that }�U �'��l not bc ixhoiden to undue pressures from the Amhdi�se. If you accede to the request Cor "spccial privile�e" ia this case, you wil{ undetmine the zoning rule and descabilize a St Paul regulation that hclps to keep residential neighborhoods intact- � JU�-28-2000 09=15 Judge Da�id Doty • � a� _��r Alys&a Rebensdorf From: Aiyssa 42et�ensdorE �air@lorax.fo�estry-umnedw. To: <�ee�a@a-stpaul.mn.us> � � �c.��'l Sent Friday. .fv�y 28. 204� 824 AM � Subject 1977 Grand I am writing fo express my concems regarding the proposed simi�ar use des�gnation of property at 1977 G2nd. ��uid lilce to asK the Planrting Commission to carefuily cons�der this p�oposat from two perspectives: 1_ Precederttial value: �f a tooselY affi�iated 9roup af Christians are ailowed to exceed zoning restridio� for single famity dwettings on the bas+s that fhey are similar to a convent, to what eXteni can the Pianning Commission deiry this excepfion to any other group ciaiming 2o share similar moraUspritualtreligious vaiues? Certain4y the convetrt exoeption vras irttended to m�n more than the inte�pretatlon the Chrisfian Outreach Group have given it, now that their backs are against the vrall (Please do recall the procedu2l posture of 2fiis situtation. Shese people have lived in fhe house at 1977 G2nd fw some time now. w�th as many as 10 people hovsed under one roof. !t v2sri t unti! someone discovered this fact and infortned them that they were in violafion of code thal they detecmined that they were "like a convent" Please do not atlow this ex post facto logic controi yoor decisio�.) 2. lncremental effect on a fragile neighborhood: Those of us who 1"sve in the vicinih/ of St Thomas, Macalestet and St. Catherine s understand the difficui5es of mairttaining ou� neighborhoods fo� s�ngte famity homes and non-studerrt rerttais. We are tonstantlY seein9 homes that once fioused familiss being purchased by the Co��e9es, bY busi�e� own�s and by absent landtorcls seeing the opportunity to make an easy dotlar. i wouid encou2ge you to drive through this neighbofiood and observe this phenomenon first haed;. You wiU � see the homes that have degraded, a�d you wili be speak to neighbors e+A'�o decry the increase oPstudent paRy houses and of businesses and larger rerrtal operations that bring more cats mto an alteady con9ested area. 1�ead in the �ilager last nigM that the owners of 1528 G2nd have received approvat for iS�eir home to be converted from single family use to o f f ice zoning. A n o t h e r h o u s e, l o s t from the ranks of singte family homes Yous incremecrtal decisions are making it incr�singly di�cuit for homeowners to feel stabie in Yhis neighborhaod. We Sook upon the proposed exPens�ons of UST and St. Cate's and the proposai to buiSd a street car tunning the length of Grand and we are left feeling assaulted upon in all directions. Your dec+sions really do impac.t the stability � this neighbofiood. Would you wartt to buy in this neighborhood at this point, knowing that the house dovm the street is a�rezdy a UST party house and the house next door to you couid be pur�hased at any time and converted into a home for 8 young people ca)ling themseives a convent? These are ou� homes This is wfie2 we hope to raise our chitd�?n a�d grow oid. Piease exercise your decisionmaking authorily with proper tegard for this fragite component Lhat makes a. residential neighbo�hood thrive. 7hank you. � qlyssa RebensdofF 2096 Lincoin Avenue ?/28!00 TOTAL �•�"- �� -9�tY � 1. 2. 3. 4. 5. ZONSNG COMDSTTBB SfiAFI+ REPORS _____________�____�_________= FILB # 00-132-464 APPLICANT: Saint Paul's Outreach CLASSIFICATION: Determination of Similar IIse IACATION: 1977 Grand Avenue pLANI3ING DISTRICT: 14 LSGAL DSSCRIPTION: See file DAT& OF �nRT**G: 7/20/00 6. PR8S8NT ZON2NG: RM-2 ZONSSIG CODS.REFBRSNCE: Section 64.30Di5) 7. STAFF INVE5TI6ATIO2S AZID RSPORT: DATE: 07/12/00 BY: James 2don 8. DATS RSCESVSD: 06/13/00 DSADLINS BOR ACTION: 08/12fOQ A � B C D PIIRPO58: ➢etermination of Similar Use for a private association of Christian faithful housing up to 8 unrelated adults. PARCEL SIZS: This rectangular parcel has 50 £eet of frontage on Grand Avenue and is 150 feet deep for a total lot area of 7500 square feet. E%ISTING LAND IISE: Single family residential structure. SIIRROIINDING LAND II58: North: Single family residen[ial structures in a R-2 district. East: Twenty unit multi family apartment structure in a RM-2 district. South: Single family residential structures in a RM-2 district. West: Single faznily residential structure in a RM-2 district. E. ZONIICG CODB CITATION: Section 64.300 (g) of the zoning code states Chat when a specific use is not listed in the district the planning commission shall detesmine iE a use is similar to other uses permitted in each district. The planning commission shall make the findings detailed in #4 of this report in determining whether one use is similar to another. F. HISTORY/DISCIISSZON: In 1992, a similax Determination of Similar of Use case as approved by the PZanning Commission and City Council. Copies o� the Planning Commission and City Council Resolutions are attached. G DISTRICT COIIDICZL RECOI�SffiNDATION: To date, no recommendation has been received £rom the Macalester Groveland Community Council. � H. FINDZNGS: 1. Saint Paul's Outreach is a not-for-profit 501(c)3 organization involved in the work of evangelization and ministry to university � students and young adults in the Twin Cities area. The organization is formally recognized by and operates under the eccZesiastical vigilance of the Archbishop of Saint Paul and Minneapolis. An integra2 part of the organization's ministry is tfie formation of young adults through community living in one of its five households, such as the one at 1977 Grand Avenue. These "formation houses" afford the men or women in residence the opportunity to receive training in Christian living in the context of a supportive environment that alZows for prayer, study and felZowship. The formation houses are an exaa�ple of the Catholic faith's increased emphasis on new organizational structures supporting the spirituality of lay people. The residents have a common pattern of life that includes prayer, Mass, meals, shared chores and other activities. &ach formation house has a house leader who provides administrative and pastoral leadership for the other residents. Acceptance into a formation house is based on a written app2ication to Saint Paul's Outreach. Applicants are required to submit letters of recommendation and are interviewed by a pastoral team. Applicants are judged on their commitment to Christian life and their social skills. Current residents at 1977 Grand Avenue include students and working professionals. The property at 197'7 Grand is a four bedroom three bath bungalow. Off- street parking consists of a two bay garage, a one bay garage and three spaces on a parking pad. 2. Residency in a dwe2ling ua3t is limited to one family. A£amily is defined by the zoning code as a maximum of four unrelated aduZts. � The code's definition of family, in its entizety, is: "One or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children {and including the domestic employees thereof) together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprisiag a single housekeeping unit. Every additional group of four (4? or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of this code." 3. The intent of the RM-2 Multiple-Family Residential District is � "designed to provide for more extensive areas of caultiple-family residential deveSopment as well as uses related to the multiple-family residential districts, or uses which serve one-family residential needs and require more extensive sites. The RM-2 District is further provided to permit comprehensive development of a multiple-family project so as to estab2ish a balance of population concentration as related to major thoroughfares and transit, and related facilities."' Pesmitted and special condition uses in a RM-2 district include a11 pesmitted and special condition uses in R-1 tfirough R-4, RT-1, RT-2 and RM-1 districts which would incZude convents, monasteries, rooming houses. Possible uses in the zoning code to which the proposed use might be similar include: a. The nroposed use might be considered similar to a convent. � b� �a�� • "Convents, rectories and parsonages, all when associated with a church, chapel, synagogue, temple and other similar house of • worship" are permitted uses ia a RM-2 district. A convent is generally considered to be a nuns residence but the term is occasionalZy applied to a group of religious men or priests. Webster's New Collegiate Dictionaxy defines convent as "a local community or house of a religious order or congregation; esp: an establishment of nuas." Whi1e the applicant's use does not reflect a traditional religious ordez, it does represent a lay religious community that operates under the guidance and control oP an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed framework of religious and lifestyle standards, and fosters those religious standards through an open communal living arrangement. These characteristics are similar to any male or female religious order within a convent living arrangement. . b. The proposed use might be considered similar to a monastery. "Monasteries and religious retreats, all when associated with a church, chapel, synagogue, temple and other similar house of worship" are permitted in a RM-2 district as a special condition use; specific conditions are not listed. Webster's New Collegiate Dictionary defines monastery as "a house for persons living under religious vows; esp: an establishment for monks" The term "monastery" implies an isolated and somewhat self sufficient � retxeat. The proposed use is not an isolated retreat, its residents are not monks and its residents are not living under strict religious vows. c. The proposed use might be considered similar to a rooming house, because it involves more than four unrelated adults. However, a rooming house is generally open to members of the puUlic, regardless of any group or religious affiliation, and does not involve a commitment to religious and communal 1ife. Rooming houses are first permitted in a RM-1 district as a special condition use. Applicable conditions are: 1. Minimum lot area of five thousand (5000) square-£eet be provided for the first two (2) guest rooms and one thousand (1000) square feet for each additional guest room. 2_ One off-street parking space for every two (2) facility residents. 3. Pezmission for special condition use applies only as long as the number of residents is not increased and its licensing, puzpose or location do not change and other conditions of the permit are met. 4. Section 64.300(g) of the zoning code states, "when a specific use is not listed in the district the planning commission shall detezmine if a use is similar to othe= 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 Che principal uses pezmitted_ The proposed use is similar to a convent. While the applicant�s use � does not reflect a traditional religious order, it does represent a lay religious community that operates under the guidance and control of an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed framework of religious and lifestyle standards, and fosters those religious standards through an open communal living arrangement. These characteristics are similar to any male or female religious order living within a convent. b. That the traffic generated by such use is simiIar to one or more of the principal uses permitted. This finding is met. The traffic generated by the proposed use is similar i£ not less than most uses in a RM-2 district. The traffic generated by the "formation house" will consist of residential trips. The low traffic volumes generated by the "fozmation house" make it comparable to smaller scale apartment facilities. c. That the use is not first permitted in a Iess restrictive zoniag district. This finding is af£irmed. d. That the use is consistent with the comprehensive plan• This finding is met. The 1999 Land Use Plan, policy 5.1.1, � highlights the following urban village principle, "GOOd neighborhoods have commercial, civic, and institutional activity embedded, not isoZated in remote, single-use complexes." I. STAP'F RECOt�NDATION: Based on findings 1 through 4, staff recommends approval of the determination of similar use application for a private association o£ Christian faithful housing up to 8 unrelated adults at 1977 Grand Avenue . i d0 q�Y i DETERMiNAT10l� OF SiMILAR USE APPLlCATION Department of Planning and Economic Aevelopment Zoning Section II00 City Hall Annex 25 West Fourth Street Saint Paul, MN SSIDZ 266-6589 APPLICANT 1a Zoning v�ce.use an[y : �Fite,no ; City 1��• �• �� St.$R� ZiP S� ( � Daytime phone�� ^dily Name of owner (if different) Contact person (if different) �a�n (Zc�lri 5lte1 Phone S2rnr u � PROPERTY LOCATION • . ., � Legal description: _ Cusrent Zoning ��2 addrtiona/ sheef if REQUEST: App{ication is hereby made under the provisions of Chapter 64, Section 300, Paragraph � of the Zoning Code fior a Determination of Simi{ar Use. � . r Currenf rr✓rk� ia n Proposed use �SaM2' SUPPORTING INFORMATION: Provide the foilowing information tattach addition� sheets if necessaryl. ❑ {s the use simi4ar in character to one or more of the principal uses permitted in the zoning district? S�'Q 2�'IG�03e�0 alUUth7.PM'C�� ❑ Is ihe traffic that the use will generate simiiar to traffic generated by one o� more permitted uses? SP_e e�cl�sQd do�w�n{a�� ❑ )s the use already permitted in a fess restrictive zoning district? � � �zy, �er �2� �ull2r, LzED � ty �C t �i �tys`" Required site pian is attached ❑ Applicant's Date 6�" �3� Ot� City ag2nt ( � n,:�` �}. SAINT PA UL'S O UTREACH 110 Cn�sader Avemre • l�'est St. Paul, :�IN 55118 •(G51) 4.i I-6! 7 June 2000 Departsnent of Planning and Economic Development Zonin� Section 110� City Hall Annex 25 ��est 4�' Street Saint Paul, MN 5�102 Dear Sir or Madam: Saint Paul's Outreach, a Roman Cathotic young adult ministry, and the owner of a sin�le-unit dwelling at 1977 Grand Avenue, would like to apply for a Determination of Simitar Use permit, which is attached. Our organization «�as recently found in violation of the existin� zoning rea lations for that property, housinzseven unrelated adults �vhen only four are allowed. Saint Paul's Ouireach is a non-profit �Ol (c)(3) or�anization invotved in the iiork of evan�elization and ministry to university students and youn� adults in the T«in Cities. We aze an outreach of the Community of Christ the Redeemer, a lay association reco�ized under Catholic � Church Iaw as a`'Private Association of Christian Faithful," which is recognized by, and operates under the ecclesiastical viQilance of, the Archbishop of Saint Paul and Minneapolis. The property at 1977 Grand Avenue serves as a household of Christian formation. As such it ailows the men livina there the opportunity to receive formation and trainina in Christian living in the context of a supportive environment that allows for prayer, study, and fellowship. The housekotd pattem of life includes dailv corporate and personal prayer, �tieekl} Mass, and shazed meals, chores, and social or service activities. During the academic year residznts include students and working professionals receivin� formation while pursuing full-time studies or jobs. During the summer, the residents include participants in our Summer Intemship Pro�ram> a full- time formation and service experience. In pursuing the zoning matter with Peg Fuller at LIEP, it was su=�ested that u�e might qualify for an exemption of current zoning regulations by filin� a DSU permit. Ms. Fuller provided me with documentation for a similar case in��otving the Companions of Christ, a sociery of priests and seminarians of ttie Archdiocese, who operate a household at 2137 MazshalI Avenue. We are ven familiar with the Companions of Christ (most of tkem at one time or another participated in our programs or serc�ed on our staff before enterina the seminary or gettinQ ordained}, and know that in fact our household operates in a capaciry very similar to theirs, with the sinale exception that the members of our community are not necessarily ultimately seekina ordination as priests. Participation in our formation proarams does serve as art aid in helping one discem a religious �rocation bui diseernment is not the primary aid of our fom�ation. Rather, the priman� aim is to help our participants ,ro«� in holiness through a life li��ed for God and others—regazdless of their • vocational state in life. a ��q�� From a structural point of view, our desire is to continue operating the house as a single-family dwellin�; we have no intentions of addin� on to, or modifying, the propem' to convert it Yo another kind of property. Because a criticai eiement of our formation is community Iife, the properry is intended to be a`�amily" home. In this case, however, the "family" is united by a common vision and purpose, and not by a blood bond. Our ideal masimutn number of residents is eiQht. As a way of buitding community life, residents almost always shaze a room with one other person. The property's four bedrooms do accommodate that number, and the ample common space (living room, dining room, sun porch, finished basement) allows for a good deal of community and personal space «ithout the sense of overcrowding found in other types of student accommodations such as dormitories or rooming houses. Conceming the amount of tra�c generated by residents and guests, we belie� it is comparable to the levels of the surrounding properties, which include apartments and single-family houses, many of which house students. There is parking for two to three cars in the rear driveway as well as on-street parlcing• Most of our Tesidents, however, do not own personal aehicles, meaning there would normally be oiily about nvo to four vehicles associated with the rzsidence. With the exception of an evangelistic social event hetd at the beginning of each school � ear, the house does not normally have the kinds of parties or gatherings that would be at}�pical of any other family home. Furthermore, while the residents occasionally house overniaht guests (friends, � family), the house does not have the additional traffic one would normally associate with a retreat house. It is my hope that this proves a satisfactory introduction to the nature of our n ork and addresses some of the initial issues associated �cith a DSU permit application. I have enclosed some supporting material, includin� the initial letter from Peg Fuller at LIEP, the case involving the Companions of Christ at 2137 Mazshall Avenue, and some informative s�aterial about Saint Paul's Qutreach. On behalf of Saint Paul's Outreach I weicome the opportunin to further discuss our situation and to find a resolution that wi11 accord with the rules and regulations of the City of Saint Pau1. ' Thank you, � ��`� 3hn Kodriguez � Director of Administration i � Saint Paul's Outreach Mission Statement Saint Paul's Outreach is a Iay society of Cathotic college students and sinale aduits. Through our commau�com:initment and dedication to the Lord 7esus Christ and His Church, we seek to fulfill the foliowing four-foid mission: l. We seek to live a life of holiness as discipies of Jesus Christ. This call to - holiness is the life of ongoinQ conversion and arowth in Christian virtue. 2. We join our lives to6ether in mutual support and in mission. Our aim is to foster an environment where the love of God in manifested. 3. We aim to introduce others to the:love of God tl�e Father throuQh Jesus Christ in the Holy Spirit. We do tIzis byproclaiminQ His Qood news of salvatior. in word and deed, both in the universzty and single adult environments. 4. We aim to raise up leaders to further the rnission of the Saint Paul's Outreach sociery and of the Catholic ChuLCh at IarQe. :- :' We carry out His mission individually an� in fideliry to the received teachin Q and practice oj ' empowered bythe c�arismatic wozking of: as a specific raspanse call of tfie Secon� and as developed"iu Pope Paut VI's e On Evangeli4a`tzon iri the Nlodern and Po �e �7ohii Pau1 II's apostolic-ex olic Church; Spizit; Council; P �: __:.� -_-. _ -- The Lay Meriibers`of Chnst°s FaitFi�fiil PE Saint Paiil's `Outreach �isrecoanizedby�tlie Ai - . . of Saint PauZ:ai?d 1Vlinneapolis_::- -- � �. - . SOGIAL SERVtC£5 Ramsev and Dakotl Cos. GU7GDT�CORPORATED IOa Dodd Rd� W�est SC Paut SiL13 (651)150.2?'0: F.�X 1i0.:2?I Helps people wiN � mentai illntss lud quality lives. Provitles a u�idt uny o[ <ommunin� baud uNi<es. Grace Tanajerd Schmia. prcsidzm Found<d bv the Guild of Cazholic Women. Inc. S7: P,4UL and �fI\NEAPOLIS Ramsey and Hennepin Co. SETO� SER�'ICPS CATHOLIC CHdRITiFS 1?76 Cnirersit� Are� St. P�ul 551d3-1101 (6i1) 611-1180: F.4.1" 6.iId005 ?i W Scevens Ave. S., �tinneapoi¢ 55;04•?533 (612) 87?-S7r; F.4\ 87L9h96 17?fi.1 Dupont.4vc. ti., �iinnr�polis>5-0Il (6L1511-9:33; F.a� i?I-9I5'_ M1lary Morris. adminu:ramr � iniical anJ social >tn9ces tor prc�nant 5in, le women and low in<oak coupta,: p�egnancp cassine: Coscec cnre. adaP- tmn and po..;-adopnon >e:.¢e.: educ��ion. employm<nc and cninin_ pro,nms: paczmin� education mE children's senir_x wppoa scuupt and :ounszting sec��iees co indi- v�dual� �nd iamJizs: chcmmal hnhh counselin,; and xr- vmes m fa[he:e �VHOLISTIC CENTER ST.P.aUL Ramsc.' Co. FR�SCiSC:�`: CE]7ER FOR �GHOLISTiC LIVI�G I iHi LaCro�seA.�e.. St. Paul i5119-7508 (6511 739-i9i3. 6�X :39.i4ii e-maii: (a.lCjuno.com A wnWun. qenon�i croa�n pro_ram for aomen whmh rec- o_�fzu �Aai phy.,�col he_iih, psycnolo_icai etEecei�enza. and penena7 hoiir,b, �re i�crtwined. YOTJI�G AAL'LT i�fINISTRY ST. P.4L'L Ramse.' Cn. ST. P.1CCS OC7RE.4CA 310 Crvsadcrd�e. t5'_ 11¢st 50. Paul v`IIS-U27 (6511 J51-5113: B1Y.I>3-O�IU e-mail: ccapo[juno.com Gurdon C. De�l3rai�. txc� :ne l.irecror l'niversin�>cudrm and }wnq adule min¢vit5 Na[ pro.'ide a �upFroRn't emrzonmea[ un,�c voune mrn a�d wom<n can Ict^.� about �nd sm�.� in [ha: fmth wi[h Neit Peers. Spoamrzd accnir.rs m:iv2z: v�brant monahiy Iimr¢ics. a:npuc pr_ye: .^..eenngo. ttach�n� sents. Chrisnan h��u.ehall In'ine >r,uxur� and mzn'slu'omea'S Fai�h �hsring gre.pi for pro�r �aamipanaJanuary aan�e- iv�uon >:.�.�e :r:p, icame: Poma�ion pro�ram. talJS��me :e:rent+ and .ev_s +ociel <'.en[s � YOUTti SERVICES YOUTH CENTERS S1: P.a[:L Ramse+ Co. CaTHOLIC YO[,"LH Ca�LPS, (tiC Administntive a�ce: II3I Fain�iewAVe. \., Suite?00, Rosevill¢ e511i (651) 6361635: 1-888-291�110.t e-mail: c.ysCjuno.com Camp address: HCR 3. Bos 655.1IcGreeor iS,60 �213)126-3733 Iale Czamik-Vtimt�er.dirc:ror CATHOLIC 1'OC7H 7ti�I5TRY SER�'ICES 3?31Y. &eilog�„ Bird., 5�. Pau15i102 1657) ?90-ibii: FAX ?90d6� Gco �e T. Bartea, eemQuvn� Cir.c�or YOUTH SERVICES «�EST ST. P.+.tiL Ramse. Co. ?ET (\ational Evan�elizaGOn 7eam1 110 Crusader Ave_ R'est St PauI5iI1S�3A.% �6>lf �SU-fiS33; F,�Y 350.99St e-maii: mini.itrr@nemsa.or� Stark 3erehem. execua�z dve,:or ��V�`�-� �_�"'""'__� �ll.b�"� � l, / 1 7 �., l� �\�, ST. PAUL'S OUTREACH 110Gusacle+'Avenu� iYertSt. Paul. M1V'S511�4 [0 Mazch 2000 LIEP Peg Fuller 350 St. Peter, Suite 300 St. Paul, MN �5102 Dear Madam: I am writina to you on behalf of Saint Paal's Ouireach, a Roman Catholec youne adult ministry, which is the owner of a sing[e-family dweilina at i977 Grand Avenue. The property serves as a household of Christian formation for university and youn� aduit men in our community. Recently, members of a neighborhood biock association £led a comp[aint against us reaarding a violation of zoning ordinance re�ulations. It is our desire to address this concern and seek a resolution that is in accord with the laws and re�ulations of the City of Saint Paul. Saint Paui's Outreach is a not-for-profit 501 (c) 3 or�anization involved in the n-ork of evan�elization and ministry to university students and youna adults in ihe Twin Cities azea. We are formally reco�nized by, and opemte unde� the ecclesiastical vi�ilance of, the Archbishop of • Saint Paul and Minneapolis. An inte�m part of our ministry is the formation of youn� adufts throuah community livinQ in one of our households, such as the one at 1977 Grand Avenue. These houses of formation afford the men or women in residence the opportunity to receive formation and trainina in Christian Iiving in the contexT of a suppoRive environment that allows for prayer, study, and fzllowship. Just as in a reii�ious order, residenu have a common pattern of life that inciudes prayer, Mass, meals, shared chores, and other accivities. Cartent residents ai 1977 Grand Avenue include students and working professionais receiving formation while pursuing their full-time studies or occupations. I hope this letter proves helpfuI to you as a means of introduction to Saint Pau1's bntreach. We aze �ateful for any help you can provide us in knowing how to proceed with the zoning matEer. I trust you wiil be in contact with me as you have any further questions about the Outreach, or abouE the pmperiy at 1977 Grand Avenue. You may reach me durina business hours at the Saint PauYs Outreach o�ce, (651) 451-6114. Respectfu[ly, � ' n Rodriguez �rector of Administration encl: mission statement. brochures � � CITY OF SP,L�T PAUL �'ornr Co7emon..lfc}'or oF�1cF or �_;ci�sr r�s�=cr�o�s .�n E��`SRO\>;H\L�I_ P�O-cCTIO� Re6en Kess7er. Dirtr.c� LO�iRY PROFESSiO�i9L d'�7LD/.'�G 350 Sr. Pzrer Sr�eer, �:dre 3G0 SnixtPaul,.ifinmesota SSiO?-ISIO CODE E\�'ORCE�•TEi�TT NOTICE \ I � April 18, 2000 John Rodziguez Director of Administration St. Paul's Oucreach 114 Crusader A��enue ��'est St. Paul, '�4�1 5�118 RE: 1977 Grand Avenue Saint Paul, :�4N 5�10� a �_q�� Te1zpF. o�e: 691-: 66-5090 Fatsimile: 6:1-:66-9099 65i-:66-91_': As you are a�;�are, �ve recentiy recei��ed a complaint re�ardin� an e�cessive number of oceupants (se��en) at the referenced propercy. This properry is located in an R,�4-2 residential zoninQ district. Our records indicate that the residence ic legal oniy as a sinele family d«�ellina; a masimum of four (4) unrela[ed adults is zllo�ved in a sinQle family d«�eilina (see enclosed pro�•isions60.20= and 60?06 of the L�gislatire Code'). Dear �Ir. Rodriguez: Y'ou have stated in your letter dated `iarch 10, 2000, that �he refer�rced properrv is a household of Christian formation for men that operates under [he �:cl�bishop of St. . Paul and �4inneapolis. As «�e discussed, I have enclosed an applicacion form and informa�ion re�arding the Determination of Simiiar Use Permic p:ocess. �dditionaily, for }�ou: review> I have also enclosed a copy of a Determination of Similar Use Permit thac �+as aranced co che Companions of Christ in 1992. You wili have until A4ay 31, 2000, to appiy for a Determination oi Similar Use Permit or reduce the number of occupancs to four (4) zt the referenced pro�erry. If you have questions regarding the DSU Permit process call the ZoninQ section of PED at 266-6�89. If you h2ve additional questions or concems regardina :1is maaer, call me at266-9117. Sin Pee Fu11er License & PermicInspector .° � A � �� PtACGP,4'dELFNDCOUPi { M acalesterrGrovela�d Cammiuuty eouncil 320 Sauth Griggs Simet $aipS Paul, MN 551R5-28Q4 Telephone: (651) 645�000 Fax: (651}645-4004 January 3i 2000 Wendy Lane I.IEP Ciry of Sai�t Paul 300 Gowry Prafessor�al Buiiding Saint Paut, MN 55102 Dear Wendy, G�J 1 b4.:�4�1k74 � . i31 It +s my understanding ihac ihere are nins or ten students I'rving in the home at �975 Granci A�enue. 8ecause it appears that this home is not being used according to the zoning cade, enforcament is reques#ed. 'Thanlc you for iooking into this for us. Sincerely, , _��, �,�.�c� Kathie Tamowski Communrty Or9anizerlExecutive tJirector � • � � xercLd a+� / � • ��ya ,��s� - _ . . -_�s-:.-.- --= - ' �..,�,;�:- . '!v%Zia+.iii p ��r - n �`�' z i i i. c a ; i > �: 4D 1`��`�� etrr a� -a�� Cotnci! tile d o 7'/l3.2� '� � Gteea 5*ee� � ��/3 • � 2 1 � t.l r��.so�.�:zior� R�C�(VED Sq�q,ZT pAUL, MINNESO7A DcC 2 2 p_esen�ed By Co�aittee: Bate AIIA�� ezncc=.: �,• — �-- 3 4 5 6 7 8 9 1(3 11 12 13 14 15 16 17 18 19 20 21 22 23 24 'Jj 26 ?7 28 24 �e 31 32 33 3� 35 3b 37 38 39 40 41 42 S3 Whereu, Compa�iob5 of C1u�s�, �OS4 Grand Avenue, Saini Paul, s�4innesota 551t}�, made application to tne Pla��ning Comraissioa for a determin2.*.on of similar use requesting that t�e Comm�ssicn determine that faeir proposed use of z residential structure is most similaz to a convent pursuant Lo the provisions of the Saint Paul Zoning Code for properry located at 2137 Mazshall Avense, legalIy desrnbed u T-ot 21, Block 6, Roblyn Pazb Ad�uon to the City of Saint Paut, Rzmsey County; and �,Vhereu, The Zonir.; Commit*.ee of the PluuiinS C°m�uion conduded a puolic hearing on September 14, 1992, afrer having proGided �otice to afiected property owners, and submitted ics recommendation to 2he Commiss:on. "Iha Com�ssion, by its Resolution 92-59, adopted September 25, 1992, decided to a9�rove the application based �esolution� s attahed hereto nd n orp u at d heein bYhefe ence; aad Py of which SVhereas, Pursuant to the ptolisions of Szcrion 64?0�, Steven M. Tallen, 2149 Marshall Aveaue, Saint Paul, Mn. 55104, d!�ly filed K:th the G�ty Cie:k an 2ppeal from the determination made by tue Plannin� Commission, requasting thai e h=2ring be held beiore the G�t� Council for tfie purpose of corsidering �'�e actions t2�Cen by tne said Commission; : �Vhere2s, Acting pu�suant to Sec*.ions 6S:L0� tnrou�h 64.2�&, znd uoon notice to a�ected p2riies a public l�earing �'%as duly conducted by the City Cou=cil on November 19, 1992, where all interested parties were given an opportliniry to be rezrc; and 'SVhereas, Tne Council, having heard t3e statemenu made, �nd hzvi�� cors:de;ed tbe zpplication, the repoR of staff, :he recurd, minutes j.nd resolurion of the Zoning Committee and oi the PIasning Commissioa, des nereby ResoIve, That the Council of ihe City of Saint Pzui does hese�y affrm ihe decision of the Planning Commission ia this na.tter and does hereby �o P�°`°� and conclusio:s made by tne Commiss4on, p�ovided ch2c the apg=icz.ion bein is made exp;essly subject to the followir.g canditio:LS: 2. 3. 1, Tne number of residenu shail be limited to eigfit. St�ch:r aEeraTions that woe:d na'.:e coacersion of the bci'ding to a s:r.ale fa.-,uly use 3iffacult are not permitted. Any adcitiors to the str�ciure mu;t be reczewed and approved by the Planning �:oms�i`-`-iou. Existing off-s�*eet parking facilities shall r.o: be changed, t�at at leazt five (5) sp�ces be maintained at all titnes and tlt_t three (3) oi L'�ese five (5) snalt be accessibie simnit2neonsly. _ __.__w.....::-.:,::�-�'"�:.�.�` � .r:', _ . -:=s`�_ - <a-�., .. ",. ..- .-» . ..-;-.. . .. . . _ .. i_i : ;;`=- E s -;: ��. =, - : __. .: .__. . .-.__� I Furt��: Resoived, That the appeal of Staven Tzllen be aad 'u fiereLy denied; and, v 2 be it 3 4 Finally ResoIved, That the Clty Clerk shaII mat� a copy of this resolu[ion to 5 Stevea Ta12e¢, Comganions of Cfzrist, the Zoning A_dministratur and the PIanning 5 Commissioa • F Yeas Navs Absent -in� ,n i _ Reqvested bq Depar�ent o=: Ada�Ced by Council: Daie ___ i5F(` 1 Q�g�2 T � Adoption Ce� figd by Co��c�� Secreta�y H � :� � y DEC 18 1�97 App:oved by Na.or: Date i _ s By: Form B s�m=_s5ton to /9ya �s�da-9�� • • • city of saint paul planning camm►ss�on resolutio� fife number ` 5 �te `-�-�=-'er 25. ��92 i`r.=3_?S, CG>:??.\IO�S OF C"r�ISY, file =92-207, has =pplied for z czternin=tioa _�_ cy � 00 f o� the S=int P«1 of s_., cse eadeZ the provis oas of Szctioa b.3 O ,s ��e Code in orLez to cete_��i^e if housing for an associstion o£ Leg: la _ _ r_•_ tiici intead to become priests, is siiyle= �-'i C�-isc_z:� ��? �hful, r..zr..ba:s o� 2137 ;'_'RS'r?LL ?VE\�E, lee= ue to e cor.rer.t, on property loczted at cescribed �s Lot 21, Bloci: 6, no�l}� P=Z� Acdition; �:id G;_�_-5, c'za Zon:ng Cor.�ictee o� tl:e P1=�ning Cor.�ission helc s public te=r=^g 0o al ersons resent �erz g:�'ea �n opPostc cn ge�ce��er 1�, 1. 2 et �h'_ch 1 p P . LiYe==��s LO pE hea'd purscant LO Scid 'c7?Z-CcLlOi1 1R ZCCOZ�cilC2c'r.,a�:1 �512 i2Q 'o:-t E!.300 of the Sair.� ?=L1 i-eg'-slati�e Code; o= Sect: : ?zcl ?ler.ni Co-:,ission, based oa tnz evide:�ce prese^tec w'=:_=S, t�z S�'n� •� _ to i�s Zcai-.g Cor.: ittee zt �^c ?L'Dl hzaY�no as sccstart±al�y '-"z°?ec�ec i:t �he �_..�.es � r..ada tne zollocir.� ==^ciaos o� �ec�: by c^e ap licar.t. ''e - rZic=_ :� t ' _ o::+_n� in=o_caticn •-as ? _cviczd P ' ` _`�• _ ' Co-_ea:cns oi Cn_ist, is nor.�ro_z�, tax-e�e, corpo_etioa �t _5 � '.:j11C 2550C1cC10R 0= �::Z -c��C:=L'� ==21�-1ci2d �� +� "'•� �-C�G�OC252 C= Sc:�i_ ��::1 u'.]d �lIi�l:c?0�15. �r2 S1X I:'ci7 S:.^.O cY0 L'c:J2:5 G� :� E C:`c1=Zc�10:3 M1�%c:1C �O b2 cD12 CO ].1\°2 LOO2�l:2i 1T1 c S2}1_+GLS CO^= �%••-�y• :.ccz�:cr.al -eab�rs r.,zy jcia t:-�e orgsnizatioa in t2:e _ucue. TnY r°_ � o: 3i�e in �:nich �hey azsy tc_e�he_. .. na� 'o:,^„ed z cor,inoa pat.�_. - �_als snd chores, a�d cpe�a�e L�c'ar e cor�=oz rinanci=l p�=� i.^.2 t:'_S�O:,� Oi �i18 O��c^1Zc�1G^ i5 c5 i0�10::5. F1'�2 L'cII �G1I1�C �� =�' c.0rc1 Tic=]EYS " G:=ist" in 1°SS a� 504 Lat:el. S"' to�zc�:zr es "Se�-ants o� , `_z . ne oz �:Zizat=o� �es `_nco:po:==ed c�_e s�c '�eat �__ ��e groc� evolved. T �` r `.� ;o�� d :n 1954 �cved to 20El: 6_and uhe.e it Yentec a.^•oLSZ �=o� r �0_� (:FS �nzversity of St. ino�.as �or t::=ee }•ears: ?Gr� o_ �^e �e_�ers' �O '=07n 4:1L.R S�llCEIIi.S G:1 Cc=�+US. 1f12 OT�cA1Zci.lOA t:�5 b°-E:1 ZOCcLEC te=�cr�ril�, since �ne e�c o� 1=st �onth, in � rec�ory =:�:`==?�e^ooc. Fecorc+_r.g to the =p?Iica.^." = oisno? o= tna Arcnc?oczsa sc_oeste3 to Lc=72:5 OL LR2 �IOl:7 �+.�� -r2�' ;,OL'la SEI:'2 LR� C.'.:-=C:1 c5 i�1ESt5. Eecause tiey �:aat �o co:at3-ce ;.o lice togztner in a:zlzr�`_ees ec-� =-- � moved by '��'.�. °"=- -- seco�x�ed by — in favor �o against � �y . � . 1T.vY( _ . h.� �-�co•r� _ ��: '. i __ _ ' ' - f S the bishop suggested thay fom a public association of ihe church in ordat ta serve and contir.ie living together. ArchbishoF Roach expeeu to issue a£onaa2 decree recognizing the app2ica.Zt as a pcblie associat3on of Lhe Archdiocese tiithin several veeks. The group vill be under the authcz£ty of the archbishap. As a publfc association, the Caspan?ons of Christ are expected to becoca diocesan priests and to live toge[her cor�unally. Four of the grcuo's aembers are attending the Szint Pacl Senina.y and a fi£ih is a stcdent at the University o£ Sainc Thoaas. The first ¢e�ber vill be ordained as a priest in tvo yeats and the teeciaining £ive vf32 be ordaiae8 over tha next five years. Hesters zange in age fron 2S to 37 yeais. This pa=ticular locaeion is desired Sy the anplieaat so that aeabers can walk to the seainary. The house cauld not be used for p�ogtams ogea to the gene:al public. The appliear.t has a putehase agx'eeaent £or the subject properry. A closir.g is schedaled for Qid-0ctcber. O�nezship e£ tae p:operty voald be transferred to tfie Archd?ocese if tha cozp�ration (Co�anLor.s o: Cfir3st) eere Lo be dissolved. 2. Ttxe cao and oae ha2f stcry sinale fani2y hoce has the usux2 liv?ng zoaas and a saall den cn the £irst floor, £our bedxooas on the se�or.d flooz, and an unfinished baseaent sad atcic. The zpplieant plars to bcild a ehape2 in t:�e basement and could probably eventua22p �iafsh t�te actic--perhaps as a i£btary. Fo additiana? tedroons are plaar.ed. At the rear. o£ the prope=ry are a n:o-car garage znd z drivz:ay, botic adjacen: to ar. a22ey. Tr_ee ears can bz pa:�ed in t'r.z drive.ny bct any ca� parke3 there vould pr_vea[ acc_ss to tT.z garag_. 34e six carrer: �eiabers o° the organ£zation o: tii:ee cers. Parking on both sides o: :!arshalZ is pzohibited froa 7:OG to 9:00 A.H. and £roa 3:00 to 6:00 Y.H. Y.�aday thtoc�;h Friday. Tha eu:zen. aad pro?osr3 zoaing code o£f-street parkir.o requirecents ccntain no specifte gazk3r.g stan�:d foz a convent ar sini2a= ese. 3. Tnexe are severa2 uses lis:ed in the zaniag code to ci?ch tcz p:oposed use aight be considared simila:: A. Tia propose3 Lse might be co;s£dered si.i?ar to z conceat. "Coaveats, rectories and paisonages, a12 when assoe±atefl with a c�:�rch, ehapel, synagogue, temple ar,d other siailar hoccse of vors:cfp' are pe�itted i:ses in taz R-2 throvg5 R-b tistriet� CSection 60,L12(6)). A coirrer.t is generaliy considered to be a nurs residence bu: the te = is ccezsionally ap�lied to a groip of reiigious �er. cr pries:s. T:^� A:eiiczn He;itabe Dic:ionary (i985) de,°iaas eor.ceat as "1. a eacmunity, esp, of r.v�rs, boux:.'. by voas to a religio 2i°e cade= a s�xperioz. 2. 2he baiiding or buildings eccupied bl z co;r+ea�, esp. a :sc.�nnery." In p:actiee, eemrents are so�z:i�es ir:zSited 'cy peop2e c;.o do not have e fo�r•+z? or pezzxar.eat conr.ec:icr, to L^.a g. Sct dc hace soae eonnee.ion to it, e.g., a czrdiLate or novice. The pro?osed c:�e � is associ�tzc cith :_= Arcnd:o^_ese zr.d i.der the �:aor=�j c= L"- . l s� B. C • � Ol�-5k -rchbisnop; individuzl r..e-b=='s n�y becoaz assccistecT _ith paZt'-��r churcnes �o1loVing ordi:atio�. Tr.z proposed Lse ::iighL be ccnsicerec si �ilGr to a re:�ast_ry. "uoz�steries end religio�s re�rezts, all L'nez =ssoci�tec ::i�n a cnurch, cn�?el, s}�=gog::e, terple a::d o�fer s�eil=r l:e�:sz os Lors:ip" �re pe^itted in R-1 tnrcvgi R-�: e'-=tZ'-cts �s a special co::citic� Lse; G (')). Tne Arerica:z specific cor.ditions ere .ot listed (Section 6Q. 13 � � 11="a3 place of � F.eritage Dictionsry de£ir.zs Uonaste=} as 1. Tr.a c.e ^� cor,�vnity of perso:�s unczr raligious vo_s, es�. �o=As. .- z ihz ter� "._o: �stez}" cor.-vnity o� ror.'..s livi-� ia a�or.as`.ery." �::ETE �c ±r,.plies an isolated snd sorevh=t sel�-sufiic:e.t ret=eat G lesst so�a g::ests tignt ba �:elcor..z. ir,e pro?os2c L.=_a is not re�rest, its resic=nts a:a rot �:or.:s, aad- it cas r.o z=c_lit_es :or guests. The proposed Lsz r..ignt ba cor.sidered si�ilar to e roc:::�g house, beceLSe it imol�es morz tY:=:z £our vn:elated '=�::lts, or sir:il=r ta � 6or.. - �itory as it is a residaace for scczents. A roo=ing housz is ger.eral2y o?ez to ieWbers cf tne p�.�lic, regardless o= sr.y €roL� o: rel:�iocs ai-ili�:ion, a-d cozs not irr�olve = cc=='-`e'� �0 2 religious and co�„wLr.a � 1I6. TR2 s�:.e can be s�zd ��o•.:: � corr.._�ory, cith t'r.e obvious di�'e_eaca t'r,at it is e res?Bz::ce =or s�ucer.:s. T:e ' ed so* or esz3 es soa_r.g coce defir.zs 20�? .ory as "a DL'l� P+lII� ces=g^ grot:� 1+_�ing quz_ters �c. s �L'U�EZ�S o� a i;ign school_ co?le�e, -; ser::r.�r; � or -iized ar.c o•. zc by � l:z� : sciool, cclle�=, ca_.e�s_�y or €�• . - -. Do^itories a_e f==s` Pz= =t�ec in �^. �T-1 cn°_vz:si�y or se�=nary." , ZOII:P.r".� GiSi.T1CC c5 a. S�cClc� CO^G.�'_OA L`50. ROO-i1=j :1��Sc5 cTE :1=5: �zrr.it:eZ i:i =:� R`:-1 d`_s�rict as a_:ec=�1 ccrci��c:i L=z. -i1 is t. P.es:ce:�cy ia a c:zll:ng unit is li,,.i:ed to one _`��i=°. =_`.. y �;.e 8e�ir.ed by -_'._ zoni:g ccce ss a n=>:i�c= of =ocr L'::�E� ��.._�s. _ coce's ce•°inition o= fa�ily, in its E:L1'-'E =5= O::e er c::o (2) perseas er p=rzn�s, Fith t'r.eir ci.==c� li;;-a? csscencezts cRC cCC�L2C OT �eocl�)' CcT2C IO� CI111GIE:1 �c:1d 1^CZ'.:.C+ �--'•� CO.^..25L'_G e,��ioyees thereo�) .osetce= •�it� ifOL LtCl2 L::cA C::O �2( �Z=50II5 RO� 50 selated, lzvin3 �ogzther in tne ::�ole or p�rt o� u c.el==ng co-?risx�g = �, L cr fe-_r sir.sle housekeepirg Lnit. -�e� �dditiona2 groL� o' fo�_ () pezsozs liv±r.g in svch hoLSenee?ing t:nit snzil aa ccr.sicz:e3 a se��_ate �ar:ly �or the puroose o= this code. (Section 50.2C5.r} 5. "S'r.e ir.te:zt c� tne F. - 1 thrcuan ,°.-4 Oae-F�i1y P.esic=_�ti=1 J:st==cts is :o �LG': =0T c flII'J?LOP�EIIi. OC ��260G1^c::t��' �0::-Ce::e:ty� G_?-_c�l�} . �' c1c`vC -EC1�=t1E5 �i::C:t G2t�CCEG c�ellings aZozg �%'�: o��er residen�ial:� _ se n z�^e resideats in �he cistricts. :ecaese o� _ts res_c>_nti=1 r.att'-_�, �nis cistricc is not intencec =or �ore =_nteasive eses s�c'.^. as sr..e11 co,^,=eience ce��ers, private retieat ce^.ters �nc _ece?t:on i:cuses." (Section 60.b12) Per=itted Lsas in 3-1 tnroc,;a �-4 cistricts, in =zcStic:� �� co=�'�z•'•�s, inciude hos?ices scL hv=n service-licensed co �=cn�ty rzs'_cential fecilities,.bo�h se��ir.g six or fe•.er =acility .es-c�r.[s. Shelte�s cor batcered persor.s sz��ir.g sixteen o= �e�eT_ �acili.}' =zs:cec's �_e pz =it�e� i i ��s_" "".__.- subject to specia? conditions. 6. Tne £our zequired find?ngs specified in Seetion 64.3Q0(f) £or detereinations of siailar use, and the ability of the pioposed cse to confeza to thea, aze as follovs: a. The a:e ts siaiiar in charaeter [o oze or rore of the pzir.clpaI uses permicce4. The praposed use ts s3milaz to a eoaveFt. It is a religious eo�unity, sembers of vhicu are seeking or fntend to seek ordination as pziests, associated cith Lhe A:e�:diocese. Heabers will live, vork, eat, 1ear.t, and pray togethez and vill °cperate t:nder a eomceoa finar.eia2 purse.' b. Tae tr�Fflc generated on such use is slmtIar to one or tore of the _ . -priaeipaZ uses pe_�Stted. T:e tzafffc generated Tuy ihe n�e is expected to be siailar to taa: ganerated by some paraitted uses, such zs eomrents, hoee oeeupations, hospiees, day cate facilities, and bed and bzeakfasG resfder.ees. Tha traf:ic is exneeted to be 2ess than that generated some o:ner pezaitted u�es, sce4 as lib;aries, pazks, �chools, municipal buildi.ngs, s^.d ehcict�es 2nd othez houses of worship. . c. T.e use is ro! flrst pe:aztted irs a 2ess resLrictSve zo3ing dtstzfct. Yh£s fir.ding is affired. d. 7ee ese Ss co.^.stscen[ Gith the compreher.stve p1�. 2he pzoposafi use is ao: referer.eed ia the coa�rehensi�z plsa e�fl does ao: conflict vit; t_he plan. It is, LY.ere£o:e, eousisten� with tise p?an. The preposzd ue i< co3pat±ble cith the s*_izo�mding sir.gle £��1y resider_ces. Tnis no:-itnsunding, follav�n� a:e relevzat exee�is fzom tne "'r.a:sino Po2?cy icr tae 194Qs° ehapter of the cocprehensive plan: � Mairtain a hfg'� levei of o•.mer oetupaacy of single r�ily ar.L �uplex st^:ctutes by ercoaraging hoae oc.:iership oa a ta=geted basis aad expanding o.mership assistanee. (objective 4 aad policies 1S t�d 36, p�. 22-22) �"E1i¢inate land use conZicts that have a negative i^act o: L4e q•:ality of tr.e zesidential en-ritonaent.° (objective I0, land ti:se, P• 3�) Tne three broad oi tne cousina n d�lrsynei°"Sc:hoods, 2)Ltoataia a hign degsee a_ confidence in the eity e- saintain and ia?rove neighborhood qaality, and 3) to ra�e s�e ti�at Sain: Paul rasidents have access iu the housing op?oztuaities that n�et the3r needs.° (p. 4) Tne p:opo�ed use does r.ot coatsadict a.^.� �� tiaese strategies. _ i;p�, THr�FO;�, BE li F_.SOL`IED, by' t¢e :ainc Pac'_ F1ar.nias Co``-ss �n that, c-'at the zctnority o: t'r.e Cir.°s Ir_gislative Code, the Lse pro�osed by a m � � � 1 : . 1 � � - !:g.�::� " " _ ...t_ �T:�c"� _ -. `, aa —�� Co-:p�nions of C'r.sist, to be loczted e� 2137 ?�.:-�SY�LL AV'c�1iE, is hereby Zeter:zined to be sinilar to a convent and shall be s�:bject to L'ne follo::i: g conditions: 1. Tr.e nv^:uer os resiZe�ts shzll be Ziaited to eight. � 2, SLrllCCL'Ic alteratio^s t�=t xould r..=�e coaversion o< tne buiZdino to a single £a;aily use di£ficult are not per�itted, i,ny �ddi�ioas to tha structure nust be re�ie::ed =nd appro�ed by the P1=rning Go-�ission. • ao - 9 y8 � -� � � io 11_� i4 L-1-� i F S i r � Y .b � T Y # � �. � S £� A � J} .. 4 e CITIZEP� PARTICIPATIO DIS RI S 7 �� ■�.�r�� i6f� ��=>i��3 , 3 h' nu � �� CITIZEN PARIICIPATIOi{ PLAN:`iING DISTnICTS 1.SUPIRAY-SATTLECREEK-HIGh:d00D 2.GREATER EAST SIDE 3.WEST SIDE 4.DAYTON'S BLUFF 5.PAYNE-PHALEN 6.PIORTH END 7.THOMAS-DAL� 8.SUMMFT-UNIVERSITY 9.WEST SEVEyTH lO.COMO 11.HAMLINE-MID4tAY 12. ST. ANTHOPIY 3.F(cRRIAM PK.-LEXIt�GTOi{ H�ULINc ROVELP.`i�-FUICALESTEP. .HIGHLAPID 16.SUt1t1IT HILL 17. o0��trlTO�«r{ 2 � 1 � �� . _,--.._..... ......_.... , `i��L-_ : �'a �::: �� ` !�� ii � , ``�� . , �� , �� ' `� i ��c � 1 _ r �_� � > � ' : r� -� _ � - �I � ; / ` r . i � �I ; I� ; � � � �. - G RO V E L A td D— h1AC AL E S 7 E R . ...... ., i ....... DISTRICT 14 � )'�A Y�. ....• n /[. �� .� - i � � �� o� -9�tY � 5 COLLEGf � � � . � . . • e . • � � . . • ' y � . � � i�; ( i �■ � � . . . �,TG7� . . . . . � s ; . . . '' -�— . � — . • � ��•'� � • • � � � � • • • • � . � • • � � � � 4 •' • • • f • u �� . l►1�� --- ;�.�s� ._.- 1� �'� � . ��.,- .�:., . . � ., � . . , � �i�.,�� . �� '� . S�•• •�• •�� : . �� _ ��#��i� • • • • • • � • • �) • • • � ,�� _ � �. (1i' ' �� iid ZD O �� GtSY P1.ANNIN6 80ARD OP ST. aAUL DRG:tiO. 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I�uwumum � , _� � �• � %1J 1 � . "'�._(1 � � � � j � � � �� _ � ' 17t �,li ' �� i �� 5 a - �� : � � „� i �' ; � �f, iff�� i S'� �', 1 �/��.� � f .. �'� 3 � �L ,, 1 . � _,. . � � , i ��!!.� � �', �� _ ,� ti , x n* , �►; �i ��;,t{ E� , i , i �il ` „ �1 ' k � ��`i�i�� i '� w`�� Stlli i�� CouncilFile# OC�9`'1� oRi��a� Presented Referred To Green Sheet # � O(o O O �7 Committee: Date 2 Whereas, Saint Paul's Outreach, zoning file no.00-132-464 and pursuant to Legislative 3 Code § 64300(g), made application to the Saint Paul Planning Commission (hereinafter the 4 "Commission") for a similar use determination for property located at 1977 Grand Avenue and 5 legally described as noted in zoning file no. 00-132-464; and 7 Whereas, the Commission's Zoning Committee conducted a public hearing on July 20, 8 2000 after having provided notice to affected properry owners and submitted its recommendation 9 to the Commission. On July 28, 2000, the Commission granted the application based upon 10 findings and conclusions which were reduced to a writing in Commission Resolution no. 00-49 11 and dated July 28, 2000 and which is attached hereto and incorporated herein by reference; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Whereas, pursuant to the provisions of Legislative Code § 64.206, Larry Starns duly filed with the City Clerk an appeal from the determination made by the Commission and requested a hearing before the City Council for the purpose of considering the actions taken by the said Commission; and Whereas, the City Council, acting pursuant to Legislative Code §§ 64.206 - 64.208, and upon notice to affected parties, conducted a public hearing on September 6, 2000 where all interested parties were given an opportunity to be heard and where, at the conclusion of the testimony, the matter was laid over for the purpose of gaining additional information from the ciTy attomey's office; and Whereas, on September 13, 2000, having received additional information from the city attorney's office, 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 Comxnission, the Council, does hereby Resolve, that the decision of the Commission in tlus matter is hereby reversed based on the following: The Commission ened in finding that this use is similaz to a"convent " The Commission's premise was based on fmding that the use was a"lay religious community" because its participants adhered to a prescribed framework of religious and life style standazds under the guidance and control of an oversight ministry that was sanctioned by the archbishop. These facts do not warrant a determination that Saint Paul's Outreach is similar to a convent. RESOLUTION CITY OF SAINT PAUL, MINNESOTA oa_qyr 0 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. The facts support a conclusion that the use is a`Yeligious retreat" T'he testimony shows that Saint Paul's Outreach is associated with the Archdiocese and that it e�sts under the authority of the Archbishop. Written materials subxnitted by Saint Paul Outreach's specifically state that it is a lay society with a commihnent to furthering the mission of the Catholic Church. However, it is significant that participants in the program are lay people. Program participants aze not clergy who have taken vows and who traditionally would live in monasteries or convents. In addition, program participants aze not seminarians. Participation in the program is an avocation and not a vocation. Because the program participants do not take vows but do otherwise participate in a program which offers an ordered lifestyle of prayer, study and fellowship with other persons similarly situated and is reco° ;'ed by an organized chutch, this use is factually more in keeping with a "religious retreat " 3. The Plauuing Commission also ened by not evaluating the use as a religious retreat under the special condirion use permit in procedures in Legislative Code § 64.300(d). And Be It Further Resolved, that the appeal of Larry Starns is hereby granted; And Be It Further Resolved, pursuant to Legislative Code § 64.207 that the application of Saint Paul's Outreach be returned to the Planning Commission with directions to prepare a new application to consider this use as a"religious retreaY' permitted subject to the provisions of Legislative Code § 64300 (d). And Be It Finally Resolved, that the City Clerk sha11 mail a copy of this resolution to Larry Starns, Saint Paul's Outreach, the Zoning Administrator and the Planning Commission. ORl�INAL Requested by Department of: By: Form Approved by City Attorney $ q ��cw�- �1 2�'�Oo Approved by Mayor for Submission to Council � �� a _ - '- ' �� _�� _ / . ��fj/ �� i_f�l �: Adopted by Council: Date �� S.'11� t Adoption Certified by Council Secretary oo-q�{p' Peter Wamer 266-8710 �T BE ON COUNCIL AGENpA BY (DA7� October 11, 2000 - Consent ��,.�:. � TOTAL # OF SIGNATUR$ PAGES GREEN SHEET cF�Y�IBIf Y�IiCfan No 106070 e,vem.c.. ❑ CJfYAi�M1EY ❑ CRYCtifl[ _ ❑ wwWa�ane�eFaauu. ❑ wuulcumm�xro ❑wvo��aiwwrurt� ❑ (CLP ALL LOCATIONS FOR SIGNATURE) Memorializing City Council acfion taken September 13, 2000, granting the appeal of Larry Stams to a decision of the Plauning Commission allowing a determination of similar use for a private association of Christian faithful housing up to seven unrelated adults at 1977 Grand Avenue. (Public hearing held September 13, 2000) PLANNING COMMISSION CIB COMMITfEE CIVIL SERVICE COMMISSION � IF Hesmu r+�aw�mm� e�e.wo�a u�Wer a w�va�+ra mis aepsnmenn VES NO tlae tlds P�� ever been a dty emdoY�� YES , NO Ooec th's pwsaJfirm pwseca a sldll not nameliyposeesaetl by any arreM clty employee') YES NO Is Mia pasdJlrtne terpBteE vendoR YES NO Yein atl vec anwre�a m aeoaiate sheet end aCaeh b nreen sheef COSTrttEVENUE BUWiETED (CIiiCLE ONE� ACTM7Y NW WER YEE NO ✓ CITY OF SAINT PAUL Norm Colemnn, Mayor September 29, 2000 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Appeal of Larry Starns (Saint Paul's Outreach) Zoning File No. 00-132-464 City Council Action Date: September 13, 2000 Deaz Nancy: OFFICE OF THE CITY ATTORNEY Clayton M. Robinson, Jn, City Attorney Q Q .. q f� �/ Civit Division 400 Ciry Hall Telephone: 651266-8770 15 West Kellogg Blvd. FacsimiLe: 65l 298-5619 Saint Paut, Minnuota 55102 Attached please find the signed original resolution memorializing the Council's decision to grant the appeal of Larry Starns in the above referenced matter. Please place this resolution on the Council's Consent Agenda at your eazliest convenience. If you have any questions, please don't hesitate to contact me. Very truly yours, .,��G✓G�� Peter W. Warner Assistant City Attorney PWW/rmb Enclosure ca Jay Benanav, Councilmember DEPARI'MENT OF PLANNING & ECONOMIC DEVELOPMENI' O� —g�{ 8� � C;ITY OF S�NT PAUL Norm Coleman, Mayor August 22, 2000 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Divis�an ofPlannmg 25 WestFourth Street SaintPaul, MN55102 Telephone: 612-2666565 Facsimrle: 612-22&3314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday September 6, 2000 for the purpose of considering Larry Starn's appeal of a Plamiing Commission decision allowing a detennn�ation of similar use for a private association of Christian faithful housing up to 7 unrelated adults. Applicant: File Number: Purpose: Address: Legal Description of Properiy: Previous Action: Larry Starns #00-140-435 Appeal of a Planniiig Commission decision allowing a detemunation of sunilar use for a private association of Christian faithful housing up to 7 unrelated adults. 1977 Grand Avenue. See file. Planning Commission Recommendation: Approval, vote: Unanimous, July 28, 2000. Zoning Committee Recommendation: Approval, vote: 4-1, July 20, 2000. My understanding is that you will publish noUce of the hearing in the Saint Paul Legal Ledger. Please ca11 me at 266-6559 if yau haue any questions. Sincerely, �ame�� Cltj' P]8llriei cc: File #00-140-435 Paul Dubnuel Cazol Martineau Peter Wamer . ��,.. ' � MOTiCE OF PUBLIC HEARiNG .Ttre Saint Pavl Qty Council tvfIl con- duct- a public hearing on Wednesday, September 6, 2000, at 5:30 p.m: in the City� Covncil Chambers, 1Rird Floor City Hall, 15 WesY Kellogg Boulevard, Saint Panl, MN, fo �consider #he appeal of Larry STazns .to_a decision of the Planning Commission ailowing a detP of sim7l��u nse for _a private association, of ChrLStian faiThful honsing up to seven ('n unrelated adults at 1977 Grand Avenue. Dated: August 25, 2000 - NANCYANDERSON - ' - Ass�lstanY LSty Cbcvtc�l Secretarg ` (Aagtist _____ ST. PADL 7F.(iAI. I�DC�R.- = - Q2011538 . � � � DEP.4R'IMEN'C OF PLA\?lI�G & ECONOMIC DEVELOPMENT AINT •AUL � AAAA G`ITY OF SA�]T PAUL Norm Coleman, Mayor August 23, 2000 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning Pile #00-140-435 Lazry Stams Division afPtam+ing 15 WestFourth Sneet SaintPau{MIv SSIO2 Oo �5�t�' TeZephone: 61 b26G 6565 Facsim:le: 612-22$-3314 Ciry Council Hearing: September 6, 2000, 5:34 p.m. to 6:30 p.m., City Council Chambers puroose: Appeal a planning commission decision approving a detennination of similaz use for a private association of Christian faathful housing up to 7 unrelated aduits at 1977 Crrand Avenue. PlanninQ Commission Recommendation: Approve, vote: Unanimous. • ZoninQ Committee Recommendation: Approve vote: 4-l. Staff Recommendation: Approve. Public Hearui¢ Testimonv: Supnort None. O000sition: Two residents spoke against the detemunation of similaz use. District Council: The Macalester Groveland Communiry Council recommended approval of the determination of similar use. Dear Ms. Anderson: • Tlris appeal is scheduled to be heard by the CiTy Council on September 6, 2000. Please notify me (266- 6�59) if any membex of the City Council wishes to have slides of the site presented at the public hearing. Si �� .c�ilYL Crty Plann cc City Council members . � . a-�� APPLICATION FOR APPEAL • '�� +1 '�{ Depanment of Planning and Etonomic Dwelopment `� J� Zoning Section �� iI DO City Hall Annex 25 i3'est Founh Sireer Saint Paul, MN SSIO2 166-6589 APPELLANT Address �9�0 �StitMM� R �E�1G/E� City �.��v1L St/hn/Zip S�S/oj'Daytime phone l� 7Z5�/ PROPERTY Zoning Fite LOCATION . , , ., TYPE OF APPEAL: Appiication is hereby made for an appeal to the: �' Board of Zoning Appeais �ty Council � under the provisions of Chapter 64, Section �G , Pa�agraph � of the Gode, to appeai a decision made by the �GA-r✓�� orriMSYf��/ r on �Gl�-J ?�, , � (dafe of de isio� number: d0 --- /3L.�� GROUNDS FOR APPEAL: Expfain why you feet there has been an error in any requirement, permit, decision or refusal made by an administrative o�cial, or an error in fact, procedure or finding made by the Board of Zoning Appeais or the Pfanning Commission. • -- ,�L��.' .�- � � Cl.i/��v% ,j — �J �L � Atfach adddional shest if necessary) AppficanYs / � Date �� U�City agent � V �( �, � � 1 � `�� tARRY D. STARNS ♦�♦ '1950 Starenit A�enue � Saiirt P�l, NFnn�da SStOS1460 Hortte Phone (651) 69�729� � Em�l I.dst�rs@�nrorldnd.alY.r� August 16, 2000 City Council of Saint Paul C/o Department of Planning and Economic Development Zoning Section 1100 City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 Re: Saint Paul's Outreach Application for Determination of Similaz Use File No. 00-132-464 Pernut Issuance / Mailing Date: August 4, 2000 Dear Sir or Madame: Please find enclosed a completed Application for Appeal to the City Council of the Decision of the Planning Commission together with attachments in the above-referenced matter. I am aiso submitting a check in the amount of $150 for the filing fee and am servin$ a copy on the Applicant this date by first-class U.S. Mail. Thank you for considering my appeal. Very truly yours, � ��'� Enclosures c.c. 7ohn Rodriguez, Applicant Rev. Harry 7. Flynn Kathie Tarnowski �� _q�tY � (Attachment to Application For Appeal of Larry Starns — August 16, 2000) � APPLICATION FOR A.PPEAL OF PLANNING COMMISSION DECISION Jurisdicteon: Zoning Code Chapter 64, Section 206, Paragraph (a) Venue: Ciry Council Decision Date: Tuiy 28, 2000 Permit Mailing Date: August 4, 2000 File Number: 00-132-464 Grounds for Appeal: 1. Eaor in facts and findings in the determination that the AppIicanYs use is similaz to a convent based upon staff intetpretation of an earlier similar use deternunation in Planning Commission File Number 92-59. � 2. Error in facts and findings in the determination that the Applicant's status is similaz to that of a permitted use, a"convent." 3. Esor in facts and findings in failure to properly enforce the Code by failing to characterize the use as constituting a violation pursuant to Section 64.502, a misdemeanor. 4. Error in facts and findings in failure to find the existing violating use to be a pnblic nuisance per se pursuant to Section 64.503 and ordering proper sanctions in lieu of condon'ng the violation of the Code by issuing a permit, thus setting a dangerous precedent for future Code violations. 5. Eaor in facts and findings in violating the irnent and gurpose of the Code; including, but aot limited to, failing to: promote the general welfzre of the community, provide convenient access to properly, promote conservation of property values, prevent harmful encroachment by incompatble uses, avoid undue congestion of population, establish a reasonable standard to wluch uses shalI conform and provide penalties for violations ofihe provisions of the Code as required by Section 6Q.102, subparts <i), (5),(�, ('�, (9), (10) and (15). • 8o-q�tY • Page 2 6. Eaor in facts and findings in failing to give due consideration ofthe conteat ofthe collective, contemporaneous proposed wning changes in the same residential community in violation of Code Section 60.101(�. 7. Eaor in facts and findings in failing to properly consider the precedential effect of the pernutted ciassification on the tax base of the City and the resultant negative incremental impact on existing properry taapayers in the City, present and future, m violation of Code Section 60.101(1). Finding of Determination of Similar Use The Planning Commission has erred in its determination of similar use by improperiy comparing the Applicant's current use to an earlier use which more closely resembles that of a permitted use: a convent. Standing on its own, irrespective of Archdiocese support, the Applicant's use is not similaz to a convent, and thus is not a pernutted use. • � 1. Lack of Similarity to Use Permitted in File l�iumber 92-59 As the record reveals (see Finding number 1 paragraph 4 of Council Resolution in File #92-1832, received by Zoning on 12-22-92 and attached to current Zoning Committee Staff Report in File 00-132-464), the eazlier use that was determined to be similaz to that of a convent (and thus deemed permitted under the Code) was based upon facts and fmdings materially different than those in the present Application. The previous Council decision found that the unrelated individuals consisted of persons who were to be sub,}ect to the following extensive, restrictive material characteristics: 1. "Archbishop Roach expects to issue a formal decree recognizing the applicant as a public association of the Archdiocese within several weeks ... under the authority of the Archbishop," 2. "are expected to become diocesan priests . .. The first xnember will be ordained as a priest in two years and the remaining five will be ordained over the neat five years." 3. "range in age from 24 to 37, and 4. "This pazticular location is desired by the applicant so that members can walk to the seminary."(Emphasis added) Cleazly, the degree of commitment of the applicants as well as the Archdiocese, together with recognition by formal decree, the direct supervision, proximity and direct association with the church were material factors in the case of the Companions of Christ in sharp contrast to the formation group currently requestina status as a convent. In contrast, in the current Pianning Commission Resolution, it is stated: "The organization is fornnally recognized and operates under the ecclesiastical vigitance of the � Archbishop of Saint Paui and Minneapolis." (Emphasis Added) FinaAy, in the case of the Companions of Christ credib$ity was boLstered by the fact that they requested City Page 3 • authority priar to closing on the property. In the case of the present Applicants, the iliegal use has eausted for over three years. 2. Similarity to a Convent As stated in the record, this proceeding invoIves Planniug Commission reviewing the statas of an entity called a"formation household," not a convent. A convent is defiaed by the previous Councii decision at finding 3, paragraph A. as "A community, especially of nuns, bound by vows to a religious life under a superior." (Emphasis added) The definition cited aLso refers to "a candidate or novice." The findings ofthe Councii in 1992 aLso included the following guidance: "the proposed �tue is associated with ihe Archdiocese and under the authority of the archbishop; individual members may become associated with particular churches following ordination. "(Emphasis added) Cleazly, the earlier finding of similarity to a convent was cazefuIly and accurately based upon material facts not found in the current App&cants' con&guration as a mere affiliate of the Church. The current Resolution also bolsters ttus interpretation by quoting a definition of convent that states: "a local community or house of a religious order or congregation, " implying a distinction with the lay community members of Saint Paul's Outreach. Furthermore, it is interesting to note that while the present Resolution distinguishes these • forn�ation houses from monasteries due to the fact that "its residents aze not living under strict religious vows, "(Emphasis added} nevertheless those vows aze an integral and essential part of a nun's life commitment and status, and so of a convent. While the individuals who wish to live together may possess genuine commitment to Christ and the Church in their hearts, they cleazly do ttot qualify as a convent and are not entitted to benefit from its special statvs given their lack of forma� coaunitment to and oversight by the Archdiocese. Irrespective ofthe Archbishop's ecclesiastical and personal support of this group, they nevertheless are not yet under his ecclesiastical authority because there aze no enforceable bonds or vows upon wIucfi to establish standards of conduct and sanctions as with the clergy and nuns. It is interesting to note that while in a conciusory manner the Archbishop states that "The formation households that Saint PauPs Outreach sponsors aze simiIar in kind to religious houses of formation, uovitiates, and convents," in fact, he indicates that this is merely a "Lay ministry," clearly demarcating it as a goup of secular individuals and not the ministry. He also states "Many young people have moved on from Saint Paul's Outreach formation households to enter formal religious orders and priesthood. " (See Ietter from tiie Archdiocese of Saint Paul and Minneapolis dated 7uly 17, 2000) (Emphasis added)_ As noted by Margazet DiBlasio in her letter with faY date of 7uly 26, 2000 and addressed to the Planning Commission, there is a connection between the special status given the clergy and convents by virtue of their direct oversight by the Church and its canonical � � _q�tY • Page 4 laws. This forms the basis for allowing groups of unrelated individuaLs whom otherwise might not follow the community morals to live in close association with traditional families. 3. Misdemeanor Violation Section 64.502 (Violations) ofthe Code specifically states that "Any person, firm or corporation vio2ating any of the provisions of this code sha11 be guilry of a misdemeanor. " It is clear from the facts in the zecord that this Application resulted from the Planning Commission's decision to invite the Applicant to avoid penalties by filing for a"Detemvnation of Similaz Use." The Commission has failed to enforce the law as stated in the Code, its first charge, and instead bas preemptively attempted to ratify an existing violation in derogation of that responsibility. This all occurred without notice to the neighbors affected until the context of ratification was in place, a violation of due process for those in oppositioa 4. Nuisanceperse • Section 64.503 (Public Nuisance) of the Code specifically states tt�at "any use of premises or land which is begun or changed subsequent to the time of adoption of this code and in violation of any provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction." The Applicant's current use constitutes a nuisance per se hased upon the facts in the record. It is a violation of the Commission's duty to enforce the Code to condone such a use by ratifying it through a"Determination of Similar Use" after the fact and in the face of neighborhood protest. This is a violation of the due process rights of the other neighbors who, by virtue of the after-the-fact reclassification, will be unable to prevent enforcement of the law so as to avoid continuing efforts to use preemptive tactics and City grocedures to reclassify the uses and wning classifications they rely upon at the time they make the commitment to purchase properties and pay City and County taxes and assessments. 5. Intent and Purpose of the Code The Code is the law of City development and use. It should be enforced, albeit with some just�able exceptions that are cIearly articulated, understood and fairly meted out, when to do so is in the interest of the community. The use being proposed for rat�cation by the Applicants is clearly not within the zone of exceptions allowed by the Code and wiil be an unfair and unreasonable imgosition on the neighborhood as it will weaken the exceptions allowed for unrelated adult occupancy of single family dwellings, the � predominate use of this portion of Grand Avenue and abuning Summit and Lincoln Avenues. The record reflects (most notably in the comments of Alyssa Rebensdorf sent to the Commission via e-maii dated Ju1y 28, 2Q00) the likely effects of continued Page 5 • use by the Applicant. Additionally, as ahsentee laadlords acquire more single family residences, such as with the Applicant, a"domino effecY' will begin to transpire. Houses will cease to be inhabited by single families and the neighborhood will turn over to predominately commercial (rentaI) use. The Code's stated this process thwarts intent and purpose and the Planning Commission should exert e�rtreme vigilance in guarding flie e�cisting conforming uses. Clearly, added population created by these changes in usage of single family dwellings will not pmmote the welfare of our community, will restrict convenient access to our properties, will erode property values, wi11 constitute a hazmful encroachment by incompatible uses, witl constitute an undue congestion of population and wiIl consritute an unreasonable standard for conformance of uses and, finally, will obviate the purpose of penalties for failure to comply with the Code. 6. Contestual Anatysis / Cumulative Effects Presently, Planning Commission staff is being consulted by and is assisting three separate zoning reclassification requests within two blocks on Grand Avenue. These include the property at 1977 Grand, the Thomas Liquor Store (located at 194 t Grand) request to raze two residential dwellings located at Prior and Grand Avenues, and the University of Saint Thomas massive expansion project which, if approved, will consume two entffe blocks of Grand and Summit Avenues between Czetin and Cleveland Avenue. (See additional . attachments) To this appellant's knowledge two facts are common to all of these requests: 1. Property has been acquired prior to approval without notice to the commnn2ty, and 2. The City is reviewing these independently of one another without true °`pianning" analysis to detemvne whether the cumulative unpacts will pose more bazms than the proffered good being espoused by each individual applicant separately. Tfie scenario is exceedingly grave given the tikely negative impacts of each, let alone iheir combined effects, on what is presently a predominately single-family-dwelling community. Only the Planning Commission, with its abiIiry to focus on aU proposed uses, can observe such cumulative requests and impacts and give Lhem the proper scrutiny and analysis. Most property owners located within the wne of impact will likely be unawaze of these proposals and, even if so, incapable of defending lus or her interests in what has become an Applicant-friendly, front-end-loaded process lacking sufficient scope ofnotice to affected neighborhoods. By failing to bring proper contextual and cumulative impact analysis into the process, tke Commission has failed to obtain an adequate factual basis for and accurate assessment of the impacts of its decision. � � �a � • Page 6 7. Tas Base Erosion Of the three contemporaneous reclassification reqnests referenced earlier, two wilt take property off of the tax rolls. This is one of them For many years slow erosion of Saint Paul's t� base has been tatn� place, pazcel by pazceL How long can the Plznning Commission keeps allowing this before a crisis is at hand, both from the standpoint of sources of taxes as well as undue and unfair taxation of the remaining tax paying property owners? Is it not a central mission of any planning agency to pmmote the economic health of the community? In fact, is not the economic health of our community essential to the community's general welfare? � � � July 10, 2000 Dear l�ieighbors and Friends, I chose my salutation thoughtfully because it is the hope of the Thomas family that we aze not only neighbors but friends as we1L To eazn your respect and friendship it has always been the policy of our business to: 1) operate our business in the utmost respansible maaner, and 2) be sensitive to and respectfiil of our neighbors. As you undoubtedly know by now I am applying to the city to rezone the property across Prior to the west of my business. The purpose of the request to rezone firom resideniial to P1 is to fulfill a critical need for parking for my bvsiness and The neighborhood. I know that my plans k�ave been discussed among neighbors. I thought it would be appropriate to have a meeting to show you our pIan, exptain it, and ask for your input. The meeting witl be Monday, July 27 at 7:00 pm at our home at 2126 Iglehart. I would be happy to pmvide transportation for anyone in need of a ride. You can call me at the store (699-1860) or at home (644-6058). My guess is that the meeting will take less than one hour. Jim Thomas and family r yo s G;�� i�� t9-fl Grar:,� �ver.,:� - S�Er.; P!:.!. yt::ti:zsora 5�1c75 (G:') (>c;'_? :, �� A newsletter for neighbors af the University of St. Thomus �a =9�EY July 2000 Revised Plans for campus exPansion to be presented to task force flug. t; you're invited St. Thomas will present revised plans for iu Sununic Avenue expansion project to a Macalester-Groveland Community Council task force on Aug. 2. The 7 p.m. meecing will bc held in Rice-Olin Hall ac Macatescer College. Commenu will be accepced both from the general public and che task force, which indudes members of the communiry council's board and residenu who live on blocks �adjacent to the expansion area. Representacives of St. Thomas • . . : . . . . . . . . . . . . . . . . . . . . . • . ��j Bring che kids for free gony rides, face paincing and a clown balloon aztist! Let loose and ha�e fun Rain site: Nfurray-Herrick Campus Center and Opus Archicects & Engineers presented initial concept designs for tiie two-block azea bounded by Summic, Cleveland, Grand and Cretin avenues at a May I O task force meeting. Those designs envisioned five arademic buildings on Summic and a series of Grand apazcmenc and townhouse buildings for up to 500 students, faculry and staff. The designs also showed pazking under che rwo blocks for up to 2,000 cars> depending on rhe size of a ramp. Tazk force and public reaction to rhe designs was mostly negative at the meeting. People objecced co the pcojett's densiry — too many build- ings on Summit, coo many residen- tial uniu on Grand, too many vehicles on surrounding streeu and too many pedesaians crossing Summit. Sc. Thomas and Opus have spent the last two months revising the plans with a goal of reducing the Continued inside • ��e�� • • It�s Mardi �ras in Au9ust! . Join us for our annual Neighborfest celebration • . . 5:30-7:30 p.m. Thursdar,Au9 3 : on St. Thomas' Fotey Plaza ; Tap your toes to the Bourbon Boys ... : Get "fac" on Thursday wich free ice cream cones, cotcon candy, lemonade and popcorn ... ; $cay out of che ho� kitchen and let UST do the cookin' ... � � Available for purthasr. New Orleans-sryle chicken, • hot dogs, burgers, brats and che ever-popular pickles on a stick ... : . . . . . : : ... .� ...................................................... Revised plans feature fewer buildinqs, qrea�er setacks, more �reen space Conrinued from Page 1 urban universiry campuses across the ment worksheec review, afcer which � country," he said. "I am convinced Sc. Thomas will make additional projecc's densiry. The new plans will our plan wi]] reduce — noc encourage changes to che plan before submit- show fewer buildings, greater secbacks from all Four sueeu, fewer pazking spaces and more green space. The first phaze of che expazuion will deal only wich the block east of Finn Sueec. St. Thomas hopes to conscrucc cwo buildings on Summit, for undergraduate business and music educacion, az well as residen- cial unizs on Grand. Preliminary pazking plans call for up to G00 spaces on cwo underground levels, wich access from Cleveland and Finn: The Rev. Dennis Dease, presi- dent of St. Thomas, told che cask force in May that contrary to messages on signs in the neighbor- hood, the expansion projecc is an effon to limit "campus sprawl" by concentrating new buildings on che cwo blocks. He poinced oac chat rhe St. Pau! Ciry Council, in signing a 2990 _ Special Condition Use Permit with Sc. Thomas, acknowledged the universiry would continue to pur- chase properry in the two blocks. The city document also notes Sr. Thomaz' interest in redeveloping the two blocks because they aze a natural link between the main campus north of Summic and the former St. Paul Seminary caznpus. Dease also said he does noc expect the expansion projea will lead co significant enrollmenc increases, as some people fear. The project's primary purpose, he told che tazk force, "is co provide beaer facilities for programs thac today aze in substandard faciliLies and more housing and parkina on campus." "I have seen `campus sprawl' on — campus sprawl." St. Paul campus enrollment dropped chroughout the I990s as St. Thomas moved izs graduate programs in business, education and professional psychology to che Minneapolis campus. Overall enrollment in Sc. Paul hic a high of 8,712 scudenzs in 1991 and de- creazed 1G percenc, co 7>314 scu- dents, in 1999. Undergraduate - enrollment in St. PauI has been scable in that time — 5,132 in I991 and 5,153 in 1999. Sc. Thomas hopes co submic a_ preIiminary plan to che ciry chis fall. The ciry will hire a consuIcant to condua an environmencal assess- ting it to the ciry ne�ct year for . formal review. The St. Paul Planning Commis- sion must approve a new SCIJP, which escablishes heighu and setbacks for new construction> seu a cap on enrollment and decermines che number of required pazking spaces. The Sc. Paul HeriLage Preser- vauon Commission must approve requesu co raze buildings and to construcc new buildings on Summic because the avenue is in a historic distritt. Decisions by either commission can be appealed to the St. Paul Ciry Council. lohn Roach tenter for the Liberal flrts to 6e dedicated fept. t� � Aibercus Magnus Hall, which for hatf-century served the Universiry of St. Thomas as a center for science, has a new interior, a new purpose and a new name. The renovaced Summit Avenue landmark is now che John Roach Cenrer for the Liberal Ans. The center is named for Archbishop John R Roach, who retired from active miniscry in 1995 aEcer nearly 50 years of service co rhe church, including 20 years as archbishop and chairman of the St. Thomaz The $9•8 million reaovation projecc lefr the exterior of the Collegiace Gothic, Mankato stone scruaure only slighdy changed, but che incerior was gutted and rebuilc. Sc. Paul-based McCouah Conscruc- tion, which built Albertus Magnus Hall in 1947, began work on the renovation in July 1999 and finished ahead of schedule (and sliandy under budget) in May 2000. When che building opened 53 years ago it was hailed as one of the ueas leading science faciliues. Ic originally was named for St. Alben rhe Great, rhe "Universal Doccor" who was Sc. Thomas Aquinas' ceacher at Cologne and Pazis. Prior to the opening of Frey Science and Engineering Cencer � rhree years a�o, Albertus Magnus HaII was used primarily by the Continued on the next page boazd of truscees- � city of saint paul planning commission resolution file number o0-49 date 7-z ao—�� WHEREAS, Saint Paul's Outreach (File 00-132-464) has applied for a Determination of Similar Use £or a private association of Christian Faithful housing up to 8 unrelated adults for property at 1977 Grand Avenue, legally described as (see file); and WHEREAS, the Zoning Committee of the Planning Commission on 07/20/00 held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WFIEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee aC the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. Saint Paul's Outreach is a not-�or-profit 501(c)3 organization involved in the work of evangelization and ministry to university � students and young adults in the Twin Cities area. Tne organization is formally recognized by and operates under the ecclesiastical vigilance oE the Archbishop of Saint Pau1 and Minneagolis. An integral part o£ the organization's ministry is the formation of young adults through community livina in one of its five households, such as the one at 1977 Grand Avenue. These "formation houses" afford the men o- women in residence the opportunity to receive training in Christian living in the context of a supnortive environment that allows for pracer, study and fellowship. The formation houses are an example of the Catholic faith's increased emphasis on new organizational structux'es supgorting Che spirituality of lay people. The residents have a commoa pattern of life that includes prayer, Mass, meals, shared chores and other acti��ities. Each formation house has a house leader who provides adninistrative and pastoral leadership for the other residents. Acceptance into a formation house is based on a written application to Saint Paul's Outreach. Applicants are reauired to submit letters of recommendation and are interviewed by a pastoral team. Applicants are judged on their commitment to C'r.ristian life and their social skills. Current zesidents at 1977 Grand P.venue include students and working professionals. moved by Field seconded by in favor Unanimous � against The property at 1977 Grand is a four bedroom three bath bungalow. Off- street parking consists of a two bay garage, a one bay garage and three � spaces on a parking pad. 2. Residency in a dwelling unit is limited to one family. A family , is de£ined by the zoning code as a maximum of four unrelated adults. Tne code's definition of family, in its entirety, is: � "One or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereof) together with r_ot more than two (2} persons not so related, Iiving together in the whole or part of a dwelling comprising a singZe housekeeping unit. Eve= additional group of four (4) or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of this code." 3. The intent of the RM-2 Multiple-Family Residential District is "designed to provide for more extensive areas of multiple-family residential development as well as uses related to the multiple-family residential districts, or uses which serve one-family residential needs and require more extensive sites. The RM-2 District is further provided to permit comprehensive development of a multiple-family project so as to establish a balance of population concentration as related to major thoroughfares and transit, and related facilities." Permitted aad special condition uses in a RM-2 district include a11 permitted and special condition uses in R-1 through P.-4, RT-1, RT-2 and � RM-1 districts which would include convents, monasteries, rooming houses. Possible uses in the zoning code to which the proposed use might be similar include: y. The proposed use mignt be considered similar to a convent. "COnvents, rectories and parsonages, a11 when associated with a church, chapel, syazgogue, temple and other sirilar house of worship" are permitted uses in a RM-Z district. A convent is generally considered to be a nuns residence buL the term is occasionally applied to a group of religious men or priests. webster's New Collegiate Dictionary defines co^_vent as "a local community or house of a religious order or congregation; esp_ an establishment of nuns." While the applicart`s use does not reflect a traditional religious order, it does represe^t a 1ay religious community that operates under the guidance and control of an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed fra�ework of re2igious and lifestyle standards, and fosters those religious standards through an open communal living arra�genent. Tnese characteristics are similar to any male or female religious order within a convent living arrangemer_t. b. The proposed use r:ight be considered similar to a conaste-_y. "Monaster;es and religious retreats, all �vhea zssociated �:ith a � church, chapel, s-�agogue, temple and other si�ila- house of worship" are perr,:itted in a RM-2 district as a special co^dition � ,� - a�-4�Y � use; specific conditions are not listed. Webster's New Collegiate Dictionary defines monastery as "a house for persons living under religious vows; esp: an establishment for mon.ks�� The term "monastery" �mplies an isolated and somewhat self sufficient retreat. The proposed use is r.ot an isolated zetreat, its residents are not monks and iEs residents are not living under strict seligious vows. �. The px'onosed use might be considered similar to a rooming house, because it involves more than £our un=elated adults• However, a rooming house is generally open to members of the public, regardless of any group or religious affiliation, and does not involve a commitment to religious and communal life. Rooming houses are first permitted in a RM-1 district as a special condieion use. Applicable conditions are: 1. Minimum lot area of five thousand (5000) square feet be provided for the first two (2) guest rooms and one thousand (1000) square feet for each additional guest room. z. One off-street parking space for every two (2) facility residents. � 3, Permission for special condition use applies only as long as the number of residents is not increased and its licensing, purpose or location do not change ard other coaditions of the percnit are met. � 4. Section 64.300(g) of the zoning code states, "when a s�ecific use is not listed in the district the planning commission shall determine if a use is similar to other uses permiCted in each district. The planning commission shall make the following findings in determining whether one use is similar to another:" a. That the use 1s similar in character to one or mo-e of the principa2 uses permitted. The proposed use is similar to a convent. P�hi1e the applicant`s use does not reflect a traditional religious order, it does represent a lay religious community that operates under the guidance and control of an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed framework of religious and lifestyle standards, and fosters those religious standards through an open communal living azrangemer_t. These characteristics are similaz to any male or female religious order living within a convent. b. That the traffic gererated by such use is simi2ar to one or more of the principal uses nermitted. This finding is met. The traffic generated by the nroposed use is similar if not less than most uses in a RM-2 district. The trafiic 5 enerated by the "fo�'mation house" will consist of rzsid>_ntizl trips. The low tra-Lic volumes geaerated by the "formatior_ house" nake it � com:oarable to smaller scale apartment facil`_ties. c. That the use is not first permitted in a less restr=ctive zoning district. This finding is a£firmed. d. That the use is consistent with the comprefiensive plan_ This finding is met. The 1999 Land Use Plan, policy 5.1.1, - highlights the following urban village principle, "Good neighbozhoods have commercial, civic, and institutional activity embedded, not isolated in remote, single-use complexes." Therefore, Be It Resolved, based on findings 1 through 4, the Planning Commission approves the determination of similar use application for a private association of Christian faithful housing up to 7 unrelated adults at 1977 Grand Avenue with the condition that a minimum of 4 off-street parking spaces be provided on site. _ � • r� LJ Zoning Committee Minutes July 20, 2000 File #: 00-133-d64 Page 2 James Toscano, President of Summit Avenue Residential Preservation Association, appeared in opposition. He noted that St. Paui`s Outreach is a noncanforming use of the house. The house is in deteriorating condition. The garage is not used for parking, but rather for stnring a pooi tabie, weighf lifting set, and other miscellaneous artictes, so 3 cars are parked along the alley on their property, not in the garages. 'they have parties with family and friends coming to visit, He atso stated a precedent woufd be set because fhis is not a Catholic Convent; they don't take vows of obedience, chastity, and poverty; and some of the men work and contribute to the house and, do not minister to the students. The students who are working pay rent like a rooming house. This is a gathering of people living together to live according to a rufe; that is not an order however, because they don't take life-time vows. There may be other groups applying for Determinations of similar use under the pretense they are Christian fraternities. Edwin M. Nakasone, 1995 Grand Avenue, appeared and stated there is a parking probiem with S people living in the home and the garages not being used for parking. • Mr. Rodriguez appeared and stated 5 cars is the most they have had at one time. Right now � the men own 4 cars. Three are parked in the back, and one cac is parked '+n the street. They have never received a trash complaint. There are three large trash bins and one bin has 3 slots in it for recycling. There are family gatherings but they are quiet and not considered parties. � Currentiy among the 7 men living in the house, none of them are empioyed or students. One of them is a member of the staff, the other 6 men are participating in a program of fu!(-time formation that involves going through the catechism of the Catholic Church and engages them in youth activities at locations other than the property. After a compiaint two years ago, they will now hold substantiai gatherings af more appropriate off-site locations. At the question of Commissioner Field, Mr. DeMarais explained that in Catholic tradition formation houses are piaces where people live in a family type environment for a period of time in a focused way, growing in an understanding of their faith, and their ability to live out ffieir faith. There is an element in formation houses thaf has to do with vocational discernment with a fairly described pattern of family life with an orientation fowards growing and understanding their faifh in preparation for a vocation. Upon question of Commissioner Faricy, Mc. Ftodriguez stated the garages are usable and they have not used them for cars because there is sufficienf space for parking. They are pianning to take some of their storage ofF-site and use the garages for parking. Upon further question of Commissioner Field, Mr. Rodriguez stated they would be agreeable to using the garages for parking cars. The public hearing was closed. At the question of Commissioner Field, Mr. Torstenson stated that the Pianning Commission � may impose reasonable condition for a determination of similar use, but the City Attorney has advised that any such conditions shouid be in line or simifar to conditions already in place in the zoning distsict for similar uses. � MINUTES OF THE ZONING COMMITTEE Thursday, July 20, 2000 - 3:30 p.m. City Counci! Chambers, 3` Floor City Half and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Fietd, Kramer, Mardell and Morton Engh, Gervais Carol Martineau, Allan Torstenson, James Zdon of PED T'he meeting was cha+red by Commissioner Field. St Paui's Outreach - 00-133-464 - Determination of Similar Use for a private association of Christian faithful housing up to eight unrelated adults. 1977 Grand, beiween Prior and Cieveland. �D �qKY James Zdon showed slides and presented the staff report. Mr. Zdon stated they received a letter from District 14 in suppo�t of the application, and one letter from a residenf in opposition. The Zoning Staff recommends approvat of the Determination of S+milar Use. � In response to questions from Commissioner Faricy, Mr. Zdon stated St. Paul's Outreach has owned the building at 1977 Grand Avenue for approximately 2 years. The complainf initiated by Macatester Groveland Cammunity Council was a density issue artd was not reiated to behavior or property upkeep issues. John Rodriquez, Director of St Paui's Outreach, and Gordon DeMarais, Execu6ve Director of St. PauPs Outreacfi, appeared and passed out a letter of endorsement from Archbishop Narry Flyn�, and an overview of the household program. At the question of Commissioner Faricy, Mr. Rodriquez stated 7 men live in the house. He atso stated they have an informat association with the Companions of Christ. Marty of.the priests - that are Companions of Chrisf or the seminarians have at one fime or another been employees, worked in ministries, or lived in the formation houses prior to joining the seminary. They afso serve mass, hear confessions and provide pastoral guidance. Mr. DeMarais explained Companions of Christ originated from the St. Paul's Outreach Program and became a separate entity. Forty men and women who lived in their househo{ds have entered religious life. Upon further question of Commissioner Faricy, Mr. Rodrequez stated fhey have 5 househoids located in St. Paul and Minneapolis. This location is a base for the men in the household to do ministry work among students at the University of St. Thomas, University of Minnesota and other local co(leges. � Mr. DeMarais explained they wouid Iike to have 8 people living in the house but they would accept 7. If they had to abide by the definition of a single"family", they would have to seli the property because it wouldn't work for their program. dp.qKY � Zon'sng Committee Minutes Juty 20, 2000 . File #: 00-133-464 Page 3 Commissioner Faricy moved approval of fhe Determination of Similar Use apptiqfion for a privafe association of Chrisfian Faithful at 1977 with conditions that there be no more than 7 unrelated aduifs residing in fhe house and that a minimum of 4 off-street parking spaces be provided on site. Commissioner Kramer seconded it. Commissioner Mardeii stated he would vote againsf the motion based on precedent issues the well-articulated neighborhood opposition. Adopted Yeas -4 Drafted by: Nays -1 (Mardell) Submitted by: Approved by: Litton d Chai � c`� ��.a.�v Carol Martineau Recording Secretary rl � ain ames Z o Zoning ction • ., e f �.�.cs:"�� l�� w �Q —g�fY Je.sus Cl�rist is tl�e sanrc 7•esterda}5 tnda}' a�rd frn•erer "�r^ ia�s _'_ � " " _' '__'" _;"�..-. .T"'. _ Archdiocese of _ _ �_ ; �"�` �` '- � - ,.. *..•-�:�. •:�: Saint Paul and Minneapolis _.- -_. ;. ___. _ . . _ .. _�._�� =� -- . - 'i:3 s «,`.. Jul�� 17, 2000 To �Vhom It May Concern: :�� J� 2.; 2GOC 1`". ..:i� ..:'sr�?ii£I31'S`��° � I am zrriting to you on behalf of Saint Paul's Outreach. I am familiaz «ith Saint Paul's Outreach and the pro�rams of Christian formation they offer for Catholic university students and }�oung adults. Saint Paul Outreach is a Catholic Lay ministr� that serves youn� people in the Archdiocese of Saint Paul and Minneapolis : In recent years the Catholic Church has w�itnessed the increase of movements and associations initiated and organized by lay people an� dedicated to various forms of apostolate. In recognition and support of these movements, Canon La�v made provision for them in its most recent rzvised code (cf. Canons 29$-300; 321-329). Saint Paul's Outreach has sought the necessary approval of the Archdiocese and has been granted permission to operate as a Catholic organization. � The formation households that Saint Paul's Outreach sponsors arz similar in kind to reliaious houses of formation, novitiates, and con��ents. Many youna people have mo�•ed on from Saint Paul's Outreach formation households to enter formal reliaious orders and priesthood. A number of priests and seminarians in this Archdioczs: received initial formation in Saint Paul's Outreach sponsored households. T have extended not only ecclesiastical but also peronal support to Saint Paul's Outreach _ They are a��onderful contribution to both the local Church and the broader communit�'. . hope that you ��ill recognize their exceptional status and make nece�sarv pro��ision in housin� codes for them to continue. �i'ith every �ood �vish, I remain • Sincerely }�ours in Christ, --� �,�.�..� �� --��.�..... The Most Re�•erend Harr}� 3. Fl}•nn, DD Archbishop of Saint Paui and Minneapolis ht'I?Upl['�^�^::IWr:U�..rnlo;:!t_='�_i I:::!:?;:'!7JOCo: :_'6 \� v�::� :\��:! 1: I'�t!. \I��I�nl �i10_'-?I9� • l:�.IGi; • � . 'o` _"JU-1G'_i �-.r�. anF.C„ri"dr,'..�...ur_ SainY Panl's Outreach Household Program � An Oven•ie�t The follo�ving is intended to provide an overvie�v of the recruitment, apptic2tion, and commitment process for the SPO Househoid Pro�ram. Pre-Applicntivn Tfie staff of Saint �Paui's Outreach meet as pastoral teams (men's team and women's team) to consider those �vhom they would like to invite to consider appl}�ina for the Household pro�ram. Most of those under consideration will have had significant contact «ith SPO, such as participation in prayer meelinas, retreats, socials, etc., durin� the school year or during the surnmec (Summer Formation Program, Youn� Adult Summer Conference, etc.). Some witl have had ]ess contact but �vi(1 have expressed a strong desire to participate based on their o�vn personal circumstances and the reputation of our pro�rams. __The basic criteria for invitin� a person to apply are: a retationship �iith Jesus Christ, demonstrated by a commitment to Christian tife and practice; an understznding of the prac[ices and commitments of the Househoid pro�ram; and a desire to receive ongoinQ Christian formation in the context of a community liclna experience. Althou�h Saint Paul's Outreach is a Roman Catholic oraanization, garticipation in any of our proarams, includine Household, is opzn to other Ctuistians �vho share our ��sion of formation, communin�, and senice. � Application When zn individual is invited to apply (or requests the oppoRUnit} to apply), he or she is �i�'en an application �vhich helps the stzff �et a fulter understanding of w'r:e che applicant is and �vhv he or she would like to panicipate in the Household pro�m. Ques::o�s on the application cover the Qamut of basic personaI information (name, address, etc.) to ques:ioas relatin� to th� applicant's spirituaI life ane� practice. In addition, the applicant is asked to s:ek tt�'o references to attest to his or her capabili?g to live out the commitments of the prosrzm. When the agplication and reference materials are received, a supeziso�� staff member �vili review the application and svt up an time for an inten�ie«� «4th the zgp'.icant. The intenzecv serves a dua! purpose: first, as an oppoRUnity to Qet to know the applic2n; better on a mo;e personal basis, and second, as an opportunity to e:cplain further to the app!:canL the �oals, expectations, and commitments of the Household program and gau�e Iu_ or her understandina of the proaram. If the pastoral tezm deteanines that enou�h informatian has beea gathered to mal�e an acceptance decision the team meets to prz}• and detiberate to m2le a dzci>=on. Tf not enouah in.`ormation has been sz:F,ered. a second stz_ rrzember �vi11 con��et z fo!:'��.�-u? interview beiore the pastoral team makes a de:.ision. . b ��Y � r1n acceptance decision may take one of three forms: acceptance, nor-acceptance, or non- acceptance �vith a recommendation to re-apply at a later time. Criteria for non-acceptance may include, but are not limited to the follolving: personal immaturity, insufiicieat understanding of the program, lack of demonstrated commitment to the Christian life, ri�d dis�Keement with the_ basic tenets of Catholicism, and emotional or psycholoeical needs which aze incompatible �vith the demands of community Iiving or which the staff dee tr s ote n� for c enonal t and spin' adequately. Non-accepted candidates rvho sho�v a stron� p P �roc�th are normally encouraaed to apply again (usually in a year). Acceptance Applicants accepted into the program are sent a letter of accepiance and a form indicatm� their intent to participate in the pro�ram. If they wish to accept, and to abide by the commitments and practices of the pro�ram, they si�n and return the fonn, along �vith a security deposit to hold a p!ace for them in our grogram. ' The Program At the besinning of the Household program (September for [he academic year; June for the summer season), residents attend an orientation session �vhich lays out the commitments, practices> and obli�ations of the pro�ram. At that point they si�n a lease and a conduct policy, � cogies of w°hich aze held in the Saint Paul's Outreach offices. The residents livz out a plan of life cvhich encourages prayer, Christian formation, and cammunity, �vhich includes: >�Iorning prayer 4 da}�s a«'eek (Liturg}- ofthe Hours, suns przi�e. personal pra}'er) i�venin� meals 3 days a week (cool:in� and cleanup duties are shared among the residents) i House Nlass once a tiveek . i Pra}'er meetings e� ery other �uesda}• evenino (on the L;�nit of Saint Thomas campus with other households, students, and young adults, ane consistin_ of formational/spiritual talks, prayer, and faith-sharin�} i Household faith-sharin� smail �roup every other Tuesda}' e�e:�;na (at�ernates �yith prayer meetings) i House chores each Saturday mornin� i A Lord's Day celebration once or t��ice a month > Participation in the monthly Saint Paul's Outreach Young �del: �Iass (held at Nati�lt� of Our Lord Catholic Church) i Participation in nvo weekend retreats in the Fall and Sprin� :- Parieipatioe in the tcoCkS oi ev2nselization of Saint Pau''s 0_ :reach (=z�iPus o: youn� adult minist�}�, special e��ents, conierences, etc.} � P.e;idents aiso find and take �d�anta�e of other. infomial opponuni:ie= =o �'<<''� rh�ir tife to��eclier, such as mo�iz or samz n<<�iiu, se��'ice �tiu:�:, caiupiu � t';p'. <:-.- -.. � a�� The Residenfs Participants in the Saint Paul's Outreach Household progcam inctude both univetsity students and young adults who work full or part time jobs, including full time mirustry �v2th Saint � Pau!'s Outreach. They range the spectrum in their geoQzaphic and persoazt back�oecnds, interests, conversion experiences, and life goals. They also ran�e in aQe Lom i 9 to 27 years of a�e, �Vith the average a�e bem� 22 years. rllthough thzy may be differer.: in man5 ccays, ihey choose to live in a household in order to seek God, to gro�v in maturitg as Christians, and to share their faith �rith others like them. Ducing the academic yeaz the house at 1977 Grand avenue typicali}° serves a miYture of students, fult-time workers, and those �vho both work and study. This summer it is bein� operated exclusively for participants in the Saint PauPs Outreach Summer Tnternship ProQram. In addition to the commitments of the Household proa am, the Summer Int�rns have set aside the'u summer to receive full-time formaTion and trainin�. The internskup consists of an academic component (courses on Seripture and the Catechism) and a service component (conductin� youth retreats, a vacation Bible school, outreach to the poor). Participants ra!se sponsorship to support themselves and do not hoId outside jobs. Adrninistraiion Each resident is responsible for payin� a monthiy rent, �vhich co��ers room and board, 1 utilities, and an administrative fee to cover other pro�am costs. At present that rate is �375.Od. Rent is paid to Saint Paut's Outreach office, �vhich then pays the househol� bills and distributes li�ing espense funds to each hoasehold. This fund is used for orocerie_ �r_d household supplies. � One resident ofthe househatd serves as the pastoral and adm;nascrati�•e leader for the house. He or she is usually� an emplo5ee of Saint Paul's Outreach and is r�sponsible for directina the life of the house at att ieveis_ The pastoral responsibilities include bzs=c carz of tne residents, addressing personaI concems and � ving counsel �vhen appropriate, z�'3 ser. as the spiritual head of the house. �dministrative responsibilities include schedulins. cs_:��ating household responsihilities, administerin� houszhold fun3s, commnrucating need: to :: Sain: Paul's Outreach office (repairs, etc.} and overseein� order in the house. Terfnitiation Generally, a resident's commitment is over at the end of the 1�2s: period (ylaq or August). He or she nay then choose to teave or ask to conciaue into aPic �} re sons to Z kwai typically does not entail re-application; unless there are practical or p..=• :• someone to do so. He or she simply fills out another form indicatins i:�teat to participate in the ne��t season of the Household pro�ram. it has occasior,:ll}� happenzd that the stafffias had to as� a re�:�:-- �o lea�� che pro�ram- Reasons ma}� include nan-pati of rent over a period oftime, ina�i:� ;: er Izc� o= desse to liv° o�t the commi:men:. ef the p�o�ram, or esrevious violation ef the ce--?-: policc�. IR such cases- -,.�ii::'iii`:� .�; -�i'; ^"',, ^fi,Pi ,-��nre [ter� 2��Orts io <.ddre„ prohl�m� : "�::�:2`.t0*��. =.:COC(�IR� 20 � �a..9�f� • the Saint Paul's Outreach Household Conduct Policy and the Saint Paul's Ou:reach Lease Asreement. Post-Household � The Household pro�ram is intended to serve garticigants on a number of levels. For some, it is an opportunity to Qro�v in a life of grayer. For others, it may chie.h• be an opportunity to grow in relations4ups with the other brothers or sisters with whom one m:sht Ii��e. For still others, it may serve as an immersion into a vibrant Catholicism and to root a person more deeply in his or her Catholic faith. For all, however, it serves in one way or anothe' 2s a springboard into another phase of life tivhere the Chrisiian life may be lived according to God's specific cocational ca11 for eacfi person. Saint Paul's Outreach, as a lay Catholic organization, is concemed c:ith helping alt Chzistians to understand the universai call to hol'iness, re�ardless of one's sczce in life. In seeking to respond to that call by parcicipation in the Househoid pro�ram, participznts w also usually frnd their particular vocational call, either to pr'sesthood or religious life, Christian marria�e, or the dedicated single life. The Househotd p�o�am serves as a launchin� pad for numerous such �•ocations. Past pro�ram par[icipants hao•e �one on to discern reli�ious life with orders such zs the Franciscan � Friars of the Rene�vai, the ��issionaries of Charity, the Carmelites, and oth:rs. 7he ?.rchdiocese of Saint Paul and Nlinneapolis boasts several priests, includin� many Compz,�ions of Christ, who rer,eived formation with Saint Paul's Outreach before goin� off to seminzn �tudies. And there are many �ood and hol}� married people and sinsies who are able to bztter lice out their Christi�n faith because of the formation they received from Saint Paul's Outreach ane the Household program. \J JUL-1N�=��J b4]til ri� f�n�tilcb�trt vrt�vc��.ti� Macalester-C�roveland Conam.unitY Cou.nc31 sio soo� ori� sae�c sa;ae �, atH ssios-2aoo ?elepbem: (6S1) 645�000 Fax: (651) 69S�dObd Juty 19, 2000 Litton Fleld, Chalr Zoning Committee St. Paul Planning Commisalon 1100 City Hall Annex 25 West 4th Street SaiM Paul, MN 55165 � � � _ � J U i Dear Litton, The Macalester-Groveland Community Councll supports the aPPAcation of Saint Paut`s Outreach for a Determination of Similar Use for the home at 19T1 Grand Avenue with ihe condition that there be no more than four vehicies at this address and that the � number of res�dants be qmtted to seven. This matter was resolved on a divided vote. A number of nefghbors spoke in opposition to the application voicing concerns about parking, density, noise and fear that a precedent coutd be set making it posslbia for mwe than four unrelated students to live in homas in the area. � Our board understands thet a convent is a permitted use in a single family zons. There, howevar, was considerabfe argument over the definition of a conveM. It wouid be helpfui in futUre decision making 'rf the on thls matter would clearly define what a convent Sincarely, Cxx,�� -a-�--� Kathie Tarnowski Community Organlzer Planning Commiss(on in its decision is. � e�izai�aaz �s:<a �.z��zs�_s L1� ��=J UBRY D. ST�iiiS � ♦�� 7950 SurmMAwnue � Saint PaW. Atinnesata 551957180 Hure Phrna (651) 888-729i � Emml I.d.stama�tcAdndettne! 3uly �0, 200� � • cny �fs�t Pa� Department of Ptanning and Economic Development and City Plazuti.ng Commission Zoning Committee 1400 City Hall Annex 25 W"est Fourth Stzeet Saint Paul, Mumesota 55102-1634 Re: PED File No. 00-132-464 � �� p �� t E � �E � � � n � � � r r � $ Aeaz City Officials: I am writing this letter to you since I wi1S not be able to attend che hearing scheduled for later today. The purpose of thi� tetter is to explain why I am opposed to the zoning variance being requested for 1977 Grand Avenue. I am a 21-yeaz resident af Saint Paui. I currently reside at 1950 Summit Avenue, where I have lived for 11 yeazs. I am also an attomey and familier with the adage o#tentimes used in my profession: "hard cases make bad law." This is one of those cases. This request is 1) imprartical; 2) sets a dangeraus precedent; and 3) makes a mockery of the current !aw by which all of us abide in my neighborhood. First, you have before you a request to allov�� 8-9 adults with attendant cazs, gazbage, activzty, etc. to reside in a three-bedroom house designed and up until recently used as a single-family residence. Not only wiL th3s make for very difficult basic livinf; conditions for those in the home, it will inerease our problems with parking in the alley (we all know that there simpty isn't enough parking on Grand - people will park zn the a]]ey during bad weather and late at night after the sueet is full). This is especially acute in the winte;r when plows need to get through in the eariy moming hours. Second, no one can seriously equate this ioose configuration ofpeople uzth the clergy or convent members, who aze Iegitimized througb special, sanctioned and Long-recognized religious organizations who make vows and commitments which set them apart fzom t�,ose who do noi. Like snany different faiths, these people may be sincere, but they do not constitute the legal and societal status s$orded more committed members of the community of Futh What this leads to is s dilution of the Code by allowing loosely-configured groups to form roor,ung houses in our City of Saint Paul July 20, 2000 neighborhood without any enforceable standard to prevent tivs from ttappening• This is bad � public policy and a practical nightmaze. Finally, we all rely upon the zoning code as the law by whzch we make decisions to buy and inhabii our homes and locace non-conforaung uses. I rely upon it to raisc my two children in a p}ace where they can have the safery and convenience of similarly oriented neip�bors whose famities, by the way, emanate from tfie same rype o£commitment as that mentioned above. The Saint Paul Zoning Code was created with the geater community's then curcentIy, present and future intaest in mind. Sometimes, it does work a ttardship on an indiv'sdual petson or business, but tliat is to be expected if we are to maintain the integrity of the Code itself. All of us accept those trade-offs by observing ihe rest'sctions that burden us as we1L By allowing individual variances such as this one, which clearIy obviates the purpose of creating stable residential neighborhoods ( that's why we have th.e four unrelated aduh rule ), makes foots of those who rely upon its existence and those who claisn to be enforcing a"code." Think of the word. It Gas sie�' cance. So do you as stew+ards o£it. Thank you-for considering im,+ comments. Very truiy yours, � � . .� i • �(/GJ�ZZ�Z 15:�7 LLLS7G�710 L1D��O_V aa -�� TO: �� City of St Panl Planning Commission Members Fax #: (651) 2283220 � • �� • Margaret DiBiasio 1g54 Summit Avenue gt Paul MN 55105 Macalester-Groveland Resident Fati and phone #(651) 690 5536 �; U GE : TesDmony for thc July 28`� hcaring conceming "similaz use" designation �'� of property at 1977 Grand Avenue I ha��e tcstified twice bcforc the Macalester-Grovel•and Community Council objecting to a request made by the "Chtistian Outreach Group" of West St Paul to ailow more than fous unrelated atiults to live in a bunFalo�z home at l9'77 Grand Avcnue 2oned as a single family dwelling. At tlie first land use committee a vote denying the requesc was reaehed after careful consideration of the petition to a11ow a"similar use" exception for this Christian formation group. During that hcaring the dangcr of sctting precedent w�as carefully weighcd. At the second meeting, in spite of cne fac[ that none of the committee members could define the concept oF "similar usc and "com'enVmonastery", a vote was takea and the Maca(ester-Grove]and land Use Commictec's recommendauon was reversed by a vcry narrow margin. Given the general ambiguity that prc�•ailcd bcfore the entire Macalester-Grove4and Community Council, one might argue that chis second voce was invalid. . At the recent mceting of the St Pau] Zoning Committee I understand that the vote was swayed by an argument stating Archbishop �ynn's support for the unique concept of this Christian formation group and the city r.oning committcc approved the similar use designation tequest. Regarding the preccdcnt that would be set it such an exception were made, l pcesent the fo11oK•ing argumcnt for }�ou ta card�uily consider: • If you appro}�e this requesc the city couid not in the future discrimina�e against any group Lh�`- claimed affi(iation «•ith � religious or spiritua7 sect or cu]t, if tha[ formation group pee�tioned for a similar cxccpti��n. Oi/Gb:Ld�u 1�:C� o.[c7�� " ---�_� • It would be feasiblc (or a sororiry or fratemity group attending a denominational college to • claim a similar objective of Chrisaan formatio�, and the nature of these "religious" groups would wazrant a similar cacepaon to residential zoning in any neighborhood- • Within the canonical (church law) designation oF convenUmonastery members are vowed/committed co a"religious" life and aze bound by vows oEpoverry, cel(bacy and obedience to the scN•ice oC their churches. They live under a common financial plan. Furthermore, membcrs of monasteries and con�ents have a iong history of sharing in a common, canonica[(y regulated iife. This is not the case with any ]oosely bound retigious fonnation group, whether it bc a group oC young adults seeking to leam about liviag a Christiaa life, or a "cult" of peopie living in a"communai" relationship to promote their goals and to celebrate their uniqueness. - Civic iegulauons defining the responsibitiues of governments and municipalities to convenis and monasteries were detetmined long ago, under quite diCferent ci�umstances• AL Chis time, given the major chaages in convcnt and monastic structures and the expansion of [he conceptof Christianirctigioas formation, the precedent you wi11 se� in approving this request will make ic aimost impossib)c to curtail further eneroachmen[ on residentially-zoned neighborhoods. Soon more speciaily "cxemFted" propenies will be able to avoid compliance w'ith zoning regutations � and be removed (rom the property tax base of che city. • A number of d«�ellers in any residentiat neighborhood could petition for a similar exception, asking thai their homes be decSared piaees of religious tormation, and et•en peritioning to be eaemgt Crom payine propeny ta�cs. Any "Chr+stian", "Jewish", "Buddhist', or "Hindu" family. Gr even any organized "culc", could peti[ion to be exempt from zoning laws and property taxes, claiming "similar usc" for "religiouslsp�ricual" formation". Where do you draw the line? You havc the responsibility of delivering fair and equitable rutings Cor zoaing exemptions. Special in[crests must be u'eighed aCainst good Qolicy and fair go�ernment. I trust that you take this charge scdously und that }�U �'��l not bc ixhoiden to undue pressures from the Amhdi�se. If you accede to the request Cor "spccial privile�e" ia this case, you wil{ undetmine the zoning rule and descabilize a St Paul regulation that hclps to keep residential neighborhoods intact- � JU�-28-2000 09=15 Judge Da�id Doty • � a� _��r Alys&a Rebensdorf From: Aiyssa 42et�ensdorE �air@lorax.fo�estry-umnedw. To: <�ee�a@a-stpaul.mn.us> � � �c.��'l Sent Friday. .fv�y 28. 204� 824 AM � Subject 1977 Grand I am writing fo express my concems regarding the proposed simi�ar use des�gnation of property at 1977 G2nd. ��uid lilce to asK the Planrting Commission to carefuily cons�der this p�oposat from two perspectives: 1_ Precederttial value: �f a tooselY affi�iated 9roup af Christians are ailowed to exceed zoning restridio� for single famity dwettings on the bas+s that fhey are similar to a convent, to what eXteni can the Pianning Commission deiry this excepfion to any other group ciaiming 2o share similar moraUspritualtreligious vaiues? Certain4y the convetrt exoeption vras irttended to m�n more than the inte�pretatlon the Chrisfian Outreach Group have given it, now that their backs are against the vrall (Please do recall the procedu2l posture of 2fiis situtation. Shese people have lived in fhe house at 1977 G2nd fw some time now. w�th as many as 10 people hovsed under one roof. !t v2sri t unti! someone discovered this fact and infortned them that they were in violafion of code thal they detecmined that they were "like a convent" Please do not atlow this ex post facto logic controi yoor decisio�.) 2. lncremental effect on a fragile neighborhood: Those of us who 1"sve in the vicinih/ of St Thomas, Macalestet and St. Catherine s understand the difficui5es of mairttaining ou� neighborhoods fo� s�ngte famity homes and non-studerrt rerttais. We are tonstantlY seein9 homes that once fioused familiss being purchased by the Co��e9es, bY busi�e� own�s and by absent landtorcls seeing the opportunity to make an easy dotlar. i wouid encou2ge you to drive through this neighbofiood and observe this phenomenon first haed;. You wiU � see the homes that have degraded, a�d you wili be speak to neighbors e+A'�o decry the increase oPstudent paRy houses and of businesses and larger rerrtal operations that bring more cats mto an alteady con9ested area. 1�ead in the �ilager last nigM that the owners of 1528 G2nd have received approvat for iS�eir home to be converted from single family use to o f f ice zoning. A n o t h e r h o u s e, l o s t from the ranks of singte family homes Yous incremecrtal decisions are making it incr�singly di�cuit for homeowners to feel stabie in Yhis neighborhaod. We Sook upon the proposed exPens�ons of UST and St. Cate's and the proposai to buiSd a street car tunning the length of Grand and we are left feeling assaulted upon in all directions. Your dec+sions really do impac.t the stability � this neighbofiood. Would you wartt to buy in this neighborhood at this point, knowing that the house dovm the street is a�rezdy a UST party house and the house next door to you couid be pur�hased at any time and converted into a home for 8 young people ca)ling themseives a convent? These are ou� homes This is wfie2 we hope to raise our chitd�?n a�d grow oid. Piease exercise your decisionmaking authorily with proper tegard for this fragite component Lhat makes a. residential neighbo�hood thrive. 7hank you. � qlyssa RebensdofF 2096 Lincoin Avenue ?/28!00 TOTAL �•�"- �� -9�tY � 1. 2. 3. 4. 5. ZONSNG COMDSTTBB SfiAFI+ REPORS _____________�____�_________= FILB # 00-132-464 APPLICANT: Saint Paul's Outreach CLASSIFICATION: Determination of Similar IIse IACATION: 1977 Grand Avenue pLANI3ING DISTRICT: 14 LSGAL DSSCRIPTION: See file DAT& OF �nRT**G: 7/20/00 6. PR8S8NT ZON2NG: RM-2 ZONSSIG CODS.REFBRSNCE: Section 64.30Di5) 7. STAFF INVE5TI6ATIO2S AZID RSPORT: DATE: 07/12/00 BY: James 2don 8. DATS RSCESVSD: 06/13/00 DSADLINS BOR ACTION: 08/12fOQ A � B C D PIIRPO58: ➢etermination of Similar Use for a private association of Christian faithful housing up to 8 unrelated adults. PARCEL SIZS: This rectangular parcel has 50 £eet of frontage on Grand Avenue and is 150 feet deep for a total lot area of 7500 square feet. E%ISTING LAND IISE: Single family residential structure. SIIRROIINDING LAND II58: North: Single family residen[ial structures in a R-2 district. East: Twenty unit multi family apartment structure in a RM-2 district. South: Single family residential structures in a RM-2 district. West: Single faznily residential structure in a RM-2 district. E. ZONIICG CODB CITATION: Section 64.300 (g) of the zoning code states Chat when a specific use is not listed in the district the planning commission shall detesmine iE a use is similar to other uses permitted in each district. The planning commission shall make the findings detailed in #4 of this report in determining whether one use is similar to another. F. HISTORY/DISCIISSZON: In 1992, a similax Determination of Similar of Use case as approved by the PZanning Commission and City Council. Copies o� the Planning Commission and City Council Resolutions are attached. G DISTRICT COIIDICZL RECOI�SffiNDATION: To date, no recommendation has been received £rom the Macalester Groveland Community Council. � H. FINDZNGS: 1. Saint Paul's Outreach is a not-for-profit 501(c)3 organization involved in the work of evangelization and ministry to university � students and young adults in the Twin Cities area. The organization is formally recognized by and operates under the eccZesiastical vigilance of the Archbishop of Saint Paul and Minneapolis. An integra2 part of the organization's ministry is tfie formation of young adults through community living in one of its five households, such as the one at 1977 Grand Avenue. These "formation houses" afford the men or women in residence the opportunity to receive training in Christian living in the context of a supportive environment that alZows for prayer, study and felZowship. The formation houses are an exaa�ple of the Catholic faith's increased emphasis on new organizational structures supporting the spirituality of lay people. The residents have a common pattern of life that includes prayer, Mass, meals, shared chores and other activities. &ach formation house has a house leader who provides administrative and pastoral leadership for the other residents. Acceptance into a formation house is based on a written app2ication to Saint Paul's Outreach. Applicants are required to submit letters of recommendation and are interviewed by a pastoral team. Applicants are judged on their commitment to Christian life and their social skills. Current residents at 1977 Grand Avenue include students and working professionals. The property at 197'7 Grand is a four bedroom three bath bungalow. Off- street parking consists of a two bay garage, a one bay garage and three spaces on a parking pad. 2. Residency in a dwe2ling ua3t is limited to one family. A£amily is defined by the zoning code as a maximum of four unrelated aduZts. � The code's definition of family, in its entizety, is: "One or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children {and including the domestic employees thereof) together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprisiag a single housekeeping unit. Every additional group of four (4? or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of this code." 3. The intent of the RM-2 Multiple-Family Residential District is � "designed to provide for more extensive areas of caultiple-family residential deveSopment as well as uses related to the multiple-family residential districts, or uses which serve one-family residential needs and require more extensive sites. The RM-2 District is further provided to permit comprehensive development of a multiple-family project so as to estab2ish a balance of population concentration as related to major thoroughfares and transit, and related facilities."' Pesmitted and special condition uses in a RM-2 district include a11 pesmitted and special condition uses in R-1 tfirough R-4, RT-1, RT-2 and RM-1 districts which would incZude convents, monasteries, rooming houses. Possible uses in the zoning code to which the proposed use might be similar include: a. The nroposed use might be considered similar to a convent. � b� �a�� • "Convents, rectories and parsonages, all when associated with a church, chapel, synagogue, temple and other similar house of • worship" are permitted uses ia a RM-2 district. A convent is generally considered to be a nuns residence but the term is occasionalZy applied to a group of religious men or priests. Webster's New Collegiate Dictionaxy defines convent as "a local community or house of a religious order or congregation; esp: an establishment of nuas." Whi1e the applicant's use does not reflect a traditional religious ordez, it does represent a lay religious community that operates under the guidance and control oP an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed framework of religious and lifestyle standards, and fosters those religious standards through an open communal living arrangement. These characteristics are similar to any male or female religious order within a convent living arrangement. . b. The proposed use might be considered similar to a monastery. "Monasteries and religious retreats, all when associated with a church, chapel, synagogue, temple and other similar house of worship" are permitted in a RM-2 district as a special condition use; specific conditions are not listed. Webster's New Collegiate Dictionary defines monastery as "a house for persons living under religious vows; esp: an establishment for monks" The term "monastery" implies an isolated and somewhat self sufficient � retxeat. The proposed use is not an isolated retreat, its residents are not monks and its residents are not living under strict religious vows. c. The proposed use might be considered similar to a rooming house, because it involves more than four unrelated adults. However, a rooming house is generally open to members of the puUlic, regardless of any group or religious affiliation, and does not involve a commitment to religious and communal 1ife. Rooming houses are first permitted in a RM-1 district as a special condition use. Applicable conditions are: 1. Minimum lot area of five thousand (5000) square-£eet be provided for the first two (2) guest rooms and one thousand (1000) square feet for each additional guest room. 2_ One off-street parking space for every two (2) facility residents. 3. Pezmission for special condition use applies only as long as the number of residents is not increased and its licensing, puzpose or location do not change and other conditions of the permit are met. 4. Section 64.300(g) of the zoning code states, "when a specific use is not listed in the district the planning commission shall detezmine if a use is similar to othe= 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 Che principal uses pezmitted_ The proposed use is similar to a convent. While the applicant�s use � does not reflect a traditional religious order, it does represent a lay religious community that operates under the guidance and control of an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed framework of religious and lifestyle standards, and fosters those religious standards through an open communal living arrangement. These characteristics are similar to any male or female religious order living within a convent. b. That the traffic generated by such use is simiIar to one or more of the principal uses permitted. This finding is met. The traffic generated by the proposed use is similar i£ not less than most uses in a RM-2 district. The traffic generated by the "formation house" will consist of residential trips. The low traffic volumes generated by the "fozmation house" make it comparable to smaller scale apartment facilities. c. That the use is not first permitted in a Iess restrictive zoniag district. This finding is af£irmed. d. That the use is consistent with the comprehensive plan• This finding is met. The 1999 Land Use Plan, policy 5.1.1, � highlights the following urban village principle, "GOOd neighborhoods have commercial, civic, and institutional activity embedded, not isoZated in remote, single-use complexes." I. STAP'F RECOt�NDATION: Based on findings 1 through 4, staff recommends approval of the determination of similar use application for a private association o£ Christian faithful housing up to 8 unrelated adults at 1977 Grand Avenue . i d0 q�Y i DETERMiNAT10l� OF SiMILAR USE APPLlCATION Department of Planning and Economic Aevelopment Zoning Section II00 City Hall Annex 25 West Fourth Street Saint Paul, MN SSIDZ 266-6589 APPLICANT 1a Zoning v�ce.use an[y : �Fite,no ; City 1��• �• �� St.$R� ZiP S� ( � Daytime phone�� ^dily Name of owner (if different) Contact person (if different) �a�n (Zc�lri 5lte1 Phone S2rnr u � PROPERTY LOCATION • . ., � Legal description: _ Cusrent Zoning ��2 addrtiona/ sheef if REQUEST: App{ication is hereby made under the provisions of Chapter 64, Section 300, Paragraph � of the Zoning Code fior a Determination of Simi{ar Use. � . r Currenf rr✓rk� ia n Proposed use �SaM2' SUPPORTING INFORMATION: Provide the foilowing information tattach addition� sheets if necessaryl. ❑ {s the use simi4ar in character to one or more of the principal uses permitted in the zoning district? S�'Q 2�'IG�03e�0 alUUth7.PM'C�� ❑ Is ihe traffic that the use will generate simiiar to traffic generated by one o� more permitted uses? SP_e e�cl�sQd do�w�n{a�� ❑ )s the use already permitted in a fess restrictive zoning district? � � �zy, �er �2� �ull2r, LzED � ty �C t �i �tys`" Required site pian is attached ❑ Applicant's Date 6�" �3� Ot� City ag2nt ( � n,:�` �}. SAINT PA UL'S O UTREACH 110 Cn�sader Avemre • l�'est St. Paul, :�IN 55118 •(G51) 4.i I-6! 7 June 2000 Departsnent of Planning and Economic Development Zonin� Section 110� City Hall Annex 25 ��est 4�' Street Saint Paul, MN 5�102 Dear Sir or Madam: Saint Paul's Outreach, a Roman Cathotic young adult ministry, and the owner of a sin�le-unit dwelling at 1977 Grand Avenue, would like to apply for a Determination of Simitar Use permit, which is attached. Our organization «�as recently found in violation of the existin� zoning rea lations for that property, housinzseven unrelated adults �vhen only four are allowed. Saint Paul's Ouireach is a non-profit �Ol (c)(3) or�anization invotved in the iiork of evan�elization and ministry to university students and youn� adults in the T«in Cities. We aze an outreach of the Community of Christ the Redeemer, a lay association reco�ized under Catholic � Church Iaw as a`'Private Association of Christian Faithful," which is recognized by, and operates under the ecclesiastical viQilance of, the Archbishop of Saint Paul and Minneapolis. The property at 1977 Grand Avenue serves as a household of Christian formation. As such it ailows the men livina there the opportunity to receive formation and trainina in Christian living in the context of a supportive environment that allows for prayer, study, and fellowship. The housekotd pattem of life includes dailv corporate and personal prayer, �tieekl} Mass, and shazed meals, chores, and social or service activities. During the academic year residznts include students and working professionals receivin� formation while pursuing full-time studies or jobs. During the summer, the residents include participants in our Summer Intemship Pro�ram> a full- time formation and service experience. In pursuing the zoning matter with Peg Fuller at LIEP, it was su=�ested that u�e might qualify for an exemption of current zoning regulations by filin� a DSU permit. Ms. Fuller provided me with documentation for a similar case in��otving the Companions of Christ, a sociery of priests and seminarians of ttie Archdiocese, who operate a household at 2137 MazshalI Avenue. We are ven familiar with the Companions of Christ (most of tkem at one time or another participated in our programs or serc�ed on our staff before enterina the seminary or gettinQ ordained}, and know that in fact our household operates in a capaciry very similar to theirs, with the sinale exception that the members of our community are not necessarily ultimately seekina ordination as priests. Participation in our formation proarams does serve as art aid in helping one discem a religious �rocation bui diseernment is not the primary aid of our fom�ation. Rather, the priman� aim is to help our participants ,ro«� in holiness through a life li��ed for God and others—regazdless of their • vocational state in life. a ��q�� From a structural point of view, our desire is to continue operating the house as a single-family dwellin�; we have no intentions of addin� on to, or modifying, the propem' to convert it Yo another kind of property. Because a criticai eiement of our formation is community Iife, the properry is intended to be a`�amily" home. In this case, however, the "family" is united by a common vision and purpose, and not by a blood bond. Our ideal masimutn number of residents is eiQht. As a way of buitding community life, residents almost always shaze a room with one other person. The property's four bedrooms do accommodate that number, and the ample common space (living room, dining room, sun porch, finished basement) allows for a good deal of community and personal space «ithout the sense of overcrowding found in other types of student accommodations such as dormitories or rooming houses. Conceming the amount of tra�c generated by residents and guests, we belie� it is comparable to the levels of the surrounding properties, which include apartments and single-family houses, many of which house students. There is parking for two to three cars in the rear driveway as well as on-street parlcing• Most of our Tesidents, however, do not own personal aehicles, meaning there would normally be oiily about nvo to four vehicles associated with the rzsidence. With the exception of an evangelistic social event hetd at the beginning of each school � ear, the house does not normally have the kinds of parties or gatherings that would be at}�pical of any other family home. Furthermore, while the residents occasionally house overniaht guests (friends, � family), the house does not have the additional traffic one would normally associate with a retreat house. It is my hope that this proves a satisfactory introduction to the nature of our n ork and addresses some of the initial issues associated �cith a DSU permit application. I have enclosed some supporting material, includin� the initial letter from Peg Fuller at LIEP, the case involving the Companions of Christ at 2137 Mazshall Avenue, and some informative s�aterial about Saint Paul's Qutreach. On behalf of Saint Paul's Outreach I weicome the opportunin to further discuss our situation and to find a resolution that wi11 accord with the rules and regulations of the City of Saint Pau1. ' Thank you, � ��`� 3hn Kodriguez � Director of Administration i � Saint Paul's Outreach Mission Statement Saint Paul's Outreach is a Iay society of Cathotic college students and sinale aduits. Through our commau�com:initment and dedication to the Lord 7esus Christ and His Church, we seek to fulfill the foliowing four-foid mission: l. We seek to live a life of holiness as discipies of Jesus Christ. This call to - holiness is the life of ongoinQ conversion and arowth in Christian virtue. 2. We join our lives to6ether in mutual support and in mission. Our aim is to foster an environment where the love of God in manifested. 3. We aim to introduce others to the:love of God tl�e Father throuQh Jesus Christ in the Holy Spirit. We do tIzis byproclaiminQ His Qood news of salvatior. in word and deed, both in the universzty and single adult environments. 4. We aim to raise up leaders to further the rnission of the Saint Paul's Outreach sociery and of the Catholic ChuLCh at IarQe. :- :' We carry out His mission individually an� in fideliry to the received teachin Q and practice oj ' empowered bythe c�arismatic wozking of: as a specific raspanse call of tfie Secon� and as developed"iu Pope Paut VI's e On Evangeli4a`tzon iri the Nlodern and Po �e �7ohii Pau1 II's apostolic-ex olic Church; Spizit; Council; P �: __:.� -_-. _ -- The Lay Meriibers`of Chnst°s FaitFi�fiil PE Saint Paiil's `Outreach �isrecoanizedby�tlie Ai - . . of Saint PauZ:ai?d 1Vlinneapolis_::- -- � �. - . SOGIAL SERVtC£5 Ramsev and Dakotl Cos. GU7GDT�CORPORATED IOa Dodd Rd� W�est SC Paut SiL13 (651)150.2?'0: F.�X 1i0.:2?I Helps people wiN � mentai illntss lud quality lives. Provitles a u�idt uny o[ <ommunin� baud uNi<es. Grace Tanajerd Schmia. prcsidzm Found<d bv the Guild of Cazholic Women. Inc. S7: P,4UL and �fI\NEAPOLIS Ramsey and Hennepin Co. SETO� SER�'ICPS CATHOLIC CHdRITiFS 1?76 Cnirersit� Are� St. P�ul 551d3-1101 (6i1) 611-1180: F.4.1" 6.iId005 ?i W Scevens Ave. S., �tinneapoi¢ 55;04•?533 (612) 87?-S7r; F.4\ 87L9h96 17?fi.1 Dupont.4vc. ti., �iinnr�polis>5-0Il (6L1511-9:33; F.a� i?I-9I5'_ M1lary Morris. adminu:ramr � iniical anJ social >tn9ces tor prc�nant 5in, le women and low in<oak coupta,: p�egnancp cassine: Coscec cnre. adaP- tmn and po..;-adopnon >e:.¢e.: educ��ion. employm<nc and cninin_ pro,nms: paczmin� education mE children's senir_x wppoa scuupt and :ounszting sec��iees co indi- v�dual� �nd iamJizs: chcmmal hnhh counselin,; and xr- vmes m fa[he:e �VHOLISTIC CENTER ST.P.aUL Ramsc.' Co. FR�SCiSC:�`: CE]7ER FOR �GHOLISTiC LIVI�G I iHi LaCro�seA.�e.. St. Paul i5119-7508 (6511 739-i9i3. 6�X :39.i4ii e-maii: (a.lCjuno.com A wnWun. qenon�i croa�n pro_ram for aomen whmh rec- o_�fzu �Aai phy.,�col he_iih, psycnolo_icai etEecei�enza. and penena7 hoiir,b, �re i�crtwined. YOTJI�G AAL'LT i�fINISTRY ST. P.4L'L Ramse.' Cn. ST. P.1CCS OC7RE.4CA 310 Crvsadcrd�e. t5'_ 11¢st 50. Paul v`IIS-U27 (6511 J51-5113: B1Y.I>3-O�IU e-mail: ccapo[juno.com Gurdon C. De�l3rai�. txc� :ne l.irecror l'niversin�>cudrm and }wnq adule min¢vit5 Na[ pro.'ide a �upFroRn't emrzonmea[ un,�c voune mrn a�d wom<n can Ict^.� about �nd sm�.� in [ha: fmth wi[h Neit Peers. Spoamrzd accnir.rs m:iv2z: v�brant monahiy Iimr¢ics. a:npuc pr_ye: .^..eenngo. ttach�n� sents. Chrisnan h��u.ehall In'ine >r,uxur� and mzn'slu'omea'S Fai�h �hsring gre.pi for pro�r �aamipanaJanuary aan�e- iv�uon >:.�.�e :r:p, icame: Poma�ion pro�ram. talJS��me :e:rent+ and .ev_s +ociel <'.en[s � YOUTti SERVICES YOUTH CENTERS S1: P.a[:L Ramse+ Co. CaTHOLIC YO[,"LH Ca�LPS, (tiC Administntive a�ce: II3I Fain�iewAVe. \., Suite?00, Rosevill¢ e511i (651) 6361635: 1-888-291�110.t e-mail: c.ysCjuno.com Camp address: HCR 3. Bos 655.1IcGreeor iS,60 �213)126-3733 Iale Czamik-Vtimt�er.dirc:ror CATHOLIC 1'OC7H 7ti�I5TRY SER�'ICES 3?31Y. &eilog�„ Bird., 5�. Pau15i102 1657) ?90-ibii: FAX ?90d6� Gco �e T. Bartea, eemQuvn� Cir.c�or YOUTH SERVICES «�EST ST. P.+.tiL Ramse. Co. ?ET (\ational Evan�elizaGOn 7eam1 110 Crusader Ave_ R'est St PauI5iI1S�3A.% �6>lf �SU-fiS33; F,�Y 350.99St e-maii: mini.itrr@nemsa.or� Stark 3erehem. execua�z dve,:or ��V�`�-� �_�"'""'__� �ll.b�"� � l, / 1 7 �., l� �\�, ST. PAUL'S OUTREACH 110Gusacle+'Avenu� iYertSt. Paul. M1V'S511�4 [0 Mazch 2000 LIEP Peg Fuller 350 St. Peter, Suite 300 St. Paul, MN �5102 Dear Madam: I am writina to you on behalf of Saint Paal's Ouireach, a Roman Catholec youne adult ministry, which is the owner of a sing[e-family dweilina at i977 Grand Avenue. The property serves as a household of Christian formation for university and youn� aduit men in our community. Recently, members of a neighborhood biock association £led a comp[aint against us reaarding a violation of zoning ordinance re�ulations. It is our desire to address this concern and seek a resolution that is in accord with the laws and re�ulations of the City of Saint Paul. Saint Paui's Outreach is a not-for-profit 501 (c) 3 or�anization involved in the n-ork of evan�elization and ministry to university students and youna adults in ihe Twin Cities azea. We are formally reco�nized by, and opemte unde� the ecclesiastical vi�ilance of, the Archbishop of • Saint Paul and Minneapolis. An inte�m part of our ministry is the formation of youn� adufts throuah community livinQ in one of our households, such as the one at 1977 Grand Avenue. These houses of formation afford the men or women in residence the opportunity to receive formation and trainina in Christian Iiving in the contexT of a suppoRive environment that allows for prayer, study, and fzllowship. Just as in a reii�ious order, residenu have a common pattern of life that inciudes prayer, Mass, meals, shared chores, and other accivities. Cartent residents ai 1977 Grand Avenue include students and working professionais receiving formation while pursuing their full-time studies or occupations. I hope this letter proves helpfuI to you as a means of introduction to Saint Pau1's bntreach. We aze �ateful for any help you can provide us in knowing how to proceed with the zoning matEer. I trust you wiil be in contact with me as you have any further questions about the Outreach, or abouE the pmperiy at 1977 Grand Avenue. You may reach me durina business hours at the Saint PauYs Outreach o�ce, (651) 451-6114. Respectfu[ly, � ' n Rodriguez �rector of Administration encl: mission statement. brochures � � CITY OF SP,L�T PAUL �'ornr Co7emon..lfc}'or oF�1cF or �_;ci�sr r�s�=cr�o�s .�n E��`SRO\>;H\L�I_ P�O-cCTIO� Re6en Kess7er. Dirtr.c� LO�iRY PROFESSiO�i9L d'�7LD/.'�G 350 Sr. Pzrer Sr�eer, �:dre 3G0 SnixtPaul,.ifinmesota SSiO?-ISIO CODE E\�'ORCE�•TEi�TT NOTICE \ I � April 18, 2000 John Rodziguez Director of Administration St. Paul's Oucreach 114 Crusader A��enue ��'est St. Paul, '�4�1 5�118 RE: 1977 Grand Avenue Saint Paul, :�4N 5�10� a �_q�� Te1zpF. o�e: 691-: 66-5090 Fatsimile: 6:1-:66-9099 65i-:66-91_': As you are a�;�are, �ve recentiy recei��ed a complaint re�ardin� an e�cessive number of oceupants (se��en) at the referenced propercy. This properry is located in an R,�4-2 residential zoninQ district. Our records indicate that the residence ic legal oniy as a sinele family d«�ellina; a masimum of four (4) unrela[ed adults is zllo�ved in a sinQle family d«�eilina (see enclosed pro�•isions60.20= and 60?06 of the L�gislatire Code'). Dear �Ir. Rodriguez: Y'ou have stated in your letter dated `iarch 10, 2000, that �he refer�rced properrv is a household of Christian formation for men that operates under [he �:cl�bishop of St. . Paul and �4inneapolis. As «�e discussed, I have enclosed an applicacion form and informa�ion re�arding the Determination of Simiiar Use Permic p:ocess. �dditionaily, for }�ou: review> I have also enclosed a copy of a Determination of Similar Use Permit thac �+as aranced co che Companions of Christ in 1992. You wili have until A4ay 31, 2000, to appiy for a Determination oi Similar Use Permit or reduce the number of occupancs to four (4) zt the referenced pro�erry. If you have questions regarding the DSU Permit process call the ZoninQ section of PED at 266-6�89. If you h2ve additional questions or concems regardina :1is maaer, call me at266-9117. Sin Pee Fu11er License & PermicInspector .° � A � �� PtACGP,4'dELFNDCOUPi { M acalesterrGrovela�d Cammiuuty eouncil 320 Sauth Griggs Simet $aipS Paul, MN 551R5-28Q4 Telephone: (651) 645�000 Fax: (651}645-4004 January 3i 2000 Wendy Lane I.IEP Ciry of Sai�t Paul 300 Gowry Prafessor�al Buiiding Saint Paut, MN 55102 Dear Wendy, G�J 1 b4.:�4�1k74 � . i31 It +s my understanding ihac ihere are nins or ten students I'rving in the home at �975 Granci A�enue. 8ecause it appears that this home is not being used according to the zoning cade, enforcament is reques#ed. 'Thanlc you for iooking into this for us. Sincerely, , _��, �,�.�c� Kathie Tamowski Communrty Or9anizerlExecutive tJirector � • � � xercLd a+� / � • ��ya ,��s� - _ . . -_�s-:.-.- --= - ' �..,�,;�:- . '!v%Zia+.iii p ��r - n �`�' z i i i. c a ; i > �: 4D 1`��`�� etrr a� -a�� Cotnci! tile d o 7'/l3.2� '� � Gteea 5*ee� � ��/3 • � 2 1 � t.l r��.so�.�:zior� R�C�(VED Sq�q,ZT pAUL, MINNESO7A DcC 2 2 p_esen�ed By Co�aittee: Bate AIIA�� ezncc=.: �,• — �-- 3 4 5 6 7 8 9 1(3 11 12 13 14 15 16 17 18 19 20 21 22 23 24 'Jj 26 ?7 28 24 �e 31 32 33 3� 35 3b 37 38 39 40 41 42 S3 Whereu, Compa�iob5 of C1u�s�, �OS4 Grand Avenue, Saini Paul, s�4innesota 551t}�, made application to tne Pla��ning Comraissioa for a determin2.*.on of similar use requesting that t�e Comm�ssicn determine that faeir proposed use of z residential structure is most similaz to a convent pursuant Lo the provisions of the Saint Paul Zoning Code for properry located at 2137 Mazshall Avense, legalIy desrnbed u T-ot 21, Block 6, Roblyn Pazb Ad�uon to the City of Saint Paut, Rzmsey County; and �,Vhereu, The Zonir.; Commit*.ee of the PluuiinS C°m�uion conduded a puolic hearing on September 14, 1992, afrer having proGided �otice to afiected property owners, and submitted ics recommendation to 2he Commiss:on. "Iha Com�ssion, by its Resolution 92-59, adopted September 25, 1992, decided to a9�rove the application based �esolution� s attahed hereto nd n orp u at d heein bYhefe ence; aad Py of which SVhereas, Pursuant to the ptolisions of Szcrion 64?0�, Steven M. Tallen, 2149 Marshall Aveaue, Saint Paul, Mn. 55104, d!�ly filed K:th the G�ty Cie:k an 2ppeal from the determination made by tue Plannin� Commission, requasting thai e h=2ring be held beiore the G�t� Council for tfie purpose of corsidering �'�e actions t2�Cen by tne said Commission; : �Vhere2s, Acting pu�suant to Sec*.ions 6S:L0� tnrou�h 64.2�&, znd uoon notice to a�ected p2riies a public l�earing �'%as duly conducted by the City Cou=cil on November 19, 1992, where all interested parties were given an opportliniry to be rezrc; and 'SVhereas, Tne Council, having heard t3e statemenu made, �nd hzvi�� cors:de;ed tbe zpplication, the repoR of staff, :he recurd, minutes j.nd resolurion of the Zoning Committee and oi the PIasning Commissioa, des nereby ResoIve, That the Council of ihe City of Saint Pzui does hese�y affrm ihe decision of the Planning Commission ia this na.tter and does hereby �o P�°`°� and conclusio:s made by tne Commiss4on, p�ovided ch2c the apg=icz.ion bein is made exp;essly subject to the followir.g canditio:LS: 2. 3. 1, Tne number of residenu shail be limited to eigfit. St�ch:r aEeraTions that woe:d na'.:e coacersion of the bci'ding to a s:r.ale fa.-,uly use 3iffacult are not permitted. Any adcitiors to the str�ciure mu;t be reczewed and approved by the Planning �:oms�i`-`-iou. Existing off-s�*eet parking facilities shall r.o: be changed, t�at at leazt five (5) sp�ces be maintained at all titnes and tlt_t three (3) oi L'�ese five (5) snalt be accessibie simnit2neonsly. _ __.__w.....::-.:,::�-�'"�:.�.�` � .r:', _ . -:=s`�_ - <a-�., .. ",. ..- .-» . ..-;-.. . .. . . _ .. i_i : ;;`=- E s -;: ��. =, - : __. .: .__. . .-.__� I Furt��: Resoived, That the appeal of Staven Tzllen be aad 'u fiereLy denied; and, v 2 be it 3 4 Finally ResoIved, That the Clty Clerk shaII mat� a copy of this resolu[ion to 5 Stevea Ta12e¢, Comganions of Cfzrist, the Zoning A_dministratur and the PIanning 5 Commissioa • F Yeas Navs Absent -in� ,n i _ Reqvested bq Depar�ent o=: Ada�Ced by Council: Daie ___ i5F(` 1 Q�g�2 T � Adoption Ce� figd by Co��c�� Secreta�y H � :� � y DEC 18 1�97 App:oved by Na.or: Date i _ s By: Form B s�m=_s5ton to /9ya �s�da-9�� • • • city of saint paul planning camm►ss�on resolutio� fife number ` 5 �te `-�-�=-'er 25. ��92 i`r.=3_?S, CG>:??.\IO�S OF C"r�ISY, file =92-207, has =pplied for z czternin=tioa _�_ cy � 00 f o� the S=int P«1 of s_., cse eadeZ the provis oas of Szctioa b.3 O ,s ��e Code in orLez to cete_��i^e if housing for an associstion o£ Leg: la _ _ r_•_ tiici intead to become priests, is siiyle= �-'i C�-isc_z:� ��? �hful, r..zr..ba:s o� 2137 ;'_'RS'r?LL ?VE\�E, lee= ue to e cor.rer.t, on property loczted at cescribed �s Lot 21, Bloci: 6, no�l}� P=Z� Acdition; �:id G;_�_-5, c'za Zon:ng Cor.�ictee o� tl:e P1=�ning Cor.�ission helc s public te=r=^g 0o al ersons resent �erz g:�'ea �n opPostc cn ge�ce��er 1�, 1. 2 et �h'_ch 1 p P . LiYe==��s LO pE hea'd purscant LO Scid 'c7?Z-CcLlOi1 1R ZCCOZ�cilC2c'r.,a�:1 �512 i2Q 'o:-t E!.300 of the Sair.� ?=L1 i-eg'-slati�e Code; o= Sect: : ?zcl ?ler.ni Co-:,ission, based oa tnz evide:�ce prese^tec w'=:_=S, t�z S�'n� •� _ to i�s Zcai-.g Cor.: ittee zt �^c ?L'Dl hzaY�no as sccstart±al�y '-"z°?ec�ec i:t �he �_..�.es � r..ada tne zollocir.� ==^ciaos o� �ec�: by c^e ap licar.t. ''e - rZic=_ :� t ' _ o::+_n� in=o_caticn •-as ? _cviczd P ' ` _`�• _ ' Co-_ea:cns oi Cn_ist, is nor.�ro_z�, tax-e�e, corpo_etioa �t _5 � '.:j11C 2550C1cC10R 0= �::Z -c��C:=L'� ==21�-1ci2d �� +� "'•� �-C�G�OC252 C= Sc:�i_ ��::1 u'.]d �lIi�l:c?0�15. �r2 S1X I:'ci7 S:.^.O cY0 L'c:J2:5 G� :� E C:`c1=Zc�10:3 M1�%c:1C �O b2 cD12 CO ].1\°2 LOO2�l:2i 1T1 c S2}1_+GLS CO^= �%••-�y• :.ccz�:cr.al -eab�rs r.,zy jcia t:-�e orgsnizatioa in t2:e _ucue. TnY r°_ � o: 3i�e in �:nich �hey azsy tc_e�he_. .. na� 'o:,^„ed z cor,inoa pat.�_. - �_als snd chores, a�d cpe�a�e L�c'ar e cor�=oz rinanci=l p�=� i.^.2 t:'_S�O:,� Oi �i18 O��c^1Zc�1G^ i5 c5 i0�10::5. F1'�2 L'cII �G1I1�C �� =�' c.0rc1 Tic=]EYS " G:=ist" in 1°SS a� 504 Lat:el. S"' to�zc�:zr es "Se�-ants o� , `_z . ne oz �:Zizat=o� �es `_nco:po:==ed c�_e s�c '�eat �__ ��e groc� evolved. T �` r `.� ;o�� d :n 1954 �cved to 20El: 6_and uhe.e it Yentec a.^•oLSZ �=o� r �0_� (:FS �nzversity of St. ino�.as �or t::=ee }•ears: ?Gr� o_ �^e �e_�ers' �O '=07n 4:1L.R S�llCEIIi.S G:1 Cc=�+US. 1f12 OT�cA1Zci.lOA t:�5 b°-E:1 ZOCcLEC te=�cr�ril�, since �ne e�c o� 1=st �onth, in � rec�ory =:�:`==?�e^ooc. Fecorc+_r.g to the =p?Iica.^." = oisno? o= tna Arcnc?oczsa sc_oeste3 to Lc=72:5 OL LR2 �IOl:7 �+.�� -r2�' ;,OL'la SEI:'2 LR� C.'.:-=C:1 c5 i�1ESt5. Eecause tiey �:aat �o co:at3-ce ;.o lice togztner in a:zlzr�`_ees ec-� =-- � moved by '��'.�. °"=- -- seco�x�ed by — in favor �o against � �y . � . 1T.vY( _ . h.� �-�co•r� _ ��: '. i __ _ ' ' - f S the bishop suggested thay fom a public association of ihe church in ordat ta serve and contir.ie living together. ArchbishoF Roach expeeu to issue a£onaa2 decree recognizing the app2ica.Zt as a pcblie associat3on of Lhe Archdiocese tiithin several veeks. The group vill be under the authcz£ty of the archbishap. As a publfc association, the Caspan?ons of Christ are expected to becoca diocesan priests and to live toge[her cor�unally. Four of the grcuo's aembers are attending the Szint Pacl Senina.y and a fi£ih is a stcdent at the University o£ Sainc Thoaas. The first ¢e�ber vill be ordained as a priest in tvo yeats and the teeciaining £ive vf32 be ordaiae8 over tha next five years. Hesters zange in age fron 2S to 37 yeais. This pa=ticular locaeion is desired Sy the anplieaat so that aeabers can walk to the seainary. The house cauld not be used for p�ogtams ogea to the gene:al public. The appliear.t has a putehase agx'eeaent £or the subject properry. A closir.g is schedaled for Qid-0ctcber. O�nezship e£ tae p:operty voald be transferred to tfie Archd?ocese if tha cozp�ration (Co�anLor.s o: Cfir3st) eere Lo be dissolved. 2. Ttxe cao and oae ha2f stcry sinale fani2y hoce has the usux2 liv?ng zoaas and a saall den cn the £irst floor, £our bedxooas on the se�or.d flooz, and an unfinished baseaent sad atcic. The zpplieant plars to bcild a ehape2 in t:�e basement and could probably eventua22p �iafsh t�te actic--perhaps as a i£btary. Fo additiana? tedroons are plaar.ed. At the rear. o£ the prope=ry are a n:o-car garage znd z drivz:ay, botic adjacen: to ar. a22ey. Tr_ee ears can bz pa:�ed in t'r.z drive.ny bct any ca� parke3 there vould pr_vea[ acc_ss to tT.z garag_. 34e six carrer: �eiabers o° the organ£zation o: tii:ee cers. Parking on both sides o: :!arshalZ is pzohibited froa 7:OG to 9:00 A.H. and £roa 3:00 to 6:00 Y.H. Y.�aday thtoc�;h Friday. Tha eu:zen. aad pro?osr3 zoaing code o£f-street parkir.o requirecents ccntain no specifte gazk3r.g stan�:d foz a convent ar sini2a= ese. 3. Tnexe are severa2 uses lis:ed in the zaniag code to ci?ch tcz p:oposed use aight be considared simila:: A. Tia propose3 Lse might be co;s£dered si.i?ar to z conceat. "Coaveats, rectories and paisonages, a12 when assoe±atefl with a c�:�rch, ehapel, synagogue, temple ar,d other siailar hoccse of vors:cfp' are pe�itted i:ses in taz R-2 throvg5 R-b tistriet� CSection 60,L12(6)). A coirrer.t is generaliy considered to be a nurs residence bu: the te = is ccezsionally ap�lied to a groip of reiigious �er. cr pries:s. T:^� A:eiiczn He;itabe Dic:ionary (i985) de,°iaas eor.ceat as "1. a eacmunity, esp, of r.v�rs, boux:.'. by voas to a religio 2i°e cade= a s�xperioz. 2. 2he baiiding or buildings eccupied bl z co;r+ea�, esp. a :sc.�nnery." In p:actiee, eemrents are so�z:i�es ir:zSited 'cy peop2e c;.o do not have e fo�r•+z? or pezzxar.eat conr.ec:icr, to L^.a g. Sct dc hace soae eonnee.ion to it, e.g., a czrdiLate or novice. The pro?osed c:�e � is associ�tzc cith :_= Arcnd:o^_ese zr.d i.der the �:aor=�j c= L"- . l s� B. C • � Ol�-5k -rchbisnop; individuzl r..e-b=='s n�y becoaz assccistecT _ith paZt'-��r churcnes �o1loVing ordi:atio�. Tr.z proposed Lse ::iighL be ccnsicerec si �ilGr to a re:�ast_ry. "uoz�steries end religio�s re�rezts, all L'nez =ssoci�tec ::i�n a cnurch, cn�?el, s}�=gog::e, terple a::d o�fer s�eil=r l:e�:sz os Lors:ip" �re pe^itted in R-1 tnrcvgi R-�: e'-=tZ'-cts �s a special co::citic� Lse; G (')). Tne Arerica:z specific cor.ditions ere .ot listed (Section 6Q. 13 � � 11="a3 place of � F.eritage Dictionsry de£ir.zs Uonaste=} as 1. Tr.a c.e ^� cor,�vnity of perso:�s unczr raligious vo_s, es�. �o=As. .- z ihz ter� "._o: �stez}" cor.-vnity o� ror.'..s livi-� ia a�or.as`.ery." �::ETE �c ±r,.plies an isolated snd sorevh=t sel�-sufiic:e.t ret=eat G lesst so�a g::ests tignt ba �:elcor..z. ir,e pro?os2c L.=_a is not re�rest, its resic=nts a:a rot �:or.:s, aad- it cas r.o z=c_lit_es :or guests. The proposed Lsz r..ignt ba cor.sidered si�ilar to e roc:::�g house, beceLSe it imol�es morz tY:=:z £our vn:elated '=�::lts, or sir:il=r ta � 6or.. - �itory as it is a residaace for scczents. A roo=ing housz is ger.eral2y o?ez to ieWbers cf tne p�.�lic, regardless o= sr.y €roL� o: rel:�iocs ai-ili�:ion, a-d cozs not irr�olve = cc=='-`e'� �0 2 religious and co�„wLr.a � 1I6. TR2 s�:.e can be s�zd ��o•.:: � corr.._�ory, cith t'r.e obvious di�'e_eaca t'r,at it is e res?Bz::ce =or s�ucer.:s. T:e ' ed so* or esz3 es soa_r.g coce defir.zs 20�? .ory as "a DL'l� P+lII� ces=g^ grot:� 1+_�ing quz_ters �c. s �L'U�EZ�S o� a i;ign school_ co?le�e, -; ser::r.�r; � or -iized ar.c o•. zc by � l:z� : sciool, cclle�=, ca_.e�s_�y or €�• . - -. Do^itories a_e f==s` Pz= =t�ec in �^. �T-1 cn°_vz:si�y or se�=nary." , ZOII:P.r".� GiSi.T1CC c5 a. S�cClc� CO^G.�'_OA L`50. ROO-i1=j :1��Sc5 cTE :1=5: �zrr.it:eZ i:i =:� R`:-1 d`_s�rict as a_:ec=�1 ccrci��c:i L=z. -i1 is t. P.es:ce:�cy ia a c:zll:ng unit is li,,.i:ed to one _`��i=°. =_`.. y �;.e 8e�ir.ed by -_'._ zoni:g ccce ss a n=>:i�c= of =ocr L'::�E� ��.._�s. _ coce's ce•°inition o= fa�ily, in its E:L1'-'E =5= O::e er c::o (2) perseas er p=rzn�s, Fith t'r.eir ci.==c� li;;-a? csscencezts cRC cCC�L2C OT �eocl�)' CcT2C IO� CI111GIE:1 �c:1d 1^CZ'.:.C+ �--'•� CO.^..25L'_G e,��ioyees thereo�) .osetce= •�it� ifOL LtCl2 L::cA C::O �2( �Z=50II5 RO� 50 selated, lzvin3 �ogzther in tne ::�ole or p�rt o� u c.el==ng co-?risx�g = �, L cr fe-_r sir.sle housekeepirg Lnit. -�e� �dditiona2 groL� o' fo�_ () pezsozs liv±r.g in svch hoLSenee?ing t:nit snzil aa ccr.sicz:e3 a se��_ate �ar:ly �or the puroose o= this code. (Section 50.2C5.r} 5. "S'r.e ir.te:zt c� tne F. - 1 thrcuan ,°.-4 Oae-F�i1y P.esic=_�ti=1 J:st==cts is :o �LG': =0T c flII'J?LOP�EIIi. OC ��260G1^c::t��' �0::-Ce::e:ty� G_?-_c�l�} . �' c1c`vC -EC1�=t1E5 �i::C:t G2t�CCEG c�ellings aZozg �%'�: o��er residen�ial:� _ se n z�^e resideats in �he cistricts. :ecaese o� _ts res_c>_nti=1 r.att'-_�, �nis cistricc is not intencec =or �ore =_nteasive eses s�c'.^. as sr..e11 co,^,=eience ce��ers, private retieat ce^.ters �nc _ece?t:on i:cuses." (Section 60.b12) Per=itted Lsas in 3-1 tnroc,;a �-4 cistricts, in =zcStic:� �� co=�'�z•'•�s, inciude hos?ices scL hv=n service-licensed co �=cn�ty rzs'_cential fecilities,.bo�h se��ir.g six or fe•.er =acility .es-c�r.[s. Shelte�s cor batcered persor.s sz��ir.g sixteen o= �e�eT_ �acili.}' =zs:cec's �_e pz =it�e� i i ��s_" "".__.- subject to specia? conditions. 6. Tne £our zequired find?ngs specified in Seetion 64.3Q0(f) £or detereinations of siailar use, and the ability of the pioposed cse to confeza to thea, aze as follovs: a. The a:e ts siaiiar in charaeter [o oze or rore of the pzir.clpaI uses permicce4. The praposed use ts s3milaz to a eoaveFt. It is a religious eo�unity, sembers of vhicu are seeking or fntend to seek ordination as pziests, associated cith Lhe A:e�:diocese. Heabers will live, vork, eat, 1ear.t, and pray togethez and vill °cperate t:nder a eomceoa finar.eia2 purse.' b. Tae tr�Fflc generated on such use is slmtIar to one or tore of the _ . -priaeipaZ uses pe_�Stted. T:e tzafffc generated Tuy ihe n�e is expected to be siailar to taa: ganerated by some paraitted uses, such zs eomrents, hoee oeeupations, hospiees, day cate facilities, and bed and bzeakfasG resfder.ees. Tha traf:ic is exneeted to be 2ess than that generated some o:ner pezaitted u�es, sce4 as lib;aries, pazks, �chools, municipal buildi.ngs, s^.d ehcict�es 2nd othez houses of worship. . c. T.e use is ro! flrst pe:aztted irs a 2ess resLrictSve zo3ing dtstzfct. Yh£s fir.ding is affired. d. 7ee ese Ss co.^.stscen[ Gith the compreher.stve p1�. 2he pzoposafi use is ao: referer.eed ia the coa�rehensi�z plsa e�fl does ao: conflict vit; t_he plan. It is, LY.ere£o:e, eousisten� with tise p?an. The preposzd ue i< co3pat±ble cith the s*_izo�mding sir.gle £��1y resider_ces. Tnis no:-itnsunding, follav�n� a:e relevzat exee�is fzom tne "'r.a:sino Po2?cy icr tae 194Qs° ehapter of the cocprehensive plan: � Mairtain a hfg'� levei of o•.mer oetupaacy of single r�ily ar.L �uplex st^:ctutes by ercoaraging hoae oc.:iership oa a ta=geted basis aad expanding o.mership assistanee. (objective 4 aad policies 1S t�d 36, p�. 22-22) �"E1i¢inate land use conZicts that have a negative i^act o: L4e q•:ality of tr.e zesidential en-ritonaent.° (objective I0, land ti:se, P• 3�) Tne three broad oi tne cousina n d�lrsynei°"Sc:hoods, 2)Ltoataia a hign degsee a_ confidence in the eity e- saintain and ia?rove neighborhood qaality, and 3) to ra�e s�e ti�at Sain: Paul rasidents have access iu the housing op?oztuaities that n�et the3r needs.° (p. 4) Tne p:opo�ed use does r.ot coatsadict a.^.� �� tiaese strategies. _ i;p�, THr�FO;�, BE li F_.SOL`IED, by' t¢e :ainc Pac'_ F1ar.nias Co``-ss �n that, c-'at the zctnority o: t'r.e Cir.°s Ir_gislative Code, the Lse pro�osed by a m � � � 1 : . 1 � � - !:g.�::� " " _ ...t_ �T:�c"� _ -. `, aa —�� Co-:p�nions of C'r.sist, to be loczted e� 2137 ?�.:-�SY�LL AV'c�1iE, is hereby Zeter:zined to be sinilar to a convent and shall be s�:bject to L'ne follo::i: g conditions: 1. Tr.e nv^:uer os resiZe�ts shzll be Ziaited to eight. � 2, SLrllCCL'Ic alteratio^s t�=t xould r..=�e coaversion o< tne buiZdino to a single £a;aily use di£ficult are not per�itted, i,ny �ddi�ioas to tha structure nust be re�ie::ed =nd appro�ed by the P1=rning Go-�ission. • ao - 9 y8 � -� � � io 11_� i4 L-1-� i F S i r � Y .b � T Y # � �. � S £� A � J} .. 4 e CITIZEP� PARTICIPATIO DIS RI S 7 �� ■�.�r�� i6f� ��=>i��3 , 3 h' nu � �� CITIZEN PARIICIPATIOi{ PLAN:`iING DISTnICTS 1.SUPIRAY-SATTLECREEK-HIGh:d00D 2.GREATER EAST SIDE 3.WEST SIDE 4.DAYTON'S BLUFF 5.PAYNE-PHALEN 6.PIORTH END 7.THOMAS-DAL� 8.SUMMFT-UNIVERSITY 9.WEST SEVEyTH lO.COMO 11.HAMLINE-MID4tAY 12. ST. ANTHOPIY 3.F(cRRIAM PK.-LEXIt�GTOi{ H�ULINc ROVELP.`i�-FUICALESTEP. .HIGHLAPID 16.SUt1t1IT HILL 17. o0��trlTO�«r{ 2 � 1 � �� . _,--.._..... ......_.... , `i��L-_ : �'a �::: �� ` !�� ii � , ``�� . , �� , �� ' `� i ��c � 1 _ r �_� � > � ' : r� -� _ � - �I � ; / ` r . i � �I ; I� ; � � � �. - G RO V E L A td D— h1AC AL E S 7 E R . ...... ., i ....... DISTRICT 14 � )'�A Y�. ....• n /[. �� .� - i � � �� o� -9�tY � 5 COLLEGf � � � . � . . • e . • � � . . • ' y � . � � i�; ( i �■ � � . . . �,TG7� . . . . . � s ; . . . '' -�— . � — . • � ��•'� � • • � � � � • • • • � . � • • � � � � 4 •' • • • f • u �� . l►1�� --- ;�.�s� ._.- 1� �'� � . ��.,- .�:., . . � ., � . . , � �i�.,�� . �� '� . S�•• •�• •�� : . �� _ ��#��i� • • • • • • � • • �) • • • � ,�� _ � �. (1i' ' �� iid ZD O �� GtSY P1.ANNIN6 80ARD OP ST. aAUL DRG:tiO. 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I�uwumum � , _� � �• � %1J 1 � . "'�._(1 � � � � j � � � �� _ � ' 17t �,li ' �� i �� 5 a - �� : � � „� i �' ; � �f, iff�� i S'� �', 1 �/��.� � f .. �'� 3 � �L ,, 1 . � _,. . � � , i ��!!.� � �', �� _ ,� ti , x n* , �►; �i ��;,t{ E� , i , i �il ` „ �1 ' k � ��`i�i�� i '� w`�� Stlli i�� CouncilFile# OC�9`'1� oRi��a� Presented Referred To Green Sheet # � O(o O O �7 Committee: Date 2 Whereas, Saint Paul's Outreach, zoning file no.00-132-464 and pursuant to Legislative 3 Code § 64300(g), made application to the Saint Paul Planning Commission (hereinafter the 4 "Commission") for a similar use determination for property located at 1977 Grand Avenue and 5 legally described as noted in zoning file no. 00-132-464; and 7 Whereas, the Commission's Zoning Committee conducted a public hearing on July 20, 8 2000 after having provided notice to affected properry owners and submitted its recommendation 9 to the Commission. On July 28, 2000, the Commission granted the application based upon 10 findings and conclusions which were reduced to a writing in Commission Resolution no. 00-49 11 and dated July 28, 2000 and which is attached hereto and incorporated herein by reference; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Whereas, pursuant to the provisions of Legislative Code § 64.206, Larry Starns duly filed with the City Clerk an appeal from the determination made by the Commission and requested a hearing before the City Council for the purpose of considering the actions taken by the said Commission; and Whereas, the City Council, acting pursuant to Legislative Code §§ 64.206 - 64.208, and upon notice to affected parties, conducted a public hearing on September 6, 2000 where all interested parties were given an opportunity to be heard and where, at the conclusion of the testimony, the matter was laid over for the purpose of gaining additional information from the ciTy attomey's office; and Whereas, on September 13, 2000, having received additional information from the city attorney's office, 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 Comxnission, the Council, does hereby Resolve, that the decision of the Commission in tlus matter is hereby reversed based on the following: The Commission ened in finding that this use is similaz to a"convent " The Commission's premise was based on fmding that the use was a"lay religious community" because its participants adhered to a prescribed framework of religious and life style standazds under the guidance and control of an oversight ministry that was sanctioned by the archbishop. These facts do not warrant a determination that Saint Paul's Outreach is similar to a convent. RESOLUTION CITY OF SAINT PAUL, MINNESOTA oa_qyr 0 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. The facts support a conclusion that the use is a`Yeligious retreat" T'he testimony shows that Saint Paul's Outreach is associated with the Archdiocese and that it e�sts under the authority of the Archbishop. Written materials subxnitted by Saint Paul Outreach's specifically state that it is a lay society with a commihnent to furthering the mission of the Catholic Church. However, it is significant that participants in the program are lay people. Program participants aze not clergy who have taken vows and who traditionally would live in monasteries or convents. In addition, program participants aze not seminarians. Participation in the program is an avocation and not a vocation. Because the program participants do not take vows but do otherwise participate in a program which offers an ordered lifestyle of prayer, study and fellowship with other persons similarly situated and is reco° ;'ed by an organized chutch, this use is factually more in keeping with a "religious retreat " 3. The Plauuing Commission also ened by not evaluating the use as a religious retreat under the special condirion use permit in procedures in Legislative Code § 64.300(d). And Be It Further Resolved, that the appeal of Larry Starns is hereby granted; And Be It Further Resolved, pursuant to Legislative Code § 64.207 that the application of Saint Paul's Outreach be returned to the Planning Commission with directions to prepare a new application to consider this use as a"religious retreaY' permitted subject to the provisions of Legislative Code § 64300 (d). And Be It Finally Resolved, that the City Clerk sha11 mail a copy of this resolution to Larry Starns, Saint Paul's Outreach, the Zoning Administrator and the Planning Commission. ORl�INAL Requested by Department of: By: Form Approved by City Attorney $ q ��cw�- �1 2�'�Oo Approved by Mayor for Submission to Council � �� a _ - '- ' �� _�� _ / . ��fj/ �� i_f�l �: Adopted by Council: Date �� S.'11� t Adoption Certified by Council Secretary oo-q�{p' Peter Wamer 266-8710 �T BE ON COUNCIL AGENpA BY (DA7� October 11, 2000 - Consent ��,.�:. � TOTAL # OF SIGNATUR$ PAGES GREEN SHEET cF�Y�IBIf Y�IiCfan No 106070 e,vem.c.. ❑ CJfYAi�M1EY ❑ CRYCtifl[ _ ❑ wwWa�ane�eFaauu. ❑ wuulcumm�xro ❑wvo��aiwwrurt� ❑ (CLP ALL LOCATIONS FOR SIGNATURE) Memorializing City Council acfion taken September 13, 2000, granting the appeal of Larry Stams to a decision of the Plauning Commission allowing a determination of similar use for a private association of Christian faithful housing up to seven unrelated adults at 1977 Grand Avenue. (Public hearing held September 13, 2000) PLANNING COMMISSION CIB COMMITfEE CIVIL SERVICE COMMISSION � IF Hesmu r+�aw�mm� e�e.wo�a u�Wer a w�va�+ra mis aepsnmenn VES NO tlae tlds P�� ever been a dty emdoY�� YES , NO Ooec th's pwsaJfirm pwseca a sldll not nameliyposeesaetl by any arreM clty employee') YES NO Is Mia pasdJlrtne terpBteE vendoR YES NO Yein atl vec anwre�a m aeoaiate sheet end aCaeh b nreen sheef COSTrttEVENUE BUWiETED (CIiiCLE ONE� ACTM7Y NW WER YEE NO ✓ CITY OF SAINT PAUL Norm Colemnn, Mayor September 29, 2000 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Appeal of Larry Starns (Saint Paul's Outreach) Zoning File No. 00-132-464 City Council Action Date: September 13, 2000 Deaz Nancy: OFFICE OF THE CITY ATTORNEY Clayton M. Robinson, Jn, City Attorney Q Q .. q f� �/ Civit Division 400 Ciry Hall Telephone: 651266-8770 15 West Kellogg Blvd. FacsimiLe: 65l 298-5619 Saint Paut, Minnuota 55102 Attached please find the signed original resolution memorializing the Council's decision to grant the appeal of Larry Starns in the above referenced matter. Please place this resolution on the Council's Consent Agenda at your eazliest convenience. If you have any questions, please don't hesitate to contact me. Very truly yours, .,��G✓G�� Peter W. Warner Assistant City Attorney PWW/rmb Enclosure ca Jay Benanav, Councilmember DEPARI'MENT OF PLANNING & ECONOMIC DEVELOPMENI' O� —g�{ 8� � C;ITY OF S�NT PAUL Norm Coleman, Mayor August 22, 2000 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Divis�an ofPlannmg 25 WestFourth Street SaintPaul, MN55102 Telephone: 612-2666565 Facsimrle: 612-22&3314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday September 6, 2000 for the purpose of considering Larry Starn's appeal of a Plamiing Commission decision allowing a detennn�ation of similar use for a private association of Christian faithful housing up to 7 unrelated adults. Applicant: File Number: Purpose: Address: Legal Description of Properiy: Previous Action: Larry Starns #00-140-435 Appeal of a Planniiig Commission decision allowing a detemunation of sunilar use for a private association of Christian faithful housing up to 7 unrelated adults. 1977 Grand Avenue. See file. Planning Commission Recommendation: Approval, vote: Unanimous, July 28, 2000. Zoning Committee Recommendation: Approval, vote: 4-1, July 20, 2000. My understanding is that you will publish noUce of the hearing in the Saint Paul Legal Ledger. Please ca11 me at 266-6559 if yau haue any questions. Sincerely, �ame�� Cltj' P]8llriei cc: File #00-140-435 Paul Dubnuel Cazol Martineau Peter Wamer . ��,.. ' � MOTiCE OF PUBLIC HEARiNG .Ttre Saint Pavl Qty Council tvfIl con- duct- a public hearing on Wednesday, September 6, 2000, at 5:30 p.m: in the City� Covncil Chambers, 1Rird Floor City Hall, 15 WesY Kellogg Boulevard, Saint Panl, MN, fo �consider #he appeal of Larry STazns .to_a decision of the Planning Commission ailowing a detP of sim7l��u nse for _a private association, of ChrLStian faiThful honsing up to seven ('n unrelated adults at 1977 Grand Avenue. Dated: August 25, 2000 - NANCYANDERSON - ' - Ass�lstanY LSty Cbcvtc�l Secretarg ` (Aagtist _____ ST. PADL 7F.(iAI. I�DC�R.- = - Q2011538 . � � � DEP.4R'IMEN'C OF PLA\?lI�G & ECONOMIC DEVELOPMENT AINT •AUL � AAAA G`ITY OF SA�]T PAUL Norm Coleman, Mayor August 23, 2000 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning Pile #00-140-435 Lazry Stams Division afPtam+ing 15 WestFourth Sneet SaintPau{MIv SSIO2 Oo �5�t�' TeZephone: 61 b26G 6565 Facsim:le: 612-22$-3314 Ciry Council Hearing: September 6, 2000, 5:34 p.m. to 6:30 p.m., City Council Chambers puroose: Appeal a planning commission decision approving a detennination of similaz use for a private association of Christian faathful housing up to 7 unrelated aduits at 1977 Crrand Avenue. PlanninQ Commission Recommendation: Approve, vote: Unanimous. • ZoninQ Committee Recommendation: Approve vote: 4-l. Staff Recommendation: Approve. Public Hearui¢ Testimonv: Supnort None. O000sition: Two residents spoke against the detemunation of similaz use. District Council: The Macalester Groveland Communiry Council recommended approval of the determination of similar use. Dear Ms. Anderson: • Tlris appeal is scheduled to be heard by the CiTy Council on September 6, 2000. Please notify me (266- 6�59) if any membex of the City Council wishes to have slides of the site presented at the public hearing. Si �� .c�ilYL Crty Plann cc City Council members . � . a-�� APPLICATION FOR APPEAL • '�� +1 '�{ Depanment of Planning and Etonomic Dwelopment `� J� Zoning Section �� iI DO City Hall Annex 25 i3'est Founh Sireer Saint Paul, MN SSIO2 166-6589 APPELLANT Address �9�0 �StitMM� R �E�1G/E� City �.��v1L St/hn/Zip S�S/oj'Daytime phone l� 7Z5�/ PROPERTY Zoning Fite LOCATION . , , ., TYPE OF APPEAL: Appiication is hereby made for an appeal to the: �' Board of Zoning Appeais �ty Council � under the provisions of Chapter 64, Section �G , Pa�agraph � of the Gode, to appeai a decision made by the �GA-r✓�� orriMSYf��/ r on �Gl�-J ?�, , � (dafe of de isio� number: d0 --- /3L.�� GROUNDS FOR APPEAL: Expfain why you feet there has been an error in any requirement, permit, decision or refusal made by an administrative o�cial, or an error in fact, procedure or finding made by the Board of Zoning Appeais or the Pfanning Commission. • -- ,�L��.' .�- � � Cl.i/��v% ,j — �J �L � Atfach adddional shest if necessary) AppficanYs / � Date �� U�City agent � V �( �, � � 1 � `�� tARRY D. STARNS ♦�♦ '1950 Starenit A�enue � Saiirt P�l, NFnn�da SStOS1460 Hortte Phone (651) 69�729� � Em�l I.dst�rs@�nrorldnd.alY.r� August 16, 2000 City Council of Saint Paul C/o Department of Planning and Economic Development Zoning Section 1100 City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 Re: Saint Paul's Outreach Application for Determination of Similaz Use File No. 00-132-464 Pernut Issuance / Mailing Date: August 4, 2000 Dear Sir or Madame: Please find enclosed a completed Application for Appeal to the City Council of the Decision of the Planning Commission together with attachments in the above-referenced matter. I am aiso submitting a check in the amount of $150 for the filing fee and am servin$ a copy on the Applicant this date by first-class U.S. Mail. Thank you for considering my appeal. Very truly yours, � ��'� Enclosures c.c. 7ohn Rodriguez, Applicant Rev. Harry 7. Flynn Kathie Tarnowski �� _q�tY � (Attachment to Application For Appeal of Larry Starns — August 16, 2000) � APPLICATION FOR A.PPEAL OF PLANNING COMMISSION DECISION Jurisdicteon: Zoning Code Chapter 64, Section 206, Paragraph (a) Venue: Ciry Council Decision Date: Tuiy 28, 2000 Permit Mailing Date: August 4, 2000 File Number: 00-132-464 Grounds for Appeal: 1. Eaor in facts and findings in the determination that the AppIicanYs use is similaz to a convent based upon staff intetpretation of an earlier similar use deternunation in Planning Commission File Number 92-59. � 2. Error in facts and findings in the determination that the Applicant's status is similaz to that of a permitted use, a"convent." 3. Esor in facts and findings in failure to properly enforce the Code by failing to characterize the use as constituting a violation pursuant to Section 64.502, a misdemeanor. 4. Error in facts and findings in failure to find the existing violating use to be a pnblic nuisance per se pursuant to Section 64.503 and ordering proper sanctions in lieu of condon'ng the violation of the Code by issuing a permit, thus setting a dangerous precedent for future Code violations. 5. Eaor in facts and findings in violating the irnent and gurpose of the Code; including, but aot limited to, failing to: promote the general welfzre of the community, provide convenient access to properly, promote conservation of property values, prevent harmful encroachment by incompatble uses, avoid undue congestion of population, establish a reasonable standard to wluch uses shalI conform and provide penalties for violations ofihe provisions of the Code as required by Section 6Q.102, subparts <i), (5),(�, ('�, (9), (10) and (15). • 8o-q�tY • Page 2 6. Eaor in facts and findings in failing to give due consideration ofthe conteat ofthe collective, contemporaneous proposed wning changes in the same residential community in violation of Code Section 60.101(�. 7. Eaor in facts and findings in failing to properly consider the precedential effect of the pernutted ciassification on the tax base of the City and the resultant negative incremental impact on existing properry taapayers in the City, present and future, m violation of Code Section 60.101(1). Finding of Determination of Similar Use The Planning Commission has erred in its determination of similar use by improperiy comparing the Applicant's current use to an earlier use which more closely resembles that of a permitted use: a convent. Standing on its own, irrespective of Archdiocese support, the Applicant's use is not similaz to a convent, and thus is not a pernutted use. • � 1. Lack of Similarity to Use Permitted in File l�iumber 92-59 As the record reveals (see Finding number 1 paragraph 4 of Council Resolution in File #92-1832, received by Zoning on 12-22-92 and attached to current Zoning Committee Staff Report in File 00-132-464), the eazlier use that was determined to be similaz to that of a convent (and thus deemed permitted under the Code) was based upon facts and fmdings materially different than those in the present Application. The previous Council decision found that the unrelated individuals consisted of persons who were to be sub,}ect to the following extensive, restrictive material characteristics: 1. "Archbishop Roach expects to issue a formal decree recognizing the applicant as a public association of the Archdiocese within several weeks ... under the authority of the Archbishop," 2. "are expected to become diocesan priests . .. The first xnember will be ordained as a priest in two years and the remaining five will be ordained over the neat five years." 3. "range in age from 24 to 37, and 4. "This pazticular location is desired by the applicant so that members can walk to the seminary."(Emphasis added) Cleazly, the degree of commitment of the applicants as well as the Archdiocese, together with recognition by formal decree, the direct supervision, proximity and direct association with the church were material factors in the case of the Companions of Christ in sharp contrast to the formation group currently requestina status as a convent. In contrast, in the current Pianning Commission Resolution, it is stated: "The organization is fornnally recognized and operates under the ecclesiastical vigitance of the � Archbishop of Saint Paui and Minneapolis." (Emphasis Added) FinaAy, in the case of the Companions of Christ credib$ity was boLstered by the fact that they requested City Page 3 • authority priar to closing on the property. In the case of the present Applicants, the iliegal use has eausted for over three years. 2. Similarity to a Convent As stated in the record, this proceeding invoIves Planniug Commission reviewing the statas of an entity called a"formation household," not a convent. A convent is defiaed by the previous Councii decision at finding 3, paragraph A. as "A community, especially of nuns, bound by vows to a religious life under a superior." (Emphasis added) The definition cited aLso refers to "a candidate or novice." The findings ofthe Councii in 1992 aLso included the following guidance: "the proposed �tue is associated with ihe Archdiocese and under the authority of the archbishop; individual members may become associated with particular churches following ordination. "(Emphasis added) Cleazly, the earlier finding of similarity to a convent was cazefuIly and accurately based upon material facts not found in the current App&cants' con&guration as a mere affiliate of the Church. The current Resolution also bolsters ttus interpretation by quoting a definition of convent that states: "a local community or house of a religious order or congregation, " implying a distinction with the lay community members of Saint Paul's Outreach. Furthermore, it is interesting to note that while the present Resolution distinguishes these • forn�ation houses from monasteries due to the fact that "its residents aze not living under strict religious vows, "(Emphasis added} nevertheless those vows aze an integral and essential part of a nun's life commitment and status, and so of a convent. While the individuals who wish to live together may possess genuine commitment to Christ and the Church in their hearts, they cleazly do ttot qualify as a convent and are not entitted to benefit from its special statvs given their lack of forma� coaunitment to and oversight by the Archdiocese. Irrespective ofthe Archbishop's ecclesiastical and personal support of this group, they nevertheless are not yet under his ecclesiastical authority because there aze no enforceable bonds or vows upon wIucfi to establish standards of conduct and sanctions as with the clergy and nuns. It is interesting to note that while in a conciusory manner the Archbishop states that "The formation households that Saint PauPs Outreach sponsors aze simiIar in kind to religious houses of formation, uovitiates, and convents," in fact, he indicates that this is merely a "Lay ministry," clearly demarcating it as a goup of secular individuals and not the ministry. He also states "Many young people have moved on from Saint Paul's Outreach formation households to enter formal religious orders and priesthood. " (See Ietter from tiie Archdiocese of Saint Paul and Minneapolis dated 7uly 17, 2000) (Emphasis added)_ As noted by Margazet DiBlasio in her letter with faY date of 7uly 26, 2000 and addressed to the Planning Commission, there is a connection between the special status given the clergy and convents by virtue of their direct oversight by the Church and its canonical � � _q�tY • Page 4 laws. This forms the basis for allowing groups of unrelated individuaLs whom otherwise might not follow the community morals to live in close association with traditional families. 3. Misdemeanor Violation Section 64.502 (Violations) ofthe Code specifically states that "Any person, firm or corporation vio2ating any of the provisions of this code sha11 be guilry of a misdemeanor. " It is clear from the facts in the zecord that this Application resulted from the Planning Commission's decision to invite the Applicant to avoid penalties by filing for a"Detemvnation of Similaz Use." The Commission has failed to enforce the law as stated in the Code, its first charge, and instead bas preemptively attempted to ratify an existing violation in derogation of that responsibility. This all occurred without notice to the neighbors affected until the context of ratification was in place, a violation of due process for those in oppositioa 4. Nuisanceperse • Section 64.503 (Public Nuisance) of the Code specifically states tt�at "any use of premises or land which is begun or changed subsequent to the time of adoption of this code and in violation of any provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction." The Applicant's current use constitutes a nuisance per se hased upon the facts in the record. It is a violation of the Commission's duty to enforce the Code to condone such a use by ratifying it through a"Determination of Similar Use" after the fact and in the face of neighborhood protest. This is a violation of the due process rights of the other neighbors who, by virtue of the after-the-fact reclassification, will be unable to prevent enforcement of the law so as to avoid continuing efforts to use preemptive tactics and City grocedures to reclassify the uses and wning classifications they rely upon at the time they make the commitment to purchase properties and pay City and County taxes and assessments. 5. Intent and Purpose of the Code The Code is the law of City development and use. It should be enforced, albeit with some just�able exceptions that are cIearly articulated, understood and fairly meted out, when to do so is in the interest of the community. The use being proposed for rat�cation by the Applicants is clearly not within the zone of exceptions allowed by the Code and wiil be an unfair and unreasonable imgosition on the neighborhood as it will weaken the exceptions allowed for unrelated adult occupancy of single family dwellings, the � predominate use of this portion of Grand Avenue and abuning Summit and Lincoln Avenues. The record reflects (most notably in the comments of Alyssa Rebensdorf sent to the Commission via e-maii dated Ju1y 28, 2Q00) the likely effects of continued Page 5 • use by the Applicant. Additionally, as ahsentee laadlords acquire more single family residences, such as with the Applicant, a"domino effecY' will begin to transpire. Houses will cease to be inhabited by single families and the neighborhood will turn over to predominately commercial (rentaI) use. The Code's stated this process thwarts intent and purpose and the Planning Commission should exert e�rtreme vigilance in guarding flie e�cisting conforming uses. Clearly, added population created by these changes in usage of single family dwellings will not pmmote the welfare of our community, will restrict convenient access to our properties, will erode property values, wi11 constitute a hazmful encroachment by incompatible uses, witl constitute an undue congestion of population and wiIl consritute an unreasonable standard for conformance of uses and, finally, will obviate the purpose of penalties for failure to comply with the Code. 6. Contestual Anatysis / Cumulative Effects Presently, Planning Commission staff is being consulted by and is assisting three separate zoning reclassification requests within two blocks on Grand Avenue. These include the property at 1977 Grand, the Thomas Liquor Store (located at 194 t Grand) request to raze two residential dwellings located at Prior and Grand Avenues, and the University of Saint Thomas massive expansion project which, if approved, will consume two entffe blocks of Grand and Summit Avenues between Czetin and Cleveland Avenue. (See additional . attachments) To this appellant's knowledge two facts are common to all of these requests: 1. Property has been acquired prior to approval without notice to the commnn2ty, and 2. The City is reviewing these independently of one another without true °`pianning" analysis to detemvne whether the cumulative unpacts will pose more bazms than the proffered good being espoused by each individual applicant separately. Tfie scenario is exceedingly grave given the tikely negative impacts of each, let alone iheir combined effects, on what is presently a predominately single-family-dwelling community. Only the Planning Commission, with its abiIiry to focus on aU proposed uses, can observe such cumulative requests and impacts and give Lhem the proper scrutiny and analysis. Most property owners located within the wne of impact will likely be unawaze of these proposals and, even if so, incapable of defending lus or her interests in what has become an Applicant-friendly, front-end-loaded process lacking sufficient scope ofnotice to affected neighborhoods. By failing to bring proper contextual and cumulative impact analysis into the process, tke Commission has failed to obtain an adequate factual basis for and accurate assessment of the impacts of its decision. � � �a � • Page 6 7. Tas Base Erosion Of the three contemporaneous reclassification reqnests referenced earlier, two wilt take property off of the tax rolls. This is one of them For many years slow erosion of Saint Paul's t� base has been tatn� place, pazcel by pazceL How long can the Plznning Commission keeps allowing this before a crisis is at hand, both from the standpoint of sources of taxes as well as undue and unfair taxation of the remaining tax paying property owners? Is it not a central mission of any planning agency to pmmote the economic health of the community? In fact, is not the economic health of our community essential to the community's general welfare? � � � July 10, 2000 Dear l�ieighbors and Friends, I chose my salutation thoughtfully because it is the hope of the Thomas family that we aze not only neighbors but friends as we1L To eazn your respect and friendship it has always been the policy of our business to: 1) operate our business in the utmost respansible maaner, and 2) be sensitive to and respectfiil of our neighbors. As you undoubtedly know by now I am applying to the city to rezone the property across Prior to the west of my business. The purpose of the request to rezone firom resideniial to P1 is to fulfill a critical need for parking for my bvsiness and The neighborhood. I know that my plans k�ave been discussed among neighbors. I thought it would be appropriate to have a meeting to show you our pIan, exptain it, and ask for your input. The meeting witl be Monday, July 27 at 7:00 pm at our home at 2126 Iglehart. I would be happy to pmvide transportation for anyone in need of a ride. You can call me at the store (699-1860) or at home (644-6058). My guess is that the meeting will take less than one hour. Jim Thomas and family r yo s G;�� i�� t9-fl Grar:,� �ver.,:� - S�Er.; P!:.!. yt::ti:zsora 5�1c75 (G:') (>c;'_? :, �� A newsletter for neighbors af the University of St. Thomus �a =9�EY July 2000 Revised Plans for campus exPansion to be presented to task force flug. t; you're invited St. Thomas will present revised plans for iu Sununic Avenue expansion project to a Macalester-Groveland Community Council task force on Aug. 2. The 7 p.m. meecing will bc held in Rice-Olin Hall ac Macatescer College. Commenu will be accepced both from the general public and che task force, which indudes members of the communiry council's board and residenu who live on blocks �adjacent to the expansion area. Representacives of St. Thomas • . . : . . . . . . . . . . . . . . . . . . . . . • . ��j Bring che kids for free gony rides, face paincing and a clown balloon aztist! Let loose and ha�e fun Rain site: Nfurray-Herrick Campus Center and Opus Archicects & Engineers presented initial concept designs for tiie two-block azea bounded by Summic, Cleveland, Grand and Cretin avenues at a May I O task force meeting. Those designs envisioned five arademic buildings on Summic and a series of Grand apazcmenc and townhouse buildings for up to 500 students, faculry and staff. The designs also showed pazking under che rwo blocks for up to 2,000 cars> depending on rhe size of a ramp. Tazk force and public reaction to rhe designs was mostly negative at the meeting. People objecced co the pcojett's densiry — too many build- ings on Summit, coo many residen- tial uniu on Grand, too many vehicles on surrounding streeu and too many pedesaians crossing Summit. Sc. Thomas and Opus have spent the last two months revising the plans with a goal of reducing the Continued inside • ��e�� • • It�s Mardi �ras in Au9ust! . Join us for our annual Neighborfest celebration • . . 5:30-7:30 p.m. Thursdar,Au9 3 : on St. Thomas' Fotey Plaza ; Tap your toes to the Bourbon Boys ... : Get "fac" on Thursday wich free ice cream cones, cotcon candy, lemonade and popcorn ... ; $cay out of che ho� kitchen and let UST do the cookin' ... � � Available for purthasr. New Orleans-sryle chicken, • hot dogs, burgers, brats and che ever-popular pickles on a stick ... : . . . . . : : ... .� ...................................................... Revised plans feature fewer buildinqs, qrea�er setacks, more �reen space Conrinued from Page 1 urban universiry campuses across the ment worksheec review, afcer which � country," he said. "I am convinced Sc. Thomas will make additional projecc's densiry. The new plans will our plan wi]] reduce — noc encourage changes to che plan before submit- show fewer buildings, greater secbacks from all Four sueeu, fewer pazking spaces and more green space. The first phaze of che expazuion will deal only wich the block east of Finn Sueec. St. Thomas hopes to conscrucc cwo buildings on Summit, for undergraduate business and music educacion, az well as residen- cial unizs on Grand. Preliminary pazking plans call for up to G00 spaces on cwo underground levels, wich access from Cleveland and Finn: The Rev. Dennis Dease, presi- dent of St. Thomas, told che cask force in May that contrary to messages on signs in the neighbor- hood, the expansion projecc is an effon to limit "campus sprawl" by concentrating new buildings on che cwo blocks. He poinced oac chat rhe St. Pau! Ciry Council, in signing a 2990 _ Special Condition Use Permit with Sc. Thomas, acknowledged the universiry would continue to pur- chase properry in the two blocks. The city document also notes Sr. Thomaz' interest in redeveloping the two blocks because they aze a natural link between the main campus north of Summic and the former St. Paul Seminary caznpus. Dease also said he does noc expect the expansion projea will lead co significant enrollmenc increases, as some people fear. The project's primary purpose, he told che tazk force, "is co provide beaer facilities for programs thac today aze in substandard faciliLies and more housing and parkina on campus." "I have seen `campus sprawl' on — campus sprawl." St. Paul campus enrollment dropped chroughout the I990s as St. Thomas moved izs graduate programs in business, education and professional psychology to che Minneapolis campus. Overall enrollment in Sc. Paul hic a high of 8,712 scudenzs in 1991 and de- creazed 1G percenc, co 7>314 scu- dents, in 1999. Undergraduate - enrollment in St. PauI has been scable in that time — 5,132 in I991 and 5,153 in 1999. Sc. Thomas hopes co submic a_ preIiminary plan to che ciry chis fall. The ciry will hire a consuIcant to condua an environmencal assess- ting it to the ciry ne�ct year for . formal review. The St. Paul Planning Commis- sion must approve a new SCIJP, which escablishes heighu and setbacks for new construction> seu a cap on enrollment and decermines che number of required pazking spaces. The Sc. Paul HeriLage Preser- vauon Commission must approve requesu co raze buildings and to construcc new buildings on Summic because the avenue is in a historic distritt. Decisions by either commission can be appealed to the St. Paul Ciry Council. lohn Roach tenter for the Liberal flrts to 6e dedicated fept. t� � Aibercus Magnus Hall, which for hatf-century served the Universiry of St. Thomas as a center for science, has a new interior, a new purpose and a new name. The renovaced Summit Avenue landmark is now che John Roach Cenrer for the Liberal Ans. The center is named for Archbishop John R Roach, who retired from active miniscry in 1995 aEcer nearly 50 years of service co rhe church, including 20 years as archbishop and chairman of the St. Thomaz The $9•8 million reaovation projecc lefr the exterior of the Collegiace Gothic, Mankato stone scruaure only slighdy changed, but che incerior was gutted and rebuilc. Sc. Paul-based McCouah Conscruc- tion, which built Albertus Magnus Hall in 1947, began work on the renovation in July 1999 and finished ahead of schedule (and sliandy under budget) in May 2000. When che building opened 53 years ago it was hailed as one of the ueas leading science faciliues. Ic originally was named for St. Alben rhe Great, rhe "Universal Doccor" who was Sc. Thomas Aquinas' ceacher at Cologne and Pazis. Prior to the opening of Frey Science and Engineering Cencer � rhree years a�o, Albertus Magnus HaII was used primarily by the Continued on the next page boazd of truscees- � city of saint paul planning commission resolution file number o0-49 date 7-z ao—�� WHEREAS, Saint Paul's Outreach (File 00-132-464) has applied for a Determination of Similar Use £or a private association of Christian Faithful housing up to 8 unrelated adults for property at 1977 Grand Avenue, legally described as (see file); and WHEREAS, the Zoning Committee of the Planning Commission on 07/20/00 held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WFIEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee aC the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. Saint Paul's Outreach is a not-�or-profit 501(c)3 organization involved in the work of evangelization and ministry to university � students and young adults in the Twin Cities area. Tne organization is formally recognized by and operates under the ecclesiastical vigilance oE the Archbishop of Saint Pau1 and Minneagolis. An integral part o£ the organization's ministry is the formation of young adults through community livina in one of its five households, such as the one at 1977 Grand Avenue. These "formation houses" afford the men o- women in residence the opportunity to receive training in Christian living in the context of a supnortive environment that allows for pracer, study and fellowship. The formation houses are an example of the Catholic faith's increased emphasis on new organizational structux'es supgorting Che spirituality of lay people. The residents have a commoa pattern of life that includes prayer, Mass, meals, shared chores and other acti��ities. Each formation house has a house leader who provides adninistrative and pastoral leadership for the other residents. Acceptance into a formation house is based on a written application to Saint Paul's Outreach. Applicants are reauired to submit letters of recommendation and are interviewed by a pastoral team. Applicants are judged on their commitment to C'r.ristian life and their social skills. Current zesidents at 1977 Grand P.venue include students and working professionals. moved by Field seconded by in favor Unanimous � against The property at 1977 Grand is a four bedroom three bath bungalow. Off- street parking consists of a two bay garage, a one bay garage and three � spaces on a parking pad. 2. Residency in a dwelling unit is limited to one family. A family , is de£ined by the zoning code as a maximum of four unrelated adults. Tne code's definition of family, in its entirety, is: � "One or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereof) together with r_ot more than two (2} persons not so related, Iiving together in the whole or part of a dwelling comprising a singZe housekeeping unit. Eve= additional group of four (4) or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of this code." 3. The intent of the RM-2 Multiple-Family Residential District is "designed to provide for more extensive areas of multiple-family residential development as well as uses related to the multiple-family residential districts, or uses which serve one-family residential needs and require more extensive sites. The RM-2 District is further provided to permit comprehensive development of a multiple-family project so as to establish a balance of population concentration as related to major thoroughfares and transit, and related facilities." Permitted aad special condition uses in a RM-2 district include a11 permitted and special condition uses in R-1 through P.-4, RT-1, RT-2 and � RM-1 districts which would include convents, monasteries, rooming houses. Possible uses in the zoning code to which the proposed use might be similar include: y. The proposed use mignt be considered similar to a convent. "COnvents, rectories and parsonages, a11 when associated with a church, chapel, syazgogue, temple and other sirilar house of worship" are permitted uses in a RM-Z district. A convent is generally considered to be a nuns residence buL the term is occasionally applied to a group of religious men or priests. webster's New Collegiate Dictionary defines co^_vent as "a local community or house of a religious order or congregation; esp_ an establishment of nuns." While the applicart`s use does not reflect a traditional religious order, it does represe^t a 1ay religious community that operates under the guidance and control of an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed fra�ework of re2igious and lifestyle standards, and fosters those religious standards through an open communal living arra�genent. Tnese characteristics are similar to any male or female religious order within a convent living arrangemer_t. b. The proposed use r:ight be considered similar to a conaste-_y. "Monaster;es and religious retreats, all �vhea zssociated �:ith a � church, chapel, s-�agogue, temple and other si�ila- house of worship" are perr,:itted in a RM-2 district as a special co^dition � ,� - a�-4�Y � use; specific conditions are not listed. Webster's New Collegiate Dictionary defines monastery as "a house for persons living under religious vows; esp: an establishment for mon.ks�� The term "monastery" �mplies an isolated and somewhat self sufficient retreat. The proposed use is r.ot an isolated zetreat, its residents are not monks and iEs residents are not living under strict seligious vows. �. The px'onosed use might be considered similar to a rooming house, because it involves more than £our un=elated adults• However, a rooming house is generally open to members of the public, regardless of any group or religious affiliation, and does not involve a commitment to religious and communal life. Rooming houses are first permitted in a RM-1 district as a special condieion use. Applicable conditions are: 1. Minimum lot area of five thousand (5000) square feet be provided for the first two (2) guest rooms and one thousand (1000) square feet for each additional guest room. z. One off-street parking space for every two (2) facility residents. � 3, Permission for special condition use applies only as long as the number of residents is not increased and its licensing, purpose or location do not change ard other coaditions of the percnit are met. � 4. Section 64.300(g) of the zoning code states, "when a s�ecific use is not listed in the district the planning commission shall determine if a use is similar to other uses permiCted in each district. The planning commission shall make the following findings in determining whether one use is similar to another:" a. That the use 1s similar in character to one or mo-e of the principa2 uses permitted. The proposed use is similar to a convent. P�hi1e the applicant`s use does not reflect a traditional religious order, it does represent a lay religious community that operates under the guidance and control of an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed framework of religious and lifestyle standards, and fosters those religious standards through an open communal living azrangemer_t. These characteristics are similaz to any male or female religious order living within a convent. b. That the traffic gererated by such use is simi2ar to one or more of the principal uses nermitted. This finding is met. The traffic generated by the nroposed use is similar if not less than most uses in a RM-2 district. The trafiic 5 enerated by the "fo�'mation house" will consist of rzsid>_ntizl trips. The low tra-Lic volumes geaerated by the "formatior_ house" nake it � com:oarable to smaller scale apartment facil`_ties. c. That the use is not first permitted in a less restr=ctive zoning district. This finding is a£firmed. d. That the use is consistent with the comprefiensive plan_ This finding is met. The 1999 Land Use Plan, policy 5.1.1, - highlights the following urban village principle, "Good neighbozhoods have commercial, civic, and institutional activity embedded, not isolated in remote, single-use complexes." Therefore, Be It Resolved, based on findings 1 through 4, the Planning Commission approves the determination of similar use application for a private association of Christian faithful housing up to 7 unrelated adults at 1977 Grand Avenue with the condition that a minimum of 4 off-street parking spaces be provided on site. _ � • r� LJ Zoning Committee Minutes July 20, 2000 File #: 00-133-d64 Page 2 James Toscano, President of Summit Avenue Residential Preservation Association, appeared in opposition. He noted that St. Paui`s Outreach is a noncanforming use of the house. The house is in deteriorating condition. The garage is not used for parking, but rather for stnring a pooi tabie, weighf lifting set, and other miscellaneous artictes, so 3 cars are parked along the alley on their property, not in the garages. 'they have parties with family and friends coming to visit, He atso stated a precedent woufd be set because fhis is not a Catholic Convent; they don't take vows of obedience, chastity, and poverty; and some of the men work and contribute to the house and, do not minister to the students. The students who are working pay rent like a rooming house. This is a gathering of people living together to live according to a rufe; that is not an order however, because they don't take life-time vows. There may be other groups applying for Determinations of similar use under the pretense they are Christian fraternities. Edwin M. Nakasone, 1995 Grand Avenue, appeared and stated there is a parking probiem with S people living in the home and the garages not being used for parking. • Mr. Rodriguez appeared and stated 5 cars is the most they have had at one time. Right now � the men own 4 cars. Three are parked in the back, and one cac is parked '+n the street. They have never received a trash complaint. There are three large trash bins and one bin has 3 slots in it for recycling. There are family gatherings but they are quiet and not considered parties. � Currentiy among the 7 men living in the house, none of them are empioyed or students. One of them is a member of the staff, the other 6 men are participating in a program of fu!(-time formation that involves going through the catechism of the Catholic Church and engages them in youth activities at locations other than the property. After a compiaint two years ago, they will now hold substantiai gatherings af more appropriate off-site locations. At the question of Commissioner Field, Mr. DeMarais explained that in Catholic tradition formation houses are piaces where people live in a family type environment for a period of time in a focused way, growing in an understanding of their faith, and their ability to live out ffieir faith. There is an element in formation houses thaf has to do with vocational discernment with a fairly described pattern of family life with an orientation fowards growing and understanding their faifh in preparation for a vocation. Upon question of Commissioner Faricy, Mc. Ftodriguez stated the garages are usable and they have not used them for cars because there is sufficienf space for parking. They are pianning to take some of their storage ofF-site and use the garages for parking. Upon further question of Commissioner Field, Mr. Rodriguez stated they would be agreeable to using the garages for parking cars. The public hearing was closed. At the question of Commissioner Field, Mr. Torstenson stated that the Pianning Commission � may impose reasonable condition for a determination of similar use, but the City Attorney has advised that any such conditions shouid be in line or simifar to conditions already in place in the zoning distsict for similar uses. � MINUTES OF THE ZONING COMMITTEE Thursday, July 20, 2000 - 3:30 p.m. City Counci! Chambers, 3` Floor City Half and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Fietd, Kramer, Mardell and Morton Engh, Gervais Carol Martineau, Allan Torstenson, James Zdon of PED T'he meeting was cha+red by Commissioner Field. St Paui's Outreach - 00-133-464 - Determination of Similar Use for a private association of Christian faithful housing up to eight unrelated adults. 1977 Grand, beiween Prior and Cieveland. �D �qKY James Zdon showed slides and presented the staff report. Mr. Zdon stated they received a letter from District 14 in suppo�t of the application, and one letter from a residenf in opposition. The Zoning Staff recommends approvat of the Determination of S+milar Use. � In response to questions from Commissioner Faricy, Mr. Zdon stated St. Paul's Outreach has owned the building at 1977 Grand Avenue for approximately 2 years. The complainf initiated by Macatester Groveland Cammunity Council was a density issue artd was not reiated to behavior or property upkeep issues. John Rodriquez, Director of St Paui's Outreach, and Gordon DeMarais, Execu6ve Director of St. PauPs Outreacfi, appeared and passed out a letter of endorsement from Archbishop Narry Flyn�, and an overview of the household program. At the question of Commissioner Faricy, Mr. Rodriquez stated 7 men live in the house. He atso stated they have an informat association with the Companions of Christ. Marty of.the priests - that are Companions of Chrisf or the seminarians have at one fime or another been employees, worked in ministries, or lived in the formation houses prior to joining the seminary. They afso serve mass, hear confessions and provide pastoral guidance. Mr. DeMarais explained Companions of Christ originated from the St. Paul's Outreach Program and became a separate entity. Forty men and women who lived in their househo{ds have entered religious life. Upon further question of Commissioner Faricy, Mr. Rodrequez stated fhey have 5 househoids located in St. Paul and Minneapolis. This location is a base for the men in the household to do ministry work among students at the University of St. Thomas, University of Minnesota and other local co(leges. � Mr. DeMarais explained they wouid Iike to have 8 people living in the house but they would accept 7. If they had to abide by the definition of a single"family", they would have to seli the property because it wouldn't work for their program. dp.qKY � Zon'sng Committee Minutes Juty 20, 2000 . File #: 00-133-464 Page 3 Commissioner Faricy moved approval of fhe Determination of Similar Use apptiqfion for a privafe association of Chrisfian Faithful at 1977 with conditions that there be no more than 7 unrelated aduifs residing in fhe house and that a minimum of 4 off-street parking spaces be provided on site. Commissioner Kramer seconded it. Commissioner Mardeii stated he would vote againsf the motion based on precedent issues the well-articulated neighborhood opposition. Adopted Yeas -4 Drafted by: Nays -1 (Mardell) Submitted by: Approved by: Litton d Chai � c`� ��.a.�v Carol Martineau Recording Secretary rl � ain ames Z o Zoning ction • ., e f �.�.cs:"�� l�� w �Q —g�fY Je.sus Cl�rist is tl�e sanrc 7•esterda}5 tnda}' a�rd frn•erer "�r^ ia�s _'_ � " " _' '__'" _;"�..-. .T"'. _ Archdiocese of _ _ �_ ; �"�` �` '- � - ,.. *..•-�:�. •:�: Saint Paul and Minneapolis _.--_..;..___._. . _.._�._�� =� -- . - 'i:3 s «,`.. Jul�� 17, 2000 To �Vhom It May Concern: :�� J� 2.; 2GOC 1`". ..:i� ..:'sr�?ii£I31'S`��° � I am zrriting to you on behalf of Saint Paul's Outreach. I am familiaz «ith Saint Paul's Outreach and the pro�rams of Christian formation they offer for Catholic university students and }�oung adults. Saint Paul Outreach is a Catholic Lay ministr� that serves youn� people in the Archdiocese of Saint Paul and Minneapolis : In recent years the Catholic Church has w�itnessed the increase of movements and associations initiated and organized by lay people an� dedicated to various forms of apostolate. In recognition and support of these movements, Canon La�v made provision for them in its most recent rzvised code (cf. Canons 29$-300; 321-329). Saint Paul's Outreach has sought the necessary approval of the Archdiocese and has been granted permission to operate as a Catholic organization. � The formation households that Saint Paul's Outreach sponsors arz similar in kind to reliaious houses of formation, novitiates, and con��ents. Many youna people have mo�•ed on from Saint Paul's Outreach formation households to enter formal reliaious orders and priesthood. A number of priests and seminarians in this Archdioczs: received initial formation in Saint Paul's Outreach sponsored households. T have extended not only ecclesiastical but also peronal support to Saint Paul's Outreach _ They are a��onderful contribution to both the local Church and the broader communit�'. . hope that you ��ill recognize their exceptional status and make nece�sarv pro��ision in housin� codes for them to continue. �i'ith every �ood �vish, I remain • Sincerely }�ours in Christ, --� �,�.�..� �� --��.�..... The Most Re�•erend Harr}� 3. Fl}•nn, DD Archbishop of Saint Paui and Minneapolis ht'I?Upl['�^�^::IWr:U�..rnlo;:!t_='�_i I:::!:?;:'!7JOCo: :_'6 \� v�::� :\��:! 1: I'�t!. \I��I�nl �i10_'-?I9� • l:�.IGi; • � . 'o` _"JU-1G'_i �-.r�. anF.C„ri"dr,'..�...ur_ SainY Panl's Outreach Household Program � An Oven•ie�t The follo�ving is intended to provide an overvie�v of the recruitment, apptic2tion, and commitment process for the SPO Househoid Pro�ram. Pre-Applicntivn Tfie staff of Saint �Paui's Outreach meet as pastoral teams (men's team and women's team) to consider those �vhom they would like to invite to consider appl}�ina for the Household pro�ram. Most of those under consideration will have had significant contact «ith SPO, such as participation in prayer meelinas, retreats, socials, etc., durin� the school year or during the surnmec (Summer Formation Program, Youn� Adult Summer Conference, etc.). Some witl have had ]ess contact but �vi(1 have expressed a strong desire to participate based on their o�vn personal circumstances and the reputation of our pro�rams. __The basic criteria for invitin� a person to apply are: a retationship �iith Jesus Christ, demonstrated by a commitment to Christian tife and practice; an understznding of the prac[ices and commitments of the Househoid pro�ram; and a desire to receive ongoinQ Christian formation in the context of a community liclna experience. Althou�h Saint Paul's Outreach is a Roman Catholic oraanization, garticipation in any of our proarams, includine Household, is opzn to other Ctuistians �vho share our ��sion of formation, communin�, and senice. � Application When zn individual is invited to apply (or requests the oppoRUnit} to apply), he or she is �i�'en an application �vhich helps the stzff �et a fulter understanding of w'r:e che applicant is and �vhv he or she would like to panicipate in the Household pro�m. Ques::o�s on the application cover the Qamut of basic personaI information (name, address, etc.) to ques:ioas relatin� to th� applicant's spirituaI life ane� practice. In addition, the applicant is asked to s:ek tt�'o references to attest to his or her capabili?g to live out the commitments of the prosrzm. When the agplication and reference materials are received, a supeziso�� staff member �vili review the application and svt up an time for an inten�ie«� «4th the zgp'.icant. The intenzecv serves a dua! purpose: first, as an oppoRUnity to Qet to know the applic2n; better on a mo;e personal basis, and second, as an opportunity to e:cplain further to the app!:canL the �oals, expectations, and commitments of the Household program and gau�e Iu_ or her understandina of the proaram. If the pastoral tezm deteanines that enou�h informatian has beea gathered to mal�e an acceptance decision the team meets to prz}• and detiberate to m2le a dzci>=on. Tf not enouah in.`ormation has been sz:F,ered. a second stz_ rrzember �vi11 con��et z fo!:'��.�-u? interview beiore the pastoral team makes a de:.ision. . b ��Y � r1n acceptance decision may take one of three forms: acceptance, nor-acceptance, or non- acceptance �vith a recommendation to re-apply at a later time. Criteria for non-acceptance may include, but are not limited to the follolving: personal immaturity, insufiicieat understanding of the program, lack of demonstrated commitment to the Christian life, ri�d dis�Keement with the_ basic tenets of Catholicism, and emotional or psycholoeical needs which aze incompatible �vith the demands of community Iiving or which the staff dee tr s ote n� for c enonal t and spin' adequately. Non-accepted candidates rvho sho�v a stron� p P �roc�th are normally encouraaed to apply again (usually in a year). Acceptance Applicants accepted into the program are sent a letter of accepiance and a form indicatm� their intent to participate in the pro�ram. If they wish to accept, and to abide by the commitments and practices of the pro�ram, they si�n and return the fonn, along �vith a security deposit to hold a p!ace for them in our grogram. ' The Program At the besinning of the Household program (September for [he academic year; June for the summer season), residents attend an orientation session �vhich lays out the commitments, practices> and obli�ations of the pro�ram. At that point they si�n a lease and a conduct policy, � cogies of w°hich aze held in the Saint Paul's Outreach offices. The residents livz out a plan of life cvhich encourages prayer, Christian formation, and cammunity, �vhich includes: >�Iorning prayer 4 da}�s a«'eek (Liturg}- ofthe Hours, suns przi�e. personal pra}'er) i�venin� meals 3 days a week (cool:in� and cleanup duties are shared among the residents) i House Nlass once a tiveek . i Pra}'er meetings e� ery other �uesda}• evenino (on the L;�nit of Saint Thomas campus with other households, students, and young adults, ane consistin_ of formational/spiritual talks, prayer, and faith-sharin�} i Household faith-sharin� smail �roup every other Tuesda}' e�e:�;na (at�ernates �yith prayer meetings) i House chores each Saturday mornin� i A Lord's Day celebration once or t��ice a month > Participation in the monthly Saint Paul's Outreach Young �del: �Iass (held at Nati�lt� of Our Lord Catholic Church) i Participation in nvo weekend retreats in the Fall and Sprin� :- Parieipatioe in the tcoCkS oi ev2nselization of Saint Pau''s 0_ :reach (=z�iPus o: youn� adult minist�}�, special e��ents, conierences, etc.} � P.e;idents aiso find and take �d�anta�e of other. infomial opponuni:ie= =o �'<<''� rh�ir tife to��eclier, such as mo�iz or samz n<<�iiu, se��'ice �tiu:�:, caiupiu � t';p'. <:-.- -.. � a�� The Residenfs Participants in the Saint Paul's Outreach Household progcam inctude both univetsity students and young adults who work full or part time jobs, including full time mirustry �v2th Saint � Pau!'s Outreach. They range the spectrum in their geoQzaphic and persoazt back�oecnds, interests, conversion experiences, and life goals. They also ran�e in aQe Lom i 9 to 27 years of a�e, �Vith the average a�e bem� 22 years. rllthough thzy may be differer.: in man5 ccays, ihey choose to live in a household in order to seek God, to gro�v in maturitg as Christians, and to share their faith �rith others like them. Ducing the academic yeaz the house at 1977 Grand avenue typicali}° serves a miYture of students, fult-time workers, and those �vho both work and study. This summer it is bein� operated exclusively for participants in the Saint PauPs Outreach Summer Tnternship ProQram. In addition to the commitments of the Household proa am, the Summer Int�rns have set aside the'u summer to receive full-time formaTion and trainin�. The internskup consists of an academic component (courses on Seripture and the Catechism) and a service component (conductin� youth retreats, a vacation Bible school, outreach to the poor). Participants ra!se sponsorship to support themselves and do not hoId outside jobs. Adrninistraiion Each resident is responsible for payin� a monthiy rent, �vhich co��ers room and board, 1 utilities, and an administrative fee to cover other pro�am costs. At present that rate is �375.Od. Rent is paid to Saint Paut's Outreach office, �vhich then pays the househol� bills and distributes li�ing espense funds to each hoasehold. This fund is used for orocerie_ �r_d household supplies. � One resident ofthe househatd serves as the pastoral and adm;nascrati�•e leader for the house. He or she is usually� an emplo5ee of Saint Paul's Outreach and is r�sponsible for directina the life of the house at att ieveis_ The pastoral responsibilities include bzs=c carz of tne residents, addressing personaI concems and � ving counsel �vhen appropriate, z�'3 ser. as the spiritual head of the house. �dministrative responsibilities include schedulins. cs_:��ating household responsihilities, administerin� houszhold fun3s, commnrucating need: to :: Sain: Paul's Outreach office (repairs, etc.} and overseein� order in the house. Terfnitiation Generally, a resident's commitment is over at the end of the 1�2s: period (ylaq or August). He or she nay then choose to teave or ask to conciaue into aPic �} re sons to Z kwai typically does not entail re-application; unless there are practical or p..=• :• someone to do so. He or she simply fills out another form indicatins i:�teat to participate in the ne��t season of the Household pro�ram. it has occasior,:ll}� happenzd that the stafffias had to as� a re�:�:-- �o lea�� che pro�ram- Reasons ma}� include nan-pati of rent over a period oftime, ina�i:� ;: er Izc� o= desse to liv° o�t the commi:men:. ef the p�o�ram, or esrevious violation ef the ce--?-: policc�. IR such cases- -,.�ii::'iii`:� .�; -�i'; ^"',, ^fi,Pi ,-��nre [ter� 2��Orts io <.ddre„ prohl�m� : "�::�:2`.t0*��. =.:COC(�IR� 20 � �a..9�f� • the Saint Paul's Outreach Household Conduct Policy and the Saint Paul's Ou:reach Lease Asreement. Post-Household � The Household pro�ram is intended to serve garticigants on a number of levels. For some, it is an opportunity to Qro�v in a life of grayer. For others, it may chie.h• be an opportunity to grow in relations4ups with the other brothers or sisters with whom one m:sht Ii��e. For still others, it may serve as an immersion into a vibrant Catholicism and to root a person more deeply in his or her Catholic faith. For all, however, it serves in one way or anothe' 2s a springboard into another phase of life tivhere the Chrisiian life may be lived according to God's specific cocational ca11 for eacfi person. Saint Paul's Outreach, as a lay Catholic organization, is concemed c:ith helping alt Chzistians to understand the universai call to hol'iness, re�ardless of one's sczce in life. In seeking to respond to that call by parcicipation in the Househoid pro�ram, participznts w also usually frnd their particular vocational call, either to pr'sesthood or religious life, Christian marria�e, or the dedicated single life. The Househotd p�o�am serves as a launchin� pad for numerous such �•ocations. Past pro�ram par[icipants hao•e �one on to discern reli�ious life with orders such zs the Franciscan � Friars of the Rene�vai, the ��issionaries of Charity, the Carmelites, and oth:rs. 7he ?.rchdiocese of Saint Paul and Nlinneapolis boasts several priests, includin� many Compz,�ions of Christ, who rer,eived formation with Saint Paul's Outreach before goin� off to seminzn �tudies. And there are many �ood and hol}� married people and sinsies who are able to bztter lice out their Christi�n faith because of the formation they received from Saint Paul's Outreach ane the Household program. \J JUL-1N�=��J b4]til ri� f�n�tilcb�trt vrt�vc��.ti� Macalester-C�roveland Conam.unitY Cou.nc31 sio soo� ori� sae�c sa;ae �, atH ssios-2aoo ?elepbem: (6S1) 645�000 Fax: (651) 69S�dObd Juty 19, 2000 Litton Fleld, Chalr Zoning Committee St. Paul Planning Commisalon 1100 City Hall Annex 25 West 4th Street SaiM Paul, MN 55165 � � � _ � J U i Dear Litton, The Macalester-Groveland Community Councll supports the aPPAcation of Saint Paut`s Outreach for a Determination of Similar Use for the home at 19T1 Grand Avenue with ihe condition that there be no more than four vehicies at this address and that the � number of res�dants be qmtted to seven. This matter was resolved on a divided vote. A number of nefghbors spoke in opposition to the application voicing concerns about parking, density, noise and fear that a precedent coutd be set making it posslbia for mwe than four unrelated students to live in homas in the area. � Our board understands thet a convent is a permitted use in a single family zons. There, howevar, was considerabfe argument over the definition of a conveM. It wouid be helpfui in futUre decision making 'rf the on thls matter would clearly define what a convent Sincarely, Cxx,�� -a-�--� Kathie Tarnowski Community Organlzer Planning Commiss(on in its decision is. � e�izai�aaz �s:<e �.z��zs�_s L1� ��=J UBRY D. ST�iiiS � ♦�� 7950 SurmMAwnue � Saint PaW. Atinnesata 551957180 Hure Phrna (651) 888-729i � Emml I.d.stama�tcAdndettne! 3uly �0, 200� � • cny �fs�t Pa� Department of Ptanning and Economic Development and City Plazuti.ng Commission Zoning Committee 1400 City Hall Annex 25 W"est Fourth Stzeet Saint Paul, Mumesota 55102-1634 Re: PED File No. 00-132-464 � �� p �� t E � �E � � � n � � � r r � $ Aeaz City Officials: I am writing this letter to you since I wi1S not be able to attend che hearing scheduled for later today. The purpose of thi� tetter is to explain why I am opposed to the zoning variance being requested for 1977 Grand Avenue. I am a 21-yeaz resident af Saint Paui. I currently reside at 1950 Summit Avenue, where I have lived for 11 yeazs. I am also an attomey and familier with the adage o#tentimes used in my profession: "hard cases make bad law." This is one of those cases. This request is 1) imprartical; 2) sets a dangeraus precedent; and 3) makes a mockery of the current !aw by which all of us abide in my neighborhood. First, you have before you a request to allov�� 8-9 adults with attendant cazs, gazbage, activzty, etc. to reside in a three-bedroom house designed and up until recently used as a single-family residence. Not only wiL th3s make for very difficult basic livinf; conditions for those in the home, it will inerease our problems with parking in the alley (we all know that there simpty isn't enough parking on Grand - people will park zn the a]]ey during bad weather and late at night after the sueet is full). This is especially acute in the winte;r when plows need to get through in the eariy moming hours. Second, no one can seriously equate this ioose configuration ofpeople uzth the clergy or convent members, who aze Iegitimized througb special, sanctioned and Long-recognized religious organizations who make vows and commitments which set them apart fzom t�,ose who do noi. Like snany different faiths, these people may be sincere, but they do not constitute the legal and societal status s$orded more committed members of the community of Futh What this leads to is s dilution of the Code by allowing loosely-configured groups to form roor,ung houses in our City of Saint Paul July 20, 2000 neighborhood without any enforceable standard to prevent tivs from ttappening• This is bad � public policy and a practical nightmaze. Finally, we all rely upon the zoning code as the law by whzch we make decisions to buy and inhabii our homes and locace non-conforaung uses. I rely upon it to raisc my two children in a p}ace where they can have the safery and convenience of similarly oriented neip�bors whose famities, by the way, emanate from tfie same rype o£commitment as that mentioned above. The Saint Paul Zoning Code was created with the geater community's then curcentIy, present and future intaest in mind. Sometimes, it does work a ttardship on an indiv'sdual petson or business, but tliat is to be expected if we are to maintain the integrity of the Code itself. All of us accept those trade-offs by observing ihe rest'sctions that burden us as we1L By allowing individual variances such as this one, which clearIy obviates the purpose of creating stable residential neighborhoods ( that's why we have th.e four unrelated aduh rule ), makes foots of those who rely upon its existence and those who claisn to be enforcing a"code." Think of the word. It Gas sie�' cance. So do you as stew+ards o£it. Thank you-for considering im,+ comments. Very truiy yours, � � . .� i • �(/GJ�ZZ�Z 15:�7 LLLS7G�710 L1D��O_V aa -�� TO: �� City of St Panl Planning Commission Members Fax #: (651) 2283220 � • �� • Margaret DiBiasio 1g54 Summit Avenue gt Paul MN 55105 Macalester-Groveland Resident Fati and phone #(651) 690 5536 �; U GE : TesDmony for thc July 28`� hcaring conceming "similaz use" designation �'� of property at 1977 Grand Avenue I ha��e tcstified twice bcforc the Macalester-Grovel•and Community Council objecting to a request made by the "Chtistian Outreach Group" of West St Paul to ailow more than fous unrelated atiults to live in a bunFalo�z home at l9'77 Grand Avcnue 2oned as a single family dwelling. At tlie first land use committee a vote denying the requesc was reaehed after careful consideration of the petition to a11ow a"similar use" exception for this Christian formation group. During that hcaring the dangcr of sctting precedent w�as carefully weighcd. At the second meeting, in spite of cne fac[ that none of the committee members could define the concept oF "similar usc and "com'enVmonastery", a vote was takea and the Maca(ester-Grove]and land Use Commictec's recommendauon was reversed by a vcry narrow margin. Given the general ambiguity that prc�•ailcd bcfore the entire Macalester-Grove4and Community Council, one might argue that chis second voce was invalid. . At the recent mceting of the St Pau] Zoning Committee I understand that the vote was swayed by an argument stating Archbishop �ynn's support for the unique concept of this Christian formation group and the city r.oning committcc approved the similar use designation tequest. Regarding the preccdcnt that would be set it such an exception were made, l pcesent the fo11oK•ing argumcnt for }�ou ta card�uily consider: • If you appro}�e this requesc the city couid not in the future discrimina�e against any group Lh�`- claimed affi(iation «•ith � religious or spiritua7 sect or cu]t, if tha[ formation group pee�tioned for a similar cxccpti��n. Oi/Gb:Ld�u 1�:C� o.[c7�� " ---�_� • It would be feasiblc (or a sororiry or fratemity group attending a denominational college to • claim a similar objective of Chrisaan formatio�, and the nature of these "religious" groups would wazrant a similar cacepaon to residential zoning in any neighborhood- • Within the canonical (church law) designation oF convenUmonastery members are vowed/committed co a"religious" life and aze bound by vows oEpoverry, cel(bacy and obedience to the scN•ice oC their churches. They live under a common financial plan. Furthermore, membcrs of monasteries and con�ents have a iong history of sharing in a common, canonica[(y regulated iife. This is not the case with any ]oosely bound retigious fonnation group, whether it bc a group oC young adults seeking to leam about liviag a Christiaa life, or a "cult" of peopie living in a"communai" relationship to promote their goals and to celebrate their uniqueness. - Civic iegulauons defining the responsibitiues of governments and municipalities to convenis and monasteries were detetmined long ago, under quite diCferent ci�umstances• AL Chis time, given the major chaages in convcnt and monastic structures and the expansion of [he conceptof Christianirctigioas formation, the precedent you wi11 se� in approving this request will make ic aimost impossib)c to curtail further eneroachmen[ on residentially-zoned neighborhoods. Soon more speciaily "cxemFted" propenies will be able to avoid compliance w'ith zoning regutations � and be removed (rom the property tax base of che city. • A number of d«�ellers in any residentiat neighborhood could petition for a similar exception, asking thai their homes be decSared piaees of religious tormation, and et•en peritioning to be eaemgt Crom payine propeny ta�cs. Any "Chr+stian", "Jewish", "Buddhist', or "Hindu" family. Gr even any organized "culc", could peti[ion to be exempt from zoning laws and property taxes, claiming "similar usc" for "religiouslsp�ricual" formation". Where do you draw the line? You havc the responsibility of delivering fair and equitable rutings Cor zoaing exemptions. Special in[crests must be u'eighed aCainst good Qolicy and fair go�ernment. I trust that you take this charge scdously und that }�U �'��l not bc ixhoiden to undue pressures from the Amhdi�se. If you accede to the request Cor "spccial privile�e" ia this case, you wil{ undetmine the zoning rule and descabilize a St Paul regulation that hclps to keep residential neighborhoods intact- � JU�-28-2000 09=15 Judge Da�id Doty • � a� _��r Alys&a Rebensdorf From: Aiyssa 42et�ensdorE �air@lorax.fo�estry-umnedw. To: <�ee�a@a-stpaul.mn.us> � � �c.��'l Sent Friday. .fv�y 28. 204� 824 AM � Subject 1977 Grand I am writing fo express my concems regarding the proposed simi�ar use des�gnation of property at 1977 G2nd. ��uid lilce to asK the Planrting Commission to carefuily cons�der this p�oposat from two perspectives: 1_ Precederttial value: �f a tooselY affi�iated 9roup af Christians are ailowed to exceed zoning restridio� for single famity dwettings on the bas+s that fhey are similar to a convent, to what eXteni can the Pianning Commission deiry this excepfion to any other group ciaiming 2o share similar moraUspritualtreligious vaiues? Certain4y the convetrt exoeption vras irttended to m�n more than the inte�pretatlon the Chrisfian Outreach Group have given it, now that their backs are against the vrall (Please do recall the procedu2l posture of 2fiis situtation. Shese people have lived in fhe house at 1977 G2nd fw some time now. w�th as many as 10 people hovsed under one roof. !t v2sri t unti! someone discovered this fact and infortned them that they were in violafion of code thal they detecmined that they were "like a convent" Please do not atlow this ex post facto logic controi yoor decisio�.) 2. lncremental effect on a fragile neighborhood: Those of us who 1"sve in the vicinih/ of St Thomas, Macalestet and St. Catherine s understand the difficui5es of mairttaining ou� neighborhoods fo� s�ngte famity homes and non-studerrt rerttais. We are tonstantlY seein9 homes that once fioused familiss being purchased by the Co��e9es, bY busi�e� own�s and by absent landtorcls seeing the opportunity to make an easy dotlar. i wouid encou2ge you to drive through this neighbofiood and observe this phenomenon first haed;. You wiU � see the homes that have degraded, a�d you wili be speak to neighbors e+A'�o decry the increase oPstudent paRy houses and of businesses and larger rerrtal operations that bring more cats mto an alteady con9ested area. 1�ead in the �ilager last nigM that the owners of 1528 G2nd have received approvat for iS�eir home to be converted from single family use to o f f ice zoning. A n o t h e r h o u s e, l o s t from the ranks of singte family homes Yous incremecrtal decisions are making it incr�singly di�cuit for homeowners to feel stabie in Yhis neighborhaod. We Sook upon the proposed exPens�ons of UST and St. Cate's and the proposai to buiSd a street car tunning the length of Grand and we are left feeling assaulted upon in all directions. Your dec+sions really do impac.t the stability � this neighbofiood. Would you wartt to buy in this neighborhood at this point, knowing that the house dovm the street is a�rezdy a UST party house and the house next door to you couid be pur�hased at any time and converted into a home for 8 young people ca)ling themseives a convent? These are ou� homes This is wfie2 we hope to raise our chitd�?n a�d grow oid. Piease exercise your decisionmaking authorily with proper tegard for this fragite component Lhat makes a. residential neighbo�hood thrive. 7hank you. � qlyssa RebensdofF 2096 Lincoin Avenue ?/28!00 TOTAL �•�"- �� -9�tY � 1. 2. 3. 4. 5. ZONSNG COMDSTTBB SfiAFI+ REPORS _____________�____�_________= FILB # 00-132-464 APPLICANT: Saint Paul's Outreach CLASSIFICATION: Determination of Similar IIse IACATION: 1977 Grand Avenue pLANI3ING DISTRICT: 14 LSGAL DSSCRIPTION: See file DAT& OF �nRT**G: 7/20/00 6. PR8S8NT ZON2NG: RM-2 ZONSSIG CODS.REFBRSNCE: Section 64.30Di5) 7. STAFF INVE5TI6ATIO2S AZID RSPORT: DATE: 07/12/00 BY: James 2don 8. DATS RSCESVSD: 06/13/00 DSADLINS BOR ACTION: 08/12fOQ A � B C D PIIRPO58: ➢etermination of Similar Use for a private association of Christian faithful housing up to 8 unrelated adults. PARCEL SIZS: This rectangular parcel has 50 £eet of frontage on Grand Avenue and is 150 feet deep for a total lot area of 7500 square feet. E%ISTING LAND IISE: Single family residential structure. SIIRROIINDING LAND II58: North: Single family residen[ial structures in a R-2 district. East: Twenty unit multi family apartment structure in a RM-2 district. South: Single family residential structures in a RM-2 district. West: Single faznily residential structure in a RM-2 district. E. ZONIICG CODB CITATION: Section 64.300 (g) of the zoning code states Chat when a specific use is not listed in the district the planning commission shall detesmine iE a use is similar to other uses permitted in each district. The planning commission shall make the findings detailed in #4 of this report in determining whether one use is similar to another. F. HISTORY/DISCIISSZON: In 1992, a similax Determination of Similar of Use case as approved by the PZanning Commission and City Council. Copies o� the Planning Commission and City Council Resolutions are attached. G DISTRICT COIIDICZL RECOI�SffiNDATION: To date, no recommendation has been received £rom the Macalester Groveland Community Council. � H. FINDZNGS: 1. Saint Paul's Outreach is a not-for-profit 501(c)3 organization involved in the work of evangelization and ministry to university � students and young adults in the Twin Cities area. The organization is formally recognized by and operates under the eccZesiastical vigilance of the Archbishop of Saint Paul and Minneapolis. An integra2 part of the organization's ministry is tfie formation of young adults through community living in one of its five households, such as the one at 1977 Grand Avenue. These "formation houses" afford the men or women in residence the opportunity to receive training in Christian living in the context of a supportive environment that alZows for prayer, study and felZowship. The formation houses are an exaa�ple of the Catholic faith's increased emphasis on new organizational structures supporting the spirituality of lay people. The residents have a common pattern of life that includes prayer, Mass, meals, shared chores and other activities. &ach formation house has a house leader who provides administrative and pastoral leadership for the other residents. Acceptance into a formation house is based on a written app2ication to Saint Paul's Outreach. Applicants are required to submit letters of recommendation and are interviewed by a pastoral team. Applicants are judged on their commitment to Christian life and their social skills. Current residents at 1977 Grand Avenue include students and working professionals. The property at 197'7 Grand is a four bedroom three bath bungalow. Off- street parking consists of a two bay garage, a one bay garage and three spaces on a parking pad. 2. Residency in a dwe2ling ua3t is limited to one family. A£amily is defined by the zoning code as a maximum of four unrelated aduZts. � The code's definition of family, in its entizety, is: "One or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children {and including the domestic employees thereof) together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprisiag a single housekeeping unit. Every additional group of four (4? or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of this code." 3. The intent of the RM-2 Multiple-Family Residential District is � "designed to provide for more extensive areas of caultiple-family residential deveSopment as well as uses related to the multiple-family residential districts, or uses which serve one-family residential needs and require more extensive sites. The RM-2 District is further provided to permit comprehensive development of a multiple-family project so as to estab2ish a balance of population concentration as related to major thoroughfares and transit, and related facilities."' Pesmitted and special condition uses in a RM-2 district include a11 pesmitted and special condition uses in R-1 tfirough R-4, RT-1, RT-2 and RM-1 districts which would incZude convents, monasteries, rooming houses. Possible uses in the zoning code to which the proposed use might be similar include: a. The nroposed use might be considered similar to a convent. � b� �a�� • "Convents, rectories and parsonages, all when associated with a church, chapel, synagogue, temple and other similar house of • worship" are permitted uses ia a RM-2 district. A convent is generally considered to be a nuns residence but the term is occasionalZy applied to a group of religious men or priests. Webster's New Collegiate Dictionaxy defines convent as "a local community or house of a religious order or congregation; esp: an establishment of nuas." Whi1e the applicant's use does not reflect a traditional religious ordez, it does represent a lay religious community that operates under the guidance and control oP an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed framework of religious and lifestyle standards, and fosters those religious standards through an open communal living arrangement. These characteristics are similar to any male or female religious order within a convent living arrangement. . b. The proposed use might be considered similar to a monastery. "Monasteries and religious retreats, all when associated with a church, chapel, synagogue, temple and other similar house of worship" are permitted in a RM-2 district as a special condition use; specific conditions are not listed. Webster's New Collegiate Dictionary defines monastery as "a house for persons living under religious vows; esp: an establishment for monks" The term "monastery" implies an isolated and somewhat self sufficient � retxeat. The proposed use is not an isolated retreat, its residents are not monks and its residents are not living under strict religious vows. c. The proposed use might be considered similar to a rooming house, because it involves more than four unrelated adults. However, a rooming house is generally open to members of the puUlic, regardless of any group or religious affiliation, and does not involve a commitment to religious and communal 1ife. Rooming houses are first permitted in a RM-1 district as a special condition use. Applicable conditions are: 1. Minimum lot area of five thousand (5000) square-£eet be provided for the first two (2) guest rooms and one thousand (1000) square feet for each additional guest room. 2_ One off-street parking space for every two (2) facility residents. 3. Pezmission for special condition use applies only as long as the number of residents is not increased and its licensing, puzpose or location do not change and other conditions of the permit are met. 4. Section 64.300(g) of the zoning code states, "when a specific use is not listed in the district the planning commission shall detezmine if a use is similar to othe= 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 Che principal uses pezmitted_ The proposed use is similar to a convent. While the applicant�s use � does not reflect a traditional religious order, it does represent a lay religious community that operates under the guidance and control of an oversight ministry, is sanctioned by the local archbishop, encourages participants to adhere to a prescribed framework of religious and lifestyle standards, and fosters those religious standards through an open communal living arrangement. These characteristics are similar to any male or female religious order living within a convent. b. That the traffic generated by such use is simiIar to one or more of the principal uses permitted. This finding is met. The traffic generated by the proposed use is similar i£ not less than most uses in a RM-2 district. The traffic generated by the "formation house" will consist of residential trips. The low traffic volumes generated by the "fozmation house" make it comparable to smaller scale apartment facilities. c. That the use is not first permitted in a Iess restrictive zoniag district. This finding is af£irmed. d. That the use is consistent with the comprehensive plan• This finding is met. The 1999 Land Use Plan, policy 5.1.1, � highlights the following urban village principle, "GOOd neighborhoods have commercial, civic, and institutional activity embedded, not isoZated in remote, single-use complexes." I. STAP'F RECOt�NDATION: Based on findings 1 through 4, staff recommends approval of the determination of similar use application for a private association o£ Christian faithful housing up to 8 unrelated adults at 1977 Grand Avenue . i d0 q�Y i DETERMiNAT10l� OF SiMILAR USE APPLlCATION Department of Planning and Economic Aevelopment Zoning Section II00 City Hall Annex 25 West Fourth Street Saint Paul, MN SSIDZ 266-6589 APPLICANT 1a Zoning v�ce.use an[y : �Fite,no ; City 1��• �• �� St.$R� ZiP S� ( � Daytime phone�� ^dily Name of owner (if different) Contact person (if different) �a�n (Zc�lri 5lte1 Phone S2rnr u � PROPERTY LOCATION • . ., � Legal description: _ Cusrent Zoning ��2 addrtiona/ sheef if REQUEST: App{ication is hereby made under the provisions of Chapter 64, Section 300, Paragraph � of the Zoning Code fior a Determination of Simi{ar Use. � . r Currenf rr✓rk� ia n Proposed use �SaM2' SUPPORTING INFORMATION: Provide the foilowing information tattach addition� sheets if necessaryl. ❑ {s the use simi4ar in character to one or more of the principal uses permitted in the zoning district? S�'Q 2�'IG�03e�0 alUUth7.PM'C�� ❑ Is ihe traffic that the use will generate simiiar to traffic generated by one o� more permitted uses? SP_e e�cl�sQd do�w�n{a�� ❑ )s the use already permitted in a fess restrictive zoning district? � � �zy, �er �2� �ull2r, LzED � ty �C t �i �tys`" Required site pian is attached ❑ Applicant's Date 6�" �3� Ot� City ag2nt ( � n,:�` �}. SAINT PA UL'S O UTREACH 110 Cn�sader Avemre • l�'est St. Paul, :�IN 55118 •(G51) 4.i I-6! 7 June 2000 Departsnent of Planning and Economic Development Zonin� Section 110� City Hall Annex 25 ��est 4�' Street Saint Paul, MN 5�102 Dear Sir or Madam: Saint Paul's Outreach, a Roman Cathotic young adult ministry, and the owner of a sin�le-unit dwelling at 1977 Grand Avenue, would like to apply for a Determination of Simitar Use permit, which is attached. Our organization «�as recently found in violation of the existin� zoning rea lations for that property, housinzseven unrelated adults �vhen only four are allowed. Saint Paul's Ouireach is a non-profit �Ol (c)(3) or�anization invotved in the iiork of evan�elization and ministry to university students and youn� adults in the T«in Cities. We aze an outreach of the Community of Christ the Redeemer, a lay association reco�ized under Catholic � Church Iaw as a`'Private Association of Christian Faithful," which is recognized by, and operates under the ecclesiastical viQilance of, the Archbishop of Saint Paul and Minneapolis. The property at 1977 Grand Avenue serves as a household of Christian formation. As such it ailows the men livina there the opportunity to receive formation and trainina in Christian living in the context of a supportive environment that allows for prayer, study, and fellowship. The housekotd pattem of life includes dailv corporate and personal prayer, �tieekl} Mass, and shazed meals, chores, and social or service activities. During the academic year residznts include students and working professionals receivin� formation while pursuing full-time studies or jobs. During the summer, the residents include participants in our Summer Intemship Pro�ram> a full- time formation and service experience. In pursuing the zoning matter with Peg Fuller at LIEP, it was su=�ested that u�e might qualify for an exemption of current zoning regulations by filin� a DSU permit. Ms. Fuller provided me with documentation for a similar case in��otving the Companions of Christ, a sociery of priests and seminarians of ttie Archdiocese, who operate a household at 2137 MazshalI Avenue. We are ven familiar with the Companions of Christ (most of tkem at one time or another participated in our programs or serc�ed on our staff before enterina the seminary or gettinQ ordained}, and know that in fact our household operates in a capaciry very similar to theirs, with the sinale exception that the members of our community are not necessarily ultimately seekina ordination as priests. Participation in our formation proarams does serve as art aid in helping one discem a religious �rocation bui diseernment is not the primary aid of our fom�ation. Rather, the priman� aim is to help our participants ,ro«� in holiness through a life li��ed for God and others—regazdless of their • vocational state in life. a ��q�� From a structural point of view, our desire is to continue operating the house as a single-family dwellin�; we have no intentions of addin� on to, or modifying, the propem' to convert it Yo another kind of property. Because a criticai eiement of our formation is community Iife, the properry is intended to be a`�amily" home. In this case, however, the "family" is united by a common vision and purpose, and not by a blood bond. Our ideal masimutn number of residents is eiQht. As a way of buitding community life, residents almost always shaze a room with one other person. The property's four bedrooms do accommodate that number, and the ample common space (living room, dining room, sun porch, finished basement) allows for a good deal of community and personal space «ithout the sense of overcrowding found in other types of student accommodations such as dormitories or rooming houses. Conceming the amount of tra�c generated by residents and guests, we belie� it is comparable to the levels of the surrounding properties, which include apartments and single-family houses, many of which house students. There is parking for two to three cars in the rear driveway as well as on-street parlcing• Most of our Tesidents, however, do not own personal aehicles, meaning there would normally be oiily about nvo to four vehicles associated with the rzsidence. With the exception of an evangelistic social event hetd at the beginning of each school � ear, the house does not normally have the kinds of parties or gatherings that would be at}�pical of any other family home. Furthermore, while the residents occasionally house overniaht guests (friends, � family), the house does not have the additional traffic one would normally associate with a retreat house. It is my hope that this proves a satisfactory introduction to the nature of our n ork and addresses some of the initial issues associated �cith a DSU permit application. I have enclosed some supporting material, includin� the initial letter from Peg Fuller at LIEP, the case involving the Companions of Christ at 2137 Mazshall Avenue, and some informative s�aterial about Saint Paul's Qutreach. On behalf of Saint Paul's Outreach I weicome the opportunin to further discuss our situation and to find a resolution that wi11 accord with the rules and regulations of the City of Saint Pau1. ' Thank you, � ��`� 3hn Kodriguez � Director of Administration i � Saint Paul's Outreach Mission Statement Saint Paul's Outreach is a Iay society of Cathotic college students and sinale aduits. Through our commau�com:initment and dedication to the Lord 7esus Christ and His Church, we seek to fulfill the foliowing four-foid mission: l. We seek to live a life of holiness as discipies of Jesus Christ. This call to - holiness is the life of ongoinQ conversion and arowth in Christian virtue. 2. We join our lives to6ether in mutual support and in mission. Our aim is to foster an environment where the love of God in manifested. 3. We aim to introduce others to the:love of God tl�e Father throuQh Jesus Christ in the Holy Spirit. We do tIzis byproclaiminQ His Qood news of salvatior. in word and deed, both in the universzty and single adult environments. 4. We aim to raise up leaders to further the rnission of the Saint Paul's Outreach sociery and of the Catholic ChuLCh at IarQe. :- :' We carry out His mission individually an� in fideliry to the received teachin Q and practice oj ' empowered bythe c�arismatic wozking of: as a specific raspanse call of tfie Secon� and as developed"iu Pope Paut VI's e On Evangeli4a`tzon iri the Nlodern and Po �e �7ohii Pau1 II's apostolic-ex olic Church; Spizit; Council; P �: __:.� -_-. _ -- The Lay Meriibers`of Chnst°s FaitFi�fiil PE Saint Paiil's `Outreach �isrecoanizedby�tlie Ai - . . of Saint PauZ:ai?d 1Vlinneapolis_::- -- � �. - . SOGIAL SERVtC£5 Ramsev and Dakotl Cos. GU7GDT�CORPORATED IOa Dodd Rd� W�est SC Paut SiL13 (651)150.2?'0: F.�X 1i0.:2?I Helps people wiN � mentai illntss lud quality lives. Provitles a u�idt uny o[ <ommunin� baud uNi<es. Grace Tanajerd Schmia. prcsidzm Found<d bv the Guild of Cazholic Women. Inc. S7: P,4UL and �fI\NEAPOLIS Ramsey and Hennepin Co. SETO� SER�'ICPS CATHOLIC CHdRITiFS 1?76 Cnirersit� Are� St. P�ul 551d3-1101 (6i1) 611-1180: F.4.1" 6.iId005 ?i W Scevens Ave. S., �tinneapoi¢ 55;04•?533 (612) 87?-S7r; F.4\ 87L9h96 17?fi.1 Dupont.4vc. ti., �iinnr�polis>5-0Il (6L1511-9:33; F.a� i?I-9I5'_ M1lary Morris. adminu:ramr � iniical anJ social >tn9ces tor prc�nant 5in, le women and low in<oak coupta,: p�egnancp cassine: Coscec cnre. adaP- tmn and po..;-adopnon >e:.¢e.: educ��ion. employm<nc and cninin_ pro,nms: paczmin� education mE children's senir_x wppoa scuupt and :ounszting sec��iees co indi- v�dual� �nd iamJizs: chcmmal hnhh counselin,; and xr- vmes m fa[he:e �VHOLISTIC CENTER ST.P.aUL Ramsc.' Co. FR�SCiSC:�`: CE]7ER FOR �GHOLISTiC LIVI�G I iHi LaCro�seA.�e.. St. Paul i5119-7508 (6511 739-i9i3. 6�X :39.i4ii e-maii: (a.lCjuno.com A wnWun. qenon�i croa�n pro_ram for aomen whmh rec- o_�fzu �Aai phy.,�col he_iih, psycnolo_icai etEecei�enza. and penena7 hoiir,b, �re i�crtwined. YOTJI�G AAL'LT i�fINISTRY ST. P.4L'L Ramse.' Cn. ST. P.1CCS OC7RE.4CA 310 Crvsadcrd�e. t5'_ 11¢st 50. Paul v`IIS-U27 (6511 J51-5113: B1Y.I>3-O�IU e-mail: ccapo[juno.com Gurdon C. De�l3rai�. txc� :ne l.irecror l'niversin�>cudrm and }wnq adule min¢vit5 Na[ pro.'ide a �upFroRn't emrzonmea[ un,�c voune mrn a�d wom<n can Ict^.� about �nd sm�.� in [ha: fmth wi[h Neit Peers. Spoamrzd accnir.rs m:iv2z: v�brant monahiy Iimr¢ics. a:npuc pr_ye: .^..eenngo. ttach�n� sents. Chrisnan h��u.ehall In'ine >r,uxur� and mzn'slu'omea'S Fai�h �hsring gre.pi for pro�r �aamipanaJanuary aan�e- iv�uon >:.�.�e :r:p, icame: Poma�ion pro�ram. talJS��me :e:rent+ and .ev_s +ociel <'.en[s � YOUTti SERVICES YOUTH CENTERS S1: P.a[:L Ramse+ Co. CaTHOLIC YO[,"LH Ca�LPS, (tiC Administntive a�ce: II3I Fain�iewAVe. \., Suite?00, Rosevill¢ e511i (651) 6361635: 1-888-291�110.t e-mail: c.ysCjuno.com Camp address: HCR 3. Bos 655.1IcGreeor iS,60 �213)126-3733 Iale Czamik-Vtimt�er.dirc:ror CATHOLIC 1'OC7H 7ti�I5TRY SER�'ICES 3?31Y. &eilog�„ Bird., 5�. Pau15i102 1657) ?90-ibii: FAX ?90d6� Gco �e T. Bartea, eemQuvn� Cir.c�or YOUTH SERVICES «�EST ST. P.+.tiL Ramse. Co. ?ET (\ational Evan�elizaGOn 7eam1 110 Crusader Ave_ R'est St PauI5iI1S�3A.% �6>lf �SU-fiS33; F,�Y 350.99St e-maii: mini.itrr@nemsa.or� Stark 3erehem. execua�z dve,:or ��V�`�-� �_�"'""'__� �ll.b�"� � l, / 1 7 �., l� �\�, ST. PAUL'S OUTREACH 110Gusacle+'Avenu� iYertSt. Paul. M1V'S511�4 [0 Mazch 2000 LIEP Peg Fuller 350 St. Peter, Suite 300 St. Paul, MN �5102 Dear Madam: I am writina to you on behalf of Saint Paal's Ouireach, a Roman Catholec youne adult ministry, which is the owner of a sing[e-family dweilina at i977 Grand Avenue. The property serves as a household of Christian formation for university and youn� aduit men in our community. Recently, members of a neighborhood biock association £led a comp[aint against us reaarding a violation of zoning ordinance re�ulations. It is our desire to address this concern and seek a resolution that is in accord with the laws and re�ulations of the City of Saint Paul. Saint Paui's Outreach is a not-for-profit 501 (c) 3 or�anization involved in the n-ork of evan�elization and ministry to university students and youna adults in ihe Twin Cities azea. We are formally reco�nized by, and opemte unde� the ecclesiastical vi�ilance of, the Archbishop of • Saint Paul and Minneapolis. An inte�m part of our ministry is the formation of youn� adufts throuah community livinQ in one of our households, such as the one at 1977 Grand Avenue. These houses of formation afford the men or women in residence the opportunity to receive formation and trainina in Christian Iiving in the contexT of a suppoRive environment that allows for prayer, study, and fzllowship. Just as in a reii�ious order, residenu have a common pattern of life that inciudes prayer, Mass, meals, shared chores, and other accivities. Cartent residents ai 1977 Grand Avenue include students and working professionais receiving formation while pursuing their full-time studies or occupations. I hope this letter proves helpfuI to you as a means of introduction to Saint Pau1's bntreach. We aze �ateful for any help you can provide us in knowing how to proceed with the zoning matEer. I trust you wiil be in contact with me as you have any further questions about the Outreach, or abouE the pmperiy at 1977 Grand Avenue. You may reach me durina business hours at the Saint PauYs Outreach o�ce, (651) 451-6114. Respectfu[ly, � ' n Rodriguez �rector of Administration encl: mission statement. brochures � � CITY OF SP,L�T PAUL �'ornr Co7emon..lfc}'or oF�1cF or �_;ci�sr r�s�=cr�o�s .�n E��`SRO\>;H\L�I_ P�O-cCTIO� Re6en Kess7er. Dirtr.c� LO�iRY PROFESSiO�i9L d'�7LD/.'�G 350 Sr. Pzrer Sr�eer, �:dre 3G0 SnixtPaul,.ifinmesota SSiO?-ISIO CODE E\�'ORCE�•TEi�TT NOTICE \ I � April 18, 2000 John Rodziguez Director of Administration St. Paul's Oucreach 114 Crusader A��enue ��'est St. Paul, '�4�1 5�118 RE: 1977 Grand Avenue Saint Paul, :�4N 5�10� a �_q�� Te1zpF. o�e: 691-: 66-5090 Fatsimile: 6:1-:66-9099 65i-:66-91_': As you are a�;�are, �ve recentiy recei��ed a complaint re�ardin� an e�cessive number of oceupants (se��en) at the referenced propercy. This properry is located in an R,�4-2 residential zoninQ district. Our records indicate that the residence ic legal oniy as a sinele family d«�ellina; a masimum of four (4) unrela[ed adults is zllo�ved in a sinQle family d«�eilina (see enclosed pro�•isions60.20= and 60?06 of the L�gislatire Code'). Dear �Ir. Rodriguez: Y'ou have stated in your letter dated `iarch 10, 2000, that �he refer�rced properrv is a household of Christian formation for men that operates under [he �:cl�bishop of St. . Paul and �4inneapolis. As «�e discussed, I have enclosed an applicacion form and informa�ion re�arding the Determination of Simiiar Use Permic p:ocess. �dditionaily, for }�ou: review> I have also enclosed a copy of a Determination of Similar Use Permit thac �+as aranced co che Companions of Christ in 1992. You wili have until A4ay 31, 2000, to appiy for a Determination oi Similar Use Permit or reduce the number of occupancs to four (4) zt the referenced pro�erry. If you have questions regarding the DSU Permit process call the ZoninQ section of PED at 266-6�89. If you h2ve additional questions or concems regardina :1is maaer, call me at266-9117. Sin Pee Fu11er License & PermicInspector .° � A � �� PtACGP,4'dELFNDCOUPi { M acalesterrGrovela�d Cammiuuty eouncil 320 Sauth Griggs Simet $aipS Paul, MN 551R5-28Q4 Telephone: (651) 645�000 Fax: (651}645-4004 January 3i 2000 Wendy Lane I.IEP Ciry of Sai�t Paul 300 Gowry Prafessor�al Buiiding Saint Paut, MN 55102 Dear Wendy, G�J 1 b4.:�4�1k74 � . i31 It +s my understanding ihac ihere are nins or ten students I'rving in the home at �975 Granci A�enue. 8ecause it appears that this home is not being used according to the zoning cade, enforcament is reques#ed. 'Thanlc you for iooking into this for us. Sincerely, , _��, �,�.�c� Kathie Tamowski Communrty Or9anizerlExecutive tJirector � • � � xercLd a+� / � • ��ya ,��s� - _ . . -_�s-:.-.- --= - ' �..,�,;�:- . '!v%Zia+.iii p ��r - n �`�' z i i i. c a ; i > �: 4D 1`��`�� etrr a� -a�� Cotnci! tile d o 7'/l3.2� '� � Gteea 5*ee� � ��/3 • � 2 1 � t.l r��.so�.�:zior� R�C�(VED Sq�q,ZT pAUL, MINNESO7A DcC 2 2 p_esen�ed By Co�aittee: Bate AIIA�� ezncc=.: �,• — �-- 3 4 5 6 7 8 9 1(3 11 12 13 14 15 16 17 18 19 20 21 22 23 24 'Jj 26 ?7 28 24 �e 31 32 33 3� 35 3b 37 38 39 40 41 42 S3 Whereu, Compa�iob5 of C1u�s�, �OS4 Grand Avenue, Saini Paul, s�4innesota 551t}�, made application to tne Pla��ning Comraissioa for a determin2.*.on of similar use requesting that t�e Comm�ssicn determine that faeir proposed use of z residential structure is most similaz to a convent pursuant Lo the provisions of the Saint Paul Zoning Code for properry located at 2137 Mazshall Avense, legalIy desrnbed u T-ot 21, Block 6, Roblyn Pazb Ad�uon to the City of Saint Paut, Rzmsey County; and �,Vhereu, The Zonir.; Commit*.ee of the PluuiinS C°m�uion conduded a puolic hearing on September 14, 1992, afrer having proGided �otice to afiected property owners, and submitted ics recommendation to 2he Commiss:on. "Iha Com�ssion, by its Resolution 92-59, adopted September 25, 1992, decided to a9�rove the application based �esolution� s attahed hereto nd n orp u at d heein bYhefe ence; aad Py of which SVhereas, Pursuant to the ptolisions of Szcrion 64?0�, Steven M. Tallen, 2149 Marshall Aveaue, Saint Paul, Mn. 55104, d!�ly filed K:th the G�ty Cie:k an 2ppeal from the determination made by tue Plannin� Commission, requasting thai e h=2ring be held beiore the G�t� Council for tfie purpose of corsidering �'�e actions t2�Cen by tne said Commission; : �Vhere2s, Acting pu�suant to Sec*.ions 6S:L0� tnrou�h 64.2�&, znd uoon notice to a�ected p2riies a public l�earing �'%as duly conducted by the City Cou=cil on November 19, 1992, where all interested parties were given an opportliniry to be rezrc; and 'SVhereas, Tne Council, having heard t3e statemenu made, �nd hzvi�� cors:de;ed tbe zpplication, the repoR of staff, :he recurd, minutes j.nd resolurion of the Zoning Committee and oi the PIasning Commissioa, des nereby ResoIve, That the Council of ihe City of Saint Pzui does hese�y affrm ihe decision of the Planning Commission ia this na.tter and does hereby �o P�°`°� and conclusio:s made by tne Commiss4on, p�ovided ch2c the apg=icz.ion bein is made exp;essly subject to the followir.g canditio:LS: 2. 3. 1, Tne number of residenu shail be limited to eigfit. St�ch:r aEeraTions that woe:d na'.:e coacersion of the bci'ding to a s:r.ale fa.-,uly use 3iffacult are not permitted. Any adcitiors to the str�ciure mu;t be reczewed and approved by the Planning �:oms�i`-`-iou. Existing off-s�*eet parking facilities shall r.o: be changed, t�at at leazt five (5) sp�ces be maintained at all titnes and tlt_t three (3) oi L'�ese five (5) snalt be accessibie simnit2neonsly. _ __.__w.....::-.:,::�-�'"�:.�.�` � .r:', _ . -:=s`�_ - <a-�., .. ",. ..- .-» . ..-;-.. . .. . . _ .. i_i : ;;`=- E s -;: ��. =, - : __. .: .__. . .-.__� I Furt��: Resoived, That the appeal of Staven Tzllen be aad 'u fiereLy denied; and, v 2 be it 3 4 Finally ResoIved, That the Clty Clerk shaII mat� a copy of this resolu[ion to 5 Stevea Ta12e¢, Comganions of Cfzrist, the Zoning A_dministratur and the PIanning 5 Commissioa • F Yeas Navs Absent -in� ,n i _ Reqvested bq Depar�ent o=: Ada�Ced by Council: Daie ___ i5F(` 1 Q�g�2 T � Adoption Ce� figd by Co��c�� Secreta�y H � :� � y DEC 18 1�97 App:oved by Na.or: Date i _ s By: Form B s�m=_s5ton to /9ya �s�da-9�� • • • city of saint paul planning camm►ss�on resolutio� fife number ` 5 �te `-�-�=-'er 25. ��92 i`r.=3_?S, CG>:??.\IO�S OF C"r�ISY, file =92-207, has =pplied for z czternin=tioa _�_ cy � 00 f o� the S=int P«1 of s_., cse eadeZ the provis oas of Szctioa b.3 O ,s ��e Code in orLez to cete_��i^e if housing for an associstion o£ Leg: la _ _ r_•_ tiici intead to become priests, is siiyle= �-'i C�-isc_z:� ��? �hful, r..zr..ba:s o� 2137 ;'_'RS'r?LL ?VE\�E, lee= ue to e cor.rer.t, on property loczted at cescribed �s Lot 21, Bloci: 6, no�l}� P=Z� Acdition; �:id G;_�_-5, c'za Zon:ng Cor.�ictee o� tl:e P1=�ning Cor.�ission helc s public te=r=^g 0o al ersons resent �erz g:�'ea �n opPostc cn ge�ce��er 1�, 1. 2 et �h'_ch 1 p P . LiYe==��s LO pE hea'd purscant LO Scid 'c7?Z-CcLlOi1 1R ZCCOZ�cilC2c'r.,a�:1 �512 i2Q 'o:-t E!.300 of the Sair.� ?=L1 i-eg'-slati�e Code; o= Sect: : ?zcl ?ler.ni Co-:,ission, based oa tnz evide:�ce prese^tec w'=:_=S, t�z S�'n� •� _ to i�s Zcai-.g Cor.: ittee zt �^c ?L'Dl hzaY�no as sccstart±al�y '-"z°?ec�ec i:t �he �_..�.es � r..ada tne zollocir.� ==^ciaos o� �ec�: by c^e ap licar.t. ''e - rZic=_ :� t ' _ o::+_n� in=o_caticn •-as ? _cviczd P ' ` _`�• _ ' Co-_ea:cns oi Cn_ist, is nor.�ro_z�, tax-e�e, corpo_etioa �t _5 � '.:j11C 2550C1cC10R 0= �::Z -c��C:=L'� ==21�-1ci2d �� +� "'•� �-C�G�OC252 C= Sc:�i_ ��::1 u'.]d �lIi�l:c?0�15. �r2 S1X I:'ci7 S:.^.O cY0 L'c:J2:5 G� :� E C:`c1=Zc�10:3 M1�%c:1C �O b2 cD12 CO ].1\°2 LOO2�l:2i 1T1 c S2}1_+GLS CO^= �%••-�y• :.ccz�:cr.al -eab�rs r.,zy jcia t:-�e orgsnizatioa in t2:e _ucue. TnY r°_ � o: 3i�e in �:nich �hey azsy tc_e�he_. .. na� 'o:,^„ed z cor,inoa pat.�_. - �_als snd chores, a�d cpe�a�e L�c'ar e cor�=oz rinanci=l p�=� i.^.2 t:'_S�O:,� Oi �i18 O��c^1Zc�1G^ i5 c5 i0�10::5. F1'�2 L'cII �G1I1�C �� =�' c.0rc1 Tic=]EYS " G:=ist" in 1°SS a� 504 Lat:el. S"' to�zc�:zr es "Se�-ants o� , `_z . ne oz �:Zizat=o� �es `_nco:po:==ed c�_e s�c '�eat �__ ��e groc� evolved. T �` r `.� ;o�� d :n 1954 �cved to 20El: 6_and uhe.e it Yentec a.^•oLSZ �=o� r �0_� (:FS �nzversity of St. ino�.as �or t::=ee }•ears: ?Gr� o_ �^e �e_�ers' �O '=07n 4:1L.R S�llCEIIi.S G:1 Cc=�+US. 1f12 OT�cA1Zci.lOA t:�5 b°-E:1 ZOCcLEC te=�cr�ril�, since �ne e�c o� 1=st �onth, in � rec�ory =:�:`==?�e^ooc. Fecorc+_r.g to the =p?Iica.^." = oisno? o= tna Arcnc?oczsa sc_oeste3 to Lc=72:5 OL LR2 �IOl:7 �+.�� -r2�' ;,OL'la SEI:'2 LR� C.'.:-=C:1 c5 i�1ESt5. Eecause tiey �:aat �o co:at3-ce ;.o lice togztner in a:zlzr�`_ees ec-� =-- � moved by '��'.�. °"=- -- seco�x�ed by — in favor �o against � �y . � . 1T.vY( _ . h.� �-�co•r� _ ��: '. i __ _ ' ' - f S the bishop suggested thay fom a public association of ihe church in ordat ta serve and contir.ie living together. ArchbishoF Roach expeeu to issue a£onaa2 decree recognizing the app2ica.Zt as a pcblie associat3on of Lhe Archdiocese tiithin several veeks. The group vill be under the authcz£ty of the archbishap. As a publfc association, the Caspan?ons of Christ are expected to becoca diocesan priests and to live toge[her cor�unally. Four of the grcuo's aembers are attending the Szint Pacl Senina.y and a fi£ih is a stcdent at the University o£ Sainc Thoaas. The first ¢e�ber vill be ordained as a priest in tvo yeats and the teeciaining £ive vf32 be ordaiae8 over tha next five years. Hesters zange in age fron 2S to 37 yeais. This pa=ticular locaeion is desired Sy the anplieaat so that aeabers can walk to the seainary. The house cauld not be used for p�ogtams ogea to the gene:al public. The appliear.t has a putehase agx'eeaent £or the subject properry. A closir.g is schedaled for Qid-0ctcber. O�nezship e£ tae p:operty voald be transferred to tfie Archd?ocese if tha cozp�ration (Co�anLor.s o: Cfir3st) eere Lo be dissolved. 2. Ttxe cao and oae ha2f stcry sinale fani2y hoce has the usux2 liv?ng zoaas and a saall den cn the £irst floor, £our bedxooas on the se�or.d flooz, and an unfinished baseaent sad atcic. The zpplieant plars to bcild a ehape2 in t:�e basement and could probably eventua22p �iafsh t�te actic--perhaps as a i£btary. Fo additiana? tedroons are plaar.ed. At the rear. o£ the prope=ry are a n:o-car garage znd z drivz:ay, botic adjacen: to ar. a22ey. Tr_ee ears can bz pa:�ed in t'r.z drive.ny bct any ca� parke3 there vould pr_vea[ acc_ss to tT.z garag_. 34e six carrer: �eiabers o° the organ£zation o: tii:ee cers. Parking on both sides o: :!arshalZ is pzohibited froa 7:OG to 9:00 A.H. and £roa 3:00 to 6:00 Y.H. Y.�aday thtoc�;h Friday. Tha eu:zen. aad pro?osr3 zoaing code o£f-street parkir.o requirecents ccntain no specifte gazk3r.g stan�:d foz a convent ar sini2a= ese. 3. Tnexe are severa2 uses lis:ed in the zaniag code to ci?ch tcz p:oposed use aight be considared simila:: A. Tia propose3 Lse might be co;s£dered si.i?ar to z conceat. "Coaveats, rectories and paisonages, a12 when assoe±atefl with a c�:�rch, ehapel, synagogue, temple ar,d other siailar hoccse of vors:cfp' are pe�itted i:ses in taz R-2 throvg5 R-b tistriet� CSection 60,L12(6)). A coirrer.t is generaliy considered to be a nurs residence bu: the te = is ccezsionally ap�lied to a groip of reiigious �er. cr pries:s. T:^� A:eiiczn He;itabe Dic:ionary (i985) de,°iaas eor.ceat as "1. a eacmunity, esp, of r.v�rs, boux:.'. by voas to a religio 2i°e cade= a s�xperioz. 2. 2he baiiding or buildings eccupied bl z co;r+ea�, esp. a :sc.�nnery." In p:actiee, eemrents are so�z:i�es ir:zSited 'cy peop2e c;.o do not have e fo�r•+z? or pezzxar.eat conr.ec:icr, to L^.a g. Sct dc hace soae eonnee.ion to it, e.g., a czrdiLate or novice. The pro?osed c:�e � is associ�tzc cith :_= Arcnd:o^_ese zr.d i.der the �:aor=�j c= L"- . l s� B. C • � Ol�-5k -rchbisnop; individuzl r..e-b=='s n�y becoaz assccistecT _ith paZt'-��r churcnes �o1loVing ordi:atio�. Tr.z proposed Lse ::iighL be ccnsicerec si �ilGr to a re:�ast_ry. "uoz�steries end religio�s re�rezts, all L'nez =ssoci�tec ::i�n a cnurch, cn�?el, s}�=gog::e, terple a::d o�fer s�eil=r l:e�:sz os Lors:ip" �re pe^itted in R-1 tnrcvgi R-�: e'-=tZ'-cts �s a special co::citic� Lse; G (')). Tne Arerica:z specific cor.ditions ere .ot listed (Section 6Q. 13 � � 11="a3 place of � F.eritage Dictionsry de£ir.zs Uonaste=} as 1. Tr.a c.e ^� cor,�vnity of perso:�s unczr raligious vo_s, es�. �o=As. .- z ihz ter� "._o: �stez}" cor.-vnity o� ror.'..s livi-� ia a�or.as`.ery." �::ETE �c ±r,.plies an isolated snd sorevh=t sel�-sufiic:e.t ret=eat G lesst so�a g::ests tignt ba �:elcor..z. ir,e pro?os2c L.=_a is not re�rest, its resic=nts a:a rot �:or.:s, aad- it cas r.o z=c_lit_es :or guests. The proposed Lsz r..ignt ba cor.sidered si�ilar to e roc:::�g house, beceLSe it imol�es morz tY:=:z £our vn:elated '=�::lts, or sir:il=r ta � 6or.. - �itory as it is a residaace for scczents. A roo=ing housz is ger.eral2y o?ez to ieWbers cf tne p�.�lic, regardless o= sr.y €roL� o: rel:�iocs ai-ili�:ion, a-d cozs not irr�olve = cc=='-`e'� �0 2 religious and co�„wLr.a � 1I6. TR2 s�:.e can be s�zd ��o•.:: � corr.._�ory, cith t'r.e obvious di�'e_eaca t'r,at it is e res?Bz::ce =or s�ucer.:s. T:e ' ed so* or esz3 es soa_r.g coce defir.zs 20�? .ory as "a DL'l� P+lII� ces=g^ grot:� 1+_�ing quz_ters �c. s �L'U�EZ�S o� a i;ign school_ co?le�e, -; ser::r.�r; � or -iized ar.c o•. zc by � l:z� : sciool, cclle�=, ca_.e�s_�y or €�• . - -. Do^itories a_e f==s` Pz= =t�ec in �^. �T-1 cn°_vz:si�y or se�=nary." , ZOII:P.r".� GiSi.T1CC c5 a. S�cClc� CO^G.�'_OA L`50. ROO-i1=j :1��Sc5 cTE :1=5: �zrr.it:eZ i:i =:� R`:-1 d`_s�rict as a_:ec=�1 ccrci��c:i L=z. -i1 is t. P.es:ce:�cy ia a c:zll:ng unit is li,,.i:ed to one _`��i=°. =_`.. y �;.e 8e�ir.ed by -_'._ zoni:g ccce ss a n=>:i�c= of =ocr L'::�E� ��.._�s. _ coce's ce•°inition o= fa�ily, in its E:L1'-'E =5= O::e er c::o (2) perseas er p=rzn�s, Fith t'r.eir ci.==c� li;;-a? csscencezts cRC cCC�L2C OT �eocl�)' CcT2C IO� CI111GIE:1 �c:1d 1^CZ'.:.C+ �--'•� CO.^..25L'_G e,��ioyees thereo�) .osetce= •�it� ifOL LtCl2 L::cA C::O �2( �Z=50II5 RO� 50 selated, lzvin3 �ogzther in tne ::�ole or p�rt o� u c.el==ng co-?risx�g = �, L cr fe-_r sir.sle housekeepirg Lnit. -�e� �dditiona2 groL� o' fo�_ () pezsozs liv±r.g in svch hoLSenee?ing t:nit snzil aa ccr.sicz:e3 a se��_ate �ar:ly �or the puroose o= this code. (Section 50.2C5.r} 5. "S'r.e ir.te:zt c� tne F. - 1 thrcuan ,°.-4 Oae-F�i1y P.esic=_�ti=1 J:st==cts is :o �LG': =0T c flII'J?LOP�EIIi. OC ��260G1^c::t��' �0::-Ce::e:ty� G_?-_c�l�} . �' c1c`vC -EC1�=t1E5 �i::C:t G2t�CCEG c�ellings aZozg �%'�: o��er residen�ial:� _ se n z�^e resideats in �he cistricts. :ecaese o� _ts res_c>_nti=1 r.att'-_�, �nis cistricc is not intencec =or �ore =_nteasive eses s�c'.^. as sr..e11 co,^,=eience ce��ers, private retieat ce^.ters �nc _ece?t:on i:cuses." (Section 60.b12) Per=itted Lsas in 3-1 tnroc,;a �-4 cistricts, in =zcStic:� �� co=�'�z•'•�s, inciude hos?ices scL hv=n service-licensed co �=cn�ty rzs'_cential fecilities,.bo�h se��ir.g six or fe•.er =acility .es-c�r.[s. Shelte�s cor batcered persor.s sz��ir.g sixteen o= �e�eT_ �acili.}' =zs:cec's �_e pz =it�e� i i ��s_" "".__.- subject to specia? conditions. 6. Tne £our zequired find?ngs specified in Seetion 64.3Q0(f) £or detereinations of siailar use, and the ability of the pioposed cse to confeza to thea, aze as follovs: a. The a:e ts siaiiar in charaeter [o oze or rore of the pzir.clpaI uses permicce4. The praposed use ts s3milaz to a eoaveFt. It is a religious eo�unity, sembers of vhicu are seeking or fntend to seek ordination as pziests, associated cith Lhe A:e�:diocese. Heabers will live, vork, eat, 1ear.t, and pray togethez and vill °cperate t:nder a eomceoa finar.eia2 purse.' b. Tae tr�Fflc generated on such use is slmtIar to one or tore of the _ . -priaeipaZ uses pe_�Stted. T:e tzafffc generated Tuy ihe n�e is expected to be siailar to taa: ganerated by some paraitted uses, such zs eomrents, hoee oeeupations, hospiees, day cate facilities, and bed and bzeakfasG resfder.ees. Tha traf:ic is exneeted to be 2ess than that generated some o:ner pezaitted u�es, sce4 as lib;aries, pazks, �chools, municipal buildi.ngs, s^.d ehcict�es 2nd othez houses of worship. . c. T.e use is ro! flrst pe:aztted irs a 2ess resLrictSve zo3ing dtstzfct. Yh£s fir.ding is affired. d. 7ee ese Ss co.^.stscen[ Gith the compreher.stve p1�. 2he pzoposafi use is ao: referer.eed ia the coa�rehensi�z plsa e�fl does ao: conflict vit; t_he plan. It is, LY.ere£o:e, eousisten� with tise p?an. The preposzd ue i< co3pat±ble cith the s*_izo�mding sir.gle £��1y resider_ces. Tnis no:-itnsunding, follav�n� a:e relevzat exee�is fzom tne "'r.a:sino Po2?cy icr tae 194Qs° ehapter of the cocprehensive plan: � Mairtain a hfg'� levei of o•.mer oetupaacy of single r�ily ar.L �uplex st^:ctutes by ercoaraging hoae oc.:iership oa a ta=geted basis aad expanding o.mership assistanee. (objective 4 aad policies 1S t�d 36, p�. 22-22) �"E1i¢inate land use conZicts that have a negative i^act o: L4e q•:ality of tr.e zesidential en-ritonaent.° (objective I0, land ti:se, P• 3�) Tne three broad oi tne cousina n d�lrsynei°"Sc:hoods, 2)Ltoataia a hign degsee a_ confidence in the eity e- saintain and ia?rove neighborhood qaality, and 3) to ra�e s�e ti�at Sain: Paul rasidents have access iu the housing op?oztuaities that n�et the3r needs.° (p. 4) Tne p:opo�ed use does r.ot coatsadict a.^.� �� tiaese strategies. _ i;p�, THr�FO;�, BE li F_.SOL`IED, by' t¢e :ainc Pac'_ F1ar.nias Co``-ss �n that, c-'at the zctnority o: t'r.e Cir.°s Ir_gislative Code, the Lse pro�osed by a m � � � 1 : . 1 � � - !:g.�::� " " _ ...t_ �T:�c"� _ -. `, aa —�� Co-:p�nions of C'r.sist, to be loczted e� 2137 ?�.:-�SY�LL AV'c�1iE, is hereby Zeter:zined to be sinilar to a convent and shall be s�:bject to L'ne follo::i: g conditions: 1. Tr.e nv^:uer os resiZe�ts shzll be Ziaited to eight. � 2, SLrllCCL'Ic alteratio^s t�=t xould r..=�e coaversion o< tne buiZdino to a single £a;aily use di£ficult are not per�itted, i,ny �ddi�ioas to tha structure nust be re�ie::ed =nd appro�ed by the P1=rning Go-�ission. • ao - 9 y8 � -� � � io 11_� i4 L-1-� i F S i r � Y .b � T Y # � �. � S £� A � J} .. 4 e CITIZEP� PARTICIPATIO DIS RI S 7 �� ■�.�r�� i6f� ��=>i��3 , 3 h' nu � �� CITIZEN PARIICIPATIOi{ PLAN:`iING DISTnICTS 1.SUPIRAY-SATTLECREEK-HIGh:d00D 2.GREATER EAST SIDE 3.WEST SIDE 4.DAYTON'S BLUFF 5.PAYNE-PHALEN 6.PIORTH END 7.THOMAS-DAL� 8.SUMMFT-UNIVERSITY 9.WEST SEVEyTH lO.COMO 11.HAMLINE-MID4tAY 12. ST. ANTHOPIY 3.F(cRRIAM PK.-LEXIt�GTOi{ H�ULINc ROVELP.`i�-FUICALESTEP. .HIGHLAPID 16.SUt1t1IT HILL 17. o0��trlTO�«r{ 2 � 1 � �� . _,--.._..... ......_.... , `i��L-_ : �'a �::: �� ` !�� ii � , ``�� . , �� , �� ' `� i ��c � 1 _ r �_� � > � ' : r� -� _ � - �I � ; / ` r . i � �I ; I� ; � � � �. - G RO V E L A td D— h1AC AL E S 7 E R . ...... ., i ....... DISTRICT 14 � )'�A Y�. ....• n /[. �� .� - i � � �� o� -9�tY � 5 COLLEGf � � � . � . . • e . • � � . . • ' y � . � � i�; ( i �■ � � . . . �,TG7� . . . . . � s ; . . . '' -�— . � — . • � ��•'� � • • � � � � • • • • � . � • • � � � � 4 •' • • • f • u �� . l►1�� --- ;�.�s� ._.- 1� �'� � . ��.,- .�:., . . � ., � . . , � �i�.,�� . �� '� . S�•• •�• •�� : . �� _ ��#��i� • • • • • • � • • �) • • • � ,�� _ � �. (1i' ' �� iid ZD O �� GtSY P1.ANNIN6 80ARD OP ST. aAUL DRG:tiO. 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