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273135 WNATE - CITV CLERK � �� PIN� - FINANCE GITY OF SAINT PAUL COl1I1C11 CANARV - DEPARTMENT BLUE �AVOR � . F11E NO. �` - x't� ouncil Resolution . Presented By Referred To Committee: Date � Out of Committee By Date ' WHEREAS, James H. Speckmann, owner of property located at Elway and Shepard Road, had appealed to the Board of Zoning Appeals requesting variances from the building restrictions imposed by the State of Minnesota's River Corridor Critical Area designation, to-wit, a relaxation of the setback and height limitation requirements; and WHEREAS; Following a public hearing with noti,ce to affected property owners, the� Board of Zoning Appeals on March 13, 197g,, denied the vari�ce requests; and WHEREAS, Acting pursuant to Section 64.204, James H. Speckmann appealed this decision to the City Council; and . WHEREAS, Acting pursuant to Sections 64.204 through 64.207 and Section 1.2.a of the Mississippi River Corridor Critical Area interim regulations, the City Council conducted a public hearing on May 15, 1979 following due and proper notice thereof given to affected property owners; and _ WHEREAS, The City Council, having heard tYie statements, and having duly considered these statements together with the variance application, staff report, minutes and findings of the Board of Zoning Appeals, does hereby make the following findings: a) The strict application of the setback and height restrictions, or lot size or line of sight will result in unnecessary hardship. b) There are exceptional �circumstances unique to this property that were not created by the land- owner after April 25, 1975. COUNCILMEN Yeas Nays Requested by Department of: In Favor _ __ Against BY — — Form Approved by City or y Adopted by Council: Date Certified Passed by Council Secretary BY By � Approved by Mayor: Date _ Approved by Mayor for Submission to Council gY _ _ — By � � �� c) The variances requested will not allow any use that is not a compatible use in the land use district under existing zoning in which the property is located. d) The variances will not alter the essential character of the district as established by the interim regulations. e) The variances, if granted, would not be contrary to the intent of the order establishing the Mississippi river Critical Area; Based on the above findings, the Council of the City of Saint Paul does hereby RESOLVE, That the Council of the City of Saint Paul does hereby reverse the previous decision of the Board of Zoning Appeals, and does hereby grant the application of James H. Speckmann, owner of the property located at Elway and Shepard Road, being legally described as Lots 2 through 9, Block 8, Lots 1 through 13, Block 10, Lots l, 2 , 3 and the north 26.1 feet of Lot 4, Block 11, all in Kipp' s Glen Terrace, and Lots l, 2 and 23 through 28, Block 5 , C. W. Youngman' s Addition, and further hereby approves the following variances. VARIANCES: 1. The 40 foot setback from bluffline requirements of the interim regulations be and is hereby altered so as to allow a 20 foot setback from the blufflines. 2. The 35 foot height limitation be and is hereby altered so as to allow the construction of a building consisting of not to exceed 20 resi- dential stories and a total building height not to exceed 195 feet. 2. WHITE — CITY CLERK PIN� — FINANCE G I TY OF SA I NT PAU L Council CANARY — DEPARTMENT .��'''J+++��I�yW BLUE � s—;AVOR File NO• F,e,�� `��! Council Resolution Presented By Referred To Committee: Date Out of Committee By Date CONDITIONS: 1) Site plans for the development of the property shall be submitted containing all information required by the zoning ordinances and the Zoning Administrator, and shall be approved prior to commencement of construction. 2) The City shall be given assurances by the building developer that runoff and erosion can be properly � managed by the developer both during and after construction. FURTHER RESOLVED, That the City Clerk shall mail a copy of this resolution to James H. Speckmann, the Zoning Administrator, Planning Commission, and Board of Zoning Appeals. 3. COUNCILMEN Yeas Nays Requested by Department of: Butler // In Favor Hozza Hunt Levine _ __ Against BY Maddox Showalter 1979 Tedes �UN 7 . _ Form Approved b City ttor y Adopted ounc� . Date — Cer ied Pa• ed by Co �1 Secretary BY t�p roved by Mavor: t _ ,un � �� Approved by Mayor for Submission to Council BY - — BY �t.r�NEO JU N 1 6 1979 ,► , ��+�� '��R"`� CITY OF SAINT PAUL __e��*. a.��,. _A �i� ' *= ' OFFICE OF THE CITY CLERK :e a: r %+ 11/1111111 �� '`1 lid�` %�' ", �' " �` � ' �� BUREAU OF RECORDS 2,, , '�` , �`"'lmn��°°��l �� 386 City Hall,Saint Paul, Minnesota 55102 GEORGE LATIMER 612-298-4231 MAYOR M AY 1 81919 CI�tY Ai t�u�t1�EY, May 15, 1979 Ms. Suzanne Flinsch City Attorney Room 647, City Hall St. Paul, Minnesota Dear Ms. Flinsch: The City Council requests. that you prepare the proper resolution approvin� the appeal of James Speckmann to a decision of the Board of Zoning Appeals re�;ardin� proper.ty at Elway and Shephard Rd. The Council requests that the resolution be prepared containing the necessary findings and height restrictions for a twenty story building V� truly yours, � (t ' 4 L/ /A, I I V � Rose Mix City Clerk` � , w ,..,. /;•,, `"_i� � -�� ABO:la �,�,�.�cf��v�u" 4v `. `; �,--` � , , �� ; , �.�,�: � , � � � . � �� 0 . � �i:�f��: ., �; � � ;a� ' �, ��"a, � CITY OF SAINT PAUL oR0'' 7 � �o �� DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � �uuimu �� r IIII 11111 � m ^ DIVISION OF PLANNING �;,, I'"'�-�� 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER ` 612-298-4151 MAYOR P1ay 3, 1979 Rose f�1ix, City Clerk 386 City Hall St. Paul , �1inn. 55102 Dear Madam: Re: James H. Speckmann: Zoning File No. 8412 This is in response to the application of James Speckmann for a variance from the height and setback restrictions imposed on his site by the designation of the Mississippi River Corridor Critical Area Interim Development Regulations. The site is located on the northwest corner of the Elway Street/Shepard Road intersection in District 15, within the designated Critical Area. The applicant wishes to construct a high-rise condominium complex on the site. The proposal conforms to all local zoning requirements, but does not conform to the Interim Development Regulations of the ��1ississippi River Critical Area. The state designation of the Critical Area authorizes the City to grant variances according to local procedures, provided certain findings can be established. The matter was heard before the Board of Zoning Appeals in a public hearing on °�larch 13, 1979. There was considerable opposition to the proposal , as expressed in the attached rninutes of the hearings. Other letters of support and opposition are also attached. Concerns seemed to center on the size of the building to be constructed in relation to the designated hei�ht restrictions and to the single family neighborhood adjacent to the site. The buildinq is proposed to be 20 stories (195' ) in an area with 35' height restrictions. The Board of Zoning Appeals did not grant the requested variances on a 2-3 vote. Although the Board expressed sympathy with the proposed development, it was concerned about preempting later actions by the Minnesota Environmental Quality Board and the City Council in approving the Plississippi River Corridor Plan and Zoning Text Changes required by the Critical Area designation. If approved as proposed, the changes would allow for and encourage such development at this location. The Board of Zoning Appeals decision has been appealed to the City Council by P1r. Speckmann, to be heard on f�9ay 15, 1979. Please let me know if I can provide additional information or assistance. Sincerel , P.i chard J. LJi ederhorn Planner-in-Charge St. Paul Mississippi River Corridor Plan RJW/gf �n �iem�: Environmental �uality Board Page 2 3/19/79 Part of the structure and access road to El��ay Avenue will be located on slopes between 12 and 18 percent. 7he Interim Development Regulations (Sec. F.6.2.� permit development on slopes betv��een 12 and 18 percent under tf�e following conditions. (a) The developer can prove that the development on the slope can be accomplished without increasing erosion; (b) The soil types and the geology are suitable for slope development; (c) There is proper manag anent of vegetation ta contrai runoff. The applicant should submit a plan to St. Paul detailing how runoff and erosian will be controlled during and after construction. In conclusion, the EQB has no objections to the City of St. Paul granting a permit for the proposal provided that variances from the 40-foot bluff setback and 35 foot height restriction can be justified according to the five conditions discussed above. The City of St. Paul should be assured by the applicant that runoff and erosion can be properly managed during and after construction. /b�r cc: Jim Speckman Rick Irliederhorn Carl Schenk '� :;� r' -° � f �' c�� w�� ' - . CITY OE SAINT PAUL _ , -_ _��`2 OFFICE QF THE CITY ATTORNEY ' I311:::.�,i � "'-`� -'1`` � SUZANNE E. FLINSCH, CITY ATTORNEY � . �• ;,, >`;�'t 647 Ciry Nall,Saint Paul,Minnesota 55102 �_ORGc .�T1�1ER ;i ' V��.� 612-298-5121 � � z . �'�,1 O R ,,;, ��,�, �"�j�� ,M i��;s� '�:.� " _ �rarch 26 , 1979 ' ,,;,�_°`;� {. f�� i•"";.�. � ��°�t+,1�",9'd y�,�, � ��'�� '�� '�'`' ��'�' Rick Wiederhorn City Planning Department of Planning & Economic Development llth Floor - City Hall Annex Dear Mr. Wiederhorn: You have referred to me a copy of the Environmental Planning letter to Glenn Erickson dated March 19, 1979, Fertaining to the Glen ierrace Residential High-Rise application for a variance from the critical area regulations and have asked for my comments. �s you know, the variance was denied by the Board of Zoning Appeals at its last meeting. My comments regarding the report are that any additional staff studies and recommendations concerning the appli- cation for variance should direct its analysis to the five points raised in the letter setting farth the conditions that must be met before the City could grant a variance. The findings of the staff ought to be directed to the determination of whether or not a hard- ship exists as set forth in the regulations in the March 19th letter. Indications of hardship were presented in the verbal testimony sub- �itted at the Board hearing on behalf of the applicant and probably should be contained in future staff repores as wel2. If I can be of any further assistance, please feel free to call. Yo s very tru , J. L : ss ' stant ity A orney J :cg � n_-,,_, '- . c�� sai�� pau! b�ard of zoning a��al� res��io� Zfl�� n�� 8412 d,a�� tiarch 27, 1979 lvHtP,EAS, James H. Speckmann applied for variances from the strict application of the provisions of the Interim Development Regulations pertaining to height - and setback in the hlississippi P,iver Corridor Critical Area; and WNEREAS, the Saint Paul 6oard of Zoning Appeals conducted a public hearing on ��arch 13, 1979 pursuant to said appeal in accordance with the �^equirements of . Section I.2.a of the Interim Development Regulations; and l�lHEP.EAS, the Saint Pau7 Board of Zoning Appeals , based �!pon evidence presented at the public hearing, as substantially rer7ected in the minutes of that hearing attached hereto as Exnibit A, has determined tha� the development as proposed may not conform to the intent of the Critical Area planning efforts undertaken by the State of P�innesota. �JG�rJ, TN�REFO�E, �E IT RESOLVEp by the Saint Paul Board of Zonir�g App�als that, under the authority of Section I.2.a of the Interim Development Regulations , it does not grant the request to relax the height and setback reGuirements, as descr�bed in the legal description on the applicaticn -for variance (Fxhibit B) attach�d hereto. mr��/� b�/ Peterson Decisions of the Board of Zoni�g Appeals are final subject to appeal S�� b�/ �Joous _ to the City Council within 30 days 5 by anyone affected by the decision. f fl �'r�VO�' against ° � ` . + ' MINUTES OF THE BOARD OF ZONIPIG APPEALS hiEETING IN CITY COU�CIL � CNA�BERS, ST. PAUL, MINNESOTA ON MARCH 13, i979 P�ESENT: himes. Su�mers & Mortan; t��ssrs. �-rais, Parrish and Waads of the Soard of z n,no g Appeals; Mr. Jerome A. Segal , Assistant City Attorney; l9r.- Steve Roy of the Division of Housing and Bui7ding Code Enforcement; _t�nes. McNeally and Fox and t4essrs. . Jung and Wiederhorn of th� Planning_ Staff. ABSENT: Ms. Zachary, Mr. Peterson � The meeting was chaired by Gladys Morton, th� chairmart. � JAMES N. SPECKMAf�N �8412 : An appeal for variance for high density housing condomin�um�ceve opment at the west intersectio.n of Elway and Shepard Road. The appellant �as present. There was opposition present at the hearing. Rick Wiederhorn showed slides of th� subject site and reviewed his staff report with a recommendation of approval of the variances requested. Ne went on to explain that th� State requires certain conditions in th� Mississippi P.iv�r Corridor and that when certain adjustments arQ compl�ted in the regulations for the Mississippi River Corridor, said regulations are sch�dule� to be liited. H� said that after the ��ississippi River Corr7dor Plan is approved, the Zonirtg Ordina�ce will b� adjusted. In response to a question by Mr. Segai , he explained that the State has set the definition of bluffline by geometr�c calculations. James Speckmann, own�r of the property, introduced Grant Pzterson from Associated Architects, and presented some brochures of the building that is being propQSed and said they hav� been working on the project since. the prop2rty was purchased in 1972. He said there were some difficulties at that time in zoning which were overcocne, as well as a court procedure which was also overcome. He said thzy had gotten caught in the middle of the t�lississippi River Corridor Plan. He claimed the proposed building would be good for the residents of the building and the residents o-f th� ar�a, as it wili be a `r�andsome buildins �hat will add somethir�g to th� lan�scape of the area. 85 to 95 units are anticipated, depending upon the breakup of floors. The cost of � the units is expected to be $75,000 to $1Q0,000 per unit, and Mr. Speckmann said �hat is a definite need for this type of housing in Saint Pau1 , and that this building would not 6egin to fill the needs of the next few years. He said he unc�erstood that the bluff was on the south side of Shepard Road arid h� was disturbed that a bluff is defined as any summit of a minor slope. h1r. Grant Peterson, from Associated Archi�ects, then passed out site plans to �he Committee members. h1s. Joyce Blais, +,�ho lives two blocks from the site, said the subject site has a beautiful view, and she appreciates the efforts of the Planning department to put beautifiul buildings in the city, but she asked why this particular building had to be 20 stories high, when the Interim Regulations state that on7y 3 stories are permitted in the Mississippi River Corridor Plan. She asked why Staff was so sure that �her� the M.R.C. Plan is adopted, it a�ill allo�� 20 story high cohdominiums. She said the n:ighbors feel a 20 story building is not compatible, and that the area is 32 miles from the First National Bank and 3 miles from the beginning of the metropolitan area. She discussed the Montreal Ni Rise as having 18 stories on flat land, whereas the proposed building would be 20 stories and would be on a bluff. She claimed this did not make sense. � Jr�,�S N•. SPECKMANN t1I��UTES PAGE T4J� !•1r. Woods remarked that it seemed to him, duririg his inspection of the site, that hcr:,es i n the i ��edi a-te area were rather run down, at whi ch poi nt t�s. Bl ai s i nformed him that the homes in the irr�rediate area belong to P�r. Sp�ckmann, the applicant, who rents them and who is not apt to ta�e care of them �•�hen he is preparing ta tear them down. h1r. Parrish asked Ms. Blais about the view situation, and said it seemed to him that one development within the allowed three story limit might be more undesirable than the proposed 20 story situa�ion. P-ts. Blais said people ih the area walk to Crosby Park �rhich �rould be closed off and the view would be only for the people on the first f7oor of the proposed building. John H. Yust, 256 Goodricfi, pr�sident of the'7th Street Federation, said he is dis- tarbed that staff has recommended this proposal , because of the opposition throughout West 7th Street. He referred to critical reference material from 1975 wnich was being used as a guid� by his Federation and said the material makes s$ns�,. and that a great deal of planning has beer► don� in th� t�est 7th corrmunity since 1973. Mr. Yust reviewed some of the projects the 4�est 7th Federation has partic7pated in. (1 ) Revitalization Through D�velopment--A Tourism Study (2) District 9 Plan (3) River Corridor Plan. In response to Mr. Woods' inquiry about other hi rises in tF�e area other tFtan the pr�posed, Mr. Yust referred to the Stuart Nolan Development, saying that what happened in that area was that Mr. Nolan began buying propert;/, which �rias then rented out to undesirable people, resu7ting in block-busting, and p��hin� out the neighbors in tha�t entire area of several bloeks. He said this ar�a is an extremely .fine one with single family houses, but Stuart ��olan decided hi rise structures �ere appropriate for that area and r►any hav� been built. �itr. Yust said he was not concern�d about ore or two years, but ten years from now and his Federation do�s not want 1� or 20 hi rise structures in th� area. t1s. Darlane Ni•ren, 2067 She�ard Road, said the City Council could not put any re- striction .on height of a building during rezoning of multiple use buildings. She said the opposition to the prop�sal is �nly because o�f the height and that a 20 story building would be significant anywhere in the neighborhood. She cautioned planners, wno are not developers, to check to see how maximum use can be made of land. She said the plann�rs have a responsibility to those who worked on the Mississippi River Corridor Pian and those whQ donat�ed Crosby Park, ta keep the area as natural as possible. Rod Nivzn, 2067 Shepard Road, stated that certain str�ets in the area have not been vacated and this will necessitate petitianing for vacation. He said it t�kes a year sometimes for a homeowner's petitian for vacation to go through. l�atershed runoff areas must be protected and so7ar rig�ts af homeowners. He claimed a 20 s�ory bui3ding will affect ev�ry hameown�r in the area insofar as critical sunlight is concerned. He spoke of one neighbor wi�ose so7ar en�rgy heating system would be rendered useless by erection of a 20 story building. Mr. Niven referr�d to the reasons for previous danial of rezoning of the site, suct� as storm sewers, fire = p�otection, City agencies' opposition, etc. hir. Niv�n said he cauld not understand how the variance could be granted without the entire concept b�ing brought toget�ier with the state and approved, and petitioning being done for vacation of the streets. Ne said that perhaps after six months some of the prob?ems cauld be solved and tne height problem could be addressed again. � J�w"�S H, SPECKt�?AN�� h1INUTES PAGE 7NRE� h1s. htorton read into the record a letter fro� Howard Guthmann, president of tt;2 Southwest Area District Counci7 , wh�rein the Counci1 had voted to gran�t the requested varianc�s. his. 81ais spoke again and said she had attended the meeting� of the Southwest Area District Council arid that the vote had be�n 6 to 6, that the agenda published in the Highland Villager did not mention the proposed project, and t�at the peopie in the area had no change to discuss it. She said the Montreal Hi Rise supports th� - � neighbors' opposition to the proposed 20 story building. . t�s. Niven spo;ce again and said the subject area is not part of 4lest 7th Street and that District 15 was vo�ing on something that does not include them. There being no further public testimony, Ms. Morton closad the pub�ic portion of the hearing. Mr. Segal said the guidelines that apply in th9s case are not from thQ Zoning Ordinance but from tne Interim Deveiopment Regulations, which provide that variarces can be granted only under special conditions. He said th� hardship regu7ation is not as strict as the Zoning Ordinance, and the applicant should be asked about hardship. He said the hardship must not be self created, and the proposai must be compatible with oth�r land use in the area. He tnen as�ea r�r. Speckmann whe�ther " there was anything about the property that would make it difficult or impossible to �evelop it within the 35 ft. 1imits. . h1r. Speckmann said they would have to cover most of the property with buildings if variances were not granted. The property is on rock with 14" majar water main running to the access street, and the building site is at tne high part of the property. To build on any other part of th� property would be building on a siop�. hir. Parrish auestioned th� process oT returning che sfte to city juris��iction �nd the assumption that no variancz a�ould be needed at that time. Rick Wiederhorn saicf . the State would ask the City to re-assess the buiiding at that location. Mr. - _ Segal said the Critical Area regulations would remain in effect unless the legislature or P�etropolitan Council gives an extension. In addition, the Me�ropo79tan Council during the interim could adopt regulations that would su�ersede the Interim Regulations. Unless extended, the Interim Regulations will expire November 1979. Then the City zoning would apply without any other restriction and tf�ere would be nothing to involve a variance. t•fr. Grais asked how many neighbors would be affected by th� 20 story buiiding and Ri�k Wiederhorn said everyone in the neighbort�ood +�ioul� be af�ected one way or anoti�er. He also said that he did not kno.� exactiy where, the�shadow �vould fa1i . :At this point hir. Paiven said approximately 105 homes would be .a-£-f.�,�,.: � h?r. Peterson then presented a series of shadow studies indicating the path of ti�e sun at different months of the year and explained how the shadows would fall . He� concluded by saying 12 houses wouid be a�fected over a. 3 hour period. ��r. 4loods said that in view of the uncertainty regarding the Interim Regula�ions and lack of approval to date by the City Councii , he did no� b�lieve the Corr�nittee c�uld give efficient and conscientious approval to the variances, and he moved denial. J"r.:';C� n. JYGI.Nini��v riliVUitJ F'HGt rUUK , . , ��r. 4ti'oods' mot�on was seconded by Mr. Parrish, but faiI2d on a 2 to 3 roll cali vote. �;s. Sumriers then moved appro�ial of the variances �ased art Staff findings 1 thru 4. Nzr motion was seconded by Mr. Grais, but this motion also failed on a 3 to 2 roli call vote. t•1r. Parrish said that as far as the subject development is co�cerned, the proposa] is the nost logical use of the site, and he would have to say he favared it. No;�ever, he is concerned, he said, about preempting actions of oth�r bodies who have taken a larger look at the whole picture, suc� as the htetropolitan Council ,� the City Council , the Legislature, etc. If no action fs talcen in the next six months, he said, P�lr. Speckm�nn can probabiy develop the property as propos�d. The variances were not granted. � � - Submitted b : Appraved by: , , _ �-� Rick Wiederhorn Gladys Morton, C�airman � �yr� SC��THWEST AREA DISTRICT C4UI�CIL . , . _ ::.t, _ �esi�n�:HowaRa-cu�HmAC��t �OARD CHAIRMAt�: MIKE MC TEAGUE ADMIIYISTRATIVE SECRE?ARY-COMmUnIN ORGAfiIZER:GAYLE W. SUMMERS ; r' �� _ r� ..� ,�� ,,-• ;.y.-� Gladys Morton, Chairman St. Paul Board of Zoning Appeals 1101 City Aall Annex St. Paul, P�Iinn. 5 5102 Dear Ms. Morton, The Southwest Area District Council, after hearing discussion, voted to support the staff recommendation for granting the variances needed to construct the hi-rise condominium pro,ject west of the intersection of Elway and Shepard Road. Very Truly Yours ', � � � , ,. , _ : � ,. , . � --- Howard Guthmann President � 2258 GOODRICN AVEhUE, ST. PAUI. MIhnESOTA 55105 (612)698-7973 �� i � MICHAEL J.DOHERTY 118 82-1973 1 D O H E R TY, R U M B L E & B U T L E R DEAN R.EDSTROM WILFRID E.RUMBLE(1891-19711 FRANCIS D.BUTLER C.ROBERT BEATTIE ATTOR N EYS AT LAW DAVID G.MARTIN J.C.FOOTE STEPHEN T.REFSELL IRVING CLARK - HAROLDJORDAN I500 FIRST NATIONAL BANK BUILDING GEORGE L.MAY WILLIAM J.HARGIS THEOPHIL RUSTERHOL2 TIMOTHY R.QUINN FRANKCLAVBOURNE SA�NT PAUL, MINNESOTA 55101 ALAN �.SILVER PIERCE BUTLER JONATHAN P.SGOLI JOHN L.HANNAFORD TELEPHONE (612) 291-9333 ROBERT H.WENNER PERRY M.WILSON,JR. ELLEN HIGGINS JEROME HALLORAN JOHN A.YILEK JOSEPH M.FINLEY WRITER�S DIRECT DIAL NUMBER BRUCE C.FAULKEN HENRY D.FLASCH CYNTHIA S.ROSENBLATT EUGENE M.WARLIGH 291-9374 JEFFREY B.OBERMAN JAMES K.WIT7ENBERG GREGOFYA.KVAM ROBERT L.DAVIDSON JAMES R.CRASSWELLER JOHNJ.MSGIRL,JR. MINNEAPOLIS OFFICE ROBERTS.BRILL THOMAS E.ROHRICHT BARBARA J.GRAHN BOYD H.RATCHYE 3750 I D S TOW ER STEPHEN I.HALPEF BURTON G.ROSS M�NNEAPOLIS, MINNESOTA 55402 PENELOPE M.CAIRNS RALPH K.MORRIS FRANKJ.DUTKE BRUCE E.HANSON TELEPHONE (612) 340-5555 EMILY F.SEESEL J.LAWRENCE M�INTVRE MARC W.LARSON TELEX 290-635 RICHARD A.WIlH017 DAVID P. DYSON JOHN G.HOESCHLER WILLIAM J.COSGRIFF RICHARD B.PETERSON RONALD A.2AMANSKY OFCOUNSEL April 23, 1979 DANIEL W.O'BRIEN Mr. A1 Olsen City Clerk Office Room 386, City Hall Saint Paul, Minnesota 55102 Dear Mr. Olsen: This is to confirm our telephone conversation today in which I advised you that Mr. James Speckman consents to the change in th� City Council hearing date for his zoning appeal from May 3rd to Ma.y 15th. I would appreciate it if you would send me a copy of the notice of hearing for the May 15th date. Sincerely, DOHERTY, RUMBLE & BUTLER . • - - ) TiQ/ Ellen Higgins EH:km cc: Mr. James Speckman , _ � • , ' � . � , . r ; � - , , ,� � , . . ,y � • . �� r � � .. , � , ' '� ` . ' � �; . � ' � � . . y ' 3 S�> -' ��":� ; ;. ` � , {O `'�`'`� �.: . ` . t. . ; , 1�C '�,� ' . ' , v'� � ?, , ; � l . �:��t,,; � , . - � �,.�,,, / : � . . �� . , - . . I1Dril. �, 197"9., : !�° . . , ' r :` , � I�h+. Bsrnard Car2wn • , � Di��tor, Fi�tnC+� & i�sna;�ec�� S!lrviclra � . , . , Ro�am 113r Cit,y Hal� 1 :1�. Pitu1, A[inns�ota� � � . , , , _ ti. ' 1J�s�►r Sir,t - _' � ,, , ;; _ �s� Cit�r,Co�nssil se� a tLt��v�!' hesrisg �or �►y 3� 19T9, to ao�atider ,, � : t�s �ppe�l ot ,r�r H. Aq��km�unn to r d�cietiott oi tl� �rfl �Y �l�ng �psaY�t af''�ct3n;; p�roper�y.at the nc�rtbt�rst corner of ' ' ' � � .Rold i� Slw►�r Street. (Zo��n� Fi�a # 8�I2� Wfil you : pl�e sand notices �o praper�Ly o�nere as req�ire� by lah+? , � . ' . � Ver� truly youra, , , � Roar� �!'x,, , ` ' � , , City Clark , ; , , � � : � - CC i � � , ' �' • ' P].�i�, Zonia�'�ction ` ` ' Supirrf�ndent o� Cc�d� F,nforaeMen,t . . ' ' ,A�i0t1#t , : . , ' � , : , - . _ � � � �, . . . l — � � - ' ,:� , • , �° , _ , ' , y , • . • ,< � . ' �`� �� . �'`� �,��- � � ' f ti� �: r� � ` � � � z . _� Associated Architects 8 Engineers 241 South Cleveland Avenue St. Paul , Minnesota 55105 March 30, 1979 City Council Court House 15 West Kellogg Bivd. St. Paul , MN 55102 RE: Zoning File No. 8412 Members of The City Council : On March 13, 1979, the write� met with the St. Paul Board of Zoning Appeais in a pubtic hearing in the Council Chambers. The appeal for variances to develop a Condominium High Rise project on property on the Northwest corner of Shepard Road and Elway Streets failed to pass. We therefore appeai to the St. Paui City Council for a favorable decision. I understand this appeal will be heard in approximately three to four weeks. Very truly yours, i // , ,..- ., �'Z�/C�✓,�'Y X��-�'r``�,tz.�`�. James H. Speckmann JHS/dm �r.�� . , ; �t \ ` - ,' r� . , '� ' . � ,�� , . � �: ` � . / , . , : , . , , . . � � . . , , f. . , • � . . , May 15, 1979 � . , , Mu. 3us�nne Flia�eh � , Cfty •Attorney _ - � Roow 6k7, �ity �all_ r St. Pdttl, l�r►aeso�a � , ' , -- Dear l+�s.. Fliuscb t ' � , � , , ' T�e �ity Council raques�e- t.h�ax you prepare �e prop�r r�itolutian - . �pproving the appeal of James 3�akmsrsn to� a ¢�eiision of the� Board of Zoning Appenla re�ardin� property at glx+�y.%�ad�ShtpDard Rd. The Coune�il reques�s that the .reaolution be prqpt�r4d conEaining the ' . nec�sasry findings aad height r�strict,�ons tor s twenty story bui.,lding \, _ . Ye='Y ti'ulY Yout�, _ , � ` . � . i , , , . �; . ; ► , - , , - �. Rose Mix • , City Clerk , � AAOsIs : . � . � , ' i , . , , � . . � � :' , , , ; . , ` . , , . � ' , , . � i _ . �. } � ._ CITY CLERR . , y CiTY O� S7. PAUL � DFPAR�MENr OF FiNAN�� AND MANAGfMfNT S�RVICFS Assfss�E�r�tivisiov 113 CITY HAII Si.PAUI,MIN�iE507A Si702 April 20, 1979 � File X2254 Page Zoning File 8412 - . The Council of the City of St. PauZ will hold a public hear3ng in the Council Chaabers of the c�ty x�ii and Court House (third floor) at 10:00 a.m. on . May 15, 1979 on the: Appeal of James H. Speckmann to the decision of the • � Board of Zoning Appeals which denied his application - - for a variance to permit a high-density housing condominium development at Elway and Shepard �toad, ' : being legally described as: Lots 2 thru 9, Block 8, Lots 1 thru 13, B1ock 10, Lots 1, 2, 3 & north 26.1 ft. of Lot 4, Block 11, Kipp's Glen Terrace and Lots 1, 2, & 23 thru 28, .Block 5, C. W. Youngman's Addition � . If you would Zike further information about this hearing, contact the Curre�*_ Plaaning Section of the Planning Board, Rm: 1202 Citp Hall Aane��298-4�.54. While the City Charter requires that we notify you of the hearfng, we r�ant ta � help you to learn fully about any improvement that could affect you or your co�u�zity. Therefore, �-.[ sincerely hope yc.0 can attezd this hsarin�, so. that you can iaake your views about it known to the City Council, whether for ar against. J. WILLIAM DOPTOVAN VALUATIOV AND ASSESS�IENT EtiGINEER f r y4'��,/Du��qo M�nnesota Donald M. Moe / District 656 — � House of Ramsey County �-�� Committees: � -� �.� Representatives Criminal Justice ---- - Governmental Operations Labor/Management Relations Apt^i 1 30, 1979 Legislative Audit Commission, Chairman � � �� .�. �� The Honorabl e Davi d Hozza �A� ^ � "�� St. Paul City Council 704 State Off i ce Bw i 1 di ng Council P�esident St. Paul , Minnesota 55102 David H1 Hozza Dear Dave: It has come to my attention that an appeal has been made to the St. Paul City Council on the denial of a building permit for the construction of the Glen Terrace condominiums in the River Corridor area. I urge you to uphold the denial of the permit. The present height restriction for the parcel of land in question is 35 feet or approximately three stories and the proposed structure would be twenty stories. Area residents are justifiably concerned about the physical impact that a twenty story high-rise will have on their neighborhood and their privacy. Until final adoption of the environmental impact regulations by the Environmental Quality Board is made, the City Council should not overturn the judgment of the Zoning Board. Thank you for your consideration. Sincer r gards, C/`%< DONALD M. MOE State Representative DMM:dk Replyto: 2996 State Office Building, St. Paul, Minnesota 55155 296-4264 fG� �A+ �U� �� West 7th Street Federation 175 S. Western Avenue MAY 1 � ;97� St. Paul , Minnesota 55102 � Ma 10, 1979 Council P�esident y David H, Hozza Dear City Council Member, The residents who live adjacent to the proposed high rise condominiums in the Kips Glen area and the West 7th Street Federation strongly oppose the project because of its size, visual presence on Crosby Lake Park, visual presence of the Mississippi River corridor, and the impact of a 20 story building on the adjacent environment. If this project is approved we would have to consider the Critical River Corridor Act which is intended for the orderly depelopment of the area to be a sham. The Kips Glen neighborhood has been against this project since 1972. At that time the Planning Commission, after reviewing the proposal and assessing the ramifications of a high rise development for the site, voted against the project. Other than legal tactics used by the developer to subvert the right of our participation for our community no changes in the design, the access,or the height have been proposed by the developer. We urge you to consider the changes in our lives that have occurred since 1972 in order to review this proposal . The shadows cast by the building will extend to West 7th street. Presently, the demand for market rate housing in the Shepherd Park development is minimal . The demand for Mr. Speckman's units,$80,000 - $200,000, we also think is minimal . Since 1972, the notification of people affected by a project has gone from 100 feet to 350 feet. Since 1972, it has become apparent that solar energy/ sun rights is now an increasingly viable fact of life. Since 1972, it has become apparent that recreation and quality of life are elements that give character to an urban setting. And since 1972, it has become evident that the Mississippi River corridor is a unique asset to the City of St. Paul . We urge you to review this proposal in light of the changes that have occurred. We strongly feel that the developer can proceed with an economically profitable venture that will be more responsive to Kipps Glen, the users of Crosby Lake and the City of St. Paul . Sincerely, Joyce Blais Sarah Hillstrom Kathy Niven � �� = ` �,T=�,� ' CITY OF SAiNT PAUL -<� ,_,� , _ .�i, =` �-,.z's a`: DEPARTMENT OF PLANN)NG AND ECONOMIC DEVELOPMENT - ii,i'�3lf((i — i - ` _- � DIVlSlON OF PLANNING �es• > 25 West Fourth Street,Saint Paul, Minnesota,55102 GEORGE L�TI:�1ER 612-298-4i51 M�}OR t1a� 3, 1979 P.ose �•1ix, City Clerk � 385 City Nall St. Paul , ;1inn. 55102 Dear i-ladar�: P,e: James H. Speckmann: Zoning File No. 8412 This is in response to the application of James Speckmann for a variance from the heighi and setback restrictions imposed on his site by the designation of the 'riississippi P.iver Corridor Critical Area Interim Development Regulations. The site is located on the northwest corner of the Elway Street/Shepard Road intersection in Di;trict 15, within the designated Critical Area. Th� applicant wishes to construct a high-rise condominium complex on the site. The proposal conforms to all local zoning requirements, but does not conform to the In�erim Development P.egulations of the F1ississippi River Critical Area. The state designation of the Critical Area authorizes the City to grant variances according to local procedures, provided certain findings can be established. The matter was heard before the Board of Zoning Appeals in a public hearing on f•�arch 13, 1979. There was considerable opposition to the proposal , as expressed in the at�ached minutes of the hearings. Other letters of support and opposition are also at�ached. Concerns seemed to center on the size of the building to be constructed in •relation to the designated height restrictions and to the single family neighborhood ad�acent to the site. The building is proposed to be 20 stories (195' ) in an area �•�iih 35' height restrictions. � The Board of Zoning Appeals did not grant the requested variances on a 2-3 vote. �,l�hough the Board expressed sympathy ��ith the proposed developrnent, it was concerned about preempting later actions by the Minnesota Environmental Quality Board and the Ci�y Council in approving the P1ississippi P,iver Corridor Plan and Zoning Text Changes recuired by the Critical Area �designation. If approved as proposed, the changes ��rould allow for and encourage such development at this location. Th? 8oard of Zoning Appeals decision has been appealed to the City Council by ��1r.� Speckmann, to be heard on f�9ay 15, 1979. Please let me know if I can provide additional in�ormation or assistance. Sincerel , P,icnard J. LJiederhorn Planner-in-Charge St. Paul �+lississippi River Corridor Plan ?�;�/gf �O . �� .s Environmental Plannin / O f f cce /�lemorandccm �'� D�P��I.�.EtiT � � Critical Are�s 'Program = . �� } 1'��! ;I��' i o : G1 en Eri ckson, Ci ty Archi tect ;.,,� �� 3;;� . DATE: r1arch 19, 1979 '' t:l �+' :�" �, � d � � ��' � ,�; n �;: ��v ��1 �/ • f'+.,, '_e��# — !i,'l1 F?��j • Arthur E. Sidner �� 'y��,� '"' PHONE: 296_6662 ;;>;� Chairman, Environmental Quality Bba�d,�rr��, �� . � � sL,J�cT: Recoranendation on Permit Annlication in the t4ississippi River Critical � Area: The Glen Terrace Residential High-Rise in St. Paul Tnz �ity of St. Paul on February 14, 1979 submitted, for Environnental Qualitv Board (_13) revier�, a proposal for construction of a high-rise condominium in St. Paul i�l1LR1tl tne �lississi�ni River Crit;cal Area. Th� �nvironmental Quality Board (EQB) has received the �roposal for construction o} a hign-rise condo►niniums in St. Paul and the EQB staff has reviewed it for con=ornance ��ith the Interim Development REgulations for the Plississi�pi River Corridor Critical Area. � Tni; project was reviewed previously by the EQB. The Critical Areas staff rOU^d inconsistenci'es with the Interim Development Regulations regarding s�a:�cards for 40-foot sethack of structures from blufflines (Sec. F.4.b.(2)) z^: �:�e prohibition of development on slopes in excess of 18%, (Sec. F.6.a.(1�� . :ne sta�r recor�mended relocating the pro�osed structure to conform ti�rith these �rov�sions of the Interim �evelopment Regulations. Tn� �revious proposal has been modified to conform to our recommendations and � r�s::b,-�itted for Critical Area revieti��. The ne�r structure will not be located on slopes in excess of 18%. However, the 20-story building ti,�ill be ti��ithin 4� =e�t o` the 61uff. The Interir� Development Regulations allow the City to g�ant a variance from the 35-foot height standard and the 40-foot bluff setback sian�ard under Section I.3, of the Interim Regulations. Five conditions .:�.�s� be ret before a variance may be granted by the City. They are as follows: (1 ) The strict enforcement of the setback or height restrictiors, or lot size or line of sight vri71 result in unnec2ssa�; hardships. "Hardships" as used in the consideration of dimension variance means that the property in question cannot be. put to a reasonable use under the dimension provisions of the Interim Development Regulations. (2) There are exceptional circumstances unique to the property that were not created by a landoti•mer after April 25, 1975. - (3) The dimension variance does not allow any use that is not a compatible use in the land use district in Hrhich the property _ is located. (4) The dimension variance a�ill not alter the essential character of the locality as established by these Interim Development Regulations. . (5� The dimension variance would not be contrary to the intent of the Order. � �I �tem�: Environmental �uality Board Pa ge 2 ` 3/19/79 Part of the structure and access road to Eltiray Avenue wil� be located on slopes between 12 and i8 percent. The Interim Development Regulations (Sec. F.6.2.) permit development on slopes betu��een 12 and 18 percent under the fol]owing conditions. � (a) The developer can prove that the development an the slope can be accom�lished vrithout increasing erosion; (b) The soil types and the geology are suitable for slope development; (c) There is proper management of vegetation to contral runoff. The applicant should submit a plan to St. Paul detailing how runoff and erosion �vill be controlled during and after construction. In conclusion, the EQB has no objections to the City of St. Paul granting a permit for the proposal provided that variances from the 40-foot bluff setback and 35 foot height restriction can be justified according to the five conditions discussed above. The City of St. Paul should be assured by the applicant that runoff and erosion can be properly managed during and after construction. /bjr cc: Jim Speckman Rick 4liederhorn Carl Schenk _� ,� � • � �:� �,` { f� F^� �� CITY OF SAfNT PAUL = _� `. ,, . ;, s ' �' .'_ '` OFFICE OF THE CITY ATTORNEY �;<-� ` " � "f`�'=�" � SUZANNE E. FUNSCH, CITY ATTORNEY .; •�• _;� 647 City Hali, Saint Paut,Minnesota 55102 ��" 612-298-5121 GEORGc _7�i�1ER :} ' � �q � �SA10R ,-� s°=�' ` e ;� � -at „� �` t�y ' '� �'o i:�.' 1 i',;51 � P•Iarch 26, 1979 ' ��a.a'* 4 ,��,,;�3 �,�, � `, 4 �i�� •�•��v . �� . >�a,:.a,'' , '�=�'`'k � Rick Wiederhorn City Planning Department of Planning & Economic Development llth Floor - City Hall Annex Dear Mr. Wiederhorn: You have referrec� to me a copy of the Environmental Planning letter to Glenn Erickson dated March 19 , 1979, pertaining to the Glen Terrace Residential High-Rise application for a variance from the critical area regulations and have asked for my comments. As you know, the variance was denied by the Board of Zoning Appeals at its last meeting. My comments regarding the report are that any additional staff studies and recommendations concerning the appli- cation for variance should direct its analysis to the five points raised in the letter setting forth the conditions that must be met before the City could grant a variance. The findings of the staff ought to be directed to the determination of whether or not a hard- ship exists as set forth in the regulations in the March 19th letter. Indications of hardship were presented in the verbal testimon_y sub- mitted at the Board hearing on behalf of the applicant and probably . shoula be contained in future staff reports as well. If I can be of any further assistance, please feel free to call. Yo s very tru , � J. L ss ' stant ity A orney J :cg , � � ci�� s�i�t p��1 b�ard of �aning a��ais resol��io� zon�r�g fil� nu�� st12 _ , �a�� f?arch 27, 1979 :'�=P,EaS, Jarr�es H. Speckmann applied for variances from the strict application ,,:� o� tne provisions of the Interim Development ReguTations pertaining to height - Gra setback in the hlississippi River Corri�or Critical Area; and :;;;ERE;;S, the Saint Paul Board of Zoning Appeals conducted a public hearing on ';arch 13, 1979 pursuant to said appeal in accordance �viti� the requirements o-f . Seczion I.2.a of the Interim Development Regulations; and ��;:;�P,EAS, the Saint Paul Board of Zoning Appeals, based upon evidence presentec! - G� the public hearing, as substantially reflected in the minutes of that �earing attached hereto as Exnibit A, has determined that the devela�men� as preposed may not conform to the intent of the Crit�cal Area planning ef-Forts urdertaken by the State of P�linnesota. ;;�;•1, TH�REFORE, 6E IT RESOLVED by the Saint Paul Board of Zoning App�als that, under the authority of Section I .2.a of the Interim Development Regulations, �� does not grant the request to relax the height �nd setback requirements, as '�scribed in the legal description on the applicaticn fioN variance (Exhibit B} ?tiached hereto. - m�V�� b�/ Peterson Decisions of the Board of Zonix�g Appeals are final subject to appeal 5��(�� / ►loods _ to the Ci ty Counci 1 tiai thi n 30 days in �avor 5 by anyone afifected by the decision. �gai�st ° - MINUTcS OF 7HE� 80ARD OF ZOiVIilG APPEALS t�iEcTING IN CTTY COU�lCIL � CH�1hi8ERS, ST. �AUL, MINNES07A 0� h1ARCH 13, i 979 P��SE��T: hSmes. Summers & Morton; t�essrs. �rais, Parrish and Woods of the Board c� Z no in g Appea7s; Mr. Jerome A. Segal , Ass'istant City Attorney; P�1r.� Steve Roy c{ the Division of Housing and guilding Cod� Enforcement; _t�nes. McNeally and Fox a^d t�essrs. . Jung and 4liederhorn of the P7anning. Staff. �3SE��T: Ms. Zachary, Mr. Peterson � TnQ rreetir�g was chaired by Giadys Mortan, th� chairman. - - ,;A'�ES N. SPECKMANN �8412 : An appeal for variance for high density housing condcmin�um e�pment at the west intersectio.n of Elway and Shepard Road. T�� appellant was present. 7here was opposition pr�sent at the hearing. rick k'iederhorn showed slides of the subject site and reviewed his staff report with a recomrnendation of approval of the variances requested. Ha went on to expla�n that the State requires certain cond�tions in th� Mississippi P.iver Corr�dor �^d zhat when certain adjustments are compiQted in the regulations for the Mississippi P.iver Corridor, said regulations are scheduled to be li�ted. Ne said that after tne itississippi River Corr7dor Plan is approved, the Zoning Ordinance wi11 be adjusted. Ir� response to a qu�stion by Mr. Segal , he explained that the State has set th� C�`in;tion of bluffline by geo�etric calculations. J�:�es Speckmann, owner of the property, introduced Grant �etet^son from Assaciated �,rchitects, and presented some brochures of the building that is being proposed cn�+ said they have been working on the project since t�e propzrty was purchased in '972. He said there were som� difficulties at that tim� in zoning which were overcome, as �rell as a court procedure which was also overcome. Ne said they had gotten caught in the middle of th� Mississippi River Corridor Plan. Ne c7aimed the proposed building �,ould be good for the residents of the building and the resid�nts of the area, as it will be a `r�andsom� buildin5 ihat wi11 add something to the lanuscape of the area. �� to 95 units are anticipated, depending upon the breakup of floors. The cost of �ne units is expected to b� $75,000 tc $100,000 per u�it, and Mr. Speckmann said t�hat is a derinite need for this typ� of housing in Saint Paul . and that this building would not begin to fill the needs of the next few years. He said he un��rstood that tre bluff was on the sauth sid� of Shepard Road arid he was disturbed that a bluff is defined as any summit of a minor slope. ��r. Grant Peterson, from Associated Architects, then passed aut site plans to the Co�rmi tzee members. t?s. Joyce Blais, who iives two blocks from the site, said th� subject site has a beautiful view, and she appreciates the efforts of the Plannir;g [}epartment to put Eeautiful buildings in the c5ty, but she asked why th�s particuiar building had tv be 2G stories high, when the Int�rim Regulations state that only 3 stories are permitted in the P-lississippi River Corridor Plan. She asked wi�y Staff was s� sure that wher� the t•!.P,.C. Plan is adopted, it a�ill a11o�� 20 story high condominiums. Sh2 said the r;aighbors feei a 20 story building is not compatible, and that the area is 32 miles fr�� the First National Bank and 3 miles from the beginning of the metropolitan area. Sh� discussed the Montrea7 Hi Rise as having 18 stories on flat land, whereas the �ro�osed building would be 20 stories and ti•iould be on a bluff. She claimed this �id not make sense. ,?�"�S H. SPECKMAP�N � P-1I�JUTES PAGE Tt�O , .j " , i�. ' `•'r, t�'oods r�marked that it seerred to him, during his inspection of the site, that �;��es in the irrs�ediat� area were rati�er run down, at which paint t�s. Blais informed ni;,, that the homes in the irr�rediate area be7ong to h1r. Sp�ckmann, the applicant, w��o rents them and who is not apt to take care of them �•rhen he is preparing to �ear them do�tn. ;;r. Parris� asked Ms. Blais about th� view situation, and said it seemed to him that o^� developm�nt within the al7owed three story limit might be more undesirable than tne proposed 20 story situation. P�1s. Blais said peaple in the area walk to Crosby ParK . wnich would be c7osed off and ti�� vie�r would be only for the peop7e on the first floor �t the proposed building. JL^n H. Yust, 255 Goodrich, president of the' 7th Street Federation, said he is dis- turb2d that staff has recom�nend�d this proposal , because of the oppasition throughout �est 7th Street. He referred to critical reference materiai from 1975 wnich was being used as a guid� by his Federation and said the material makes sense,. and that a great dpal of planning has been done in the l�fest 7ti� com�nunity since 1973. Mr. Yust r�viewed same of the projects the 41est 7th Federatian has participated in. (lj Revitalization 7hrough Development--A Tourism Study (2) District 9 Plan (3) River Corridor Plan. In response to Mr. Woods' inquiry about other hi rises in the area other t�an the pr��osed, Mr. Yust referred to the Stuart Nolan Develo�ment, saying that what happened in that area was that Mr. No7an began buying property, which was then rented out to undesirable people, resulting in block-busting, and ��?s;�it�g out the neighbors in trat entire area df several blocks. He s�id this area is an extremely .fine one ��iih single family houses, but Stuart Nolan dzcided hi rise structures wer2 apprapriate for that area and many have been built. Pilr. Yust said he was not concern2d about o^� or two years, but ten years from now and his Federation do2s nat wartt 7Q or 2� hi rise structures in the area. t�s. Darlene Ni�ren, 2067 She�ard Road, sa�d the City Counci� could not pu� any re- s�riction .on height of a building during rezoning af multiple use buildings. She said the opposition tc� the aroposal is only because of th� h�ight and that a 20 story b�.,ilding would be significant anywh�re in the neighborhood. She cautioned planners, �rno are not developers, to check to see how maximum us� can be made of land. She s�id the plann�rs have a responsibility to those ��ho worlced on the Mississipp� River Corridor Plan and those who donated Crosby Park, to keep th� area as natural as possible. Rod Niven, 20b7 Shepard Road, stated that certain streets in the area have not b�2n vacated and this will necessitate petitioning for vacation. He said it takes a year sometimes for a homeowner's petition for vaca�ion to go through. Watershed r�r.off areas must be protected and solar rights af home�wners. Ne claimed a 20 story building will affect every hameown�r in the area insofar as critical sunlight is concerned. He spoke of on� neighbor wi�ose solar energy heat9ng system would be rendered useless by erection of a 20 story building. Mr. Miven referr2d to the reasons for previous den�al of rezoning of the site, suct► as starm sewers, fire = p�otection, City agencies' opposition, etc. hir. Nivan said he could not understand ho��r the variance could be granted withou-t the entire concept being hraught toget��er with the state and approved, and petitioning being done for vacation of the streets. re said that perhaps after six months some of the prob�ems could .be solved and tne height problem cauld be addressed again. � JF�`�!ES H. SPECKI�!ANN j - MINUTES PAGE THREE ,� Ms. hiorton read into the record a letter fro� Howard Guthmatin, president of thz Southwest Area District Council , a�herein th� Cout��iI had voted t� gran�� the requested varianc�s. Ms. Blais spoke again and said she had attended the meeting� of the Southwest Area - District Council and that the vote had been 6 to 6, that the agenda published in the Highland Uiliager did not mention the proposed project, and that �he people in the area had no change to discuss it. She said the Montreal Ni Rise supports the - � , neighbors' opposition to the proposed 20 story building. . P�(s. Niven spoke again and said the subject area is not part of West 7th Street and that District 15 was voting on something that does not include them. There being no further public testimony, Ms. Morton clos�d the pubiic portion of the hearing. . Mr. Segal said the guidetines that apply in this case are not from th� Zoning � Ordinance but from the Interim Development Regulations, �rrhicn provide that variarces can be granted only under speciai conditions. He said th� hardship regulation is not as strict as the Zoning Ordinance, and the applicant shouTd be asked abaut hardship. He said the hardship must not be self created, and the proposal must be compatible with ot�er land use in the area. H� then asked P�9r. Speckmann whe�tnAr ' there was anything about the prop�rty that would make it dif�zcult or impossible to d2velop it within the 35 ft. limits. . . Mr. Speckmann said they would have to cover most of the property with bttildings if variances were not granted. The property is on rock Vrith 14" major water main running to the access street, and the buildi�g site is at t�� high part of �he property. To build on any other part of the property wouid b� building on a slope. Mr-. Parrish auestioned thp process o�` returning �he site �to city jurisGictior� and the assumption that no variance would be needed at that time. Rick t�tiederhorn said � the State wauld ask the City to re-assess the building at that location. htr. - _ Segal said the Critical Area reguTations would remain in effect uniess the legis7ature or P�etropolitan Council gives an extension. In addition, the f�ietropolitan Council during the interim could adopt regulations that would supersede the Interim Regulations. Unless extended, the Interim Regulations wili expire November 1979. Then the City zoning would apply without any other restriction and there would be nothing to involve a variance, h1r. Grais asked how many neighbors would be affected by the 20 story building and Rick lJiederhorn said everyone in the neighborhood ��oul� be affect2d ane way or another. Ne also said that he did not kno,w exactiy where,the<shadow would fal7 . .�At this point t�lr. Niven said approximately 105 homes would be .�-�-��._ Mr. Peterson then presented a series of shadow studies indicating the path of the sun at different months of the year and explained how the shadows would fa11. He` concluded by saying 12 houses would be affected ov�r a. 3 hour period. htr. 4Joods said that in view of the uncertainty regarding the Interim Regula�ioris and lack of approval to date by the City Council , he did not believe the Corrmittee could give efficient and conscientious approval to the variances, and he moved denial . �r,: i � n. �r��rv iNi�iv l�111VU I tJ _ _Pf�CiEF[)UFt � , . •f� �•ir. ldoods' motion was seconded by �^r. Parrish, but fail�d on a 2 to 3 ro11 call vote. �1s. Surners then moved ,approval of the variances based an Staff findings 1 thru 4. Her motion was seconded by Mr. Grais, but this motion also fail�d on a 3 to 2 ro11 call vote. �-1r. Parrish said that as far as the subject development is concerned, th� propasal is the most logical use of the site, and he would have to say he -favored it. Ho;vever, he is concerned, he said, about preempting actions of other bodies wt�o have taken a larger look at the wnole picture, such as the Metro�olitan Council ,� - . the City Council , the Legislature, etc. If no action is taken in the nex� si� ronths, he said, P�r. Speckmann can probab7y d�v�lop the property as propos�d. The variances were not granted. � � � Subr�itted b : Approved by: � �� Rick Wiederhorn Gladys Morton, Chairman � �'B'iIr� SOUTHWEST AR�A DISTRICT COUNCIL ,; �.,,, _ _ ._ _ �-� � � r4.' i :• �! 'i • « , � �"�S'k�4T� HOWRRD GUTHMAI�N �2�CHAl2f�4f1: MIKE MC?EAGUE ��Y `tfSfRATfVc SECREfARY•COMMUfiIN C+tCAi IIZER:GRYLE W. SUMMERS ,.t � � 3 �" � Gladys Morton, Chairman St. Paul Board of Zoning Appeals 1101 City Hall Annex St. Paul, i4inn. 55102 Dear Ms. Marton, `1�e Southwest Area District Council, after hea.ring discussion, voted to support the staff recommendation for granting the variances needed to construct the hi-rise condominium pro�ect west of the intersection of Elway and Shepard Road. Very Truly Yours -` ; � . ' ; - .. . ,� . -� - - . -- Howard Guthmann President 2258 GOODRICH AVEhUE, ST. PAUL, MInnESOTA 55105 (612)698-7973 �?��MPcv� � � *`'; . , . 8412 . ZONING STAFF REPORT . � � l . APPLICANT: JAMES H. SPECKMANN - uLEN TERRACE CONDOMINIUMS DATE OF HEARING 3-13-79 2• • • . . . . . . . . . . . . C L A S S I F I C A T I 0 N . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning ❑ Variance j� Special Condition Use ❑ Administrative Review [�` Determination of Similar Use ❑ Other Mississippi River � Change of honconforming Use ❑ Corri3or ritica Area Interim Other ❑ Development Regulations 3. LOCATION: West of Elway St./Shepard Rd. Intersection - District 15 4. LEGAL DESCRIPTION: See Attachment A Minn. Critical Area Interim 5. PRESENT ZOPdING: f�•3 ZONING CODE REFEREPJCE: �evelopment Regulations 6. STAFF INUESTIGATION & REPORT: DATE February 27, 1979 gy Rick Wiederhorn A. PURPOSE: The applicant wishes to construct a hi-rise condominium project (88 units -�- associated facilities). The proposal conforms to a71 local zoning requirements , but does not conform to the Interim Development Regulations temporarily imposed on the site by the State of Minnesota's Mississippi River Corridor Critical Area designation. The state authorizes the City to grant variances to state regulations according to local procedures. As proposed, the project would violate state standards of structure height and setback from the bluffline. 6. FRONTAGE & AREA: This is an irregularly shaped development parcel . Part of the site is on a steep bluff and not buildable. Major frontages are 682 ft. along Shepard Road and 434 ft. on the northwestern boundary with the 4Jebb Company. The bluffline parallels the Shepard Road frontage for approxi.mately 420 ft. C. VARIANCE: At this location, the Interim Development Regulations require: 1 ) a maximum structure height of 35 ft. ; and 2) a 40 ft. setback from the bluffline. The applicant is requesting: 1 ) a 160 ft. variance of height restrictions, to allow for a building 195 ft. high; and 2) a 20 ft. variance of the bluff setback, to allow for the structure 20 ft. from the bluf-f. D. SITE/AREA CONGITIONS: The site is presently vacant. It is accessible by Elway Street, Glen Terrace Ave. , and a service road presently serving Webb Company. The area surrounding the site has a mixture of uses in stable condition. Significant features of the area include the Montreal Pu�lic f�ousing Hi-Rise (across Elway Street} ; �r�e s-ingle family residential neighborhood known as Kipp's Glen {immediately northwest of the site) ; the Webb Company facilities (adjacent to the site southwest) ; and the magnificant view from the site south of the Mississippi River Valley. E. RELEVANT PLANS: The Interim Development Regulations, though very restrictive, are temporary until the State approves adjustments in St. Paul 's Zoning Ordinance to control environmental quality in the Critical Area. The Mississippi River Corridor Plan, recently approved by the Planning Commission and City Council , is the basis for such adjustments, and is currently being reviewed by the Metropolitan Council . The River Corridor P1an identifies this site as being appropriate for the type of development proposed by the applicant. Although this plan has not yet been approved by the State, we do not anticipate to adjust the Zoning Ordinance at this location. Once the plan is approved by the State, the existing temporary regulations would not apply. � F. FINDINGS: 1 . The variance re�aest ;s base� on ttie unique physical location of the site within the Critical Area. Without the Critical Area designation, the variance would be unnecessary. 2. The development conforms with the intent of Crit��:al Area planning efforts undertaken by the City and the State. Although economic gain would result from this variance, it would primarily encourage the type of new develo�ment desired by the City. 3. The applicant has taken all feasible actions to attempt to meet the strict enforcement of state and local standards. Strict enforcement of setback, height and line-of-sight restrictions would incur exceptional practical difficulties as distinquished from inconvenience in developing the site. � JA�iES H. SPECK�1ANPJ - GLEN TERRACE CONDOt�INIUf•1S STAFF REPORT PAGE TlJO F. FIfdDINGS (cont'd) : 4. The variance would not allouJ a use that is incompatible to the land use district in wnich it is located. It �•�ill not alter the essential character of the immediate comrnunity, and can be granted without substantial detriment to the community or it's neighbors. G. STAFF RECOMh1EPJDATIOPJ: Based on the findings above, Staff recommends approval of the variances requested. .... ._ _ _ __ . ... . . - -- ---�-_ _ ,.. . .. . _. . .. __y. .� _. .,..v: ' —-- _ —----—---- — - _ _ ._..____—_�_ �_ _ � _.. .Y ' _._...._..___—.-------- —� �� .',t ...:.:......d..-�—...� �. �. .c {' � � i f.,_ ,_.,p..,.,;,.,_ w . ,,.. . a � � � � O t� � _....._ - . . . t-_ . .,: �; ?� o b , � � o o ►� � . � " ' .• � 'r•y •` � t � � I 1 � � `� -- - { • � . . � � ��.-.� --� ,- •Q,S, _____i__, r � i i � : . �- . , � � � �: ,�;� �-, . ,e - �; �� - O ,� :i � . _ l..�� „ � ,} �ry ,;.�.� q �; � r•. _ ' � r� , . . ` _ O ` Q � �rl 1 , � - ". - . f:% r � U ''' Q f�j O � � . � � '•i I �'. �,f. , , 'r�-` . . , t.:� p� �� I !. . ,r O + � �.- ,. , �. r ` � � . �� (�� ` . - _ ` \ �� \` `` I Y 1 0 � ,/ � � � � t 1 t � �. : f,;. t. t� �%� ♦ � � � � I � �. 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" �''' �.'' �� X � �-" � �: .� � � X�\ .-� ,�,''' � y �3 =� � �, � •,,, � 6` Lp \ �-" � �'',:,� 1�''� �'"� �C' e' � G� t�'�� ` �,�' �� . �� `^t' � �• � -� �' =� � �; ` �� , �,. � ��. � 4.�:, _ � . , ,. � � � � �, � � � . � .�� ,�� : �f �- , � ,;, �� c, �,e �, ��' .�• �' ��:` ,� � , � �, ��,,� �� .- E � �, � 1� r. .� 4 � .... r:' � . � i',I � �� " • C�.1. �� !='h 1Y) ., �:� ,. AR�A �lAP _ APPLlCQ�iT �'�� . �1��'��►� LE�END -- ""'- zO�IiNG Di$TRICT 8flUN0ARY --C-C�_�� CO��l0a5 -- PURPOSE V!�A►��E ��►N• C.K1TIt��- eLl1� SUBJE�T PROPERTY O ONE FAMI�Y P��!vr�E�G �� f�.��__�_1��. DiS�R(CT ¢ T Y9r'4 Ftk M f Ll�' I'S F iLE N0. d$IZ � t��TE !'S ,�1A�,�-�, ;`�'3� _M._ �� -TfPLE FAMiLY , '� � n COl�1MERClAL SCALE � t"= 200� � NORTN � �°' '� �NDUSTRIAL n�AP n�o. S�INT PAUL P!ANN{NG SOARO V VACANT � � �—_.— � � ��► ,s�l �.+�z� �:�� , 8412 ` ' , ZONIi��G STAFF REPORT � . 1 . APPLICA�JT: JAMES H. SPECK��ANN - ULEN TERRACE CO��DOMINIUMS DATE OF HEARING 3-13-79 2. . . . . . . . . . . . . . . C L A S S I F I C A T I 0 N . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARQ Of ZONING APPEALS Rezoning ❑ Variance � Special Condition Use ❑ Administrative Review Determination of Similar Us�e ❑ Other Mississippi River � Change of Nonconforming Use}' ❑ Corri ocTr Critica Area Interim Other_ ❑ Development Regulations 3. LOCATIO�d: West of Elway St./Shepard Rd. Intersection - District 15 4. LEGAL DESCRIPTION: See Attachment A Minn. Critical Area Interim 5. PRESENT ZOPJING: 1�3 ZONING CODE REFERENCE: Development Regulations 6. STAFF INVES7IGATION & REPORT: DATE February 27, 1979 gY Rick Wiederhorn -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- A. PURPOSE: The applicant wishes to construct a hi-rise condominium project (88 units -�- associated facilities). The proposal conforms to all local zoning requirements, but does not conform to the Interim Development Regulations tempararily imposed on the site by the State of Minnesota's Mississippi River Corridor Critical Area designation. The state authorizes the City to grant variances to state regulations according to local procedures. As proposed, the project 4lould violate state standards of structure height and setback from the bluffline. B. FRONTAGE & AREA: This is an irregularly shaped development parcel . Part of the site is� on a steep biuff and not buildable. Major frontages are 682 ft. along Shepard Road and 434 ft. on the northwestern boundary with the 4Jebb Company. The bluffline parallels the Shepard Road frontage for approxi.mately 420 ft. C. VARIANCE: At this location, the Interim Development Regulations require: 1 ) a maximum structure height of 35 ft. ; and 2) a 40 ft. setback from the bluffline. The applicant is requesting: 1 ) a 160 ft. variance of height restrictions, to a11ow for a building 195 ft. high; and 2) a 20 ft. variance of the bluff setback, to allow for the structure 20 ft. from the bluff. D. SITE/AREA CONDI''IONS: The site is presently vacant. It is accessible by Elway Street, Glen Terrace Ave. , and a service road presently serving Webb Company. The area surrounding the site has a mixture of uses in stable condition. Significant features of the area include the Montreal Publ;c Hcusing Hi-P,ise (across Elv��ay St�•eet) ; the single family residential neighborhood known as Kipp's Glen (immediately northwest of the site) ; the Webb Company facilities (adjacent to the site southwest) ; and the magnificant vie�•� from the site south of the Mississippi River Valley. E. RELEUANT PLANS: The Interim Development Regulations, though very restrictive, are temporary until the State approves adjustments in St. Paul 's Zoning Ordinance to control environmental quality in the Critical Area. The Mississippi River Carridor Plan, recently approved by the Planning Commission and City Council , is the basis for such adjustments, and is currently being reviewed by the Metropolitan Council . The River Corridor Plan identifies this site as being appropriate for the type of development proposed by the applicant. Although this plan has not yet been approved by the State, we do not anticipate to adjust the Zoning Ordinance at this location. Once the plan is approved by the State, the existing temporary regulations would not apply. F. FINDINGS: 1 . The variance request is based an the unique physical location of the site u�ithin the Critical Area. Without the Critical Area designatior;, the t�ar;an�e wou�d be uni�ecessary. 2. The development conforms ti•�ith the intert of Crit��.al Area planning effarts undertaken by the City and the State. Although economic gain would result from this variance, it would primarily encourage the type of new development desired by the City. 3. The applicant has taken all feasible actions to atternpt to meet the strict enforcement of state and local standards. Strict enforcernent of setback, height and line-of-sight restrictions would incur exceptional practical difficulties as distinguished from inconvenience in developing the site. . JA�iES H. SPECK�1AP�fJ - GLEN TERRACE CO�JDO��I��IUf�1S STAFF REPORT PAGE T�JQ F. FIfJDINGS (cont'd) : � fr 4. The variance would not allow a use that is incompatibl� to the land use district in a�nich it is located. It �•lill not alter the essential character of the immediate community, and can be granted without substantial detriment to the cornmunity or it's neighbors. G. 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