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01-1081Council File # — �Q� � ORIGINAL Presented By Refened To RESOLUTION Crreen Sheet # 113 � '1't 1 . • ,�' . i , / Committee: Date 2 Whereas, Paul Stefanyshun made application to the Board of Zoning Appeals for a 3 variance from the strict applicarion of the provisions of the Saint Paul Zoning Code for property 4 located at 313 Harrison Avenue, and legally described as Whitacre Brisbine and Mullens 5 subdivision etc. Subj to Highway Lot 85 and Lot 86 for the purpose of constructing a new 6 detached garage in the rear yazd; and 8 Whereas, The Board of Zoning Appeals conducted a public hearing on June 25, 2001, 9 a8er having provided notice to affected properiy owners, and the Board, by its Resolution# Ol- 10 20769Q adopted June 25, 2001, decided to deny the application based on the following findings 11 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 and conclusions: 1. The property in question can be put to a reasonable use under the strict provisions of the code. The applicant currently has a 14 by 20-foot detached garage and a 10 by 12-foot storage shed in the reaz yard. He would like to construct a 30 by 43.5-foot garage and remove the garage and shed. The applicant states that he would like to buy a recreational vehicie some day and needs a place to pazk it. He also plans to buy a boat and may get married and would need room for his fixture spouse's vehicle. This is a lazge lot and it can accommodate a large garage. However, the proposed garage is nearly twice the size allowed by code and wouid be larger than the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single family home. A gazage this size would also be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print of the gazage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the land owner is not due to circumstances unique to this properry, and these circumstances were created by the land owner. There is nothing unique about this properiy, other than its size, that would justify an accessory structure of this size. The applicant states that he is planning for the future and has not demonstrated any existing hardship. o� \o�t 2 0 0 10 11 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 40 41 42 43 44 45 46 47 48 49 50 51 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and weZfare of the inhabitants of the Ciry of St Paul. Accessory structures for single family homes and duplexes are lunited to 1,000 square feet. The intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use does not doininate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story gazage is sufficient for most one and two family homes in an urban setting. 4. The proposed variance witl not impair an adequate supply of Zight and air to adjacent property, but will alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. The proposed gazage will meet all of the setback requirements but will exceed the height limitations. The applicant has submitted statements from the properiy owner of 314 Harrison, across the street and 309 Harrison abutting to the east, in support of the proposed vaziance. However, the sheer size of the proposed building is not in keeping with other accessory structures in the neighbarhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the character of this urban residential neighborhood. 5. The variance, ifgranted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected Zand is located, nor would it alter or change the zoning district classification of the property. Accessory buildings aze permitted in all zoning districts. Provided that the proposed building is not used for commercial purposes or as additional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. Whereas, Pursuant to the provisions of Section 64.205, Paul Stefanyshun duly filed with the City Clerk an appeal from the determination made by the Board of Zoning Appeals requesting that a hearing be held before the City Council for the purpose of considering the actions taken by the said Board; and Whereas, acting pursuant to Sections 64.205 through 64.208, and upon notice to affected parties a public hearing was duly conducted by the City Council on August 22, 2001, where all interested parties were given an opportunity to be heard; and Whereas, the Council, having heard the statements made, and hauing considered the variance application, the report of staff, the record, minutes and resolution of the Board of Zoning Appeals, does hereby � 2 3 4 5 6 7 8 9 10 v� �o�t Resolve, That the Councii of the City of Saint Paul does hereby uphold the Board of Zoning Appeals decision having found no error on the part of the said Board as to its facts, findings or procedures as set forth in their Resolurion No. O1-207690 and that the Councii hereby adopts the said findings set forth in Resolution No. O1-20690 as its own; and be it Further Resolved, That the appeal of Paul Stephanyshun be and is hereby denied; and, be it Finally Resolved, That the City Clerk shall mail a copy of this resolution to Paul Stephanyshun, the Zoning Administrator, Plauuing Commission and Board of Zoning Appeals. OR[GlNAL Requested by Department of: Adopted by Council: Date (�,c'�' �'7 appt t Adoption Certi£ied by Council Secretary By: _� � e# Approved by Mayor: Date By: Form Appr by City Attorney By: �]"� IJG�QR/Y`a� �� `c�( Approved by Mayor for Submission to Council � / � y '/�' � w. DEPARTMEMlOFPICFJCWNCIL DATEINRIA7ED "" ciiR couNCiL io/os/oi f; CONTACT PERSON & PHONE GREEN SHEET C)� 1C7�S1 No � 13677 •� TOTAL # OF SIGNATURE PAGES ov�umarmFC�art arvtau¢�. ❑ anproroEr � urcanuc ❑ wtwonta�son. ❑ nw�urtafnm�a.io ❑ w�roRUmsnwn ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Memorializing City Council action taken August 22, 2001, denying the appeal of Paul Stephanyshun of a Board of Zoning Appeal's decision Yo deny a vaxiance to construct a detached garage at 313 Harrison Avenue larger than the 1000 square foot maximum allowed and higher than the 15 foot maximum allowed. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION IFAPPROVED Has tli�s persoMBrtn exr xarked under a coMrad for thie depa�tmeM? YES NO tlasthis pe�soMrm erer heen a aty empbyee7 YES NO Does Ni6 0�� Ws�ss a Sfdll not nomWlYP� M' anY curtent CiIY emP�oYa-'? YES NO is m�s a��r� a �ere�a.�aarr vES rio COST/REVENUE BUOGEfED (CIRCLE ON� YES NO SOURCE ACTNITYNUMBER OFFICE OF THE CITY ATTORNEY Q` �, Clayton M Robinson, Jr., Ciry AKOrney � � CITY OF SAINT PAUL Norm Coleman, Mayor Civi1 Division 400 Ctry Hall IS Wert Kellogg Blvd. Saint Paul, Minnesot¢ 55102 Telephorse: 65I 266-8710 F¢csimile: 65l 298-5679 October 5, 2001 Nancy Anderson City Council Reseazch Office Room 310 City Ha11 Saint Paul, MN 55102 RE: Appeal of Paul Stephanyshun; City Council Action Date: 8-22-01 Dear Nancy: Attached please find a signed resolution memorializing the Council's decision to deny Mr. Stephanyshun appeal of a BZA decision following the Council's public hearing on August 22, 2001. Please place the matter on the Council's consent agenda at your earliest convenience. Sincerel , � i � :v �. L./l.�cY""�� Peter W. Warner City Attorney's Office o� to�l OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roger Curtis, Direc[or CITY OF SAINT PAUL Norm Coleman, M¢yor July 19, 2001 Ms. Nancy Anderson Ciry Council Research O�ce Room 310 Ciry Hall Saini Pau1, :vIN Ss1Q2 Dear Ms. Anderson: �u�. � � �Q� I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 22, 2001 for the following zoning case: Appellant: Paul Stephanyshun, 313 Harrison Avenue File Number: O1-207690 Purpose: Location: Appeal of a Boazd of Zoning Appeals decision denying a variance to construct a detached gazage larger than the 1000 square foot ma�cnnum allowed and higher than the 15 foot maximum allowed. 313 Harrison Avenue Staff : Recommended denial District�: No recommendation Board : Approved on a 6-1 vote I have confirmed this date with the office of Council Member Chris Coleman. My understanding is that this public heazing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9083 if you have any questions. Sincerely, ��'l - Jeff Hawkins Zoning Specialist cc: Council Member Coleman ` B(ITLDING7NSPEC770NAND Telephone:612-26b9001 DESIGN Facsimile: 612-2669099 350 St Peter Street Suite 3I0 Sainr Pau[, Minnesota 55102-I510 � R9gE��t'C�1 ��'tE±° •�ursTxmv � , iN'OTiCE OF PFBLIC HR.ARING � � ' 'Rie SatnY Paul Ctt}�Couna&w11 condnd_ a public hearmg on Wednesday, _Avgust 22, -� ?A01. at 5:30 p.m, in the Cify Counc�l Chambecs, 3rd F1oor City HaD; to conslda the appeal of Paul Stephariyshun regardivg fihe dedsion of the Board of Zoming APPeais de�g a vadance to construct"a detached Sarage7ag�'flian the 1000 square foot maX ' imum aIlowed and higher N�an 4he 15 foot maxtmum allowed af313 FIazri.son Ave[tue. Dated:JUly24,�2001 � " . �NANCYANDERSON Asslstant Ctty Coundl Secrefary ' � � . F7u1y 30)- . S1: PADL IEC.AL 18DGFdt — CITY OF SAINT PAUL Norra Coleman, Mayor July 19, 2001 Ms. Nancy Anderson City Council Research Office Room 310 City Aall Saint Paul, MN 55102 Dear Ms. Anderson: OFFICE OF LICENSE, INSPT CIONS AND ENVIRONMENTAL PROTE: ION � Roger Curtis, Director 0 �� d O y BUIIDINGINSPECI70NAND Telepkone:612-2669001 DESIGN Facsimi[e: 672-266-9099 350 St Peter Street Suite 3I0 Saint Paul, Minnesot¢ 55102-I510 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 22, 2001 for the following zoning case: Appellant: File Number: Purpose: Location: Staff : District�': Board : Paul Stephanyshun, 313 Harrison Avenue 01-207690 Appeal of a Board of Zoning Appeals decision denying a variance to construct a detached garage larger than the 1000 square foot maximum allowed and higher than the 15 foot maximum allowed. 313 Harrison Avenue Recommended denial No recommendation Approved on a 6-1 vote I have confirmed this date with the office of Council Member Chris Coleman. My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in ihe Saint Paul I,egal Ledger. Thanks! Please call me at 266-9083 if you have any questions. Sincerely, Jeff Hawkins Zoning Specialist cc: Council Member Coleman ; APPLICATION FOR APPEAL Departn:ent ojPlanning and Economic Development Zoning Section II00 City Ha!! Annez 25 if'est Fourth Street Saint Paul, M11' S5102 266-6589 APPELLANT >:.�Oitiit�$.�R'�3�� !I ? �ile no � ;FQe�� 's�siative hearir� i . OTtE�jt � -� . : . �� t8: Address S�/� f�a-rri'Son. Av� City .S� P�G St�/7 Zip SS/Da Daytime phoneGs�" PROPERTY Zoning File LOCATION . .. .. TYPE OF APPEAL: Application is hereby made for an appeal to the: L Board of Zon+ng Appeals City Council under the provisions of Chapter 64, 5ection ��asgraph ef th� Zoning Code to appeal a decision made by the on ��i� at� . (date of decisionJ File number: GROUNDS FOR APPEAl: Explain why you feel there has been an error in any requirement, permit. decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the 8oard of Zoning App eals or the Planning Commission. Attach additional sheet if ApplicanYs Date r `' -G City agent o\-i0�61 z_s-o�_. .. --- , - T 7/� �o.-rd O{ Zovr.'v> q QpQ�o-./S_ _ J // . :� RGVL .S'fG�n..nyS�,yti a.� m,p0 3.-/�n0. f/.G '�Gi.fi OJ.. _" __ i i // �f 'rno-oe' on G r��d ✓ �`�e r�.:-r�r vo-.-.a.nce - -1'�or f�e qo-�o..q�� c�f .�/_i f/a..r� Avc S�./��wG�-�7'J/2--- I c/ �/ --- lS.S/0�2. � 7L�c -S�o.�'f' re�a�7�__�,�.aS :�,�� cofi�/ef��.. i __�____..jl'CV/.feGf ��oIT-_f�iG /It�f'ib.-� �'C/�Dr� or �Po-rii��OI�—_' - I � —______..i li' // ^O�. 1 f .Sfi// �io-S /3u..c�C o� f/.r. San-. w or�i : �_ q �� J ----.- --Iw...S�_ f'�ie oriqi�so-L r��e•'f. 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Yc? ori i f - ----- ------ ------- - e . ;� BOARD OF ZONING APPEALS STAFF REPORT TYPE OF APPLICATIOIV: Minor Variance FILE #: O1-207690 APPLICANT: HEARING DATE: LOCATION: LEGAL DESCRIPTION PLANNING DISTRICT: PRESENT ZONING: REPORT DATE: PAUL STEFANYSHUN June 25, 2001 313 HARRISON AVENUE WHITACRE BRISBINE AND MI II,LENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 AND LOT 86 0 RT-2 June 4, 2001 DEADLINE FOR ACTION: August 13, 2001 ZONING CODE 12EFERENCE: 62.106 $Y: John Hazdwick DATE RECEIVED: June 13, 2001 A. PURPOSE: Two variances in order to construct a new detached gara�e in the reaz yazd. The maximum allowable size for a detached garage is 1,000 squaze feet. The proposed size is 1,305 square feet, for a vatiance of 305 square feet. The maximum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. B. SITE AND AREA CONDITIONS: This is a 100 by 123-£oot parcel with alley access at the reaz to a detached garage and a surface parking azea. �f fIT f fiT:7 rF.1 iTi lrl.Y:� U � Y(:ii � �w.7 t� iy � i � r.. �. wti:i: C. BACKGROUND: In 1991 the applicant constructed a concrete slab in the reaz yard and has been using it for surface parking. He would now like to construct a 42 by 43-foot gazage on the sIab. The applicant fias submitted revised plans for his proposed garage. He has proposed a smaller footprint (30 by 43.5 feet) but has now requested a height variance. _ D. FINDINGS: The property in question can be put to a reasonable use under the strict provisions of the code. Page I oC 3 o�-�o�l File #O1-207690 Staff Report The applicant currently has a 14 by 20-foot detached gara�e and a 10 by 12-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot garage and remove the garage and shed. The applicant states that he would like to buy a recreational vehicle some day and needs a place to park it. He also plans to buy a boat and may get married and would need room for his future spouse's vehicle. This is a large lot and it can accommodate a lazge gazage. However, the proposed garage is nearly twice the size allowed by code and would be larger than the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single family home. A garage this size would also be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print of the garage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the land owner is not due to circumstances unique to this property, and these circumstances were created by the land owner. There is nothing unique about this property, other than its size, that would justify an accessory structure of this size. The applicant states that he is planning for the future and has not demonstrated any existing hardship. 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. Accessory structures for single family homes and duplexes are limited to 1,000 square feet. The Intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use does not dominate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story garage is sufficient for most one and two family homes in an urban setting. 4. The proposed variance wi11 not impair an adequate supply of Zight and air to adjacent proper•ty, but will alter the essential character of the surrounding area or unreasonably diminish established properry values within the surrounding area. The proposed garage will meet all of the setback requirements but will exceed the heigkt limitations. The applicant has submitted statements from the property owner of 314 Harrison, across the street and 309 Harrison abutting to the east, in support of the proposed variance. Page 2 of 3 File #01-207690 Staff Report However, the sheer size of the proposed buiiding is not in keeping with other accessory structures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the character of this urban residential neighborhood. 5. The variance, ifgranted, would nat permit any use that is not permitted under the provisions of the code for theproperty in the district where the affected land is Zocated, noY would it alter or change the zoning district classifzcation of the property. Accessory buildings are permitted in all zoning districts. Provided that the proposed building is not used for commercial putposes or as addifional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. E. DISTRICT COUNCIL RECOMMENDATION: As of the date of this report, we have not received a recommendation from District 9. F. STAFF RECOMMENDATION: Based on findings 1 through 4, staff recommends denial of the varfance. Page 3 of 3 APPLICATION FOR ZONING VARIANCE OFFICE OF LICENSE, INSPECTIONS, AND ENVIRONMENTAL PROTECTION 350 SL Peter Street, Suite 300 Saznt PauI,1KN SSIO2-I510 651-266-9008 APPLfCANT PROPERTY Address 'S /3 f�.zr�.�Soi. AYP City Sf �Q,u./ State�n Zip SS1 �o2Daytime Phone GS /'� p� Property interest of appficant (owner, contract purchaser, etc.) �tNnBr Name of owner (if different) Address/Location �/? f/,A.rri f�,r AuP Lot size Present Zoning�"f'resent Use ��" � S Proposed Use O�i ✓a..fe_ , bn,_ ae...f � l/ G�z-r S fru.� i Legaf description (attach additional sheet ifnecessary) � i n �j /� �o.rhi 1. Variance(s) requested: 2. What physical characteristics of the property prevent its being used for any of the permitted uses in your zone? (topography, size and shape of lot, soil conditions, etc.) ` 7.� r�--if�c. �,e.�9-- i-",�-. 3. Explain how fhe strict application of the provisions of the Zoning Ordinance would result in peculiar or exceptional practiral difficulties or exceptional undue hardships. s ,y� tY '�-act....�- CASHIERS USE ONIY 4. Explain how the granting of a variance will not be a substantial detriment to the public good or a substantiai impairment of the intent and purpose of the Zoning Ordinance. r (� - � �.� � ��,.,�.�- sheets if ApplicanYs ��, � �' , �-�9 -� � z� Date � - C�/� JUN-13 09-42 RM ' � ' ��_ d� w � U , u, C -t-• � p � � �_ 5� �. 4 � � > c� � � S �G . 7 .,:.; - � �� n n O � � � �•�, � , {r-�r :�.,, . • � �� N P_01 U � > � � � � � � � �-' S l C .� � JUN-13-2001 10�44 gsi P.01 JUN-1e-01 09:45 AM � �_._ .. .._.. i j , � p I O1 I i i I ' I . � I � ' I ' i o i � '." � � � � i ' � �a � ! i � I i i I ,. � , . � i � i � [V r � :, � � 30'1 ,.... - --... _ _.. � 12' sidewalis P_02 _ y C�1—\� � - --.. _ ..._ _. .. . _.� I I i 'f � � I I I i ' � � � � � I , i i � � I I I j ; � I � � i i b, � , ! � ' , � ' , � � �, . i ; Garage an existing slab i° � �ii �, � + � i ; �, � i i i i i f � { : V i � �. i � ; f � � , : � � �� i � i � � , ; i � , � i ' i ; i - t � j i i � � I � I � � � � _��. i .�. _ :i , , ; � � , � --- � � _ -_-_ _ , � � � � , -- � - -- - - ---__- - - - �-------. . . � F 2°� -- 22'70"4 - 4�g"4 a � ' 30'1 JUN-13-2001 10-44 95� P.02 JUN-73-01 09-4^o RM �^ \ 1 � :o!= ::. 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Johnson owner of 309 Hazrison Ave and 310 Harrison Ave St.Paui, Mn. 55102 give permission for Paul Stefanyshyn at 313 Harrison Ave St.Paul, Mn. 55102 for the neighbor next door to build a new garage with specks about 45 by 50, and 18-20 height. If�ny questions piease�contact me at my office number, 651-225-4455 or my mobel number . r1. K;:THY LYNN KLINGIE , y NO7ARYPUBUC-MINNESOTA ' . �� "�X RES AN 91�2(b5 FWiG> � � � ; :� �� `� .. � S-IS-2001 I Steve R. Johnson owner of 314 Harrison Ave St.Paul, Mn. 55102 give permission for Paul Stefanyshyn at 313 Harrison Ave St.Paut, Mn_ 55102 for the neighbor next door to build a new garage with specks about 45 by 50, and 2 8-20 height. If any questions please contact me at my office number, 651-225-4455 or my mobel number 651-276-2674. Steve R. Johnson �/�� No ' KATHY LYNN KUNG�E NOTARY PUBUC - MIPAJE$pTA MY COMMISSpN 'ay' EXPIRES JAN 31, 200$ U\ �C�g 1 PROPERTY WITHIN 100 FEET OF PARCEL: 313 HARRISON AVENUE z� ! N PREPARED 1BYe L! EP 2. SUNRAY-BATTLECREEK-HIGHWOOD 2. HAZEL PARK HADEN-PROSPERITY HILLCREST 3. WEST SIDE - 4. DAYTON'S BLUFF 5. PAYh'E-PHALEN 6. NORTH END 7, THOMAS-DAI,E 8. SUMMIT-UNIVERSITY 9. WEST SEVEN"t'H 10. COMO il. HAMLINE-MIDWAY 12. ST. ANT�HONY PARK 13. MERRIAM PARK-LEXING'fON HAMI:INE-SNELLING HAMLINE 14. MACALBSTER GROVEI.AND 15. HIGFiLAND 16. SUMMIT HILL 17. DOWNTOWN �� .� ��-26�1� d i CTITZEN PARTICIPATION PIANNING DISTRICTS o� 1� i CITY OF SAINT PAUL BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMSER: # oi-2o�690 DATE: 7une 25, 200� WHEREAS, Paui Stefanyshun has applied for a variance from the strict application of the provisions of Section 62.106 of the Saint Paul Legislative Code pertaining to the construction of new detached garage in the RT-2 zoning district at 313 Harrison Avenue; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on 7une 25, 2001 pursuant to said appeal in accordance with the requirements of Section 64.205 of the Legislative Code; and WHER£AS, the Saint Paul Boazd of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes, made the following findings of fact: !. The property in question can be put to a reasonable use under the strict provisions of the code. The applicant cunently has a 14 by 20-foot detached garage and a 10 by 12-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot garage and remove the garage and shed. The applicant states that he would like to buy a recreational vehicle some day and needs a place to park it. He also plans to buy a boat and may get married and would need room for his future spouse's vehicle. This is a large lot and it can accommodate a large garage. However, the proposed gazage is nearly huice the size allowed by code and would be ]arger than the house. A 24 feet by 40-foot garage would be pernutted without a variance and would seem to provide enough space for a single family home. A garage this size would aiso be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print of the garage. However, the size of the garage and the additional storage azea is excessive for a single family home. 2. The plight of the Zand owner is not due to circumstances unique to this property, and these circumstances were created 6y ihe land owner. There is nothing unique about this property, other than its size, that would justify an accessory structure of this size. The applicant states that he is planning for the future and has not demonstrated any existing hardship. 3. The proposed variance is noi in keeping with the spirif artd intent of the code, and is rzof consistent with the health, safety, comfort, morals and weZfare of the inhabitants of the City of St. Paul. Accessory strucrizres for single family homes and duplexes are limited to 1,000 squaze feet. The intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use does not dominate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story garage is sufficient for most one and two family homes in an urban setting. Page 1 of ? File #01-207690 Resolution 4. 7'he proposed variance will not impair an adequate supply of light and air to adjacent property, but will alter the essential character of the surrounding area or unreasonabZy diminish established property values within the surrounding area. The proposed garage will meet all of the setback requirements but will exceed the height limitations. The applicant has submitted statements from the property owner of 314 Harrison, across the street and 309 Harrison abutting to the east, in support of the proposed variance. However, the sheer size of the proposed building is not in keeping with other accessory struciures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed vaziance would change the character of this wban residential neighborhood. S. The variance, if granted, wou[d not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. Accessory buildings aze permitted in all zoning districts. Provided that the proposed building is not used for commercial purpases or as additional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the vaZue or income potential of the parcel of land. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the request to waive the provisions of Section 62.105 In order to cons�uct a 1,305 squaze foot garage SE HEREBY DEIVIED on property located at 313 Harrison Avenue; and legally described as Wf1ITACRE BRISBINE AA'D MULLENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 AND LOT 86; in accordance with the application for variance and the site plan on file with the Zoniag Adminisirator. MOVED BY: Morton SECONDED BY Faricy IN FAVOR: 6 AGAINST: i MAILED: 3une 26, 2001 Page 2 of 3 o� �� 1 File #01-207690 Resolution TIME LIlVIIT: No order of the Board of Zoning Appeals permitting the erection or alteration of a bvilding or off-street parking facility shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding pursuant to the terms of such permit. The Board of Zoning Appeals or the City Council may grant an extension not to exceed one year. In granting such extension, the Board of Zoning Appeals may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council within 15 days by anyone affected by the decision. Building permits shall not be issued after an appeal has been Gled. Tf permits have been issued before an appeal has been Fled, then the permits are suspended and construction shall cease until the City Council has made a final determination of the appeal. CERTIFICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint Paul, Minnesota, do hereby certify that T have compared the foregoing copy with the original record in my office; and £nd the same to be a true and correct copy of said original and of the whole thereof, as based on approved minntes of the Saint Paul Board of Zoning Appeals meeting held on June 25, 2001 and on record in the Office of License Inspection and Environmental Protection, 350 St. Peter Street, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZONING APPEALS Debbie Crippen Secretary to the Board Page 3 of 3 MINUTES OP THE MEETING OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE I1, 2001 PRESENT: Mmes. Maddox, and Morton; Messrs. Faric}�, Galles, Kleindl , and Wilson of the Board of 2oning Appeals; Mr. Warner, Assistant Ciry At[orney; Mr. Hardtivick and Ms, Crippen of the Office of License, Inspection, and Environmental Protection. ABSENT: Jon Duckstad, Vince Courmey* "Excusec3 The meeting was chaired by 7oyce Maddox, Chair. Paul Stefanvshun (#O1-2076901 313 Harrison Avenue: A variance in order to construct a new detached garage in the rear yard. The maximum altowable size for a detached garage is 1,000 square feet, the proposed size is 1,806 square feet, for a variance of 806 square feet. Mr. Hard�vick showed slides of dze site and reviewed the staff report with a recommendation for denial citing findings 1-4. No correspondence received in opposition to the variance reouest. No correspondence was received in opposition ro the variance from District 9. The applicant PAUL STEFANYSHUN, 313 Harrison Acenue, was present. There was no opposition present at the hearing. Mr. Stefanyshvn siated that he had dzcided on a smaller garage of thirry by forty-three feet. Ms. Morton questioned if the garage would sti11 be tar�er than the house. Mr. Stefanyshun stated that the house measured twenty-si� by forty-six feet. He stated that the house is three storizs and would still be larger than the garage. Mr. Stefanyshun stated that his neiahbors had not objected to the lazger oarage. r. a es quesnone _ � � been applied for. Mr. Hard�vick stated that they could lay the cas: o��er for two weeks niving staff time to renotify the neighbors of the revised request. h4r. �1'ilson moved to continne the matter for two «�eeks un�il ]une 25, 2001. Mr. Faricy seconded the motion, which passed on a voice �oce of 6-0. Submitted by' � � John Hard�vick Approved by: �-� ��G!�%12�2�� lon Duckstad, Secretary O\ MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE 25, 2001 Continued from June II, 200I PRESENT: Mmes. Maddox, Morton, and Otteson; Messrs. Duckstad, Faricy, Kleindl, and Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant Ciry Attorney; Mr. Hardwick and Ms. Crippen of the Office of License, Inspection, and Environmental Protection. ABSENT: Vincent Courtney, Dan Galles " *Excused The meeting was chaired by Joyce Maddox, Chair. Paul SteFanvshun t#O1-2076901 313 Harrison Avenue: Two variances in order to construct a new detached garage in the rear yard. The maximum allowable size for a detached garage is 1,000 square feet, the proposed size is 1,305 square feet, for a variance of 305 square feet. The maximum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for denial citing findings 1-4. No correspondence was received in opposition to the variance request. No correspondence was received in opposition to the variance from District 9. The applicant PAUL STEFANYSHUN, 313 Harrison Avenue, was present. There was no opposition present atthe hearing. Ms. �tteson questioned what type of work Mr. Stefanyshun did and whether he would be doing any work out of his garage. Mr. Stefanyshun stated he would not be working out of his garage. He stated the garage would be for personal property. Mr. Stefanyshun stated that he drives truck for a road construc[ion company. Mr. Stefanyshun stated that he was planning to buy a Recreational Vehicle, he stated a desire to purchase a boat sometime in the future, he wants to build a garage that would accommodate both. He stated that being it snowed six months of the year. It would be nice to have some extra storage area. Hearing no further testimony, Ms. Maddox closed the public portion of the meeting. Ms. Morton moved to deny the variance and resolution based on findings 1 through 4. Mr. Faricy seconded the motion, which passed on a roll call vote of 6-1(Kleindl). Submitted by: Approved by: John Hardwick Jon Duckstad, Secretary OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Rnger Curtis, Director 0` ,��, LJ � . CITY OF SAINT PAUL Norm Coleman, Mayor July 19, 2001 Ms. Nancy Anderson City Council Research Office Room 310 Ciry Hail Saint Paul, MN 55102 Dear Ms. Anderson: B UIL DING INSPECTTON AND DESIGN 350 S[ PMer Street Suite 310 SaintPaul, Minnesota 55102-]SIO Telephone: 6I2-266-9001 Facsimile: 612-266-9099 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 22, 2001 for the following zoning case: Appellant: Paul Stephanyshun, 313 Harrison Avenue File Number: O1-207690 Purpose: Location; Staff : District� Board : Appeal of a Board of Zoning Appeals decision denying a variance to construct a detached garage larger than the 1000 square foot maximum allowed and higher than the 15 foot maximum allowed. 313 Harrison Avenue Recommended denial No recommendation Approved on a 6-1 vote I have confirtned this date with the office of Council Member Chris Coleman. My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that yoa will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9083 if you have any questions. Sincerely, Jeff Hawkins Zoning Specialist cc: Council Member Coleman , � APPLICATlON FOR APPEAL Department of Planning and Economic Development Zoning Section ll DO City Hall Anner 25 W'est Fourth Street Sain1 Paul, MN SSIO2 266-6589 APPELLANT � File nn �';r�C . Fse °. r � �. `;::T�ntative hearing`�IatQ; � Address f' Av� City _S� /�', St�/9 Zip SSiO� Daytime phoneGS�� PROPERTY Zoning File LOCATION . .. . TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeais City Council under the provisions of Chapter 64, Secfion ��ara a3iBj�~ cf the _7o�ing Gode to appeal a d�e made by the on , 1 ��3�Q.. c� , (date of decision) File number. 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' � _ OYe.r � _ _ --', --__- � � �� . � o� �c'�1 ; � ------.--- —Tfi, S .• s__a� _f.l.ac __sror _fio.�rz__�,.-.t.C-°' ---'2..'�z_S_?�'�-- —c._pc-r�Y!!t�"._�.6:-v_%�.i�q--ji�xt_fo if.._�'f__wo.'.,• � .// -_—`- __"_ ' __ "./.7�?'Ce_NiR./��iitC)_ _o�__.GjcQ/_'�G_��X_y.�__%J��.HO� f�iG_ �o.�.f'.. ✓ (J ----� Z�e__.5la� ._iJ _,a.Ircad7_,(��.er� �_�ii. �/_a.c�_� �,� ? . � ____ �R' Oh/? __' _" __ __ —_`_____ '----`-_ ' _ � � � � \ � ,^ ___ .1 N \ BOARD OF ZONING APPEALS STAFF REPORT � � TYPE OF APPLICATION: Minor Variance APPLICANT: HEAI2ING DATE: LOCATION: LEGAL DESCRIPTION PLANNING DISTRICT: PRESENT ZONING: REPORT DATE: PAUL STEFANYSHLJN June 25, 2001 313 IIARRISON AVENLTE FILE #:O1-207690 WHITACRE BRISBINE AND MULLENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 t1ND LOT 86 RT-2 June 4, 2001 DEADLINE FOR ACTION: August 13, 2001 BY: John Hazdwick DATE RECEIVED: June 13, 2001 . � PURPOSE: Two variances in order to construct a new detached garage in the rear yazd. The maximum allowable size for a detached garage is 1,000 squaze feet. The proposed size is 1,305 square feet, for a variance of 305 square feet. The masimum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. SITE AND AREA CONAITIONS: This is a 100 by 123-foot parcel with alley access at the rear to a detached garage and a surface parking azea. uffoun ing an se: ixe re � . C. BACKGROUND: In 1991 the applicant constructed a concrete slab in the rear yazd and has been nsing it for surface pazking. He would now like to construct a 42 by 43-foot gaza�e on the slab. The applicant has submitted revised plans for his proposed garage. He has proposed a smaller footprint (30 by 43.5 feet) but has now requested a height variance. D. FIINDINGS: 1. The property in question can be put to a reasonable use under the strict provisions of the code. ZONING CODE REF'ERENCE: 62106 • Pa�e 1 of 3 o� �o� � • File #01-207690 Staff Report The applicant currently has a 14 by 20-foot detached gazage and a 10 by 12-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot garage and remove tt�e garage and shed. The applicant states that he would like to buy a recreational vehicle some day and needs a place to pazk it. He also plans to buy a boat and may get married and would need room for his future spouse's vehicle. This is a lazge lot and it can accommodate a large garage. However, the proposed gazage is nearly twice the size allowed by code and would be larger than the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single family home. A garage this size would also be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print o£ the garage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the land owner is not due to circumstances unique to this property, and these circumstances were created by the land owner. There is nothing imique about this property, other than its size, that would justify an � accessory structure of this size. The applicant states that he is planning for the fuhzre and has not demonstrated any existing hardship. 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. _ Accessory structures for single family homes and duplexes are limited to 1,000 square feet. The intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use.does not dominate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story garage is sufficient for most one and two family homes in an urban setting. 4. The proposed variance wi11 not impair an adequate supply of light and air to adjacent property, but will alter the essential character of the surrounding area or unreasonably diminish established property values within the sa�rrounding area. The proposed garage will meet all of the setback requirements but will exceed the height limitations. The applicant has submitted statements from the property owner of 314 Harrison, across � the street and 309 Hamson abutting to the east, in support of the proposed variance. Page 2 of 3 File #O1-207690 Staff Report However, the sheer size of the proposed building is not in keeping with other accessory structures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the chuacter of this urban residential neighborhood. S. The variance, ifgranted, would not permit any use that is not permitted under ihe provisions of the code for the property in the district where the affected Zand is Zocated, nor would it alter or change the zoning district classification of the property. Accessory buildings aze perxnitted in all zoning districts. Provided that the proposed building is not used for commercial purposes or as additional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. � E. DISTRICT COUNCIL RECOMMENDATION: As of the date of this report, we have not + received a recommendation from District 9. ! F. STAFF RECOMMENDATION: Based on findings 1 through 4, staff recommends denial of the variance. � Page 3 of 3 � APPLlCATION FOR ZONING VARIANCE OFFICE OF LICENSE, INSPBCTIDNS, �]ND ENVIRONMENTAL PItOTECTION 350 St Peter Street, Suite 300 Saint Paul, MN SSIO2-I SIO 65I-266-9008 APPLICANT � Address �/3� t'�ez,rr �Sc.n. AI/2 City S�� a.u✓ State�r Zip �.S%'Jo2Daytime Phone GS�'�� O�%1' Property interest of applicant (owner, co�tract purchaser, etc.)�1Nn� r Name of owner {if PROPERTY � Address/Location �/� t/�.rri�Si, �uP Legal description (attach additiona! sheet if necessary) -7r Lot size Present Zoning �� ``F'resent Cise �f" �� S ' Proposed Use Ql/� Tp f �7nR.�;�� Gci.✓ S f�'w� i inq/e, 1. Variance(s) requested: � 2. What physical characteristics of the property prevent its being used for any of the permitted uses in your zone? (topography, size and shape of lot, soil conditions, etc.) t � j.� �--�-I '' 3. Explain how the strict application of the provisions of the Zoning Ordinance would result in peculiar or exceptional practical difficulties or exceptional undue hardships. 5 � .N-�C� �. CASHtERS USE ONtY � sheets if �� /�� ' 5�,�� .� '� 4. Explain how the granting of a variance will not be a suhstantial detriment to the pubiic good or a substantial impairment of the intent and purpose of ihe Zoning Ordinance. � �� Applicant's z z. Date ,�= ,�' �� JUM-13 08:42 AM � '� ' -�__ W � W � � Y i �� \ � � V� � g �. � � � --< � �" � . � �;:. � , i. � i.{i�' 2 . . , .. �� O ��.:..:.:::. . : _..-M, - �. ��'•° .. {_;;; :.,, . � �\ N P-01 � � � � � � � � � � �0 . � � JUN-13-2001 10�44 95i P_01 JUN-SS-01 09:4e RM • 0 � i. 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'.� � ,... � . �.� , `\` \ N • � SUN-13-2H01 l9�44 95i P.03 • I { :_ � , / , • \ � i2 � � ( (-�y -�� J � ,1 � �� z � �- `� � '��r � r � C � � . � ,,� � d �'l�/� $� T -- � t � r �3 � �ICibi-1c� � �.�t8 i �� x y3- � `• _�� d•� � �� ------� : �. : � �x.s,,�,-� ; �, � e j � tyX2�� /fvi-� i i �.� 3 ; , ; � � -- �xio,� Sk<�S -� � i r � �- � j 3 i 3 (�A- IL2 i l o�' �%",u' ` � � ,. - . � ,� S � � �c�ri.. � S�,_ wc,:-.�d /i�� fo 6w.'/o' f,Cc �o-,-.r�� So �`/a-t � rh ti� vc. G�-io=y.L 5�:��c fn / �c=-./i o-.. R�� l�oa c.y,� �l ��-CX..t Go> S. �r �/?:�.y.r.q o-h r_c� v-r.c.' wc c..t0 / � /rcC �°o !i„�..vt_ S�� '�o.. �, �o-m.'�� o-/Sc 70 • �o-rfL i:. fL,G ��.,roye, 1 fi��•..c S.00Y...>�. i... fJctrSo�.. ✓ W.•f�. 17+� IJGi"q��iG'�f .5�,..-.-owefir`� -�� r� �JC�ic- ✓ P�l� f�i� �jRVG � O� 7 0 �. t�/e✓�,S ?.C� � l i�-v� r�c� C-,-dr � �:... %� �.Cc n c -.- � �, � C/ `� - - - - - -c�"oe,./t ; ylc !/ � � � �� a � ` s-is-2ooz O\—\0�1 I Kenneth G. Johnson owner of 309 Hazrison Ave and 310 Aarrison Ave St.Paul, Mv. 55102 give perntission for Paul Stefanyshyn at 3 i3 Harrison Ave St.Paul, Mn. SS id2 for the neighbor next door to build a new garage with specks about 45 by 50, and 18-20 height. If�ny questions please contact me at my office number, 651-225-4455 or my mobel number 65 -276-2674..1 � . K :THY LYNN KLINC�tE � r1 = �+OTPRYPUBllC-MIAMlESOTA �� MY COMMISSION � ;i*� �=XPIRES JAN. 31, 2005 -o � � � � . ,:, g :v , i ,, <i . � 5-15-2001 I Steve R. Johnson owner of 314 Hazrison Ave St.Paul, Mn. SS1Q2 give permission for Paul Stefanyshyn at 313 Harrison Ave St.Paul, Mn. 55102 for the neighbor ne� door to build a new garage with specks about 45 by 50, and 18-20 height. If any questions please contact me at my office number, 651-225-4455 or my mobel number 651-276-2b74. / �� /� �� / - - ' �' . , ' ��r��l �� . �,� i� � ' KATHY IYNN KLINGLE NOTARV W9IlC-MINNESOTA `� • MY COMMISSIpN � � � ` EXPIRES JAN 31, 20p5 � • � �i �� PROPERTY WITHtN 900 FEET OF PARCEL 3'13 HARRISON AVENUE �� , (973) 309 '� �I. i � D � � � � � � �� ( 251 ; � �_ . : � ; I_ ,` I I L � �i i i� � N PREPARED �Y: L! EP ;; ,� (40) c 299 r HARRISON � � 1. 2. a. S. 6. 7. 8. 9. 10. i i. 12. 13. 14. IS. 16. 17. SUNRAX-BATTT.ECREEK-HIGH WOOD HA7.EL PARK - ♦ILJ♦ Ul/.JY -� AAYTON'S BLUFF PAYNE-P�3ALEN NORTH END THOMAS-T3ALE SUMMIT-tTi3IVERSITY WEST SEVENT`�I COMO HAMLINE-MIDWAX ST. AN'ITIONX PAl2K MERRTAM PARK-LEXTI3GTON HAMLINE-SNELLING HAMLINE MACALESTER GROVELAND HIGFII.AND SUMMIT HILL � AOWI�ITOWN �z�� .� ��-�G�� d4 - CITIZEN PARTICIPATION PI.AI3NING DISTRICTS C» lCat�'1 , CITY OF SAINT PAUL BO�RD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER # O1-207fi90 DATE: 7�e 2s, 2001 WHEREAS, Paul Stefanyshun has applied for a variance from the strict application of the provisions of Section 62106 of the Saint Paul Legislative Code pertaining to the construction of new detached garage in the RT-2 zoning district at 313 Harrison Avenue; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on June 25, 2001 pursuant to said appeal in accordance with the requirements of Secrion 64.205 of the Legislative Code; and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantialiy reflected in the minutes, made the following findings of fact: 1. The property in question can be put zo a reasonable use under the strict provisions of the code. The applicant cunently has a 14 by ZO-foot detached garage and a 10 by I Z-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot gazage and remove the garage and shed. The � applicant states that he would like to buy a recreational vehicle some day and needs a place to park it. He also plans to buy a boat and may get mamed and would need room for his future spouse's vehicle. This is a large lot and it can accommodate a]azge gazage. However, the propased garage is nearly twice the size allowed by code and would be larger khan the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single , family home. A garage ihis size would also be more in keeping with the size of the house. The applicant is requesting a height variance in arder to have some additional storage area to make up for the smaller foot print of the garage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the Iand owner is noi due to circumstances unique to this properry, and these circumstances were created by the land owner. There is nothing unique about this property, other than its si2e, that would justify an accessory structure of this size. The applicant states fhaf he is planning for the future and has not demonstraYed any existing hardship. 3. The proposed variance is not in keeping with the spirit and intent of the code, and fs not consistent with the health, safety, comfort, morals and welfare af the inhabitanis of the City of St. Paul. Accessory siructures for single family homes and daplexes aze limited to 1,000 square feet. The intent of this ordinance is to keep the accessory shuctures reasonably proportionate to the house so thai the accessory use does not dominate the site. The proposed garage will still be lazger than the house and is noi in keeping with the inient of the code. A 1,000 square foot single story garage is � sufficient for most one and hvo family homes in an urban setting. Page 1 of 3 File #O1-207690 Resolution 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, but will alter the essential character of the surrounding area or unreasonably diminish established properry values within the surrounding area. The proposed garage wil] meet all of the setback requirements but will exceed the height limitafions. The applicant has submitted statements &om the property owner of 314 Aamson, acrass the street and 304 Aarrison abutting to the east, in support of the proposed variance. However, the sheer size of the proposed building is not in keeping with other accessory shuctures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the character of this urban residential neighborhood. 5. The variance, i}'granted, would not perrrzdt any use that is not permitted under the provisions of the code for the property in the district where the afjected Zand is located, nor would it alter ar change the zoning district classifzcation of the property. Accessory buildings are pemutted in a11 zoning districts. Provided that the proposed building is not used for commercial purQoses or as addifional living space, the proposed variance, if granted, will not change or alter the zoning classificafion of the property. � 6. The request for variance is not based primarily on a desire fo increase the value or income poteraial . of the parcel of land. NQW, THEREFORE, BE TT RESOLVED, by the Saint Paul Board of Zoning Appeals that the request to waive the provisions of Section 62.1Q6 In order to construct a 1,305 squaze foot garage BE HEREBY DENIED on properry located at 313 Harrison Avenue; and legally described as WHPCACRE BRISBINE AND MULLENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 ANU LOT 8•� with the application for variance and the site lam m�g ministrator. BY: 14iarton SECONDED BY. Faric IN FAVOR: s AGAINST: 1 MAILED: June 26, 2001 � Page 2 of 3 o� �0�1 � File #OI-207690 Resolution TINIE LIMI'C: No order of the Board of Zoning Appeals permitting the erection or alferation of a building or off-streef parking facility shalI be valid for a periad longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding pursuant to the terms of such permit. The Board of Zonina Appeals or the City Cauneil may grant an extension not to exceed one year. In granting such extension, the Board of Zoning Appeals may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council wifhin 15 days by anyone affected by the decision. Building permits shall not be issued after an appeal has been filed. If permits have been issued before an appeal has been filed, then the permits are suspended and construcfion shall cease until the Cify Council has made a final determination of the appeal. CERTIFICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint Paul, Minnesota, do hereby certify that I have compared the foregoing copy with the original record in my of5ce; and Snd the same to be a true and correcY copy of said original and of the whole thereof, as based on approved minutes of the Saint Yaul Board of Zoning Appeals meeting held on June Z5, . 2001 and on record in the Office of License Tnspection and Environmental Protection, 350 St. Peter Street, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZOIVING APPEALS Debbie Crippen Secretary to the Board � Page 3 of 3 MINUTES OF THE MEBTING OF THE BOARD OF ZONING APPEALS C1TY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE 11, 2001 PRESENT: Mmes. Maddox, and Morton; Messrs. Faricy, Ga13es, Kleindl , and Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant Ciry Attomey; Mr. Hardwick and Ms. Crippen of the Office of License, Inspection, and Environmental Protec[ion. ABSENT: Jon Duckstad, Vince Courtney* "Excused The meeting was chaired by Joyce Maddox, Chair. Pau] Stefanvsl�un (#O1-20769�) 313 Aarrison Avenue: A variance in order to construct a new detached garage in the rear yard. The maximum allo�rable size for a detached garage is 1,000 square feet, die proposed size is 1,806 square feet, for a variance of 806 square feet. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation fot denia] citing findings 1-4. No correspondence received in opposition to the variance request. No correspondence �vas received in oppositlon to the variancz from District 9. The applicant PAi3L STEFAi`TYSHUN, 313 Harrison A� enuz, was present. There �vas no opposition present at the hearing. Mr. Stefanyshun stated [ha[ he had dzcided on a smaller garage of thirty by forry-three feet. Ms. Morton questioned if the garage would still be larger than the house. Mr. Stefanyshun stated that the house measured twenty-sia by forty-six feet. He staeed [hat the house is three stories and would stiil be lareer than the gara,4,e. Mr. Stefanyshun stated that his neighbors had not objected to the lar e; garage. . a es ques[ioned whether they were now talking abou[ a different variance than what had been applied for. Mr. Hardwick stated that they could lay the case over-for nvo weeks giving staff time to renotify the neighbors of the revised request. Mc R`ilson moved to con�inue the matter for nvo Gveeks until 7une 25, 2001. Mr. Faricy seconded the motion, which passed on a voice voce of 6-0. �pproved by: �� GG��Z�d� Jon Duckstad, Secretary lJ . i O� �C�g I � � MINUTES OF THE MEETING OF TAE BOARD OF ZONIl�IG APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE 25, 2001 Continued from June 11, 200I PRESENT; Mmes. Maddox, Morton, and Otteson; Messrs. Duckstad, Faricy, Kleindl, and Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant Ciry Attorney; Mr. Aardwick and Ms. Crippen of the Office of License, Inspection, and Environmentat Protecdon. ABSENT: Vincent Courtney, Dan Galles * *Excused The meeting was chaired by Joyce Maddox, Chair. Paul Stefanyshun (fi01-2076901 313 Harrison Avenue: Two variances in order to construct a new detached garage in the rear yard. The maximum allowable size for a detached garage is 1,000 square feet, the pioposed size is 1,305 square feet, for a variance of 305 square feet. The maximum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for denial cicing findings 1-4. No correspondence was received in opposition to the variance request. No correspondence was received in opgosition to the variance from District 9. The applicant PAUL STEFANYSAUN, 313 Aarrison Avenue, was present. There was no opposition presentatthe hearing. '2vls. Otteson ques6oned what type of work Mr. Scefanyshun did and whether he would bE doing any work out of his garage. Mr. Stefanyshun stated he would not be working out of his gazage. I3e stated the garage would be for personai properry. Mr. Stefanyshun stated that he drives truck for a road construction company. Mr. Stefanyshun stated that he was planning to buy a Recreational Vehicle, he stated a desire to purchase a boat sometime in the future, he wants to build a garage that would accommodate both. He stated that being it snowed six months of the year. It would be nice to have some extra storage area. Hearing no further testimony, Ms. Maddox closed the public portion of the meeting. Ms. Morton moved to deny the variance and resolution based on findings 1 through 4. Mr. Faricy seconded the motion, which passed on a roll call vote of 6-1(Kleindl). Snbmitted by: Approved by: � John Hardwick Jon Duckstad, Secretary Council File # — �Q� � ORIGINAL Presented By Refened To RESOLUTION Crreen Sheet # 113 � '1't 1 . • ,�' . i , / Committee: Date 2 Whereas, Paul Stefanyshun made application to the Board of Zoning Appeals for a 3 variance from the strict applicarion of the provisions of the Saint Paul Zoning Code for property 4 located at 313 Harrison Avenue, and legally described as Whitacre Brisbine and Mullens 5 subdivision etc. Subj to Highway Lot 85 and Lot 86 for the purpose of constructing a new 6 detached garage in the rear yazd; and 8 Whereas, The Board of Zoning Appeals conducted a public hearing on June 25, 2001, 9 a8er having provided notice to affected properiy owners, and the Board, by its Resolution# Ol- 10 20769Q adopted June 25, 2001, decided to deny the application based on the following findings 11 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 and conclusions: 1. The property in question can be put to a reasonable use under the strict provisions of the code. The applicant currently has a 14 by 20-foot detached garage and a 10 by 12-foot storage shed in the reaz yard. He would like to construct a 30 by 43.5-foot garage and remove the garage and shed. The applicant states that he would like to buy a recreational vehicie some day and needs a place to pazk it. He also plans to buy a boat and may get married and would need room for his fixture spouse's vehicle. This is a lazge lot and it can accommodate a large garage. However, the proposed garage is nearly twice the size allowed by code and wouid be larger than the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single family home. A gazage this size would also be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print of the gazage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the land owner is not due to circumstances unique to this properry, and these circumstances were created by the land owner. There is nothing unique about this properiy, other than its size, that would justify an accessory structure of this size. The applicant states that he is planning for the future and has not demonstrated any existing hardship. o� \o�t 2 0 0 10 11 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 40 41 42 43 44 45 46 47 48 49 50 51 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and weZfare of the inhabitants of the Ciry of St Paul. Accessory structures for single family homes and duplexes are lunited to 1,000 square feet. The intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use does not doininate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story gazage is sufficient for most one and two family homes in an urban setting. 4. The proposed variance witl not impair an adequate supply of Zight and air to adjacent property, but will alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. The proposed gazage will meet all of the setback requirements but will exceed the height limitations. The applicant has submitted statements from the properiy owner of 314 Harrison, across the street and 309 Harrison abutting to the east, in support of the proposed vaziance. However, the sheer size of the proposed building is not in keeping with other accessory structures in the neighbarhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the character of this urban residential neighborhood. 5. The variance, ifgranted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected Zand is located, nor would it alter or change the zoning district classification of the property. Accessory buildings aze permitted in all zoning districts. Provided that the proposed building is not used for commercial purposes or as additional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. Whereas, Pursuant to the provisions of Section 64.205, Paul Stefanyshun duly filed with the City Clerk an appeal from the determination made by the Board of Zoning Appeals requesting that a hearing be held before the City Council for the purpose of considering the actions taken by the said Board; and Whereas, acting pursuant to Sections 64.205 through 64.208, and upon notice to affected parties a public hearing was duly conducted by the City Council on August 22, 2001, where all interested parties were given an opportunity to be heard; and Whereas, the Council, having heard the statements made, and hauing considered the variance application, the report of staff, the record, minutes and resolution of the Board of Zoning Appeals, does hereby � 2 3 4 5 6 7 8 9 10 v� �o�t Resolve, That the Councii of the City of Saint Paul does hereby uphold the Board of Zoning Appeals decision having found no error on the part of the said Board as to its facts, findings or procedures as set forth in their Resolurion No. O1-207690 and that the Councii hereby adopts the said findings set forth in Resolution No. O1-20690 as its own; and be it Further Resolved, That the appeal of Paul Stephanyshun be and is hereby denied; and, be it Finally Resolved, That the City Clerk shall mail a copy of this resolution to Paul Stephanyshun, the Zoning Administrator, Plauuing Commission and Board of Zoning Appeals. OR[GlNAL Requested by Department of: Adopted by Council: Date (�,c'�' �'7 appt t Adoption Certi£ied by Council Secretary By: _� � e# Approved by Mayor: Date By: Form Appr by City Attorney By: �]"� IJG�QR/Y`a� �� `c�( Approved by Mayor for Submission to Council � / � y '/�' � w. DEPARTMEMlOFPICFJCWNCIL DATEINRIA7ED "" ciiR couNCiL io/os/oi f; CONTACT PERSON & PHONE GREEN SHEET C)� 1C7�S1 No � 13677 •� TOTAL # OF SIGNATURE PAGES ov�umarmFC�art arvtau¢�. ❑ anproroEr � urcanuc ❑ wtwonta�son. ❑ nw�urtafnm�a.io ❑ w�roRUmsnwn ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Memorializing City Council action taken August 22, 2001, denying the appeal of Paul Stephanyshun of a Board of Zoning Appeal's decision Yo deny a vaxiance to construct a detached garage at 313 Harrison Avenue larger than the 1000 square foot maximum allowed and higher than the 15 foot maximum allowed. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION IFAPPROVED Has tli�s persoMBrtn exr xarked under a coMrad for thie depa�tmeM? YES NO tlasthis pe�soMrm erer heen a aty empbyee7 YES NO Does Ni6 0�� Ws�ss a Sfdll not nomWlYP� M' anY curtent CiIY emP�oYa-'? YES NO is m�s a��r� a �ere�a.�aarr vES rio COST/REVENUE BUOGEfED (CIRCLE ON� YES NO SOURCE ACTNITYNUMBER OFFICE OF THE CITY ATTORNEY Q` �, Clayton M Robinson, Jr., Ciry AKOrney � � CITY OF SAINT PAUL Norm Coleman, Mayor Civi1 Division 400 Ctry Hall IS Wert Kellogg Blvd. Saint Paul, Minnesot¢ 55102 Telephorse: 65I 266-8710 F¢csimile: 65l 298-5679 October 5, 2001 Nancy Anderson City Council Reseazch Office Room 310 City Ha11 Saint Paul, MN 55102 RE: Appeal of Paul Stephanyshun; City Council Action Date: 8-22-01 Dear Nancy: Attached please find a signed resolution memorializing the Council's decision to deny Mr. Stephanyshun appeal of a BZA decision following the Council's public hearing on August 22, 2001. Please place the matter on the Council's consent agenda at your earliest convenience. Sincerel , � i � :v �. L./l.�cY""�� Peter W. Warner City Attorney's Office o� to�l OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roger Curtis, Direc[or CITY OF SAINT PAUL Norm Coleman, M¢yor July 19, 2001 Ms. Nancy Anderson Ciry Council Research O�ce Room 310 Ciry Hall Saini Pau1, :vIN Ss1Q2 Dear Ms. Anderson: �u�. � � �Q� I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 22, 2001 for the following zoning case: Appellant: Paul Stephanyshun, 313 Harrison Avenue File Number: O1-207690 Purpose: Location: Appeal of a Boazd of Zoning Appeals decision denying a variance to construct a detached gazage larger than the 1000 square foot ma�cnnum allowed and higher than the 15 foot maximum allowed. 313 Harrison Avenue Staff : Recommended denial District�: No recommendation Board : Approved on a 6-1 vote I have confirmed this date with the office of Council Member Chris Coleman. My understanding is that this public heazing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9083 if you have any questions. Sincerely, ��'l - Jeff Hawkins Zoning Specialist cc: Council Member Coleman ` B(ITLDING7NSPEC770NAND Telephone:612-26b9001 DESIGN Facsimile: 612-2669099 350 St Peter Street Suite 3I0 Sainr Pau[, Minnesota 55102-I510 � R9gE��t'C�1 ��'tE±° •�ursTxmv � , iN'OTiCE OF PFBLIC HR.ARING � � ' 'Rie SatnY Paul Ctt}�Couna&w11 condnd_ a public hearmg on Wednesday, _Avgust 22, -� ?A01. at 5:30 p.m, in the Cify Counc�l Chambecs, 3rd F1oor City HaD; to conslda the appeal of Paul Stephariyshun regardivg fihe dedsion of the Board of Zoming APPeais de�g a vadance to construct"a detached Sarage7ag�'flian the 1000 square foot maX ' imum aIlowed and higher N�an 4he 15 foot maxtmum allowed af313 FIazri.son Ave[tue. Dated:JUly24,�2001 � " . �NANCYANDERSON Asslstant Ctty Coundl Secrefary ' � � . F7u1y 30)- . S1: PADL IEC.AL 18DGFdt — CITY OF SAINT PAUL Norra Coleman, Mayor July 19, 2001 Ms. Nancy Anderson City Council Research Office Room 310 City Aall Saint Paul, MN 55102 Dear Ms. Anderson: OFFICE OF LICENSE, INSPT CIONS AND ENVIRONMENTAL PROTE: ION � Roger Curtis, Director 0 �� d O y BUIIDINGINSPECI70NAND Telepkone:612-2669001 DESIGN Facsimi[e: 672-266-9099 350 St Peter Street Suite 3I0 Saint Paul, Minnesot¢ 55102-I510 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 22, 2001 for the following zoning case: Appellant: File Number: Purpose: Location: Staff : District�': Board : Paul Stephanyshun, 313 Harrison Avenue 01-207690 Appeal of a Board of Zoning Appeals decision denying a variance to construct a detached garage larger than the 1000 square foot maximum allowed and higher than the 15 foot maximum allowed. 313 Harrison Avenue Recommended denial No recommendation Approved on a 6-1 vote I have confirmed this date with the office of Council Member Chris Coleman. My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in ihe Saint Paul I,egal Ledger. Thanks! Please call me at 266-9083 if you have any questions. Sincerely, Jeff Hawkins Zoning Specialist cc: Council Member Coleman ; APPLICATION FOR APPEAL Departn:ent ojPlanning and Economic Development Zoning Section II00 City Ha!! Annez 25 if'est Fourth Street Saint Paul, M11' S5102 266-6589 APPELLANT >:.�Oitiit�$.�R'�3�� !I ? �ile no � ;FQe�� 's�siative hearir� i . OTtE�jt � -� . : . �� t8: Address S�/� f�a-rri'Son. Av� City .S� P�G St�/7 Zip SS/Da Daytime phoneGs�" PROPERTY Zoning File LOCATION . .. .. TYPE OF APPEAL: Application is hereby made for an appeal to the: L Board of Zon+ng Appeals City Council under the provisions of Chapter 64, 5ection ��asgraph ef th� Zoning Code to appeal a decision made by the on ��i� at� . 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Yc? ori i f - ----- ------ ------- - e . ;� BOARD OF ZONING APPEALS STAFF REPORT TYPE OF APPLICATIOIV: Minor Variance FILE #: O1-207690 APPLICANT: HEARING DATE: LOCATION: LEGAL DESCRIPTION PLANNING DISTRICT: PRESENT ZONING: REPORT DATE: PAUL STEFANYSHUN June 25, 2001 313 HARRISON AVENUE WHITACRE BRISBINE AND MI II,LENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 AND LOT 86 0 RT-2 June 4, 2001 DEADLINE FOR ACTION: August 13, 2001 ZONING CODE 12EFERENCE: 62.106 $Y: John Hazdwick DATE RECEIVED: June 13, 2001 A. PURPOSE: Two variances in order to construct a new detached gara�e in the reaz yazd. The maximum allowable size for a detached garage is 1,000 squaze feet. The proposed size is 1,305 square feet, for a vatiance of 305 square feet. The maximum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. B. SITE AND AREA CONDITIONS: This is a 100 by 123-£oot parcel with alley access at the reaz to a detached garage and a surface parking azea. �f fIT f fiT:7 rF.1 iTi lrl.Y:� U � Y(:ii � �w.7 t� iy � i � r.. �. wti:i: C. BACKGROUND: In 1991 the applicant constructed a concrete slab in the reaz yard and has been using it for surface parking. He would now like to construct a 42 by 43-foot gazage on the sIab. The applicant fias submitted revised plans for his proposed garage. He has proposed a smaller footprint (30 by 43.5 feet) but has now requested a height variance. _ D. FINDINGS: The property in question can be put to a reasonable use under the strict provisions of the code. Page I oC 3 o�-�o�l File #O1-207690 Staff Report The applicant currently has a 14 by 20-foot detached gara�e and a 10 by 12-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot garage and remove the garage and shed. The applicant states that he would like to buy a recreational vehicle some day and needs a place to park it. He also plans to buy a boat and may get married and would need room for his future spouse's vehicle. This is a large lot and it can accommodate a lazge gazage. However, the proposed garage is nearly twice the size allowed by code and would be larger than the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single family home. A garage this size would also be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print of the garage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the land owner is not due to circumstances unique to this property, and these circumstances were created by the land owner. There is nothing unique about this property, other than its size, that would justify an accessory structure of this size. The applicant states that he is planning for the future and has not demonstrated any existing hardship. 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. Accessory structures for single family homes and duplexes are limited to 1,000 square feet. The Intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use does not dominate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story garage is sufficient for most one and two family homes in an urban setting. 4. The proposed variance wi11 not impair an adequate supply of Zight and air to adjacent proper•ty, but will alter the essential character of the surrounding area or unreasonably diminish established properry values within the surrounding area. The proposed garage will meet all of the setback requirements but will exceed the heigkt limitations. The applicant has submitted statements from the property owner of 314 Harrison, across the street and 309 Harrison abutting to the east, in support of the proposed variance. Page 2 of 3 File #01-207690 Staff Report However, the sheer size of the proposed buiiding is not in keeping with other accessory structures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the character of this urban residential neighborhood. 5. The variance, ifgranted, would nat permit any use that is not permitted under the provisions of the code for theproperty in the district where the affected land is Zocated, noY would it alter or change the zoning district classifzcation of the property. Accessory buildings are permitted in all zoning districts. Provided that the proposed building is not used for commercial putposes or as addifional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. E. DISTRICT COUNCIL RECOMMENDATION: As of the date of this report, we have not received a recommendation from District 9. F. STAFF RECOMMENDATION: Based on findings 1 through 4, staff recommends denial of the varfance. Page 3 of 3 APPLICATION FOR ZONING VARIANCE OFFICE OF LICENSE, INSPECTIONS, AND ENVIRONMENTAL PROTECTION 350 SL Peter Street, Suite 300 Saznt PauI,1KN SSIO2-I510 651-266-9008 APPLfCANT PROPERTY Address 'S /3 f�.zr�.�Soi. AYP City Sf �Q,u./ State�n Zip SS1 �o2Daytime Phone GS /'� p� Property interest of appficant (owner, contract purchaser, etc.) �tNnBr Name of owner (if different) Address/Location �/? f/,A.rri f�,r AuP Lot size Present Zoning�"f'resent Use ��" � S Proposed Use O�i ✓a..fe_ , bn,_ ae...f � l/ G�z-r S fru.� i Legaf description (attach additional sheet ifnecessary) � i n �j /� �o.rhi 1. Variance(s) requested: 2. What physical characteristics of the property prevent its being used for any of the permitted uses in your zone? (topography, size and shape of lot, soil conditions, etc.) ` 7.� r�--if�c. �,e.�9-- i-",�-. 3. Explain how fhe strict application of the provisions of the Zoning Ordinance would result in peculiar or exceptional practiral difficulties or exceptional undue hardships. s ,y� tY '�-act....�- CASHIERS USE ONIY 4. Explain how the granting of a variance will not be a substantial detriment to the public good or a substantiai impairment of the intent and purpose of the Zoning Ordinance. r (� - � �.� � ��,.,�.�- sheets if ApplicanYs ��, � �' , �-�9 -� � z� Date � - C�/� JUN-13 09-42 RM ' � ' ��_ d� w � U , u, C -t-• � p � � �_ 5� �. 4 � � > c� � � S �G . 7 .,:.; - � �� n n O � � � �•�, � , {r-�r :�.,, . • � �� N P_01 U � > � � � � � � � �-' S l C .� � JUN-13-2001 10�44 gsi P.01 JUN-1e-01 09:45 AM � �_._ .. .._.. i j , � p I O1 I i i I ' I . � I � ' I ' i o i � '." � � � � i ' � �a � ! i � I i i I ,. � , . � i � i � [V r � :, � � 30'1 ,.... - --... _ _.. � 12' sidewalis P_02 _ y C�1—\� � - --.. _ ..._ _. .. . _.� I I i 'f � � I I I i ' � � � � � I , i i � � I I I j ; � I � � i i b, � , ! � ' , � ' , � � �, . i ; Garage an existing slab i° � �ii �, � + � i ; �, � i i i i i f � { : V i � �. i � ; f � � , : � � �� i � i � � , ; i � , � i ' i ; i - t � j i i � � I � I � � � � _��. i .�. _ :i , , ; � � , � --- � � _ -_-_ _ , � � � � , -- � - -- - - ---__- - - - �-------. . . � F 2°� -- 22'70"4 - 4�g"4 a � ' 30'1 JUN-13-2001 10-44 95� P.02 JUN-73-01 09-4^o RM �^ \ 1 � :o!= ::. 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Johnson owner of 309 Hazrison Ave and 310 Harrison Ave St.Paui, Mn. 55102 give permission for Paul Stefanyshyn at 313 Harrison Ave St.Paul, Mn. 55102 for the neighbor next door to build a new garage with specks about 45 by 50, and 18-20 height. If�ny questions piease�contact me at my office number, 651-225-4455 or my mobel number . r1. K;:THY LYNN KLINGIE , y NO7ARYPUBUC-MINNESOTA ' . �� "�X RES AN 91�2(b5 FWiG> � � � ; :� �� `� .. � S-IS-2001 I Steve R. Johnson owner of 314 Harrison Ave St.Paul, Mn. 55102 give permission for Paul Stefanyshyn at 313 Harrison Ave St.Paut, Mn_ 55102 for the neighbor next door to build a new garage with specks about 45 by 50, and 2 8-20 height. If any questions please contact me at my office number, 651-225-4455 or my mobel number 651-276-2674. Steve R. Johnson �/�� No ' KATHY LYNN KUNG�E NOTARY PUBUC - MIPAJE$pTA MY COMMISSpN 'ay' EXPIRES JAN 31, 200$ U\ �C�g 1 PROPERTY WITHIN 100 FEET OF PARCEL: 313 HARRISON AVENUE z� ! N PREPARED 1BYe L! EP 2. SUNRAY-BATTLECREEK-HIGHWOOD 2. HAZEL PARK HADEN-PROSPERITY HILLCREST 3. WEST SIDE - 4. DAYTON'S BLUFF 5. PAYh'E-PHALEN 6. NORTH END 7, THOMAS-DAI,E 8. SUMMIT-UNIVERSITY 9. WEST SEVEN"t'H 10. COMO il. HAMLINE-MIDWAY 12. ST. ANT�HONY PARK 13. MERRIAM PARK-LEXING'fON HAMI:INE-SNELLING HAMLINE 14. MACALBSTER GROVEI.AND 15. HIGFiLAND 16. SUMMIT HILL 17. DOWNTOWN �� .� ��-26�1� d i CTITZEN PARTICIPATION PIANNING DISTRICTS o� 1� i CITY OF SAINT PAUL BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMSER: # oi-2o�690 DATE: 7une 25, 200� WHEREAS, Paui Stefanyshun has applied for a variance from the strict application of the provisions of Section 62.106 of the Saint Paul Legislative Code pertaining to the construction of new detached garage in the RT-2 zoning district at 313 Harrison Avenue; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on 7une 25, 2001 pursuant to said appeal in accordance with the requirements of Section 64.205 of the Legislative Code; and WHER£AS, the Saint Paul Boazd of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes, made the following findings of fact: !. The property in question can be put to a reasonable use under the strict provisions of the code. The applicant cunently has a 14 by 20-foot detached garage and a 10 by 12-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot garage and remove the garage and shed. The applicant states that he would like to buy a recreational vehicle some day and needs a place to park it. He also plans to buy a boat and may get married and would need room for his future spouse's vehicle. This is a large lot and it can accommodate a large garage. However, the proposed gazage is nearly huice the size allowed by code and would be ]arger than the house. A 24 feet by 40-foot garage would be pernutted without a variance and would seem to provide enough space for a single family home. A garage this size would aiso be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print of the garage. However, the size of the garage and the additional storage azea is excessive for a single family home. 2. The plight of the Zand owner is not due to circumstances unique to this property, and these circumstances were created 6y ihe land owner. There is nothing unique about this property, other than its size, that would justify an accessory structure of this size. The applicant states that he is planning for the future and has not demonstrated any existing hardship. 3. The proposed variance is noi in keeping with the spirif artd intent of the code, and is rzof consistent with the health, safety, comfort, morals and weZfare of the inhabitants of the City of St. Paul. Accessory strucrizres for single family homes and duplexes are limited to 1,000 squaze feet. The intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use does not dominate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story garage is sufficient for most one and two family homes in an urban setting. Page 1 of ? File #01-207690 Resolution 4. 7'he proposed variance will not impair an adequate supply of light and air to adjacent property, but will alter the essential character of the surrounding area or unreasonabZy diminish established property values within the surrounding area. The proposed garage will meet all of the setback requirements but will exceed the height limitations. The applicant has submitted statements from the property owner of 314 Harrison, across the street and 309 Harrison abutting to the east, in support of the proposed variance. However, the sheer size of the proposed building is not in keeping with other accessory struciures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed vaziance would change the character of this wban residential neighborhood. S. The variance, if granted, wou[d not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. Accessory buildings aze permitted in all zoning districts. Provided that the proposed building is not used for commercial purpases or as additional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the vaZue or income potential of the parcel of land. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the request to waive the provisions of Section 62.105 In order to cons�uct a 1,305 squaze foot garage SE HEREBY DEIVIED on property located at 313 Harrison Avenue; and legally described as Wf1ITACRE BRISBINE AA'D MULLENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 AND LOT 86; in accordance with the application for variance and the site plan on file with the Zoniag Adminisirator. MOVED BY: Morton SECONDED BY Faricy IN FAVOR: 6 AGAINST: i MAILED: 3une 26, 2001 Page 2 of 3 o� �� 1 File #01-207690 Resolution TIME LIlVIIT: No order of the Board of Zoning Appeals permitting the erection or alteration of a bvilding or off-street parking facility shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding pursuant to the terms of such permit. The Board of Zoning Appeals or the City Council may grant an extension not to exceed one year. In granting such extension, the Board of Zoning Appeals may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council within 15 days by anyone affected by the decision. Building permits shall not be issued after an appeal has been Gled. Tf permits have been issued before an appeal has been Fled, then the permits are suspended and construction shall cease until the City Council has made a final determination of the appeal. CERTIFICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint Paul, Minnesota, do hereby certify that T have compared the foregoing copy with the original record in my office; and £nd the same to be a true and correct copy of said original and of the whole thereof, as based on approved minntes of the Saint Paul Board of Zoning Appeals meeting held on June 25, 2001 and on record in the Office of License Inspection and Environmental Protection, 350 St. Peter Street, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZONING APPEALS Debbie Crippen Secretary to the Board Page 3 of 3 MINUTES OP THE MEETING OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE I1, 2001 PRESENT: Mmes. Maddox, and Morton; Messrs. Faric}�, Galles, Kleindl , and Wilson of the Board of 2oning Appeals; Mr. Warner, Assistant Ciry At[orney; Mr. Hardtivick and Ms, Crippen of the Office of License, Inspection, and Environmental Protection. ABSENT: Jon Duckstad, Vince Courmey* "Excusec3 The meeting was chaired by 7oyce Maddox, Chair. Paul Stefanvshun (#O1-2076901 313 Harrison Avenue: A variance in order to construct a new detached garage in the rear yard. The maximum altowable size for a detached garage is 1,000 square feet, the proposed size is 1,806 square feet, for a variance of 806 square feet. Mr. Hard�vick showed slides of dze site and reviewed the staff report with a recommendation for denial citing findings 1-4. No correspondence received in opposition to the variance reouest. No correspondence was received in opposition ro the variance from District 9. The applicant PAUL STEFANYSHUN, 313 Harrison Acenue, was present. There was no opposition present at the hearing. Mr. Stefanyshvn siated that he had dzcided on a smaller garage of thirry by forty-three feet. Ms. Morton questioned if the garage would sti11 be tar�er than the house. Mr. Stefanyshun stated that the house measured twenty-si� by forty-six feet. He stated that the house is three storizs and would still be larger than the garage. Mr. Stefanyshun stated that his neiahbors had not objected to the lazger oarage. r. a es quesnone _ � � been applied for. Mr. Hard�vick stated that they could lay the cas: o��er for two weeks niving staff time to renotify the neighbors of the revised request. h4r. �1'ilson moved to continne the matter for two «�eeks un�il ]une 25, 2001. Mr. Faricy seconded the motion, which passed on a voice �oce of 6-0. Submitted by' � � John Hard�vick Approved by: �-� ��G!�%12�2�� lon Duckstad, Secretary O\ MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE 25, 2001 Continued from June II, 200I PRESENT: Mmes. Maddox, Morton, and Otteson; Messrs. Duckstad, Faricy, Kleindl, and Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant Ciry Attorney; Mr. Hardwick and Ms. Crippen of the Office of License, Inspection, and Environmental Protection. ABSENT: Vincent Courtney, Dan Galles " *Excused The meeting was chaired by Joyce Maddox, Chair. Paul SteFanvshun t#O1-2076901 313 Harrison Avenue: Two variances in order to construct a new detached garage in the rear yard. The maximum allowable size for a detached garage is 1,000 square feet, the proposed size is 1,305 square feet, for a variance of 305 square feet. The maximum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for denial citing findings 1-4. No correspondence was received in opposition to the variance request. No correspondence was received in opposition to the variance from District 9. The applicant PAUL STEFANYSHUN, 313 Harrison Avenue, was present. There was no opposition present atthe hearing. Ms. �tteson questioned what type of work Mr. Stefanyshun did and whether he would be doing any work out of his garage. Mr. Stefanyshun stated he would not be working out of his garage. He stated the garage would be for personal property. Mr. Stefanyshun stated that he drives truck for a road construc[ion company. Mr. Stefanyshun stated that he was planning to buy a Recreational Vehicle, he stated a desire to purchase a boat sometime in the future, he wants to build a garage that would accommodate both. He stated that being it snowed six months of the year. It would be nice to have some extra storage area. Hearing no further testimony, Ms. Maddox closed the public portion of the meeting. Ms. Morton moved to deny the variance and resolution based on findings 1 through 4. Mr. Faricy seconded the motion, which passed on a roll call vote of 6-1(Kleindl). Submitted by: Approved by: John Hardwick Jon Duckstad, Secretary OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Rnger Curtis, Director 0` ,��, LJ � . CITY OF SAINT PAUL Norm Coleman, Mayor July 19, 2001 Ms. Nancy Anderson City Council Research Office Room 310 Ciry Hail Saint Paul, MN 55102 Dear Ms. Anderson: B UIL DING INSPECTTON AND DESIGN 350 S[ PMer Street Suite 310 SaintPaul, Minnesota 55102-]SIO Telephone: 6I2-266-9001 Facsimile: 612-266-9099 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 22, 2001 for the following zoning case: Appellant: Paul Stephanyshun, 313 Harrison Avenue File Number: O1-207690 Purpose: Location; Staff : District� Board : Appeal of a Board of Zoning Appeals decision denying a variance to construct a detached garage larger than the 1000 square foot maximum allowed and higher than the 15 foot maximum allowed. 313 Harrison Avenue Recommended denial No recommendation Approved on a 6-1 vote I have confirtned this date with the office of Council Member Chris Coleman. My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that yoa will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9083 if you have any questions. Sincerely, Jeff Hawkins Zoning Specialist cc: Council Member Coleman , � APPLICATlON FOR APPEAL Department of Planning and Economic Development Zoning Section ll DO City Hall Anner 25 W'est Fourth Street Sain1 Paul, MN SSIO2 266-6589 APPELLANT � File nn �';r�C . Fse °. r � �. `;::T�ntative hearing`�IatQ; � Address f' Av� City _S� /�', St�/9 Zip SSiO� Daytime phoneGS�� PROPERTY Zoning File LOCATION . .. . TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeais City Council under the provisions of Chapter 64, Secfion ��ara a3iBj�~ cf the _7o�ing Gode to appeal a d�e made by the on , 1 ��3�Q.. c� , (date of decision) File number. 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' � _ OYe.r � _ _ --', --__- � � �� . � o� �c'�1 ; � ------.--- —Tfi, S .• s__a� _f.l.ac __sror _fio.�rz__�,.-.t.C-°' ---'2..'�z_S_?�'�-- —c._pc-r�Y!!t�"._�.6:-v_%�.i�q--ji�xt_fo if.._�'f__wo.'.,• � .// -_—`- __"_ ' __ "./.7�?'Ce_NiR./��iitC)_ _o�__.GjcQ/_'�G_��X_y.�__%J��.HO� f�iG_ �o.�.f'.. ✓ (J ----� Z�e__.5la� ._iJ _,a.Ircad7_,(��.er� �_�ii. �/_a.c�_� �,� ? . � ____ �R' Oh/? __' _" __ __ —_`_____ '----`-_ ' _ � � � � \ � ,^ ___ .1 N \ BOARD OF ZONING APPEALS STAFF REPORT � � TYPE OF APPLICATION: Minor Variance APPLICANT: HEAI2ING DATE: LOCATION: LEGAL DESCRIPTION PLANNING DISTRICT: PRESENT ZONING: REPORT DATE: PAUL STEFANYSHLJN June 25, 2001 313 IIARRISON AVENLTE FILE #:O1-207690 WHITACRE BRISBINE AND MULLENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 t1ND LOT 86 RT-2 June 4, 2001 DEADLINE FOR ACTION: August 13, 2001 BY: John Hazdwick DATE RECEIVED: June 13, 2001 . � PURPOSE: Two variances in order to construct a new detached garage in the rear yazd. The maximum allowable size for a detached garage is 1,000 squaze feet. The proposed size is 1,305 square feet, for a variance of 305 square feet. The masimum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. SITE AND AREA CONAITIONS: This is a 100 by 123-foot parcel with alley access at the rear to a detached garage and a surface parking azea. uffoun ing an se: ixe re � . C. BACKGROUND: In 1991 the applicant constructed a concrete slab in the rear yazd and has been nsing it for surface pazking. He would now like to construct a 42 by 43-foot gaza�e on the slab. The applicant has submitted revised plans for his proposed garage. He has proposed a smaller footprint (30 by 43.5 feet) but has now requested a height variance. D. FIINDINGS: 1. The property in question can be put to a reasonable use under the strict provisions of the code. ZONING CODE REF'ERENCE: 62106 • Pa�e 1 of 3 o� �o� � • File #01-207690 Staff Report The applicant currently has a 14 by 20-foot detached gazage and a 10 by 12-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot garage and remove tt�e garage and shed. The applicant states that he would like to buy a recreational vehicle some day and needs a place to pazk it. He also plans to buy a boat and may get married and would need room for his future spouse's vehicle. This is a lazge lot and it can accommodate a large garage. However, the proposed gazage is nearly twice the size allowed by code and would be larger than the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single family home. A garage this size would also be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print o£ the garage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the land owner is not due to circumstances unique to this property, and these circumstances were created by the land owner. There is nothing imique about this property, other than its size, that would justify an � accessory structure of this size. The applicant states that he is planning for the fuhzre and has not demonstrated any existing hardship. 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. _ Accessory structures for single family homes and duplexes are limited to 1,000 square feet. The intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use.does not dominate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story garage is sufficient for most one and two family homes in an urban setting. 4. The proposed variance wi11 not impair an adequate supply of light and air to adjacent property, but will alter the essential character of the surrounding area or unreasonably diminish established property values within the sa�rrounding area. The proposed garage will meet all of the setback requirements but will exceed the height limitations. The applicant has submitted statements from the property owner of 314 Harrison, across � the street and 309 Hamson abutting to the east, in support of the proposed variance. Page 2 of 3 File #O1-207690 Staff Report However, the sheer size of the proposed building is not in keeping with other accessory structures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the chuacter of this urban residential neighborhood. S. The variance, ifgranted, would not permit any use that is not permitted under ihe provisions of the code for the property in the district where the affected Zand is Zocated, nor would it alter or change the zoning district classification of the property. Accessory buildings aze perxnitted in all zoning districts. Provided that the proposed building is not used for commercial purposes or as additional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. � E. DISTRICT COUNCIL RECOMMENDATION: As of the date of this report, we have not + received a recommendation from District 9. ! F. STAFF RECOMMENDATION: Based on findings 1 through 4, staff recommends denial of the variance. � Page 3 of 3 � APPLlCATION FOR ZONING VARIANCE OFFICE OF LICENSE, INSPBCTIDNS, �]ND ENVIRONMENTAL PItOTECTION 350 St Peter Street, Suite 300 Saint Paul, MN SSIO2-I SIO 65I-266-9008 APPLICANT � Address �/3� t'�ez,rr �Sc.n. AI/2 City S�� a.u✓ State�r Zip �.S%'Jo2Daytime Phone GS�'�� O�%1' Property interest of applicant (owner, co�tract purchaser, etc.)�1Nn� r Name of owner {if PROPERTY � Address/Location �/� t/�.rri�Si, �uP Legal description (attach additiona! sheet if necessary) -7r Lot size Present Zoning �� ``F'resent Cise �f" �� S ' Proposed Use Ql/� Tp f �7nR.�;�� Gci.✓ S f�'w� i inq/e, 1. Variance(s) requested: � 2. What physical characteristics of the property prevent its being used for any of the permitted uses in your zone? (topography, size and shape of lot, soil conditions, etc.) t � j.� �--�-I '' 3. Explain how the strict application of the provisions of the Zoning Ordinance would result in peculiar or exceptional practical difficulties or exceptional undue hardships. 5 � .N-�C� �. CASHtERS USE ONtY � sheets if �� /�� ' 5�,�� .� '� 4. Explain how the granting of a variance will not be a suhstantial detriment to the pubiic good or a substantial impairment of the intent and purpose of ihe Zoning Ordinance. � �� Applicant's z z. Date ,�= ,�' �� JUM-13 08:42 AM � '� ' -�__ W � W � � Y i �� \ � � V� � g �. � � � --< � �" � . � �;:. � , i. � i.{i�' 2 . . , .. �� O ��.:..:.:::. . : _..-M, - �. ��'•° .. {_;;; :.,, . � �\ N P-01 � � � � � � � � � � �0 . � � JUN-13-2001 10�44 95i P_01 JUN-SS-01 09:4e RM • 0 � i. 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'.� � ,... � . �.� , `\` \ N • � SUN-13-2H01 l9�44 95i P.03 • I { :_ � , / , • \ � i2 � � ( (-�y -�� J � ,1 � �� z � �- `� � '��r � r � C � � . � ,,� � d �'l�/� $� T -- � t � r �3 � �ICibi-1c� � �.�t8 i �� x y3- � `• _�� d•� � �� ------� : �. : � �x.s,,�,-� ; �, � e j � tyX2�� /fvi-� i i �.� 3 ; , ; � � -- �xio,� Sk<�S -� � i r � �- � j 3 i 3 (�A- IL2 i l o�' �%",u' ` � � ,. - . � ,� S � � �c�ri.. � S�,_ wc,:-.�d /i�� fo 6w.'/o' f,Cc �o-,-.r�� So �`/a-t � rh ti� vc. G�-io=y.L 5�:��c fn / �c=-./i o-.. R�� l�oa c.y,� �l ��-CX..t Go> S. �r �/?:�.y.r.q o-h r_c� v-r.c.' wc c..t0 / � /rcC �°o !i„�..vt_ S�� '�o.. �, �o-m.'�� o-/Sc 70 • �o-rfL i:. fL,G ��.,roye, 1 fi��•..c S.00Y...>�. i... fJctrSo�.. ✓ W.•f�. 17+� IJGi"q��iG'�f .5�,..-.-owefir`� -�� r� �JC�ic- ✓ P�l� f�i� �jRVG � O� 7 0 �. t�/e✓�,S ?.C� � l i�-v� r�c� C-,-dr � �:... %� �.Cc n c -.- � �, � C/ `� - - - - - -c�"oe,./t ; ylc !/ � � � �� a � ` s-is-2ooz O\—\0�1 I Kenneth G. Johnson owner of 309 Hazrison Ave and 310 Aarrison Ave St.Paul, Mv. 55102 give perntission for Paul Stefanyshyn at 3 i3 Harrison Ave St.Paul, Mn. SS id2 for the neighbor next door to build a new garage with specks about 45 by 50, and 18-20 height. If�ny questions please contact me at my office number, 651-225-4455 or my mobel number 65 -276-2674..1 � . K :THY LYNN KLINC�tE � r1 = �+OTPRYPUBllC-MIAMlESOTA �� MY COMMISSION � ;i*� �=XPIRES JAN. 31, 2005 -o � � � � . ,:, g :v , i ,, <i . � 5-15-2001 I Steve R. Johnson owner of 314 Hazrison Ave St.Paul, Mn. SS1Q2 give permission for Paul Stefanyshyn at 313 Harrison Ave St.Paul, Mn. 55102 for the neighbor ne� door to build a new garage with specks about 45 by 50, and 18-20 height. If any questions please contact me at my office number, 651-225-4455 or my mobel number 651-276-2b74. / �� /� �� / - - ' �' . , ' ��r��l �� . �,� i� � ' KATHY IYNN KLINGLE NOTARV W9IlC-MINNESOTA `� • MY COMMISSIpN � � � ` EXPIRES JAN 31, 20p5 � • � �i �� PROPERTY WITHtN 900 FEET OF PARCEL 3'13 HARRISON AVENUE �� , (973) 309 '� �I. i � D � � � � � � �� ( 251 ; � �_ . : � ; I_ ,` I I L � �i i i� � N PREPARED �Y: L! EP ;; ,� (40) c 299 r HARRISON � � 1. 2. a. S. 6. 7. 8. 9. 10. i i. 12. 13. 14. IS. 16. 17. SUNRAX-BATTT.ECREEK-HIGH WOOD HA7.EL PARK - ♦ILJ♦ Ul/.JY -� AAYTON'S BLUFF PAYNE-P�3ALEN NORTH END THOMAS-T3ALE SUMMIT-tTi3IVERSITY WEST SEVENT`�I COMO HAMLINE-MIDWAX ST. AN'ITIONX PAl2K MERRTAM PARK-LEXTI3GTON HAMLINE-SNELLING HAMLINE MACALESTER GROVELAND HIGFII.AND SUMMIT HILL � AOWI�ITOWN �z�� .� ��-�G�� d4 - CITIZEN PARTICIPATION PI.AI3NING DISTRICTS C» lCat�'1 , CITY OF SAINT PAUL BO�RD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER # O1-207fi90 DATE: 7�e 2s, 2001 WHEREAS, Paul Stefanyshun has applied for a variance from the strict application of the provisions of Section 62106 of the Saint Paul Legislative Code pertaining to the construction of new detached garage in the RT-2 zoning district at 313 Harrison Avenue; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on June 25, 2001 pursuant to said appeal in accordance with the requirements of Secrion 64.205 of the Legislative Code; and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantialiy reflected in the minutes, made the following findings of fact: 1. The property in question can be put zo a reasonable use under the strict provisions of the code. The applicant cunently has a 14 by ZO-foot detached garage and a 10 by I Z-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot gazage and remove the garage and shed. The � applicant states that he would like to buy a recreational vehicle some day and needs a place to park it. He also plans to buy a boat and may get mamed and would need room for his future spouse's vehicle. This is a large lot and it can accommodate a]azge gazage. However, the propased garage is nearly twice the size allowed by code and would be larger khan the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single , family home. A garage ihis size would also be more in keeping with the size of the house. The applicant is requesting a height variance in arder to have some additional storage area to make up for the smaller foot print of the garage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the Iand owner is noi due to circumstances unique to this properry, and these circumstances were created by the land owner. There is nothing unique about this property, other than its si2e, that would justify an accessory structure of this size. The applicant states fhaf he is planning for the future and has not demonstraYed any existing hardship. 3. The proposed variance is not in keeping with the spirit and intent of the code, and fs not consistent with the health, safety, comfort, morals and welfare af the inhabitanis of the City of St. Paul. Accessory siructures for single family homes and daplexes aze limited to 1,000 square feet. The intent of this ordinance is to keep the accessory shuctures reasonably proportionate to the house so thai the accessory use does not dominate the site. The proposed garage will still be lazger than the house and is noi in keeping with the inient of the code. A 1,000 square foot single story garage is � sufficient for most one and hvo family homes in an urban setting. Page 1 of 3 File #O1-207690 Resolution 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, but will alter the essential character of the surrounding area or unreasonably diminish established properry values within the surrounding area. The proposed garage wil] meet all of the setback requirements but will exceed the height limitafions. The applicant has submitted statements &om the property owner of 314 Aamson, acrass the street and 304 Aarrison abutting to the east, in support of the proposed variance. However, the sheer size of the proposed building is not in keeping with other accessory shuctures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the character of this urban residential neighborhood. 5. The variance, i}'granted, would not perrrzdt any use that is not permitted under the provisions of the code for the property in the district where the afjected Zand is located, nor would it alter ar change the zoning district classifzcation of the property. Accessory buildings are pemutted in a11 zoning districts. Provided that the proposed building is not used for commercial purQoses or as addifional living space, the proposed variance, if granted, will not change or alter the zoning classificafion of the property. � 6. The request for variance is not based primarily on a desire fo increase the value or income poteraial . of the parcel of land. NQW, THEREFORE, BE TT RESOLVED, by the Saint Paul Board of Zoning Appeals that the request to waive the provisions of Section 62.1Q6 In order to construct a 1,305 squaze foot garage BE HEREBY DENIED on properry located at 313 Harrison Avenue; and legally described as WHPCACRE BRISBINE AND MULLENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 ANU LOT 8•� with the application for variance and the site lam m�g ministrator. BY: 14iarton SECONDED BY. Faric IN FAVOR: s AGAINST: 1 MAILED: June 26, 2001 � Page 2 of 3 o� �0�1 � File #OI-207690 Resolution TINIE LIMI'C: No order of the Board of Zoning Appeals permitting the erection or alferation of a building or off-streef parking facility shalI be valid for a periad longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding pursuant to the terms of such permit. The Board of Zonina Appeals or the City Cauneil may grant an extension not to exceed one year. In granting such extension, the Board of Zoning Appeals may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council wifhin 15 days by anyone affected by the decision. Building permits shall not be issued after an appeal has been filed. If permits have been issued before an appeal has been filed, then the permits are suspended and construcfion shall cease until the Cify Council has made a final determination of the appeal. CERTIFICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint Paul, Minnesota, do hereby certify that I have compared the foregoing copy with the original record in my of5ce; and Snd the same to be a true and correcY copy of said original and of the whole thereof, as based on approved minutes of the Saint Yaul Board of Zoning Appeals meeting held on June Z5, . 2001 and on record in the Office of License Tnspection and Environmental Protection, 350 St. Peter Street, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZOIVING APPEALS Debbie Crippen Secretary to the Board � Page 3 of 3 MINUTES OF THE MEBTING OF THE BOARD OF ZONING APPEALS C1TY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE 11, 2001 PRESENT: Mmes. Maddox, and Morton; Messrs. Faricy, Ga13es, Kleindl , and Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant Ciry Attomey; Mr. Hardwick and Ms. Crippen of the Office of License, Inspection, and Environmental Protec[ion. ABSENT: Jon Duckstad, Vince Courtney* "Excused The meeting was chaired by Joyce Maddox, Chair. Pau] Stefanvsl�un (#O1-20769�) 313 Aarrison Avenue: A variance in order to construct a new detached garage in the rear yard. The maximum allo�rable size for a detached garage is 1,000 square feet, die proposed size is 1,806 square feet, for a variance of 806 square feet. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation fot denia] citing findings 1-4. No correspondence received in opposition to the variance request. No correspondence �vas received in oppositlon to the variancz from District 9. The applicant PAi3L STEFAi`TYSHUN, 313 Harrison A� enuz, was present. There �vas no opposition present at the hearing. Mr. Stefanyshun stated [ha[ he had dzcided on a smaller garage of thirty by forry-three feet. Ms. Morton questioned if the garage would still be larger than the house. Mr. Stefanyshun stated that the house measured twenty-sia by forty-six feet. He staeed [hat the house is three stories and would stiil be lareer than the gara,4,e. Mr. Stefanyshun stated that his neighbors had not objected to the lar e; garage. . a es ques[ioned whether they were now talking abou[ a different variance than what had been applied for. Mr. Hardwick stated that they could lay the case over-for nvo weeks giving staff time to renotify the neighbors of the revised request. Mc R`ilson moved to con�inue the matter for nvo Gveeks until 7une 25, 2001. Mr. Faricy seconded the motion, which passed on a voice voce of 6-0. �pproved by: �� GG��Z�d� Jon Duckstad, Secretary lJ . i O� �C�g I � � MINUTES OF THE MEETING OF TAE BOARD OF ZONIl�IG APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE 25, 2001 Continued from June 11, 200I PRESENT; Mmes. Maddox, Morton, and Otteson; Messrs. Duckstad, Faricy, Kleindl, and Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant Ciry Attorney; Mr. Aardwick and Ms. Crippen of the Office of License, Inspection, and Environmentat Protecdon. ABSENT: Vincent Courtney, Dan Galles * *Excused The meeting was chaired by Joyce Maddox, Chair. Paul Stefanyshun (fi01-2076901 313 Harrison Avenue: Two variances in order to construct a new detached garage in the rear yard. The maximum allowable size for a detached garage is 1,000 square feet, the pioposed size is 1,305 square feet, for a variance of 305 square feet. The maximum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for denial cicing findings 1-4. No correspondence was received in opposition to the variance request. No correspondence was received in opgosition to the variance from District 9. The applicant PAUL STEFANYSAUN, 313 Aarrison Avenue, was present. There was no opposition presentatthe hearing. '2vls. Otteson ques6oned what type of work Mr. Scefanyshun did and whether he would bE doing any work out of his garage. Mr. Stefanyshun stated he would not be working out of his gazage. I3e stated the garage would be for personai properry. Mr. Stefanyshun stated that he drives truck for a road construction company. Mr. Stefanyshun stated that he was planning to buy a Recreational Vehicle, he stated a desire to purchase a boat sometime in the future, he wants to build a garage that would accommodate both. He stated that being it snowed six months of the year. It would be nice to have some extra storage area. Hearing no further testimony, Ms. Maddox closed the public portion of the meeting. Ms. Morton moved to deny the variance and resolution based on findings 1 through 4. Mr. Faricy seconded the motion, which passed on a roll call vote of 6-1(Kleindl). Snbmitted by: Approved by: � John Hardwick Jon Duckstad, Secretary Council File # — �Q� � ORIGINAL Presented By Refened To RESOLUTION Crreen Sheet # 113 � '1't 1 . • ,�' . i , / Committee: Date 2 Whereas, Paul Stefanyshun made application to the Board of Zoning Appeals for a 3 variance from the strict applicarion of the provisions of the Saint Paul Zoning Code for property 4 located at 313 Harrison Avenue, and legally described as Whitacre Brisbine and Mullens 5 subdivision etc. Subj to Highway Lot 85 and Lot 86 for the purpose of constructing a new 6 detached garage in the rear yazd; and 8 Whereas, The Board of Zoning Appeals conducted a public hearing on June 25, 2001, 9 a8er having provided notice to affected properiy owners, and the Board, by its Resolution# Ol- 10 20769Q adopted June 25, 2001, decided to deny the application based on the following findings 11 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 and conclusions: 1. The property in question can be put to a reasonable use under the strict provisions of the code. The applicant currently has a 14 by 20-foot detached garage and a 10 by 12-foot storage shed in the reaz yard. He would like to construct a 30 by 43.5-foot garage and remove the garage and shed. The applicant states that he would like to buy a recreational vehicie some day and needs a place to pazk it. He also plans to buy a boat and may get married and would need room for his fixture spouse's vehicle. This is a lazge lot and it can accommodate a large garage. However, the proposed garage is nearly twice the size allowed by code and wouid be larger than the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single family home. A gazage this size would also be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print of the gazage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the land owner is not due to circumstances unique to this properry, and these circumstances were created by the land owner. There is nothing unique about this properiy, other than its size, that would justify an accessory structure of this size. The applicant states that he is planning for the future and has not demonstrated any existing hardship. o� \o�t 2 0 0 10 11 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 40 41 42 43 44 45 46 47 48 49 50 51 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and weZfare of the inhabitants of the Ciry of St Paul. Accessory structures for single family homes and duplexes are lunited to 1,000 square feet. The intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use does not doininate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story gazage is sufficient for most one and two family homes in an urban setting. 4. The proposed variance witl not impair an adequate supply of Zight and air to adjacent property, but will alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. The proposed gazage will meet all of the setback requirements but will exceed the height limitations. The applicant has submitted statements from the properiy owner of 314 Harrison, across the street and 309 Harrison abutting to the east, in support of the proposed vaziance. However, the sheer size of the proposed building is not in keeping with other accessory structures in the neighbarhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the character of this urban residential neighborhood. 5. The variance, ifgranted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected Zand is located, nor would it alter or change the zoning district classification of the property. Accessory buildings aze permitted in all zoning districts. Provided that the proposed building is not used for commercial purposes or as additional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. Whereas, Pursuant to the provisions of Section 64.205, Paul Stefanyshun duly filed with the City Clerk an appeal from the determination made by the Board of Zoning Appeals requesting that a hearing be held before the City Council for the purpose of considering the actions taken by the said Board; and Whereas, acting pursuant to Sections 64.205 through 64.208, and upon notice to affected parties a public hearing was duly conducted by the City Council on August 22, 2001, where all interested parties were given an opportunity to be heard; and Whereas, the Council, having heard the statements made, and hauing considered the variance application, the report of staff, the record, minutes and resolution of the Board of Zoning Appeals, does hereby � 2 3 4 5 6 7 8 9 10 v� �o�t Resolve, That the Councii of the City of Saint Paul does hereby uphold the Board of Zoning Appeals decision having found no error on the part of the said Board as to its facts, findings or procedures as set forth in their Resolurion No. O1-207690 and that the Councii hereby adopts the said findings set forth in Resolution No. O1-20690 as its own; and be it Further Resolved, That the appeal of Paul Stephanyshun be and is hereby denied; and, be it Finally Resolved, That the City Clerk shall mail a copy of this resolution to Paul Stephanyshun, the Zoning Administrator, Plauuing Commission and Board of Zoning Appeals. OR[GlNAL Requested by Department of: Adopted by Council: Date (�,c'�' �'7 appt t Adoption Certi£ied by Council Secretary By: _� � e# Approved by Mayor: Date By: Form Appr by City Attorney By: �]"� IJG�QR/Y`a� �� `c�( Approved by Mayor for Submission to Council � / � y '/�' � w. DEPARTMEMlOFPICFJCWNCIL DATEINRIA7ED "" ciiR couNCiL io/os/oi f; CONTACT PERSON & PHONE GREEN SHEET C)� 1C7�S1 No � 13677 •� TOTAL # OF SIGNATURE PAGES ov�umarmFC�art arvtau¢�. ❑ anproroEr � urcanuc ❑ wtwonta�son. ❑ nw�urtafnm�a.io ❑ w�roRUmsnwn ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Memorializing City Council action taken August 22, 2001, denying the appeal of Paul Stephanyshun of a Board of Zoning Appeal's decision Yo deny a vaxiance to construct a detached garage at 313 Harrison Avenue larger than the 1000 square foot maximum allowed and higher than the 15 foot maximum allowed. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION IFAPPROVED Has tli�s persoMBrtn exr xarked under a coMrad for thie depa�tmeM? YES NO tlasthis pe�soMrm erer heen a aty empbyee7 YES NO Does Ni6 0�� Ws�ss a Sfdll not nomWlYP� M' anY curtent CiIY emP�oYa-'? YES NO is m�s a��r� a �ere�a.�aarr vES rio COST/REVENUE BUOGEfED (CIRCLE ON� YES NO SOURCE ACTNITYNUMBER OFFICE OF THE CITY ATTORNEY Q` �, Clayton M Robinson, Jr., Ciry AKOrney � � CITY OF SAINT PAUL Norm Coleman, Mayor Civi1 Division 400 Ctry Hall IS Wert Kellogg Blvd. Saint Paul, Minnesot¢ 55102 Telephorse: 65I 266-8710 F¢csimile: 65l 298-5679 October 5, 2001 Nancy Anderson City Council Reseazch Office Room 310 City Ha11 Saint Paul, MN 55102 RE: Appeal of Paul Stephanyshun; City Council Action Date: 8-22-01 Dear Nancy: Attached please find a signed resolution memorializing the Council's decision to deny Mr. Stephanyshun appeal of a BZA decision following the Council's public hearing on August 22, 2001. Please place the matter on the Council's consent agenda at your earliest convenience. Sincerel , � i � :v �. L./l.�cY""�� Peter W. Warner City Attorney's Office o� to�l OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roger Curtis, Direc[or CITY OF SAINT PAUL Norm Coleman, M¢yor July 19, 2001 Ms. Nancy Anderson Ciry Council Research O�ce Room 310 Ciry Hall Saini Pau1, :vIN Ss1Q2 Dear Ms. Anderson: �u�. � � �Q� I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 22, 2001 for the following zoning case: Appellant: Paul Stephanyshun, 313 Harrison Avenue File Number: O1-207690 Purpose: Location: Appeal of a Boazd of Zoning Appeals decision denying a variance to construct a detached gazage larger than the 1000 square foot ma�cnnum allowed and higher than the 15 foot maximum allowed. 313 Harrison Avenue Staff : Recommended denial District�: No recommendation Board : Approved on a 6-1 vote I have confirmed this date with the office of Council Member Chris Coleman. My understanding is that this public heazing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9083 if you have any questions. Sincerely, ��'l - Jeff Hawkins Zoning Specialist cc: Council Member Coleman ` B(ITLDING7NSPEC770NAND Telephone:612-26b9001 DESIGN Facsimile: 612-2669099 350 St Peter Street Suite 3I0 Sainr Pau[, Minnesota 55102-I510 � R9gE��t'C�1 ��'tE±° •�ursTxmv � , iN'OTiCE OF PFBLIC HR.ARING � � ' 'Rie SatnY Paul Ctt}�Couna&w11 condnd_ a public hearmg on Wednesday, _Avgust 22, -� ?A01. at 5:30 p.m, in the Cify Counc�l Chambecs, 3rd F1oor City HaD; to conslda the appeal of Paul Stephariyshun regardivg fihe dedsion of the Board of Zoming APPeais de�g a vadance to construct"a detached Sarage7ag�'flian the 1000 square foot maX ' imum aIlowed and higher N�an 4he 15 foot maxtmum allowed af313 FIazri.son Ave[tue. Dated:JUly24,�2001 � " . �NANCYANDERSON Asslstant Ctty Coundl Secrefary ' � � . F7u1y 30)- . S1: PADL IEC.AL 18DGFdt — CITY OF SAINT PAUL Norra Coleman, Mayor July 19, 2001 Ms. Nancy Anderson City Council Research Office Room 310 City Aall Saint Paul, MN 55102 Dear Ms. Anderson: OFFICE OF LICENSE, INSPT CIONS AND ENVIRONMENTAL PROTE: ION � Roger Curtis, Director 0 �� d O y BUIIDINGINSPECI70NAND Telepkone:612-2669001 DESIGN Facsimi[e: 672-266-9099 350 St Peter Street Suite 3I0 Saint Paul, Minnesot¢ 55102-I510 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 22, 2001 for the following zoning case: Appellant: File Number: Purpose: Location: Staff : District�': Board : Paul Stephanyshun, 313 Harrison Avenue 01-207690 Appeal of a Board of Zoning Appeals decision denying a variance to construct a detached garage larger than the 1000 square foot maximum allowed and higher than the 15 foot maximum allowed. 313 Harrison Avenue Recommended denial No recommendation Approved on a 6-1 vote I have confirmed this date with the office of Council Member Chris Coleman. My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in ihe Saint Paul I,egal Ledger. Thanks! Please call me at 266-9083 if you have any questions. Sincerely, Jeff Hawkins Zoning Specialist cc: Council Member Coleman ; APPLICATION FOR APPEAL Departn:ent ojPlanning and Economic Development Zoning Section II00 City Ha!! Annez 25 if'est Fourth Street Saint Paul, M11' S5102 266-6589 APPELLANT >:.�Oitiit�$.�R'�3�� !I ? �ile no � ;FQe�� 's�siative hearir� i . OTtE�jt � -� . : . �� t8: Address S�/� f�a-rri'Son. Av� City .S� P�G St�/7 Zip SS/Da Daytime phoneGs�" PROPERTY Zoning File LOCATION . .. .. TYPE OF APPEAL: Application is hereby made for an appeal to the: L Board of Zon+ng Appeals City Council under the provisions of Chapter 64, 5ection ��asgraph ef th� Zoning Code to appeal a decision made by the on ��i� at� . 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Yc? ori i f - ----- ------ ------- - e . ;� BOARD OF ZONING APPEALS STAFF REPORT TYPE OF APPLICATIOIV: Minor Variance FILE #: O1-207690 APPLICANT: HEARING DATE: LOCATION: LEGAL DESCRIPTION PLANNING DISTRICT: PRESENT ZONING: REPORT DATE: PAUL STEFANYSHUN June 25, 2001 313 HARRISON AVENUE WHITACRE BRISBINE AND MI II,LENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 AND LOT 86 0 RT-2 June 4, 2001 DEADLINE FOR ACTION: August 13, 2001 ZONING CODE 12EFERENCE: 62.106 $Y: John Hazdwick DATE RECEIVED: June 13, 2001 A. PURPOSE: Two variances in order to construct a new detached gara�e in the reaz yazd. The maximum allowable size for a detached garage is 1,000 squaze feet. The proposed size is 1,305 square feet, for a vatiance of 305 square feet. The maximum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. B. SITE AND AREA CONDITIONS: This is a 100 by 123-£oot parcel with alley access at the reaz to a detached garage and a surface parking azea. �f fIT f fiT:7 rF.1 iTi lrl.Y:� U � Y(:ii � �w.7 t� iy � i � r.. �. wti:i: C. BACKGROUND: In 1991 the applicant constructed a concrete slab in the reaz yard and has been using it for surface parking. He would now like to construct a 42 by 43-foot gazage on the sIab. The applicant fias submitted revised plans for his proposed garage. He has proposed a smaller footprint (30 by 43.5 feet) but has now requested a height variance. _ D. FINDINGS: The property in question can be put to a reasonable use under the strict provisions of the code. Page I oC 3 o�-�o�l File #O1-207690 Staff Report The applicant currently has a 14 by 20-foot detached gara�e and a 10 by 12-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot garage and remove the garage and shed. The applicant states that he would like to buy a recreational vehicle some day and needs a place to park it. He also plans to buy a boat and may get married and would need room for his future spouse's vehicle. This is a large lot and it can accommodate a lazge gazage. However, the proposed garage is nearly twice the size allowed by code and would be larger than the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single family home. A garage this size would also be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print of the garage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the land owner is not due to circumstances unique to this property, and these circumstances were created by the land owner. There is nothing unique about this property, other than its size, that would justify an accessory structure of this size. The applicant states that he is planning for the future and has not demonstrated any existing hardship. 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. Accessory structures for single family homes and duplexes are limited to 1,000 square feet. The Intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use does not dominate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story garage is sufficient for most one and two family homes in an urban setting. 4. The proposed variance wi11 not impair an adequate supply of Zight and air to adjacent proper•ty, but will alter the essential character of the surrounding area or unreasonably diminish established properry values within the surrounding area. The proposed garage will meet all of the setback requirements but will exceed the heigkt limitations. The applicant has submitted statements from the property owner of 314 Harrison, across the street and 309 Harrison abutting to the east, in support of the proposed variance. Page 2 of 3 File #01-207690 Staff Report However, the sheer size of the proposed buiiding is not in keeping with other accessory structures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the character of this urban residential neighborhood. 5. The variance, ifgranted, would nat permit any use that is not permitted under the provisions of the code for theproperty in the district where the affected land is Zocated, noY would it alter or change the zoning district classifzcation of the property. Accessory buildings are permitted in all zoning districts. Provided that the proposed building is not used for commercial putposes or as addifional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. E. DISTRICT COUNCIL RECOMMENDATION: As of the date of this report, we have not received a recommendation from District 9. F. STAFF RECOMMENDATION: Based on findings 1 through 4, staff recommends denial of the varfance. Page 3 of 3 APPLICATION FOR ZONING VARIANCE OFFICE OF LICENSE, INSPECTIONS, AND ENVIRONMENTAL PROTECTION 350 SL Peter Street, Suite 300 Saznt PauI,1KN SSIO2-I510 651-266-9008 APPLfCANT PROPERTY Address 'S /3 f�.zr�.�Soi. AYP City Sf �Q,u./ State�n Zip SS1 �o2Daytime Phone GS /'� p� Property interest of appficant (owner, contract purchaser, etc.) �tNnBr Name of owner (if different) Address/Location �/? f/,A.rri f�,r AuP Lot size Present Zoning�"f'resent Use ��" � S Proposed Use O�i ✓a..fe_ , bn,_ ae...f � l/ G�z-r S fru.� i Legaf description (attach additional sheet ifnecessary) � i n �j /� �o.rhi 1. Variance(s) requested: 2. What physical characteristics of the property prevent its being used for any of the permitted uses in your zone? (topography, size and shape of lot, soil conditions, etc.) ` 7.� r�--if�c. �,e.�9-- i-",�-. 3. Explain how fhe strict application of the provisions of the Zoning Ordinance would result in peculiar or exceptional practiral difficulties or exceptional undue hardships. s ,y� tY '�-act....�- CASHIERS USE ONIY 4. Explain how the granting of a variance will not be a substantial detriment to the public good or a substantiai impairment of the intent and purpose of the Zoning Ordinance. r (� - � �.� � ��,.,�.�- sheets if ApplicanYs ��, � �' , �-�9 -� � z� Date � - C�/� JUN-13 09-42 RM ' � ' ��_ d� w � U , u, C -t-• � p � � �_ 5� �. 4 � � > c� � � S �G . 7 .,:.; - � �� n n O � � � �•�, � , {r-�r :�.,, . • � �� N P_01 U � > � � � � � � � �-' S l C .� � JUN-13-2001 10�44 gsi P.01 JUN-1e-01 09:45 AM � �_._ .. .._.. i j , � p I O1 I i i I ' I . � I � ' I ' i o i � '." � � � � i ' � �a � ! i � I i i I ,. � , . � i � i � [V r � :, � � 30'1 ,.... - --... _ _.. � 12' sidewalis P_02 _ y C�1—\� � - --.. _ ..._ _. .. . _.� I I i 'f � � I I I i ' � � � � � I , i i � � I I I j ; � I � � i i b, � , ! � ' , � ' , � � �, . i ; Garage an existing slab i° � �ii �, � + � i ; �, � i i i i i f � { : V i � �. i � ; f � � , : � � �� i � i � � , ; i � , � i ' i ; i - t � j i i � � I � I � � � � _��. i .�. _ :i , , ; � � , � --- � � _ -_-_ _ , � � � � , -- � - -- - - ---__- - - - �-------. . . � F 2°� -- 22'70"4 - 4�g"4 a � ' 30'1 JUN-13-2001 10-44 95� P.02 JUN-73-01 09-4^o RM �^ \ 1 � :o!= ::. 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Johnson owner of 309 Hazrison Ave and 310 Harrison Ave St.Paui, Mn. 55102 give permission for Paul Stefanyshyn at 313 Harrison Ave St.Paul, Mn. 55102 for the neighbor next door to build a new garage with specks about 45 by 50, and 18-20 height. If�ny questions piease�contact me at my office number, 651-225-4455 or my mobel number . r1. K;:THY LYNN KLINGIE , y NO7ARYPUBUC-MINNESOTA ' . �� "�X RES AN 91�2(b5 FWiG> � � � ; :� �� `� .. � S-IS-2001 I Steve R. Johnson owner of 314 Harrison Ave St.Paul, Mn. 55102 give permission for Paul Stefanyshyn at 313 Harrison Ave St.Paut, Mn_ 55102 for the neighbor next door to build a new garage with specks about 45 by 50, and 2 8-20 height. If any questions please contact me at my office number, 651-225-4455 or my mobel number 651-276-2674. Steve R. Johnson �/�� No ' KATHY LYNN KUNG�E NOTARY PUBUC - MIPAJE$pTA MY COMMISSpN 'ay' EXPIRES JAN 31, 200$ U\ �C�g 1 PROPERTY WITHIN 100 FEET OF PARCEL: 313 HARRISON AVENUE z� ! N PREPARED 1BYe L! EP 2. SUNRAY-BATTLECREEK-HIGHWOOD 2. HAZEL PARK HADEN-PROSPERITY HILLCREST 3. WEST SIDE - 4. DAYTON'S BLUFF 5. PAYh'E-PHALEN 6. NORTH END 7, THOMAS-DAI,E 8. SUMMIT-UNIVERSITY 9. WEST SEVEN"t'H 10. COMO il. HAMLINE-MIDWAY 12. ST. ANT�HONY PARK 13. MERRIAM PARK-LEXING'fON HAMI:INE-SNELLING HAMLINE 14. MACALBSTER GROVEI.AND 15. HIGFiLAND 16. SUMMIT HILL 17. DOWNTOWN �� .� ��-26�1� d i CTITZEN PARTICIPATION PIANNING DISTRICTS o� 1� i CITY OF SAINT PAUL BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMSER: # oi-2o�690 DATE: 7une 25, 200� WHEREAS, Paui Stefanyshun has applied for a variance from the strict application of the provisions of Section 62.106 of the Saint Paul Legislative Code pertaining to the construction of new detached garage in the RT-2 zoning district at 313 Harrison Avenue; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on 7une 25, 2001 pursuant to said appeal in accordance with the requirements of Section 64.205 of the Legislative Code; and WHER£AS, the Saint Paul Boazd of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes, made the following findings of fact: !. The property in question can be put to a reasonable use under the strict provisions of the code. The applicant cunently has a 14 by 20-foot detached garage and a 10 by 12-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot garage and remove the garage and shed. The applicant states that he would like to buy a recreational vehicle some day and needs a place to park it. He also plans to buy a boat and may get married and would need room for his future spouse's vehicle. This is a large lot and it can accommodate a large garage. However, the proposed gazage is nearly huice the size allowed by code and would be ]arger than the house. A 24 feet by 40-foot garage would be pernutted without a variance and would seem to provide enough space for a single family home. A garage this size would aiso be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print of the garage. However, the size of the garage and the additional storage azea is excessive for a single family home. 2. The plight of the Zand owner is not due to circumstances unique to this property, and these circumstances were created 6y ihe land owner. There is nothing unique about this property, other than its size, that would justify an accessory structure of this size. The applicant states that he is planning for the future and has not demonstrated any existing hardship. 3. The proposed variance is noi in keeping with the spirif artd intent of the code, and is rzof consistent with the health, safety, comfort, morals and weZfare of the inhabitants of the City of St. Paul. Accessory strucrizres for single family homes and duplexes are limited to 1,000 squaze feet. The intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use does not dominate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story garage is sufficient for most one and two family homes in an urban setting. Page 1 of ? File #01-207690 Resolution 4. 7'he proposed variance will not impair an adequate supply of light and air to adjacent property, but will alter the essential character of the surrounding area or unreasonabZy diminish established property values within the surrounding area. The proposed garage will meet all of the setback requirements but will exceed the height limitations. The applicant has submitted statements from the property owner of 314 Harrison, across the street and 309 Harrison abutting to the east, in support of the proposed variance. However, the sheer size of the proposed building is not in keeping with other accessory struciures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed vaziance would change the character of this wban residential neighborhood. S. The variance, if granted, wou[d not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. Accessory buildings aze permitted in all zoning districts. Provided that the proposed building is not used for commercial purpases or as additional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the vaZue or income potential of the parcel of land. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the request to waive the provisions of Section 62.105 In order to cons�uct a 1,305 squaze foot garage SE HEREBY DEIVIED on property located at 313 Harrison Avenue; and legally described as Wf1ITACRE BRISBINE AA'D MULLENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 AND LOT 86; in accordance with the application for variance and the site plan on file with the Zoniag Adminisirator. MOVED BY: Morton SECONDED BY Faricy IN FAVOR: 6 AGAINST: i MAILED: 3une 26, 2001 Page 2 of 3 o� �� 1 File #01-207690 Resolution TIME LIlVIIT: No order of the Board of Zoning Appeals permitting the erection or alteration of a bvilding or off-street parking facility shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding pursuant to the terms of such permit. The Board of Zoning Appeals or the City Council may grant an extension not to exceed one year. In granting such extension, the Board of Zoning Appeals may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council within 15 days by anyone affected by the decision. Building permits shall not be issued after an appeal has been Gled. Tf permits have been issued before an appeal has been Fled, then the permits are suspended and construction shall cease until the City Council has made a final determination of the appeal. CERTIFICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint Paul, Minnesota, do hereby certify that T have compared the foregoing copy with the original record in my office; and £nd the same to be a true and correct copy of said original and of the whole thereof, as based on approved minntes of the Saint Paul Board of Zoning Appeals meeting held on June 25, 2001 and on record in the Office of License Inspection and Environmental Protection, 350 St. Peter Street, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZONING APPEALS Debbie Crippen Secretary to the Board Page 3 of 3 MINUTES OP THE MEETING OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE I1, 2001 PRESENT: Mmes. Maddox, and Morton; Messrs. Faric}�, Galles, Kleindl , and Wilson of the Board of 2oning Appeals; Mr. Warner, Assistant Ciry At[orney; Mr. Hardtivick and Ms, Crippen of the Office of License, Inspection, and Environmental Protection. ABSENT: Jon Duckstad, Vince Courmey* "Excusec3 The meeting was chaired by 7oyce Maddox, Chair. Paul Stefanvshun (#O1-2076901 313 Harrison Avenue: A variance in order to construct a new detached garage in the rear yard. The maximum altowable size for a detached garage is 1,000 square feet, the proposed size is 1,806 square feet, for a variance of 806 square feet. Mr. Hard�vick showed slides of dze site and reviewed the staff report with a recommendation for denial citing findings 1-4. No correspondence received in opposition to the variance reouest. No correspondence was received in opposition ro the variance from District 9. The applicant PAUL STEFANYSHUN, 313 Harrison Acenue, was present. There was no opposition present at the hearing. Mr. Stefanyshvn siated that he had dzcided on a smaller garage of thirry by forty-three feet. Ms. Morton questioned if the garage would sti11 be tar�er than the house. Mr. Stefanyshun stated that the house measured twenty-si� by forty-six feet. He stated that the house is three storizs and would still be larger than the garage. Mr. Stefanyshun stated that his neiahbors had not objected to the lazger oarage. r. a es quesnone _ � � been applied for. Mr. Hard�vick stated that they could lay the cas: o��er for two weeks niving staff time to renotify the neighbors of the revised request. h4r. �1'ilson moved to continne the matter for two «�eeks un�il ]une 25, 2001. Mr. Faricy seconded the motion, which passed on a voice �oce of 6-0. Submitted by' � � John Hard�vick Approved by: �-� ��G!�%12�2�� lon Duckstad, Secretary O\ MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE 25, 2001 Continued from June II, 200I PRESENT: Mmes. Maddox, Morton, and Otteson; Messrs. Duckstad, Faricy, Kleindl, and Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant Ciry Attorney; Mr. Hardwick and Ms. Crippen of the Office of License, Inspection, and Environmental Protection. ABSENT: Vincent Courtney, Dan Galles " *Excused The meeting was chaired by Joyce Maddox, Chair. Paul SteFanvshun t#O1-2076901 313 Harrison Avenue: Two variances in order to construct a new detached garage in the rear yard. The maximum allowable size for a detached garage is 1,000 square feet, the proposed size is 1,305 square feet, for a variance of 305 square feet. The maximum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for denial citing findings 1-4. No correspondence was received in opposition to the variance request. No correspondence was received in opposition to the variance from District 9. The applicant PAUL STEFANYSHUN, 313 Harrison Avenue, was present. There was no opposition present atthe hearing. Ms. �tteson questioned what type of work Mr. Stefanyshun did and whether he would be doing any work out of his garage. Mr. Stefanyshun stated he would not be working out of his garage. He stated the garage would be for personal property. Mr. Stefanyshun stated that he drives truck for a road construc[ion company. Mr. Stefanyshun stated that he was planning to buy a Recreational Vehicle, he stated a desire to purchase a boat sometime in the future, he wants to build a garage that would accommodate both. He stated that being it snowed six months of the year. It would be nice to have some extra storage area. Hearing no further testimony, Ms. Maddox closed the public portion of the meeting. Ms. Morton moved to deny the variance and resolution based on findings 1 through 4. Mr. Faricy seconded the motion, which passed on a roll call vote of 6-1(Kleindl). Submitted by: Approved by: John Hardwick Jon Duckstad, Secretary OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Rnger Curtis, Director 0` ,��, LJ � . CITY OF SAINT PAUL Norm Coleman, Mayor July 19, 2001 Ms. Nancy Anderson City Council Research Office Room 310 Ciry Hail Saint Paul, MN 55102 Dear Ms. Anderson: B UIL DING INSPECTTON AND DESIGN 350 S[ PMer Street Suite 310 SaintPaul, Minnesota 55102-]SIO Telephone: 6I2-266-9001 Facsimile: 612-266-9099 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 22, 2001 for the following zoning case: Appellant: Paul Stephanyshun, 313 Harrison Avenue File Number: O1-207690 Purpose: Location; Staff : District� Board : Appeal of a Board of Zoning Appeals decision denying a variance to construct a detached garage larger than the 1000 square foot maximum allowed and higher than the 15 foot maximum allowed. 313 Harrison Avenue Recommended denial No recommendation Approved on a 6-1 vote I have confirtned this date with the office of Council Member Chris Coleman. My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that yoa will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9083 if you have any questions. Sincerely, Jeff Hawkins Zoning Specialist cc: Council Member Coleman , � APPLICATlON FOR APPEAL Department of Planning and Economic Development Zoning Section ll DO City Hall Anner 25 W'est Fourth Street Sain1 Paul, MN SSIO2 266-6589 APPELLANT � File nn �';r�C . Fse °. r � �. `;::T�ntative hearing`�IatQ; � Address f' Av� City _S� /�', St�/9 Zip SSiO� Daytime phoneGS�� PROPERTY Zoning File LOCATION . .. . TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeais City Council under the provisions of Chapter 64, Secfion ��ara a3iBj�~ cf the _7o�ing Gode to appeal a d�e made by the on , 1 ��3�Q.. c� , (date of decision) File number. 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' � _ OYe.r � _ _ --', --__- � � �� . � o� �c'�1 ; � ------.--- —Tfi, S .• s__a� _f.l.ac __sror _fio.�rz__�,.-.t.C-°' ---'2..'�z_S_?�'�-- —c._pc-r�Y!!t�"._�.6:-v_%�.i�q--ji�xt_fo if.._�'f__wo.'.,• � .// -_—`- __"_ ' __ "./.7�?'Ce_NiR./��iitC)_ _o�__.GjcQ/_'�G_��X_y.�__%J��.HO� f�iG_ �o.�.f'.. ✓ (J ----� Z�e__.5la� ._iJ _,a.Ircad7_,(��.er� �_�ii. �/_a.c�_� �,� ? . � ____ �R' Oh/? __' _" __ __ —_`_____ '----`-_ ' _ � � � � \ � ,^ ___ .1 N \ BOARD OF ZONING APPEALS STAFF REPORT � � TYPE OF APPLICATION: Minor Variance APPLICANT: HEAI2ING DATE: LOCATION: LEGAL DESCRIPTION PLANNING DISTRICT: PRESENT ZONING: REPORT DATE: PAUL STEFANYSHLJN June 25, 2001 313 IIARRISON AVENLTE FILE #:O1-207690 WHITACRE BRISBINE AND MULLENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 t1ND LOT 86 RT-2 June 4, 2001 DEADLINE FOR ACTION: August 13, 2001 BY: John Hazdwick DATE RECEIVED: June 13, 2001 . � PURPOSE: Two variances in order to construct a new detached garage in the rear yazd. The maximum allowable size for a detached garage is 1,000 squaze feet. The proposed size is 1,305 square feet, for a variance of 305 square feet. The masimum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. SITE AND AREA CONAITIONS: This is a 100 by 123-foot parcel with alley access at the rear to a detached garage and a surface parking azea. uffoun ing an se: ixe re � . C. BACKGROUND: In 1991 the applicant constructed a concrete slab in the rear yazd and has been nsing it for surface pazking. He would now like to construct a 42 by 43-foot gaza�e on the slab. The applicant has submitted revised plans for his proposed garage. He has proposed a smaller footprint (30 by 43.5 feet) but has now requested a height variance. D. FIINDINGS: 1. The property in question can be put to a reasonable use under the strict provisions of the code. ZONING CODE REF'ERENCE: 62106 • Pa�e 1 of 3 o� �o� � • File #01-207690 Staff Report The applicant currently has a 14 by 20-foot detached gazage and a 10 by 12-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot garage and remove tt�e garage and shed. The applicant states that he would like to buy a recreational vehicle some day and needs a place to pazk it. He also plans to buy a boat and may get married and would need room for his future spouse's vehicle. This is a lazge lot and it can accommodate a large garage. However, the proposed gazage is nearly twice the size allowed by code and would be larger than the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single family home. A garage this size would also be more in keeping with the size of the house. The applicant is requesting a height variance in order to have some additional storage area to make up for the smaller foot print o£ the garage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the land owner is not due to circumstances unique to this property, and these circumstances were created by the land owner. There is nothing imique about this property, other than its size, that would justify an � accessory structure of this size. The applicant states that he is planning for the fuhzre and has not demonstrated any existing hardship. 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. _ Accessory structures for single family homes and duplexes are limited to 1,000 square feet. The intent of this ordinance is to keep the accessory structures reasonably proportionate to the house so that the accessory use.does not dominate the site. The proposed garage will still be larger than the house and is not in keeping with the intent of the code. A 1,000 square foot single story garage is sufficient for most one and two family homes in an urban setting. 4. The proposed variance wi11 not impair an adequate supply of light and air to adjacent property, but will alter the essential character of the surrounding area or unreasonably diminish established property values within the sa�rrounding area. The proposed garage will meet all of the setback requirements but will exceed the height limitations. The applicant has submitted statements from the property owner of 314 Harrison, across � the street and 309 Hamson abutting to the east, in support of the proposed variance. Page 2 of 3 File #O1-207690 Staff Report However, the sheer size of the proposed building is not in keeping with other accessory structures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the chuacter of this urban residential neighborhood. S. The variance, ifgranted, would not permit any use that is not permitted under ihe provisions of the code for the property in the district where the affected Zand is Zocated, nor would it alter or change the zoning district classification of the property. Accessory buildings aze perxnitted in all zoning districts. Provided that the proposed building is not used for commercial purposes or as additional living space, the proposed variance, if granted, will not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. � E. DISTRICT COUNCIL RECOMMENDATION: As of the date of this report, we have not + received a recommendation from District 9. ! F. STAFF RECOMMENDATION: Based on findings 1 through 4, staff recommends denial of the variance. � Page 3 of 3 � APPLlCATION FOR ZONING VARIANCE OFFICE OF LICENSE, INSPBCTIDNS, �]ND ENVIRONMENTAL PItOTECTION 350 St Peter Street, Suite 300 Saint Paul, MN SSIO2-I SIO 65I-266-9008 APPLICANT � Address �/3� t'�ez,rr �Sc.n. AI/2 City S�� a.u✓ State�r Zip �.S%'Jo2Daytime Phone GS�'�� O�%1' Property interest of applicant (owner, co�tract purchaser, etc.)�1Nn� r Name of owner {if PROPERTY � Address/Location �/� t/�.rri�Si, �uP Legal description (attach additiona! sheet if necessary) -7r Lot size Present Zoning �� ``F'resent Cise �f" �� S ' Proposed Use Ql/� Tp f �7nR.�;�� Gci.✓ S f�'w� i inq/e, 1. Variance(s) requested: � 2. What physical characteristics of the property prevent its being used for any of the permitted uses in your zone? (topography, size and shape of lot, soil conditions, etc.) t � j.� �--�-I '' 3. Explain how the strict application of the provisions of the Zoning Ordinance would result in peculiar or exceptional practical difficulties or exceptional undue hardships. 5 � .N-�C� �. CASHtERS USE ONtY � sheets if �� /�� ' 5�,�� .� '� 4. Explain how the granting of a variance will not be a suhstantial detriment to the pubiic good or a substantial impairment of the intent and purpose of ihe Zoning Ordinance. � �� Applicant's z z. Date ,�= ,�' �� JUM-13 08:42 AM � '� ' -�__ W � W � � Y i �� \ � � V� � g �. � � � --< � �" � . � �;:. � , i. � i.{i�' 2 . . , .. �� O ��.:..:.:::. . : _..-M, - �. ��'•° .. {_;;; :.,, . � �\ N P-01 � � � � � � � � � � �0 . � � JUN-13-2001 10�44 95i P_01 JUN-SS-01 09:4e RM • 0 � i. 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'.� � ,... � . �.� , `\` \ N • � SUN-13-2H01 l9�44 95i P.03 • I { :_ � , / , • \ � i2 � � ( (-�y -�� J � ,1 � �� z � �- `� � '��r � r � C � � . � ,,� � d �'l�/� $� T -- � t � r �3 � �ICibi-1c� � �.�t8 i �� x y3- � `• _�� d•� � �� ------� : �. : � �x.s,,�,-� ; �, � e j � tyX2�� /fvi-� i i �.� 3 ; , ; � � -- �xio,� Sk<�S -� � i r � �- � j 3 i 3 (�A- IL2 i l o�' �%",u' ` � � ,. - . � ,� S � � �c�ri.. � S�,_ wc,:-.�d /i�� fo 6w.'/o' f,Cc �o-,-.r�� So �`/a-t � rh ti� vc. G�-io=y.L 5�:��c fn / �c=-./i o-.. R�� l�oa c.y,� �l ��-CX..t Go> S. �r �/?:�.y.r.q o-h r_c� v-r.c.' wc c..t0 / � /rcC �°o !i„�..vt_ S�� '�o.. �, �o-m.'�� o-/Sc 70 • �o-rfL i:. fL,G ��.,roye, 1 fi��•..c S.00Y...>�. i... fJctrSo�.. ✓ W.•f�. 17+� IJGi"q��iG'�f .5�,..-.-owefir`� -�� r� �JC�ic- ✓ P�l� f�i� �jRVG � O� 7 0 �. t�/e✓�,S ?.C� � l i�-v� r�c� C-,-dr � �:... %� �.Cc n c -.- � �, � C/ `� - - - - - -c�"oe,./t ; ylc !/ � � � �� a � ` s-is-2ooz O\—\0�1 I Kenneth G. Johnson owner of 309 Hazrison Ave and 310 Aarrison Ave St.Paul, Mv. 55102 give perntission for Paul Stefanyshyn at 3 i3 Harrison Ave St.Paul, Mn. SS id2 for the neighbor next door to build a new garage with specks about 45 by 50, and 18-20 height. If�ny questions please contact me at my office number, 651-225-4455 or my mobel number 65 -276-2674..1 � . K :THY LYNN KLINC�tE � r1 = �+OTPRYPUBllC-MIAMlESOTA �� MY COMMISSION � ;i*� �=XPIRES JAN. 31, 2005 -o � � � � . ,:, g :v , i ,, <i . � 5-15-2001 I Steve R. Johnson owner of 314 Hazrison Ave St.Paul, Mn. SS1Q2 give permission for Paul Stefanyshyn at 313 Harrison Ave St.Paul, Mn. 55102 for the neighbor ne� door to build a new garage with specks about 45 by 50, and 18-20 height. If any questions please contact me at my office number, 651-225-4455 or my mobel number 651-276-2b74. / �� /� �� / - - ' �' . , ' ��r��l �� . �,� i� � ' KATHY IYNN KLINGLE NOTARV W9IlC-MINNESOTA `� • MY COMMISSIpN � � � ` EXPIRES JAN 31, 20p5 � • � �i �� PROPERTY WITHtN 900 FEET OF PARCEL 3'13 HARRISON AVENUE �� , (973) 309 '� �I. i � D � � � � � � �� ( 251 ; � �_ . : � ; I_ ,` I I L � �i i i� � N PREPARED �Y: L! EP ;; ,� (40) c 299 r HARRISON � � 1. 2. a. S. 6. 7. 8. 9. 10. i i. 12. 13. 14. IS. 16. 17. SUNRAX-BATTT.ECREEK-HIGH WOOD HA7.EL PARK - ♦ILJ♦ Ul/.JY -� AAYTON'S BLUFF PAYNE-P�3ALEN NORTH END THOMAS-T3ALE SUMMIT-tTi3IVERSITY WEST SEVENT`�I COMO HAMLINE-MIDWAX ST. AN'ITIONX PAl2K MERRTAM PARK-LEXTI3GTON HAMLINE-SNELLING HAMLINE MACALESTER GROVELAND HIGFII.AND SUMMIT HILL � AOWI�ITOWN �z�� .� ��-�G�� d4 - CITIZEN PARTICIPATION PI.AI3NING DISTRICTS C» lCat�'1 , CITY OF SAINT PAUL BO�RD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER # O1-207fi90 DATE: 7�e 2s, 2001 WHEREAS, Paul Stefanyshun has applied for a variance from the strict application of the provisions of Section 62106 of the Saint Paul Legislative Code pertaining to the construction of new detached garage in the RT-2 zoning district at 313 Harrison Avenue; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on June 25, 2001 pursuant to said appeal in accordance with the requirements of Secrion 64.205 of the Legislative Code; and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantialiy reflected in the minutes, made the following findings of fact: 1. The property in question can be put zo a reasonable use under the strict provisions of the code. The applicant cunently has a 14 by ZO-foot detached garage and a 10 by I Z-foot storage shed in the rear yard. He would like to construct a 30 by 43.5-foot gazage and remove the garage and shed. The � applicant states that he would like to buy a recreational vehicle some day and needs a place to park it. He also plans to buy a boat and may get mamed and would need room for his future spouse's vehicle. This is a large lot and it can accommodate a]azge gazage. However, the propased garage is nearly twice the size allowed by code and would be larger khan the house. A 24 feet by 40-foot garage would be permitted without a variance and would seem to provide enough space for a single , family home. A garage ihis size would also be more in keeping with the size of the house. The applicant is requesting a height variance in arder to have some additional storage area to make up for the smaller foot print of the garage. However, the size of the garage and the additional storage area is excessive for a single family home. 2. The plight of the Iand owner is noi due to circumstances unique to this properry, and these circumstances were created by the land owner. There is nothing unique about this property, other than its si2e, that would justify an accessory structure of this size. The applicant states fhaf he is planning for the future and has not demonstraYed any existing hardship. 3. The proposed variance is not in keeping with the spirit and intent of the code, and fs not consistent with the health, safety, comfort, morals and welfare af the inhabitanis of the City of St. Paul. Accessory siructures for single family homes and daplexes aze limited to 1,000 square feet. The intent of this ordinance is to keep the accessory shuctures reasonably proportionate to the house so thai the accessory use does not dominate the site. The proposed garage will still be lazger than the house and is noi in keeping with the inient of the code. A 1,000 square foot single story garage is � sufficient for most one and hvo family homes in an urban setting. Page 1 of 3 File #O1-207690 Resolution 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, but will alter the essential character of the surrounding area or unreasonably diminish established properry values within the surrounding area. The proposed garage wil] meet all of the setback requirements but will exceed the height limitafions. The applicant has submitted statements &om the property owner of 314 Aamson, acrass the street and 304 Aarrison abutting to the east, in support of the proposed variance. However, the sheer size of the proposed building is not in keeping with other accessory shuctures in the neighborhood. Accessory buildings of this size are more typically found in rural or commercial settings. The proposed variance would change the character of this urban residential neighborhood. 5. The variance, i}'granted, would not perrrzdt any use that is not permitted under the provisions of the code for the property in the district where the afjected Zand is located, nor would it alter ar change the zoning district classifzcation of the property. Accessory buildings are pemutted in a11 zoning districts. Provided that the proposed building is not used for commercial purQoses or as addifional living space, the proposed variance, if granted, will not change or alter the zoning classificafion of the property. � 6. The request for variance is not based primarily on a desire fo increase the value or income poteraial . of the parcel of land. NQW, THEREFORE, BE TT RESOLVED, by the Saint Paul Board of Zoning Appeals that the request to waive the provisions of Section 62.1Q6 In order to construct a 1,305 squaze foot garage BE HEREBY DENIED on properry located at 313 Harrison Avenue; and legally described as WHPCACRE BRISBINE AND MULLENS SUBDIVISION ETC. SUBJ TO HIGHWAY LOT 85 ANU LOT 8•� with the application for variance and the site lam m�g ministrator. BY: 14iarton SECONDED BY. Faric IN FAVOR: s AGAINST: 1 MAILED: June 26, 2001 � Page 2 of 3 o� �0�1 � File #OI-207690 Resolution TINIE LIMI'C: No order of the Board of Zoning Appeals permitting the erection or alferation of a building or off-streef parking facility shalI be valid for a periad longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding pursuant to the terms of such permit. The Board of Zonina Appeals or the City Cauneil may grant an extension not to exceed one year. In granting such extension, the Board of Zoning Appeals may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council wifhin 15 days by anyone affected by the decision. Building permits shall not be issued after an appeal has been filed. If permits have been issued before an appeal has been filed, then the permits are suspended and construcfion shall cease until the Cify Council has made a final determination of the appeal. CERTIFICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint Paul, Minnesota, do hereby certify that I have compared the foregoing copy with the original record in my of5ce; and Snd the same to be a true and correcY copy of said original and of the whole thereof, as based on approved minutes of the Saint Yaul Board of Zoning Appeals meeting held on June Z5, . 2001 and on record in the Office of License Tnspection and Environmental Protection, 350 St. Peter Street, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZOIVING APPEALS Debbie Crippen Secretary to the Board � Page 3 of 3 MINUTES OF THE MEBTING OF THE BOARD OF ZONING APPEALS C1TY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE 11, 2001 PRESENT: Mmes. Maddox, and Morton; Messrs. Faricy, Ga13es, Kleindl , and Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant Ciry Attomey; Mr. Hardwick and Ms. Crippen of the Office of License, Inspection, and Environmental Protec[ion. ABSENT: Jon Duckstad, Vince Courtney* "Excused The meeting was chaired by Joyce Maddox, Chair. Pau] Stefanvsl�un (#O1-20769�) 313 Aarrison Avenue: A variance in order to construct a new detached garage in the rear yard. The maximum allo�rable size for a detached garage is 1,000 square feet, die proposed size is 1,806 square feet, for a variance of 806 square feet. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation fot denia] citing findings 1-4. No correspondence received in opposition to the variance request. No correspondence �vas received in oppositlon to the variancz from District 9. The applicant PAi3L STEFAi`TYSHUN, 313 Harrison A� enuz, was present. There �vas no opposition present at the hearing. Mr. Stefanyshun stated [ha[ he had dzcided on a smaller garage of thirty by forry-three feet. Ms. Morton questioned if the garage would still be larger than the house. Mr. Stefanyshun stated that the house measured twenty-sia by forty-six feet. He staeed [hat the house is three stories and would stiil be lareer than the gara,4,e. Mr. Stefanyshun stated that his neighbors had not objected to the lar e; garage. . a es ques[ioned whether they were now talking abou[ a different variance than what had been applied for. Mr. Hardwick stated that they could lay the case over-for nvo weeks giving staff time to renotify the neighbors of the revised request. Mc R`ilson moved to con�inue the matter for nvo Gveeks until 7une 25, 2001. Mr. Faricy seconded the motion, which passed on a voice voce of 6-0. �pproved by: �� GG��Z�d� Jon Duckstad, Secretary lJ . i O� �C�g I � � MINUTES OF THE MEETING OF TAE BOARD OF ZONIl�IG APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, JUNE 25, 2001 Continued from June 11, 200I PRESENT; Mmes. Maddox, Morton, and Otteson; Messrs. Duckstad, Faricy, Kleindl, and Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant Ciry Attorney; Mr. Aardwick and Ms. Crippen of the Office of License, Inspection, and Environmentat Protecdon. ABSENT: Vincent Courtney, Dan Galles * *Excused The meeting was chaired by Joyce Maddox, Chair. Paul Stefanyshun (fi01-2076901 313 Harrison Avenue: Two variances in order to construct a new detached garage in the rear yard. The maximum allowable size for a detached garage is 1,000 square feet, the pioposed size is 1,305 square feet, for a variance of 305 square feet. The maximum allowable height is 15 feet and the proposed height is 17 feet, for a variance of 2 feet. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for denial cicing findings 1-4. No correspondence was received in opposition to the variance request. No correspondence was received in opgosition to the variance from District 9. The applicant PAUL STEFANYSAUN, 313 Aarrison Avenue, was present. There was no opposition presentatthe hearing. '2vls. Otteson ques6oned what type of work Mr. Scefanyshun did and whether he would bE doing any work out of his garage. Mr. Stefanyshun stated he would not be working out of his gazage. I3e stated the garage would be for personai properry. Mr. Stefanyshun stated that he drives truck for a road construction company. Mr. Stefanyshun stated that he was planning to buy a Recreational Vehicle, he stated a desire to purchase a boat sometime in the future, he wants to build a garage that would accommodate both. He stated that being it snowed six months of the year. It would be nice to have some extra storage area. Hearing no further testimony, Ms. Maddox closed the public portion of the meeting. Ms. Morton moved to deny the variance and resolution based on findings 1 through 4. Mr. Faricy seconded the motion, which passed on a roll call vote of 6-1(Kleindl). Snbmitted by: Approved by: � John Hardwick Jon Duckstad, Secretary